Library:Constitution of the Republic of Guinea (1958)

PREAMBLE

The People of Guinea by their massive vote of September 28, 1958; rejected domination, and as a result, acquired its National Independence and constituted a Free and Sovereign State.

The State of Guinea fully supports the Charter of the United Nations and the Universal Declaration of Human Rights.

It proclaims the Equality and Solidarity of all his Nationals without distinction of race, sex or religion.

It affirms it's will to do everything to achieve and consolidate Unity in the Independence of the African Fatherland. To do this, it will fight all trends and all manifestations of chauvinism which it considers to be serious obstacles to the achievement of this objective.

It expresses it's desire to establish bonds of Friendship with all Peoples on the basis of the principles of equality, reciprocal interests

and mutual respect for National Sovereignty and Territorial Integrity.

It fully supports any policy aimed at the creation of the United States of Africa, safeguarding and consolidating peace in the World

The principles of the Republic of Guinea are: GOVERNMENT OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE.

TITLE I: SOVEREIGNTY

Article 1: Guinea is a Democratic, Secular and Social Republic.

The National Emblem is Red, Yellow and Green arranged vertically and of equal dimensions.

The National Anthem is: Freedom

The motto of the Republic is: Work - Justice - Solidarity

TITLE II: NATIONAL AUTHORITIES

Article 2: The Republic of Guinea is made up of Territorial Communities which are: Municipalities and Circumscriptions.

Article 3: National Sovereignty belongs to the People who exercise it in all matters by their Deputies to the National Assembly elected by universal, equal, direct and secret suffrage or by referendum.

TITLE III: OF PARLIAMENT

Article 4: The Parliament is constituted by a Single National Assembly whose members elected on a national list for 5 years bear the title of Deputies.

Article 5: The method of election of the members of the National Assembly, the conditions of eligibility and incompatibilities as well as the number of Deputies are fixed by law.

Article 6: The National Assembly is the sole judge of the eligibility of its Members and the regularity of their election. She can receive their resignation.

Article 7: The National Assembly meets as of right in two ordinary annual sessions fixed in March and October, the duration of which cannot exceed two months.

It may meet in extraordinary session when convened by its President, at the request of the Government or at that of 2/3 of its Members.

Article 8: The Bureau of the National Assembly is elected at the start of each Legislature and renewed each year at the start of the first session.

TITLE IV: RELATIONS BETWEEN PARLIAMENT AND GOVERNMENT

Article 9: The National Assembly votes alone the Law

The domain of the Law is unlimited.

Article 10: No Member of the National Assembly may be prosecuted, sought, arrested, detained or tried on the occasion of opinions or votes cast by him in the exercise of his functions.

Article 11: Except in the event of flagrante delicto, no Member of the National Assembly may, during the term of his mandate, be prosecuted in criminal matters only with the authorization of the Assembly. The detention or prosecution of a Deputy is suspended if the National Assembly so requires.

Article 12: Members of the National Assembly receive compensation fixed by law.

Article 13: The sessions of the National Assembly are public. However, the National Assembly can sit in « in camera » at the request of the President of the Government or more than half of its Members.

Article 14: The President of the Republic and the Deputies to the National Assembly alone have the initiative of the Laws.

Article 15: The National Assembly studies the projects and legislative proposals before it within its Commissions, the number, composition and competence of which it fixes. The bills tabled by the Government and the proposals accepted by it are studied as a priority.

Article 16: The National Assembly is seized of the draft Budget which is voted in the form of a Law by the Parliament.

The National Budget must be voted on November 30 of the previous year at the latest.

Article 17: Deputies to the National Assembly have the initiative of expenditure. However, no proposal to increase expenditure can be presented without being accompanied by a proposal releasing the corresponding revenue.

Article 18: The National Assembly settles the accounts of the Nation. A statement of expenditure is presented to him at the end of each semester for the previous semester.

The final accounts for the previous year are examined during the October session and approved by law.

Article 19: The means of information of the National Assembly with regard to government action are :

- The oral question ;

- The written question ;

- The arrest ;

- Hearing by the Commissions ;

- The Commission of Inquiry ;

The Law fixes under what conditions and according to what procedure these means of information are put into action. It also sets the response times.

TITLE V: OF THE HEAD OF THE STATE

Article 20: The President of the Republic is the Head of State. He is the Chief of the Armies. Any eligible citizen and at least thirty-five years of age may be elected President of the Republic.

TITLE VI: OF GOVERNMENT

Article 21: The Power of the Government of the Republic is exercised by the President of the Republic assisted by a Cabinet.

Article 22: The President of the Republic is elected for 7 years by universal suffrage by an absolute majority in the first round or by a relative majority in the second round. He is re-eligible.

Article 23: The President of the Republic appoints the Ministers by Decree. No Member of the Government of the Republic may be arrested or prosecuted without the prior authorization of the President of the Republic.

Article 24: In the exercise of their functions, the Ministers are responsible for their actions before the President of the Republic, who is responsible for the general policy of his Cabinet before the National Assembly.

Article 25: The President of the Republic ensures the execution of the Laws. He appoints to all the jobs of the Public Administration. He appoints to all military posts and functions.

Article 26: The acts of the Government are signed by the President of the Republic and countersigned by the Ministers responsible for their execution.

Article 27: The functions of Member of the Government are incompatible with the mandate of Deputy and the exercise in a private capacity of all professional activities.

Article 28: In the event of the vacancy of the Power, the Cabinet remains in office to dispatch current affairs until the election of a new Head of State

Article 29: Ministers have access to the sessions of the National Assembly and those of its Commissions; they must be heard at their request.

They may be assisted or represented in discussions before the National Assembly or in Commission by officials designated for this purpose.

Article 30: If necessary, the President of the Republic may delegate his Powers to a Minister.

TITLE VII: INTERNATIONAL RELATIONS

Article 31: The Republic of Guinea complies with the rules of International Law.

Article 32: Subject to the provisions of article 33, the President of the Republic negotiates treaties.

Article 33: Treaties relating to the International Organization, trade treaties, peace treaties, treaties which bind the finances of the State, those relating to persons, those who modify provisions of a legislative nature as well as those which include transfer, exchange, addition of Territory, can only be ratified by virtue of a Law. They do not take effect until they have been ratified.

TITLE VIII: INTERAFRICAN RELATIONS

Article 34: The Republic may conclude association or community agreements with any African State, including partial or total abandonment of Sovereignty in order to achieve African Unity.

TITLE IX: OF THE JUDICIAL AUTHORITY

Article 35: Justice is rendered in the name of the People of Guinea.

The President of the Republic guarantees the independence of the Judicial Authority.

He exercises the right of pardon.

In the exercise of their judicial functions, the Judges obey only the Law.

Article 36: Jurisdiction hearings are public except in the specific cases provided for by law.

The right to defense is recognized by the accused.

Article 37: The Judicial Authority, guardian of individual freedom, ensures respect for the rights of citizens under the conditions provided for by law.

Article 38: The judicial organization of the Republic is fixed by law.

TITLE X: RIGHTS AND DEVICES

Article 39: All citizens and nationals of the Republic of Guinea, regardless of race, of sex or religion have the right to elect and be elected under the conditions provided by law.

Article 40: The citizens of the Republic of Guinea enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration under the conditions determined by law.

Article 41: Freedom of conscience is ensured for citizens by the secularity of the School and the State

Article 42: No one may be arbitrarily detained.

Article 43: The domicile of the citizens of the Republic of Guinea is inviolable. The secrecy of correspondence is guaranteed by law.

Article 44: Citizens of the Republic of Guinea have the same right to work, rest, social assistance and education.

The exercise of trade union freedoms and the right to strike is recognized by the worker.

Article 45: Any act of racial discrimination, as well as any propaganda of a racist or regionalist nature, are punished by law.

Article 46: The Republic of Guinea grants the right of asylum to foreign citizens prosecuted because of their struggle for the defense of a just cause or for their scientific and cultural activity.

Article 47: All citizens of the Republic of Guinea have the duty to comply with the Constitution and other Laws of the Republic, to pay their tax contributions and to honestly fulfill their social obligations.

Article 48: The defense of the Fatherland is the sacred duty of every citizen of the Republic of Guinea.

TITLE XI: CONSTITUTIONAL AMENDMENT

Article 49: The initiative for the revision of the Constitution belongs concurrently to the President of the Republic and to the Members of the National Assembly. The National Assembly by majority vote of 2/3 of its Members may adopt or submit to the referendum the draft constitutional revision.

Article 50: The republican form of the State cannot be called into question by any constitutional revision.

TITLE XII: TRANSITIONAL PROVISIONS

Article 51: The Government in office on the date of the promulgation of this Constitution will continue to assume Power until the election of the President of the Republic.

Article 52: This Constitution will be promulgated by the Head of State within 48 hours of its adoption by the National Assembly.

Article 53: The first Legislature of the National Assembly of the Republic of Guinea begins to run from the date of the promulgation of this Constitution.