The Republic of Guinea Bissau
Background
Guinea-Bissau has signed, but not ratified, all of the protocols relating to the establishment of a continental court, including the African Court on Human and Peoples’ Rights, the African Court of Justice, and the African Court of Justice and Human Rights. However, at the sub-regional level, Guinea-Bissau is a member of the Economic Community of West African States (ECOWAS), as well as a member of the ECOWAS Community Court of Justice. Guinea-Bissau is not a member of the International Criminal Court.
Treaty ratification Process
The Constitution of Guinea-Bissau (arts. 68, 85 & 100) distributes the powers to negotiate, sign and ratify international instruments between the Government, the President, and the National People’s Assembly. This division of authority is explained, in part, by the semi-presidential nature of the Guinea-Bissau’s political system. The power to negotiate and conclude international agreements and conventions is vested broadly in the Government. However, the National People’s Assembly must approve treaties involving, inter alia, Guinea-Bissau’s participation in international organizations, which would presumably apply to the Malabo Protocol, as well as other treaties which the Government chooses to submit to it. Ultimately, the authority to ratify treaties is vested in the President. Guinea-Bissau’s constitutional framework on treaty ratification has been criticized as inadequately clear and has, in the past, resulted in disputes between the President and the Prime Minister. The Constitution is silent on the process of domestication of international law and the effects of international norms on the domestic legal order, as well as the hierarchy of international law vis à vis domestic law.
State of legislation on International and transnational crimes
Guinea-Bissau has not yet enacted a comprehensive legislation on international crimes. However, the 1993 Penal Code criminalizes some international crimes, including genocide, terrorism, and incitement to war, the latter of which appears to be similar to the international crime of aggression.
Human Rights treaty signing and ratification trends
Guinea-Bissau has signed and ratified most of the substantive and crime-related African Union human rights treaties but has only signed (i.e., not ratified) those related to the establishment of judicial bodies. The average time between the signing and the ratification of AU treaties is 55 months.[1] At the UN level, Guinea-Bissau is a party to most of the core human rights treaties and crime-based. The average time between the signing and the ratification is of 61 months.[2]
AU Judicial bodies membership
[1] See Annex: Treaty signing and ratification trends, calculation chart, Guinea Bissau.
[2] See Annex: Treaty signing and ratification trends, calculation chart, Guinea Bissau.