Trend Tiktok: Will Article 53 lead to drifts towards other laws and mandates?

Article 53 Under Debate on Social Media

Article 53 of the draft Gabonese constitution, which imposes rigid criteria for access to the presidency, is causing much controversy on social media. Many Internet users fear that this provision will extend to other mandates and sectors of public life, including mayors , governors , as well as the allocation of public contracts and operating permits . Some believe that this article could serve as a legislative precedent , leading to a series of restrictive laws that would exclude significant segments of the population, including dual nationals.

In order to understand whether these fears are well-founded, we will rely on credible sources to inform this discussion.

Article 53: What it Says

Article 53 of the draft constitution proposes the following criteria for being a candidate for the presidency:

1. Single nationality : The candidate must renounce any other nationality at least two years before the election.
2. Origin of parents : The candidate must have Gabonese parents (by birth or naturalized).
3. Spouse : The candidate must be married to a Gabonese national, and the spouse's parents must also be of Gabonese nationality.

This provision, which is intended to preserve national integrity, raises the question of its potential impact on other public functions or economic sectors .

Source : Gabon Constitutional Revision Project 2024

The Risk of Extension to Local Mandates: Mayors and Governors

Many on social media fear that the criteria imposed by Article 53 could be applied to other elective mandates , such as mayors and governors. These positions, although more local than the presidency, have a crucial role in the daily management of communities.

The risk is that these criteria of nationality and origin, intended to protect national identity at the top of the State, will be extended to these levels of power. Indeed, several jurists are concerned that such an extension could create structural discrimination , by excluding dual-national Gabonese or those with naturalized parents.

Source : Official Journal of Gabon – analysis of jurists on the Gabonese constitution (July 2024 issue) . This article demonstrates that the constitutional framework , although framing the presidency, can serve as a model for other legislative reforms.

A Risk of Extension to the Award of Public Contracts and Operating Permits?

The fear of an extension of the criteria of Article 53 to the award of public contracts and permits is also at the center of the debates. Public contracts are already governed by specific laws that encourage the participation of Gabonese companies or those with a majority of Gabonese capital. However, the idea that only companies run by citizens meeting the criteria of Article 53 can access these opportunities raises concerns.

This could lead to economic closure and discourage foreign investment, while limiting opportunities for economic development. Foreign companies or dual-national leaders could be excluded from the process, which would run counter to the country's economic diversification goals.

Source : World Bank – African Public Procurement Review (2023), which analyses procurement criteria in several African countries, including Gabon. The report highlights the importance of diversity in bids to boost economic growth.

Historical Precedents: The Drifts of Ivorianness in Ivory Coast

The example of Côte d'Ivoire with the policy of Ivoirité is often cited to illustrate the dangers of this type of legislation. Introduced in the 1990s, Ivoirité imposed strict criteria of origin to access the presidency, but quickly spilled over into other aspects of political and social life. In particular, it was used to exclude certain ethnic and bi-national groups from public office, creating tensions that led to a civil war.

The Ivorian lesson shows that when identity criteria are enshrined in the constitution, they can lead to forms of institutionalized discrimination .

Source : SUPRACONSTITUTIONAL NORMS IN CRISIS CONSTITUTIONALISM IN FRANCOPHONE BLACK AFRICA. Marc Le Pape, "Ivorianness and its Consequences: Study on Ethnic Conflicts" , published in Politique Africaine (2015). This book offers an in-depth analysis of the impacts of the politics of Ivorianness on Ivorian society.

Can we fear a skid in Gabon?

While the history of Ivorianness is troubling, it is important to note that each country has its own legal specificities. In Gabon, extending the criteria of Article 53 to other sectors would require separate legislative reforms. These decisions are the responsibility of the legislative branch , and any changes would have to go through a parliamentary process.

However, constitutional symbolism is powerful, and it is possible that politicians or pressure groups will try to use Article 53 as leverage to push for similar reforms in other sectors. It is therefore essential to monitor legislative developments and remain vigilant against any attempts to extend these criteria.

Source : Constitution and Symbolism in Africa: Law in the Service of National Identity, University of Pretoria publication (2022) . SUPRACONSTITUTIONAL NORMS IN CRISIS CONSTITUTIONALISM IN FRANCOPHONE BLACK AFRICA. This report highlights how African constitutions are often used as symbolic tools to justify identity reforms.

Conclusion: A Justified or Exaggerated Fear?

Article 53 of the draft Gabonese constitution is a hotly debated topic. While it is understandable that some citizens are concerned about its extension to other areas, it is crucial to remember that each new law must be adopted within a specific legislative framework . Nevertheless, the historical precedent of Ivorianness in Côte d'Ivoire reminds us that it is essential to watch out for potential abuses , particularly when strict identity criteria are at stake.

As of yet, there is no direct evidence to suggest that Article 53 will be applied to other sectors in Gabon. However, it is essential that citizens continue to follow political debates closely and remain engaged to avoid any drift.

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Sources and References:

1. Draft Constitutional Revision of Gabon 2024 – Presidency of the Republic of Gabon.
2. Official Journal of Gabon (July 2024), analysis by lawyers on the constitution.
3. World Bank – Review of Public Procurement in Africa (2023).
4. Marc Le Pape, “Ivorianness and its Consequences: Study on Ethnic Conflicts” , in African Politics (2015).
5. Constitution and Symbolism in Africa: Law in the Service of National Identity – University of Pretoria (2022).

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