Oligui Nguema betrayed and violated the Constitution by secretly modifying the text between the referendum and its publication in the Official Journal

On December 4, 2024, during his speech to the nation after the constitutional referendum, the President of the Transition, Brice Clotaire Oligui Nguema, declared : "This new Constitution marks a conclusive step in our Transition process. It lays the foundations of a fairer, more equitable State, where the rights of everyone are guaranteed and where the Institutions are at the service of the people."

However, this promise of transparency has been seriously reneged on, adding to the numerous testimonies of torture reported in the country in recent weeks. The text finally published in the Official Journal differs from the initial text submitted to the referendum, thus undermining the popular will.

The Gabon 2025 Collective discovered these changes by carefully comparing the version adopted by referendum with the one published in the Official Journal. A detailed report was prepared and made public on the website www.gabon2025.com , providing details of the altered passages, accompanied by the two versions of the text for consultation.

These alterations, introduced without consultation, violate both the popular will expressed by the referendum and the sanctity of the Constitution. Among the amended articles are Articles 28, 46, 93, 164 and 168. These changes, perceived as a betrayal of the popular will, have sparked indignation and raised questions about the sincerity of the promises of transparent governance made by the transitional president, Brice Clotaire Oligui Nguema.

An unprecedented act in the world

Nowhere else in the world has a Constitution adopted by referendum been so openly amended before its official promulgation. This practice, unprecedented in a state governed by the rule of law, demonstrates a total break with fundamental democratic principles. This scandal places Gabon in a unique and dishonourable position on the international scene.

To think that such an act could go unnoticed reflects a contempt for national institutions and for the Gabonese people, while exposing an institutional weakness that risks further weakening the country.

An insult to the intelligence of the Gabonese

These alterations, introduced without any public consultation, constitute not only a flagrant violation of democratic principles, but also an insult to the intelligence of the Gabonese people. To think that such changes would go unnoticed shows an alarming disregard for citizens and their ability to defend their sovereignty.

Amended Articles and Their Implications

Article 28: Reduced civic duties

• Version submitted to referendum: "Every citizen has the duty to respect and defend the national heritage and public property, and to contribute to the preservation and improvement of the environment."
• Published version: "Every citizen has the duty to contribute to the preservation and improvement of the environment."

Implications: Removing the duty to respect and defend public property weakens the civic importance of protecting national infrastructure and resources.

Article 46: Powers of the interim president extended

• Version submitted to referendum: "The excluded powers include in particular the dissolution of Parliament and exceptional powers."
• Published version: "These exclusions have been replaced by less critical articles, potentially allowing the temporary worker to exercise these prerogatives."

Implications: The absence of key exclusions opens the door to abuses of power during transition.

Article 93: Limited Congress Meetings

• Version submitted to referendum: "Constitutional revision and exceptional communications from the President."
• Published version: "Simplified revision and ordinary communications."

Implications: The change reduces the scope of Congress's meetings, limiting its role in critical issues.

Article 164: Weakening of institutional control

• Version submitted to referendum: "The Gabonese Republic, concerned with achieving African unity, may sovereignly conclude any sub-regional or regional integration agreement, in accordance with articles 165 and 166 of this Constitution."
• Published version: "The Gabonese Republic [...] in accordance with articles 162 and 163 of this Constitution."

Implications: This change considerably reduces the role of the Constitutional Court in monitoring international commitments.

Article 168: Facilitated constitutional revisions

• Version submitted to referendum: "The revision of the Constitution cannot be initiated or completed during the exercise of the exceptional powers provided for in Article 62."
• Published version: "The review [...] during the exercise of the exceptional powers provided for in Article 63."

Implications: Replacing the reference article weakens the guarantees provided in the event of revision.

An example from the report: A US military base in Gabon

The report, "Changes Identified in the Gabonese Constitution" (link to the report), explores a hypothetical scenario to illustrate the implications of the constitutional changes. It imagines a situation where Brice Oligui Nguema, taking advantage of recent changes, facilitates the installation of a U.S. military base in Gabon.

Scenario analysis

Gabon, strategically located in Central Africa, could be seen by the United States as an ideal platform to strengthen its presence in the region, justified by security and counterterrorism concerns. For Brice Oligui Nguema, such a project would offer the opportunity to strengthen its power by obtaining international support while circumventing traditional institutional mechanisms through constitutional amendments.

• Article 164: The reduction of the control of the Constitutional Court facilitates the rapid ratification of international agreements, even those compromising national sovereignty.

• Article 93: Limiting debates within Congress would allow the agreement to be validated discreetly, avoiding public or parliamentary mobilization.

• Article 168 : Emergency powers could be used to amend the Constitution after the fact, to bring national legal frameworks into line with the terms of the agreement.

This scenario highlights how changes to the constitutional text weaken institutional checks and balances, making possible controversial strategic decisions without consultation or transparency.

What can happen?

1. Return to the referendum text: An immediate and transparent revision could restore confidence, but would require strong political mobilization.
2. Maintaining the status quo: Ignoring protests risks exacerbating social tensions and further undermining the legitimacy of institutions.
3. International remedies: Regional and international organisations could be called upon to challenge these changes, increasing the pressure on the regime in place.
4. Prolonged instability: Failure to resolve could create a climate of lasting mistrust and further weaken democratic institutions.

Appeals in preparation

Given the scale of the scandal, legal remedies are currently being considered. Several lawyers and civil society organizations are considering appealing to the Constitutional Court, although its role has been weakened by the amendments in question. Others are calling for recourse to international bodies, such as the African Union and the United Nations, to denounce a flagrant violation of democratic principles and popular sovereignty.

The Gabon 2025 Collective is currently studying the various possible appeal scenarios and has not ruled out taking action itself to defend the popular will and preserve the rule of law in Gabon.