Constitutional analysis
V1 vs V2
The new Gabonese Constitution presents a discourse focused on progressive principles, such as:
judicial independence, gender equality, data protection and citizen participation.
However, in the background it conceals risks for democracy, notably through a
amnesty clause which could promote impunity for those involved in the transition and those in power
extended emergency powers for the president. Although the control structure appears to strengthen the
transparency, it could also consolidate executive power and limit democratic reforms
future.
Intentions displayed
1. Anchoring the transition period in the text
The leaked draft already contained clauses protecting stakeholders from the transition period
(notably through amnesty). However, the final version goes further by anchoring even more
firmly this period in the constitutional history of Gabon. The articles concerning the
institutions of the transition (e.g. the National Assembly of the Transition, the Court
Constitutional Transition) are particularly notable. They ensure that this period
remains legally and politically protected until the renewal of institutions.
● Analysis: Specifying this period in the constitution shows a desire to
secure the transition and ensure that decisions taken during this period do not
will not be questioned by future institutions. This marks a break with the
dynamics of political instability which often followed periods of transition in Gabon, and
sets a historical precedent in the consolidation of power by actors of the
transition.
2. Strengthened amnesty clauses
In the leaked version, the amnesty clauses were present, but in the final version, they
are more comprehensive and explicitly cover all actors in events post-August 29, 2023
until the inauguration of the President of the Transition. This amnesty is irrevocable, which locks
any possibility of future prosecution.
● Analysis: This amnesty is one of the most critical aspects of the text. It protects not
not only political actors but also military and other officials involved.
This kind of clause can be interpreted in several ways: on the one hand, it could be
seen as a guarantee of social peace by avoiding the settling of scores after the
transition. On the other hand, it could also raise questions about responsibility and
impunity, particularly for actions that may have violated human rights.
Historically, this type of amnesty clause has often created post-transition tensions.
in countries where justice has been delayed.
3. Strengthening digital rights and data protection
What is notable in the final version is the clear and detailed inclusion of digital rights and
of personal data protection. Although the leaked draft mentioned this, the version
The final section devotes more articles to regulating the use of information technologies, social networks and artificial intelligence, by imposing limits on their use to protect the
privacy of citizens.
● Analysis: This is a significant addition in a global context where the question of rights
digital is gaining momentum. By including this in the constitution, Gabon is
positions itself as a modern state ready to manage the impact of new technologies on
the lives of its citizens. However, the implementation of these principles remains to be seen, especially
in a country where digital freedoms have sometimes been restricted in the past (such as
internet cuts during election periods).
4. The role of civil society and participatory institutions
The final version significantly strengthens the place of civil society in the process
democratic, as well as citizen participation, whether through local consultations
or through representation within institutions such as the Economic and Social Council,
environmental and cultural. This was not as detailed in the leaked version.
● Analysis: This is a sign of the government's willingness to show openness
broader democratic by directly involving citizens and entities
non-governmental organizations in the decision-making process. However, historically, in many
In many African states, these participation structures are often symbolic or
heavily controlled by the executive. The challenge will be to see whether this civil society will be able
actually play an autonomous and influential role in political decisions.
5. Deepening environmental protection
In the final version, there is a strengthening of environmental provisions, with a
more explicit mention of the fight against climate change, the protection of
biodiversity and natural resource management. Although the leaked project addressed
the environment, the final version further establishes it as a priority issue for the State.
● Analysis: This increased protection is part of a logic of sustainable development,
probably in response to international pressure on the conservation of the forests of
Congo Basin, of which Gabon is a key player. This could also be a way for
the country to align with global and regional environmental objectives, while
hoping to attract funding linked to ecological initiatives. It remains to be seen how
These principles will be applied in a country where extractive industries play a
leading role.
6. Reinforced inviolability of judicial institutions
The final version strongly reaffirms the inviolability of judicial institutions, in particular the
Constitutional Court, and details better the protections offered to judges. This goes further than in
the initial draft, where these protections were mentioned in a more vague manner.
● Analysis: This clarification on judicial independence is important to affirm the
separation of powers in Gabon. This also responds to past criticisms concerning
political interference in the judiciary. However, historically, the Court
Constitutional has often been perceived as close to the executive power, and the implementation
The implementation of these guarantees will be essential to give credibility to this independence in the eyes of
citizens and the international community.7. Stricter restrictions on constitutional revisions
The final version is particularly strict in terms of constitutional revisions. It
restricts any changes during key periods, such as pre-election periods or
periods of crisis. In addition, it locks certain elements such as the number of mandates
presidential elections, direct universal suffrage and the definition of marriage.
● Analysis: This blocking of the fundamental principles of the Constitution shows a desire
to ensure constitutional stability in a country where changes
constitutional have been frequent. However, this rigidity could be a double-edged sword,
because it limits future reforms even in contexts where adjustments would be
necessary to reflect societal or political changes.
Democratic Risks
1. Consolidation of executive power
The new constitution strengthens the role of the President of the Republic, particularly in matters of
appointment and management of key institutions (high courts, defence forces, Council
higher judiciary, etc.). Although certain guarantees of independence are mentioned,
the concentration of executive power remains strong.
● Democratic risk: This concentration of power could weaken the separation of
powers and make institutional balance difficult. In particular, the fact that the President has a
significant control over the appointment of magistrates and leaders of critical institutions
raises questions about the real independence of these bodies, in particular the Court
Constitutional, which is supposed to be an impartial arbiter.
2. Amnesty clause and potential impunity
The general amnesty for those involved in the transition, enshrined in the constitution, is a point
particularly problematic. It ensures impunity for actions that may have taken place during
this period, without the possibility of future prosecution.
● Democratic risk: This amnesty can be seen as an attempt to lock down
the responsibilities of the actors in place and to protect the political and military elites. This
could create a precedent of impunity in the management of political crises and encourage
the future of other transitions that are not accountable. In the absence of reconciliation
true, the amnesty also risks harming justice and national reconciliation, which
are essential elements of any democracy.
3. Restriction of constitutional revisions
The new constitution contains several strict restrictions on the possibilities of revisions
constitutional, particularly on sensitive issues such as the number of mandates
presidential elections, the voting system, and the republican character of the state. Although these restrictions are aimed
to ensure stability, they can also create blockages. ● Democratic risk: The blocking of certain elements of the constitution can make
difficult reforms, even if they are justified by political or social developments. This
can block the necessary democratic renewal, and risk locking the system in
policy in a rigid structure that may no longer correspond to aspirations
popular futures. It could also marginalize dissident groups or
reformers.
4. Inviolability and protection of transitional institutions
Specific mention of transitional institutions, such as the National Assembly of the
Transition and the Constitutional Court of the Transition, gives them extensive protection during the
post-2023 period. This allows the current actors to be kept in place until the
new institutions are in place.
● Democratic risk: This institutional protection could be used to prolong
artificially the influence of the actors of the transition, thus limiting the possibility of a
rapid change or democratic alternation. The actors of the transition, if they
extend this period, could benefit from broad powers without real
democratic counter-power, which could risk sliding the country towards a
authoritarian concentration of power.
5. Risks related to freedom of expression and digital surveillance
Although the constitution includes clauses on the protection of digital rights and privacy,
strict supervision of the use of information technologies could, if poorly applied, be
used to restrict freedom of expression and monitor citizens.
● Democratic risk: In Africa and other regions, the regulation of technologies
information and digital media has often been used as a tool to restrict
opposition and control critical speech. If these provisions are implemented
in a repressive manner, they could affect freedom of the press, the expression of
citizens and the ability of dissidents to organize online. Controlling the flow
information could also lead to internet blackouts during election periods or to
a follow-up of dissenting voices.
6. Low real autonomy of civil society
Although civil society is mentioned as a key actor in the new constitution, history
Gabonese politics shows that "participatory" institutions are often controlled by
the executive. There is a risk that citizen consultations or civil society associations
are used to legitimize decisions already taken by the government.
● Democratic risk: Civil society may not have real autonomy or
power of influence, and its role could be symbolic rather than effective. This would limit the
pluralism and would weaken participatory democracy, by keeping citizens at a distance from the
real decision-making power.
7. Constitutional stability at the expense of democratic flexibility
The emphasis on constitutional stability, including the prohibition on revising certain parts of
the Constitution and the insistence on fixed presidential terms, could prevent reforms
necessary or adjustments in the event of a political or social crisis. ● Democratic risk: A framework that is too rigid could lead to political blockages or
social tensions if the constitution becomes unsuitable for future challenges. This could
lead to crises of legitimacy, uncontrolled popular mobilizations, or even
authoritarian excesses to maintain stability at all costs.
Comparison of sections
1. Judicial structure
● Leaked version: A clear emphasis on the autonomy of the judiciary, with protections
important for the independence of judges, in particular the irremovability of magistrates and a
clear distinction between the different jurisdictions.
● Final version: While judicial independence is maintained, a new focus is
focused on the responsibility of judges to the public, as well as on the settlement of
disputes through traditional and alternative means.
Analysis: Although the irremovability of judges is a strong democratic principle, the addition of mechanisms
traditional dispute resolution can be seen as an attempt to decentralize the
justice. However, it is important to ensure that these mechanisms are not used to
circumvent modern judicial safeguards, particularly if this leads to unequal justice or
arbitrary.
2. Amnesty clauses
● Leaked version: Amnesty was already granted to those involved in the transition, particularly those
related to CTRI.
● Final version: The amnesty clause is extended, ensuring that no actor in the
transition is not held responsible for its actions.
Analysis: This general amnesty clause could represent a major risk for the State of
law, because it prevents any form of transitional justice. This can encourage abuses of
power, knowing that the actors are protected. This also raises questions about the
accountability of leaders and could undermine public confidence in institutions.
3. Constitutional revisions
● Leaked version: Strict limitations on constitutional revisions, in
particularly on key items such as the number of presidential terms.
● Final version: These limitations are reinforced with additional protections for
structures such as the republican form of state and democratic institutions.
Analysis: While these restrictions are intended to protect democratic stability, they could
blocking necessary reforms in the future. Locking in certain aspects of the constitution,
like the number of presidential terms, can reduce democratic flexibility, especially in
case of change in political context.
4. Transition period and institutions● Leaked version: Temporary mandates and roles defined for transitional institutions.
● Final version: The roles and responsibilities of these institutions are more detailed,
ensuring stability during the transition.
Analysis: Clarifying responsibilities during transition is important for stability
politics. However, a potential danger lies in the possibility that these temporary institutions
acquire disproportionate influence or that the transition period is prolonged indefinitely,
which could compromise the transition to a genuine democratic order.
5. Economic and environmental focus
● Leaked version: Mention of environmental protection, but few details.
● Final version: Increased importance given to sustainable development, with guidelines
clear for the management of natural resources and the protection of biodiversity.
Analysis: The strengthening of environmental and economic clauses shows a desire to
better frame sustainable development. However, the actual implementation of these policies
remains to be seen, and it is crucial that this does not become a mere rhetorical tool without real action.
government behind.
6. Role of political parties and civil society
● Leaked version: Mention of political parties as actors of pluralism.
● Final version: Civil society sees its role strengthened, with clear recognition of
its importance in democratic development.
Analysis: The focus on civil society is a positive step forward for participatory democracy.
However, it must be ensured that this participation is not purely symbolic, but that it has a
real impact on political decisions. It is also crucial to ensure that the parties
opposition parties have fair access to electoral mandates.
7. Executive power
● Leaked version: Powers of the President clearly defined, including that he is the head of the
government.
● Final version: Some adjustments regarding the duration of mandates and powers
emergency.
Analysis: Adjustments to emergency powers may allow the President to exercise a
more direct control in crisis situations. The democratic risk here is that this opens the
lead to the abusive use of exceptional powers, particularly during periods of unrest or
political opposition, which could weaken democratic institutions.
8. Suffrage and gender equality
● Leaked version: Universal suffrage and mention of gender equality.
● Final version: Strengthened equality, with provisions for equal access to
professional and political responsibilities, including people with disabilities.
Analysis: Strengthening gender equality is a commendable step forward. However, to avoid
If this becomes only a declaration of intent, it will be necessary to ensure rigorous implementation, in particular through quotas or concrete mechanisms to guarantee access for women and men.
disabled people in positions of responsibility.
9. Data protection and technologies
● Leaked version: Little detailed data protection clauses.
● Final version: Strengthened provisions for the protection of personal data and
the use of technologies.
Analysis: Strengthening data protection is a good move in an era
digital. However, the way in which these laws are applied will need to be monitored. There is a
risk of abusive surveillance, particularly if digital technologies are used to
control political opposition or restrict freedom of expression.
10. Inviolability of institutions
● Leaked version: Mention of the inviolability of the Constitutional Court.
● Final version: More details on the inviolability and regulatory role of institutions.
Analysis: Ensuring the inviolability of institutions is essential to guarantee their independence.
However, it is crucial that this protection is not used as a tool of control by
the executive to strengthen its power to the detriment of other branches of government.
11. Citizen participation
● Leaked version: Citizen participation mechanisms included.
● Final version: Citizen participation is encouraged with more mechanisms
concrete.
Analysis: Strengthening citizen participation is a positive development, as it opens the
path to a more participatory democracy. However, for this to be effective, it is essential that
These citizen consultations are not just formalities, but have a real impact.
on public policies.
Conclusion: Assessing Democratic Risks
The new constitutional text contains several provisions which strengthen the legal framework and
institutional framework of Gabon. However, democratic risks exist, particularly in the
concentration of executive power, impunity linked to the transition period, and the possibility of use
abuse of emergency powers.