The Independence of the Electoral Judge in Guinea: A Comparative Analysis with Quebec Electoral Legislation

Since its independence on October 2, 1958, the Republic of Guinea has undergone many political and institutional changes. The nationalist movements, which led to its independence, were driven by the desire to become sovereign and self-managed. However, the country faced persistent challenges in governance and public administration and rarely held credible elections (Kabamba, 1990). Elections in Guinea were marked by various structural and political obstacles such as institutional weakness, complacency, party pressures, and socio-political tensions (Söderberg Kovacs & Bjamesen, 2014). Many international observers have often criticized Guinea's electoral system for its lack of transparency and credibility, noting irregularities and electoral fraud practices (Amnesty International, 2023; BBC News, 2023). On the other hand, Quebec's electoral legislation is based on a stable legal framework and solid institutional practices that ensure the independence of returning officers and the transparency of the process (CQLR c. E-3.3, 2021). This comparative study aims to conduct an analysis of Guinean and Quebec legal forms, to identify the specific challenges of Guinea and to make suggestions to guarantee the independence of electoral agents and the transparency of the electoral process. In contrast, Quebec has a strong legal and institutional framework to ensure the independence of electoral judges and the transparency of elections. The basis of the system is the Election Act (CQLR, c. E-3.3) and the system is administered by the Chief Electoral Officer of Québec (DGEQ), who is an impartial authority with constitutional and institutional guarantees.