The legal system of Guinea
A French-tradition civil-law system under transitional government since the September 2021 coup, which suspended the 2020 constitution. A new constitution was adopted by referendum in 2025. OHADA commercial law applies, and the mining code is central to commercial practice given the bauxite and iron ore sectors.
Legal tradition
Guinea belongs to the civil law (french tradition) tradition. A French-tradition civil-law system under transitional government since the September 2021 coup, which suspended the 2020 constitution. A new constitution was adopted by referendum in 2025. OHADA commercial law applies, and the mining code is central to commercial practice given the bauxite and iron ore sectors.
How power is divided
Transitional arrangements have concentrated authority in the CNRD and an appointed government; the 2025 constitution provides for a presidential system with a legislature.
Where law comes from
- Constitution of 2025
- Adopted by referendum to succeed the transitional framework.
- Transitional charter and ordinances
- Governed the period from 2021.
- OHADA Uniform Acts
- Directly applicable commercial law.
- Codes
- Civil, penal (2016), criminal procedure, labour (2014) and mining (2011/2013) codes.
- Customary law
- Recognised in personal and land matters within statutory limits.
The legal profession
Avocats admitted through the Barreau de Guinée after a law degree and traineeship; notaires and huissiers are separate offices.
Law by topic in Guinea
- Constitutional Law2020 Constitution dissolved after the 2021 coup; a Charte de la Transition governsThe 2020 Constitution was dissolved following the September 2021 coup. A Charte de la Transition vests power in a transitional president and a Conseil National de la Transition. A new constitution has been drafted and put to referendum, so the applicable higher law is in flux.
- Family LawCode civil family provisions with polygamy prohibited but widely practisedThe Code civil sets marriage age at 18 and, since the 2019 Code civil revision, prohibits polygamy while recognising pre-existing polygamous unions. Customary and religious marriage remains the norm, and FGM is criminalised but highly prevalent.
- Criminal LawCode pénal 2016 abolishing the death penalty, with the 2009 stadium massacre trialLoi L/2016/059 abolished the death penalty for ordinary crimes. The landmark development is the trial, begun in 2022, of former junta figures for the 28 September 2009 stadium massacre — a rare domestic prosecution of senior officers for mass atrocity.
- Civil ProcedureCode de procédure civile with OHADA enforcement and CCJA appealProcedure follows the French model with appeal to the Cour d'appel and pourvoi to the Cour suprême, except on OHADA Uniform Act points where the CCJA is final. Enforcement uses the OHADA voies d'exécution.
- Property & LandCode foncier et domanial 1992 with state ownership and weak registrationOrdonnance O/92/019 vests unregistered land in the state and provides for titling, but registration coverage is very low. Mining concessions granted over customarily occupied land are the main source of high-value land conflict.
- Immigration & NationalityECOWAS free movement with a carte de séjour for othersECOWAS nationals enter visa-free for 90 days. Others require a visa and a carte de séjour for longer stays. Guinea hosts refugees from neighbouring conflicts and applies the 1969 OAU Convention's broader refugee definition.
- Employment & LabourCode du travail 2014 with a 40-hour week and mining-sector local contentLoi L/2014/072 sets a 40-hour week and regulates fixed-term contracts. The Mining Code layers local employment and training obligations on top, requiring progressive Guineanisation of skilled posts in mining operations.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan — not the national supreme court — is the final instance on their interpretation. Guinea acceded later than the founding members, and mining agreements — particularly for bauxite and the Simandou iron ore project — are governed by individual conventions ratified by the legislature.
- Tax LawCode général des impôts with 18% VAT and mining fiscal conventionsVAT is 18% and corporate tax is 25%, but the largest taxpayers operate under mining conventions with negotiated rates, exemptions and stabilisation clauses. Guinea is outside WAEMU and keeps its own currency, the Guinean franc.
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