A/HRC/16/26 A. Main political developments affecting human rights 6. There have been several key political developments in Guinea since the signature of the Ouagadougou Agreement on 15 January 2010. This agreement was signed by different Guinean political parties to govern the process of the transition from the military ruling to democratic elections. The Ouagadougou Agreement established the Transitional Government of National Unity composed of 36 members, including a President as Acting Head of State and a Prime Minister from the opposition (referred to as the Forces Vives). The Transitional Government of National Unity was assigned two main tasks: the organization of presidential elections within six months of its establishment and reform of the security sector. 7. The Transitional Government created the National Transitional Council (CNT) to serve as the transitional Parliament. CNT elaborated various important legal documents, in particular the new Constitution of the Republic of Guinea with strong emphasis on respect for and the protection of human rights and fundamental freedoms. The new Constitution also provides for the creation of an independent national human rights institution. 8. The first round of the presidential elections was held in June 2010. Except for a few irregularities that were addressed by the Supreme Court, the election was considered free, fair and transparent by most international observers. The president of the Independent National Electoral Commission (CENI) released the preliminary results of the elections on 2 July 2010, declaring that Cellou Dalein Diallo, the leader of the Union des Forces Démocratiques de Guinée (UFDG), had received 43.69 per cent of the votes while the Head of the Rassemblement du Peuple de Guinée (RPG), Alpha Condé, had obtained 18.25 per cent thereof. On 20 July 2010, the Supreme Court upheld the results. 9. Because no candidate received the required majority of the vote, a second round of the elections was scheduled to take place. On 3 September 2010, the two presidential candidates signed an agreement to ensure a peaceful period before, during and after the elections. 10. Despite the agreement, there were tensions and violent protests on 11 and 12 September 2010, which resulted in the postponement of the elections. Tensions centred on controversy over the leadership of CENI and allegations of the corruption of Ben Sékou Sylla, the then president of CENI, who had been convicted of corruption by a trials court in Conakry on 7 September 2010. After his death, the election of Lounceni Camara by CENI members as his successor was contested by UFDG on the grounds of allegations of corruption. Following the conviction, in absentia, of Lounceni Camara for electoral fraud, President Konaté appointed a Malian national, General Toumani Sangaré, an electoral expert seconded by the International Organization of la Francophonie, as the new president of CENI, setting the stage for the run-off of the presidential elections. 11. The second round of the presidential elections was held on 7 November 2010, after nearly four months of delay. CENI announced the provisional results on 15 November 2010, confirming that Alpha Condé had received 52.5 per cent of the votes. The release of the election results led to violent acts throughout the country by Cellou Dalein Diallo’s supporters, who were disappointed with the results. This violence was particularly bad in Conakry and the region of the Moyenne-Guinée. Following several days of unrest, President Konaté declared a state of emergency on 19 November 2010 and troops were deployed throughout the country to enforce the curfew. According to the decree proclaiming the state of emergency, a curfew was imposed and public demonstrations and meetings were prohibited. The administrative authorities were given powers to move civil servants from one region to another without following the normal procedure for administrative staff movements, in particular the notice deadline. Following the proclamation of a state of emergency and a dusk-to-dawn curfew, a special unit of red 5

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