Guinea is a country located in West Africa and is bordered with Guinea-Bissau, Mali, Senegal, Sierra Leone, Cote d’Ivoire (Ivory Coast) and Liberia as well as having a coast along the Atlantic Ocean. The country’s capital city Conakry is found on the coast. Some name the country Guinea-Conakry to not get it confused with Guinea-Bissau and Equatorial Guinea.
The area that is today the country of Guinea was controlled or influenced by various African Kingdoms and Empires before European colonists arrived, such African Kingdoms and Empires included the Sosso Kingdom, Mali Empire, and Songhai Empire among others. The fall of the major African Empires and failure to control the remnants lead to the land splitting into many African kingdoms.
European traders arrived in the area during the 16th Century and from the mid-19th Century the French military would penetrate and invade the lands and violently conquer them by 1898, the land was then divided up between European powers during negotiations conducted by the French which created the Territory of Guinea or French Guinea which was a part of French West Africa.
After the French Fourth Republic collapsed and a Fifth Republic was created the French colonies were given a choice of more autonomy a part of the French Community or Independence, which would be decided via a referendum, Guinea voted for full independence which it was given in October 1958 with Sekou Toure as President. The French withdrew from the country but not before taking much of what they could with them, including plans to build sewage pipelines in Guinea’s capital and destroying other things, such as medicines.
After this Guinea aligned itself with the Soviet Union adopting similar Socialist policies but this did not last long as the country then instead moved towards a Chinses model of Socialism. From 1960 Toure banned all other political parties and ruled the country for a 24-year-period, of which time political dissent was crushed and the press was stifled, vast nationalization of the country begun, which strained relations with France and French corporations.
In November 1970 Portuguese forces from the then neighboring Portuguese Guinea (modern-day Guinea-Bissua) launched an amphibious attack on Conakry using exiled Guinean opposition forces, with a goal of either capturing or killing Toure due to his support of an independence movement and rebel group that carried out attacks on the Portuguese colony from bases in Guinea. The operation, called Green Sea, was not a total success as fierce fighting eventually forced the Portuguese-backed forces out, although not before they had released some prisoners of war held by the independence group. Years following the operation saw Toure launch a violent crackdown against opposition in Guinea, killing an estimated 50,000 people.
The declining economic situation in the country combined with mass killings and the political atmosphere led to the Market Woman’s Revolt in 1977 that led to major reforms by Toure such as closer relations with the United States away from the Soviet Union and economic reforms, but Toure kept centralized control of Guinea. Relations with France also improved. Toure would die after a heart operation in 1984, this later led to a bloodless coup that put Lansana Conte in power under military rule. Conte denounced the human rights abuses of the former regime, released political prisoners and encouraged 100s of thousands of those exiled from Guinea to return, but although he promised a return to civilian rule, he nonetheless kept a tight grip on power in the country and intimidation of opposition continued and he also changed the constitution in 2001 to enable him to run for President for a 3rd term.
Conte remained in power until his death in 2008, only several hours after his death a coup took place with Moussa Dadis Camara seizing power and ruling via a military junta, protesters against the coup were shot dead by the military in the streets the following year, killing over 150. Soldiers also raped and mutilated those who showed dissent, causing many countries to condemn Guinea and withdraw support from the regime. Camara was later shot by an aide over disputes over the soldiers rampage leading to him being taken to Morocco for medical care, Vice-President Sekouba Konate took power in his place. Then in January 2010 Camara, Konate and the President of Burkina Faso Blaise Compaore drew up a statement that promised the return of civilian rule within six months.
Elections in June were held but fresh elections were then held again in November due to allegations of electoral fraud, after this opposition leader Alpha Conde, who was exiled from Guinea by Conte, was elected president. The country continues to face economic, political and social problems as well as threats from Islamic insurgents and disagreements over the electoral process.
The three largest ethnic groups in Guinea are the Fula, Mandinka and Susu, the official language is French and the largest religion is Islam. The country’s currency is the Guinean franc and the country’s population is over 13,280,000.
Government Type
There is a President who is Head of State and a Prime Minister who is Head of Government. The unicameral parliament makes up Guinea’s legislative government. Multiple parties are allowed. Political parties cannot identify themselves to a race, ethnicity, religion or region, they must also respect the principles of national sovereignty, democracy, territorial integrity and public order.
Executive Government
President and Duties
The President is the Head of State with vast powers over the executive government. He also represents the country abroad and conducts foreign affairs.
Former Presidents of the Republic ranked before the President of the National Assembly in order of the seniority of their mandate, former Presidents of the Republic can be given special missions by the President of the Republic. Former Presidents of the Republic also benefit from material advantages and certain protections.
The President of the Republic presides over the Council of Ministers, the top decision-making body of the executive government. The President sees respect for and enables enforcement of the Constitution, international agreements, laws and decisions of justice. It is the job of the president to ensure regular functioning of public powers and the continuity of the State. The President determines and controls the conduct of the policy of the Nation.
The constitution also states that the President is above political parties which I assume to mean he is expected to act in a multi-partisan manner.
The President has at his disposal the regulatory power which he exercises by decree. By decree the President establishes attributions to the Ministers and can also delegate parts of his powers to the Prime Minister. The President appoint in the Council of Ministers to the civil offices, the President appoints the Ministers.
The President is the Commander-in-Chief of the country’s armed forces (Head of the Armies), with a duty to be responsible to the defense of the nation. The President presides over the Superior Council of National Defense. The President appoints to all of the military offices.
As well as National Defense the President can also have the Army involved in the country’s economic development and all other tasks of public interest within the confines of the law.
On foreign and diplomatic relations and affairs the President accredits ambassadors and envoys to foreign powers and ambassadors and envoys from foreign powers are accredited to the President.
The President has the right to pardon from the law.
The President makes an annual state of the nation address to the National Assembly. The President can at any time address other messages to the Nation or National Assembly, those addressed to the National Assembly are read by a Minister.
After consultation with the President of the National Assembly, the President of the Republican can submit to referendum any legislative bill that concerns the organisation of public powers, the promotion and protection of the fundamental freedoms and rights, or the economic and social action of the State, or for ratification approval of Treaties.
If the National Assembly adopts a resolution by at least two-thirds of members to submit a referendum on any of law that concerns the organisation of the public powers or fundamental freedoms and rights, then the President of the Republic must submit the referendum. Before convoking a referendum, the President submits the bill in question to the Constitutional Court to make sure it conforms with the Constitution, if the court rules it does not conform then the bill cannot go to a referendum.
Presidential Incapacity or Absence
If the President is deemed definitively incapacitated due to mental health or illness or declared absent due to death, resignation or other incapacity then the President of the National Assembly will become temporary interim leader of the country unless he is impeded by one of the Vice-Presidents of the Assembly or by a group of at least one-quarter of the National Assembly. Fresh presidential elections are organised.
The Interim President has most presidential powers apart from right of recourse to a referendum, ability to dissolve the National Assembly, to put forth changes to the Constitution and right of pardon.
Prime Minister and Executive Government
The Prime Minister is appointed by the President, usually from the largest party or majority group after parliamentary elections. The President has the power to dismiss and replace the Prime Minister. It is the duty of the Prime Minister as Head of Government to direct, control, coordinate, and stimulate the action of the Government. It is also important for the Prime Minister and his Government to keep the confidence of the National Assembly to remain in power.
The Prime Minister will propose the structure and composition of his Government to the President of the Republic. The President appoints and terminates the Ministers of Government after consultation with the Prime Minister. Members of Government cannot be members of the National Assembly and must resign their seat when appointed to the Government, they also cannot perform any public or private professional renumerated activity.
Members of Government are responsible to Government Departments that control specific agenda and activities and their regulations and policies as well as the composition and structure of these departments, these members of Government and their departments are responsible to the Prime Minister. Members of Government and the Prime Minister are collectively responsible to decisions of the Council of Ministers.
After the Prime Minister is appointed they will make a Declaration of General Policy to the National Assembly that will include a debate but no vote.
The Prime Minister appoints to all civil offices in the Government administration that is not reserved to be appointed instead by the President of the Republic. The Prime Minister assures the execution of laws and decisions of justice, via regulatory powers. The Prime Minister is responsible to promoting social dialogue and seeing the application of agreements with social partners and political parties.
The Prime Minister also presides over the Inter-Ministerial Councils and presides over all ministerial meetings, although can designate a Minister in his place. The Prime Minister can delegate certain of his powers to the Ministers.
The Prime Minister and Government presents the annual Law of Finance, which is the state budget, to the National Assembly. If it is not voted through within set time periods the Law of Finance can be definitively established by Ordinance or decree while taking into account amendments suggested by the National Assembly that are accepted by the President of the Republic.
Judicial
The Supreme Council of the Judiciary is the top decision-body of the judicial branch. It is presided over by the President of the Republic and its members include the Minister of Justice as its Vice-President; the First President of the Supreme Court; the General-Procurator before the Supreme Court; one First President of the Court of Appeal designated by their peers; one magistrate of the Central Administration of the Ministry of Justice designated by their peers; six magistrates elected by the General Assembly of the Courts of Appeal; one President of a Tribunal of first instance, designated by their peers; one Procurator of the Republic, designated by their peers.
The Constitutional Court is made up of nine members who are at least 45-years-old and chosen on good morality. Those chosen include two notable persons based on their probity and wisdom, one of whom is proposed by the Bureau of the National Assembly and the other proposed by the President of the Republic; three magistrates who have at least 20-years of practice designated by their peers; one lawyer having at least 20-years of practice elected by their peers; one teacher of the Faculty of Law bearing at least a doctorate in public law and having experience of at least 20-years, elected by their peers; and two representatives of the National Institution of Human Rights recognised for their long experience.
The above members elect a President of that court and all serve 9-year terms that cannot serve again, members of the court are renewed every 3-years in thirds. The Supreme Court can judge the members of the Constitutional Court for crimes.
Presidential Removal
The President of the Republic can be removed from office due to incapacity down to mental or physical reasons or for reasons such as High Treason. On the case of High Treason, the decision is made by the High Court of Justice, which is a body for prosecuting public officials such as the President, Prime Minister and other members of Government.
The High Court of Justice includes one member of the Supreme Court, one member of the Constitutional Court, one member of the Court of Accounts, and finally six Deputies elected by the National Assembly.
Putting a public official such as the President before the court requires the National Assembly to impeach them, this is first brought about by a proposal from one-tenth of members of the National Assembly and adopted by at least three-fifths of members, if impeached the President or other public official will be judged by the High Court of Justice and if convicted will be removed from office, otherwise if not convicted they will resume their functions.
Emergency Provisions
After consultation with the President of the National Assembly and the President of the Constitutional Court the President of the Republic can decree a State of Siege or State of Urgency due to an extraordinary matter such as external attacks or threats and internal crises or disasters. The State of Siege or Urgency will limit certain rights and guarantees and give extra powers to authorities for a limited period of time to more effectively deal with the situation.
The President can declare a State of War if he/she has the backing of at least two-thirds of the members of the National Assembly.
Legislative Government
The National Assembly is the unicameral chamber that makes up the legislative government, it currently has 114 seats. Its main job is to receive legislative bills from the Government (via the President of the Republic) and from members of the National Assembly itself, and then to debate them, possibly amend them and either pass or reject them. Amendments to legislative bills can either be introduced by National Assembly members themselves or by the President of the Republic.
The President of the National Assembly is elected from among members for the duration of the parliaments term. The President of the National Assembly represents the National Assembly, regulates debate, determines agenda along with the parliaments Bureau and guarantees that internal rules of the National Assembly are followed by its members.
Extraordinary sessions of Parliament can be called on a specific agenda by either the President of the Republic or by a majority of the members of the National Assembly.
Legislation passed by the National Assembly is received by the President for promulgation. The President of the Republic within 10-days can demand a new deliberation of the bill by the National Assembly which cannot be refused, if the National Assembly passes the same bill again via a two-thirds majority then it must be promulgated by the President. Bills not promulgated within the set time period by the President will instead be promulgated by the Constitutional Court after the time period ends.
The President of the Republic or at least one-tenth of National Assembly members or the Independent National Institution for Human Rights can refer bills within the 10-day period to the Constitutional Court who will decide whether it conforms with the Constitution, if they rule it does it then the bill cannot be promulgated or applied.
Laws that are considered ‘organic’ can only be voted on or modified by a majority of two-thirds. All legislation considered ‘organic’ must also be reviewed by the Constitutional Court before being promulgated.
Ministers may be heard at any time in the National Assembly. The Government, Prime Minister or/and its members are required to answer written or oral questions proposed to them by the National Assembly on administration of the State. The National Assembly has the power to set up commissions of inquiry into matters.
If there is persistent disagreement over fundamental issues between the President of the Republic and the National Assembly then the President of the Republic can dissolve the National Assembly after consultation with the President of the National Assembly. This cannot happen before the 3rd year of the legislature and can only take place one time within a presidential term. Once the National Assembly is dissolved fresh elections are held within sixty days.
If the above elections elect a similar majority that is favourable to the previous majority that caused the disagreement before its dissolution then the President of the Republic must resign from office as it would be considered that the general public is unfavourable to his position matter.
The Constitutional Court may become involved if there is disagreement between the President of the Republic and President of the National Assembly on dissolution, in this case the court will make a final decision.
The Electoral System
Presidential elections happen every 5-years, one person can hold a maximum of two terms in office, either consecutive or not. The election uses a two-round system where a candidate requires an absolute majority to win, otherwise a 2nd round is held between the top two candidates which is won via simple majority.
To be a candidate for President one must be of Guinean nationality, enjoying their civil and political rights, in a state of good health that has been certified by a College of sworn doctors designated by the Constitutional Court, and the candidate must be at least 35-years-old. Candidates can only be presented by legally constituted political parties and only one candidate presented per party.
The outcomes of presidential elections can be challenged and the Constitutional Court will decide within 3-days whether to annul the outcome of the election and hold fresh elections.
Parliamentary elections happen every 5-years. One-third of members are elected from single-seat electoral circumscriptions using a first-past-the-post system and the other two-thirds of members are elected from a national list via a proportional representation system, parties reaching a certain national quota of the vote are guaranteed seats, remaining seats are allocated via a proportional system of greatest remaining percentage.
Candidates must be citizens who are at least 25-years-old and must be presented by legally constituted political parties.
To vote one must be a citizen of Guinea who is at least 18-years-old. The constitution alludes to voting in elections being compulsory but whether this is enforced or not is not known.
Sources
The information for this post comes from Guinea’s 2010 constitution (constituteproject.org) and so should be as up to date as possible but of course there is a chance I missed some things and misinterpreted other things and also the constitution can be amended at any time and so this may eventually become outdated, so if using this in a serious capacity cross-research is encouraged.
NOTE: In December 2019 the current President Alpha Conde announced a new constitutional draft which was adopted in a national referendum but it is not known when it will be officially enforced. The changes include resetting the presidential term limits meaning Conde can be re-elected for a 3rd term and increasing presidential terms from 5 to 6 years, which has been seen by some as undemocratic, and other changes related to this post include making it so no one gender makes up more than two-thirds of government institutions and lowering the parliamentary age of candidacy from 25 to 18-years of age.
Changes to the constitution are proposed either by the National Assembly or the President of the Republic, consideration of the constitutional change is agreed by a simple majority of the National Assembly and then requires after the consideration process a national referendum to adopt it, although a referendum can be avoided if the President of the Republic directly to the National Assembly where they will require a two-thirds majority.
Next up will be another Guinea, but also completely different and independent from this Guinea. It is going to be the Government system of Guinea-Bissua.
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