GUINEAN LAWYERS THREATENS LABOR STRIKE

UNCLAS SECTION 01 OF 02 CONAKRY 000287 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PHUM PGOV PREL KDEM ASEC GV SUBJECT: GUINEAN LAWYERS THREATENS LABOR STRIKE ¶1. (SBU) SUMMARY. Guinea's equivalent of the National Bar Association is threatening to go on strike as early as May 21 to protest the CNDD's perpetuation of extra-judicial legal procedures and a parallel justice system. At a minimum, the Bar is demanding that the CNDD immediately eliminate two offices with judicial authority that are operating out of Camp Alpha Yaya. In response, CNDD President Dadis summoned the head of the Bar to meet with him the evening of May 21 and reportedly told him that he would examine their demands. As these issues are becoming increasingly problematic, the Bar's decision to take a stand is a positive development. At the same time, it is unclear how a potential strike would be received and what impact it might have. END SUMMARY. ¶2. (SBU) The 144 members of the National Order of Lawyers of Guinea (an organization equivalent to the Bar Association in the United States) has been threatening to go on strike as early as May 21. Pol/Econ Chief met with the head of the Bar, Maitre Mohamed Sampil, on May 20 to discuss the situation. Sampil was elected to his position by his associates on January 15 for a two-year term. -------------- PARALLEL JUSTICE SYSTEM MUST GO -------------- ¶3. (SBU) Sampil confirmed recent press reports regarding the reasons behind the strike, which stem from the Bar's frustration with the extra-judiciary processes and parallel legal system perpetuated by the CNDD since the coup. At a minimum, the Bar is demanding that the CNDD eliminate the Bureau of Conflict and the Bureau of Judicial Investigations, both of which operate out of Camp Alpha Yaya. (COMMENT. The Bureau of Conflict is reportedly staffed entirely by military personnel with no legal training. The Bureau has quickly gained a reputation as the place to go for an expeditious decision and/or reconsideration of closed cases. The Bureau has overturned at least one Supreme Court decision. END COMMENT) ¶4. (SBU) According to Sampil, the members of the Bar have been increasingly disturbed over the deterioration of the justice system and the general lack of respect for rule of law. The Bar met with the Minister of Justice in early February to raise these concerns. At that time, Sampil requested that the Minister raised the Bar's concerns directly with Dadis in order to draw his attention to the blatant disregard for the law and human rights. Sampil told Pol/Econ Chief that the Bar has not received any response to its request. ¶5. (SBU) Sampil explained that members of the Bar have been considering issuing a declaration on the situation for some time now, but refrained because they felt the "political equilibrium was too fragile." In addition, Sampil said that the CNDD's intentions in the beginning appeared genuine in that they said they would address corruption and drug trafficking, two issues of grave concern. "What patriot of his country could speak out against this agenda?" Sampil said. However, the Bar did direct all lawyers to refrain from participating in any legal procedures originating from Camp Alpha Yaya. ¶6. (SBU) Expounding on the many human rights abuses perpetuated by the CNDD in the name of justice, Sampil mentioned one particularly striking example. He described how CNDD President Dadis had recently appeared on "the Dadis Show" to preside over a land dispute case that had been reopened. During this public hearing over national television, Dadis reportedly declared himself as the country's "chief judge." He then proceeded to reverse the initial legal ruling. ¶7. (SBU) As the legal situation continued to worsen and Dadis and the CNDD failed to respond to the lawyers' concerns, Sampil said that the Bar was forced to threaten more concrete action. He anticipates that the strike could begin as early as May 21. Although the Bar only has 144 members, Sampil said that judges, notaries, and other legally trained professionals plan to participate. In response to the threat, Sampil was called down to speak to the Secretariat for the President today (May 20) in preparation for a meeting with Dadis later that evening. According to Sampil, the Bar is demanding that Dadis immediately eliminate any institutions that support a parallel system of justice. On May 21, Sampil called to say that the meeting went well and that Dadis was "in favor of examining their demands." -------------- CONAKRY 00000287 002 OF 002 COMMENT -------------- ¶8. (SBU) The issue of extra-judiciary processes and parallel justice is becoming increasingly problematic. Embassy has been routinely raising this issue with interlocutors and government officials, but the message seems to often be dismissed as yet another Western admonition about human rights. The Bar's decision to draw attention to the problem is a good thing. At the same time, the Bar has gone on strike in the past for various issues, but such strikes were barely acknowledged by the population since the justice system, even when it is at its best, barely functions at all. Dadis' meeting with the Bar will likely postpone the strike, but it will be interesting to see if he actually accedes to their demands. END COMMENT. RASPOLIC