The legal system of Guinea-Bissau
An unusual hybrid: Portuguese-tradition civil law inherited from colonial rule, combined with membership of the francophone OHADA and UEMOA systems, so commercial law is governed by French-language Uniform Acts while the civil and penal codes follow Portuguese models. Repeated coups have left institutions fragile.
Legal tradition
Guinea-Bissau belongs to the civil law (portuguese tradition) tradition. An unusual hybrid: Portuguese-tradition civil law inherited from colonial rule, combined with membership of the francophone OHADA and UEMOA systems, so commercial law is governed by French-language Uniform Acts while the civil and penal codes follow Portuguese models. Repeated coups have left institutions fragile.
How power is divided
Semi-presidential with a directly elected President, a Prime Minister accountable to the National People's Assembly, and a judiciary headed by the Supreme Court of Justice.
Where law comes from
- Constitution
- 1984 text as amended.
- OHADA Uniform Acts
- Directly applicable commercial law despite the Portuguese civil tradition.
- Codes
- Civil and penal codes on the Portuguese model.
- Laws and decree-laws
- Assembly statutes and government instruments.
- Customary law
- Widely applied in practice in rural personal and land matters.
The legal profession
Advogados admitted through the Ordem dos Advogados da Guiné-Bissau; the profession is small and concentrated in Bissau.
Law by topic in Guinea-Bissau
- 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-Bissau is the only lusophone OHADA member, so its commercial law is the French-language Uniform Acts while its general civil law descends from the Portuguese Código Civil — a bijural combination unique in the union.
- Civil ProcedurePortuguese-derived civil procedure with OHADA enforcement and CCJA appealCivil procedure follows the Portuguese Código de Processo Civil, while debt recovery and enforcement against assets are governed by the OHADA Uniform Act. Final appeal on Uniform Act points lies to the CCJA in Abidjan.
- Tax LawWAEMU-harmonised taxation with cashew export levies as the main revenue sourceGuinea-Bissau uses the CFA franc and follows WAEMU harmonisation, with VAT introduced to replace the earlier general sales tax. Cashew export taxation dominates revenue, and collection capacity is weak.
- Family LawPortuguese-derived civil code family law with recognised customary practiceFamily law derives from the Portuguese Código Civil, providing for civil marriage and monogamy. In practice Islamic and customary marriage predominate, and the 2011 statute criminalising FGM is a significant reform enforced unevenly.
- Property & LandLei da Terra 1998 vesting land in the state with customary use rightsLei n° 5/98 vests all land in the state and grants private use rights (direito de uso privativo) rather than ownership. Customary tenure is recognised for rural communities, and concessions for cashew and mineral development are granted over community land.
- Employment & LabourLei Geral do Trabalho 1986 with a 45-hour weekThe Lei Geral do Trabalho of 1986 remains the framework statute, setting a 45-hour week and providing for written contracts. Enforcement capacity is very limited and most employment is informal, concentrated in cashew production.
- Immigration & NationalityECOWAS free movement with limited administrative capacityAs an ECOWAS member Guinea-Bissau admits community nationals visa-free for 90 days. Others require a visa. Border control capacity is limited, and the country is both an origin and transit state for regional migration.
- Criminal LawCódigo Penal 1993 with narcotics trafficking as the dominant enforcement problemThe 1993 Código Penal, Portuguese in structure, governs. The death penalty is abolished. Guinea-Bissau's criminal justice profile is defined by its role as a transit point for South American cocaine, with prosecutions of senior officials rare.
- Constitutional Law1984 Constitution with chronic instability and repeated dissolution of parliamentThe Constitution of 1984, substantially revised in 1993 and 1996, establishes a semi-presidential republic. Guinea-Bissau has experienced repeated coups and attempted coups, and parliament has been dissolved and reconstituted several times, so constitutional practice diverges markedly from the text.
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