Presidential Decree Creating Prime Minister,

UNCLAS SECTION 01 OF 02 CONAKRY 000120

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E.O. 12598: N/A
TAGS: PGOV ASEC PINS GV
SUBJECT: Presidential Decree Creating Prime Minister,
Head of Government

REF: CONAKRY 118


1. (U) On January 31, President Lansana Conte signed a decree
setting forth, by delegation, the powers, duties, and functions of
the Prime Minister, Head of Government (reftel).


2. (U) Begin text of informal embassy translation:

The President of the Republic, considering the Constitution, notably
Article 39,

Decrees:

Article 1: By delegation of the President of the Republic, the post
of Prime Minister, Head of Government, is hereby created. The Prime
Minister is charged with leading, overseeing, coordinating, and
energizing Government action.

Article 2: He proposes to the President of the Republic the
structure and composition of the Government, whose members are
appointed by decree.

Article 3: Members of the Government [i.e., Cabinet Ministers] are
accountable to the Prime Minister for the management of their
respective departments. They are jointly responsible for decisions
at Cabinet meetings.

Any vacancy in the Prime Minister's position automatically
terminates the functions of the other Members of the Government.

Article 4: The Prime Minister is fully accountable to the President
of the Republic for the functioning of the Government. By
delegation, he [the Prime Minister] presides over Cabinet meetings
for a given agenda.

Article 5: In agreement with the President of the Republic, he
defines the powers, duties, and functions of each Minister. In this
connection, he may delegate some of his prerogatives to the Members
of the Government.

Article 6: He makes appointments to civilian positions and manages
the Administration.

Article 7: He oversees the normal functioning of Government.

Article 8: The Prime Minister is responsible for cleaning up
Government finances and reviving the national economy. He ensures
that all appropriate mechanisms are applied to check inflation.

Article 9: The Prime Minister is responsible for defining economic
policy and implementing it.

Article 10: The Prime Minister ensures that the commitments between
the Government and its social partners [i.e., labor unions and
employers' organization] are implemented.

Article 11: The Prime Minister may represent the President of the
Republic at all sub-regional, regional, and international meetings.

Article 12: The Prime Minister is responsible for promoting
political and social dialogue, and ensures that accords with
political parties are implemented and the electoral process is
conducted in a fair and transparent manner.

Article 13: The present decree takes effect on the date of its
signature, and will be recorded and published in the Official
Journal of the Republic.

Conakry, January 31, 2007

General Lansana Conte
President of the Republic

End text.


3. (U) Under Guinea's constitution, the President of the Republic
is both head of state and head of government. Effective
immediately, this presidential decree creates, by presidential
delegation, the position of prime minister as head of government.


4. (U) A separate decree will be necessary to name the individual
to fill this position. The decree is based on the legal
constitutional framework which allows the president to delegate some
of his authority to a prime minister.

CONAKRY 00000120 002 OF 002




5. (U) By naming the prime minister also head of government, it
invests significant executive powers in the person in this position.
None of Guinea's previous prime ministers under President Conte
were also invested with this title, which, inter alia, should allow
the future prime minister to chair full cabinet meetings (Conseil
des Ministres).

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COMMENT
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6. (SBU) President Conte can always rescind whatever executive
powers he has delegated to his future prime minister. The future
prime minister has no inherent powers; the position is not even
mentioned in the constitution. Given Conte's track record with
previous prime ministers, we and most observers remain skeptical
that he will really refrain from involving himself, for better or
worse, in government affairs.


7. (SBU) The issuance of this decree appears to have only slightly
assuaged public opinion, large segments of which remain doubtful
that Conte will ever relinquish real power. Most Guineans are now
focusing on the identity of the future prime minister. They want
someone new, not some old political hack, to assume the role of
prime minister in order to break with the past and move Guinea
forward.

McDONALD