Constitution in Guinea: controversy over differences between the voted text and that published

A poster of the referendum campaign supporting the reform of the Constitution in Conakry, February 27, 2020. REUTERS / Stringer

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Several civil society organizations denounce a gap between the text approved by the Guineans during the referendum of March 22 and the text which was published in the Official Journal on April 14, 2020. At the head of this sling, is the Bar Association who denounces “a legal delinquency” and requests the withdrawal of the Basic Law.

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A total of 21 changes were made. Two changes hold the attention of several lawyers. First, the possibility for independent candidates to run for elected office disappears. It was an innovation of the text submitted to referendum on March 22. According to the new Constitution, you must belong to a political party and be sponsored by voters to be a candidate in an election.

Furthermore, the new text strengthens the powers of the president, by endowing him with regulatory powers. It is therefore up to the Head of State, and not the Prime Minister, to sign decrees on the territorial level. "  It is a presidential regime  ," warns an expert, who is surprised to see such differences between the text approved by the Guineans and the Basic Law, as posted in the Official Journal.

The Bar Association denounces "  an offense of forgery in public writing  " and requests the withdrawal of the text. Requested by RFI, the Minister of Justice has not yet wished to communicate. The Minister of Hydraulics, Papa Koly, this weekend put this situation into perspective: according to this official of the RPG, no final version was submitted to the people, because the text was in perpetual modification, before and after its adoption.

The project which was proposed to the people, at the announcement of the Official Journal, is modified or falsified. We ask that this constitution which is falsified be withdrawn. What the people voted for is there for the people, on behalf of the people.

Abdoulaye Kourouma

Moktar Bah

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