: Guinean Legal System and Research
By Ibrahima Sidibe
Ibrahima Sidibe is Professeur de Droit at the Université General Lansana Conte de Sonfonia-Conakry, Departement Droit Public Et d'Anglais, Centre Universitaire de Kindia, Kindia, Republique de Guinee, West Africa.
Published March 2008
Table of contents
Ministry of Economy, Finance and Planning
Ministry
of Interior and Security
Ministry of economic and
financial control, the ethics and transparency
Ministry of social affairs, the status of women and children
Ministry of Foreign Affairs
of the Cooperation and the African Integration and of Guineans abroad
Ministry of transports
Ministry of Education and Scientific Research
Ministry of Agriculture, Breeding, Environment and Water and Forests
Ministry
of Employment, of the Public Service and Reform of the Administration
Ministry of Communication
and New Technologies of Information
Ministry of Fishing and Aquaculture
Ministry of Justice
and Human Rights
Ministry of Industry, Commerce, Tourism
and Handcrafts
Ministry of Energy and The Hydraulic
Ministry
of Youth, Culture and Sports
Ministry of Public Works, Urban Development
and Housing
General Secretariat of Government
General Secretariat of Religious Affairs
Organization of the National of Assembly
Procedures of electing Members of Parliament
Prerogative of the National Assembly
Functioning of the National Assembly
Tribunal of the First Instance
Chamber of Arbitration of Guinea
Appeal for Annulment or Cassation
Jurisdiction in Civil Proceedings
Means of Redress in Civil Proceedings
Taking issue with a Judge 'prise à partie'
Guinean law publishers, Law schools and Websites
The Guinean Constitution known as the Fundamental Law adopted in referendum, December 23rd, 1990 and promulgated by the Presidential Decree n#250/PRG of December 31,1990 and amended in referendum, November 11, 2001 is the one in force. It has 96 articles regrouped in 12 titles (Chapters): Title I, the Sovereignty; Title II, the Rights, Fundamental Freedoms and duties; Title III, the President of the Republic, Title IV, the National Assembly; Title V, Relationship between the President of the Republic and the National Assembly; Title VI, Treaties and International Accords; Title VII, the Judicial power; Title VIII, the High Court of Justice; Title IX, Economic and Social Council; Title X, Local governments; Title XI, Constitutional Review; Title XII, Transitional Provisions.
This Constitution has some particularities that need to be mentioned[1]: it, as reviewed on November 11, 2001, asserts Guinea's adhesion to the ideals and principles of the United Nations, the Charter of the Organization of the African Unity (now, the African Union), the Universal Declaration of Human Rights. It guarantees the separation of powers and dedicates 18 articles to the rights and duties of the citizens. The Presidential power is comparatively exorbitant. It provides no position of Prime Minister, even though we have witnessed the nomination of four different Prime Ministers by the present President of the Republic, General Lansana Conte, who came to power through a military Coup d'Etat, April 3rd, 1984. It provides for the possibility of the National Assembly being dissolved by the President of the Republic.
This makes difficult to determine the political regime of Guinea with regard to the classical regimes such as presidential regime and parliamentary regime, even though it is regularly associated to the former. We know that the presidential regime is characterized by a rigid separation of powers, none of which can dissolve the other. In Guinea, the President of the Republic is naturally preponderating like any other presidential regime, but here he has the capacity of dissolving the parliament after the rejection of his proposed bill. However, after the election of the new parliamentary, if the new Members of the Parliament adopt the same position as the previous ones, the President of the Republic will have to resign.
Those specificities of the Guinean regime make it a little different from the presidential regime to which it is associated. To be associated does not mean to be the same.
This Constitution, as mentioned before, provides for the separation of the powers of Government. As it will be observed there are discrepancies in this separation, hence the necessity of discussing the powers of the Government.
This work shall mainly be built around three parts: Executive power (I); the Legislative power (II) with annex; and the Judicial power (III) with annex; to be completed by the Guinean law publishers, Law schools and Websites (IV)
It is led by the President of the Republic who is elected for seven years unlimitedly renewable and eventually a Prime Minister.
His status and prerogative are provided by the Constitution
1 Status of the President of the Republic
He is the first personality of the State; he is politically no responsible for acts accomplished in exercise of his duties. He can only be brought to justice (the High Court) for high treason (Haute trahison). In case of vacancy of power (for impeachment, physical incapacity or death), the President of the National Assembly (the Speaker of the Parliament) takes over as the interim President. If the latter is also impeached, physically incapable or dies, one of the four Vice-Presidents of the National Assembly by order of precedence is designated to be the interim President.
The interim President will exercise the power for not more than sixty days during which fresh Presidential election will be held. Within that period the Interim President cannot hold any referendum, he can neither dissolve the National Assembly nor take the initiative of the constitutional amendment. He cannot exercise the Presidential pardon.
The former Presidents of the Republic come after the President in Office in official ranks. They are, by right, members of the Economic and Social Council.
2 Prerogative of the President of the Republic
He is the custodian of the Constitution, the guarantor of the national independence, territorial integrity and the respect of international treaties. He appoints Guinean diplomatic representatives and receives foreign ambassadors accredited in Guinea. He is the head of the army and exercises exceptional authorities. He can submit to referendum bills in limitedly determined areas for adoption. He can take the initiative of bills to be submitted to the parliament and the constitutional review. He appoints and dismisses Ministers and other administrative officials; determines and conducts general policies of the nation. He has at his disposal the authority of regulation He can dissolve the National Assembly once certain conditions are met. He has authority of executive clemency. He is the President of the Superior Council of the Judges. He has the authority of seisin the Supreme Court for the control of constitutionality of laws. He appoints the President of the Supreme Court, the President of the National Council of the Communication as well the President of the Economic and Social Council. His Mandate is incompatible with any other occupation, be it public or private.
The Guinean Constitution, as mentioned before, does not expressly provided for the position of Prime Minister, however Guinea has had since the taking over of the power by the army four different Prime Ministers. They have been appointed on two main grounds.
1 Article 39 of the Fundamental Law
This Article stipulates that the President of the Republic appoints Ministers.He can determine by decree the prerogative of every Minister. He can delegate part of his authorities. The ideologists interpreted this article as allowing the President of the Republic to appoint a Prime Minister to assist him in carrying out his responsibilities.
A jurist consult, M. Alhassan Makanera KAKE stated that the constitutional practices in Guinea combined with the interpretation of article 39 gives the constitutional ground for the post of Prime Minister in Guinea.[2]
The constitutional practices show that Prime Ministers have been appointed without the position being provided by the Constitution. For instance the Presidential decree 113/72/PRG of April 26 1972 appointed a Prime Minister who was not the Head of government. After the change of Regime in 1984 through a Coup d'Etat, a Prime Minister, Head government was appointed. The post was to be scratched out on December 18, 1984 to be re-established by Presidential decree n# D96/098/PRG/SGG of July 9, 1996, the Prime Minister, Mr. Sidia Toure, being in charge of Economy and Finance portfolio. Later in 1999, a new Prime Minister, Lamine Sidime, was appointed only to be responsible of coordinating the actions of the government. In 2004 another Prime Minister, Francois Lounseny Fall, was appointed but resigned few months later.
All these Prime Ministers except the one before the adoption of the Constitution, as observed, were appointed on the ground of article 39. But the current Prime Minister, Lansana Kouyate was appointed on different ground.
2 The general strike of the beginning of 2007
At the beginning of the year 2007, Guinea was confronted with a general strike she had never pictured in the recent history of the nation. According to the report of Human rights organization, it claimed about 183 lives including largely among civilians. It was called up by the main Trade Unions. The agreement reached on the January 27, 2007 quelling the unrest provided for the appointment of a Prime Minister, Head of government. The government was consequently restructured from 32 cabinet Ministers to 18 and 3 General Secretariats.
Here is the composition of that government, known as the Government of large consensus, as stipulated by the Presidential decree D/2007/ 041/PRG/SGG of March 14, 2007, published in the Journal Officiel de la République (JORG), the Officiall Gazette of March 20, 2007:
The Ministry of Economy, Finance and Planning's mission is the conception, implementation and monitoring of government policy in the economic, financial and budgetary matters as well as programs of economic and social development. As such, it is particularly in charge of conceiving, planning and monitoring the policies and programs of economic, social and cultural development of local government - scheduling public investment - ensuring the collection, centralization and dissemination of statistical and economic information - to organize national censuses; - participating in the organization of joint commissions - organizing and supervising Public Accounts and the Treasury - negotiating and signing all funding received by the State and Local Government;- ensuring management of aid and other funding from international agencies - managing internal and external debt - ensuring the development, implementation, monitoring and administrative control of the annual budget of the Government - to develop and implement the Government's policy of Tax and Customs -developing and monitoring the implementation of the technical and financial budget for investment and operation - regulating and approving public procurement; - ensuring financial management of the portfolio and Heritage of the State; - organizing and controlling gambling - coordinating joint commissions to monitor the management of public buildings- participating, in collaborating with the Ministry of Urban Development and Housing, the land conservation, land registry and management of public property - conceiving and implementing Government's policy of participation, restructuring and disengagement in semi-public sector.
The Ministry of Public Health's mission is: the conception, development and implementation of government policy in the field of Public Health. As such, it is particularly in charge of - conceiving the rules on medical and health matters - conceiving strategies of intervention in national health - ensuring the coordination and technical control of primary health care, traditional medicine and hospitals, laboratories, pharmacies and food centers - proceeding with the planning and programming of public programs and development projects in the short, medium and long term of the Ministry - Ensuring the supply of Health Services of drugs and specialized equipment - identifying needs and participating in the training of health care workers - providing the local authorities with all the assistance necessary to the establishment and equipping of health facilities - promoting operational research to solve health problems.
The
Ministry of the Interior and Security's missions are as follows: the
development, implementation and monitoring of government policy in the areas of
the Territorial Administration, Decentralization, Public Freedoms, Humanitarian
Assistance and Security.
As such, it is particularly in charge of: organizing, promoting and
coordinating the services of the Territorial government - guaranteeing civil
liberties determined by the Fundamental Law and general regulations -
conceiving and implementing decentralization, reform on Local Administration,
the exercise of guardianship of the state on local communities and promote
development at the grassroots - organizing elections - coordinating and
implementing humanitarian affairs; - maintaining order, the security of persons
and their property as well as internal and external security of the state
-implementing legislative and regulatory Acts relating to the safety of persons
and property and maintaining public order; - for the prevention and the fight
against organized crime, economic and financial crime as well as terrorism -
coordinating and strengthening the fight against urban and cross-border crime
and the fight against drugs and the proliferation of small arms and illicit
trafficking along the borders - implementing the laws and regulations in the
context of civil protection, environmental protection, prevention and relief in
the event of natural disasters in conjunction with the departments concerned -
coordinating all operations of intervention in the context of fire fighting,
accidents, disasters and catastrophes.
The
Ministry of Economic and Financial Control, of the Ethics and Transparency's
missions are: the conception, development and implementation of government
policy in the areas of Economic and Financial Control of promoting good governance
and combating corruption.
As such, it is particularly in charge of: Developing and implementing the
National Program for the Promotion of Good Governance (PNPBG) - developing and
overseeing the implementation of government policy in terms of control as
Institution Superior Control of the state - ensuring the implementation of
economic and financial policy established by the Government - ensuring
compliance with the laws, regulations and instructions governing the
administrative and financial functioning of the accounting of government
agencies and semi-public organization; - contributing to the betterment of the
mobilization and securing of resources on the one hand, and the rationalization
of public expenditures on the other - to identify and propose measures to
improve the efficiency and 'efficiency of the economic and financial management
of the state - giving its opinion on the content of agreements and other
obligations of the state in economic, financial and tax before their signatures
- ensuring the ongoing operations financial state, administrations and public
institutions, local authorities, other public bodies and, in general, all
entities that receive public assistance or loan, advance, Grant, Downstream,
guarantee or capital - participating in the development of economic, financial
regulation and accounting applicable to the State, public institutions, local
governments and other public agencies - evaluating the performance of systems
and supervisory bodies - evaluating the execution of financial transactions of
government and public institutions and, in general, all entities receiving
public funds - ensuring the compliance with the rules governing mechanisms of
economic and monetary policies, including the implementation of a restrictive
policy of credit - conducting an assessment of programs and investment projects
- ensuring the implementation of the policy of Audit and the Commissioner for
Accounts - promoting cooperative relations with other structures of
administrative, judicial and parliamentary control on the one hand,
associations or foreign institutions of control on the other - conceiving,
developing and implementing from the results of investigations, the strategy
and plan of action to combat corruption and assimilated practices - to
participate in the moralization of public life - carrying out any mission
assigned to it by the Government.
The area of jurisdiction of the Ministry of Economic and Financial Control, of
the Ethics and Transparency covers all structures and public entities whatever
the method of management or geographical location, including offices and public
entities including the Central Bank of the Republic of Guinea (BCRG), the
public and semi-public companies, programs and public projects, the Guinean
diplomatic missions, local, judicial and military administrations.
The Ministry of Economic and Financial Control, of the Ethics and Transparency
is receiving the reports of activities of government departments, the Audit and
reports of inspections, especially those of the General Inspectorate of Finance
and the reports of Audit of private firms and councils interesting government
and the public sector.
In the context of fulfilling its mission, the Ministry of Economic and
Financial Control, of the Ethics and Transparency receive copies of all
legislation and regulations relating to economic management, finance and
accounting, including agreements on the major contracts of the state. It is the
recipient of periodic financial statements of public institutions, companies
with state financial programs and public development projects.
The Ministry of Economic and Financial Control, of the Ethics and Transparency
corresponds directly, in all matters within its competence, with the heads or
representatives of public service, public entities of an administrative,
industrial and commercial or any other body in connection with its services,
and sends a copy of his correspondence to the Minister of guardianship.
No objection can be made to its requests for submission of information under
penalty of applying the provisions of the Act in this regard. Similarly, it
will take all measures in the event of a lapse in the management of the audited
agencies.
The Ministry of Social Affairs, Status of Women and Children's missions are as follows: to conceive, develop, coordinate, implement and monitor government policy in the fields of Social Affairs and the Status of Women and Children. As such, it is particularly in charge of: developing and monitoring the implementation of laws and regulations in its area of intervention; - conceiving and implementing policies for the promotion and expanded social protection - providing assistance to disadvantaged and / or other victims of a social nature - organizing and protecting for vulnerable groups including women, children, the elderly and people with disabilities by promoting structures for 'appropriate supervision - providing research and resource mobilization material, technical and financial resources for the implementation of programs and projects set up by associations and groups of different departmental targets.
The
Ministry of Foreign Affairs, Cooperation and African Integration and of
Guineans abroad has the following missions: to conceive, develop, implement and
monitor the foreign policy of the Government in terms of diplomacy, consular
relations, International Cooperation, Integration and management of Guineans
abroad.
As such, it is particularly responsible of:
- guiding, promoting and coordinating political relations and economic
cooperation, social, cultural, technical and scientific cooperation between the
Republic of Guinea and all partners in progress - organizing and managing the
diplomatic and Consular representations and of the Guineans abroad - managing
the relations with the Diplomatic and Consular Missions and International
Institutions Accredited in Guinea - developing and monitoring relations of
cooperation between the Republic of Guinea and African Organizations, regional
and sub-regional integration - seeking and mobilizing external aid and
technical assistance to the Republic of Guinea and ensuring coordination -
promoting, within the framework of the Decentralized Cooperation and
micro-finance, partnership and consistency in the mobilization of aid to
development between Guinean public, private sectors and foreign partners -
developing and promoting policies and strategies for the involvement and the
effective participation of Guinean nationals abroad to the national development
effort - fostering the mobilization and the repatriation of savings of Guinean
from abroad and facilitate their return and reintegration - ensuring the
mobilization and monitoring of the management of donations in the context of
international cooperation programs in connection with the Ministry of Economy,
Finance and Planning - participating, in conjunction with other ministries, in
the negotiation and the conclusion of agreements and financing agreements, and
following up on economic reforms with the international financial institutions
- promoting the integration of Guinean managers within organizations and international
institutions - developing and popularizing the implementation of treaties,
agreements, conventions, protocols and decisions in the field of diplomacy,
cooperation, integration and migration; - dealing with international law
including international humanitarian law - following ratification of the
conventions, agreements and international treaties and guards custodian -
defending the interests of the state and its Guinean nationals abroad.
The missions of this Ministry are as follows: to conceive, develop and
implement government policy in the fields of land, air, sea, river and the
meteorology. In this capacity, it is particularly in charge of - conceiving,
developing and implementing the laws and regulations concerning transport and
meteorology and ensuring the monitoring and control - conceiving and
implementing strategies and plans for the development of transport and
meteorology; - ensuring the planning and programming of investments in the
fields of transport and meteorology in connection with the departments involved
- contributing to the promotion and development of businesses and
socio-professional associations operating in the transport sector - ensuring
the technical inspection of road vehicles, aircraft and sea vessels and
ensuring the issuance of the permits required - promoting relations of
bilateral and multilateral cooperation in the fields transport and meteorology.
This
Ministry has the following missions: the conception, development,
implementation, monitoring and control of government policy in the areas of
Mines, Geology and Hydrocarbons.
As such, it is particularly in charge of:
- defining the national policy on development of mineral resources - developing
legislation and regulations on mining to be monitored throughout the national
territory - establishing geological, hydro-geological and geotechnical
infrastructures of the country at different levels - inventorying and
evaluating mineral resources, groundwater and the hydrocarbon potential of the
country - carrying out geological, hydro-geological, geophysical, geotechnical
and hydrocarbons work, and ensuring the processing and interpretation of the
resulting data - carrying out work in remote and ensuring the processing and
interpretation of the resulting data - monitoring and controlling the
implementation of plans of action proposed by the companies and mining projects
- ensuring the implementation of legislation and regulatory environment in the
mining sector on the whole national territory - ensuring, technical, monitoring
and control of the entire research program and / or exploration initiated by
the state or private investors in the mining sector, hydrogeology, geotechnical
and hydrocarbons - initiating and conducting in connection with partners any
program of basic research in the field of earth sciences - ensuring the
country's earthquake monitoring - running for the third of the work in the
field of geological and mining research - negotiating and concluding all the
agreements and conventions under the management of mining heritage -monitoring
the management of the state shares in the mining companies in relation to the
relevant departments - representing the Republic of Guinea in international
organizations and forums in Mines and geology sector - monitoring the markets
for raw materials and to conducting
This
Ministry has the following missions: to conceive, develop and implement
government policy in the areas of Elementary, General Secondary, Technical,
Professional and Superior Education, Scientific Research, Documentation, Civic
Education and Non-Formal Education.
As such, it is particularly in charge of:
- providing and coordinating education and training of young people at all
levels and stages of education under its jurisdiction in order to make people
capable of participating in the socio-economic and cultural development; -
setting objectives for the development of education in the short, medium and
long terms -promoting the training of highly qualified professionals that can
contribute to raising the standard of science and technology of the Nation of
Guinea - improving and Regularizing consistency and efficiency of the
educational system through greater adaptation to changes in the world, the
constraints and economic and cultural needs of the country - working towards
the use of new information in technologies and communication (NTIC) in the
fields of education, training, information, documentation and scientific
research - setting educational goals and achieving development programs of
Elementary, Secondary , Engineering, Higher and Professional Education,
Scientific Research, Documentation, Literacy and Civic Education - developing
and putting in place operational and efficient systems of management of
learning and educational and vocational guidance in educational institutions -
defining the criteria and standards for the creation and opening of private
institutions of education and training and ensuring their implementation; -
organizing, monitoring and controlling and promoting private education, -
proposing to the Government the allocation of resources needed to achieve the
educational goals in short, medium and long terms - coordinating the
organization of examinations and competitions for Educational Institutions
within its purview - monitoring assessment, renovation and accreditation of
educational training and research programs - monitoring and evaluating the
implementation of curricula of general education, technical and vocational
training, scientific and technological research, non-formal education, literacy
and civic education - promoting and providing effective physical sporting and
cultural education and coordinating the activities of sports and culture and
training in schools and universities - organizing and invigorating school
libraries and documentation centers, and scientific and technical information;
- establishing a system of information and communication mechanisms and internal
and External monitoring of programs and projects for the development of
education - conceiving and monitoring the implementation of non-formal
education programs; - conceiving, developing and ensuring the implementation of
the schools and universities ID Cards and ensuring that they are correctly and
regularly updated - promoting, coordinating scientific research, supporting and
encouraging exchanges in the scientific, technical and technological at the
national, African and international levels - conceiving, implementing,
monitoring and evaluating programs for research and the fight against HIV /
AIDS in the education and research sector - encouraging and strengthening
Programs of Gender Fairness at all levels of education, research and training -
developing, upgrading and maintaining infrastructure and school, academic and
research facilities, - promoting and setting up a system of information and
scientific documentation and mechanisms for internal and external communication
with all actors and stakeholders in education - promoting, stimulating and
coordinating scientific cooperation in technical and vocational education in
matters of Education, Training and Scientific and Technological Research.
This
Ministry has the following missions: the conception, development, coordination
and implementation of government policy in terms of rural development,
safeguarding the environment, the rational management of natural resources and
improving the quality of life in a perspective of sustainable development.
As such, it has particularly:
- To conceive and define the areas of applied research to be implemented -to
sustain and accelerate the achievement of rural development - to conceive, develop
and implement legislation and regulations relating to 'environment and to
ensure the monitoring and control - to formulate and implement laws and
regulations applicable to agricultural, veterinarians, forestry and hunting
inputs and to monitor and control - to formulate, implement and monitor
programs including Agricultural Engineering, in the field of
hydro-agricultural, construction of rural roads and rural buildings - to
conduct strategic studies and prospective studies in which the prevention and reduction
of environmental hazards in terms of urbanization, supplies, transport, major
infrastructures, rational use of energy resources and development of renewable
energy - to conduct studies of fitness of National policy in terms of
urbanization, equipment, transportation and major infrastructure with the
environmental policy of the Government - to promote the emergence of groups of
producers capable of taking care of the economic functions related to rural
development - to ensure food security through the development of food crops and
give new impetus to export crops and agro industry - to monitor the technical
side, the operation of all central departments, agencies and devolved within
the department or under his tutelage in order to improve their technical
performance and management - to promote livestock production and integration of
animal husbandry in agricultural development policy - to maintain and improve
animal health throughout national territory - to ensure the protection,
development and reconstruction of forests; - to ensure the protection and
rational exploitation of wildlife - to ensure the preservation, processing,
marketing and use of wood and derivatives - to promote the creation of
structures of credit and savings available to producers and operators of the
rural areas - to ensure the integration of environmental concerns into the
plans, programs and projects of socio-economic development in the country - to
set up and manage mechanisms for monitoring and tracking trends of change in the
condition of natural and human environment; - to provide information, awareness
and educating citizens in the protection and management of the environment; -
to ensure the correct application of international conventions, treaties
regional and international environment which Guinea has endorsed - to promote
and develop international cooperation in the field of environment - to observe,
collect, process and disseminate weather data for user national and
international needs - to participate and organize conferences and seminars on
sector of the rural areas - to ensure compliance with the conventions and
agreements relating to public programs and projects under development.
This
Ministry has the following missions: the conception, development, testing and
implementation of government policy in the areas of 'Employment, Civil Service
and the Administrative Reform.
As such, it has particularly:
- To conceive, develop and implement laws and regulations in terms of
employment, work, social protection, vocational training and development - to
identify and monitor the implementation of the plan of Action for the promotion
of employment - to monitor and control the implementation of laws and
regulations on labour, social welfare and vocational training - to promote
social dialogue and tripartite cooperation in the world of work - to conceive,
develop and implement laws and regulations concerning the management of
civilian personnel of the State and structures of Public Administration - to
conceive and implement a system of monitoring and evaluation of personnel,
structures and activities of public services - to conceive, develop and
implement the national policy of improvement of skill of in-service civilians
personnel of the state - to oversee the drafting of organic frameworks and
utilities for the management of civil servants and contract staff of the state
- to participate in the preparation of preliminary draft budgets in terms of
annual expenditures of civilian personnel of the State in connection with the
Ministry of Economy, Finance and Planning - to ensure the training and
retraining of civilian personnel of the State in Administrative Sciences; - to
promote applied research in Public Administration.
Its missions are as follows: the Conception, development, implementation and monitoring of government policy in the areas of information, film, photography, video, advertising, postal, telecommunications and new technologies of information.
As such, it has:
-
to develop and monitor the implementation of legislation and regulation in the
field of information, film, video, photography, sound recording, advertising,
postal and telecommunications - to promote and develop new technologies of
information and of the communication - to plan, promote, coordinate and monitor
the activities of public service media - to produce and broadcast programmes of
information, education and entertainment for the public - to conceive and
develop programs for training and development of personnel of public and
private services in the field of communication and new technologies of
information - to ensure the implementation of the general policy development of
the public press and publishing, postal, telecommunications and new information
technology - to develop and monitor the implementation of development programs
and projects in the sectors of Information, Posts, telecommunications and new
technologies; - permit the stationing of the broadcasting, television,
Internet, coastal stations and network official - to develop the principles of
management of the frequency spectrum on all the territory of the country - to
plan, monitor and evaluate development programs and projects in the field of
communication and new technologies of information - to ensure the
implementation of agreements on bilateral and multilateral cooperation; - to
approve and enforce tariff rules in the field of communication - to develop
rules for managing national numbering plan - to grant concessions on a proposal
from the Agency for Telecommunications and Post Regulatory ( ARPT) - to oversee
the representation of the State in the operation of public networks of posts, telecommunications
and new technologies of information - to ensure the technology watch - to
organize and participate in all national, regional and international encounters
dealing with issues of communication and new technologies of information - to
promote the mobilization of the universal service fund and the digital
solidarity fund.
Its
missions are the following: the conception, development, implementation and
monitoring of government policy in the fields of Fisheries and Aquaculture.
As such, it has particularly:
- To conceive, develop and implement the elements of the Government's policy in
the fields of fisheries and aquaculture and ensure the monitoring and control -
to conceive legislations and regulations regarding fisheries and aquaculture -
to conduct research to assess fishery resources to ensure the sustainability of
their operations - to ensure exploitation and sustainable management of
fisheries resources, the protection and preservation of biological diversity of
habitats and ecosystems - to conceive coordination and implementation of
development strategies for Fisheries and Aquaculture; - to develop and
implement, in conjunction with the agencies concerned, the policy of
monitoring, control and enforcement of fisheries - to adopt appropriate
measures consistent with international standards, to uphold the right of
consumers to fish with no risk - to guide and lead in collaboration with the
authorities concerned, the training and development of human resources - to
promote the private sector - to ensure, with the administrations concerned, the
negotiation of agreements and conventions relating to fisheries and the
aquaculture.
It has the following tasks: the conception, development and implementation of
government policy in terms of organization and functioning of Judicial
Institutions.
As such, it has particularly:
- To define the broad outlines of government policy in the field of justice and
coherent training of Guinean legal system - to conceive, develop and implement
laws and regulations in civil, commercial, administrative, Criminal, and the
relevant procedures and to monitor and control - to draw up rules for the
organization, operation and jurisdiction of courts and correctional services -
to arrange the conditions for equal access to justice and to ensure the rule of
law - to make effective legal assistance - to ensure the promotion and
protection of human rights and fundamental freedoms and the assumption of the
prison population - to participate in the creation of conditions guaranteeing
the exercise of public and individual freedoms, as well as preventing their
violation - to ensure the training and development of human resources of the
Department of Justice, - to establish, implement the provision of international
assistance in the field of justice - to contribute to the development of
international law and to ensure its integration into the Internal Law - to
ensure the implementation of International Conventions and the settlement of
international disputes; - to organize and manage matters relating to the arms
of the Republic and the Seal of the State - to contribute to the
consolidation of the rule of law.
It
has the following tasks: to conceive, develop, implement and monitor government
policy in the fields of Industry, Commerce, Tourism and Handicrafts.
As such, it has particularly:
-
To conceive, develop and implement laws and regulations in respect of Industry,
Trade, Tourism and Handicrafts and ensure their implementation; - to define the
objectives to be achieved within the framework of the development program of
Economic and Social Council - to define, in collaboration with stakeholders
programs and projects to be implemented and the appropriate accompanying
measures - to promote investments in the areas of trade, industry, small and
medium enterprises , tourism and handicrafts; - to promote the export of
products from Guinea and to ensure the supply of the domestic market with
essential goods and strategic products by taking appropriate action - to
develop and implement the Government's policy of standardization and quality of
goods and services, industrial property, competition, pricing, weights and
measures - to participate in the formulation and implementation of the Accords
and bilateral and multilateral agreements in the fields of its competence.
It has the following tasks: the conception, development, implementation and monitoring of government policy in terms of Hydraulics and Energy.
As such, it has particularly:
- To conceive, develop legislation and regulations in the areas of Water and Energy and monitoring and control - to make an inventory and evaluate Water resources and Energy, including hydrocarbons - to develop and implement the strategy for the development of water and energy resources and national monitoring and control - to promote research and the use of new technologies in the field of renewable energies - to promote oil - to conceive, evaluate and monitor the implementation of safety rules, standards of construction, transportation and distribution of hydrocarbons - to run research programs in the areas within its competence.
The missions of this Ministry are: the conception, development and
implementation of government policy in terms of Youth, Culture and Sports and
to ensure monitoring and control.
As such, it has particularly:
-
To establish an institutional and regulatory framework that promotes the
development of youth, culture and sports, including the integration of young
people, the promotion of youth employment and support to community life - to
set up funds to support the promotion of youth employment, self-promotion and
support for cultural and sports activities - to encourage the creation and
promotion of associations, groups and cooperatives of youth, sports and culture
- to ensure the training and development of staff, intervention and leadership
in the areas of youth, culture and sports; - to expand and upgrade the
cultural, sports and socio-educational infrastructure - to renovate and make it
functional, former homes of the people, ex-dancing bars (seat of national
orchestras), sports fields and other areas allocated to the Department in
accordance with the recommendations of the national conference of Youth and
Sports in 1990 - to ensure proper management of infrastructure, equipment and
maintenance - to encourage the participation of cultural associations and
organizations, sports and socio-educational meetings of Guinean national,
Africans and internationals - to ensure the quality representation of cultural
associations and organizations, socio-educational and sports of Guinea in the
African and international meetings - to promote and develop cooperation of
bilateral and multilateral partnership - to ensure promotion of Gender equity
in youth, culture and sport activities.
The Ministry's mission is the development and implementation of government
policy in the field of public works, urban planning and housing.
In this connection it has:
In the field of public works:
- To conceive and implement strategies and plans for the development in road
sector -to conceive, develop and implement and monitor programs for the
construction, rehabilitation, maintenance and management of national highways
and those of prefectures, city primary roads works and bridges- to organize and
promote the participation of community and local associations to the
construction and construction works, rehabilitation and maintenance of the road
network throughout the national territory- to contribute to the promotion and
development of enterprises and firms of research operating in the road sector -
to promote the use of local materials and techniques adapted to local
conditions in the construction and maintenance of roads.
In the field of spatial planning
- To determine, at the national level, in collaboration with the
departments and agencies concerned, the basic directions of the state with
regard to the management and balance between the prospects for development,
protection and enhancement of the territory - determine at the regional level
in cooperation with relevant departments and organizations concerned, the basic
orientation of the state's environmental and sustainable development of major
infrastructures of transport, major equipment and services to regional
interests- set at the communal level, in cooperation with relevant departments
and organizations concerned, the general environment of spatial development as
well as mapping developments with printing in a precise and imperative manner
on the ground.
In the field of housing and urban development
- To develop and implement laws and regulations on urban planning, architecture and construction management of urban space and movable and Real estate on the national territory and ensure the monitoring and control- to develop and implement policies, strategies and development plans of urban, architecture and construction planning in order to develop urban and rural spaces.- ensure the delegated contractor and contracting authorities of construction operations, renovation and rehabilitation of public buildings- to build and oversee the study, work and monitoring of programs and projects of urban secondary and tertiary roads and sanitation- to develop and implement programs and projects for more liveability of urban land, the land trust and ensure the security of land occupant - to develop and put policies in housing and real estate development to promote access to sanitation for all socio-economic categories- to conceive and promote mechanisms of housing, especially for the poorest people- to foster the emergence and promotion of private initiatives in the area of benefits, studies and monitoring, land management and property development- promoting the use of local materials and the use of construction techniques adapted to the socio-economic contexts in harmony with the environment- to assist local governments in preparing their tools for urban planning of building plots management and building permits on ensuring the implementation of the regulation of housing and urban development.
Under
the authority of the President of the Republic, the General Secretariat of the
Presidency of the Republic's missions are: the implementation of government
policy in the areas of operation and coordination of activities of the
Presidency of the Republic. It supports the Head of State in his mission of
conception and orientation of the general policy of the nation, control
government action and ensures the proper functioning of public authorities and
the continuity of the State.
Under the authority of the President of the Republic, the General Secretariat of the Government's mission is to support the Prime Minister and Head of Government in the coordination of government action.
As
such, it has particularly:
- To organize, manage and monitor the governmental work and procedural laws and
regulations - to control the legal form of draft laws and regulations - to
ensure the physical formality of enactment and publishing legislative and
regulatory texts - to ensure in his fields of competence, liaisons with the
Ministerial Departments, the National Assembly, the Supreme Court and the
Advisory Bodies - to centralize all acts of the Government and ensure their
publication in the Official Gazette and / or report - to establish schedules
for mission abroad for members of the Government and the State agents.
The Secretary General of the Government, appointed by Decree of the President
of the Republic, provides leadership, coordination and monitoring of services;
The Secretary General of the Government attends the Cabinet meetings in an
advisory capacity, draw up minutes and, issues an extract to Members of the
Government. In conjunction with the Department of Communications, the Secretary
General of the Government prepares press releases at the conclusion of Cabinet
meetings.
The
Secretary General of the Government is assisted by a Deputy Secretary General
who acts as a replacement or substitute in the event of the absence or
incapacity. The Deputy Secretary General of the Government who is appointed by
Decree of the President of the Republic.
The
Secretariat General of Religious Affairs has the following missions: the
conception, development and implementation of government policy with regard to
religious activities.
As such, it has particularly:
- To promote religious culture - to promote the development of religious infrastructure - to invite the faithful believers to meet their obligations - to organize pilgrimages - hold festivals and religious ceremonies - to oversee the implementation of religious rules and prevent all doctrines and religious practices with deviationist characteristics - to ensure the preservation of the purity of faith, peace and social tranquillity; - to participate in the fight against social plague and encourage the development of religious virtues - to participate in the strengthening of the moral and civic education of citizens - to organize and participate in religious meetings - to prevent and manage conflicts of a religious - to promote and streamline the activities of NGOs and religious associations.
As main reason of separation powers the Executive powers cannot make the law it applies. That could lead to dictatorship. Laws they deemed to apply are made by another institution. It will be the subject of the next discussion
The legislative power is exercised in Guinea by the National Assembly, whose members are called 'Députés.' There are 114 members of the National Assembly of whom 76 are elected through proportional poll from parties national list. 38 are elected on majority poll system with single round in 33 Prefectures and five Communes of Conakry.
To be elected member of the National Assembly the Organic Law n#91/12/CTRN of December 23, 1991 relative to the Electoral Code set the following conditions: one has to be over 25 years of age, be a Guinean by birth or by naturalization for ten years and having resided in Guinea since the date of naturalization, and be presented by a regularly constituted political party.[3]
Are absolutely ineligible, the insane and State assisted persons. Are relatively ineligible, the Prefects, sub-prefects and their deputies, General Secretaries of Prefectures, treasurers, judges exercising in the constituency where they are in function for at least one year. The incompatibility concerns also members of the Economic and Social Councils and State functionaries while exercising their functions.
This institution has its own organization by which it functions.
The internal structuring of the National Assembly is provided by its Internal Regulation Act. It determines the structure of that Institution as follows:
1 Bureau of the National Assembly
This organ is composed of eleven members: the President of the Assembly (Speaker of the Assembly); four Vice-Presidents; four Secretaries and two Quaestors.
The President is elected for the tenure of the legislature through a uninominal poll. The other members are elected for one year through the list poll for every function. They can be re-elected. Among the prominent functions of the President of the Assembly are:
i He leads the parliamentary debates;
ii He is consulted by the President of the Republic before dissolving the National Assembly[4];
iii He is consulted by the President of the Republic before submitting any bill to people for referendum[5];
iv He replaces the President of the Republic in case of absence.[6]
President of the National is substituted by one of the Vice-Presidents through the same procedure and with the same capacity in case of absence.
The Secretaries supervise the establishment of the Minutes
The Quaestors are in charge of the internal administration of the National Assembly, they exercise financial functions.
2 The conference of the Presidents
According to article 58 of the internal Regulation Act the conference of the Presidents is composed of the President and the Vice-Presidents of the National Assembly, the presidents of parliamentary groups, the Presidents of parliamentary commissions and the General Rapporteur of the Commission of Financial and Economic Affairs.[7]
The Conference of the presidents makes the agendas for the sessions, which is submitted to the approval of the Bureau of the National Assembly that can amend it if necessary.
The National Assembly is also composed of different commissions in charge of analyzing the bills according to their specialties before submitting them for plenary discussions.
3 Parliamentary Commissions
Article 4 of Fundamental Law provides for the creation of permanent parliamentary commission and special provisional commissions.
i Permanent Commissions
Before every session (legislative or budgetary session) the National Assembly put in place general commissions to analyze matters submitted to it. They are permanent commission. They are 12 in number:
- Commission of economical and financial affairs;
- Commission of Foreign affairs, planning and cooperation;
- Commission of laws, internal regulations, general administration and justice;
- Commission of defence and security;
- Commission of industry and commerce;
- Commission of mines, handcraft and tourism;
- Commission of local administration and transports;
- Commission of civil service and employment;
- Commission of education, health and social affairs;
- Commission of information and communication;
- Commission of accountability and control; and
- Commission of delegation.
Other commissions are created to examine a particular bill.[8]
ii Special Commissions
These commissions are temporally competent up to the final decision related to the subject. The resolution creating special commission also determines the methods of selecting its members. An example of special commission is the commission of enquiry.
The last organ of the National Assembly is the Parliamentary Groups as discussed below.
4 Parliamentary Groups
There are conditions for the creation of a parliamentary group:
- the group must provide a plan of action serving as program as well as indicating its name and composition;
- the parliamentary group cannot defend particular interests and one person cannot belong to more than one group.
The presidents of parliamentary groups are, by rights, members of the Conference of presidents and can be replaced by other members in case of absence.
The respect of this organization of National Assembly as discussed above gives ways for its proper functioning.
The question relating to the mechanism of electing Members of Parliaments has been answered by the Fundamental Law through both article 2 paragraph 2 and 47 paragraph 1 and article 1 of the Electoral Code. These provisions state that the suffrage is universal, secret and direct. Every citizen responding to the criteria set by the Electoral Code is an elector.[9]
As mentioned above one third of the MPs are elected through uninominal (single-seat) of single round polling system, the two third are elected on the party national list (proportional polling).[10]
1 Uninominal with single round poll
Here, electors vote for only one candidate of their choice because a ballot cannot carry more than one name. The candidate winning the majority (be it simple majority or absolute majority) of voters is elected.
2 Proportional representation of national list poll
The 2/3 (78) of MPs are elected through this mechanism. Every political party presents a list of candidates equalling the number of the seats to be filled. The voters vote for the list of their political parties. The parties will be represented according to the percentage of votes they won during the election.
To determine the number of MPs won by party, they calculate the electoral quotient, which is equal to the number of votes expressed, divided by the number of seats provided. If after the operation there are remainder of votes non-ascribed, there are two methods of allocating that rest to parties: the method of the 'largest remainder and the method of 'largest average.' Guinea, considering the second method more complicated, opted for the first one, the method of the 'largest remainder.' Here, after the operation of division, the party, which obtained 'the remainder' closer to the electoral quotient (the number of vote equivalent to a seat), will receive the seat.
The present proportion of Members of Parliament by political parties is exposed in the table below:
|
Parties |
Number |
of |
seats |
% |
% |
% |
|
|
Uninominal |
Proportional. |
Total |
Uninominal |
Proportional |
Total |
|
PUP RPG UNR PRP UPG PDG/RDA PDG/DST DJAMA UNP |
30 4 2 2 0 0 0 0 0 |
41 15 7 7 2 1 1 1 1 |
71 19 9 9 2 1 1 1 1 |
78.94 10.52 5.26 5.26 0 0 0 0 0 |
53.94 19.73 9.21 9.21 1.31 1.31 1.31 1.31 1.31 |