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The Government System of Guinea-Bissau

Guinea-Bissau is a country located on the West African coast and is bordered with Senegal and Guinea as well as having a coast along the Atlantic Ocean where it has numerous islands. Its capital city is easy to remember as it is included in the country’s name, Bissau, and this port city is located on the Geba River which gives access to the Atlantic Ocean.  

Guinea-Bissau’s early history is not too well recorded but it was once part of the Kingdom of Kaabu which was also a part of the Mali Empire from the 16th Century, the Kingdom of Kaabu existed in parts until at least the 18th Century. The Portuguese begun setting up trading posts along the coast from the 16th Century for slave trading, local African rulers did not allow the Portuguese colonists into the interior of the land, although eventually by the 19th Century they had explored it and incorporated the land into their colonial empire as Portuguese Guinea. The British had attempted to set up a rival foothold on the island of Bolama, although it had little effect.  

The Portuguese kept control of the land for a very long time until movements for independence begun in 1956, with an armed rebellion. The war was started by Amilcar Cabral via the formation of the African Party for the Independence of Guinea and Cape Verde, who slowly consolidated control over Portuguese Guinea, causing the Guinea-Bissau War of Independence from 1963, using effective guerilla warfare in the thick jungle and harsh terrains as well as being aided by countries such as the Soviet Union and Cuba. There was a slight setback for the group in January 1973 when Cabral was assassinated, but independence was declared in September 1973, although wasn’t accepted by Portugal until April 1974 after the Estado Novo regime was overthrown by a socialist inspired military coup.  

Amilcar’s brother, Luis Cabral was appointed as the newly independent country’s first president, the country became Guinea-Bissau to distinguish it from the other Guinea. Soon after this the African Party for the Independence of Guinea and Cape Verde forces committed mass genocide against thousands of Guinean soldiers in the country who had fought alongside Portuguese forces. A revolutionary council was set-up and ruled the country until 1984. The country eventually held its first multi-party democratic elections since independence, held in 1994, but it would not be long before political turmoil would engulf the country, which still remains a problem until this day, an Army uprising in 1998 which caused the Guinea-Bissau Civil War led to the ousting of the President the following year.  

Fresh elections were held in 2000, but again another military coup in 2003 would lead to the elected President Lala being arrested by the armed forces for failing to solve the problems, legislative elections were then delayed several times before being held in March 2004, but a presidential election was not held until June 2005, in this election Joao Bernardo Vieira, who was overthrown by the armed forces in the Guinea-Bissau civil war, returned and won the election. Vieira ruled until 2009 where he was assassinated, reportedly performed by rebellious soldiers in revenge of the death of the joint chiefs of staff, who had been killed in an explosion on the day before.  

After a time of interim leadership new elections put Malm Bacai Sanha in charge who led until January 2012 where he died from diabetes complications. There was a short period of interim president leadership which was ended by another military coup with soldiers also arresting the top presidential candidate and suspending the country’s constitution. Since then, the country has continued to face political turmoil, with only one president ever serving a full 5-year term so far. The country’s constitution was restored in 2014 after negotiations and the country has returned to democratic elections.  

The country is made up of many ethnic groups, with the three largest being the Mandinka, Balanta and, Fula. The official language is Portuguese although much of the country does not speak it as a first language, the national language of Creole is a much wider spoken first language, many also speak various other native African languages. The largest religion is Islam, although there is also a significant number of Christians as well. The country’s currency is the West African CFA franc which it uses alongside Benin, Burkina Faso, Cote d’Ivoire (Ivory Coast), Mali, Niger, Senegal and Togo. The country’s population is closing in on 2 million.  

Government Type  

Emblem of Guinea-Bissau. By DzWiki from Wikimedia. CC BY-SA 3.0. Source.

Guinea-Bissau is a semi-presidential representative democratic republic with a President as Head of State and a Prime Minister as Head of Government. The National People’s Assembly, a unicameral chamber, makes up the legislative government. Multiple parties are allowed. For parties to form they must respect the national independence and unity, integrity of national territory and the pluralist democracy, and must follow democratic rules in their organisation and functioning.  

Parties cannot be formed on local or regional nature, cannot sponsor racism or tribalism, or advocate for violence means to achieve their ends.   

The Executive Government  

Presidential Palace, residence of the President of Guinea-Bissua. Photo by jbdodane from Flickr. CC BY 2.0. Source.
Presidential Duties  

The President is the Head of State, overlooking the executive power and representing the country abroad in diplomacy and foreign affairs. The President must also defend the country’s constitution. The President has the power to make addresses to the Nation or the National People’s Assembly. The President has the power to summon an extraordinary session of the National People’s Assembly when imperious public interest reasons justify it. The President also ratifies international treaties and agreements.  

The President can also appoint and dismiss the Prime Minister. Appointing the Prime Minister takes into the account the largest party or grouping in the National People’s Assembly, dismissal of the Prime Minister is based on whether the National People’s Assembly remains confident with the Prime Minister or not.  

The President presides over the Council of State, an advisory body that guides and gives advice on various actions taken by the President, executive power and the legislative power. Its members include the Prime Minister, the President of the Supreme Tribunal of Justice, a representative of every political party that has a seat in the National People’s Assembly, and five citizens assigned by the President for the duration of its term.  

The President confirms the appointments of justices, made by the Superior Council of Magistrates, to the Supreme Tribunal of Justice. The President accredits international ambassadors.  

It is the job of the President to enact laws, legal-decrees and other decrees as guided by the Constitution. The President has the power to pardon and commute sentences. Can declare war or make peace as guided by the constitution.  

The President can also, under extraordinary circumstances guided by the constitution, declare martial law or a state of emergency to the effect of limiting certain rights and freedoms and giving extra powers to authorities, to bring a situation such as external or internal threats or natural disasters under control.  

The President can choose to dissolve the National People’s Assembly for fresh elections due to grave political crises, after consultation with the President of the National People’s Assembly and the present political parties. The Assembly cannot be dissolved until 12-months has passed from the start of its term, or if there is six-months of a presidential mandate left, it also cannot be dissolved during martial law or state of emergency.  

The President promulgates legislation passed by the National People’s Assembly but can choose to veto it if he disagrees with parts of the bill or the whole of the bill and then send it back to the parliament, the parliament can override a veto by an affirmative vote of at least two-thirds of members, meaning the President will have to promulgate it.  

Presidential Absence  

If the President is absent abroad or has a temporary impediment then the President of the National People’s Assembly will become substitute leader until the President returns. The President of the National People’s Assembly will assume the functions of the presidency if the President dies or is definitively impaired, until a new President is elected.  

The interim president is limited on certain powers, such as being unable to appoint or dismiss the Prime Minister; unable to appoint and dismiss members of Cabinet; unable to preside over the Council of Ministers; unable to confirm Justices to the Supreme Tribunal of Justice; unable to appoint or dismiss the Chief of Staff of the Armed Forces; unable to enact laws, legal-decrees and other decrees; unable to impose martial law or declare a state of emergency; unable to grant honorific titles and state awards. Can also not dissolve the National People’s Assembly, cannot dismiss the Government and cannot enact or veto legislation.  

Presidential Removal  

As we have seen the country has been pretty good at removing their president, although it has never been done by the correct constitutional functions.  

The correct way of removing the president can only be carried out if there is belief and/or evidence that the President has committed crimes in office that has involved using presidential powers, which can include breaking the constitution. The process begins with needing at least one-third of members to propose such an action and then it must be adopted by at least two-thirds of members, which will then require the General-Attorney of the Republic to promote the prosecution to the Supreme Tribunal of Justice who shall decide on conviction, if the President is convicted, they will be removed from office and barred from running for the presidency again.  

Prime Minister and Government  

The Prime Minister is the Head of Government, appointed by the President after the results of parliamentary elections. The Prime Minister advises the President on who to appoint and dismiss as/from cabinet positions. The Prime Minister also advises on the dissolution and creation of ministries and secretariats of state.  

It is important for the Prime Minister and the members of Government to maintain confidence of the National People’s Assembly to remain in power.  

The Prime Minister and Government implements the general policies of the country in accordance with its Governmental Program, which is approved by the Assembly. The Prime Minister coordinates Government and executes laws. The Prime Minister must inform the President on all issues regarding internal and external politics.  

The Council of Ministers, the highest decision-making body of the executive government, is headed by the Prime Minister and presided over by the President, when appropriate, otherwise it is presided over by the Prime Minister.  

The Government advises the President on appointment and dismissal from positions including the Chief of Staff of the Armed Forces; the General-Attorney of the Republic; and Ambassadors.  

Other jobs of the Government include guiding the Public Administration, coordinating and controlling activities of the Ministries and other Bodies of Central and Local governments; organizing and directing political, economic, cultural, scientific, social, defense and security activities in accordance with the Governmental Plan; to prepare the General State Budget and National Development Plan, approved by the National People’s Assembly, and then executed by the Government; legislate via means of Legal-decrees, and decrees over matters that concern government organization and functioning, including on matters not reserved to the Assembly; approve and submit government bills to the National People’s Assembly; negotiate and conclude international treaties and agreements; and nominate and propose nominations to civil and military positions.  

The Legislative Government  

Meeting place of the National People’s Assembly. Photo by Colleen Taugher from Flickr. CC BY 2.0. Source.

The National People’s Assembly, also called the National Popular Assembly, is the unicameral chamber that makes up the legislative government. The main job of it as with all is to have legislation introduced to it, to debate and possibly amend such legislation and either pass or reject it. The National People’s Assembly also oversees the actions of the executive government and scrutinizes them. The National People’s Assembly currently has 102 members. The Government and members of the Assembly can introduce legislation.  

The Government has the right to issue a legal-decree to get authorization to legislate on certain matters exclusive to the National People’s Assembly.  

Members of the National People’s Assembly have the right to present enquiries to the Government, either orally or in writing, and must be answered within the session or by a delay of 15-days, if further investigation is needed.  

The Assembly can expel members who are in breach of their duties. Members who become a Government member must vacate their seat during that time.  

After parliamentary elections at the first session of the legislative term, the members of the National People’s Assembly will elect the President of the National People’s Assembly and its Board, which includes a first and second Vice-President and a first and second secretary. It is the job of the President of the Assembly to maintain orderly debate and conduct and to also enforce Assembly bylaws, these bylaws, which are made by the Assembly itself, determine the function of the Assembly’s Board.  

Other Duties 

The National People’s Assembly also has various other duties that include reviewing the constitutionality of matters as guided by the constition; decide on popular referendums; approve the governmental program; votes of confidence and censorship votes against the Government; approval of General State Budget and National Development Plan; approve certain treaties, such as those that involve participation of the nation in international organisations, friendship treaties, peace treaties, defense treaties, treaties of frontier rectification, and any other treaties the government deems appropriate to submit for its review; authorizes the President to declare war or make peace; grant government legislative authority; ratify decrees approved by the Government through delegated legislative powers; review State’s budget for each business year; grant amnesty; and government oversight.  

A confidence vote is triggered by the Prime Minister, after consultation with the Council of Ministers, while a censorship vote against the government is brought about by at least one-third of members, the failure to achieve confidence or the approval of a censorship motion by an absolute majority will lead to the dismantling of Government.  

Topical committees can be created as well as the establishment of temporary committees to deal with specific topics.  

Extraordinary sessions can be called by either the President of the Republic, members of the Assembly, the Government or the Assembly’s Standing Committee (the committee that operates and represents the Assembly outside of its sessions).  

The Electoral System  

Photo by Golbez from Wikimedia. CC BY-SA 2.5. Source.

Presidential elections are meant to happen every 5-years although have often been called early or later due to political turmoil. The president is elected via a two-round system where a candidate requires an absolute majority of votes in the 1st round to win outright otherwise a 2nd round is held between the top two candidate which is won by simple majority.  

The President cannot serve three consecutive mandates, nor during the five year’s following a 2nd mandate. If the President has resigned from office that individual must wait 5-year’s before running again in a presidential election.  

To be a candidate for president one must be a voting citizen of Guinean origin and children and parents of Guinean origin. The candidate must be over 35-years-old and in full possession of their civil and political rights.  

Parliamentary elections are held every 4-years to elect the 102 members of the National People’s Assembly. 100 of the members are elected from multi-seat electoral districts using a closed party-list proportional representation system when parties who reach a certain threshold of the vote in a district are guaranteed seats. Another two-members are elected from single-seat constituencies from citizens living abroad, one for Africa and one for Europe, elected by first-past-the-post system.  

Sources  

The sources for this post come from Guinea-Bissau’s 1984 constitution with amendments through to 1996 (constituteproject.org) and so should be as up to date as possible but of course there is a chance I missed some things and that I misinterpreted other things and the constitution can be amended and so this post may eventually become outdated, so it is important to cross-research if using this in a serious capacity.  

Amendments to the constitution can be proposed either by at least one-third of members of the National People’s Assembly, by the Council of State or by the Government. Passage requires at least a two-thirds majority in the Assembly. Articles on republican and secular form of government and national sovereignty cannot be amended.  


Next up will be the government system of Guyana!

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