On December 22, 2008, President Lansana Conte died after a long illness.
The following day, a military junta, the National Council for Democracy and
Development (Conseil National pour la Démocratie et le Développement, CNDD),
under Captain Moussa Dadis Camara, took power and promised a short transition
period of one year before handing power over to civilians. Despite these promises,
personal ambitions and internal divisions led to a prolonged and highly volatile
transition period. A second round of presidential elections in November 2010
confirmed Professor Alpha Conde as the winner.
The transition period (2008-2010) was marked by numerous reforms. The
National Transition Council (Conseil National de la Transition, CNT) – a
temporary parliament put in place in 2010 – adopted a new Constitution on
May 06, 2010. In the same year, it also revised and adopted new laws to regulate
the press sector, notably Law 002 granting media freedom, Law 003 creating a
High Communication Authority, as well as “the law authorising access to public
information.” However, none of the laws promulgated has yet been published in
the Official Gazette.
The Constitution guarantees freedom of expression and freedom of the media. Its
preamble proclaims Guinea’s adherence to the norms and principles of the United
Nations, the Declaration of Human Rights, the International Conventions
and Pacts governing Human Rights, the African Union’s Constitutive Act, the
African Charter on Human and Peoples’ Rights and its additional protocols on
Women’s Rights, as well as the Economic Community Of West African States
(ECOWAS) Treaty and its protocols on Democracy and Good Governance.
Article 7 of the Constitution says that “The creation of a press or media organ
for the dissemination of political, economic, social, cultural, sporting, recreational
or scientific information shall be free.” Any restriction to this provision must be
“absolutely necessary to maintain public order and defend democracy”.
The Constitution refers to the duty of the state “to ensure that the Constitution
[…] and all other duly ratified international instruments relative to human
rights […] are available to and understood by all.” Unfortunately, not all these
instruments are known to the public and no measures are taken to make sure they
are being respected.
Given the political and ethnic divisions in the country, freedom of expression is
practised timidly, and not without fear. There is no law which limits freedom of
expression; it is rather the abusive interpretation of the notion of state secrets
that endangers freedom of expression and denies citizens free access to public
information. The “law granting free access to public information” has still not
come into effect.
Anyone who wishes to publish a newspaper in Guinea just has to register:
“Anyone shall be free to create a media organ without prior authorisation and
without a surety deposit”. All it takes is a simple administrative declaration setting

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