Guinea-Bissau

Summary of Domestic Prohibition

Slavery and slave trade

Provisions related to slavery are found in the Penal Code at article 106 which criminalises slavery.

Practices similar to slavery and servitude

There appears to be no legislation in place in Guinea-Bissau which prohibits institutions and practices similar to slavery, although practices similar to slavery and forced marriage may form elements of the offence of human trafficking under the 2011 Law to Prevent and Combat Human Trafficking. Illicit adoption is also criminalised under article 6.

Servitude

There appears to be no legislation in place in Guinea-Bissau which prohibits servitude, although servitude may form an element of the offence of human trafficking under the 2011 Law to Prevent and Combat Human Trafficking.

Forced or compulsory labour

There appears to be no legislation in place in Guinea-Bissau which prohibits forced labour.

Human trafficking

Provisions related to trafficking in persons are found in the 2011 Law to Prevent and Combat Human Trafficking which criminalises trafficking at article 4.

Forced marriage

Provisions related to forced marriage in Guinea-Bissau are found in the 1984 Civil Code, which addresses marriages entered into without genuine consent or with consent compromised by error or coercion at Article 1631. Article 1635 also addresses marriages concluded due to accidental incapacity, error regarding the physical identity of the other spouse, or cases where the declaration of marriage was obtained through physical coercion. Article 1638 addresses marriages celebrated under moral coercion or illicit threats.

Consent to marriage
Servile marriage

There appears to be no legislation in Guinea-Bissau that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in Guinea-Bissau are found in the LAW 12/2011 LAW TO PREVENT AND COMBAT HUMAN TRAFFICKING 2011, which prohibits trafficking for slavery or similar practices at Articles 2 and 4, with a potential penalty of imprisonment from 3 to 15 years.

Minimum age for marriage

The minimum age for marriage in Guinea Bissau is 18, without differentiation by gender. However, marriages below this age may be permitted with the relevant consent. These exceptions are not differentiated by gender, and allow marriages as early as 16. Where marriages are conducted involving a female below the 14 and a male below 16, the marriage is affected by absolute direct impediment, as set out on Article 1601 of the 1984 Civil Code.

Region

Africa

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
01 November 2010
1930 Forced Labour Convention
21 February 1977
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
21 February 1977
1999 Worst Forms of Child Labour Convention
26 August 2008
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
10 September 2007
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
Not Party
1966 ICCPR
01 November 2010
1966 Optional Protocol to the ICCPR
24 September 2013
1966 ICESCR
02 July 1992
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
20 August 1990
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
01 November 2010
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
23 August 1985
1999 Optional Protocol to CEDAW
05 August 2009
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
10 September 2007
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
26 August 2008

International Obligations

  • Slavery
  • Servitude
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • African Union
  • Organisation of Islamic Cooperation
  • ECOWAS

Legislative Provisions

CONSTITUTION OF THE REPUBLIC OF GUINEA-BISSAU ADOPTED IN 1984 (REV. 1991)

Article 11

  1. The economic and social organization of the Republic of Guinea-Bissau shall promote its principles of a free market, the subordination of economic power to political power, and the co-existence of public, cooperative, and private property.
  2. The goal of the economic and social organization of the Republic of Guinea-Bissau shall be to continually promote the people’s welfare and to eliminate all forms of submission of human beings to harmful interests which profit individuals, groups, or classes.

Article 29

  1. The exercise of fundamental rights, liberties, and guarantees may only be suspended or limited in the case of martial law or of a state of emergency that is declared according to terms of law.
  2. Laws of a general or abstract nature which restrict rights, liberties, or guarantees must be limited to those necessary to safeguard other constitutionally-protected rights or interests; they may neither be retroactive nor neither diminish or essentially damage rights.

Article 36

  1. Work shall be the right and duty of each citizen.
  2. The State shall gradually create conditions for the full employment of citizens able to work.
  3. The State shall recognize and guarantee to each citizen the right to be trained in his profession or generally for work, in accordance with the needs and fundamental imperatives of the National Reconstruction.
  4. All workers shall have the right to remuneration for their work, depending on the quantity, quality, and the nature of their work, observing the principle of equal pay for equal work, so as to guarantee a dignified living.

Article 37

  1. Workers shall have the right to protection, safety, and hygiene at work.
  2. Workers may only be fired according to terms provided for by law.

3. The State shall gradually create a system able to guarantee each worker social security in his old age and in case of illness or becoming incapacitated from working.

Constitution of the Republic of Guinea-Bissau (PDF)

PENAL CODE

Article 106. Slavery

  1. Whoever, by any means, places another human being in the situation of a slave, avails himself of it in this condition, maintains the said situation, or gives or receives such a person is punished with imprisonment for five to eight years.

serve it in this condition or to maintain that the situation of another person give or receive and punishable with prison from five to fifteen years

  1. If the acts referred to in the previous number were practiced:

(A) as a means of facilitating the sexual exploitation or use of the victim, by the agent himself or by a third party;

(B) the victim being under sixteen years of age, or

(C) If the agent has the office that gives him public or religious authority before a group, region or whole of the country,

The agent and punished with imprisonment from five to twenty years.

Penal Code (PDF)

LAW 12/2011 LAW TO PREVENT AND COMBAT HUMAN TRAFFICKING 2011

Article 3 General definitions

(A) “trafficking in persons” means the trafficking of persons, the recruitment or reception of persons by means of threats, moral or physical coercion, kidnapping, fraud, deception, forced marriage, abuse of authority or taking advantage of The victim’s vulnerability or his or her physical or natural disability or psychic anomaly or the delivery or acceptance of payments or benefits to obtain the consent of the person having authority over the victim for the purpose of sexual exploitation, Forced marriage, extraction of human organs, labor, slavery or similar practices, as well as servitude.

(B) “Forced labor or slavery” For the purpose of forced labor or slavery, and obtaining work or services from or by means of seduction, violence, intimidation or threat, use of force, including deprivation of liberty, abuse of authority or deception.

Article 4. Human Trafficking

(1) Everyone who recruit, be supplied, transport, accommodate a person for prostitution purposes, forced labor, involuntary servitude slavery or servitude for debt and punished with the penalty of prison from 3 to 15 years.

(2) If, as a result of the facts referred to in the preceding paragraph, the victim is injured or killed, the agent is punished with a sentence of 15 to 20 years in prison.

Article 6. Adoption for illicit purposes

(1) Anyone who adopts or facilitates the adoption of persons for the purpose of involvement in prostitution, sexual exploitation and forced labor, slavery, involuntary servitude, shall be punished by imprisonment for 10 to 15 years.

(2) If, as a result of the acts referred to in the preceding paragraph, the victim is injured or killed, the perpetrator shall be punished by imprisonment for 15 to 20 years.

Law to Prevent and Combat Human Trafficking 2011 (PDF)

CHILD CODE 2009

Note: Article 20 prohibits all forms of child trafficking and prescribes penalties of three to 10 years’ imprisonment and the confiscation of any proceeds from the crime

GENERAL LABOR LAW

Article 146. Minimum age of admission to work

It is forbidden to employ minors under the age of fourteen.

General Labor Law (PDF)

CONSTITUTION OF THE REPUBLIC OF GUINEA-BISSAU ADOPTED IN 1984 (REV. 1991)  

Art 26

  1. The State recognizes the formation of the family and assures its protection.
  2. Children are equal before the law, independently of the civil status of the parents.
  3. Spouses have equal rights and duties in terms of civil and political capacities, as well as the maintenance and education of the children.

 

Guinea-Bissau Constitution 1984 (Revision 1991) – Constitute Project – English (PDF)

LAW 12/2011 LAW TO PREVENT AND COMBAT HUMAN TRAFFICKING 2011

Article 3 General definitions

(A) “trafficking in persons” means the trafficking of persons, the recruitment or reception of persons by means of threats, moral or physical coercion, kidnapping, fraud, deception, forced marriage, abuse of authority or taking advantage of The victim’s vulnerability or his or her physical or natural disability or psychic anomaly or the delivery or acceptance of payments or benefits to obtain the consent of the person having authority over the victim for the purpose of sexual exploitation, Forced marriage, extraction of human organs, labor, slavery or similar practices, as well as servitude.

(B) “Forced labor or slavery” For the purpose of forced labor or slavery, and obtaining work or services from or by means of seduction, violence, intimidation or threat, use of force, including deprivation of liberty, abuse of authority or deception.

Article 4. Human Trafficking

(1) Everyone who recruit, be supplied, transport, accommodate a person for prostitution purposes, forced labor, involuntary servitude slavery or servitude for debt and punished with the penalty of prison from 3 to 15 years.

(2) If, as a result of the facts referred to in the preceding paragraph, the victim is injured or killed, the agent is punished with a sentence of 15 to 20 years in prison.

Article 6. Adoption for illicit purposes

(1) Anyone who adopts or facilitates the adoption of persons for the purpose of involvement in prostitution, sexual exploitation and forced labor, slavery, involuntary servitude, shall be punished by imprisonment for 10 to 15 years.

(2) If, as a result of the acts referred to in the preceding paragraph, the victim is injured or killed, the perpetrator shall be punished by imprisonment for 15 to 20 years.

 

 

CIVIL CODE 1984

Article 1577 (Notion of marriage)

Marriage is the contract concluded between two people of different sex who they tend to legitimately constitute the family through a communion full of life.

The provision should be maintained by deleting only the word legitimately, due to the change introduced by Law No. 3/76 of 4 May, Official Bulletin No. 18

Article 1596 (Civil capacity)

Catholic marriage can only be celebrated by those who have the matrimonial capacity required by civil law.

Article 1597 (Preliminary procedure)

  1. The matrimonial ability of the spouses is proven through the process preliminary publication, organized in the civil registry offices at the request of the betrothed or the respective parish priest.
  2. The consent of the parent or guardian, regarding the minor child, can be given in the presence of two witnesses before the parish priest, who will raise a case report, signing it with all stakeholders.

Article 1601 (Absolute direct impediments)

These are direct impediments, preventing the marriage of the person to whom they respect with any other:

a) The age of less than sixteen or fourteen years, depending on the individual of the male or female;

b) Notorious dementia, even during lucid breaks, and the ban or disability due to psychic anomaly;

c) The previous undissolved marriage, Catholic or civil, even if the respective seat has not been drawn up in the marital status register.

a) By the principle of equality between men and women provided for in the CRGB, in conjunction with what is foreseen in articles 1 and 2 of Law no. 5/76, of 4 May, it should be considered that this paragraph limits the age nuptials at sixteen for both sexes.

B) (…)

c) Pursuant to Law No. 1/73, and the secular principle of the State enshrined in the CRGB, this subparagraph reads as follows: “the previous marriage has not been dissolved, even if the respective seat has not been drawn up in the marital status register.

Article 1612 (Opposition by parents or guardian)

  1. When you have not given your consent, either the parent or guardian of the minor marital partner can file opposition to marriage under the terms prescribed in the laws of the civil registry.
  2. Deducted the opposition, the marriage can only be celebrated if the court of minors judging it unjustified.

Article 1617 (Actuality of the mutual consensus)

The will of the spouses is only relevant when it is manifested in the act of wedding celebration.

Article 1618 (Acceptance of the effects of marriage)

  1. The desire to marry requires acceptance of all the legal effects of the marriage, without prejudice to the legitimate stipulations of the spouses in agreement prenuptial.
  2. The clauses by which the betrothed, in a convention, are considered unwritten prenuptial, at the time of the celebration of the marriage or in another act, intend to modify the effects of the marriage, or subject it to condition, term or preexistence of some fact.

Article 1619 (Personal character of the mutual consensus)

The will to marry is strictly personal in relation to each of the spouses.

Article 1624 (Causes justifying non-approval)

1. The marriage cannot be approved:

a) If the requirements required by law are not met, or if they have not been complied with the formalities prescribed for the celebration of urgent marriage and for the realization of the respective provisional registration;

b) If there are serious indications that these requirements are assumed or false, or formalities;

c) If there is any impediment, direct;

d) If the marriage has been considered as Catholic by the ecclesiastical authorities astics and, as such, to be transcribed.

2. If the marriage is not approved, the provisional seat will be canceled.

3. From the order that refuses approval, the spouses or their heirs can, as well as the Public Prosecutor’s Office, to appeal to the court in order to be declared marriage validity.

Article 1631 (Causes of annulment)

Marriage is voidable:

a) Contracted with any direct impediment;

b) Celebrated, on the part of one or both of the spouses, with a lack of will or with the will vitiated by error or coercion;

c) celebrated without the presence of witnesses required by law.

Article 1633 (Validation of marriage)

1. Annulment is considered to have been resolved and the marriage is valid from the moment of celebration, if before the final decision is rendered unappealable any of the following facts:

a) The marriage of a non-nubile minor is confirmed by the latter, before the official civil registry and two witnesses, after reaching the age of majority or being emancipated;

b) Confirm the marriage of the banned or disabled due to psychic anomaly by him, under the terms of the preceding paragraph, after lifting the interdiction or disability or, in the case of notorious dementia, after having the insane person check judicially their state of sanity;

c) The first wedding of the bigamus be declared null or annulled;

d) It is the absence of witnesses due to circumstances that are amenable, such as recognized by the Minister of Justice, as long as there are no doubts about the celebration of the act.

2. Article 287 (2) does not apply to marriage

Article 1634 (Presumption of will)

The declaration of will, in the act of celebration, constitutes a presumption not only that the spouses wanted to contract marriage, but that their will is not vitiated by mistake or coercion.

Article 1635 (Nullability due to unwillingness)

Marriage is voidable due to unwillingness:

a) When the spouse, at the time of the celebration, was not aware of the act who practiced, due to accidental incapacity or another cause;

b) When the spouse was in error about the physical identity of the other contractor;

c) When the declaration of will has been extorted by physical coercion;

d) When it has been simulated

Article 1638 (Moral coercion)

  1. Marriage celebrated under moral coercion is void, as long as it is serious the evil with which the spouse is illegally threatened, and the fear of his consummation
  2. The illicit threat is equated with the fact that someone, knowingly and illegally, extort from the spouse the declaration of the will by promising to free him from a fortuitous or caused by someone else.

Article 1640 (Annulment based on unwillingness)

  1. Cancellation by simulation may be required by persons harmed by the marriage, but not by spouses.
  2. In the remaining cases of unwillingness, the action for annulment can only be proposed by the spouse whose will was lacking; but their relatives, like in a straight line, heirs or adopters, if the author dies pending the cause.

Article 1641 (Annulment founded on vices of the will)

The action for annulment based on vices of the will can only be brought by the spouse who has been the victim of error or coercion; but their actions can continue relatives, legitimate kin in the straight line, heirs or adopters, if the author dies in the pending the cause.

Article 1642 (Annulment based on lack of witnesses)

The action for annulment for lack of witnesses can only be brought by the Ministry Public

Article 1644 (Annulment based on unwillingness)

The action for annulment due to the unwillingness of one or both spouses can only be established within the three years following the celebration of the marriage or, if the marriage was ignored by the applicant, within the six months following the date on which he knowledge.

Article 1645 (Annulment founded on vices of the will)

The action for annulment based on defects in the will lapsed, if not instituted within the six months following the cessation of the addiction

Article 1649 (Marriage of minors)

  1. The minor who marries without having asked for the consent of his parents or guardian, to do so, or without waiting for a favorable decision from the court in the case of opposition, to be considered minor as regards the administration of assets that he takes to the couple or that subsequently come to you by free title, until the age of majority or emancipation but from the income from those goods the necessary food will be arbitrated to your state.
  2. The assets taken away from the minor’s administration are administered by the parents, guardian or legal administrator, and in no case may they be handed over to the administration of the another spouse during the age of consort; moreover, they do not respond, nor before or after the dissolution of the marriage, for debts contracted by one or both spouses in the same period.
  1. The approval of the marriage by the parent or guardian ends the sanctions prescribed in background numbers