Guinea-Bissau
Guinea-Bissau is one of the few States that does not explicitly define an act of terrorism in its domestic criminal law, but in a dedicated law on terrorism financing of 2018. Its Criminal Code does define and prohibit a terrorist group, criminalizing actions in relation to any such group.
The Definition of Terrorism in Domestic Law
The 2018 law on terrorism financing defines an act of terrorism as follows:
a) An act which constitutes a breach of the provisions of one of the international legal instruments listed in the annex to th[e] law;
b) Any act intended to kill or seriously injure a civilian, or any other person who does not directly participate in hostilities in a situation of armed conflict, when, by its nature or context, aims to intimidate a population or oblige a Government or an international organization to practice or refrain from doing any act.Art. 1(1), Law No. 3/2018 on terrorism financing.
Guinea-Bissau defines a terrorist group, organization, or association as follows:
A group of two or more persons who, working in concert, seek to affect the national integrity or independence, to impede or alter or subvert the functioning of the organs of the State foreseen in the Constitution, to force a public authorities to do or abstain from an act or to tolerate a certain action, or to intimidate certain persons, groups of persons, or the population in general by means of a criminal offence.Art. 203(2), Criminal Code of Guinea-Bissau.
Adherence to Global and Regional Terrorism Treaties
Guinea-Bissau is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Guinea-Bissau is also a State Party to both of the African Union treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | State Party |
Laws and Penalties for Terrorist Offences
According to the Criminal Code of Guinea-Bissau, the funding, promotion, creation, or direction of a terrorist group is punishable by a term of imprisonment for between five and twenty years.Art. 203(1), Criminal Code of Guinea-Bissau.Joining such a group carries a punishment of between three and fifteen years in prison.Art. 203(3), Criminal Code of Guinea-Bissau.In addition, certain predicate offences, such as hostage-taking or hijacking, are punishable under the ordinary criminal code.
Counterterrorism Capacities and Policies at Domestic Level
The domestic terrorism threat is said to remain low despite the arrest of two men suspected of links to al-Qaeda in the Islamic Maghreb (AQIM) in Bissau in 2016 and 2019.
The Public Order Police (POP) and National Guard of Guinea-Bissau are responsible for internal security.
Glossary
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