Guinea-Bissau is a country in Africa, bordering Senegal and Guinea. The population of this country is approx 20,26,000 with 36,125 square kilometers area. The official language is Portuguese, and many languages are spoken in civil life. Ethnicitically no one is the majority. In terms of religion, 46% are Muslims, 30% follow traditional religious beliefs, and 19% are Christians.
According to Guinea-Bissau's constitution, the state owns the main sources of energy. Eradication of illiteracy is the basic goal of the state. Both husband and wife have equal rights, with equal responsibilities for child rearing and education. Any worker or employee may be dismissed only for reasons prescribed by law; Not for political or ideological reasons.
These are positive aspects. Now let's discuss the negative aspects.
According to the constitution, an institution called "Council of State" is effective, whose functions and powers are in many respects conflicting with those of the Legislature. The power to remove any member of the legislature is a threat to the spirit of democracy.
Admirable Articles of Guinea-Bissau's Constitution
Article 12 (Part of it)
2. The State has ownership over the soil, the underground, mineral goods, the main energy sources, the forest wealth and social infrastructure.
Article 16 (Part of it)
2. The State considers the eradication of illiteracy a fundamental task.
Article 24
All citizens are equal before the law, enjoy the same rights and are subjected to the same duties, without distinction of race, sex, social status, social, intellectual or cultural level, religious belief or philosophical conviction.
Article 26 (Part of it)
3. Spouses have equal rights and duties in terms of civil and political capacities, as well as the maintenance and education of the children.
Article 37 (Part of it)
4. Criminal responsibility is personal and cannot be passed on.
Article 41 (Part of it)
1. No person may be found criminally liable if not for a violation of a previously established law that declares the action or omission as punishable, nor suffer security measures whose preconditions were not the subject of a previously established law.
2. No punishment or security measures will be applied if not expressly defined in a previously established law.
3. No person may be subject to punishments or security measures more severe than those in force during the time of the conduct or verification of the respective preconditions.
4. No person will be tried more than once for a given crime.
Article 46 (Part of it)
1. Workers have a right to protection, security and hygiene at work.
2. The worker can only be dismissed in the cases and terms established by law; dismissal for political or ideological motives is prohibited.
Article 52
1. Freedom of conscience and of religion is inviolable.
2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution.
3. The freedom to teach any religion under its denomination is guaranteed.
Article 54
1. Citizens have the right to peaceful assembly in all spaces open to the public, in accordance with the law.
2. All citizens have the right to demonstrate, in accordance with the law.
Article 55
1. Citizens have the right to, freely and without requiring any specific authorization, start associations, as long as they are not promoting violence and their objectives are not contrary to the law.
2. Associations conduct their affairs freely without interference of public authorities and cannot be dissolved by the State or have their activities suspended except in the cases provided for by the law and as a result of judicial decision.
3. Armed, military, militarized and paramilitary associations are not allowed, nor organizations that promote racism or tribalism.
Article 100
1. In the performance of its functions, the Government is competent to:
a. Guide the Public Administration, coordinate and control the activities of Ministries and other bodies of the Central Administration and Local governments;
b. Organize and direct the performance of political, economic, cultural, scientific, social, defense and security activities, in accordance with its Program;
c. Prepare the National Development Plan and the General Budget of the State, and execute it;
h. All other matters assigned to it by law.
Facts of Guinea-Bissau's Constitution
Article 70
The President of the Republic may enact presidential decrees while performing his duties.
Section III. The Council of State
Article 73
The Council of State is the political body of consultation for the President of the Republic.
Article 74
1. The Council of State is presided over by the President of the Republic and composed of the following members:
a. the President of the National Assembly;
b. the Prime Minister;
c. the President of the Supreme Tribunal of Justice;
d. a representative of every political party with a seat in the National Popular Assembly;
e. five citizens assigned by the President for the duration of its term.
2. The representative mentioned in aforementioned item (d) will be chosen by vote between the members of the National Popular Assembly.
3. The members of the Council of State will be confirmed by the President of the Republic.
Article 75
The Council of State is responsible for:
a. Issuing a statement on the dissolution of the National Popular Assembly;
b. Issuing a statement on the imposition of a martial law or declaration of state of emergency;
c. Issuing a statement on a declaration of war and the establishment of peace;
d. Advising the President of the Republic while on duty, when so requested.
Article 83
1. Law will establish all Congressmen’s rights and benefits, as well as their powers and duties.
2. The Congressman that is in serious breach of its duties may be expelled by the National Popular Assembly.
