TFGV01; SITREP 38. FEBRUARY 13, 2007, 1030 HOURS

C O N F I D E N T I A L CONAKRY 000174

SIPDIS

E.O. 12958: DECL: 13/FEB/2017

TAGS: AEMR PINS PGOV AMGT GV

SUBJECT: TFGV01; SITREP 38. FEBRUARY 13, 2007, 1030 HOURS
STATE OF SIEGE/STATE OF EMERGENCY

CLASSIFIED BY AMBASSADOR JACKSON MCDONALD. REASON 1.4 (B) AND (D).


1. (U) Last evening, February 12, at 2015 hours,
President Lansana Conte declared a "state of siege"
throughout Guinea.


2. (U) In his very brief statement to the nation, Conte
said that he had met almost all of the demands made
during the recent general strike. He said that "people
with bad intentions" had taken over the strike movement,
attacking property throughout the country. He then
ordered the Chief of Staff of the Armed Forces (General
Kerfalla Camara) to re-establish order and to avert
"civil war."


3. (U) Immediately thereafter, a journalist read the
full text of a presidential decree declaring a state of
siege throughout Guinea from February 12 through February

23.

4. (U) The decree gives the military power to maintain
order and to arrest persons who present a threat to
security or to public order or who seek to impede the
functioning of government. Public and private meetings
liable to cause public disorder are banned. Judges, the
Minister of Interior, regional governors, prefects, the
governor of Conakry, and mayors are empowered to order
searches anywhere, anytime, day or night. The movement
of people, vehicles, and goods is banned from 0600 hours
to 1600 hours and from 2000 hours to 0600 hours.
Marches, parades, rallies, and demonstrations are banned.
The military is empowered to arrest persons who endanger
public security. The military is empowered to control
postal, telegraphic, and telephonic communications. The
military can search and seize radio transmitters and
receivers. The military can requisition persons, goods,
and services, as provided by law. The military is
empowered to control the press, all other publications,
radio and television broadcasts, cinemas, and theaters.
The military can transfer or suspend any civil servant or
government employee whose activities are dangerous for
public security. The military can seize arms,
ammunition, explosives, and other lethal weapons or
incendiary devices.


5. (U) Despite the broad powers conferred upon the
military, the civilian government remains in place.


6. (SBU) In sum, this "state of siege" places Guinea
under partial martial law for 12 days. It severely
limits individual freedoms. It constitutes a great step
backwards for democracy.


7. (SBU) For whatever reason, the last night's decree
does not refer to Article 74 of the constitution
(Fundamental Law) of 1990, which provides for a state of
siege or state of emergency. Instead, the decree refers
to subsequent Organic Law No. 91/016/CTRN of December 23,

1991. The decree does, however, appear to conform, at
least in part, to Article 74 of the constitution, which
states:

"A state of siege or a state of emergency is decreed by
the President of the Republic, with the advice of the
President of the National Assembly and the President of
the Supreme Court. Their advice is published in the
Official Journal. The President of the Republic can, by
order, take any measure necessary to defend national
territorial integrity and to maintain public order. The
National Assembly comes into session, if it is not
already in session. It cannot be dissolved. The decree
proclaiming a state of siege or state of emergency lapses
after 12 days, unless the National Assembly, upon request
from the President of the Republic, authorizes its
extension for a period it determines. Orders taken to
implement a state of siege or state of emergency lapse at
the end of said state."

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SITUATION ON THE GROUND
--------------


8. (SBU) The military deployed numerous patrols
overnight February 12-13, but their presence is light as
of this morning, February 13. There is no/no regular
vehicular traffic. Diplomatic vehicles, however, are
allowed. There are no known disturbances in Conakry or
upcountry.


9. (C) Yesterday's disturbances at military bases have

Classified by Ambassador Jackson McDonald. Reasons 1.4(b) and (d).

subsided, but it remains unclear to what extent
underlying tensions within the military persist.

MSI6522B NO E.O. LINE DETECTED OR INVALID EO LINE SECTION 0002


10. (SBU) There is great confusion among the population
about what this state of siege means. The decree was
broadcast in French only, not in local languages. People
are uncertain what they can and cannot do. So far the
population appears to be observing the curfew/state of
siege in Conakry, but initial reports from upcountry
indicate that some markets are open, with the local
population either ignoring or not understanding the
decree.

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DIPLOMATIC
--------------


11. (C) Immediately after the declaration of the state
of siege last evening, the Ambassador contacted Minister
of State for Foreign Affairs Mamady Conde, who confirmed
that he and other civilian ministers remain in place.
The Ambassador firmly reminded the Foreign Minister that
-- state of siege or not -- the Republic of Guinea has
international obligations under the Vienna Convention on
Diplomatic Relations to respect diplomatic immunities and
to provide security for diplomatic missions and
personnel. The Foreign Minister said he fully
understood. The Ambassador insisted that the Foreign
Minister also ensure that the military understands
Guinea's obligations under international law. The
Foreign Minister undertook to do so.


12. (C) After meeting with senior Guinean military
officers this morning, French Ambassador Jean-Michel
Berritt informed the Ambassador that the Guinean military
had not thought through the ramifications of the state of
siege on international flights, the welfare of
expatriates, and their freedom of movement. The French
Ambassador sensed that the military would loosen some of
the current restrictions.

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STATUS OF U.S. MISSION AND AMCITS
--------------


13. (U) The U.S. Mission is on Ordered Departure for
EFMs. We expect to be on Authorized Departure for non-
emergency, direct-hire personnel later today.


14. (U) We are actively coordinating the arrival of milair today at
1600 hours. The aircraft will bring three ESAT team members and then
depart for Dakar with approximately 20 EFMs, 3 TDYers, and 20 private
Amcits.

MCDONALD