Draft Gabonese Constitution (07/21/24)

PREAMBLE

The Gabonese people,

Aware of his responsibility before God, his Ancestors and History;

Carried by the spirit of August 30, 2023, intends to resume its march towards the construction of a state of law guaranteeing fundamental rights and freedoms;

Concerned about the preservation of the natural and intangible heritage of the Nation and respectful of the deep and traditional social values ​​which unite it;

Driven by the desire to ensure its independence and unity, to organize common 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;

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;

Solemnly proclaims its attachment to its land, to its deep and traditional social values, to its cultural, material and spiritual heritage and to its national languages, to respect for the freedoms, rights and duties of the citizen;

Solemnly and sovereignly affirms its attachment to human rights and fundamental freedoms, as they result from 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;

Reaffirms its full sovereignty over all natural resources on its soil and subsoil as well as over digital technology;

Declares its deep interest in ecological, environmental, climate change and ecosystem protection issues;

By virtue of these principles and that of the sovereignty of peoples, adopts by referendum this Constitution, supreme law of the Republic, of which the preamble is an integral part.

TITLE I: PRINCIPLES AND VALUES OF THE REPUBLIC
CHAPTER I: PRINCIPLES

Article 1:
Gabon is a Republic organized in the form of a decentralized unitary state.
The Gabonese Republic is one, indivisible, secular, democratic and social. It affirms the separation of State and religions.

The Gabonese Republic ensures the equality of all citizens before the law, without distinction of origin, race, ethnicity, sex, opinion, religion, beliefs and rites. Any act of racial, ethnic or religious discrimination, as well as any regionalist propaganda that may undermine national unity, the internal or external security of the State or the integrity of the Republic shall be punished by law.

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-Work-Justice”.
The seal of the Republic is “Breastfeeding Maternity”.
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, promotion and teaching of its national languages.

The capital of the Republic is Libreville. It cannot be transferred to any other place except by virtue of a referendum law.
The national holiday is celebrated on August 17.

Article 2:
Liberation Day is celebrated on August 30.

Article 3:
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 or hinder the regular functioning of the institutions of the Republic.

Article 4:
Suffrage is universal, equal and secret. It may be direct or indirect, under the conditions provided for by the Constitution or by law.

Article 5:
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 6:
Legally recognised political parties and groups of political parties contribute to the expression of suffrage, according to the principles of pluralist and participatory democracy. They are formed and exercise their activities freely under the conditions determined 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.
The State contributes to the financing of political parties according to terms set by law.
The State guarantees the right to democratic opposition under the conditions established by law.

Article 7:
Civil society is one of the components of the expression of pluralist and participatory democracy. It contributes to democratic, economic, social, religious, environmental and cultural development.

Article 8:
Any act that undermines the republican form, the unity, the secular nature of the State, the sovereignty, independence and integrity of institutions is punishable by law.

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CHAPTER II: VALUES

Article 9:
The Gabonese Republic affirms the following values:

• Respect for human dignity;
• 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;
• Solidarity, equity, ethics, sharing, forgiveness and reconciliation;
• Respect for good morals.

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TITLE II: RIGHTS, FREEDOMS AND DUTIES
CHAPTER I: FUNDAMENTAL RIGHTS AND FREEDOMS

Article 10:
The Gabonese Republic recognizes and guarantees the inviolable and imprescriptible rights of Man, which are obligatory for the public authorities.

Article 11:
Every citizen has the right to life, to the free development of his personality, to respect for his dignity and his physical and moral integrity.
Cloning of human beings is prohibited.
All forms of torture, cruel, inhuman or degrading treatment or punishment are prohibited.

Article 12:
No one may be humiliated, mistreated, tortured or subjected to cruel, inhuman or degrading treatment or punishment, even when under arrest or in prison.
Slavery and human trafficking are prohibited in all their forms.

Article 13:
Freedom of conscience, thought and free practice of religion and worship are guaranteed to all.

Article 14:
The State guarantees citizens equal access to information.
Everyone has the right to freedom of opinion, expression, communication and of the press.
She exercises her right to access and disseminate information regardless of the medium.
Access to administrative documents is open to all citizens.
All citizens have the right to be informed 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.
The law regulates the use of information technology and information and communication technologies to safeguard humanity, the personal and family privacy of individuals and the full exercise of their rights.

Article 15:
Every Gabonese citizen is an elector and eligible under the conditions set by law. He must be able to participate in the management of public affairs either directly or through elected representatives.
The State guarantees equal access for women and men to electoral mandates as well as to political and professional responsibilities.

Article 16:
No one shall be arbitrarily detained.
No one may be held in custody or placed in custody if they provide sufficient guarantees of representation, subject to security and procedural requirements.
Every defendant is presumed innocent until proven guilty following a regular trial, providing the guarantees essential to his defense.
Preventive detention must not exceed the time provided by law.
The rights of the defense, in the context of any trial, are guaranteed to everyone.

Article 17:
Every citizen has the right to come and go freely within the territory of the Gabonese Republic, to leave it and to return to it, the right to freely establish his domicile and residence anywhere in the national territory and the right to benefit from the protection and assistance of the State if he resides or stays abroad.

Any foreigner who is legally within 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.
No Gabonese may be extradited except by virtue of bilateral or multilateral international agreements and national laws.

Article 18:
Everyone has the right to respect for their private life.
The home is inviolable. A search may only be ordered by the judge or by other authorities designated by law. Searches may only be carried out in the manner prescribed by the latter.
Measures affecting or restricting 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 or to protect people in danger.
No restriction of this inviolability may be ordered except in application of the law, for reasons of public order and national security.

Article 19:
The secrecy of correspondence, postal, telegraphic, electronic, telephone and telematic communications is inviolable.

Article 20:
Every Gabonese citizen, whether alone or collectively, 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 insufficient or lack of development, and targeting registered properties, are governed by law.
The conditions and terms of access to property are set by law.

Article 21:
Everyone has the right to freedom of association.
The right to form associations, political parties or formations, trade unions, societies, social interest institutions as well as 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, political parties or formations, unions, companies, establishments of social interest, as well as religious communities whose activities are contrary to the laws, or to the good understanding of ethnic groups or groups may be prohibited according to the terms of the law.

Any act of racial, ethnic or religious discrimination, as well as any regionalist propaganda which could harm the internal or external security of the State or the integrity of the Republic, shall be punished by law.

Article 22:
Citizens have the right to assemble freely.
Gatherings, demonstrations or parades in public spaces must be authorized under the conditions provided for by law.

Article 23:
Every citizen has the right to work and to obtain employment and a fair wage.
No one may be disadvantaged in their work because of their origins, sex, race, religion or opinions.
He has the freedom to form unions with others and to join the union of his choice.
The right to strike is recognized for employees in the private sector and public agents for the defense of their interests. The exercise of this right must be reconciled with the maintenance of essential services of the Nation.

Article 24:
The State recognizes freedom of enterprise.
The economic activity and investments of individuals or legal entities must contribute to the sustainable development of Gabon and may in no way undermine its independence or the interests of its population.

Article 25:
The family is the natural basic cell of society. Marriage, the union between two persons of the opposite sex, is its legitimate support. They are placed under the protection of the State.
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.

Article 26:
The rights and freedoms set out in this Constitution shall be exercised under the conditions determined by law, with respect for public order and any principle or objective protected by the Constitution, and without being able to infringe the rights of others.
They may thus be subject to certain formalities, conditions, restrictions or sanctions established by law and considered necessary in a democratic society.

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CHAPTER II: DUTIES

Article 27:
Every citizen has the duty to defend the homeland.
He must respect and defend the national heritage and public property. He has the obligation to protect and respect the Constitution, laws and regulations of the Republic.
Military service is compulsory for Gabonese citizens of both sexes, under the conditions set by law.

Article 28:
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.

Article 29:
The care and education of children constitute a natural duty of parents, which they exercise under the supervision and with the assistance of the State and other public authorities.

Article 30:
The State guarantees equal access for children and adults to education, vocational training and culture.
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.

Article 31:
The State shall take the necessary measures to integrate the Constitution, in particular the fundamental rights and freedoms and the duties of citizens, into school and university education programmes and into the training of civil and military public officials.

Article 32:
The conferring of degrees remains the prerogative of the State.
Freedom of education is guaranteed to all. Any person may open a preschool, primary, secondary, higher education institution or a university, under the conditions set by law.
The law sets out the conditions for participation by the State and public authorities in the financial costs of private educational establishments, recognised as being of public utility.
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 sets the operating conditions for private educational establishments, taking into account their specific nature.

Article 33:
The State affirms its commitment to the pro-natalist policy.

Article 34:
The State has a duty to organize a general census of the population every ten years.

Article 35:
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 36:
The State guarantees all citizens equal access to public employment and services, without distinction of gender, ethnic, political, religious or ideological affiliation.
The State guarantees people living with disabilities equal access to jobs and public services.
He 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 37:
The State guarantees to all, including children, mothers, people living with disabilities, retirees and the elderly, health protection, social protection, a preserved natural environment, rest and leisure.
The State guarantees everyone access to drinking water and energy.
The State has a duty to promote the quality of life and protect the environment.

Article 38:
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 times of peace, the Gabonese defense and security forces can participate in the economic and social development work of the Nation.

Article 39:
The Nation proclaims the solidarity and equality of all before public charges; 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 the burdens resulting from natural and national disasters.

Article 40:
The State is required to promote and enforce good governance in the management of public affairs and to combat corruption, embezzlement of public funds and similar offences.

TITLE III: EXECUTIVE POWER
CHAPTER I: THE PRESIDENT OF THE REPUBLIC

Article 41:
The President of the Republic is the Head of State and holds executive power.
He embodies national unity, ensures respect for the Constitution, ensures, through his arbitration, the regular functioning of public authorities as well as the continuity of the State.
It is the guarantor of national independence, territorial integrity, and respect for international agreements and treaties.
He determines and conducts the policy of the Nation.

Article 42:
The President of the Republic is elected for seven (07) years by direct universal suffrage. He is re-eligible only once.
No one may serve more than two successive terms, regardless of any possible revisions to the Constitution.
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.
In the event of withdrawal or permanent incapacity of one of the two candidates who came first in the first round, he or she is replaced by the candidate who follows him or her in the order of ranking of the results of the first round of voting.
The candidate who receives the most votes is declared elected in the second round.

Article 43:
All Gabonese citizens of both sexes who meet the following conditions are eligible for the Presidency of the Republic:

• be born Gabonese to at least one Gabonese parent, himself born Gabonese;
• have unique and exclusive Gabonese nationality;
• be at least 35 years old and no more than 70 years old;
• be married to a Gabonese person born to at least one Gabonese parent, himself born Gabonese;
• have resided in Gabon for at least 3 years without interruption before the presidential election;
• speak at least one national language;
• enjoy a complete state of physical and mental well-being duly certified by a medical college which takes an oath before the Constitutional Court. This medical college is appointed by the Bureaux of both Houses of Parliament;
• enjoy their civil and political rights.

Any Gabonese national with another nationality may be a candidate, provided that they have renounced it three (3) years before the election.
The spouse and descendants of a President of the Republic cannot be candidates for his succession.

If, in the month preceding the first round of voting, the Constitutional Court, having been notified under the conditions provided for by law, notes the death or incapacity of a candidate, it shall order the postponement of the election.
The Constitutional Court may extend the deadlines provided for, in accordance with Article 44 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 are set by an organic law.

Article 44:
The term of office of the President of the Republic begins on the day he is sworn in, which takes place within eight (08) working days after the proclamation of the results by the Constitutional Court and ends at the end of the seventh year following this date.
If there is no dispute, the decision of the Constitutional Court will 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 will 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 takes place three months at the most before the expiry of the term of office of the President in office.
The latter may not shorten his mandate in any way to request another one.

If the President of the Republic in office is a candidate, he may not, from the official announcement of his candidacy until the election, exercise his power to legislate by ordinance. In case of necessity, Parliament is 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 proclaimed 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 46 below.
The death or permanent incapacity of the elected or re-elected President, occurring in the period between the proclamation of the results and the expiry of the term of office of the President in office, results in the resumption of all electoral operations under the conditions and within the time limits provided for in Article 43 above.

In this case, once the vacancy has been noted, the functions of President of the Republic are carried out in accordance with the provisions of Article 46 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 cannot be initiated or completed.

Article 45:
Upon taking office, the President of the Republic solemnly takes the following oath before the Constitutional Court, in the presence of Parliament, with his left hand placed on the Constitution and his right hand raised before the National Flag:
"I, (…), elected President of the Republic, commit myself before God, our Ancestors and the Gabonese people to devote all my strength to their well-being, protect them from any harm, respect and faithfully defend the Constitution and the rule of law, preserve democratic achievements, the independence of the Fatherland, the integrity of the national territory, conscientiously fulfill the duties of my office and be fair to all. I swear it."

Article 46:
In the event of temporary incapacity of the President of the Republic duly noted by the Constitutional Court, upon referral by the Presidents of the two Chambers of Parliament 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, 145 and 156 of this Constitution.
The temporary impediment cannot exceed forty-five days. After this period, the impediment 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, 145 and 156, 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 the oath under the conditions set out in Article 50 above.

In the event of a vacancy or when the incapacity is declared definitive by the Constitutional Court, the vote for the election of the new President takes place, except in cases of force majeure noted by the Constitutional Court, at least thirty days and at most one hundred and twenty days after the opening of the vacancy or the declaration of the definitive nature of the incapacity.

Article 47:
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 48:
The President of the Republic is assisted by a Vice-President of the Republic.
The Vice-President of the Republic is appointed by the President of the Republic who terminates his functions.
The functions of the Vice-President of the Republic also cease following the proclamation of the presidential election by the Constitutional Court and in the event of a vacancy in the Presidency of the Republic, for whatever reason, or of the permanent incapacity of the President of the Republic duly noted by the Constitutional Court.

Article 49:
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 50:
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 51:
The Vice-President of the Republic replaces the President of the Republic in the functions that the latter delegates to him.
The Vice-President of the Republic, upon express authorization from the President of the Republic, may chair the Council of Ministers with a specific agenda.
The terms of application of this article are set by an organic law.

Article 52:
The President of the Republic promulgates the definitively adopted laws within twenty-five (25) days following their transmission to the Government.
The President of the Republic may, during the promulgation period, request Parliament to re-deliberate the law or certain of its articles. This re-deliberation may not be refused. The text thus submitted to a second reading must be adopted by a majority of two-thirds (2/3) of its members, either in its initial form or after amendment. The President of the Republic shall promulgate it within the time limits set above.
If the text is adopted in its initial form, the President of the Republic shall refer the matter to the Constitutional Court, which shall rule within fifteen (15) days. The draft or proposed law shall be taken up in accordance with the instructions of the Constitutional Court and promulgated by the President of the Republic.
If the text is adopted after modification, the President of the Republic promulgates it within the time limits set above.

In the absence of promulgation of the law by the President of the Republic under the conditions and within the above time limits, he must refer the text to the Constitutional Court.
If the appeal is rejected by the Constitutional Court, the President of the Republic shall promulgate the law within ten days following notification of the Court's decision.

Article 53:
The President of the Republic ensures the application of laws and the execution of court decisions.
It has regulatory power.

Article 54:
The President of the Republic may, on his own initiative or on a proposal from the National Assembly or the Senate taken by an absolute majority, during the session, submit to referendum any bill implementing the principles contained in this Constitution and directly or indirectly affecting the functioning of the institutions.
When the referendum has concluded with the adoption of the draft law, the President of the Republic promulgates it in accordance with Article 52 above.

Article 55:
The President of the Republic is the head of the civil and military administrations.
It has all the defense and security forces.
He appoints to civil and military positions in accordance with the texts in force.
Appointments to certain senior civil positions and functions of the State are subject to the opinion of the Presidents of the two Chambers of Parliament.
A law determines the jobs and functions mentioned in the above paragraph, as well as the conditions of access to these jobs and functions.
An organic law determines the jobs and functions of sovereignty as well as the conditions of access to these jobs and functions.
Before taking office, the Commanders-in-Chief of the defense and security forces, the Governors, the Ambassadors and the Extraordinary Envoys take an oath before the President of the Republic under the conditions defined by law.

Article 56:
The President of the Republic is the Supreme Commander of the defence and security forces. As such, matters relating to these fall under his direct authority.
The President of the Republic chairs the High Council for National Defense and Public Security and the defense and security committees.
He is replaced, where appropriate, by the Ministers responsible for Defense and Security, upon express authorization and for a specific agenda.
The Ministers responsible for Defense and Security ensure the management of the defense and security committees according to their area of ​​competence.
A law shall establish the terms of application of this article.

Article 57:
The President of the Republic accredits Ambassadors and Extraordinary Envoys to foreign powers and international organizations.
Foreign Ambassadors and Extraordinary Envoys are accredited to him.

Article 58:
The President of the Republic has the right to pardon.

Article 59:
The President of the Republic communicates with each House of Parliament by means of messages which he has read by the President of each of them.
At his request, he is heard by the Chambers of Parliament meeting in Congress.
These communications do not give rise to any debate.
Out of session, each of the Chambers is convened specially for this purpose.
During the first session of the year, the President addresses the Parliament assembled in Congress on the state of the Nation.

Article 60:
The President of the Republic may, when circumstances so require, after consultation with the Council of Ministers and the Bureaux of the National Assembly and the Senate, proclaim by decree a state of emergency or a state of siege, which confers on him special powers, under the conditions determined by law.
The extension of the state of emergency or the state of siege beyond fifteen days is authorized by Parliament.
In the event of disagreement between the two Chambers, the decision is taken by the National Assembly by absolute majority.

Article 61:
The declaration of war by the President of the Republic is authorized by Parliament by a two-thirds majority of its members.

Article 62:
The President of the Republic may, after consultation with the Presidents of the two Chambers of Parliament and the opinion of the Constitutional Court, pronounce the dissolution of the National Assembly.
The use of this prerogative is limited to once during a single presidential term.
No dissolution may be pronounced within the first twenty-four (24) months of the legislature or when an indictment before the High Court of Justice is opened.
The renewal of the National Assembly takes place sixty (60) days at the most after the dissolution.

Article 63:
When the Institutions of the Republic, the independence or the higher interests of the Nation, the integrity of the territory or the execution of its international commitments are seriously and immediately threatened and the regular functioning of the constitutional public powers is interrupted, the President of the Republic takes the measures required by these circumstances, after official consultation with the Presidents of the National Assembly and the Senate as well as the Constitutional Court.
He informs the Nation of this by means of a message.
These measures must be inspired by the desire to provide constitutional public authorities, as quickly as possible, with the means to accomplish their mission.
During the exercise of exceptional powers, no institution of the Republic may be dissolved or suspended.
After thirty days of exercising exceptional powers, the Constitutional Court shall be referred to it by the President of the National Assembly or the President of the Senate, for the purpose of examining whether the conditions set out in the first paragraph remain met. It shall rule within eight days by public notice.
The revision of the Constitution cannot be initiated or completed during the exercise of exceptional powers.
Parliament meets as of right.

Article 64:
The President of the Republic may, when circumstances so require, after consultation with the Council of Ministers and the Presidents of the Chambers of Parliament, proclaim by decree a state of warning and a state of alert, under the conditions determined by law.
The extension of the state of warning or the state of alert beyond twenty-one days is authorised by Parliament.

Article 65:
The President of the Republic convenes and chairs the Council of Ministers and sets its agenda.
The Vice-President of the Republic is a member by right.

Article 66:
The President of the Republic appoints, in the Council of Ministers, to senior civil and military positions in the State, in particular Ambassadors and Extraordinary Envoys, Senior and General Officers, as well as Directors of central administrations and Governors.
An organic law determines the jobs or functions other than those mentioned in the first paragraph, for which the power of appointment of the President of the Republic is exercised, as well as those jobs or functions open only to Gabonese citizens of whom at least one of the two parents is Gabonese by birth.

Article 67:
Acts of the President of the Republic other than those referred to in Articles 52, 54, 58, 125, and 165, are countersigned by the members of the Government responsible for their execution.

Article 68:
The law establishes the benefits and guarantees granted to the President of the Republic and former Presidents of the Republic.

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CHAPTER II: GOVERNMENT

Article 69:
The President of the Republic is the Head of Government.
He is assisted by a Vice-President of the Government who ensures the coordination of government action.
He appoints the members of the Government and determines their responsibilities by decree.
He terminates the functions of the members of the Government by decree.
Only Gabonese citizens of both sexes, born of a Gabonese father or mother, aged at least thirty (30) years and enjoying their civil and political rights may be members of the Government.
The Government is responsible to the President of the Republic under the conditions provided for in this Constitution.

Article 70:
The members of the Government are chosen from within and outside Parliament.
A member of the Government is eligible for a national mandate or a local mandate.

Article 71:
Members of the Government are criminally liable for crimes and offences committed in the exercise of their functions and in the course of their duties.
Activities incompatible with the functions of member of the Government, their salaries, their advantages and their compensation are determined by law.

Article 72:
Before taking office, members of the Government take an oath before the President of the Republic, 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 to the Head of State, to religiously maintain, even after the cessation of my functions, the confidentiality of the files and information of which I have become aware in the exercise of these functions."

Article 73:
The functions of member of the Government are incompatible with the exercise of a parliamentary mandate.

Article 74:
The functions of a member of the Government cease after the President of the Republic has taken the oath.
The Government ensures the dispatch of current affairs until the formation of a new Government.

Article 75:
Draft laws, ordinances and regulatory decrees are deliberated in the Council of Ministers, after advisory opinion from the Council of State.

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TITLE IV: LEGISLATIVE POWER
CHAPTER I: COMPOSITION OF THE LEGISLATIVE POWER AND STATUS OF MEMBERS OF PARLIAMENT

Article 76:
The legislative power is represented by a Parliament composed of two Chambers: the National Assembly and the Senate.
The members of the National Assembly bear the title of Deputy. They are elected by direct universal suffrage for a renewable period of five (5) years.
The members of the Senate bear the title of Senator. They are elected by indirect universal suffrage.
The term of office of Senators is five (5) years, renewable. The Senate ensures the representation of local authorities.
The Chambers of Parliament are renewed in their entirety at least one month and at most six (6) months before the expiry of the current legislature. This renewal takes place in the same year.
The term of office of Deputies and Senators begins on the day of the election of the members of the Bureaux of the two Chambers of Parliament and ends at the end of the fifth (5th) year following the establishment of the Bureaux.
No division of electoral constituencies may be carried out in the current year or preceding the normal deadline for the renewal of each of the Chambers.
The seats of the Houses of Parliament are inviolable.

Article 77:
Members of Parliament enjoy parliamentary immunity.
No member of Parliament may be harassed, prosecuted, investigated, arrested, detained or judged on the occasion of opinions expressed or votes expressed by him in the exercise or on the occasion of the exercise of his functions and even after the cessation of these.
No member of Parliament may, except in the case of flagrante delicto or final conviction, be prosecuted, investigated or arrested in criminal, correctional or simple police matters until parliamentary immunity has been lifted.
Parliamentary immunity is lifted following a vote by public ballot and by a two-thirds (2/3) majority of the members of the Chamber concerned.
Members of Parliament are protected against threats, violence and attacks of any nature whatsoever to which they may be subjected in the exercise of their functions.
The detention or prosecution of a member of Parliament is suspended until the end of his term of office, except in the case of the lifting of parliamentary immunity.

Article 78:
An organic law establishes, for each of the Chambers, the number of parliamentarians, their compensation, the terms and conditions of their election as well as the system of ineligibilities and incompatibilities.

CHAPTER II: POWERS OF PARLIAMENT

Article 79:
Parliament votes on laws, approves taxes, monitors government action and evaluates public policies under the conditions provided for in this Constitution.

Article 80:
The means of information, control and evaluation of Parliament on the action of the Government are as follows:

• the arrests;
• written and oral questions;
• current issues;
• the investigation, control and evaluation commissions.

Article 81:
The Vice-President of the Government and the other members of the Government respond to questions before the relevant Chamber of Parliament.
In this circumstance, the relevant Chamber may take a resolution to make recommendations to the President of the Republic.

Article 82:
At least one session per month is reserved for questions from parliamentarians and responses from the Vice-President of the Government and Ministers.
However, a session devoted to the examination of current issues may be organized whenever necessary.
Current issues may be the subject of questions from the Vice-President of the Government and Ministers, even during extraordinary sessions of Parliament.
The Executive is required to provide Parliament with all the information requested of it on its management and activities.

Article 83:
An organic law determines the conditions under which the written question can be transformed into an oral question with debates, and the conditions of organization and operation of the commissions of inquiry, control and evaluation.

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CHAPTER III: ORGANIZATION AND OPERATION OF PARLIAMENT

Article 84:
Each House of Parliament meets as of right on the first working day following the fifteenth day after its election. Its agenda then includes exclusively the election of its President and its Bureau.
The Presidents and other members of the Bureaux of the National Assembly and the Senate are elected by their peers for the duration of the legislature, by secret ballot, in accordance with the provisions of the regulations of the Chamber concerned.
At any time after they have taken office, the relevant Chamber may remove the President and other members of the Bureau from office following a vote of no confidence, by an absolute majority.

Article 85:
Parliament meets as of right during two sessions of four (4) months per year.
The first begins on the first working day of March and ends on the last working day of June.
The second begins on the first working day of September and ends on the last working day of the third week of December.
The opening of the session is postponed to the following day if that day is a public holiday or, where applicable, the first working day that follows.

Article 86:
Parliament meets automatically during the state of siege and in the cases provided for in Article 63 above.

Article 87:
The Chambers of Parliament meet in extraordinary session, when convened by their Presidents, for a specific agenda, at the request of either the President of the Republic or the absolute majority of their members.
Extraordinary sessions are opened and closed by decree of the President of the Republic.
They cannot exceed a duration of fifteen (15) days.

Article 88:
The sessions of Parliament are public. A full report of the debates is published in the Journal des débats.
Each of the two Chambers may, under the control of its Bureau, have a retransmission of the debates broadcast by the public media, while respecting pluralism and in accordance with the provisions of its Rules of Procedure.
Each of the two Chambers may accommodate a foreign Head of State or Government or the Head of an international institution.
Each Chamber of Parliament may sit in camera, at the request of either the President of the Republic or one fifth (1/5) of its members.

Article 89:
The closing of ordinary or extraordinary sessions is automatically delayed to allow, where appropriate, the application of the provisions of Articles 61, 62, 64 and 66 of this Constitution.

Article 90:
Each parliamentarian is the representative of the entire Nation.
Any imperative mandate is null.
The right to vote of members of Parliament is free and personal.

Article 91:
Each House of Parliament votes on its Rules of Procedure, which can only come into force after being declared constitutional by the Constitutional Court. Any subsequent amendment is also subject to this procedure.

Article 92:
Each House of Parliament enjoys administrative and financial autonomy.
The terms of application of this article are set by an organic law.

Article 93:
The two Houses of Parliament meet in Congress for the following cases:

• the procedure for constitutional revision in accordance with Article 170 of this Constitution;
• the communication of the President of the Republic in accordance with Article 46 of this Constitution;
• authorization to declare war by a two-thirds (2/3) majority of the members of Parliament assembled in Congress, in accordance with Article 61 of this Constitution.

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TITLE V: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE LEGISLATIVE POWER
CHAPTER I: SCOPE OF LAW AND REGULATIONS

Article 94:
Apart from the cases expressly provided for by the Constitution, the law establishes the rules concerning:

• the exercise of citizens' fundamental rights and duties;
• the constraints imposed on Gabonese and foreigners in their persons and in their property, with a view to public utility and national defense;
• nationality, status and capacity of persons, matrimonial regimes, successions and gifts, the status of foreigners and immigration;
• the procedure by which traditions, rites, customs and practices are recorded, codified and brought into harmony with the fundamental principles of the Constitution;
• the organization of civil status;
• information, audiovisual, online, cinematographic and written communication;
• the conditions for the use of IT, digital technology and artificial intelligence so that the honour, personal and family privacy of citizens, as well as the full exercise of their rights are safeguarded;
• the compulsory military service regime;
• the regime for the protection of personal data and privacy;
• the political election system;
• the status of magistrates;
• the system of financing political life and electoral campaigns;
• the organization of Justice;
• the organization of Ministerial or Public Offices, the professions of Ministerial Officers;
• the determination of crimes and offences and the penalties applicable to them;
• criminal procedure, civil procedure, prison regime;
• the rules of procedure before the administrative and financial courts;
• the rules of procedure before the Constitutional Court;
• amnesty and the right of pardon;
• the state of warning, the state of emergency, the state of alert and the state of siege;
• the regime of associations, non-governmental organizations, foundations, unions, parties and political formations;
• the status of the opposition;
• the regime of worship;
• the basis, rate and methods of collection of taxes of all kinds, the system of issuing currency;
• the general status of the civil service and specific statuses;
• the definition of jobs and functions of sovereignty;
• the status of the local civil service;
• the status of the parliamentary civil service;
• the system of liability of authorising officers and public accountants;
• nationalizations of companies and transfers of ownership of companies from the public to the private sector;
• the public service concession system;
• the transport, digital, telecommunications and information and communication technologies regime;
• the general administrative and financial organization;
• the creation, operation and free administration of local authorities, their powers, their resources and their tax bases;
• the conditions for State participation in the capital of all companies and for its control of the management of these companies;
• the state, land, forest, mining, oil and housing regime;
• the protection regime for marine, oceanic and atmospheric areas;
• the protection of historical, digital, artistic, cultural and archaeological heritage;
• the conditions for the promotion and development of national culture and languages;
• the protection of nature, the environment and the fight against climate change;
• the biodiversity conservation and protection regime;
• the system of property, real rights and civil and commercial obligations;
• financial commitments of any nature and of any term of the State: loans, guarantees, sureties and endorsements;
• economic and social action programs;
• the conditions under which finance laws are presented and voted on and the nation's accounts settled;
• the finance laws determining the resources and charges of the State under the conditions provided for by an organic law;
• program laws setting the State's objectives in economic, social, cultural, tourist, foreign policy, defense and national security matters;
• planning, design and evaluation of public policies;
• the creation and abolition of autonomous public establishments and services;
• the food.

The law also determines the fundamental principles:

• of teaching, training and research;
• of health;
• social protection;
• labor law;
• of trade union rights including the conditions for exercising the right to strike;
• mutuality and savings;
• of the general organization of national defense and public security.

The administrative organization of the territory of the Republic is established by an organic law.
The provisions of this article may be clarified or supplemented by an organic law.

Article 95:
Matters other than those within the scope of the law have a regulatory character.

Article 96:
All resources and all charges of the State must, for each budgetary year, be evaluated and included in the annual draft finance law submitted by the Government to the National Assembly fifteen (15) days at the latest after the opening of the second ordinary session.
If the draft finance bill is not submitted after this deadline, the National Assembly will call on the Government to comply with the constitutional requirements. It has fifteen (15) days to submit the draft finance bill.
After the submission of the draft finance bill, if the National Assembly has not ruled on the first reading within forty-five (45) days, the President of the Republic shall refer the matter to the Senate, which shall rule within twenty (20) days.
It is then examined under the conditions provided for in Article 108 below.
If at the end of the budget session, Parliament adjourns without having voted on a balanced budget, the President of the Republic is authorised to provisionally renew, by order, the budget for the previous year.
At the request of the President of the Republic, Parliament is convened within fifteen (15) days for a new deliberation.
If at the end of the fifteen days, Parliament has not voted for a balanced budget, the President of the National Assembly returns the draft finance bill for the year to the President of the Republic. This is definitively established by special order.
New revenues which may be created, if they are direct taxes and similar contributions or taxes, are put into collection from the first of January.

Article 97:
The draft or proposed organic law is not submitted for deliberation and voting by Parliament until the expiry of a period of fifteen (15) days after its submission.
This period is reduced to eight (8) days if the Government requests urgency.
The draft or proposed organic law is adopted under the same conditions by each of the two Chambers of Parliament by an absolute majority of the members present.
The procedure of Articles 103 and 108 applies.
Organic laws may only be promulgated after having been declared to be in conformity with the Constitution by the Constitutional Court.

Article 98:
The Court of Auditors assists Parliament and the Government in monitoring the implementation of the finance law.
The draft settlement bill drawn up by the Government, accompanied by the report on the implementation of the finance law and the report on the certification of the general State account produced by the Court of Auditors, must be submitted to Parliament, at the latest, at the start of the second ordinary session of the first year following the financial year of implementation of the budget concerned.

Article 99:
The President of the Republic may, in an emergency, for the execution of his programme, ask Parliament for authorisation to take by ordinance during the parliamentary recess, measures which are normally within the domain of the law.
The ordinances are issued after the advisory opinion of the Council of State and signed by the President of the Republic. They come into force upon publication.
They must be ratified by Parliament during its next session.
Parliament has the possibility to modify the ordinances by way of amendments.
In the absence of a ratification law, the ordinances are void.
Ordinances may be amended by another ordinance or by law.

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CHAPTER II: LEGISLATIVE PROCEDURE

Article 100:
The initiative for laws belongs concurrently to the Government and to Parliament.

Article 101:
Draft laws are tabled in one of the two Chambers of Parliament, after consultation with the Council of State.
By delegation of the President of the Republic, the Vice-President of the Government or any other member of the Government is responsible for explaining the reasons and supporting the discussion before the Chambers of Parliament.
Finance bills and constitutional amendment bills are first submitted to the National Assembly. Bills relating to local authorities are first submitted to the Senate.
Any bill transmitted to the Government by Parliament which has not been examined within sixty days is automatically put for deliberation within Parliament.

Article 102:
The agenda of Parliament includes the discussion of bills tabled by the Government and proposed laws.
The Government is informed of the agenda of the work of the Chambers and their Committees.
The Government has the right of access and speech in the Chambers of Parliament and their Committees. Ministers are heard at the initiative of the parliamentary bodies or at their request.

Article 103:
Members of Parliament have the right to amend.
Bills and amendments of parliamentary origin are inadmissible when their adoption would result in either a reduction in public revenue or the creation or increase of a public charge without the release of the corresponding revenue.
Amendments must not be unrelated to the text to which they relate.
If the Government so requests, the Chamber concerned shall decide by a single vote on all or part of the text under discussion and shall only retain the amendments proposed or accepted by the Government.

Article 104:
If it appears, during the legislative procedure, that a text or an amendment does not fall within the scope of the law, within the meaning of the aforementioned Article 96, or exceeds the limits of the legislative authorisation granted to the Government under Article 101, the Government may raise the inadmissibility, as may the President of the Chamber concerned at the request of one fifth of its members.
In the event of disagreement, the matter shall be referred to the Constitutional Court, which shall rule within eight (8) days.
Any person aggrieved by a text deemed unconstitutional may also refer the matter to the Constitutional Court, which must rule within the same time period.
If this deadline is not met, the text becomes null and void.

Article 105:
The urgency of voting on a law may be requested either by the Government or by members of Parliament by absolute majority.

Article 106:
Any draft or proposed law is examined successively in the two Chambers of Parliament with a view to the adoption of an identical text.
When, as a result of a disagreement between the two Chambers, a bill or proposed law cannot be adopted after a single reading by each of the Chambers, the Presidents of the Senate and the National Assembly convene a meeting of a Joint Committee of the two Chambers, responsible for proposing a text on the provisions still under discussion.
If the Joint Committee adopts a common text, the latter only becomes that of Parliament if it is adopted separately by each of the Chambers.
If the Joint Committee fails to adopt a common text, the National Assembly shall make a final decision, with the exception of laws relating to local authorities and the Constitution.
In the event of persistent disagreement following examination of the Constitution, one of the Presidents of the two Chambers shall refer the matter to the Constitutional Court for an opinion.
The procedure relating to the budget is identical to that of ordinary law, subject to the special provisions referred to in Article 98 above.
The National Assembly and the Senate receive a copy of the laws and ordinances as soon as they are promulgated. The same applies to all regulatory acts taken in application of these laws.

Article 107:
Draft laws and proposed laws are sent for examination to the relevant Committees of each Chamber of Parliament before deliberation in plenary session.
After the opening of the public debates, no amendment may be examined unless it has first been submitted to the competent Committee.

Article 108:
In the event of the dissolution of the National Assembly or the inability to meet for any reason whatsoever, the Senate shall adopt the legislative texts necessary for the conduct of the policy of the Nation which are submitted to it by the President of the Republic. These legislative texts must be transmitted to the National Assembly during the first ordinary session following the establishment of the Bureau of the new legislature.

TITLE VI: JUSTICE

CHAPTER I: GENERAL PRINCIPLES OF JUSTICE

Article 109:
Justice is rendered in the name of the Gabonese people by the Constitutional Court, the courts of the judicial order, the courts of the administrative order, the courts of the financial order, the High Court of Justice, the Court of Justice of the Republic and other exceptional courts.

Article 110:
The jurisdictional orders enjoy financial autonomy under the conditions set by law. The credits necessary for their operation are included in the finance law.

Article 111:
The judiciary is independent of the executive and legislative powers, in accordance with the provisions of this Constitution.
Magistrates are subject, in the exercise of their functions, only to the authority of the law.
Judges are irremovable under the conditions set by law.
Court decisions are made solely on the basis of the impartial application of the law.
Court decisions are justified and published under the conditions set by law.

Article 112:
Alternative and traditional methods of dispute resolution are permitted under the conditions determined by law.

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CHAPTER II: OF THE CONSTITUTIONAL COURT

Article 113:
The Constitutional Court is the jurisdiction of the State in constitutional matters. It is impartial and independent of the executive and legislative powers, in accordance with the provisions of this Constitution.
It is the judge of the constitutionality of laws and the regularity of presidential, legislative and referendum elections. It guarantees the fundamental rights of the human person and public freedoms.
It is the regulatory body for the functioning of institutions and the activity of public authorities.
The seat of the Constitutional Court is inviolable.

Article 114:
The Constitutional Court must rule on:

• international treaties and agreements before their entry into force, as to their conformity with the Constitution, after adoption by Parliament of the authorising law;
• draft or proposed amendments to the Constitution before their adoption by Parliament, as to the regularity of the procedure and the subject of the amendment;
• the constitutionality of organic laws before their promulgation;
• the regulations of the National Assembly, the Senate and the Economic, Social, Environmental and Cultural Council, before their implementation, as to their conformity with the Constitution;
• the regulation of the Congress of Parliament, before its implementation, as to its conformity with the Constitution;
• conflicts of attribution between State institutions, with the exception of conflicts of competence between jurisdictional orders;
• the regularity of presidential and parliamentary elections and referendum operations, the results of which it proclaims;
• the forfeiture of the mandate of Deputies and Senators.

Article 115:
The Constitutional Court may rule on:

• the constitutionality of laws before their promulgation and of ordinances after their publication;
• the constitutionality of laws promulgated within a maximum period of thirty (30) days after their publication.
  When the Constitutional Court admits the unconstitutionality of a law, Parliament remedies the legal situation resulting from the Court's decision within thirty (30) days.

Article 116:
Apart from the other powers provided for in this Constitution, the Constitutional Court has the power to interpret the Constitution and other texts of constitutional value, in the event of doubt or gap. It is seized at the request of the President of the Republic, the President of the National Assembly, the President of the Senate, one tenth of the Deputies or one tenth of the Senators.

Article 117:
The rules of organization and operation of the Constitutional Court, as well as the procedure followed before it, are determined by an organic law.

Article 118:
The Constitutional Court is seized in the event of a dispute over the validity of an election, by any voter, any candidate, any political party or government delegate under the conditions provided for by the rules of procedure before the Constitutional Court.

Article 119:
Organic laws and ordinances relating to the area covered by organic law are submitted by the President of the Republic to the Constitutional Court before their promulgation or publication.
Other categories of law and ordinances may be referred to the Constitutional Court, either by the President of the Republic, or by the Presidents of the Chambers of Parliament or one tenth (1/10) of the members of each Chamber, or by the Presidents of the Court of Cassation, the Council of State and the Court of Auditors, or by any citizen or legal entity harmed by the law or ordinance being contested.
The Constitutional Court rules ex officio on the constitutionality of laws and ordinances deemed to infringe on fundamental human rights and public freedoms. It rules more generally on violations of human rights and its decision must be made within a maximum period of eight (8) days.
It rules, according to an adversarial procedure, the terms of which are set out in the organic law, within a period of one (1) month. However, at the request of the President of the Republic and in cases of emergency, this period is reduced to eight (8) days.
The appeal suspends the period for promulgation of the law or the application of the contested order.
A provision declared unconstitutional cannot be promulgated, published or applied.

Article 120:
Any litigant may, from the start of the procedure, during a trial before an ordinary court, raise an exception of unconstitutionality against a law or an order which violates his or her fundamental rights.
The trial judge refers the matter to the Constitutional Court by way of a preliminary ruling.
The Constitutional Court shall rule within one (1) month. If it declares the incriminated law or ordinance to be contrary to the Constitution, this law or ordinance shall cease to have effect as of the decision.
Parliament will examine, during the next session, in the context of a referral procedure, the consequences arising from the decision of non-conformity with the Constitution issued by the Court.
When the Constitutional Court admits the unconstitutionality of an order, the President of the Republic remedies the legal situation resulting from the decision of the Court within a period of one (1) month.

Article 121:
The international commitments provided for in Articles 165 and 166 below must be referred, before their ratification, to the Constitutional Court, either by the President of the Republic, or by the President of the National Assembly or one tenth (1/10) of the Deputies, or by the President of the Senate or one tenth (1/10) of the Senators.
The Constitutional Court shall verify, within a period of one (1) month, whether these commitments contain a clause contrary to the Constitution. However, at the request of the President of the Republic, if there is urgency, this period shall be reduced to eight (8) days.
If so, these commitments may only be ratified under the conditions set out in Article 165 below.

Article 122:
The decisions of the Constitutional Court are not subject to any appeal. They are binding on public authorities, all administrative and judicial authorities, and all natural and legal persons.

Article 123:
The Constitutional Court comprises nine (9) appointed members and ex officio members.
The members of the Constitutional Court bear the title of Constitutional Judge.
The term of office of the appointed members is eight (8) years, renewable by two-thirds (2/3).
However, no Constitutional Judge may serve more than two (2) terms.
The nine (9) members of the Constitutional Court are designated as follows:

• three (3) by the President of the Republic;
• two (2) by the President of the National Assembly;
• two (2) by the President of the Senate;
• two (2) by the High Council of the Judiciary.
  Constitutional Judges are chosen, primarily, from among magistrates of non-hierarchical rank, lawyers and law professors aged at least fifty (50) years and having at least fifteen (15) years of experience, as well as qualified individuals who have honored the service of the Nation or who are recognized for their proven competence and expertise in legal or administrative matters.
  The President of the Constitutional Court is elected by his peers for the duration of the mandate from among the magistrates who are members of the Court.
  In the event of temporary incapacity, the interim President is ensured by the senior constitutional judge.
  In the event of the death or resignation of a member, the new member appointed by the relevant appointing authority shall complete the term of office begun.
  Former Presidents of the Republic are members by right of the Constitutional Court, unless they explicitly renounce their rights or are definitively condemned to the loss of civil and political rights.
  Constitutional judges are subject, in the exercise of their function, only to the authority of the law.

Article 124:
The functions of member of the Constitutional Court are incompatible with any other public function and with any private professional activity, subject to the exceptions provided for by the organic law.
No member of the Constitutional Court may be harassed, prosecuted, investigated, arrested, detained or judged on the occasion of opinions or votes expressed by him in the exercise of his functions and even after the cessation of these functions.
Any measure of prosecution, arrest or detention of a member of the Constitutional Court may only be taken after the Court has given its opinion by a majority of four-fifths (4/5) of the other members, except in the case of a flagrant crime or offence or a final conviction.
The members of the Constitutional Court are protected against threats, insults and violence to which they may be subjected in the exercise or on the occasion of the exercise of their functions.
The members of the Constitutional Court take the oath during a solemn ceremony presided over by the President of the Republic before the Parliament, the Court of Cassation, the Council of State and the Court of Auditors combined.
They take the following oath, with their left hand placed on the Constitution and their bare right hand raised before the national flag:
"I swear to conscientiously fulfill the duties of my office in strict compliance with its obligations of neutrality, impartiality and reserve, and to conduct myself as a worthy Constitutional Judge."

Article 125:
The Constitutional Court sends an annual activity report to the President of the Republic and to the Presidents of the Chambers of Parliament.
It may, on this occasion, draw the attention of the public authorities to the scope of its decisions in legislative matters and make any suggestion which it considers useful for the consolidation of the rule of law.

Article 126:
The Constitutional Court enjoys financial management autonomy. The credits necessary for its operation are included in the finance law.

CHAPTER III: PRINCIPLES OF ORGANIZATION OF THE JUDICIAL POWER

Article 127:
The judiciary includes the judicial, administrative and financial branches.
The judicial system includes the Court of Cassation, the Courts of Appeal and the tribunals.
The administrative order includes the Council of State, the Administrative Courts of Appeal and the administrative tribunals.
The financial order includes the Court of Auditors and the provincial audit chambers.
An organic law establishes the organization of Justice.

Article 128:
The High Council of the Judiciary ensures the proper administration of justice and therefore decides on the appointments, assignments, promotions and discipline of magistrates.
The High Council of the Judiciary is chaired by the President of the Republic.
The Vice-Presidency is held on a rotating basis by the Presidents of the Court of Cassation, the Council of State and the Court of Auditors.
The Minister responsible for Justice assists the President of the Republic.
The Minister responsible for the Budget attends the High Council of the Judiciary with an advisory vote.
The Parliament is represented by three (3) Deputies and two (2) Senators appointed by the President of each Chamber, with consultative voice.

CHAPTER IV: HIGH COURTS

Article 129:
The Court of Cassation is the highest court of the State in civil, commercial, social, criminal and petition matters. It is divided into civil, commercial, social, criminal and petition chambers.
Each chamber deliberates separately, according to its area of ​​competence.
The Court of Cassation may sit with all chambers united under the conditions provided for by law.
The decisions of the Court of Cassation are vested with the absolute authority of res judicata. They are binding on lower courts, public authorities, all administrative authorities and all natural and legal persons.

Article 130:
An organic law establishes the organization, composition, powers and functioning of the Court of Cassation as well as the Courts of Appeal and the judicial tribunals in civil, commercial, social, criminal and petition matters.

Article 131:
The Council of State is the highest court of the State in administrative matters.
The Council of State has jurisdiction, in first and last instance or in last resort, over all matters for which the law expressly attributes jurisdiction to it.

Article 132:
An organic law establishes the organization, composition, powers and functioning of the Council of State, the Courts of Appeal and the administrative tribunals.

Article 133:
The Court of Auditors is the highest court of the State in matters of control of public finances. It is the superior institution for the control of public finances.

Article 134:
The decisions of the Court of Auditors are vested with the absolute authority of res judicata. They are binding on lower courts, public authorities, all administrative authorities and all natural and legal persons.

Article 135:
An organic law establishes the organization, composition, competence and functioning of the Court of Auditors and the provincial Chambers of Auditors.

CHAPTER V: OF THE HIGH COURT OF JUSTICE, OF THE COURT OF JUSTICE OF THE REPUBLIC AND OF OTHER EXCEPTIONAL JURISDICTIONS

Article 136:
The High Court of Justice is a non-permanent exceptional jurisdiction.
It judges the President of the Republic in the event of violation of the oath or high treason.

Article 137:
The President of the Republic is impeached by the National Assembly and the Senate, seized either by two thirds (2/3) of the Deputies, or by two thirds (2/3) of the Senators, deciding by a vote identical to the public ballot and by a majority of two thirds (2/3) of the members of each of the Chambers.
In the event of disagreement between the two Chambers, the Presidents of the Senate and the National Assembly shall convene a meeting of a Joint Committee responsible for proposing a common position.
If the disagreement persists, the National Assembly will make a final decision.
The High Court of Justice is seized, depending on the case, either by the Presidents of the two Chambers of Parliament or by the President of the National Assembly.

Article 138:
The High Court of Justice is composed of thirteen (13) members, including seven (7) magistrates of the non-hierarchical grade from the criminal courts, appointed by the High Council of the Judiciary, and six (6) parliamentarians elected by Parliament, four for the National Assembly and two for the Senate, in proportion to the numbers of parliamentary groups, so as to reflect the political configuration of the Chambers of Parliament.
The President and Vice-President of the High Court of Justice are elected from among the magistrates referred to in the first paragraph by all the members of this institution.

Article 139:
The High Court of Justice is bound, with the exception of the judgment of the President of the Republic and the violation of the oath, by the definition of crimes and offences as well as by the determination of penalties as they result from the criminal laws in force at the time the acts were committed.

Article 140:
The rules of operation of the High Court of Justice, the determination of offences, the procedure and the penalties applicable before it are set out in an organic law.

Article 141:
The Court of Justice of the Republic is a non-permanent exceptional jurisdiction.
It judges the Vice-President of the Republic, the Vice-President of the Government, the Presidents and Vice-Presidents of constitutional institutions, Ministers, Heads of High Courts and members of the Constitutional Court for acts committed in the exercise or on the occasion of the exercise of their functions and qualified as crimes or offences at the time they were committed, as well as their accomplices and co-authors in the event of an attack on state security.
They are also responsible before the Court of Justice of the Republic in the event of a violation of their oath.
Upon termination of their functions, the persons mentioned in the second paragraph above lose the privilege of jurisdiction of the Court of Justice of the Republic and are liable for acts committed in the exercise of their functions or on the occasion of these before the ordinary courts.
However, if the termination of office occurs while proceedings involving one of the above-mentioned persons are already open before the Court of Justice of the Republic, the latter shall remain seized of the matter until a final ruling is given on the case.

Article 142:
The Court of Justice of the Republic comprises thirteen (13) judges, including seven (7) magistrates of the non-hierarchical grade from the criminal courts, appointed by the High Council of the Judiciary, and six (6) members elected by Parliament, at the rate of three (3) by the National Assembly and three (3) by the Senate, in proportion to the numbers of parliamentary groups.
The President and Vice-President of the Court of Justice of the Republic are elected from among the magistrates referred to in the paragraph above by all the members of this jurisdiction.
The Court of Justice of the Republic is seized either by the President of the Republic, or by the President of the National Assembly, or by the President of the Senate, or by the Attorney General at the Court of Cassation acting ex officio or upon referral by any person harmed by a crime or offence committed in the exercise of his functions by one of the personalities cited in Article 144 above.

Article 143:
The Court of Justice of the Republic is bound by the definition of crimes and offences as well as by the determination of penalties as they result from the law at the time of the facts.

Article 144:
The operating rules of the Court of Justice of the Republic and the procedure applicable before it are set out in an organic law.

Article 145:
The other exceptional jurisdictions are also non-permanent bodies, created by law.

TITLE VII: ECONOMIC, SOCIAL, ENVIRONMENTAL AND CULTURAL COUNCIL

Article 146:
The Economic, Social, Environmental and Cultural Council, subject to the provisions of Articles 41 and 102 above, gives its opinion on all questions of economic, social, environmental and cultural development, namely:

• the general direction of the country's economy;
• financial and budgetary policy;
• raw materials policy;
• social, cultural and religious policy;
• environmental policy, the fight against climate change and sustainable development.

Article 147:
The Economic, Social, Environmental and Cultural Council participates in any commission of national interest of an economic, social, cultural, religious, environmental and sustainable development nature.
It collects and writes, with the participation of the various entities that compose it, for the attention of the President of the Republic and Parliament, the annual collection of expectations, needs of the populations and problems of civil society, with orientations and proposals.

Article 148:
The Economic, Social, Environmental and Cultural Council is responsible for giving its opinion on questions of an economic, social, cultural, religious, environmental and sustainable development nature, brought for its examination by the President of the Republic, Parliament or any other public institution.
It is consulted on any draft plan or any draft program of an economic, social, cultural, religious, environmental and sustainable development nature. It may be involved in their development beforehand.
The Economic, Social, Environmental and Cultural Council is notified by the President of the Republic of requests for opinions or studies on all questions of economic, social, cultural, religious, environmental and sustainable development.

Article 149:
The Economic, Social, Environmental and Cultural Council may also, on its own initiative, analyse any problem of economic, social, cultural, religious, environmental and sustainable development. It submits its conclusions to the President of the Republic and to the Presidents of the Chambers of Parliament.
The President of the Republic and Parliament, when notified, follow up on the opinions and reports formulated by the Economic, Social, Environmental and Cultural Council, within a maximum period of three (3) months for the President of the Republic and before the end of the current session for Parliament.

Article 150:
The Economic, Social, Environmental and Cultural Council may appoint one of its members, at the request of the President of the Republic or the Presidents of the Chambers of Parliament, to present to these institutions the Council's opinion on the draft laws or proposed laws submitted to it.
The Economic, Social, Environmental and Cultural Council receives a copy of the laws, ordinances and decrees on which it has been consulted, as soon as they are promulgated. It monitors the implementation of the decisions of the President of the Republic relating to the economic, social, cultural, religious, environmental and sustainable development organization.

Article 151:
The Economic, Social, Environmental and Cultural Council meets every year as of right in two (2) ordinary sessions of twenty-one (21) days each. The first session opens on the third Tuesday of February and the second on the first Tuesday of September.
The opening of each session is postponed to the next day if the scheduled day is not a working day.
The Economic, Social, Environmental and Cultural Council may be convened in extraordinary session by its President for a period of ten (10) days at most.
The meetings of the Economic, Social, Environmental and Cultural Council are public.

Article 152:
The following are members of the Economic, Social, Environmental and Cultural Council for a renewable five-year term:

• senior state officials appointed by decree;
• civil society organizations in the economic, social, environmental and cultural fields, appointed by decree of the President of the Republic;
• representatives of local authorities, Non-Governmental Organisations (NGOs), human rights organisations and civil society organisations appointed by their peers;
• representatives of independent trade unions, trade union confederations, associations, cultural actors, the most representative socio-professional groups, elected by their original groups, after receipt of the approval of the competent authorities, and representatives of religious denominations and faiths;
• representatives of craftsmen designated by their peers;
• representatives of Gabonese people living abroad designated by representative institutions recognized by the State;
• representatives of indigenous populations designated by their peers.
  In the event of the death, resignation of a member, or loss of status in his or her original sector, the substitute for the member concerned completes the term of office begun.

Article 153:
The Economic, Social, Environmental and Cultural Council is headed by a Bureau which includes a President, two Vice-Presidents, two Quaestors and three Secretaries.
The President of the Economic, Social, Environmental and Cultural Council, the First Quaestor and the First Secretary of the Bureau are appointed by decree of the President of the Republic from among the senior executives of the State.
The two Vice-Presidents and the other members of the Bureau are appointed by decree of the President of the Republic on the proposal of representatives of organizations other than the State.
The members of the Council Bureau are appointed for the entire duration of the mandate.
No member of the Economic, Social, Environmental and Cultural Council may be prosecuted, investigated or judged for opinions expressed by him during Council meetings.

Article 154:
The internal organization, the rules of operation and the designation of the members of the Economic, Social, Environmental and Cultural Council are set by an organic law.

TITLE VIII: LOCAL AUTHORITIES

Article 155:
The State ensures the governance of local authorities through an effective and efficient decentralization policy, guaranteeing equitable, democratic and inclusive local development.

Article 156:
Local authorities are legal entities under public law created by law which carry out their activities on the national territory, in particular municipalities and departments.
They may be modified or deleted after consulting the relevant councils and under the conditions set by law.

Article 157:
Local authorities are freely administered by elected Councils under the conditions provided for by law, in particular with regard to their powers and resources.
In the implementation of decentralization, any transfer of powers between the State and local authorities is accompanied by the allocation of resources equivalent to those which were devoted to their exercise.
Any creation or extension of powers resulting in an increase in the expenditure of local authorities is accompanied by resources determined by law.
The law provides for equalization mechanisms intended to promote equality between local authorities.

Article 158:
Local authorities are responsible for making decisions on all the skills that can best be implemented at their level.

Article 159:
For the development of local authorities, the State provides them with a special annual allocation included in the finance law.

Article 160:
Local consultations, relating to specific problems not falling within the scope of the law, may be organised at the initiative of either elected Councils or interested citizens, under the conditions laid down by law.

Article 161:
Conflicts of jurisdiction between local authorities on the one hand, or between a local authority and the State on the other hand, are brought before the administrative courts, at the diligence of the responsible authorities or the representative of the State.
The State representative ensures compliance with national interests and laws and provides supervisory control.
An organic law specifies the methods of application of this title.

TITLE IX: TREATIES AND INTERNATIONAL AGREEMENTS

Article 162:
The President of the Republic negotiates and ratifies international treaties and agreements after the vote on an authorisation law by Parliament and the verification of their constitutionality by the Constitutional Court.
He denounces international treaties and agreements.
Any negotiation aimed at concluding an international agreement is subject to the authorization of the President of the Republic.
The Presidents of the Chambers of Parliament and the President of the Constitutional Court are informed of any negotiations tending towards the conclusion of an international agreement not subject to ratification.

Article 163:
Can only be approved and ratified by law:

• peace treaties;
• trade treaties;
• judicial cooperation treaties;
• treaties relating to international organization;
• treaties relating to defence;
• treaties relating to environmental protection and natural resource management;
• treaties relating to regional and sub-regional integration;
• treaties relating to digital technology, transport, information and communication technologies;
• treaties involving state finances;
• treaties amending provisions of a legislative nature;
• treaties relating to the status of persons.
  No amendments are admissible on this occasion. Treaties only take effect after having been duly ratified and published.
  No transfer, no exchange, no addition of territory is valid without prior consultation of the Gabonese people by way of referendum.

Article 164:
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.

Article 165:
If the Constitutional Court, seized by the President of the Republic, the President of the National Assembly, the President of the Senate, one tenth (1/10) of the Deputies or one tenth (1/10) of the Senators, declares that an international commitment contains a clause contrary to the Constitution, authorization to ratify it can only occur after revision of the Constitution.

Article 166:
Treaties or agreements duly ratified have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party.

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TITLE X: REVISION OF THE CONSTITUTION

Article 167:
The initiative for revision lies jointly with the President of the Republic and the members of Parliament.
Any proposal for revision must be submitted to the Bureau of the National Assembly by at least one third (1/3) of the Deputies or to the Bureau of the Senate by at least one third (1/3) of the Senators.
Any draft or proposal for revision of the Constitution and any amendment relating thereto shall be subject to review by the Constitutional Court as to the regularity of the procedure and the subject of the revision, before the referendum or the meeting of Parliament in Congress.
The revision of the Constitution is acquired by referendum.
However, the President of the Republic may decide, on his own initiative or at the request of the majority of the members of the National Assembly or the Senate, the Constitutional Court consulted, to resort to the parliamentary route for the adoption of the draft or the proposed revision.
In this case, the draft or proposed revision must be voted on respectively by the National Assembly and by the Senate in identical terms before being submitted for adoption to Parliament meeting in Congress.
A qualified majority of two-thirds of the members composing the Congress is required for the adoption of the draft or proposal for revision of the Constitution.

Article 168:
The revision of the Constitution cannot be started or completed:

• the twelve (12) months preceding a political election;
• in the event of temporary incapacity of the President of the Republic;
• in the event of an interim Presidency of the Republic;
• in the event of recourse to the crisis powers of Article 62 above, or of a duly noted attack on the integrity of the territory;
• during the period between the proclamation of the results of the presidential election and the start of a presidential term.

Article 169:
The following may not be subject to any revision:

• the republican and decentralized form of the State;
• the pluralistic character of democracy;
• the separation of powers;
• the number of presidential terms;
• the method of election by direct universal suffrage of the President of the Republic;
• the definition of marriage as the union between two persons of the opposite sex;
• the number of terms of office of members of the Constitutional Court;
• amnesty for those involved in events from August 29, 2023 to the inauguration of the President of the Transition.

TITLE XI: TRANSITIONAL AND FINAL PROVISIONS

Article 170:
The actors of the events from August 29, 2023 to the inauguration of the President of the Transition will neither be prosecuted nor condemned.
An amnesty law will be adopted for this purpose.

Article 171:
The National Assembly of the Transition and the Senate of the Transition remain in place until the election of the Bureau of each Chamber.
The Constitutional Court of the Transition and the Economic, Social and Environmental Council of the Transition remain in place until their renewal.
The Special Transition Delegations will remain until the local Council offices are set up.
The provisions of Article 76, paragraph 6 of this Constitution do not apply to the first legislative and senatorial elections post-Transition.

Article 172:
The provisions of this Constitution relating to the election of the President of the Republic are immediately applicable.

Article 173:
Subject to the provisions of Article 172 above, this Constitution shall come into force after the election of the President of the Republic.