Draft Constitution in Guinea: Legal Issues, Political Dynamics, and Democratic Prospects

Guinea’s draft Constitution marks a pivotal phase in the country’s ongoing transition following the 2021 military coup that ousted President Alpha Condé. The proposed text, submitted in June 2025, introduces key institutional reforms, including a seven-year presidential term, a bicameral Parliament, and a Special Court of Justice. While the National Transitional Council (CNT) frames the draft as a break from past constitutional flaws, critics question its legitimacy, citing limited opposition involvement and fears of reinforced presidential dominance. As the referendum approaches in September, the draft raises pressing debates around legality, legitimacy, and democratic renewal, making broad public endorsement crucial for Guinea’s return to constitutional order – writes Kabinet Fofana

[Editor’s Note: This article was translated from French by the editor.]

Introduction

In June 2025, Guinea’s National Transitional Council (CNT) submitted a draft new Constitution to the Transitional President General Mamadi Doumbouya. Among other things, the draft proposes the establishment of a seven-year presidential term renewable once, the creation of a bicameral parliament, and the establishment of a Special Court of Justice. This text marks a decisive step in Guinea's institutional trajectory, which has been engaged in a transitional process since September 2021. This article analyzes some of the political and legal foundations of the constitutional reform, the stages of its development, the debates it has sparked in the public sphere, the views of political actors and civil society, and the potential implications of its adoption by referendum. The analysis highlights the tensions between institutional innovation, democratic aspirations, and legitimacy challenges.

Political and Legal Context of the Constitutional Reform

Since Doumbouya came to power in September 2021 following a military coup carried out with the support of the Special Forces Group (GFS) against the regime of President Alpha Condé who was re-elected in 2020 for a controversial third term, Guinea has been undergoing a political transition aimed at rebuilding the country's institutional foundations. The process has been marked by the dissolution of the former institutions, a commitment to restore constitutional order, and the creation of a transitional parliament—the National Transition Council (CNT)—tasked with drafting a new constitution and some 30 organic laws, including one on elections.

Legally speaking, [the draft Constitution] seeks to rebalance state powers, to strengthen the rule of law, and to promote a modernized governance framework.

The drafting of a new Constitution is one of the ten pillars in the transition roadmap agreed upon by the Guinean government and the Economic Community of West African States (ECOWAS). The draft Constitution also represents a break from the 2010 and 2020 Constitutions in several respects. Legally speaking, it seeks to rebalance state powers, to strengthen the rule of law, and to promote a modernized governance framework.

The Constitution Drafting Process

The draft Constitution was prepared under the auspices of the CNT, with contributions from national lawyers, public law specialists, and international experts. From 2022 to early 2025, public consultations were conducted with the participation of political parties, trade unions, religious groups, and civil society organizations, which were represented on the CNT as advisors. Although they were held in local communities by national councillors, the public consultations, like the awareness campaigns around the pre-draft, were largely boycotted by citizens aligned with the political opposition. They viewed them as opaque and ineffective, bordering on sensationalism and representing a waste of public resources.

Despite a stated commitment to inclusiveness, some voices have denounced the centralization of the process around the transitional institutions (...).

This initiative, which was intensified in March 2025 with the creation of a panel of national experts initiated by the Transitional President, was in line with his desire “to receive proposals for improvement so that the final draft, which will be put to a referendum, fully and unreservedly reflects the socio-political realities, development aspirations, and ambitions of future generations.” Despite a stated commitment to inclusiveness, some voices have denounced the centralization of the process around the transitional institutions, with limited involvement from the formal political opposition, primarily grouped under the “Forces Vives de Guinée” coalition.

Content of the Draft and Major Innovations

The main innovations in the draft Constitution include the length of the presidential term, the eligibility criteria for presidential candidates, the creation of a Senate to complement the National Assembly, and the establishment of a Special Court of Justice.

While the CNT justifies this choice by citing public support during consultations, critics argue that it opens the door to an extended hold on power by the President (...).

Regarding the presidential term, it is set at seven years, renewable only once, breaking with the five-year term (also renewable once) that has been in effect since 2010. While the CNT justifies this choice by citing public support during consultations, critics argue that it opens the door to an extended hold on power by the President and deem it excessive and incompatible with current democratic standards.

Another change concerns the eligibility criteria for the presidency. Specifically, the draft authorizes independent candidacies in national elections, which until now were only allowed in local elections. If the draft is approved in September, this measure will not only reshape the political landscape by promoting new, unaffiliated political actors, but also grant them direct access to the national political arena, thereby reducing the dominance of established parties. This is all the more significant given that independent lists made notable gains in urban municipalities during the 2018 local elections.

Regarding the new Senate, it is defined as “the representative assembly of decentralized local governments and the nation’s socio-professional groups.” This upper chamber, unprecedented in Guinea’s recent political history, would complement the National Assembly to form a bicameral Parliament. It would share certain legislative powers with the lower house, particularly in matters relating to the creation and administration of local governments, electoral systems, associations, governance, social cohesion, national unity, and planning and development laws (Article 115 of the draft).

(...) [T]he idea of introducing a bicameral system in a unitary state has raised questions. (...) The CNT, for its part, maintains that this constitutional project reduces the presidential dominance of Guinea’s political system.

This Senate, which cannot be dissolved (Article 109), would consist of individuals aged at least 40, recognized for their integrity and expertise, and is intended to strengthen territorial representation and curb legislative hyper-centralization. However, the idea of introducing a bicameral system in a unitary state has raised questions. Some constitutional law experts consider it unnecessary or even opportunistic, suggesting it could serve as a platform for the President of the Republic who, according to Article 110, would appoint one-third of the senators. The remaining two-thirds would be elected by regional and municipal councillors, while National Assembly deputies would continue to be elected by universal suffrage. Technical criticisms also focus on the cost of bicameralism and the balance between the two chambers. The CNT, for its part, maintains that this constitutional project reduces the presidential dominance of Guinea’s political system.

This would be a significant step forward, as the High Court of Justice provided for in the 2010 Constitution to try the same crimes never became operational during the term of former President Alpha Condé.

As for the Special Court of Justice, it would be the competent jurisdiction to try the President, the Prime Minister, and members of the government for crimes and offenses committed in the exercise of their duties, and to try the President in cases of “high treason”—a crime for which he may then be removed from office. The effective establishment of this court would likely be welcomed by the public, which is generally intolerant of misconduct by public officials. The new court would also extend the efforts of the Court for the Repression of Economic and Financial Crimes (CRIEF) established by the transitional authorities. This would be a significant step forward, as the High Court of Justice provided for in the 2010 Constitution to try the same crimes never became operational during the term of former President Alpha Condé.

Other important innovations in the draft new Constitution include greater recognition of fundamental rights—particularly social and environmental rights, as well as procedural guarantees for citizens before the courts—and an enhanced role for the Constitutional Court.

Supporters of the project, often from circles close to the transitional government, hail it as a “historic step forward” and a “text of stability” capable of building a new Republic.

Supporters of the project, often from circles close to the transitional government, hail it as a “historic step forward” and a “text of stability” capable of building a new Republic. Meanwhile, opponents—including traditional political parties, some legal experts, and civil society actors—criticize the draft for being written “without real political opposition,” with a structure that, according to some, would reinforce “hyper-presidentialism” rather than mitigate it.

Outlook: from Draft to Referendum

(...) [T]he draft Constitution will be put to a referendum on 21 September 2025, although the legislative provisions governing its terms and conditions have yet to be published.

According to the announced schedule, the draft Constitution will be put to a referendum on 21 September 2025, although the legislative provisions governing its terms and conditions have yet to be published. To achieve this, a provisional electoral body, the General Directorate of Elections, tasked with organizing the referendum, is actively preparing for this first vote, which will establish the legal and institutional foundations necessary for holding presidential, legislative, and local elections—likely to take place next year. This initial step is crucial, both for the legitimacy of the draft and for the credibility of the transition itself.

Meanwhile, for over two weeks now, the Guinean government has been conducting a public awareness campaign, sending ministers and state officials across cities in the country to encourage citizens to vote in favour of the draft Constitution. However, the "Forces Vives de Guinée" coalition firmly opposes this project, denouncing it as a violation of the Transitional Charter, particularly Article 46, which states that no member of the transition may run in elections marking the return to constitutional order.

If adopted, the text will serve as a basis for a return to constitutional order, the organization of presidential, legislative, and local elections, and the institutional revival of the country.

Nonetheless, several uncertainties remain. The challenge of voter turnout and the quality of information provided to citizens will determine the social validity of the referendum. While the Ministry of Territorial Administration and Decentralization has set up civic and electoral education centers to raise awareness among citizens and increase their participation in the electoral process, President Doumbouya's official position, who remains silent on a possible candidacy, will influence the political interpretation of the draft Constitution. If adopted, the text will serve as a basis for a return to constitutional order, the organization of presidential, legislative, and local elections, and the institutional revival of the country.

Between Break and Continuity

The draft Constitution is part of a broader political transition that oscillates between the imperatives of institutional reform and the temptation to recentralize power.

The draft Constitution is part of a broader political transition that oscillates between the imperatives of institutional reform and the temptation to recentralize power. Presented as the founding text of a new republican order, it carries both promises of a break with the past and elements of continuity that could further entrench the presidentialism already deeply rooted in Guinea’s constitutional history.

Although the constituent authority praises the merits of this draft—intended to address the flawed modes of power accession by strengthening institutional mechanisms (which, in fact, was already the case in previous constitutions)—this alone is insufficient to ensure that the military remains outside the political arena, unless institutions are built that are permanently and unequivocally anchored in democratic norms and procedures for the transfer of power.

In a country marked by by a saga of coups d'état—the 1984 power grab, the military coup of December 2008, and that of September 2021—ending this cycle also requires a revitalization of the security sector reform (SSR). Initiated in 2009 under the military transition led by General Sékouba Konaté, this reform was gradually undermined during Alpha Condé’s presidency (2010–2021) due to the politicization of the military, which was used more to consolidate power than to structurally and democratically reform the armed forces.

Conclusion

From a normative perspective, the draft raises fundamental questions about the dialectic between legality, legitimacy, and effectiveness. Developed outside the traditional constitutional framework, in a context where the previous legal order has been suspended, it stands as a founding norm backed by revolutionary legitimacy, but one that will nevertheless have to seek popular validation through a referendum.

The referendum raises questions about its ability to produce a Constitution that is accepted as a collective pact for stability rather than a mere instrument of power management.

The referendum raises questions about its ability to produce a Constitution that is accepted as a collective pact for stability rather than a mere instrument of power management. From this point of view, it represents a decisive test: it will measure the degree of support among citizens for a text drafted in exceptional circumstances and reveal the depth of their commitment to the proposed new social contract.

Ultimately, the adoption or rejection of the draft Constitution will be a moment of democratic truth. It will gauge the political maturity of Guinean society, the credibility of the transitional authorities, and the state's ability to rebuild its institutions on a more inclusive, balanced, and sustainable basis.

Mr. Kabinet Fofana is a political scientist and Director of the Guinean Association of Political Science. His work focuses on patterns of power within the Guinean military, media influence on public opinion in African sociopolitical contexts, and information disorders stemming from digital media environments. He also contributes to strengthening democratic governance in Africa.

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Suggested citation: Kabinet Fofana, ‘Draft Constitution in Guinea: Legal Issues, Political Dynamics, and Democratic Prospects’, ConstitutionNet, International IDEA, 5 August 2025, https://constitutionnet.org/news/voices/draft-constitution-guinea-legal-issues-political-dynamics-and-democratic-prospects

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