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Draft of the Gabonese Constitution
Gabonese Constitution
Preamble
The Gabonese people,
Aware of his responsibility before God, before his ancestors and before History;
Driven by the desire to ensure its independence and national unity, to organize community life according to the principles of national sovereignty, separation of powers, pluralist and participatory democracy, based on the holding of free and transparent elections, social justice and the rule of law;
Instructed by the lessons of its political and constitutional history, desirous of building a Nation united in its diversity, supportive, peaceful and prosperous, and concerned with preserving political stability;
Driven by the firm desire to rebuild the State, to rehabilitate its cardinal values, to preserve republican principles and to consolidate democracy and citizenship;
Inspired by the shared commitment to change for living together, development and well-being;
Conscious that choices made to meet the needs of the present must not compromise the ability of future generations to meet their own needs;
Convinced that the future and very existence of humanity are inseparable from its natural environment, which constitutes its common heritage and whose preservation must be sought in the same way as the other fundamental interests of the Nation;
Considering the conclusions of the 2024 National Inclusive Dialogue and taking note of the proposals and recommendations emanating from the various components of the Nation's vital forces;
Solemnly and sovereignly affirms its attachment to human rights and fundamental freedoms, as they result from the Declaration of the Rights of Man and of the Citizen of 1789 and the Universal Declaration of Human Rights of 1948, enshrined in the African Charter on Human and Peoples' Rights of 1981, and by the National Charter of Freedoms of 1990;
Declares its deep interest in ecological issues, the environment, climate change and the protection of ecosystems;
Solemnly proclaims its attachment to its land, to its deep and traditional social values, to its cultural, material and spiritual heritage, to respect for the freedoms, rights and duties of the citizen;
Affirms its full sovereignty over all natural resources on its soil and subsoil as well as over digital technology;
By virtue of these principles and that of the sovereignty of peoples, it adopts by referendum this Constitution, the supreme law of the State, of which the Preamble is an integral part.
Title I: Fundamental Rights and Freedoms and Duties
Chapter I: Fundamental Rights and Freedoms
Article 1
The Gabonese Republic recognizes and guarantees the inviolable and imprescriptible rights of Man, which are obligatory for the public authorities.
Article 2
Every citizen has the right to the free development of his personality, while respecting the rights of others and public order.
Article 3
No one may be humiliated, mistreated, tortured or subjected to cruel, inhuman or degrading treatment or punishment, even when under arrest or in prison.
Article 4
Freedom of conscience, thought, ideology, opinion, expression, communication, press, the right of access to information, freedom to undertake, the free practice of religion and worship, are guaranteed to all, subject to respect for public order.
Article 5
Freedom to come and go within the territory of the Gabonese Republic, to leave it and to return to it, is guaranteed to all Gabonese citizens, subject to respect for public order.
Article 6
Any foreigner who is regularly on the national territory enjoys, for his person, his family and his property, the protection of the law. He is required to comply with the laws and regulations of the Republic.
Article 7
No one may be extradited except in accordance with bilateral or multilateral international agreements and national laws.
Article 8
The rights of the defence, in the context of any trial, are guaranteed to all; preventive detention must not exceed the time provided by law.
Article 9
The secrecy of correspondence, postal, electronic, telegraphic, telephone and telematic communications is inviolable. No restriction of this inviolability may be ordered except in application of the law, for reasons of public order and state security.
Article 10
The State guarantees citizens the right of permanent access to the Internet, under the conditions set by law.
Article 11
The State guarantees citizens the right to information and access to physical or digital administrative documents, under the conditions set by law. All citizens have the right to be aware of the information contained in files, archives or computer registers concerning them, to be informed of the purposes for which they are intended and to demand that these data be rectified or updated, under the conditions set by law.
Article 12
Every person, whether alone or in a group, has the right to property. No one may be deprived of his property, except when legally established public necessity so requires and on condition of fair and prior compensation; however, real estate expropriations undertaken for reasons of public utility, for insufficiency or lack of development, and targeting registered properties, are governed by law.
Article 13
Obtaining a land title by natural persons is a right exclusively reserved for Gabonese. However, legal persons may claim to obtain a land title under the conditions set by law. The land title is an act subject to legal recourse under the conditions set by law.
Article 14
Every Gabonese has the right to freely establish his domicile or residence anywhere in the national territory and to exercise all activities there, subject to respect for public order and the law.
Article 15
The home is inviolable. A search may only be ordered by a judge or other authorities designated by law. Searches may only be carried out in the manner prescribed for them. Measures that undermine or restrict the inviolability of the home may only be taken to ward off collective dangers or protect public order from imminent threats, in particular to combat the risks of epidemics, terrorist acts or to protect persons in danger.
Article 16
The right to form associations, non-governmental organizations, foundations, political parties or groups, trade unions, companies, social interest institutions and religious communities is guaranteed to all under the conditions set by law. Religious communities regulate and administer their affairs independently, subject to respecting the principles of national sovereignty, public order and preserving the moral and mental integrity of the individual. Associations, non-governmental organizations, foundations, political parties or groups, trade unions, companies, social interest institutions and religious communities whose activities are contrary to the laws or to the good understanding of ethnic groups or groups may be prohibited under the terms of the law. Any act of racial, ethnic or religious discrimination, as well as any regionalist propaganda that may harm the internal or external security of the State or the integrity of the Republic are punishable by law.
Article 17
The right to organize and the right to strike are recognized for public officials and private sector workers, under the conditions defined by law. The exercise of the right to strike by public officials or by private sector workers must guarantee the continuity of service. The rights of consumers and users are guaranteed by the State, under the conditions set by law.
Article 18
The care and education of children constitute a natural right and a duty for parents, which they exercise under the supervision and with the assistance of the State and other public authorities. Parents have the right, within the framework of compulsory schooling, to decide on the moral and religious education of their children. Children have the same rights vis-à-vis the State with regard to both assistance and their physical, intellectual and moral development. However, freedom of education is guaranteed to all. Any person may open a preschool, primary, secondary or higher education establishment or a university, under the conditions set by law. The autonomy of universities and their franchises are recognized and guaranteed under the terms established by law. In public educational establishments, religious instruction may be provided to students at the request of their parents, under the conditions determined by the regulations. The law establishes the operating conditions of private educational establishments, taking into account their specificity.
Article 19
No one may be arbitrarily detained. No one may be held in police custody or placed in custody if they provide sufficient guarantees of representation, subject to security and procedural requirements. Any accused person is presumed innocent until proven guilty following a regular and fair trial, providing guarantees essential to their defense. The judiciary, guardian of individual freedom, ensures compliance with these principles within the time limits set by law.
Article 20
The State guarantees equal access for women and men to electoral mandates as well as to political and professional responsibilities.
Chapter II: Duties
Section I: Duties of the Citizen
Article 21
Every Gabonese citizen has the duty to love and defend the Fatherland as well as the obligation to protect and respect the Constitution, laws and regulations of the Republic. Military service is compulsory for Gabonese of both sexes, under the conditions set by law.
Article 22
Every Gabonese citizen has the right to obtain employment and the duty to work. No one may be harmed in their work because of their origins, sex, race, religion and opinions, under the conditions set by law.
Article 23
Every citizen has the duty to respect and defend national heritage and public property and to contribute to the preservation and improvement of the environment.
Section II: Duties of the State
Article 24
Any Gabonese citizen staying or residing abroad benefits from the protection and assistance of the State, under the conditions set by national laws or bilateral and multilateral international agreements.
Article 25
The family is the natural basic cell of society; marriage, the union between two persons of different sexes, is its legitimate support. The family and marriage are placed under the special protection of the State.
Article 26
The State reaffirms its commitment to pronatalist policy.
Article 27
The State has the obligation to respect the Constitution, fundamental rights and freedoms. It ensures that they are known, disseminated among the population and respected. The State takes the necessary measures to integrate the Constitution, fundamental rights and freedoms, as well as the duties of citizens into school and university education programs as well as into the training of civil and military public officials.
Article 28
The State ensures the participation of Gabonese living abroad in the life of the Nation. It watches over their interests.
Article 29
The State has a duty to organize a general census of the population every ten years.
Article 30
The protection of young people against exploitation and against moral, intellectual and physical abandonment is an obligation for the State and other public authorities.
Article 31
The State guarantees equal access for children and adults to education, vocational training and culture. The State has the duty to establish and organize educational programs; the award of degrees remains the prerogative of the State. The State has the duty to organize public education on the principle of religious neutrality and, according to its possibilities, on the basis of free education. The State has the duty to promote educational programs on the principle of relations between persons of the opposite sex. The law establishes the operating conditions of private educational establishments, taking into account their specificity.
Article 32
The State guarantees all citizens equal access to public employment and services, without distinction of gender, ethnicity, politics, religion or ideology. The State guarantees persons living with disabilities equal access to public employment and services. It has the duty to ensure, within the Administration, compliance with the principles of ethics, professional conduct, performance, transparency and accountability, a guarantee of the harmonious and sustainable development of the country.
Article 33
The defense of the Nation and the safeguarding of public order are ensured essentially by the national defense and security forces. Consequently, no person or group of persons may constitute themselves as a private militia or paramilitary group; the national defense and security forces are at the service of the State. In peacetime, the Gabonese defense forces may participate in the economic, social and environmental development work of the Nation.
Article 34
The State ensures the harmonious development of local communities, on the basis of national solidarity.
Article 35
The law sets out the conditions for participation by the State and other public authorities in the financial costs of private educational establishments, recognised as being of public utility.
Article 36
The State has the duty to organize and regulate political life.
Article 37
The law sets limits on the use of computers and information and communication technologies to safeguard people, their personal and family privacy, and the full exercise of their rights.
Article 38
The State, according to its possibilities, guarantees to all, in particular to children, mothers, persons living with disabilities, pensioners and the elderly, health protection, social security, a preserved natural environment, rest and leisure. The State guarantees to all access to drinking water and energy. The State has the duty to promote the quality of life and to protect the environment.
Article 39
The Nation proclaims the solidarity and equality of all in the face of public burdens; everyone must contribute, in proportion to their resources, to the financing of public expenditure. The Nation further proclaims the solidarity of all in the face of burdens resulting from natural and national disasters.
Article 40
Public authorities are required to promote, respect and ensure respect for good governance in the management of public affairs and to suppress corruption, embezzlement of public funds and similar offences. Any person vested with the functions of President of the Republic, Vice-President of the Republic, President of a constitutional institution, member of the Government, member of the Constitutional Court, parliamentarian, magistrate, head of the defence and security forces or any person exercising high functions in the Public Administration or responsible for the management of public funds, is required to declare his assets in accordance with the law.
Title II: Principles and Values of the Republic
Chapter I: Principles
Article 41
Gabon is a decentralized unitary state. The Gabonese Republic is one, indivisible, secular, democratic and social. It affirms the separation of the State and religions and recognizes all beliefs, subject to respect for public order. The Gabonese Republic ensures the equality of all citizens before the law, without distinction of origin, race, sex, opinion or religion. The national emblem is the tricolor flag, "green, yellow, blue", with three horizontal bands of equal size. The national anthem is "La Concorde". The motto of the Republic is "Union-Travail-Justice". The seal of the Republic is "Maternitéallaitement". Its principle is "Government of the people, by the people and for the people". The Gabonese Republic adopts French as its official working language. In addition, it works for the protection and promotion of local languages. The capital of the Republic is Libreville. It can only be transferred by virtue of a referendum law. National Day is celebrated on August 17. Liberation Day is celebrated on August 30.
Article 42
The solid, liquid or gaseous natural resources of the soil and subsoil of the national territory and its extensions are the exclusive property of the State, which specifies the terms of concession, research and exploitation under the conditions set by law.
Article 43
National sovereignty belongs to the people who exercise it directly, by referendum or by election, according to the principle of pluralist democracy and indirectly through constitutional institutions. No section of the people, no group, no individual may claim the exercise of national sovereignty.
Article 44
Suffrage is universal, equal and secret. It may be direct or indirect, under the conditions provided for by the Constitution or by law. The vote is a two-round single-member majority vote for presidential and parliamentary elections. The list vote for local elections is a single-round vote. All Gabonese men and women, enjoying their civil and political rights, are eligible to vote and be elected, under the conditions provided for by the Constitution and by law. No change to the electoral provisions may be initiated or completed in the twelve months preceding a political election.
Article 45
The Gabonese Republic is organized according to the principles of national sovereignty, the separation of executive, legislative and judicial powers and that of the rule of law.
Article 46
Legally recognized political parties contribute to the expression of suffrage. They are formed and exercise their activity freely, according to the principles of pluralist and participatory democracy. They are grouped into ideological blocs, under the conditions set by law. They contribute to equal access for women, men, young people and people living with disabilities to electoral mandates, under the conditions set by law. They must respect the Constitution and the laws of the Republic. Legally recognized political parties and groups of political parties benefit from State funding under the conditions provided for by law.
Article 47
Civil society is one of the components of the expression of pluralist and participatory democracy. It contributes to democratic, economic, social, cultural, environmental and cultural development.
Article 48
The State guarantees the right of democratic opposition. The Constitution guarantees the opposition a status that allows it to carry out its missions. The law defines this status and sets out the rights and duties relating to it.
Article 49
The State promotes inclusive political, economic and social dialogue.
Chapter II: Values
Article 50
The Gabonese Republic affirms the following values:
- Patriotism, loyalty and probity;
- Justice, impartiality and dignity;
- Work, merit, sense of responsibility and accountability;
- Discipline, civic-mindedness and citizenship;
- Brotherhood, tolerance and inclusion;
- Neutrality, transparency and integrity;
- Dialogue and the spirit of consensus;
- The spirit of solidarity, forgiveness and reconciliation;
- Respect for institutions, laws and regulations;
- Mutual respect in intergenerational relationships;
- Respect for good morals;
- Love of family and neighbor;
- Respect for human dignity.
Title III: Executive Power
Chapter I: The President of the Republic
Article 51
The President of the Republic is the Head of State; he embodies national unity; he ensures compliance with the Constitution; he ensures, through his arbitration, the regular functioning of public authorities as well as the continuity of the State. He is the guarantor of national independence, territorial integrity, and respect for international agreements and treaties. He determines and conducts the policy of the Nation. He is the exclusive holder of executive power.
Article 52
The President of the Republic is elected for seven years by direct universal suffrage. He may be re-elected only once. No one may serve more than two successive terms. The election of the President of the Republic takes place by a two-round single-member majority vote. The President of the Republic is elected by an absolute majority of the votes cast. If this is not obtained in the first round of voting, a second round is held on the fourteenth day following the announcement of the results. Only the two candidates who received the greatest number of votes in the first round may stand in the second round of voting.
Article 53
All Gabonese citizens of both sexes who meet the following conditions are eligible for the Presidency of the Republic:
- Being born of a Gabonese father and mother, themselves born Gabonese;
- Have the unique and exclusive Gabonese nationality;
- Be at least 35 years old and no more than 70 years old;
- Be married to a Gabonese man or woman born to a Gabonese father and mother;
- Have resided in Gabon for at least 3 years without interruption before the presidential election;
- Speak at least one local language;
- Enjoy a complete state of physical and mental well-being duly certified by a medical college appointed by the Constitutional Court before which he takes the oath;
- Enjoy civil and political rights.
Any Gabonese holding another nationality may be a candidate provided that he or she has renounced it two years before the election. If, before the election, the Constitutional Court, having been notified under the conditions provided for by law, notes the death or permanent incapacity of half of the candidates, it shall order the postponement of the election. The Constitutional Court may extend the time limits provided for, in accordance with Article 54 below, without the postponement of the election being able to exceed the date of expiry of the term of office of the President in office. The terms of application of this article shall be set out in an organic law.
Article 54
The term of office of the President of the Republic begins on the day he takes the oath, which takes place on the thirtieth day after the proclamation of the results by the Constitutional Court and ends on the expiry of the seventh year following that date. If there is no dispute, the decision of the Constitutional Court shall be made no later than the seventh day following the announcement of the results by the competent administrative authority. If there is a dispute, the decision of the Constitutional Court shall be made within a maximum period of fifteen (15) days from the sixth day following the announcement of the results. The election of the President of the Republic shall take place no more than three months before the expiry of the term of office of the incumbent President. The latter may not shorten his term in any way in order to seek another term. If the incumbent President of the Republic is a candidate, he may not, from the official announcement of his candidacy until the election, exercise his power to legislate by ordinance. If necessary, Parliament shall be convened in extraordinary session. In the event of the death or permanent incapacity of the incumbent President of the Republic who has not been re-elected, occurring before the expiry of his term of office, the President who has been declared elected shall immediately take the oath. If the decision to proclaim the results by the Constitutional Court has not been taken, the interim shall be ensured in accordance with Article 56 below. The death or permanent incapacity of the President elected or re-elected, occurring in the period between the proclamation of the results and the expiry of the term of office of the incumbent President, shall result in the resumption of all electoral operations under the conditions and within the time limits provided for in Article 52 above. In this case, once the vacancy has been established, the functions of the President of the Republic shall be ensured in accordance with the provisions of Article 56 below. During the period between the proclamation of the results of the presidential election and the start of a new presidential term, the revision of the Constitution may not be initiated or completed.
Article 55
Upon taking office, the President of the Republic solemnly takes the following oath before the Constitutional Court, in the presence of the offices of the Chambers of Parliament and the Heads of the High Courts, with his left hand placed on the Constitution and his right hand raised before the National Flag:
"I swear before God, our ancestors and the Gabonese people to devote all my strength to their well-being and to preserve them from any harm, to respect and faithfully defend the Constitution and the rule of law, to preserve democratic achievements, the independence of the homeland, the integrity of the national territory, to conscientiously fulfill the duties of my office and to be fair to all. May God help me."
When taking office and at the end of his term, the President of the Republic is required to produce a declaration of his assets to the Court of Auditors.
Article 56
In the event of temporary incapacity of the President of the Republic duly noted by the Constitutional Court, upon referral by the President of the National Assembly or the Vice-President of the Government, the Vice-President of the Republic shall provisionally exercise the functions of President of the Republic, excluding the powers provided for in Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181 of this Constitution. Temporary incapacity may not exceed one hundred and twenty days. After this period, the incapacity becomes permanent. In the event of a vacancy in the Presidency of the Republic for any reason whatsoever or of the permanent incapacity of its holder, as noted by the Constitutional Court, referred to either by the Bureau of the National Assembly ruling by a two-thirds (2/3) majority of its members, or at the initiative of the Vice-President of the Government after convening the Council of Ministers ruling by a simple majority of its members, the functions of the President of the Republic, with the exception of those provided for in Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181, shall be provisionally exercised by the President of the Senate, and, if the latter is in turn incapacitated, by the First Vice-President of the Senate. In all cases, neither may be a candidate in the presidential election. Before taking office, the interim President of the Senate shall take an oath under the conditions set out in Article 55 above. In the event of a vacancy or when the incapacity is declared permanent by the Constitutional Court, the vote for the election of the new President shall take place, except in cases of force majeure established by the Constitutional Court, at least thirty days and at most one hundred and twenty days after the vacancy or the declaration of the permanent nature of the incapacity is opened. The terms of application of this article shall be set out in an organic law.
Article 57
The functions of President of the Republic are incompatible with the exercise of any other public function or private activity of a lucrative nature.
Article 58
The President of the Republic is assisted by a Vice-President of the Republic and a Vice-President of the Government. The Vice-President of the Republic and the Vice-President of the Government are appointed by the President of the Republic who terminates their functions.
Article 59
The functions of Vice-President of the Republic are incompatible with the exercise of any other public function or private activity of a lucrative nature.
Article 60
The Vice-President of the Republic takes the oath on the Constitution before the President of the Republic and in the presence of the Constitutional Court in accordance with the following terms:
"I swear to respect the Constitution and the rule of law, to conscientiously fulfill the duties of my office in strict compliance with its obligations of loyalty and confidentiality towards the Head of State."
Article 61
The Vice-President of the Republic shall replace the President of the Republic in the functions delegated to him by the latter. The terms of application of this article shall be set out in an organic law.
Chapter II: Government
Article 62
The President of the Republic may, at any time, terminate the functions of the Vice-President of the Republic and the Vice-President of the Government. He shall inform Parliament thereof.
Article 63
The Government is headed by a Prime Minister appointed by the President of the Republic. The Prime Minister is responsible to the President of the Republic and to Parliament.
Article 64
The Prime Minister is responsible for the general direction of the Government's action. He ensures the coordination of the Government's actions. He is the guarantor of the coherence of the Government's policy. He directs and coordinates the actions of the Ministers. He ensures compliance with the Republic's international commitments.
Article 65
The Prime Minister, assisted by the Ministers, is responsible for the execution of laws. He has the regulatory authority necessary to ensure the functioning of public services and the application of laws. He is the head of public administration. He appoints senior civil and military officials.
Article 66
The Prime Minister and Ministers are responsible for their actions. They may be prosecuted for high treason or for crimes and offences committed in the exercise of their functions. The procedure is initiated by the House of Representatives and judged by the High Court of Justice.
Article 67
The Government is responsible to Parliament. The Prime Minister may hold the Government accountable to the National Assembly on a programme or a general policy statement. A vote of censure, adopted by an absolute majority of the members of the National Assembly, results in the resignation of the Government. The Prime Minister may also ask the Senate to vote on a motion of confidence. Rejection of this motion results in the resignation of the Government.
Article 68
The Government may, under the conditions set by law, hold its members liable before the Court of Justice of the Republic.
Article 69
The Government may, under the conditions set by law, hold its members liable before the Court of Auditors for management matters.
Article 70
The Government may, under the conditions set by law, hold its members liable before the Mines Court for acts relating to the exploitation of mining resources.
Article 71
The Government may, under the conditions set by law, hold its members liable before the Hydrocarbons Court for acts relating to the exploitation of oil and gas resources.
Article 72
The Government may, under the conditions set by law, hold its members liable before the Water and Forest Court for facts relating to the management of natural water and forest resources.
Article 73
The Government may, under the conditions set by law, hold its members liable before the Information and Communication Technologies Court for acts relating to the management of digital resources.
Title IV: Legislative Power
Chapter I: Of the National Assembly
Article 74
The National Assembly is composed of deputies elected for five years by direct universal suffrage. The number of deputies and the procedures for their election are set by law.
Article 75
The deputies are the representatives of the Nation. They are only bound by their conscience and their mandates.
Article 76
Members of Parliament enjoy parliamentary immunity. They may not be prosecuted, questioned, arrested, detained or tried for opinions expressed or votes cast in the exercise of their functions. However, they may be prosecuted for crimes or offences committed outside the exercise of their functions. In this case, the judicial authority must obtain authorisation from the Bureau of the National Assembly to proceed with their arrest.
Article 77
The National Assembly elects its President and its Bureau at the beginning of each legislature. The President of the National Assembly and the members of its Bureau are re-elected at each ordinary session.
Article 78
The National Assembly meets in two ordinary sessions per year, the duration and dates of which are fixed by law. The President of the Republic may, by decree, convene the National Assembly in extraordinary session. The duration of the extraordinary session may not exceed thirty days.
Article 79
The National Assembly is the main legislative body of the Republic. It votes on laws, monitors the actions of the Government and evaluates national policies.
Article 80
Bills are tabled by MPs. Draft laws are tabled by the Government. Proposals and draft laws are examined in committee before being discussed in plenary session.
Article 81
Laws are passed by the National Assembly. They are promulgated by the President of the Republic within fifteen days of their transmission. If the President of the Republic exercises his right of veto, he returns the law to Parliament for reconsideration. If Parliament maintains its position by a majority of two-thirds (2/3) of its members, the President of the Republic is required to promulgate the law within eight days.
Article 82
The National Assembly may, by a motion of censure, overthrow the Government. The motion of censure is adopted by an absolute majority of the members of the National Assembly. The Prime Minister and the Ministers are then dismissed from their functions.
Article 83
The National Assembly may, by a motion of confidence, support the Government. The motion of confidence is adopted by an absolute majority of the members of the National Assembly. The Government is then strengthened in its functions.
Chapter II: Of the Senate
Article 84
The Senate is composed of senators elected for five years. The number of senators and the terms of their election are fixed by law.
Article 85
Senators are elected by municipal, departmental and regional councils and by the general assemblies of political parties. Senators represent local authorities and the vital forces of the Nation.
Article 86
The Senate elects its President and Bureau at the beginning of each legislature. The President of the Senate and the members of its Bureau are re-elected at each ordinary session.
Article 87
The Senate meets in two ordinary sessions per year, the duration and dates of which are fixed by law. The President of the Republic may, by decree, convene the Senate in extraordinary session. The duration of the extraordinary session may not exceed thirty days.
Article 88
The Senate votes on laws in second reading. It can, by a motion of censure, overthrow the Government. The motion of censure is adopted by an absolute majority of the members of the Senate. The Prime Minister and the Ministers are then dismissed from their functions.
Article 89
The Senate may, by a motion of confidence, support the Government. The motion of confidence is adopted by an absolute majority of the members of the Senate. The Government is then strengthened in its functions.
Title V: Relations between the Executive Power and the Legislative Power
Article 90
The Government and the National Assembly collaborate in the development and adoption of laws. The Government may, under the conditions set by law, request the adoption of a bill as a matter of urgency.
Article 91
The Government and the Senate collaborate for the adoption of laws in second reading. The Government may, under the conditions set by law, request the adoption of a bill urgently.
Article 92
In the event of disagreement between the Government and Parliament on a draft law, the President of the Republic may, under the conditions set by law, submit the draft law to a referendum.
Article 93
The Government may, under the conditions set by law, dissolve the National Assembly. The dissolution of the National Assembly entails the organization of early elections within the following ninety (90) days.
Title VI: Judicial Power
Article 94
Judicial power is exercised by the Court of Cassation, the Council of State, the Court of Auditors, the Constitutional Court, the Court of Mines, the Court of Hydrocarbons, the Court of Water and Forests, the Court of Information and Communication Technologies, as well as by the lower courts and tribunals. Justice is rendered in the name of the Gabonese people, by independent magistrates.
Article 95
The Court of Cassation is the highest court in the judicial system. It is responsible for the interpretation of laws and the supervision of lower courts and tribunals.
Article 96
The Council of State is the highest administrative court. It is responsible for interpreting laws and supervising administrative courts.
Article 97
The Court of Auditors is responsible for monitoring the management of public finances. It is the jurisdiction of the financial order.
Article 98
The Constitutional Court is responsible for guaranteeing the Constitution and supervising elections. It is the jurisdiction of the constitutional order.
Article 99
The Mines Court is responsible for monitoring the management of mining resources. It is the jurisdiction of the mining order.
Article 100
The Hydrocarbons Court is responsible for monitoring the management of oil and gas resources. It is the jurisdiction of the hydrocarbons order.
Article 101
The Court of Waters and Forests is responsible for monitoring the management of natural water and forest resources. It is the jurisdiction of the water and forest order.
Article 102
The Information and Communication Technologies Court is responsible for monitoring the management of digital resources. It is the jurisdiction of the technological order.
Title VII: Of the Constitutional Court
Article 103
The Constitutional Court is composed of nine (9) members appointed by the President of the Republic, including three (3) on the proposal of the President of the National Assembly and three (3) on the proposal of the President of the Senate. The members of the Constitutional Court are appointed for a term of six (6) years, non-renewable. They are independent and impartial.
Article 104
The Constitutional Court is seized by the President of the Republic, the Prime Minister, the President of the National Assembly, the President of the Senate, or one fifth (1/5) of the deputies or senators, for the examination of the constitutionality of laws, regulations, decisions of the Government and acts of the Administration.
Article 105
The Constitutional Court rules on the constitutionality of laws, regulations, government decisions and administrative acts. It may also be called upon to examine the constitutionality of international treaties.
Article 106
The Constitutional Court is responsible for supervising elections. It records the election of the President of the Republic, members of parliament and senators. It may be called upon to examine disputes relating to elections.
Article 107
The Constitutional Court rules on conflicts of competence between public authorities. It may also be called upon to examine conflicts of competence between jurisdictions.
Article 108
The Constitutional Court rules on conflicts of jurisdiction between courts. It may also be called upon to examine conflicts of jurisdiction between courts.
Article 109
The Constitutional Court rules on conflicts of jurisdiction between courts. It may also be called upon to examine conflicts of jurisdiction between courts.
Title VIII: The Economic, Social and Environmental Council
Article 110
The Economic, Social and Environmental Council is a consultative institution. It is composed of representatives of trade unions, employers' organizations, consumer associations, non-governmental organizations, religious communities, civil society organizations, economic, environmental and social experts, appointed by the President of the Republic.
Article 111
The Economic, Social and Environmental Council gives its opinion on draft laws and proposed laws relating to the economy, social affairs and the environment. It may also be consulted by the Government on questions of economic, social and environmental policy.
Title IX: Decentralization and Localization
Article 112
The Gabonese Republic is organized according to the principles of decentralization and localization. The local authorities are the communes, departments, regions and provinces. They are endowed with administrative and financial autonomy.
Article 113
Local authorities are administered by elected assemblies. Their organization and operation are determined by law.
Article 114
Local authorities may conclude cooperation and partnership agreements with other local authorities, under the conditions set by law.
Article 115
Local authorities may, under the conditions set by law, participate in the management of natural resources located on their territory.
Title X: International Treaties and Agreements
Article 116
International treaties and agreements duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party.
Article 117
The President of the Republic, assisted by the Government, negotiates and ratifies international treaties and agreements. International treaties and agreements may only be ratified or approved with the consent of Parliament.
Article 118
International treaties and agreements which contain clauses contrary to the Constitution may only be ratified or approved after the Constitution has been revised.
Title XI: Revision of the Constitution
Article 119
The Constitution may be revised by the President of the Republic on the proposal of the Government or by one fifth (1/5) of the deputies or senators. The revision is adopted by Parliament, by a majority of two thirds (2/3) of its members. It is then submitted to a referendum, unless the President of the Republic decides not to do so.
Article 120
No revision may undermine the integrity of the national territory, the republican form of the State, the separation of powers, the independence of justice, the secular nature of the State, the equality of all citizens before the law, pluralist and participatory democracy, the protection of fundamental rights and freedoms, the religious neutrality of the State, the protection of natural resources, the protection of the environment, the protection of personal data, the protection of local languages, the protection of minorities and the protection of people living with disabilities.
Title XII: Transitional and Final Provisions
Article 121
The provisions of this Constitution shall enter into force on the day of its adoption by referendum, August 31, 2024.
Article 122
The institutions existing at the time of entry into force of the Constitution shall be maintained until their replacement by the new institutions.
Article 123
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 124
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 125
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 126
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Chapter I: Transitional Provisions
Article 127
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 128
The institutions existing at the time of entry into force of the Constitution shall be maintained until their replacement by the new institutions.
Article 129
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 130
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 131
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 132
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 133
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 134
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 135
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 136
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 137
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 138
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 139
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 140
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 141
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 142
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 143
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 144
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 145
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 146
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 147
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 148
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Chapter II: Final Provisions
Article 149
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 150
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 151
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 152
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 153
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 154
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 155
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 156
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 157
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 158
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 159
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 160
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 161
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 162
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 163
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 164
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 165
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 166
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 167
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 168
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 169
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 170
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 171
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 172
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 173
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 174
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 175
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 176
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 177
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 178
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 179
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 180
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 181
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 182
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 183
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 184
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 185
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 186
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 187
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 188
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 189
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 190
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 191
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 192
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 193
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.
Article 194
The provisions of the Constitution which are not immediately applicable will be implemented under the conditions and within the time limits set by law.