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MINISTRY OF JUSTICE GUINEA-BISSAU

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The National Policy for the Justice Sector 2010-2015 was approved by the Council of Ministers

in January 2011.

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

INDEX

1.INTRODUCTION 4

2. DOCUMENT CONTEXT AND INTERPRETATION 6

3. DIAGNOSTIC OF SITUATION IN THE JUSTICE SECTOR 9

4. POLICY FOR THE JUSTICE SECTOR 10

4.1 MISSION 11

4.2 VISION 11

4.3 VALUES 11

4.4 CONSTRAINTS TO OVERCOME 11

4.5 INTERNAL CAPACITIES OF RESPONSE AND PRE-

CONDITIONS

11

5. STRATEGIES TO SOLVE PROBLEMS 12

INFRASTRUCTURE STRATEGY 14

LEGISLATIVE REFORM STRATEGY 26

PROFESSIONAL TRAINING AND CAPACITY BUILDING

STRATEGY

34

ACCESS TO JUSTICE AND CITIZENS RIGHTS STRATEGY 38

NATIONAL POLICY FOR THE JUSTICE SECTOR

4

1. INTRODUCTION

PREFACE

A nation’s peace and economic prosperity fundamentally lie upon the broader effective

concept of Justice. There can be no peace, and thus economic and social development,

without the fair distribution of wealth, the country's potential, the possibilities of

access with equal opportunities and the equitable provision of State benefits to

citizens at large. In any nation, if citizens do not share the belief that they live in a just society,

there may be some economic development, but there will never be real peace.

The improvement of social indicators contributes to consolidate peace. And the Justice Sector

has an important role in the development of society, in improving economic and social indices

and in consolidating peace. Turning to the Judicial Power represents an opportunity for all

citizens, symbolizing the last valid alternative in a Democratic State, in order to have their

constitutional rights guaranteed and to settle their conflicts. It is through the Courts that

citizens have the opportunity to correct the administrative acts that are harmful to the Treasury

or that violate the laws in force. Moreover, it is through the Courts (formal or traditional) that

individuals should settle their differences, when other forms of extra-judicial settlement of

conflicts are not able to reconcile such differences.

A more effective procedure of justice contributes considerably to the country’s development and

to the pacification of society. All efforts must be committed so that society can have trust in the

Justice Sector. However, as is known, for society to believe in justice, it is not enough for justice

to be serious, but it also needs to appear more serious. In the case of justice, essence and

appearance go hand in hand: one without the other undermines the trust in the system.

The Judiciary also has the opportunity to settle the existing institutional crises that may appear

from time to time in any given country. One of the differences between juridically consolidated

States and States that live in constant legal and political instability is the trust in the Judiciary

to resolve disagreements and have their decisions respected.

Thus, the Judiciary has the assignment to restore and reaffirm the Rule of Law, applying to this

case the constitutional provisions and the legislation in force, settling conflicts based on the law

and without political or economic influence.

Once these these concepts are consolidated, there will be the necessary legal assuredness to

attract foreign and domestic investments, enabling the community’s improved economic and

social development. Moreover, one cannot overlook that the good functioning of justice is

essential to the lives of ordinary people, given that processing delays and failures in the justice

system are especially cruel to the most economically needy citizens.

Therefore, much work has to be done to improve the sector. After five years, the period of this

document, the work should not be considered executed in full, but merely the completion of the

first step toward making the Guinean justice closest to the ideals embodied in the Constitution.

In five years, it is known beforehand that the Guinean Justice will still have much to do, but we

believe that Justice will be at a higher level than it is at present. Once this progress is achieved,

the first mission will have been accomplished.

METODOLOGY The National Policy for the Justice Sector was formulated with the goal of improving the

planning and operation of Justice in Guinea-Bissau, contributing to the social development and

expanding access to the people and their rights.

The attempt to bring the government closer to society, from its conception to its execution, is a

visible mark on the Policies of the Justice Sector, changing the paradigm and the image of

Justice. Thus, the goal is that society contributes to define the strategic options, the best actions

to take in order to implement the policy, as well as to set the priorities that best serve the public

interest.

By achieving a greater participation of society in the preparation, review and implementation of

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

the Policy for the Justice Sector, it will also spread the basic concepts of Democratic Rule of

Law, as for instance that differences should be settled through the proper mechanisms (formal

or informal, but legal) and with the full respect for the law already instituted.

Therefore, in the drafting of the Policy for the Justice Sector, it was decided to seek the

participatory consensus to define the priorities and its main activities, however, not

disregarding the technical and financial resources necessary for its effective implementation

and in accordance with internationally accepted standards.

The design of the Policy framework for the Justice Sector began by studying the legislation in

force, its virtues and defects, as well as the legislative omissions. Obviously, at this stage, the

analysis of the Constitution of the Republic of Guinea-Bissau was emphasized, aiming to

recreate in the Policy its program guidelines.

It was also necessary to take into consideration the country’s current situation, specifically in

relation to the functioning of the Courts, Prosecuting Counsel, Judiciary Police and Advocacy.

Thus, the focus was divided between the physical facilities of each institution, including the

facilities for their operation and the actual actions of the members of each of these.

Difficulties were encountered in all institutions, not only by criticisms made by the other

institutions but also by self-criticism. Identifying the problems in each of the institutions of the

justice sector was not to point out those responsible for its current State, but to plan strategies

to improve the current system and overcome the existing problems.

Thus, with the information on the legislative, structural and functioning situation of Justice in

Guinea-Bissau, meetings were held with the representatives of the major institutions that

operate in the area of justice, namely: the President of the Supreme Court, the Attorney

General, the Chairman of the Bar Association of Guinea-Bissau, the Director of the Judicial

Police, the Ministry of Justice, Law School, AMIC, the Institute for Women and Children,

UNDP and the European Union.

The information obtained in these meetings was the basis for the initial definition of the main

Policy lines, as well as making feasible the preliminary wording of each draft. Next, a Work

Group was created, with the representatives of national institutions to discuss the course of the

Policy and define an initial version of the document. To join the Work Group, the

representatives from the following institutions and directions were invited:, the Ministry of

Justice’s Strategic Planning Advisor, the Director for Legislative Affairs of MJ, the Director

General for the Administration of Justice of MJ, the Director of Registration and Notary of MJ,

the representative of the Supreme Court, the representative of the Public Prosecutor, the

representative of the Judicial Police, the representative of the Bar of Guinea-Bissau, the

representative of the Law School of Guinea-Bissau, the representative of the Legal Training

Centre, the representative of the Human Rights Commission, the representative of the NGO

Friends of Children, the representative of the Institute for Protection of Women and Children

and the representative of the Guinean League of Human Rights.

This Work Group had its first meeting on May 4, 2010, followed by weekly meetings until the

8th of June, 2010. The meetings of this work group resulted in the first definition of the Policy

for the Justice Sector, with its first version, which was the basis for all other meetings,

maintaining this procedure to the end.

The wording obtained after the first work group completed the text was made available to all

the domestic participants and international collaborators. After a specific meeting with the

main international partners, a deadline was established that started on 15 June until 23 June,

2010, for each institution to send the comments, suggestions and information to be incorporated

in the Policy document.

Thus, a second Work Group was created in order to discuss and decide on each of the suggested

changes, consolidating the document discussed. Besides the participants of the first work group

mentioned above, the following institutions were invited to attend meetings of the Second Work

Group: representative of UNDP, representative of the European Union, representative of

UNIOGBIS, representative of UNODC, representative of UNIFEM, representative of UNICEF,

representative of UNFPA, representative of the Embassy of Portugal, representative of the

Embassy of Brazil, Adviser to the Supreme Court, Judicial Magistrates (two members),

Magistrate Prosecutors (two members), Lawyers (two members), Judicial Officials (two

members) and representative of the Civil Society Movement.

6

The meetings of the second work group took place on 28, 29 and 30 June, 2010, with a defined

and consolidated version of the Policy for the Justice Sector. This document was again made

available to all participants to verify the information contained therein and open to corrections.

The completion of defining the Policy for the Justice Sector came about with the NATIONAL

FORUM OF JUSTICE, which included the participants of the work groups, judicial

stakeholders, State institutions and civil organizations. Thus, an effective participation of all

sectors of society was sought, addressing issues from different angles and pointing out the most

appropriate technical solutions to meet its social purpose.

Although it was a State policy, an imposing definition was avoided, favoring State interests over

the interests of citizens. The goal of this document is to contribute toward solving the main

problems of justice in Guinea-Bissau, in other words, to meet the needs of the people, which

could not have been done without their effective participation in shaping the definition of this

policy. A balance between technical and social aspects was sought, with the participation of civil

society in the drafting of this important document seen as vital. All parts of the legal community

and key civil society representatives were heard, gradually and orderly increasing the

consultation basis in order to elaborate the National Policy for the Justice Sector.

2. CONTEXT AND INTERPRETATION OF THE DOCUMENT

T he Republic of Guinea-Bissau is currently in a legal-political situation that stands in

the way for its effective development. The political instability and the disrespect to the

laws in force discourage foreign investment, drive away the help of donors and

discourage the country’s entrepreneurs.

It has been evidenced that the use of Guinea-Bissau as a drug trafficking transit point has

grown again, increasing the country’s sense of insecurity. However, when discussing feelings of

insecurity, we must set apart two aspects: institutional security and public safety.

In terms of public safety, it helps to increase or decrease a country’s (or community) sense of

security, the frequency of crimes against life, physical integrity and property, as well as their

severity. The increase in frequency of these crimes, committed against undetermined people,

and not directed at a specific group, fosters feelings of insecurity in the entire community,

becoming a public safety issue.

It should be recognized, however, based on these criteria, that Guinea-Bissau cannot be

considered a violent country, given that its crime rates are not as high as many other African

countries.

However, the lack of institutional security compromises the country’s image abroad, reflecting

internally and complicating international support, foreign investments and domestic

investments. Organised crime, highly complex crimes and in particular drug trafficking and

political instability make the country’s external image seem as a violent and insecure country.

Such a view contaminates the community’s sense of public safety, causing everyone to repeat,

without any basis of concrete evidence, that the country is not safe. Moreover, in view of such

disastrous economic and political consequences, institutional insecurity can quickly lead the

country to a chaotic State, giving rise to situations that endanger the lives of citizens and the

community’s property. Therefore, the problems of institutional security also become, at some

point, a public safety problem.

Thus, a vicious circle is created, in which institutional insecurity leads to the lack of

investments. Breaking the sequence of such events inevitably includes the improvement of the

justice sector, building a State in which Judicial Security is in force.

When there is fertile ground for their actions, organized crime, highly complex crimes and drug

trafficking send the notion of impunity to the population at large, since, due to the system’s

inefficiency, the culprits are not punished. This also adds to the increase of corruption,

undermining the credibility of the legal system. Corruption at higher levels, without any

denunciation from the State, encourages the lower layers of civil service to adopt this practice.

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Thus, the whole legal system becomes compromised, either for the lack of credibility or due to

the impracticality to perform legal procedures. More disturbing, the misconduct of a few

tarnishes the image and reputation of all.

Moreover, political instability prompts justice to be discredited, since it serves only to punish

those who are outside the realms of power. Then there is the bad example that problems are

solved by force, rather than seeking support in the judicial system. With this, the idea is

reinforced that the judiciary works only against the weak and destitute, with the Courts unable

to exercise, in their fullness, its power/duty to administer justice on behalf of the people.

Therefore, the immediate delimitation of the role of each State Institution is imperative,

removing the political and military interference in the decisions to be made by any

Court. Moreover, there has to be the perception that differences should ultimately be settled by

the Courts and their decisions should be respected and obeyed by all.

Political differences, transcended by the administrative spheres, must be resolved by the

mechanisms legally established and never through weapons or intimidation. The insistence of

such means for settling disputes has punished the Guinean society and destroyed the country’s

external image1.

It is not only about the nation’s image, since the fact that this image significantly reverberates

the country’s credibility cannot be overlooked, and which in turn affects foreign investment and

international support, which results in holding back the entire population’s living conditions

and improvements.

Transforming this scenario depends on putting in place a number of infrastructure, training and

legislative reform measures, however it is also crucial to change the mentality of the country’s

leaders. Furthermore, the major changes should not come from the bottom up, but from the

highest authorities of each of the institutions, the judicial system and the society’s control and

surveillance agencies. To track down, prosecute and punish only the small offenders of the law

will not bring any substantial institutional change in the country, nor will they be considered

any safer. If the law (justice) is effective for only a part of society, the sense of impunity,

insecurity and injustice will spread even further. The rule of law must prevail and be applied to

all, regardless of their rank or social-political standing. Therefore, there must be a commitment

to the law by the political, judicial and military leaders to enforce the rule of law.

Therefore, as long as no changes are implemented in these State matters, all the investments

and efforts to improve the justice system will not meet their goal.

The operating conditions of the buildings allocated to the justice sector are not adequate. The

current situation brings no dignity to judges, lawyers, court officials, and PJ members, besides

thwarting the proper course of justice. The problems extend to all the structures needed to bring

about justice, from electrical power to computer equipment.

To implement this Policy, particular attention should be given to groups that are specifically

vulnerable, namely women, the elderly and children. It is primarily essential to end the so-

called harmful practices and all forms of gender-based violence. The “traditional practices”

cannot provide refuge to behaviors that violate women’s human rights. Thus, female genital

mutilation, early marriage and domestic violence cannot be tolerated. Children’s and

adolescents’ rights violation must be fought.

To address these and other issues that threaten Guinean society, such as drug trafficking,

human beings trafficking, money laundering and others, changes in the current legislation are

necessary, updating the existing legislation, as well creating new charters.

__________________________________

1 World Bank Report available on its website. According to the World Bank, in the “Easiness of Doing

Business” index in Guinea-Bissau, it was ranked at 181 out of the 183 countries surveyed. Per capita income

is U.S.D 245.2 per year, one of the lowest in the world. In the Human Development Index, Guinea-Bissau is

in 175th place of the 183 countries ranked.

8

It is also important that law enforcers and operators of the Judiciary are fit to exert their

function at its fullest, as it is of no use to create physical resources and a modern legislation if

whoever applies them do not have the exact idea of their meaning and legal scope. Therefore,

preliminary and continuing education/training actions are necessary to create a propitious

environment for the nation’s legal and economic development.

Complementing the actions related to infrastructure, legislative reform and professional

training, paramount attention will be given to access to citizens’ rights. A broadening of the

access to the concept of justice was addressed, by activating the State for actions to promote

citizens’ sense of worthiness and providing basic rights in practice, in this case, those related to

the justice sector.

Thus, improving the infrastructure, updating the legislation or improving the technical aspect of

the legal operators would not be enough if all such effort does not reach its target: the people, in

other words, it is not enough for the State to create good working conditions for their services, it

is essential that the public has effective access to this service.

Therefore, it is important to remove the obstacles that prevent people from accessing justice or

their rights, which can be done by supporting the exemption of fees, access to information and

accessible legal advice to everyone.

Thus, the entire justice system has to be improved, so that it has a decisive influence on the

development of the country. For some of the problems identified, solutions were proposed that

only aim to improve what is already in place. For other situations, the solution adopted by

several countries was sought, but always with the intent to adapt such foreign experience to the

particularities of Guinea-Bissau.

Also, in the preparation and implementation of the actions set out in this document, what has to

be taken into account is that the measures are consistent with the external legal sources of the

Republic of Guinea-Bissau, namely the political, economic and legal Law of Regional Integration

- CEDEAO, UEMOA and OHADA.

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

3. DIAGNOSIS OF THE SITUATION OF THE JUSTICE SECTOR2

J ustice is a powerful tool for social peace and for change in each individual’s life

conditions. Therefore, within the country’s development, the justice sector has a key role

to improve the social and economic indicators, because without trust in justice and its

effective functioning, one cannot talk about the distribution of wealth and economic

prosperity, given the absence of domestic and foreign investments.

Thus, the country’s current situation will only be changed if there is an actual investment in the

Justice Sector as a key part for the nation’s Defense and Security Policy.

Overcoming the difficulties and meeting the needs of Guinea-Bissau’s Justice represents a

considerable challenge, however, perfectly feasible, provided that the actions are coordinated

and well balanced, facing the real problems at hand.

The interferences in the Judiciary must be faced, submitting all authorities to the rule of law,

respecting the judicial decisions and seeking the legal means to settle all conflicts. The

interference in the justice sector can not be fought exclusively in the domain of Courts, because

there is the need to fortify all public institutions, so that each one pursues its mission and obeys

the limits set by the Constitution.

Without strong and independent institutions, the decisions made by justice are unenforceable

when they are contrary to the interests of powerful groups. The unenforceability of its decisions,

besides increasing the sense of impunity, results in the loss of authority of justice and disbelief

in its decisions.

Therefore, strengthening all State institutions, including those associated to the justice sector,

such as the Courts, Public Prosecutors, Judiciary Police, as well as private institutions but with

important social functions, such as the Bar Association, among others, are essential to the

development of the country and to consolidate peace.

Courts, Prosecutors, the Judiciary Police and the Bar suffer from the lack of adequate

infrastructure. In some facilities even basic infrastructure does not exist, such as electricity for

example. Without guaranteeing the minimum structure, one cannot speak about modernizing

the justice system, as the equipment, operation and storage are not in working conditions.

The lack of infrastructure affects the quality of work, and what is performed is only due to the

selfless commitment of the professionals who work in the justice sector. It also prevents

recording and processing the data that is relevant to public Policy planning and the actual

monitoring of the sector’s productivity. The lack of reliable figures prevents the accurate

findings of issues related to the number of pending cases.

The dignity and self-esteem of the judicial stakeholders is then compromised, the procedural

interferences placed in exasperating situations and in some cases, the lack of structure, comes

close to violating human rights and human dignity, like for instance some prisons.

A strict commitment should be made with remuneration issues, avoiding at all costs the arrears

of wages, pay-day, allowances and fees resulting from unofficial advocacy. A sector as sensitive

and with power of decision should not and cannot be at the mercy of the State’s goodwill in

fulfilling its financial obligations, because the whole of society pays a very high cost, since it

opens the door to corruption, which favors the powerful and hurts the neediest.

_________________________________

2 In addition to meetings with key institutions in the justice and information sector collected during the

work groups, it played an important role in the drafting of this title “Diagnosis of the Situation in the Justice

Sector”, the work done by ProJust (PAOSED) and PRELIMINARY REPORT - DIAGNOSIS STUDY OF THE

JUSTICE SECTOR IN GUINEA-BISSAU, which explains in detail the justice situation in Guinea-Bissau,

particularly the progress of cases and the poor infrastructure of the sector, referred to the reader, avoiding

unnecessary repetition.

10

However, there must be a commitment by the judicial stakeholders with their institutional

functions, moving closer to society and fulfilling its commitment with justice. It should held that

all the prerogatives, of any procedural interferences, do exist and must be exercised on behalf

and for the benefit of society. This is why it exists. The law, by setting prerogatives, does not

intended to create a “superior class of citizens”, but rather enable the holder of certain State

functions to fulfill to its fullness the munus he was commissioned to perform.

Some situations are not handled properly in view of the lack of knowledge about the legal norm

or the latest modern solutions adopted by other countries. Therefore, specific training actions

are necessary, either through activities in the country or by means of exchange.

Many of the problems reported stem from an omissive law in some parts and obsolete in others.

The complexity and the existence of unnecessary acts in the procedural codes contribute to

processing delays and to the lack of understanding the acts by the less educated population.

Moreover, serious problems of access to justice have been registered, either due to the lack of

technical and legal support, namely free legal consultation, or due to the lack of knowledge

about their rights. One can add to this, the distance of the Courts regarding certain localities.

4. THE POLICY FOR THE JUSTICE SECTOR

I t is important to fully know the “Mission” and “Vision” of a public or private institution, be

it a small business or the government of a country. It is equally important to know its

“Values”, knowing what actions should be privileged to achieve its objectives. It is by

knowing these concepts that we know where we want to go and how to get there.

In the case of the Justice Sector, it is not about knowing these concepts from each of the judicial

institutions, but it is about the mission or goal, outlook and values for the entire justice sector.

The “Mission” is understood as the final goal of an institution or, in this case, the Justice

sector. Obviously, the definition of the Mission for the justice sector had a strong constitutional

influence.

The “Vision” is understood as the organization’s objective, namely “what is expected to be within

a certain time frame”. It is a concept regarding the institution’s next years, therefore,

changeable. In defining the Vision, the main problems of the Guinean justice and the

possibilities for their solution were taken into account.

With respect to “Values”, we have the “ethical principles that govern the actions”. Therefore, in

the Justice Sector the values are explicitly stated in the Constitution of the Republic of Guinea-

Bissau. These are the values that are reproduced in this Policy.

Thus, in pursuit of such goals and ideals, we have the following guidance for the Justice Sector:

4.1 MISSION

For the Justice Sector in Guinea-Bissau we will have the following mission:

“An efficient and effective justice, which acts to ensure the Democratic Rule of Law

and political and social pacification, preserving the constitutional values.”

4.2 VISION

For the next five years, the Justice Sector is seen as follows:

“A Justice with adequate infrastructure to meet the demands of society, with qualified

judicial stakeholders and enabling access to justice and civil rights to everyone.”

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4.3 VALUES

The values that guide the Justice Sector are:

a) National sovereignty resides in the people;

b) Separation between State and religious institutions;

c) Subordination to the Constitution and Laws and respect for democratic law;

d) Protection, under the law, of property;

e) Equality between citizens and non-discrimination, including gender;

f) Family protection;

g) Protection of Fundamental Rights and its synchronization with the Universal

Declaration of Human Rights;

h) Access to Justice and citizens’ rights;

i) Impossibility of denial of justice due to insufficient financial means;

j) The citizens’ inviolability of physical and moral integrity and the prohibition of

torture and cruel, inhuman and degrading mistreatment;

k) The inviolability of the person;

l) Non-retroactivity of the law, except to the benefit of the accused;

m) Prior criminal law;

n) Due process of law;

o) No more than one trial for the same crime;

p) Ensure thorough defense in criminal proceedings;

q) The presumption of innocence;

r) Trial will start as soon as possible;

s) Recognition of the right to personal identity, civil capacity, citizens’ rights, good

name and reputation, image, speech and the privacy of private and family life;

t) Deprivation of Citizen’s rightsand restrictions on civil capacity only in accordance

with the law;

u) Freedom of speech and the press, and the prohibition of censorship;

v) Religious freedom;

w) Separation and independence of sovereign bodies;

x) Prohibition of the Courts of exception;

y) Independence of the Judiciary;

4.4 CONSTRAINTS TO OVERCOME

a) Institutional Crisis

b) Dismissal of the population in relation to justice

c) Budget difficulty

d) Mistrust of the international community

4.5 INTERNAL RESPONSES CAPABILITIES AND PRE-CONDITIONS

a) Good professional training of members of the judiciary

b) Relatively small territory

c) Active civil society

d) Political will to improve the system

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5. STRATEGIES FOR THE SOLUTION OF PROBLEMS

T he following strategies should be followed in order to achieve the goals outlined in this

Policy for the Justice Sector:

1. Create an adequate infrastructure for the institutional functions;

2. Perform a comprehensive and coherent legislative reform and disclosure of legislation in

force;

3. Professional training of all judicial stakeholders;

4. Promote the Access to Justice and citizens’ rights.

It is also necessary that this document assumes the essence of the Charter of National Justice

and taken as a national document, whose enforcement should not depend on political sectarian

vicissitudes, hence the need to engage all political parties in its completion and promotion.

The actions and measures will be taken according to the chart below:

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

The budget foreseen to implement the actions within five years is of:

6,042,378,997.60 CFA

Note: Some actions are still not budgeted, and also the Law Reform and Training actions are

included in the general MJ budget, hence they did not represent a financial impact.

For the actions foreseen in the plan, already with an indication of international support, the

estimated total cost of the support for the actions singled out is of USD$ 11, 560,611. However,

some actions have not yet been budgeted, but others already have been, although there is no

certainty that this is indeed the final cost. This is the case for the budget submitted for the

construction of the new headquarters of the Judiciary police, valued at EUR 8,000,000.00, which

was not considered in the final budget estimate of the international partners, as there was no

indication of available funds or of a partner interested in providing support.

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POLICY FOR THE JUSTICE SECTOR:

INFRASTRUCTURE STRATEGY

T he Republic of Guinea-Bissau is a constituted democracy, founded on national unity

and on the effective participation of the people in the performance, control and

direction of public activities and focused on building a free and just society3.

The Constituent Power took on a commitment that the State will play a role to build a

free and just society, which can only be done with an independent, effective and technically

prepared Judiciary in order to perform its functions.

The effective participation of the people in the control and management of public activities

undoubtedly needs a Judiciary that can immediately respond to the individual and community

expectations, providing an appropriate and timely response to those seeking the Courts to

protect their rights and to fight unlawful practices.

Consistent with the fundamentals of the Republic, the Constitution of Guinea-Bissau

guaranteed every citizen the right of appeal to the Courts against acts that violate their rights,

stating that justice cannot be denied due to insufficient economic means4.

Regarding Fundamental Rights, for example, the legislator extends the Constitutional

protection granted to citizens to other Rights foreseen in the other laws of the Republic, and

even in statutes applied to International Law. However, as experience has shown, society is not

protected by the mere entry of a legal rule into force, that is, with the creation of a Subjective

Right for the citizens’ benefit. It takes much more than that.

To guarantee the effectiveness of Subjective Rights and the existence of Justice as an

instrument for social change and peace, it is essential to create structural conditions to

effectivate these Subjective Rights and to accomplish Democratic Rule of Law. It is not enough

to create rights, one must create ways for the people to exercise them. Therefore, any legislative

or judicial reform, any effort or awareness of professional training will be in vain if

unaccompanied by a rational Policy of rapprochement with the population, and especially with

the most vulnerable groups. This approach should be elaborated by means of a systemic and

integrated Vision of all improvement, legislative and functional efforts, creating a new

infrastructure and restoring the buildings already in place.

As an established Constitutional Democracy, the Republic of Guinea-Bissau embraced the

principles of separation of powers. Thus, its sovereignty is manifested in various organs and

State Powers, hence the achievement of Justice is a country’s clearest expression of sovereignty.

___________________________________

3. Article 3 of CRGB: “The Republic of Guinea-Bissau is a constitutional democracy, founded on national

unity and with the effective participation of the people in the performance, direction and control of public

activities and focused on building a free and just society.”

4. Article 32 of CRGB: “Every citizen has the right to appeal to the courts against acts that violate their rights

recognized by the Constitution and by the Law, justice cannot be denied for insufficient economic means.”

“Create an adequate infrastructure and improve the infrastructure already in

place, to meet the immediate needs of the Justice Sector, enabling it with suitable

conditions to perform the institutional functions in the area of Justice”

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N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

The exercise of Power, which for the State represents a prerogative and a duty, must be

exercised in order to meet the constitutional guidelines, as an expression of the Republic’s

sovereignty. With regards to sovereignty, the Constitution foresees that it must be put in

practice over the entire national territory.

When the State fails to effectively bring justice to the entire national territory, it does not

comply with the constitutional guidance and fails to exert its power and duty in places where it

is necessary, in other words, it endangers its sovereignty due to social instability or the absence

of the State, empowering regions dominated by criminal groups or with interests at conflict with

the nation. Thus, the Constitution of the Republic lays down the functions of each of the powers,

with the Judicial Branch holding the power to administer justice on behalf of the people5.

The foundations of the Republic under the Constitution must be implemented and put into

effect, with the State aspiring to create all necessary structures and mechanisms to meet these

precepts. Therefore, when the Constitution stipulates that the people will participate in

the “performance, control and direction of public activities”, the State has to create the

conditions to institute this role. Evidently the control of public activities can be done by the

administrative and judicial routes. However in both cases, ordinary citizens, commonly without

knowledge of the law, have no effective means to present their claim, either due to the lack of

information, the lack of legal representation or due to their remoteness from the headquarters of

any representation of Public Power.

Thus, it is essential that the State, through the Courts and other stakeholders operating or

cooperating with justice, should be present throughout the national territory, as the absence of

the State is the negation of the very foundations of the Republic of Guinea-Bissau.

Plainly, the lack of an effective Justice is not only felt in public-private relationships (Criminal

Law), but also or primarily, in the relationships between private individuals. The divergence

between individuals in various areas of the Law, such as family, probates, contracts, ownership,

and etc..., means a factor in social disintegration, which should be handled carefully to avoid

social instability, since in the absence of State Justice, it resorts to private justice. And to make

things worse, other State agencies without judicial qualification or community organizations

may exercise their “justice”, with decisions that violate the laws and contradict Human Rights,

confusing justice with revenge and law with religion.

Law and justice are powerful instruments in social peace, enhancing respect for democratic

institutions and obedience to legal procedures. Thus, the performance of the Government in the

Justice sector has to observe the fundamentals already mentioned. The first step is to bring

justice to the entire population, which requires a basic infrastructure in certain regions of the

country, providing that region and surrounding towns an immediate obligation.

Adequate infrastructure renders a more efficient service to the population and enables an

improved service, conducting the final result to a more agile and better solution, also enabling to

verify the Judiciary’s prolificness.

The infrastructure still has to be created, restored or improved, in order to address a problem

that often lacks due attention, but that substantially affects the quality of the work: the value

and dignity of the judicial stakeholders. As representatives of a sovereign body (judges) or

professionals essential for the achievement of justice (lawyers) and fundamental in the pursuit

of truth, social peace and the decline of judicial error (Judiciary police), all these professionals

must have their roles dignified, awarding their professional practice respectable conditions to

improve their quality of life, causing them to have pride in their duties.

_______________________________

5 Article 119 of CRGB: "The courts are organs of sovereignty with competencies to administer justice on behalf

of the people."

16

The greatest risk of failure in any system is the behavior of human beings. Unmotivated,

unprepared professionals with unsuitable work conditions cannot perform quality service for a

long time, in addition to providing an open door to the spread of corruption. The presence of any

of the above stakeholders is enough to place any system (or investment) at risk of failure.

Therefore, investing in infrastructure means to indirectly invest in reinforcing self-esteem,

dignifying the function. Investment in infrastructure embodies improvement in the working

conditions, enabling to develop accurate and technical work in accordance with the best

techniques. Thus, by investing in infrastructure, combined with investing in training, an attack

is launched on the triple risk factor (lack of motivation, preparation and working conditions) of

the project of Justice in Guinea-Bissau.

Special attention should be given to Advocacy and to the role of the Bar Association in the

development of the Justice Sector in Guinea-Bissau. Given that it is a private institution, the

Bar, by means of internal mechanisms, should decide what role it will play in the Guinean

society. However, although it is Private Law, there is no doubt that the performance of the

Order and of Lawyers plays an important social role of public interest. If it is not up to the State

to interfere in the internal affairs of the Bar corporis, it has, nonetheless, the role to facilitate

and elevate the performance of the professionals that comprise it, as well as to assist in the

execution of agreements to qualify the institution.

The current situation of the Bar makes difficult even its coordination to seek international

assistance, a viable solution to solve various structural problems. It should be noted that

improvement in the overall level of Advocacy, either technical or structural, will bring legal,

social and economic benefits to the country. Lawyers are foremost the People’s spokesman,

taking the demands of the population to the Judiciary. Improving the technical part of the law

raises the quality of legal debate, including appeals. The first instance of the Judiciary is

indirectly more supervised, because a well-designed claim will eventually cause the higher

Courts (when appropriate) to modify the first instance decisions taken contrary to the law,

directly effecting the citizen's lives.

It cannot be overlooked that Lawyers, by virtue of their work, play an indispensable role to

ensure the Citizens’ Fundamental Right under the Constitution. Thus, although self-employed

professionals, they must at times carry out public functions or public undertakings, because it

guarantees citizens the access to justice in its entirety because, as we know, access to justice

must not be confused with access to Courts. In short, lawyers collaborate with the State in the

administration of Justice and the State has to acknowledge their professional standing.

It is thus necessary to effectively recognize the contribution of Lawyers in the country’s

development of justice. There can be no independent Justice that is technically appropriate and

fair without active and valued attorneys. Finally, justice is not done only by Judges and

Prosecutors, but also by the important actions of Lawyers.

Thus, the State should strengthen the performance of Lawyers and the Bar, without, however,

intruding or influencing the institutional positions in this category. By creating conditions to

practice law, the State dignifies the Profession and further stimulates an improvement in the

quality of legal services.

In developing projects for the construction and reform of the Courts, a space allocation for

lawyers should not be overlooked, where they can offer service and provide assistance or wait for

the trial in court.

The Department of Justice should also mediate, at the request of the Bar, the signing of

agreements with international institutions or professional peers. Moreover, it should provide all

possible support to erect the Bar’s own structure.

_________________________________

6 Article 32 of CRGB.

17

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

An independent and technically qualified advocacy, besides improving the general level of

justice, will bring a good financial result to the Guinean society, as it will facilitate the

professional lawyers’ transit within the OHADA.

Also important to society is the result of Criminal Procedure. Oftentimes, the decision of the

Court consists of applying a penalty. For social peace and reduced crime, organized or random,

it is not enough to modify or create new laws with greater penalties, because, as is commonly

known “what reduces crime is not the measure of punishment but the certainty of

punishability”.

Therefore, the sense of impunity must be fought, not only to avoid Private Justice or private

revenge, but also as a deterrent, even transnational, to the practice of criminality.

However, professional criminals should not be confused with random or unpremeditated

criminals. They should be treated differently. In both cases, however, the reference should be

rehabilitation, without forgetting the punitive nature of the conviction. Thus, some alternative

punishment measures should be encouraged, as well as the creation of institutions that enable

restoration and minimum sentences enforced in conditions laid down by the international

bodies.

The prison itself will serve as an intimidating factor to practising crime, and might have some

influence on reducing recidivism.

Based on these assumptions, the Republic of Guinea-Bissau will spare no effort in implementing

its Policy for the Justice Sector, contributing to the creation of a free and just society, supported

by the law and by order, enabling the development of the country’s citizens. Thus, over the next

five years the Justice Sector will be guided by the following strategy in terms of infrastructure:

The construction of new prisons and renovating the ones already in place will act as an

intimidation factor to prevent the practice of crimes and their recurrence, eradicating the feeling

of impunity that currently prevails in Guinea-Bissau.

Within five years there will be five hundred (500) vacancies available to accommodate the

inmate population, including men, women and adolescents in conflict with the law. The

vacancies will be distributed according to the restoration and construction schedule below:

The following prisons will be restored:

a) A prison in Mansoa;

b) A prison in Bafatá;

c) A prison in Canchungo;

d) The current Detention Center of the Judiciary Police.

Within the same five-ear period, the State will do its outmost to construct the following

establishments, in the priority order below:

1 – CONSTRUCTION AND RESTORATION OF INSTITUTIONS TO SERVE PRISON

SENTENCE AND SOCIO-EDUCATIVE MEASURES:

“Restoring and/or constructing a physical structure that is adequate to serve prison sentence,

alternative sentences to prison and socio-educative measures, meeting the minimum interna-

tional standards and the separation of men, women and adolescents, as well as determining

Public Institutions or public services that may benefit from the regime rendering social work,

and agreements with non-State institutions to receive adolescents in conflict with the law.”

18

1. A central prison in Bissau, with a high-secuity wing;

2. A prison unit in Buba;

3. A prison unit in Bissorã;

4. A prison unit in Gabu.

Guinea-Bissau does not have an administrative prison service in operation, similarly there are

not means available to safely transfer prisoners between the different institutions. Therefore,

besides the construction and restoration of the physical spaces, the following actions will also be

performed:

Provide furnishings and equipment to the Prisons, and uniforms for the staff;

Purchase of cell phones.

With regards to minors in conflict with the law (delinquency) and subject to educational

measures, which means the deprivation of liberty, the vacancies will be available in appropriate

premises with educational purposes and separated from the adult inmates.

Non-State institutions that can receive and shelter children in conflict with the law will be

identified and listed, expanding the number of vacancies and improving the quality of

rehabilitation.

Through the agreement, preceded by a feasibility and suitability study, the possibilities for

serving alternative prison sentences will be created, adapting the enforcement of penalties of

Guinea-Bissau to the international trend of decreasing incarceration, limiting this hypothesis to

the most serious crimes. Thus, greater emphasis will be given to rendering social work, already

foreseen in the criminal code.

Justice should not be concentrated only in Bissau and other regions that are far removed from

other parts of the country. By establishing a new judiciary map, the needs of justice should be

taken into account, as well as the constitutional right of access to Courts, in other words, the

primary and secondary public interests should provided for.

Thus, within five years, the new judiciary map of Guinea-Bissau will be composed as follows:

Quantity Court

1 SUPREME COURT

2 COURT OF APPEAL

1 REGIONAL COURT IN BISSAU

5 REGIONAL COURTS IN OTHER REGIONS

29 SECTOR COURT

2- JUDICIAL ORGANIZATION – CONSTRUCTION AND RESTORATION

OF COURTS IN THE REGIONS:

“Rearrange the judicial map of Guinea-Bissau as a fundamental step to lead to the effective

presence of the State throughout the national territory as an expression of its sovereignty and a

social peace factor. The headquarters of the Courts in each region will be built or renovated,

enabling the proper performance of the judicial functions and dignifying the profession.”

19

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Besides the aforementioned Courts, there will also be two itinerant Courts that will integrate

and work within the CITIZENSHIP CARAVAN to be created as detailed in the Access to

Justice Policy, providing for the locations that are very distant from the Courts, particularly the

country’s north-east and south.

With the exception of the Supreme Court, which is housed in Bissau, the other Courts must

follow certain criteria to establish its territorial base. The following criteria were considered

and analyzed to settle the location of the Courts:

a) Population criterion, focusing on localities with larger populations;

b) Geographical criteria, combined with the population criterion, where the Court could

meet as many locations as possible, combining population and territorial area;

c) Criterion of sovereignty, striving to distribute the presence of the Courts throughout the

country, preventing large territorial areas to be without the State’s presence in the area

of justice;

d) Criterion of functionality, which in the construction of new Courts, wich considered its

proximity to other justice bodies already in operation or in an advanced stage of

progress, such as prisons;

e) Criterion of existing infrastructure, due to the scarcity of financial resources, it also

considered already existing buildings in better conditions or those able to undergo lower

cost renovations .

Thus, the Courts will be distributed as follows7:

I – THE SUPREME COURT IN BISSAU

II – 2 COURTS OF APPEALS:

1 in Bissau;

1 in Bafatá.

The existing Court of Bissau is in operation. The creation of a new Court of Appeals ensues from

the need to effectivate the Appeal in the east, which has a large number of cases and is very

distant from the Court of Bissau. Thus, speeding up the procedures and rendering Courts to be

more expeditious. Also, reducing the workload of the Court of Appeals in Bissau, resulting in

decreased process time and a better quality of decisions and verdicts.

The choice for a new Court of Appeal in Bafata was first prompted by its geographical location,

able to meet the needs of Gabu and the country’s entire eastern region. The fact that the prison

unit of Bafatá will be ready soon was also taken into account, unlike the Prison in Gabu.

II – 6 REGIONAL COURTS

1 in Bissau;

1 in Bafatá;

1 in Gabú;

1 in Buba;

1 in Farim;

1 in Cacheu.

The Courts of Bissau, Bafatá, Gabu, Buba and Bissorã8 already exist and are in operation.

However, a new Regional Court needs to be created to provide for the Country’s Northen region.

Cacheu was then chosen, given the need to revitalize the region’s capitals.

______________________________________

7 In the definition of the Judiciary Map followed existing recommendations should be in this policy,

dependent on the technical feasibility and financial management of its implementation.

8The Court of Bissorã operates in rented house, therefore the construction of new headquarters is so

important. The Council of Ministers decided that it should be in Farim.

20

III - 21 SECTOR COURTS ALREADY IN PLACE

1 Court in Bissau with 6 Forums9

1 Court in Nhacra

1 Court in Safim

1 Court in Quinhamel

1 Court in Bula

1 Court in Canchungo

1 Court in Cacheu

1 Court in Ingoré/Bigene

1 Court in São Domingos

1 Court in Mansoa

1 Court in Bambandica

1 Court in Contubel

1 Court in Pirada

1 Court in Cossé/Galomaro

1 Court in Gabu

1 Court in Catio

1 Court in Quebo

1 Court in Bolama

1 Court in Bubaque

1 Court in Farim

1 Court in Fulacunda10

The Sector Courts were distributed in order to cover most of the country, especially those

localities without other Courts.

To implement this judicial map the following Courts should be restored:

Bafatá’s Regional Court headquarters

Gabu’s Regional Court headquarters

Bissau’s Regional Court headquarters

Similarly, Courts should be constructed in the following localities:

Bafatá’s Sector Court

Buba’s Sector Court

Farim’s Sector Court

Cacheu’s Sector Court

The Sector Courts that need to be created are:

Court in Formosa

Court in Bidanda

Court in Cabedo or Empada

Court in Caio

Court in Prabis

Court in Tite

Court in Cacine

Court in Bubaque

________________________________

9The Court of Sintra, although it does not exists juridically, is not in operation for lack of space.

10The Sector Court of Fulacunda is not in operation for lack of adequate space.

21

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

The creation of new Sector Courts is necessary as they are too distant from the other Courts and

because of the population and the growing number of cases. It is also vital to provide operating

conditions to the existing Courts.

The Courts should be constructed and maintained so that they can elevate the consumation of

justice and its stakeholders. The Regional and Appeal Courts should at least have a private

room for lawyers, where they can properly meet the individuals in need, in particular those

officially appointed, or to wait for the trial11 .

In addition to the construction or restoration of the Court buildings and the definition of the

new Judiciary map, the creation of specialized Courts for minors will be encouraged and given

much importance, providing capable service focused on the cases involving the interests of

children, adolescents and Women. The Administrative Court will also be created and installed,

with its operation specified in the law itself.

Finally, all efforts must be guided to build residences for Magistrates and officials who are in

permanent service within the country.

Obviously, the construction or rehabilitation of Court buildings alone is not enough to make

justice work properly. It is vital to create operating conditions in order to obtain the maximum

benefits brought by the rehabilitation or construction of new facilities. In short, the equipments

and consumables for judicial matters are as important as the physical structure.

There is a long path ahead to create ideal working conditions. Firstly, one must create the

basics, as without it, any Equipping Policy will be unworkable. The electricity supply in the

Courts’ headquarters is an urgent need, without which all other modernization measures cannot

be implemented.

Solving this serious problem will rank foremost. Solar panels will be set in place to supply power

to the Courts, as when compared to other options, this solution is more viable in the long term

and is easier to manage.

This should be followed by energy supply and computer equipment that will help to achieve a

faster and more efficient justice, as well as facilitate the process control and data collection to

better target the resources.

A National Plan for Information Technology in the Justice Sector will be launched, by which at

the end of five years, the Supreme Court, the Courts of Appeal and the Regional Courts should

be minimally computerized, as well as Bissau’s Sector Court. This is to provide the Court

Departments and the Hearings the minimum computerized means in order to expedite the

progress of ongoing services, enabling greater process control and greater disclosure of their

actions.

_________________________________

11 It will be up to the Bar Association of Guinea-Bissau to place the furnishings and office supply to their

offices, also its maintenance and cleaning.

3- EQUIPPING THE COURTS:

“Provide the Courts with appropriate conditions for its operation, enabling a more effective and

expeditious justice, as well as greater process control and archiving, registry and reporting,

contributing to the achievement of justice, enabling to collect relevant data in order to

provide a more precise formulation of future Policies for the Justice Sector.”

22

It should be noted that Computarizing the Justice Sector covers both Magistrates, as well as

every effort to computerize the supervision of the Courts and Public Prosecutors.

Given the scarcity of financial and material resources, a better management of the existing

resources, both financial and consumer goods, is vital. It is essential to do more with

less, avoiding waste, making good use of the existing materials. Also, standardization in the

procedures used for archiving and managing the physical process will be implemented, reducing

costs and enabling greater control.

The supply of consumer goods (administrative resources) will be preceded by a planning

prepared by each Court and submitted to the competent entity, providing for spare parts to

prevent service interruption. Also, together with the process control, it will be possible to verify

that the requested material is compatible with the needs of the Court, for transparency in the

management of financial resources for Justice and impeding the mismanagement of public

resources.

The broader management of these resources should be left to a National Commission for

Justice12, to be created under the terms of the Policy for the Sector, working as a centralizing

body for the Policy actions, controlling and managing the judicial resources.

The Judiciary police plays an important role in the Administration of Justice, with regards to

investigation in criminal proceedings. The good outcome of a trial and, often, the fairness of a

decision is directly associated to the Judiciary police’s performance.

When the State began to apply a firm and consistent Policy to combat organized crime, the role

of the judiciary police function attained prominence, not only investigative but also with

improved information processing and technical expertise.

There is a pressing need to construct the Headquarters of the Judiciary police, with the main

laboratories to be built in a single building, hence providing greater efficiency and service

organization.

Three Judiciary police Directories will be built – in Bissorã (or Mansoa), Bafata and Buba,

besides four Inspection Units located in Canchungo, Gabu, Catió and Bubaque, minimizing the

problems caused by the small police presence in these regions.

To accomplish its institutional functions, the Judiciary police depends on technical equipment

and the operators’ specific training. It is known that drug trafficking is a threat to the country’s

stability and public order. To combat the drug trade, police action alone is not enough,

confiscating the shipping-receiving or transportation of drugs. It is necessary that members of

trafficking are punished, which relies on a proving that the product seized is in the list of

narcotic drugs or other banned substances. And the only way to accomplish this legal

requirement is through its undeniable proof or evidence technique.

_________________________________

12 The suggestion is to create a multi-sectoral body representing the institutions related to justice sector,

with the primary function the designation and monitoring of the Policy for the Justice Sector, and as a

secondary function, the management, control and supply of equipment and materials of the institutions

therein (public and private). The National Commission for Justice will be the technical part of the

Coordination Council for Justice, already created.

4 – EQUIPPING THE JUDICIARY POLICE:

“Create structural operating conditions for the Judiciary police, in order to perform its

institutional role and help combat crime, particularly drug trafficking and organized crime.”

23

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Furthermore, the investigation of crimes in general and the crimes committed by criminal

organizations, in particular, are essential to forensic investigation. Without the proper

equipment, the perpetrator of the crime cannot be accurately determined, legally acceptable, as

for instance how it was executed and the weapon used, and the sentencing relying only on

witness testimony, highly liable and subject to intimidation. It should be noted that currently

there is only one Coroner in Guinea-Bissau, overloaded and compromising the work-flow.

Thus, it is crucial to equip the Judiciary police with technical laboratories in order to achieve

adequate drug testing, ballistic and Forensic investigation.

One of the priorities of the Policy for the Justice Sector will be to equip the Judiciary police with

a Toxicology Laboratory and rapid testing kits for narcotics identification, as well as construct a

Medical-Legal lab, prioritizing violent crimes, sexual crimes, crimes against vulnerable groups

and crimes related to criminal organizations.

Thus, within five years the Judiciary police will have a Legal Forensic laboratory and a Forensic

Science Laboratory that will include several specialties.

In democratic societies, Lawyers play an important role in the stability of the country, law

enforcement and social peace. In civil cases it is up to the attorney to take the plaintif’s cause to

Court, with the manner of presentation controlled by ethical standards, which enables a greater

enforcement of the law.

The attorney is essential in criminal actions because, in practice, he is a legal monitor, ensuring

that the suspect’s constitutional rights are respected.

The very laws of Guinea-Bissau ruled that there is no hierarchy among Lawyers and the

Judges, with the duties of civility and courtesy between them. So, lawyers should receive the

same respectability that is given to the Magistrate, recognizing their role as collaborators for

Justice.

Of course, as it is a private organization, the State encounters some limitations to improve the

structure of the Bar, including their independence. However, the State may decisively assist in

dignifying the profession, either through the creation of physical spaces for lawyers in the

headquarters of the Courts, as previously mentioned, or by stimulating and promoting external

assistance to meet the needs of the Bar.

The State will do the outmost to enhance and elevate the practice of law. For this purpose,

besides other endeavors that may be pointed out, the State will strive to address the following

needs:

a) Support for building the new headquarters of the Bar;

b) Creation of a minimal work structure for Lawyers in the Courts;

c) Include, insofar as possible, the Bar in the benefits to be granted by the National

Commission of Justice with regard to equipment and consumer goods

(administrative resources).

5 – EQUIPPING THE BAR

“Lawyers have an important social function as a key player for the proper course of Justice. The

State recognizes the importance of Lawyers and the Bar Association of Guinea-Bissau,

prompting their equipping and improving their work conditions.”

24

The operation of the Registry and Notary services is extremely important for the country’s

development. Without it, the entire legal safety of business undertakings is compromised and

the State cannot properly evaluate the country’s situation, undermining the elaboration of

adequate public policies.

With regards to citizens, many of them do not even have their civil registrations, which

represents a situation that lacks dignity, as the most elementary aspect of Citizen’s rights is a

person’s birth registration and certificates.

The Government of Guinea-Bissau designed a national political mobilization for civil

registration, through a National Plan for 2010/2013, with the goal of registering all Guinean

children 0-7 years old and expanding by 60% the coverage of birth registrations for the

unregistered population, and also creating mechanisms for the sustainability of birth

certificates. Therefore, every effort will be made to achieve the goals already set.

The Registry and Notary services currently have 50 Civil Registration posts, 2 Conservatories, 8

Regional Offices and 40 Sector posts. It should be noted that the Registry and Notary sector

faces the same infrastructure problems, such as access to technology and training, as all the

other sectors of justice.

Thus, for the solution of problems related to the Registry and Notary System the following

actions will be done:

a) Renovation of the Civil Register Offices of Bafata;

b) Construction of the Civil Register Offices:

I. Biombo

II. Cacheu

III. Oio

IV. Gabu

V. Quinera

VI. Tombali

VII. Bulama –Bijagos

c) Construction of the Civil Register Offices in the neighborhood of Ajuda and

Santa Luzia.

With regards to the constructions planned for the Register and Notary Public, preference will be

given to building their buildings together with other legal services, facilitating the population’

access and increasing the public administration’s efficiency. A Center for Business Formalities

will also be created, also called Unified Desk. It will be a service to provide information to users

in order to facilitate the constitution, amendment or termination processes of businesses and

related functions.

The physical installation consists of a single location for the branches or extensions of the public

administration services or agencies that are more directly involved in the business processes.

6- EQUIPPING THE REGISTRY AND NOTARY PUBLIC

“The social and economic development, legal assurance in commercial, civil and real State

transactions and citizen’s dignity can only exist with the proper functioning of the Registry

and Notaries.”

7- CONSTRUCTION OF THE JUDICIAL TRAINING CENTER

“Create a physical structure of reference for the professional development of all those who

collaborate with the achievement of justice.”

25

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

The development of the Justice Sector in Guinea-Bissau involves the improvement of its

participants and stakeholders. To do so, we must invest in human capital, which requires

qualified trainers and appropriate physical structure.

In this framework, the construction of the Judicial Training Centre (CENFOJ) is crucial, since

the institution will be responsible for the legal careers’ entrance exams, as well as conduct the

initial and continuing training activities for the judicial participants.

The legal framework for CENFOJ has already been accomplished; however it needs to proceed

into actual operation, which cannot occur without granting it the physical space needed for its

activities.

Therefore, every effort will be made to build the Judicial Training Center facilities, according to

the already approved architectural project, to meet their basic needs.

26

POLICY FOR THE JUSTICE SECTOR:

LEGISLATIVE REFORM STRATEGY

T he Guinean society has long faced problems relating to the admissibility of cultural

behaviors that violate Individual Rights and Human Rights, in particular those

concerning women. Simultaneously, new sophisticated and modern criminal problems

arise, such as drug trafficking, human trafficking, money laundering and computer

crimes, expanding the list of conducts the State has to deal with and address.

Some of these conducts are not clearly provided for in the legislation of Guinea-Bissau or find

support in a legally tolerated cultural practice, demonstrating the urgent need to update the

national legislation. The members of the so-called vulnerable groups have no adequate legal

protection in order to resort to the Judiciary, nor succeed in seeing those who violated their

rights punished in accordance with the State Law. The State must create or modify the laws,

regulating or punishing certain behaviors, not admitting these problems to left to certain social

groups, as is well known that “where there are strong and weak, freedom enslaves and the law

sets free”.

Regarding organized crime, the Republic of Guinea-Bissau needs to create legal codes that bring

new and up to date mechanisms to combat crime, following the best international solutions,

adapted, of course, to the country’s reality.

Thus, the country’s current legal situation presents a dual challenge: to fight some modern

practices and older ones, but both incompatible with a just, equitable, secure and stable society.

Therefore, the Law has to be used as a factor for social change, creating tools that allow the

State to suppress such practices and to protect the most vulnerable. Also, by the Law, the State

and society clearly demonstrate their disapproval of certain behaviors, enabling a more effective

conduct of education, prevention and prosecution of certain practices.

Within the context of justice, discontent with the Judiciary’s slow pace is also frequent and

justified. Of course, the problem of judicial delays is not determined by a single factor, therefore

the solution to this problem is not only viewed through legislative reform. What adds to the

slowness of the Courts is the lack of infrastructure, lack of work materials, insufficient number

of magistrates and officials, lack of motivation and lack professional qualifications. But also, a

great part of the problem is the current legislation, namely procedural legislation.

Within a series of measures to counter the slowness, there is legislation adaptation. First, one

must understand that the process is not the end conclusion, the outcome of adjudication, but

only a means to arrive at a legal solution. And as such, it should be free of excessive and

unnecessary formalities, keeping only those needed to draw the attention of the judicial

stakeholders to the importance of their acts or for their safeguarding the people’s rights.

It is also necessary to establish more effective consequences for the repeated failure of

complying with deadlines by some, determining their accountability. Thus, through the National

Commission of Justice a greater control of the court shall be determined, along with the volume

of actions in each of the Courts and the productivity of the judicial stakeholders, as well as

disseminating these numbers to society.

The legislative reform proposed in this Policy will have four main objectives:

“Perform a comprehensive and coherent legislative reform, including the extensive

dissemination of the legislation in force, enabling a modernization of the legal

system, accelerating the completion of processes and creating new tools to overcome

the new legal challenges that exist in Guinea-Bissau”

27

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

a) Prevent customary practices that violate people’s dignity, Human Rights, gender

equality or in any way discriminatory, incorporating the positive aspects of the law

and common law under Guinea’s legal system;

b) Create appropriate means and instruments to combat organized crime and other

crimes that endanger the sovereignty of the country;

c) Transform the legal procedures into quicker and less formal procedures;

d) Create and Regulate the necessary Bodies to better carry out Justice.

In line with legislative reform, it is important to underscore that the National Assembly (ANP)

approved the Government Program for the Reform of the Justice Sector, which includes issues

pertaining to legislative matters. The Diplomas considered as the basis for the reform of the

judiciary have already been approved, namely the Organic Law of the Courts, the Decree-Law

for the Judicial Coordination Council, the Law on Organization and Functioning of the Court for

the Sentence Execution , Organic Law for Criminal Investigation, Law for the Loss of Goods in

Favor of the State in Criminal Cases, Legal Aid Law. Still pending approval are the Diplomas

on prison legislation and the Diplomas being prepared for the fight against organized crime and

the Organic Law of Public Prosecution and the Statutes of Public Prosecutors. Then, part of the

legislative reform proposed in this Policy is already in actual progress.

The law that is in effect is assumed to be known by all. This is a basic condition for the

effectiveness of a Law, because its public knowledge is essential for the obedience of the rule and

also for its implementation by the authorities. So much so that no one is excused in applying a

rule claiming they do not to know or were unaware. If on the one hand knowing the law is a

legal presumption, then there is the obligation of the government to disseminate it as widely as

possible.

Thus, in general, the publication of the norm is a prerequisite for its entry into force, because

presumably it will be known to all only after it is published. Therefore, effective publicizing tools

must be used so that it is widely known and for it to be enforced.

The creation of more modern dissemination mechanisms, namely electronic, seems to be more

feasible, either for the benefit of the target public, or in preparing the State for its

modernization. Moreover, substantial expenditures in technology that rapidly becomes obsolete

should be avoided.

The disclosure of the law itself must be accompanied, when appropriate, by information

campaigns, aimed at the target public and conveyed in accessible language to the less educated.

While the publication of the laws in its entirety meets the primary need of lawyers, who will

interpret and apply them, the dissemination campaigns meet the needs of the community

layman in legal matters, but the end user and receiver of such laws and norms. Therefore, the

publication of these laws by any of the means chosen does not absolve the Government from

conducting campaigns to inform, guide and bring awareness to the public.

Thus, over the next five years, the Justice Sector in legislative matters will be guided by the

following strategy:

1- REVIEW OF CRIMINAL LAW, CRIMINAL PROCEDURE AND PENAL CODE

“Review of the criminal law to expressly prohibit cultural practices that violate Human Rights;

Create mechanisms to reduce domestic violence and other forms of gender-based violence ; Create

more severe and effective laws to fight organized crime, including its financial aspects; Review

the penal procedure law, enabling a more coherent review of the process and review the enforce-

ment of sentences, allowing for a greater use of alternative forms of imprisonment.”

28

Cultural and traditional practices often disregard the rights of women, namely the issue of

“female genital mutilation”. Despite its cultural and religious aspect, there is no doubt that this

practice violates a fundamental right of women and therefore it must be combated.

Moreover, Guinea-Bissau ratified the CEDAW in 1985 and its optional protocol in 2009,

pledging to review its legal framework regarding the rights of women.

Initially, it should be clearly established that such a practice, as well as other harmful practices,

constitutes or will constitute, a criminal act, conclusively ending the existing question whether

the excision is sanctioned or not by the existing penal code.

Along with the awareness campaign, the explicit typification of this conduct will be a clear

demonstration that the State no longer tolerates this practice and that it will do all it can to

combat this conduct.

Other measures must also be taken to decrease gender-based violence in general and domestic

violence in particular, creating conditions for punishing the offender, as the victim will receive

greater support. Thus, it will prevent domestic violence to go unpunished due to the victim’s

lack of economic conditions or the lack of protection in the case of denounces made to the

authorities.

Therefore, it is imperative to review the Penal Code on these issues, considering the

determinations by the CEDAW.

Moreover, one cannot fail to take into account the principle of Minimum Criminal

Law. Therefore, the conducts that could be resolved in the civil Courts should be removed from

the criminal structure, negligent injury for example, leaving only specific conducts that cannot

or should not, be resolved differently.

The degree of today’s globalization means that no country is outside the circuits of transnational

organized crime. It is then absolutely necessary to overhaul the legislation with regard to

organized crime and complex crimes, empowering the fight against drug trafficking, trafficking

of human beings and money laundering.

In criminal proceedings, it is vital to review the procedural deadlines, namely the deadlines to

apply coercive measures, which in practice makes it very difficult to apply criminal law.

It is considered that the development and approval of new codes of substantive or procedural

law is an operation that requires much time and resources (financial and human), besides

including substantial issues that prevent their enactment in a short period of time. Therefore

the choice of a new Criminal and Procedure Code is inadequate to solve the immediate problems

in this area. Thus, the micro-reform of criminal and processual law was chosen, that is,

modifications will be made in specific parts of the legislation, which may be modified only to the

extent they appear to be inadequate to solve the current problems. Thus, the modification may

affect only the content that is deemed necessary, a modification that will be made in line with

and harmoniously with the Code and the new spirit of legislation, without going through the

inconvenience of preparing, discussing and drafting that a new code requires.

Within five years the following parts will be reformed:

I - Penal Code:

a) Typification of complex Crimes, harmful practices and female genital mutilation;

b) Removal of potentially minor offenses and that are merely civilians;

c) Strengthening the criminalization of human trafficking;

d) Aggravating penalties for crimes involving the use of minors.

II - Criminal Procedure Code:

a) Review of Procedural Deadlines;

b) Removal of unnecessary acts;

c) Restrictive Measures;

d) Adaptation of the Code to the Guinean reality

29

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

The following laws will also be created:

a) Special legislation with rules for handling prisoners;

b) General Prison Rules;

c) Statute of Prison Guards;

d) Specific legislation for property subject to the crimes of drug trafficking and their

respective arrangement;

e) Special arrangements for juveniles in conflict with the law;

f) Jurisdiction statute for minors.

In civil matters, the biggest problem faced by the Guinean Justice is the delay in proceedings

and the subsequent completion of the process, that is, the time elapsed between the

commencement of the proceedings and the effective enforcement of the court decision.

A more agile legislation will increase the need to improve the existing infrastructure and the

number of personnel, since there will be more decisions and operations to perform, making it

impossible to provide assistance to the new demand with the current structure. Therefore,

changing the legislation without creating the aforementioned structure in this Policy will do

little good. It is vital to act simultaneously in all the priorities that represent a delay to

complete a process.

Thus, it is understood that approving the legislation championed in this Policy does not

represent, by itself, the solution to all problems related to processing delays.

For civil and civil procedure the same solution as that for the criminal sphere was selected, in

other words, micro-reforms and specific reforms in parts of the legislation that can no longer

solve certain problems or needs, considering the same fundaments in that Policy.

Changing the legal mentality is also needed, not considering the process as the end in itself but

as a means to reach a decision quickly, legally and fairly. Thus, all unnecessary or exaggerated

formalities should be removed, leaving only those that are indispensable for fairness and to

acknowledge the importance of the judicial proceeding.

More defined deadlines should also be specified in the legislation so that all judicial

stakeholders may intervene, leaving to ethics and deontology legislation to establish the

consequences for the failure to meet deadlines, especially for Judges and court staff.

Within five years the following parts will be reformed:

I - Civil Code:

a) Early marriage prohibitions;

b) Modernization of Family Law and Law of Succession.

II - Civil Procedure Code:

a) Review of procedural deadlines;

b) Removal of all unnecessary acts and procedures, reducing excessive formalism;

c) Strengthen the guarantees of impartiality and independence of the Magistrates.

2- REVIEW OF CIVIL LAW AND CIVIL PROCEDURE

“Review the civil legislation, modernizing the solutions currently adopted, especially in matters

of family and minors, while changes are made in procedural law in order to reduce the average

duration of a trial.”

30

The Government Program for Legislative Matters was created after a feasibility study and legal

needs were conducted and analyzed. The Documents listed therein are vitally important to the

country and all efforts will be undertaken for their approval.

The following documents have not yet been approved:

a) The Organic Law of Interpol and the Judiciary police

Within the Government Program for Legislative Matters, the elaboration of the documents has

not yet started:

a) Synchronization of domestic legislation for the CDC and CEDAW.

b) Organic Law of the Sector Courts

Thus, all efforts will be undertaken for the aforementioned diplomas to be subject to review and

approval, bestowing on the country a more modern legislation to meet the judicial needs.

Besides the Government Program for legislation matters there are other diplomas which also

need to be created, not only to regulate certain matters but also to enable the full

implementation of this Policy for the Justice Sector.

Among the diplomas that are immediately needed:

a) Regulations of court fees;

b) Legal Assistance provided by the State and Nongovernmental Organizations;;

c) Creating and Regulating the National Commission for Justice;

d) Prison Guards Statutes;

e) Special legislation on the treatment of prisoners;

f) General Regulation of Prisons.

g) Civil Registry Code;

h) Judicial Officials Statute;

i) Witnesses Protection Act;

j) Organic Law of Judicial Departments;

k) Treasury Management Law;

l) Computer Crime Law;

m) Judicial cooperation law;

n) Legal status of Weapons;

o) Citizens action right;

p) Tax legislation;

q) Prolongation of procedural deadlines for complex crimes;

r) Highways Code;

s) Judge’s final decision and its consequences for failing to comply.

It should be noted that one of the major problems faced by the State of Guinea-Bissau in recent

years is military interference in civil affairs or State policies, hence a factor of instability in the

country.

Notwithstanding the military’s significant role in the conquest of independence and its

fundamental undertaking in maintaining peace, their interference in civil or political maters

must be avoided, hence maintaining the country’s constitutional order.

The means to settle disagreements or to correct administrative acts should be legal or

democratic, but never by the military. Otherwise, regardless of the well intended reasons, this

compromises the feeling of stability, averting foreign investment, international aid and the

engagement of citizens at large, condemning the country to live in perpetual financial and social

difficulties.

3 – CREATE NEW DIPLOMAS

“Expedite drafting and approval of Diplomas foreseen in the Government Program for

Legislative Matters, as well as creating new Diplomas deemed urgent to meet the needs of the

Justice Sector.”

31

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Thus, a better definition of military action in civil matters and its subordination to the

Constitution are necessary, as well as a clear definition and delimitation of military crime and

common crime committed by the military, with the latter judged as a common crime and by the

civil court.

The operating structure of the Military Court will also be changed, a structure more committed

to Military Law and less with the Military Command, granting the Military Court the

functional and structural independence necessary to perform their duties.

The Judicial Magistrate represents a sovereign body, entitled with independence to perform its

duties. However, the exercise of this sovereignty or inherent powers is not for personal or

institutional gain, but for all of society, because according to CRGB, sovereignty resides in the

people.

Therefore, the promise of independence cannot mean the absence of control over its activities or

the lack of commitment to legal deadlines. Although the lack of commitment to expeditious

justice refers to a very small number of judges, this has negative repercussions on the entire

image of the judiciary, assuming this to be a rule, when it is the exception.

The same can be said for the Magistrates, Judiciary police and Judicial Officials. While the

lawyers who do not meet their deadlines will be subject to disciplinary penalty, the civil

responsibility comes from seeing the case file follow its process without the act the lawyer

should have practiced. But the other judicial stakeholders are generally not affected by this

problem, because the penalty for not performing the act is only by disciplinary and always

excusable by claiming, generally true, an overload of service.

Thus, it is necessary to implement a system to monitor the judicial activity, namely by

disclosing the numbers of statistics of each institution, per sector and per officer, enabling to

verify productivity and work backlog. This will enable not only a better supervision over judicial

productivity but the articulation of a more effective Policy in the justice sector, particularly for

the Judicial map.

For greater transparency and to avoid simply corporate solutions, the analysis of this

information will be under the responsibility of the National Commission for Justice, consisting

of members of the Judiciary, the Ministry of Justice, the Bar Association, the union of both

magistrates and a representative of civil society from an institution associated to the Justice

Sector.

It will be up to the National Commission for Justice to review this information and to outline

the measures to solve the problems encountered. However, when failure or lack of professional

commitment by any judicial stakeholder is verified, the conclusions and suggestions obtained by

the National Commission for Justice will be forwarded to the respective institutions, which

through their own organs (the Superior Councils of the Judiciary and the Superior Council of

Public Prosecution and the Ethics Committee of the Bar) will take disciplinary actions when

deemed appropriate.

Notwithstanding a careful monitoring of judicial activity, it will not be up to the National

Commission of Justice to pronounce on the judicial technical decisions thereby ensuring the

independence of the judiciary, upholding the full power of the Superior Councils and Inspection

Boards, including the disciplinary aspects.

The National Commission for Justice will act as an agency to identify and assess existing

problems in terms of management of resources and work flows, pointing out joint and

compatible solutions among all the judicial players, assisting, in terms of information and data

4 – IMPROVED FOLLOW UP OF JUDICIAL ACTIVITY AND POLICY MONITORING

FOR THE JUSTICE SECTOR

“Establish a greater monitoring of judicial activity through a corporate supra Commission, to

assist the Superior Councils l supervising judicial deadlines and disclosure of productivity

reports, providing greater transparency in judicial activity and untangling the measures

destined to the Sector Justice.”

32

processing, the Coordination Council, the Superior Councils and the Bar Association, however,

without depriving them of their own competence.

Nevertheless, one of the main characteristics of this Policy for the Justice Sector is modifying

the current mentality, in order to bring the judicial players closer to the community. Keeping

the necessary coherency, the National Policy for the Justice Sector, through the authors of this

elaboration, will focus on greater community participation in its formulation, implementation

and review.

The Policy for the Justice Sector should not be a document removed from reality or reticent and

unapproachable. The actions to be implemented by this Policy will carry out slow modifications,

at times imperceptible - but always eloquent and significant in order to improve the

achievement of justice. However, despite the slow changes, in five years the implementation

conditions may change substantially and the Policy for the Justice Sector will have to quickly

adapt to the new conjectural conditions.

One cannot wait five years to modify, improve, amend or correct the actions envisaged in this

Policy, rather, they must be constantly evaluated and altered when necessary, particularly

regarding its implementation plan.

Thus, the National Commission for Justice, as information manager of the judicial sector, will

play an important role in the constant evaluation of the Policy for the Justice Sector, given that

once in possession of the updated data of the Justice Sector, it will be able to review and

evaluate developments in the sector, as well as identify areas that need more support.

The Policy for the Justice Sector is a “dynamic” strategy, in other words, not consumed and

worn out in its preparation, but, instead, constantly evolving and requiring constant updates

and reviews.

Thus, in possession of the information collected during the year, the Ministry of Justice and the

National Commission of Justice, in collaboration with the entities connected to Justice, will

annually hold the “NATIONAL FORUM FOR JUSTICE SECTOR”, with the task of evaluating,

discussing, suggesting and modifying the Policy for the Justice Sector and the Justice Sector

itself. Without losing sight that the Policy for the Justice Sector was prepared for a five-year

implementation, the annual event (National Forum) will be used to adjust all the details needed

to achieve the goals that were originally planned.

The goal for the first edition was the analysis, correction, suggestion and adoption of this Policy,

proceeding to its approval by the Ministry of Justice and Public Administration. The aim of this

forum is to broaden the basis for discussing the actions to be taken at a government level. After

the first “Forum”, the best alternatives will be discussed every year, evaluating the past actions

and projecting future ones.

The National Forum for the Justice Sector be held by the Ministry of Justice, which will seek

the support of the other Courts, the Legal Training Centre and Law School. A document will be

produced from this forum, with the main conclusions, suggestions and the way it will be

incorporated into the Policy.

These events will be open to all of society, inviting the main players in the justice sector, such as

judges, lawyers, national and international partners, NGOs, Academics and all those who may

contribute in any way to the improvement of the Policy.

In the second edition of the Forum, a study to be requested to the law school or an institution of

equal prestige will be ready, which will bring the Vision of many regions of the country

regarding the Policy for the Justice Sector.

Finally, in each edition of the National Forum for the Justice Sector, the National Commission

for Justice will catalog and inform the major complaints and suggestions regarding the Justice

Sector by society during the current year, calling on the Plenary of the Forum for deliberation

and discussion.

33

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Divulging the country’s legal rule in force is vital for its enforceability. Without excluding its

publication in the Official Government Journal, it is extremely important to publish the

Document in electronic media, including on the World Wide Web (Internet), in order to overcome

access difficulties of the contents.

In collaboration with the National Assembly, the Ministry of Justice will provide a Website that

will contain all the legislation approved, and should be available online at least on the same day

that it is published in the Official Government Journal.

After the website is created and the law in force made available, with the electronic means

equipped with control mechanisms to ensure its reliability, the State of Guinea-Bissau will

adopt as a Policy the publication of the Document using the electronic media.

However, the laws must reach those intended, that is, the people. While the publication of the

law in the Official Journal or website (to be created) would meet the needs of lawyers and law

enforcers, fulfilling one of its validation requirements, whatever the publication, the

dissemination campaigns of the law would serve the whole community, not just informing them

about a law, but also explaining the concepts and importance.

The informative campaigns will always use a popular and accessible language, including

languages and dialects of the region, and using a clear communication strategy, targeted at

different sectors of society. Different means of communication and access to the population will

be used, such as:

a) TV and radio FAQ & Answers type of presentations;

b) Debates/discussions held in certain parts of the country;

c) Temporary posts to assist the population;

d) Distribution of booklets and newsletters;

e) Distribution of explicative illustrations created specifically for certain laws;

f) Competitions among the population, especially among children and adolescents, about

the content of particular laws.

5 – DISCLOSURE AND PUBLICATION OF LAWS

“Improve the dissemination of laws through the Internet and conduct diffusion campaigns of the

law so that the less educated individuals can understand the rule of law, understanding their

rights and obligations, expanding the exercise of citizen’s rights.”

34

POLICY FOR THE JUSTICE SECTOR:

PROFESSIONAL TRAINING AND CAPACITY BUILDING

T he State of Guinea Bissau recognizes the importance of education in the lives of the

citizen and in society, whether it is basic or technical education. In some areas,

particularly in the Justice Sector, education is especially relevant. To improve judicial

and legal services, while developing the Institutions and their physical structures,

major investments in professional training are necessary.

In the legal profession, constant education and updating professional needs are vital, otherwise

the legal professionals and operators run the risk of quickly becoming outdated and/or obsolete.

There is also the need to assess the successful solutions adopted by other countries for problems

similar to those of Guinea Bissau, which requires constant updating and vigorous exchange

between nations. Thus, similar to the intellectual and technically well prepared judicial

stakeholders, the State should be prepared to better combat crime, to improve access to justice,

in order to bring justice closer to the people and to solve some of the Legal issues in a more

modern manner.

In the case of lawyers there is also, the economic aspect, since progress in their training will

enable them to better exercise advocacy in OHADA, within the free movement. Thus, besides

enabling a better service to the people, it also enables the effective freedom of the profession in

the member countries of OHADA, expanding the horizons of professional Lawyers.

Within the Policy for the Justice Sector, the Judicial Training Centre - CENFOJ and the Police

Academy will play a crucial role, with its installation deserving special attention, as well as its

legal delimitation of its performances and the reformulation of the laws of access and training

for all of the legal careers and the Police.

The Government of Guinea Bissau will encourage the Judicial Training Center and Police

Academy to focus the professional training of the judicial players to include the selection,

training and updating activities of the members of the Judiciary, Judicial Officers, Prison

Guards and members of the Judiciary police.

Lawyers will also benefit from the training and updating undertaken by the Legal Training

Centre.

With regards to the training Policy of the Justice Sector, priority will be given to the measures

that target the following:

a) Admission Selection for Judiciary and Public Prosecution careers;

b) Updating and Improvement courses for Judges and for the Public Prosecution;

c) Training and improvement of the Judiciary police;

d) Support for lawyers’ continued education;

e) Training for Prison Guards;

f) Training for Judicial Officers;

g) Training for the Conservatives and Notaries;

h) Support the training of members of organizations associated with the justice

sector.

The training to be developed in the Judicial Training Centre will be complemented by training

abroad and signing agreements with national and international institutions to achieve specific

training activities. In all training institutions, particular attention will be given to training

women.

“Improve human capital through continuous training initiatives for judicial stake-

holders, appropriate training of new staff and harmonization of the training with the

country’s real and current needs.”

35

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Thus, within five years the following strategies will be developed:

The physical installation of the Judicial Training Centre is foreseen in the Policy with regards

to the infrastructure of the Justice Sector. However, since this is a new institution, other

adjustments need to be made, including legislative aspects.

During the setting up of the Judicial Training Centre, concurrent and complementary measures

must be taken, with interaction between the Infrastructure Policies, Legislative and training, as

one will directly influence the course of actions to be followed by the others.

Thus, focusing on the Judicial Training Center, it will be vital to define its role in the training of

the Judicial stakeholders. It is the desire of the State that the Training Centre plays a major

role in training these players, also determining the access to judiciary careers, stipulating the

good training performance and becoming a center of legal excellence.

For the Training Centre it is essential that legal issues are determined, establishing the

involvement of the Judicial Training Centre in the selection and training of the new staff for the

Judiciary, the Public Prosecution and Judicial Officials.

Moreover, the Judicial Training Centre will support the technical development of Lawyers,

either through specific training required by the Bar Association of Lawyers, or with the

possibility for the lawyers to attend training courses, lectures and seminars, open to all legal

professionals.

Carrying out justice is, inexorably, done by the judicial stakeholders, who must be prepared

both in legal matters and related matters. Investment in training is vital, enabling judicial

stakeholders to meet the challenges they face.

For the selection, training and skills development (skills), needed for these professional careers,

preparatory professional courses will be held at the Legal Training Centre and Training Centre

of Security Forces (through a special agreement), which will benefit:

a) The Judicial Magistrates;

b) The Public Prosecutors Magistrate;

c) Members of the Judiciary police;

d) Judicial Officials;

e) Conservatives and Notaries;

f) Prison Guards.

Also, emphasis will be placed on training the judicial stakeholders, using the facilities of the

Judicial Training Centre to promote joint courses between the legal careers or, when

appropriate, specific courses for each of these careers.

The continuous training will be developed taking into account the matters specified in this

Policy, giving priority to joint training as a means of disseminating knowledge at a lower cost,

avoiding the repetition of the same training for different careers, as well as seeking a

synchronization of ideas and application of the law on matters that are more relevant to society.

1-INSTALLATION AND OPERATION OF THE JUDICIAL TRAINING CENTER

“In line with the Infrastructure Policy, provide the Judicial Training Centre with functional

and legal capacity to perform its mandate of providing certified and systematic professional

training to judicial and legal operators.”

2- INITIAL, CONTINUOUS AND SPECIALIZED EDUCATION/TRAINING

“Value human capital through education, training and development, enabling to provide a more

adequate service to society, emphasizing training in matters that are relevant to the

consolidation of democratic rule of law, hence creating a more equitable society, expanding the

legal operators’ technical knowledge and confirming the government's commitment to these

areas.”

36

Thus, in terms of continuous training the following be benefited by the activities to be developed

in the Legal Training Centre:

a) The Judicial Magistrates;

b) The Public Prosecutors Ministry;

c) Lawyers;

d) Members of the Judiciary police;

e) Judiciary officers;

f) Conservatives and Notaries;

g) Prison Guards.

In the case of training for Human Rights, Children’s, Women’s Rights, Economic Crimes and

Money Laundering, Drug Trafficking and the ways to combat this, other groups may be asked to

participate in the training, such as members of NGOs, other government agencies, financial

institutions and professionals from outside the judicial system, but who are interested or may be

interested in the subject.

Regarding gender equality, the Republic of Guinea-Bissau demonstrates full concern with this

subject, emphasizing this issue in formulating the curriculum, however it was understood that

setting up quotas for women at this time is not the ideal way to solve such problems.

It was then decided to undertake a study to identify the obstacles women face and that hinder

their competition with men on equal terms, so that once the problem is identified, more accurate

solutions can be put in place.

The professional education and training of judicial stakeholders should be as broad as possible,

even in matters outside the law, but that greatly influence certain decisions, such as Medical-

Legal forensics, ballistics, sociology, psychology, anthropology, finance and public

administration. Therefore, the proper balance between legal and non legal matters must be

sought.

Continuous training on key lawful matters will be encouraged, seeking the bureaucratic

professional transformation, the formal applicator of the law, into professionals committed with

the social function of law and justice as a way to achieve the objectives set out in the

Constitution of the Republic.

The Constitutional Law, Administrative Law, Procedural Law, Civil Law and Criminal Law will

play an important role in this transformation, especially by focusing on a more modern and less

formal approach, also taking into account the provisions Stated in ECOWAS and OHADA.

In certain areas the training should be more intense, not only to provide information that is

lacking to lawyers or who need to be updated, but also to reaffirm the commitment of the State

in that matter.

The specific training in certain areas, in addition to contributing to disseminate the information,

has a reassurance aspect of the Policy, because it demonstrates to the legal operators and to

society as a whole, the State’s desire to combat certain practices or to solve existing problems,

and also to clearly show the community, the State’s position regarding the problem.

Thus, over the next five years, particularly through the Legal Training Centre, training will be

enhanced in quantity and quality, with special attention to the following areas:

a) Human Rights;

b) Rights of Children and Juvenile;

c) Women’s Human Rights;

d) Crimes against the Economy and Money Laundering;

e) Drug Trafficking and the ways to combat this;

f) Computer crimes;

g) The Environment;

h) Guarantees for Individuals.

37

N a t i o n a l P o l i c y f o r t h e J u s t i c e S e c t o r

Continuing education through congeneric institutions is a possibility that cannot be neglected in

the training Policy for the Justice Sector. Increasing exchange between countries brings

undisputed benefits, namely information exchange, greater collaboration and testing new

approaches for the same problems.

Additionally, the idea of international solidarity has enabled bilateral and multilateral

cooperation through exchange, which allows access to information at a relatively low cost,

although directly benefiting the public is somewhat lower.

Therefore, the combination of domestic professional training with regular exchanges with

foreign institutions, will leverage the technical knowledge, and also supply the cases when in-

country training is not possible.

The State will directly act as a protagonist in the pursuit of cooperation agreements aimed at

attaining these exchanges or, when appropriate, as a facilitator between the domestic and

foreign institution that wants to sign the agreement in question.

3- AGREEMENTS AND PARTNERSHIPS WITH NATIONAL AND INTERNATIONAL

INSTITUTIONS TO TRAIN/EDUCATE JUDGES, PROSECUTORS, LAWYERS AND

JUSTICE OPERATORS.

“Continuous exchange activities to exchange experiences among national and international

judicial stakeholders, in order to obtain more knowledge and updated solutions for the problems

of Guinea.”

38

POLICY FOR THE JUSTICE SECTOR:

ACCESS TO JUSTICE AND CITIZENS RIGHTS STRATEGY

T he Constitution of the Republic of Guinea Bissau provides as the people’s basic right

the access to justice. As it is exclusively exercised by the State, the administration of

justice is a Duty-Power of the State. Therefore, the Government must undertake all

efforts to ensure that justice is accessible to all.

As determined by the Constitution, nobody can be deprived of access to the Court due to the lack

of financial resources. A superficial analysis of this device could cause the interpreter to

understand that the Constitutional provision is only restricted to the exemption of fees to the

economically disadvantaged or payment to the Attorney by the State. However, the

Constitutional provision that establishes access to justice, regardless of financial status, should

be viewed in its entirety. This is because it is a basic premise to be exempt from payment of ex

officio costs, in the case of the individual going to Court. Without legal access to the Court, there

is no sense discussing the waiver of fees or providing free legal assistance.

With regards to access to justice, one must consider the expression in its broadest sense

possible, that is; “the ability of people, especially the vulnerable groups, to seek and obtain

remedies through formal and informal justice systems, according to the principles of human

rights.”

Thus, in addition to access to the Court itself, the individual should be guaranteed the

mechanisms of legal information and legal advice. Finally, he should be guaranteed the

mechanisms for adequate mediation and conciliation and quality legal representation,

regardless of his financial situation, with the State bearing the costs of justice (court costs and

attorneys’ fees) for the poorer. All mechanisms of access to justice should take special attention

to the more vulnerable groups, especially women.

The Policy for the Justice Sector provides integrated and synchronic actions between many

components, in order to definitively resolve the problem of access to justice in Guinea Bissau.

Thus, with regard to Access to Justice, these actions cannot be viewed in isolation, but rather in

conjunction with the Policy regarding infrastructure, legislation and training, as well as

assuming the system’s operators constant interaction.

Only with an integrated action will the sense of impunity be confronted in the country, while

encouraging the peaceful resolution of the conflicts. However, to expand access to justice to

Guinean citizens, means reinforcing the sense of nation, a government constituted and subject

to the laws.

Furthermore, it will strengthen the State’s presence throughout the country, deterring conducts

that could jeopardize the country’s safety and helping to avert a widespread impunity and/or

private justice.

The State’s effort will not only be in judicial matters, but also by providing basic services to its

people. With this, what is sought is not only settling conflict in the Courts, but also to ensuring

the rights of each individual, providing basic rights, such as the right to identity, registration,

access to information, communication and so forth.

Thus, more than access to justice, the message is the access to citizens’ rights.

“To ensure Access to Justice and Citizens Rights to all, particularly the poorest,

intensifying judicial geographical expansion to enable greater access to the Courts, to

legal advisory services as well as ensuring quality due process and access to essential

public services for all.”

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Over the next five years, with the goal of bringing Justice and Citizens Rights to the people,

Guinea-Bissau will implement the following strategy:

One of the aspects of Access to Justice is the guarantee of access to courts. As determined by the

Constitution, no one can be deprived of accessing a court due to the lack of financial means. In

many cases an individual’s lack of economic means not only prevents him from hiring a lawyer,

but also from physically going to Court.

Therefore, in developing its judicial infrastructure, the State of Guinea-Bissau will give

attention to the geographical aspect, deciding on the place or region to set up a Court that best

meets the interests of society, when this is possible. Thus, it will be focusing on access to justice

and the possibility of everyone to directly submit their claims to formal justice.

The State will seek to provide each region with the appropriate judicial structure. Of course,

there is no need to provide each region with all the judicial system. In some cases the presence

of the Tribunal Sector is sufficient and in others only the presence of the mobile courts , which

comprise the “Citizenship Caravan”.

The fact is that each region of the country, however remote it may be, will have the services of

justice available, which will be delivered by analyzing the existing demand and the type of

Court that meets the primary and secondary public interest.

Therefore, when setting up the new judiciary map of Guinea Bissau, and defining the type (fixed

or itinerant), hierarchy (Sector, Regional, or Circle) and the locality, not only will the question of

economic-financial feasibility be considered, but also the best Access to Justice service will be

taken into account.

In those places where the financial aspects or the existing demand does not justify the creation

of a fixed tribunal, these locations will be serviced periodically and regularly by mobile Courts.

As mentioned earlier, the Mobile Courts will comprise the structure of the “Citizenship

caravan”. The creation of the “Citizenship caravan” serves the Access to Courts Policy for the

Access to Justice and Rights, as it allows access to Court in areas not serviced by a fixed

structure, and also takes Citizen’s rights for all of the people, even those living in more isolated

locations. Thereby, eliminating the effigy of those “Forgotten by the State”, at least in legal

terms.

First, although a Tribunal is within its structure, the choice of name “The Citizenship caravan”

was chosen following the modern trend to bring the population closer to the Courts, with the

“Caravan” seen as a government department placed at the disposal of society and for the

people’s benefit, including settling conflicts, and not as an inquisitorial and repressive

institution.

The passage of the “Citizenship caravan” in each location must be seen as an individual’s

opportunity to exercise his rights, either by bringing potential problems to be trialed by the

magistrates, or by using the various public services offered in that locality. At no time should

the “Citizenship caravan” be associated to the idea of State repression or feared by society. This

is why a “lighter” name was chosen, without the weight on the “Tribunal” that has a more

repressive meaning to the less informed population. Moreover, the services to be performed by

the “Citizenship Caravan” are broader than the simple judicial services.

Without losing the relative ceremony of a Judicial Court, its embodiment in a wide range of

services to be provided by the “Caravan”, creates the idea of voluntary submission to the State’s

jurisdiction, facilitating the spontaneous enforcement of a decision and reducing costs related to

lower procedural costs, particularly in the implementation phase.

1 – ACCESS TO COURTS AND CITIZENS’ RIGHTS:

“Effectivate the presence of the Courts and the State’s legal services throughout the national

territory, taking into account the criterion of Access to Justice in the definition of the map, and

develop viable alternatives to meet the communities not contemplated in the setting up of the

Court in its territorial base, grounding the rights of each individual in the Country.”

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The dignity of Justice and its stakeholders is not measured by its distance in relation to the

population, representing almost a divided Court in relation to society. This mentality must be

changed. Dignity can be measured by the working conditions assigned to its stakeholders and

the way these stakeholders perform their judicial functions. Approaching the community is not

a discredit to justice and its players, quite the contrary, since Justice and the State as a whole,

exist to meet the social needs.

Thus, through the “Citizenship caravan” the State shall promote conveying public services in

locations not serviced by regular and effective government, including the Bijagos Islands. The

“Citizenship caravan” will be a public mobile service that will periodically and regularly visit

the cities not serviced by public and permanent services. The “caravan” shall be composed of

professionals (judges, lawyers, Notaries, officials, social workers, and etc...) who will move about

by means of specially prepared transport to serve the community, to perform their function.,

such as Registry services, Mobile Courts, Conciliation, Mediation, Social-legal advice, document

delivery and many others. To seek a broader interaction with the community, “a local facilitator”

will be used when possible and appropriate, in other words, a member of society to be visited

and who can assist in the smooth progress of the tasks at hand.

With regards to improving the judicial system, the question of improving levels of access to

justice gains utmost importance. It is important that the population has access to the Courts,

but not only that. Enabling citizens to sue and be sued, while having “physical” access to the

Court, does not necessarily mean guaranteed access to justice.

The access to justice also means the possibility of access to Court and to get a fair trial there. In

addition to issues relating to the functioning of justice as a whole, including the judge’s

impartiality, the Courts independence and the Court’s proximity regarding the individual, one

must take into account the need of the person and his cause be properly represented at trial.

Fundamentally, it is not enough for the defense to be formal, but is indispensable that it is

effective and technically appropriate. Quite often an individual does not always have the

economic means to afford the process, especially regarding the cost of the attorney’s fees.

It is therefore necessary that the State take all measures to assure the people’s access to justice,

making every effort to minimize problems arising from the individual’s lack of financial means.

We know that justice is for social peace, a factor in the development of society and equal rights

to the oppressed, and this is essential for reinforcing the Democratic Rule of Law.

To improve the level of access to justice in Guinea Bissau, particularly for those in impoverished

economic situations, the following measures will be taken:

a) The regulation of Legal Aid through the review of Legal Costs, ensuring that those who

are in serious financial difficulties are exempted from the payment of fees, while creating

oversight mechanisms and sanctions for those who make false Statements in order to

improperly use the benefits;

b) Regarding the enforcement of the payment for ex officio fees, the State will assume the

commitment of paying the ex officio fees, thus acknowledging the Lawyers’ valuable

performance in situations in which the State was not able to provide legal aid to a citizen;

2- ACCESS TO JUSTICE:

“Ensure the people a delivery of technically legal service, not only in the form of legal

representation, but also in counseling and legal advice, with an individual’s economic situation

not posing any obstacle to obtain these services.”

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c) The implementation of the Office of Legal Information and Counseling, under the

Ministry of Justice, with the goal of providing the to the more vulnerable citizens legal

advice and representation in court, forbidding the collection of any payment or fee. The

technical service to be exercised in this Cabinet will be conducted by Jurists and Lawyers

hired and trained for this purpose and selected preferentially by the Judicial Training

Centre. They will exercise their duties with independence and technical guarantees, with

a right to exclusivity to the Office of Consultation and Legal Assistance. The Office of

Legal Information and Counseling and the professionals associated to it are forbidden to

charge any amount to needy citizens for services rendered, including not entitled to any

payment by way of ex officio, since their work is already paid for by salaries received from

the Ministry of Justice;

d) Support the establishment of a legal aid service within the bar association, a service that

will provide legal advice and legal representation in criminal and civil areas, through the

organization of lawyers assigned to this service

e) Building partnerships with civil society organizations targeting the legal department and

citizens’ rights, in particular to provide information services to the needy, counseling,

screening and targeting services to the most appropriate legal or juridical services.

The State’s commitment to justice should not be restricted only to the judicial aspects, that is,

what happens in the Courts. Conflict resolution by a criminal court represents the last instance

of a stage, which should have preferably been settled as soon as possible, particularly in cases

that seek to implement Human Rights, Women’s rights, Children’s rights and Individuals’

Rights. The judicial process should be the last step in resolving conflicts and solving

inequalities, with the State striving to solve these problems without the need for judicial

intervention.

The existing tools available to the State to resolve such situations are the law and information,

while voluntarily complying with the law. Evidently, this is a guiding principle of any

Government action to Legality. The State’s conducts are guided by law, and any deviation

should be corrected by appropriate measures. Thus, the State should create the necessary laws

to enable the development of the country, the reduction of inequality and the full access to

citizens' rights. The State’s supervisory work is vital, guaranteeing the effectiveness of the laws

created, but it is also important that the State itself respects what it has created.

By elaborating the law and its implementation and enforcement, the public power will play a

key role in decreasing social problems. And all social problems (financial, gender, exploitation,

etc...) represent the lack of Justice or at least its malfunctioning and inability to deliver social

equality foreseen by the law. Thus, access to justice begins with the State’s initial action,

whether in the legislative sphere, in the exercise of its Police Power or in the voluntary

enforcement of the laws it created. As long as there is a large and widespread inequality, one

cannot talk about a fair country. The Government should be mindful that the Justice Sector is

one of those responsible for change and social development in the country, especially in cases

that the State, through its police power, was unable to solve.

The distribution of justice begins with information dissemination, which is vital to correct the

distortions and implementation of the Law. Without knowing one’s rights, unaware that a

particular conduct is contrary to one’s fundamental rights and without knowing the

mechanisms, formal and informal, to settle conflicts and for protection, citizens cannot seek the

State’s support, with the indefinite and lasting vulnerability of individuals.

3- ACCESS TO RIGHTS THROUGH INFORMATION:

“Complement the measures foreseen in the Policies for Access to Courts and Access to Justice,

efforts to disseminate relevant information concerning the rights of every individual and imple-

ment measures to enable the effective fight against practices that violate human rights, Women’s

and Children’s Rights.”

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While informing the citizen’s rights, the dissemination campaigns serve to warn society that

certain conducts will not be tolerated by the State and that it is a legal violation with legal

consequences. Thus, in a coordinated and planned manner with the other Policies, several fronts

will be simultaneously addressed: information to all, community awareness and punishment to

the offenders.

Special attention will be given to “Information Campaigns” regarding Human Rights, Women’s

Rights, Children’s and Adolescents’ Rights and the people’s rights. In the drafting and

implementation of “Information Campaigns”, one cannot fail to understand the nature of

synchronization and integration provided in this Policy. Thus, the “Information Campaigns” will

reach the people, the social workers able to implement the suggested changes, as well as the

legal community.

Evidently, this campaign will not be directed at all of the audiences mentioned above, but each

one specific to the recipient, respecting their intellectual and social limitations, because if the

disclosure to the legal community can be made through updating courses at the Judicial

Training Centre, with a detailed study of the topic’s legal underpinnings, the dissemination to

the poor community must be done using accessible language or methods, concentrating on the

practical aspects at the expense of legal nuances.

The aim is thus to create a legal awareness in the community, so that basic rights are respected,

Citizen’s rights valued and demonstrating the importance of certain acts for society. Only then,

will a fairer society be built, because decreasing disinformation will contribute to the search of

the most appropriate protection of fundamental rights, greater State demands and the adoption

of better practices by all.

Furthermore, accordantly and harmoniously, traditional practices that violate human rights

will be combated, namely Human Rights of Women and Children. The State will no longer

tolerate the so-called harmful practices, with greater public awareness against such practices.

At the same time, legislative changes will be made, which are necessary and appropriate to

enforce the actions promoted.

It is important to broaden discussions and interaction with the Legal and Academic community,

as well as Social Organizations in order to better define the needs and directions of the Policy

for the Justice Sector, for it to be in harmony with social expectations and the new challenges

society faces, by periodically correction the challenges, objectives and methods proposed.

Social engagement on issues related to justice is extremely important not only to help modify

undesirable behaviors, but also as the first option for resolving disputes concerning rights or

semi-public crimes.

The voluntary submission of disputes before a local authority or community contributes

significantly to social peace, while decreasing the number of pleas in the formal justice, hence

enabling it to concentrate on technically complex issues and the more serious crimes.

Moreover, the local community, in many cases, is better suited to understand and properly

assess certain behaviors than in a Court composed of technicians who do not know the regions’

particularities. Therefore, the existence of a Traditional Justice or Community Justice should

not, for the time being, be ruled out by the State, since it can play a supporting role to set up

justice and social peace.

Obviously, limits must be foreseen for the Traditional Justice’s exercise of power, with regards

to the exercise of jurisdiction, hence limited powers and the respect to human rights and the

country’s laws.

Thus, with regard to community participation to achieve justice, actions that will privilege the

exercise of Traditional Justice will be supported, including the creation of alternative forms of

dispute resolution.

With regards to Traditional Justice, to fully understand, it is essential to continue studying and

researching, taking into account the peculiarities of each ethnic group, as well as a compilation

of data and practices of each one of them.

Only with studies on Traditional Justice will the State be able to take measures to encourage

this mode of conflict resolution, while restraining the solutions adopted by the community that

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violate the country’s laws. Moreover, it will fully take into account the common law as a source

of law, and elaborate “manuals” to support its dissemination and facilitate its application by the

Sector Courts.

The community will solve Formal disputes by means of the Traditional Justice. The State will

develop alternative forms and non-judicial conflict resolutions, namely commercial trade issues,

encouraging consensual solutions to the detriment of impositive or tribunals procedures. To

establish the best alternative solutions to conflict, studies will be conducted with research

institutions, particularly in collaboration with the Law School and the Judicial Training Centre.

SUPPORT