2024-08-23 18:11:35
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During a press conference held this Thursday, August 22 at the library of the Embassy of the United States of America, Dr. Galissa Hady Diallo, PhD in public law and economic regulation, lawyer and essayist, expressed his opinion on the preliminary draft of the new constitution under the title “What collective responsibility?” In front of several dozen journalists, this jurist stressed that a constitution does not need to be talkative. According to the founder of Perspective Guinée, an NGO specializing in institutional issues, Guinea missed a valuable opportunity with the third term.
Among the elements considered non-essential in this draft constitution, he cited the popularization of the project in remote villages, the benefits granted to former Prime Ministers and the creation of provinces. On the other hand, he found positive points, although sometimes requiring improvement, such as the preservation of the environment, which he wants to see endowed with legal personality, the unavailability of environmental crimes, access to public information, the protection of children and the establishment of a CENA to play a balancing role. However, he considers that the age criterion set at 40 years is questionable.
Furthermore, he criticized the current functioning of the judicial institution and the need for each political party to have a national presence. According to him, the parties should instead display a republican character. He also regretted the gradual disappearance of certain Guinean national languages and described the revision of the constitution once adopted after 30 years as “a legal stupidity and madness.”
At the end of his speech, Dr. Galissa Hady Diallo, Director of the Law and Light Cabinet and registered with the Guinean Bar, gave an interview to journalists to conclude the session. He stressed that, as this is a preliminary draft, it is essential that everyone can express their opinion so that it is taken into account in the development of the constitution that will be submitted to the population for approval.
According to him, “It is important that the constitution be as non-verbal as possible, focusing on the essentials. For me, the essential is a constitution that rationalizes the power of the President of the Republic, shares the power of appointment with the Head of Government, ministers and other members of the central administration. It must also guarantee fundamental rights, preserve our ecosystem, our environment and promote national cohesion. There are many other subjects that fall within the domain of the law, and it is not necessary to include them in the constitution, otherwise we risk wasting time and moving away from the essentials. It is crucial to have an intelligible constitution.”
He added: “In any case, we are currently in the discussion phase, and I believe that the constituent power, the CNT, will do what is necessary to include the essential in the project and the constitution, leaving the details to other devices and mechanisms. Thus, the constitution will not be a fundamental or supreme law if it includes too many details.”
He also stressed the importance of ensuring the independence of jurisdictional institutions, by finding the necessary processes, means and mechanisms. “Otherwise, in 5, 10, 15 or 20 years we risk asking ourselves the same questions and dividing ourselves on these issues, while the country has work in progress and progress to make. The challenges of the continent and the world will not pause to wait for Guinea to be ready; it is imperative to get to work to move forward.”
Mamadou Yaya Barry