Political agreements preamble
1 – In accordance with Article 58 of the Constitution establishing the prerogatives of the Prime Minister as responsible for the promotion of social dialogue and guarantee the implementation of agreements with the Social Partners and the Political Parties, Mr. Mamady Youla, Prime Minister, Head of the Government has taken the initiative to relaunch the political dialogue.
2 – Subsequently, on 1 September 2016, took place Sekhoutoureya Palace, the historic meeting between His Excellency the President of the Republic, Head of State and the Leader of the Opposition. This historic meeting sealed the foundations for appeasement in the country.
3 -on September 22, 2016, under the chairmanship of the Minister of Territorial Administration and Decentralization, have opened in the Hall of Acts of the People’s Palace the work of Dialogue Policy.
- In view of this relaxing and calming atmosphere because of the particular responsibility they have in conducting the easing process, the parties to the dialogue have recognized the importance of coming together to pacify the political and social space, consolidate peace and stability, strengthening democratic achievements and reach a political and institutional normalization, restoring mutual confidence and a revival of the ongoing dialogue.
- After reaffirming:
– Their commitment to the constitution;
– Willingness to create conditions for inclusive, credible and peaceful elections;
– Their willingness to pool their efforts and energies for the normal functioning of institutions of the Republic of Guinea and a return to administrative normality in the country.
- Having agreed the Outline and items to the agenda and focused their choice on the General Bouréma CONDE, Minister of Territorial Administration and Decentralization, as Chairman of the Political Talks Structure, the parties assessed and worked out for the implementation of rules related to 20 August 2015 agreement.
Thus, the parties agree as follows:
- The electoral register
- The parties to the dialogue observed that the current electoral register allows its use without too much impact on the next local elections.
- The parties agree to dialogue for national elections forthcoming on recruitment by the CENI, on the basis of International Competitive Bidding, a cabinet to conduct a comprehensive audit of the Electoral file to formulate recommendations to further the file cleaning up in order to make it more efficient and consensual.
- The findings of the audit should be available at the latest on 31 May 2017.
- The results of the audit will be taken into account by the CENI to correct the electoral file.
- for this purpose a Combined Technical Committee will be established to develop a set of specifications related to it, at latest on 30 November 2016. This Committee will be associated with Cabinet recruitment operations in charge of Electoral File Audit, including the opening and counting of the Bid.
- Technical Committee may be assisted by foreign expertise when needed.
- The final report of the audit will also be sent to the Monitoring Committee for the implementation of the Political Agreement.
- The organization of local elections
- The parties to the dialogue have acknowledged the complexity and difficulties related to the organization of elections in 3763 localities and districts.
- In view of this complexity, the parties recommend that the Dialogue:
- The locality / district council will be composed in proportion to the results obtained in localities / districts by the party lists during the municipal election elections;
- The Chairman of each district / district will be designated by the entity whose list is topped in that district / district during municipal elections.
- To this end, the parties to the Dialogue invite the National Assembly to proceed accordingly to the revision of the Electoral Code during the 2016 budget session.
- The parties to the dialogue agreed to postpone the holding of local elections in the month of February 2017 to enable the ownership by the actors of the new regulations and their implementation in serenity.
- The parties to the dialogue agree that the municipal elections will be held without revision of the electoral register. INEC, to that effect, seize the Constitutional Court.
III – the Independent National Electoral Commission (CENI)
- The parties to the Dialogue recommended that the INEC continue the mapping update activities and all other activities which affect the type of election is void.
- The parties to the Dialogue recommended the provision of the timing of proposal to follow the above decisions.
- The parties to the Dialogue in accordance with the Agreement of August 20th 2015, invite the National Assembly to revise the Act 016 on the composition, organization and functioning of the CENI.
- The parties agree that the revision of the law should allow the establishment of a more technical INEC for better management of the electoral process.
- The proposal introduced by the Opposition in the National Assembly, will serve as basis for discussion for the adoption of a law at the session of April 2017 laws.
- The Special Delegations
- Despite the difficulties of both sides of the actors, the setting up of the Special Delegations process has been completed.
- Respect the constitutional principle of the neutrality of the Public Administration
- Despite the significant progress observed:
The Parties reaffirm the sacrosanct principle of respect for the neutrality of the public administration.
- The Government in general and the Ministry of Territorial Administration and Decentralization in particular shall ensure compliance with this principle. The Code of Conduct of Local Authority Directors will be widely distributed both to populations and political parties.
- The parties to the dialogue attach to the principle of equitable access of political parties and candidates to the public media.
- The parties to the Dialogue invite the public and private media to show professionalism and ethics in the information processing especially during election time.
- The Government is committed to ensuring equitable access of political parties and candidates to the media and public places.
- The parties to the dialogue reaffirm the need to ensure respect for fundamental rights and freedoms, including freedom of expression, freedom of assembly and movement in the conditions of security and respect to the rules of public order.
- Identification, prosecution of criminals during the events organized by the opposition in the parliamentary elections 2013
- The parties to the Dialogue take note of the Government’s commitment to the following measures:
– Diligence of judicial investigations;
– Prosecutions initiated at Dixinn Court;
– Creation of a pool of investigating judges on offenses related events;
– Constitution of the civil parties.
- The Parties to the dialogue agree that the Monitoring Committee of the Agreement will be regularly informed about the progress of the proceedings.
VII. The Implementation of the High Court of Justice
- In the context of the establishment of republican institutions already begun, the parties to the Dialogue recommended the establishment of the High Court of Justice as soon as possible, given the important role this institution plays in improving the quality of the political, economic and social governance.
VIII. The release of those arrested and imprisoned for political demonstrations
- To alleviate the socio-political climate, the parties seek that indulgence action to release those arrested and convicted during political demonstrations, in the spirit of dialogue.
- However, these liberalization measures do not apply to those convicted of violent crimes.
- Similarly, the parties seek expeditious proceedings for persons prosecuted on the occasion said events in the spirit of dialogue.
- Compensation for victims of violence related events in the 2013 for parliamentary elections
- Pursuant to the Agreement of 20 August 2015, concerning the commitment of the Government to compensate the victims of political events of 2013:
– The parties to the dialogue agreed on the creation of the compensation fund for victims of political events of 2013, a Fund for the dead and disabled victims and another for robbery victims;
– The Fund will be under the supervision of the Ministry of Territorial Administration and Decentralization and powered by the State and technical and financial partners like the ” Basket Fund ”;
– Regarding the dead and disabled, a management structure will be established underneath the Ministry of Territorial Administration and Decentralisation (MATD). MATD addition, it will include representatives of the Ministries of Justice, Minister of Justice, National Unity and Citizenship, the INDH, the OGDH, the United Nations High Commissioner for Human Rights, man, two (02) representatives of civil society appointed by the parties to the dialogue, two (02) representatives of the victims, two (02) representatives of the dialogue structure: the ruling party one (01) and the opposition one (01) ;
– The management structure will define their mode of operation for the treatment of dossiers to be submitted by the beneficiaries;
– With regard to victims who lost property, beyond the MATAD, the management structure will include, representatives of the Ministries of Economy and Finance, Commerce, Justice, Attorney General, the National Unity and Citizenship, victims, the ruling party and Opposition;
– This structure will define the mechanism of operation for refunds of rights holders;
– For this purpose, the parties to the dialogue recommended that a provision should be made in the law in 2017 to finance a gradual settlement of claims.
- unreported events
- The Parties, reaffirming the need to respect the legal provisions relating to protests, welcomed that provision has actually been observed since the signing of the Political Agreement of 20 August 2015.
- Body / Monitoring Committee
- The Monitoring Committee of the implementation of this Agreement, chaired by a magistrate of the judiciary, is composed as follows:
– Three (03) representatives of the presidential majority;
– Three (03) representatives of the Opposition;
– One (01) representative of the Ministry of Territorial Administration and Decentralization.
- The representatives of civil society (02) and the International Community (ECOWAS, International Organization of the Francophonie, the UN system, European Union, United States and France Embassies) will participate as observers.
XII. The duration of the Agreement
- This Agreement shall enter into force upon signature by all stakeholders. With the exception of the Permanent Consultative body (Chapter III alienated 16) which ends after the parliamentary elections.