Guinea-Bissau: Draft Constitution Strengthening Presidential Powers Not Unanimous

The August 30 Referendum

The transitional authorities in Bissau have scheduled a pivotal referendum for August 30, aiming to ratify a new Constitution. This document, formally presented by the President of the National Transitional Council, is framed as an effort to "clarify the balance of power" within the nation's governance structure. However, its core proposal involves a fundamental shift from Guinea-Bissau's current semi-parliamentary system to a robust presidential one, which would significantly enhance the authority of the head of state.

This proposed constitutional overhaul is not without its detractors, drawing sharp criticism from various segments of Guinea-Bissau's political class and civil society. A primary point of contention is that the new Constitution was conceived and drafted by an unelected transitional government, leading to accusations of a "forced passage" of reforms. Proponents of the new text, primarily the National Transitional Council, argue that these changes are necessary to "avoid political blockages," a rationale frequently invoked in countries grappling with chronic governmental instability.

Presidential Powers

Under the provisions of the proposed Constitution, the President of Guinea-Bissau would acquire unprecedented control over both the executive and legislative branches of government. A key alteration is the President's newfound ability to appoint and dismiss the Prime Minister independently, without needing to consider electoral results or the composition of majority political forces in the National Assembly. This effectively marginalizes the parliamentary process in the formation and stability of the government, centralizing decision-making power.

Furthermore, the President would be granted the authority to dissolve the National Assembly in situations deemed a "deep political crisis." This broad and potentially ambiguous term could be subject to varied interpretations, raising concerns about its potential for misuse to circumvent legislative oversight. The proposed changes also include a significant reduction in the number of deputies in the National Assembly, nearly halving them from 102 to 65. This reduction, coupled with a new provision allowing for the dissolution of smaller parties that fail to secure at least 4% of votes in legislative elections, could further consolidate power among a few dominant political entities, potentially stifling political pluralism.

The 2025 Transition

The current political landscape in Guinea-Bissau is a direct consequence of a military takeover that occurred on November 26, 2025. This coup d'état led to the ousting of the then-outgoing President Umaro Sissoco Embalo and the immediate suspension of the ongoing presidential and legislative electoral processes. In the aftermath, General N'Tam, identified as a close associate of the former president, was appointed to head a one-year transitional government, tasked with steering the country towards a new political order.

It is this transitional government that is now spearheading the controversial constitutional reform, with the August 30 referendum serving as a precursor to a presidential election scheduled for December 6. The unconstitutional change of government in November 2025 prompted swift condemnation from regional and continental bodies. Both the Economic Community of West African States (ECOWAS) and the African Union responded by suspending Guinea-Bissau from their respective institutions, underscoring the international community's concerns regarding democratic backsliding and the erosion of constitutional order in the West African nation. This ongoing transition period, marked by military intervention and proposed fundamental constitutional changes, places Guinea-Bissau at a critical juncture for its future governance and stability.