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Guinea-Bissau - Government

The state in this country is not just weak, it is essentially vacuous, an empty shell. As Chabal and Daloz formulate matters: no more than a dcor, a pseudo-Western faade masking the realities of deeply personalized political relations. Henrik Vigh described the state in Guinea-Bissau as a rusty grid, cross-cut and intertwined by patrimonial networks, claiming that within the Weberian and Hobbesian definition of state, the state is effectively non-existent in Guinea-Bissau.

The state in Guinea-Bissau is a legal fiction, devoid of sovereignty or political and moral authority, shored up by external economic help and international regulations and agreements.

The crisis after 2014 has a devastating impact on state institutions, partly because of the inadequacy and vagueness of the constitutional provisions governing the semi-presidential system in Guinea-Bissau. This highlighted the need to implement reforms that had been scheduled for several years, including a revision of the constitution and the electoral framework. There is broad consensus on the need to clarify important parts of the constitution, including the organisation and functioning of political power, as well as the relationship between the various powers.

At the heart of Guinea-Bissaus instability is its winner-take-all political system. To break its cycle of violence and instability, Guinea-Bissau will need to institute stronger checks and balances in order to diminish the concentration of authority in the Office of the President. This includes codifying the role of other branches of government in authorizing public expenditures and government appointments, among other responsibilities.

On September 23, 1973, in the area then free of Bo, the inaugural session of the National People's Assembly was held. Just twenty-four hours later, on September 24, 1973, the independence of the sovereign state of Guinea-Bissau was proclaimed, its basic law was approved (1st Constitution of the Republic) and the first executive was created (the Council of State Commissioners).

In the 1973 Constitution, the legislative power was exercised by the National Assembly based on the guidelines defined by the single party, the PAIGC, and may delegate legislative powers to the Council of State, the Council of State Commissioners and the Regional Councilors, for Time and concrete matters and reserving the right to ratify or annul the acts practiced. The Constitution of 1973 enshrined indirect suffrage, that is, the Regional Councilors are elected, they elect the Deputies, these elect the Council of State, which in turn elects the President of the Council of State. The President of the Council of State did not have the power to dissolve Parliament and it was incumbent on him to promulgate the laws.

In accordance with the revision rules contained in articles 57 and 58 of the 1973 Constitution, a comprehensive reform of the Constitution was completed in 1980, culminating in a revision process begun in 1976. The new Constitution would be approved by the National People's Congress on November 10, 1980, and by virtue of the provisions of the Constitutional Transition Law approved on the same day, the Constitution was to enter into force on January 1, 1981.

However, neither new Constitution would enter into force on the date provided, nor even be published in the Official Gazette. The outbreak of the "Resetting Movement" of November 14, 1980, a coup d'tat that introduced significant changes to the constitutional system, essentially tainted the chapter on the political organization of power and prevented the entry into force of the Constitution of November 10, 1980, as well as Accompanying standards.

Despite some progress made since the early 1990s, the Justice sector also continues to face mounting challenges related to the need to: maintain the principle of separation of powers; promote and administrative and institutional reforms; provide statutes for notaries and registrars; ensure financial autonomy for courts and notarial services; provide suitable premises for the proper working of the courts; restore public prestige and esteem for magistrates, notaries and registrars; reform basic legislation, including the Code of Criminal Procedure, Criminal Code, Code of Judicial Costs, Code of Labour Procedure, and Notarial Code; reduce the charges for judicial services; institute Constitutional and Administrative tribunals; build prisons offering minimum conditions for detention and custody; and empower Family and Juvenile courts.

The Constitution of 1984, although born on the basis of a process of major disruption, eventually became part of the continuity of the Constitution of 1973. In fact, as it turned out, the 1984 Constitution almost reproduced the text of the failed Constitution of 1980. The Constitution consecrates indirect suffrage, that is, the Regional Councilors are elected, they elect the Deputies, these are the members of the Council of State and, among the elected members of the Council of State, the National People's Assembly elects the President of the Council of state.

The Legislative Power was exercised by the National People's Assembly on the basis of the guidelines defined by the Single Party, the PAIGC being able to delegate legislative powers to the Council of State, the Council of State Commissioners and the Regional Councilors for a specific time and in concrete matters, whose acts later Should be ratified by the National People's Congress. Elected by the National People's Congress, the President of the Council of State did not have the power to dissolve the Parliament.

Although the current 1996 Constitution of Guinea-Bissau is formally adopted as the 1984 Constitution revised on four occasions (1991, 1993, 1995 and 1996), it can be said that, in fact, the 1996 charter constitutes a new constitution. Multipartism was instituted and the mixed parliamentary and presidential system was adopted as the model of political organization of the state. Both the President of the Republic and the deputies of the National People's Congress are elected by universal suffrage, direct and secret, that is, by voting of all legally allowed citizens, individually and secretly, with the candidacies reserved for Political Parties. The National People's Assembly came to have vast powers and powers in both political and legislative matters.

The Government of Guinea-Bissau has long recognized that the current public administration is weak and needs reforming. The lack of public-sector reforms has hindered the Governments ability to deliver basic social services, while the relatively huge size of the public service has created difficulties in paying the wage bill and fostered corruption. The delay in paying salaries to civil servants has been the root cause of numerous strikes and has contributed to political instability. At the same time, the failure to deliver basic social services has created disillusionment among the population in their Governments capacity to provide for their most basic needs. Overall, improving economic governance, including combating corruption, will be vital to enhanced public service delivery.

It was envisaged that the reform of the public sector would focus on three main issues: improving the professional competence of the public sector through training; modernizing public sector practices; and strengthening public financial management. In pursuance of the latter, the Government adopted in May 2007 a minimum programme for the restoration of fiscal stability with the aim of improving revenue collection, disciplining expenditure execution, and enhancing the level of cash flow to address salary arrears. Those measures led to a strengthening of relations with the international financial institutions.

Guinea-Bissau is divided into eight administrative regions in addition to the autonomous district of Bissau. The regions are subdivided into districts that are administered by District Administrators. In total, there are 37 districts. The country is divided into 8 (eight) regions and one (1) autonomous sector, namely the Bafat, Biombo, Bolama / Bijags, Cacheu, Gab, Oio, Qunara, Tombali and Bissau Autonomous Regions. capital. The regions are in turn divided into sectors (36 in total) and these in sections, composed of tabancas (villages). The regions and sectors are headed by State Committees, headed by a President. Regional and sectoral administrations have scarce resources to finance them, especially materials and human resources.

With the proclamation of Independence and the entrance of the PAIGC in the city of Bissau, the Popular National Assembly began to function next to the Palace of the Republic and the plenary sessions were held in the Hall III Congress. After the collapse of this hall, the plenary sessions were held in the Bissalanca Area Base Salon or the "Amilcar Cabral" Salon of the PAIGC Central Committee Secretariat.

In 1987 the National People's Assembly was able to operate in an autonomous building, formerly occupied by the State Fisheries Secretariat, in the National Heroes Square, currently the headquarters of the mobile operator ORANGE. With the political opening and the realization in 1994 of the first Multiparty Elections in the history of the Republic of Guinea-Bissau, the Multiparty Assembly emerged which required another dynamic structure. Thus, in January 1995, the National People's Assembly was transferred to a new building owned by CRUZ VERMELHA of Guinea-Bissau and from that date, plenary meetings were held at the Hotel Bissau-Hotel.

On June 2, 1998, the first Headquarters of the National People's Assembly "COLINAS DE BO" was inaugurated in the industrial area of ??Br, built at the root of TAIWAN financing. However, the conflict of June 7 would shortly afterwards partially destroy the building. In 2000, again, the Guinean Government entered into negotiations this time with the Republic of China, in order to build a new Palace. Thus, within the Sino-Guinean cooperation, the current seat of the National People's Assembly inaugurated on March 23, 2005.

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