VZCZCXRO7968
PP RUEHMA RUEHPA
DE RUEHRY #0024/01 0091424
ZNR UUUUU ZZH
P 091424Z JAN 08
FM AMEMBASSY CONAKRY
TO RUEHC/SECSTATE WASHDC PRIORITY 2032
INFO RUEHZK/ECOWAS COLLECTIVE
RHMFISS/HQ USAFRICOM STUTTGART GE
RHMFISS/HQ USEUCOM VAIHINGEN GE
RHEFDIA/DIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 CONAKRY 000024 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PHUM ASEC GV
SUBJECT: LAWYERS TAKE SIDES IN GUINEA,S POWER STRUGGLE 
 
 
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SUMMARY 
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¶1.  (SBU) SUMMARY. Two public declarations allegedly coming 
from Guinea,s Bar Association show that the Bar is just as 
divided internally as most of the other actors in Guinea,s 
emerging political drama.  The President of the Bar 
Association came out in strong support of President Conte and 
undermined the prime minister,s legitimacy.  Although he 
criticized union plans to resume a nationwide strike on 
January 10 and implied that the strike has no legal basis, he 
did not directly come out and declare it illegal. Other 
lawyers came out with their own declaration saying that the 
President of the Bar Association acted independently and that 
his legal opinion does not reflect the position of the Bar 
Association.  END SUMMARY. 
 
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BAR ASSOCIATION AFFIRMS PRESIDENTIAL POWERS 
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¶2.  (U) The President of the Guinean Bar Association, 
Boubacar Sow, issued a declaration on January 8 supposedly 
representing the legal opinion of the entire Bar Association. 
 In principle, the Bar Association is an independent 
organization outside government jurisdiction.  Six pages in 
length, the document details a number of legal arguments 
essentially affirming that Guinea,s constitution clearly 
provides for a strong presidential regime.  Sow emphasized 
that the prime minister position has no constitutional basis. 
 Further, Sow wrote that the president has sole authority 
over cabinet ministers and reserves the right to delegate 
executive powers as he deems fit. 
 
¶3.  (U) On the subject of the January 27 Accords, a 
tripartite agreement signed in early 2007, Sow wrote that 
although the agreement says that the president accepted to 
nominate a prime minister and consensus government, the 
agreement does not define the consensus government nor say 
that it is  irreversible.,  According to Sow, the president 
can change his cabinet at will and is not required to justify 
his actions to the population.  Furthermore, Sow wrote that 
if the population wants to change the political regime, they 
must do so through their elected representatives in the 
National Assembly who can amend the constitution or issue a 
referendum. 
 
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...AND CRITICIZES PLANNED LABOR STRIKE 
-------------------------------------- 
 
¶4.  (U) Turning to the unions, plan to resume a nationwide 
labor strike on January 10, Sow criticized the labor unions, 
claiming that the strike is inappropriate and damaging to the 
country as a whole.  According to Sow, this is the first time 
in Guinea,s history that the labor unions have planned to 
strike for purely political reasons.  Pointing to Article 18 
of Guinea,s legal code, Sow affirmed that unions have the 
right to strike, but that they do not have any legal right to 
protest a presidential cabinet appointment. 
 
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WAIT A MINUTE ) THAT,S NOT WHAT WE SAID 
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¶5.  (SBU) Pol LES met with a contact at the Ministry of 
Justice on January 8 who recently participated in a USG 
training program on intellectual property rights.  Contact 
reportedly said that Sow,s declaration did not represent the 
opinion of the Bar Association and that member lawyers were 
not consulted.  According to contact, Sow acted entirely on 
his own.  When asked about possible reasons for doing so, 
contact reportedly said that a number of high-level 
presidential insiders had been seen visiting Sow recently, 
including Chief of Protocol Idrissa Thiam.  Contact told LES 
that he suspected Sow was hoping to position himself for a 
ministerial position.  Contact also said that Sow did not 
report to work after issuing the declaration and could not be 
reached by telephone. 
 
¶6.  (U) On January 8, a small group of Bar Association 
members were heard on Radio Familia denouncing Sow,s 
declaration as non-representative of the Bar Association.  In 
addition, the  lawyers of the Guinean Bar Association, 
issued a follow-on declaration stating that Boubacar Sow had 
acted independently and the Bar Association did not support 
Sow,s declaration. 
 
 
CONAKRY 00000024  002 OF 002 
 
 
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OH SORRY, YES WE DID SAY THAT 
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¶7.  (SBU) USAID LES later heard from other sources that the 
majority of the Bar Association does in fact support Boubacar 
Sow and agrees with his legal argument.  Contacts told LES 
that the group on Radio Familia represented only a small 
faction of the Bar Association and that the Bar Association 
as a whole will issue another declaration on January 9 
affirming Sow,s legal argument. 
 
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COMMENT 
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¶8.  (SBU) So...the Bar Association seems to be just as 
divided as all the other Guinean organizations and 
associations.  Every time one turns around, someone or 
another is issuing a new declaration.  Guineans appear to be 
quickly drawing lines in the sand and then looking up to see 
who stands where. 
 
¶9.  (SBU) At the same time, Sow,s statement has generated a 
bit of a stir since a number of groups are beginning to 
question whether the unions even have a legal ground to 
strike this time around.  Sow reinforced the absolute power 
of the presidency and undermined the legitimacy of the PM. 
Although he criticized the unions and implied that the 
upcoming strike is illegal, he did not actually make a 
definite legal determination.  The issue of the strike and 
its legality is a tricky one.  The strike does not seem to 
have the same level of popular support it had at this time 
last year, but that does not necessarily mean that the unions 
themselves lack support.  If a legitimate judicial body or 
association officially determines that the strike is illegal, 
and if the strike goes forward on January 10, union members 
could risk arrest.  Whether people support the strike or not, 
they may react very strongly to such arrests.  END COMMENT. 
CARTER