PREAMBLE

The Gabonese People, Conscious of their responsibility before God, their ancestors and History; Driven by the desire to ensure their 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 their political and constitutional history, eager to build 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, rehabilitate its cardinal values, preserve republican principles and consolidate democracy and citizenship; Inspired by the shared commitment to change for living together, development and well-being; Conscious that choices intended 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 Inclusive National Dialogue of 2024 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, 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 the natural resources of its soil and subsoil as well as over digital technology; By virtue of these principles and that of the sovereignty of the 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, 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 everyone 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, 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 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 of 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, higher education establishment or a university, under the conditions set by law.

The autonomy of universities and their franchises are recognized and guaranteed in 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 sets the operating conditions for private educational establishments, taking into account their specific nature.

Article 19

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. 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 the 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 the pro-natalist 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 a duty to promote educational programs on the principle of relationships between persons of the opposite sex.

Article 32

The State guarantees all citizens equal access to public employment and services, without distinction of gender, ethnicity, political, religious or ideological affiliation. The State guarantees persons living with disabilities equal access to public employment and 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 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, people living with disabilities, retirees and the elderly, health protection, social security, 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 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 invested 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 defense and security forces or any person exercising high functions in

The public administration or the administration responsible for the management of public funds is required to declare its 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-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 and promotion of local languages.

The capital of the Republic is Libreville. It can only be transferred by virtue of a referendum law.

The national holiday 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 can 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 system for local elections is single-round.

All Gabonese citizens of both sexes, 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 arrangements may be initiated or completed within 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 recognised 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, religious, environmental and cultural development.

Article 48

The state guarantees the right to 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 respect for the Constitution; he ensures, through his arbitration, the regular functioning of public powers as well as the continuity of the State.

He is the guarantor of national independence, territorial integrity, 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 votes can stand in the second round of voting.

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.

Article 62

The President of the Republic may, at any time, terminate the functions of the Vice-President of the Republic.

In all cases, the functions of the Vice-President of the Republic 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 63

The President of the Republic promulgates laws that have been definitively adopted within twenty-five days of their transmission. This period may be reduced to ten days in the event of an emergency declared by the National Assembly or the Senate. 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 deliberation must be adopted by a majority of two-thirds (2/3) of its members, either in its initial form or after modification. If the text is adopted in its initial form, the President of the Republic refers the matter to the Constitutional Court, which shall rule within fifteen days. The draft or proposed law is 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 64

The President of the Republic ensures the execution of laws and court decisions.

It has regulatory power.

He signs the orders, decrees and all regulatory acts necessary for

the accomplishment of its missions and the organization of its services.

NATIONAL CONSTITUTIONAL COMMITTEE DRAFT CONSTITUTION OF THE CABONAISE REPUBLIC

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 these elections.

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 chambers of Parliament are inviolable.

Article 87

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 lifting of parliamentary immunity.

Article 88

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 89

Parliament votes on laws, approves taxes, monitors the actions of the executive branch and evaluates public policies under the conditions provided for in this Constitution.

Article 90

The means of information, control and evaluation of Parliament on the action of the

executive power are as follows:

- The arrests;

- Written and oral questions;

- Current issues;

- The investigation, control and evaluation commissions.

Article 91

The Vice-President of the Government and the Ministers respond to the 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 92

At least one session per month is reserved for questions from parliamentarians and responses from the executive branch.

However, a session devoted to the examination of current issues may be organized whenever necessary.

Current issues may be the subject of interpellations by the executive branch, even during extraordinary sessions of Parliament.

The executive branch is required to provide Parliament with all the information requested of it on its management and activities.

Article 93

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.

CHAPTER III: ORGANIZATION AND OPERATION OF PARLIAMENT

Article 94

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 offices 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 relevant Chamber.

At any time after they take office, the relevant Chamber may revoke the

President and other members of the office of their mandate following a vote of no confidence, by absolute majority.

Article 95

Parliament meets by right in one session per year. The parliamentary session opens on the first working day of October and ends, at the latest, on the last working day of July.

Article 96

Parliament meets automatically during the state of siege and in the cases provided for in Article 73 above.

Article 97

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 by an absolute majority of their members. Extraordinary sessions are opened and closed by decree of the President of the Republic. They may not exceed a duration of fifteen days.

Article 98

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 the debates broadcast by public media, while respecting pluralism and

in accordance with the provisions of its Regulations.

Each of the two Chambers may accommodate a foreign Head of State or Government.

or the Head of an international institution.

Each House 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 99

The closing of ordinary or extraordinary sessions is automatically delayed to allow,

where applicable, the application of the provisions of Articles 71, 72, 108 and 109 of this

constitution.

Article 100

Each parliamentarian is the representative of the entire Nation.

Any imperative mandate is null.

Any parliamentarian excluded from his political party during his term of office will finish it off.

The right to vote of members of Parliament is free and personal.

The rules of each Chamber exceptionally authorize the delegation of votes.

No one may receive delegation of more than one mandate.

Article 101

Each House of Parliament votes on its own regulations, which can only come into force after

have been recognized as conforming to the Constitution by the Constitutional Court. Any

any subsequent modification is also subject to the latter.

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Article 102

Each House of Parliament enjoys administrative and financial autonomy.

Article 103

The parliamentary opposition has rights guaranteeing it adequate representation

and effective in all instances of Parliament.

TITLE V: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE

LEGISLATIVE POWER

CHAPTER I: SCOPE OF LAW AND REGULATIONS

Article 104

Except in 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

goods, for public utility and national defense in particular;

- The nationality, status and capacity of persons, matrimonial regimes,

inheritances and gifts, the status of foreigners and immigration;

- The procedure by which traditions, rites, customs and practices are established,

codified and brought into harmony with the fundamental principles of the Constitution;

- The organization of civil status;

- Audiovisual, cinematographic and written communication;

- The conditions for the use of IT so that honour is safeguarded,

the personal and family privacy of citizens, as well as the proper exercise of their

rights;

- The compulsory military service system;

- The personal data protection regime;

- 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 and Public Offices, the professions of Officers

Ministerial;

- The determination of crimes and offences as well as 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,

trade unions, parties and political formations;

- The status of opposition;

- The regime of worship;

- The basis, rate and methods of collection of taxes of all kinds,

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the currency issuing system;

- The general status of the civil service and the specific statuses;

- 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 in the sector

public to private sector;

- The public service concession system;

- The transport, telecommunications and technology regime

information and communication;

- The general administrative and financial organization;

- The creation, operation and free administration of local authorities,

their skills, resources and tax bases;

- The conditions for State participation in the capital of all companies and control by

this one 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, artistic, cultural and archaeological heritage;

- The conditions for the promotion and development of local languages;

- The regime of conservation, exploitation and distribution of natural resources

from the ground and the subsoil;

- Protection of nature, the environment and the fight against climate change

climate;

- The biodiversity conservation and protection regime;

- The system of property, real rights and civil and commercial obligations;

- State loans and financial commitments;

- Economic and social action programs;

- The conditions under which finance laws and regulations are presented and voted on

the nation's accounts;

- The finance laws determining the resources and charges of the State in the

conditions provided for by an organic law;

- The program laws setting the State's objectives in economic and social matters,

cultural and national defense;

- The design and evaluation of public policies;

- The creation and abolition of autonomous public establishments and services.

The law also determines the fundamental principles:

- Teaching;

- Health;

- Social security:

Labor law;

Trade union rights including the conditions for exercising the right to strike;

Mutuality and savings;

- On the general organization of national defense and public security.

The administrative organization of the territory of the Republic is established by an organic law.

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CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

The provisions of this article may be clarified or supplemented by law.

organic.

Article 105

Organic laws are those which aim to clarify or supplement the

provisions relating to the organization or operation of Institutions, structures and

systems provided for or qualified as such by the Constitution.

They are voted on and modified under the following conditions:

- the draft or proposed organic law is not submitted for deliberation and voting

of the first chamber seized only after the expiry of a period of fifteen days after its

deposit;

- the procedure of Articles 113 and 118 is applicable;

- 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 its

members in office.

However, in the absence of agreement between the two chambers, the text cannot be adopted by

the National Assembly in the final reading only by a two-thirds majority of its members in

function ;

Organic laws, before their promulgation, are referred to the Constitutional Court

by the President of the Republic.

Article 106

All resources and all charges of the State must, for each financial year

budgetary, be assessed and included in the annual draft finance law submitted by the

President of the Republic to the National Assembly no later than fifteen days after

the opening of the ordinary session.

If the finance bill is not submitted after this deadline, the National Assembly

calls on the President of the Republic to respect the requirements

constitutional. He has a period of fifteen days to submit the draft law of

finances.

After the submission of the finance bill, if the National Assembly has not

pronounced in first reading within thirty days, the President of the Republic

seizes the Senate which decides within fifteen days.

It is then examined under the conditions provided for in Article 118 below.

If by the thirty-first of December of the current year, Parliament has not voted on the budget in

balance, it temporarily renews the previous budget.

Within fifteen days, the President of the Republic shall request Parliament to

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 law for the year to the President of

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the Republic. This is definitively established by special order.

The new revenues that can be created, if they are direct taxes and

contributions or similar taxes, are collected from the first

January.

Article 107

The Court of Auditors assists Parliament and the President of the Republic in the control

of the execution of the finance law.

The draft settlement law established by the President of the Republic, accompanied by the

report on the implementation of the finance law and the report on the certification of the account

General State produced by the Court of Auditors, must be submitted to Parliament, at the latest

late, at the beginning of the ordinary session of the first year following the financial year of execution

of the relevant budget.

Article 108

The declaration of war by the President of the Republic is authorized by Parliament.

In the event of disagreement between the two Chambers, the decision is taken by the Assembly.

national by absolute majority.

The President of the Republic informs Parliament of his decision to involve the

armed forces abroad, no later than three days after the start of the intervention. It specifies

the objectives pursued. This information may give rise to a debate which is not followed

of no vote.

When the duration of the intervention exceeds six months, the President of the Republic submits

its extension with the authorization of Parliament.

In the event of disagreement between the two Houses of Parliament, the National Assembly decides

as a last resort.

If Parliament is not in session at the end of the six-month period, it shall decide

of an extraordinary session convened for this purpose by the President of the Republic.

The credits required to support these operations are subject to approval

of Parliament.

Article 109

The extension of the state of emergency or 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 Assembly.

national by absolute majority.

Article 110

Matters other than those falling within the scope of the law have a regulatory character.

They are the subject of decrees of the President of the Republic.

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These matters may, for the application of these decrees, be the subject of orders by the

Responsible ministers or other administrative authorities empowered to do so.

Article 111

The President of the Republic may, in case of emergency, for the execution of his program,

ask Parliament for authorization to make an order during

the parliamentary intersession, measures which are normally within the domain of the law.

The orders are taken after advisory opinion from 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.

CHAPTER II: LEGISLATIVE PROCEDURE

Article 112

The initiative of laws belongs concurrently to the President of the Republic and to the

Parliament.

Article 113

Bills and proposed laws are tabled in one of the two Chambers

of Parliament, after advisory opinion from the Council of State.

By delegation of the President of the Republic, the Vice-President of the Government or any

another member of the Government is responsible for explaining the reasons and supporting the

discussion before the Houses of Parliament.

The draft or proposal of an organic law is not subject to deliberation and voting

of Parliament only after the expiry of a period of fifteen days after its submission.

The draft finance laws and draft constitutional revisions are submitted in

first place in the National Assembly. Bills relating to local authorities

are presented first before the Senate.

Any bill transmitted to the President of the Republic by Parliament which has not

not been examined within sixty days is automatically put into

deliberation within Parliament.

Article 114

Members of Parliament have the right to amend.

Any parliamentary amendment resulting in either a reduction in

revenue, either the creation or the aggravation of a public charge, must necessarily

restore the budget balance.

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NATIONAL CONSTITUTIONAL COMMITTEE | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Amendments must not be unrelated to the text to which they refer.

report.

Article 115

If it appears during the legislative procedure that a text or an amendment is not

not within the scope of the law, within the meaning of Article 104 above, or exceeds the limits of

the legislative authorization granted to the President of the Republic under Article 111,

The President of the Republic may raise the inadmissibility, as well as the President of the

Chamber concerned, at the request of one fifth of its members.

In the event of disagreement, the Constitutional Court shall be notified. The latter shall rule within the period of

eight days.

Article 116

The agenda of the Parliament includes the discussion of draft laws tabled by the

President of the Republic and proposed laws.

The President of the Republic is informed of the agenda of the work of the Chambers and

of their commissions.

The President of the Republic or, by delegation, the members of the Government,

have the right of access and speech in the Houses of Parliament and their

commissions. They are heard at the initiative of parliamentary bodies or at their

request.

Article 117

The urgency of voting on a law may be requested either by the President of the Republic,

either by the members of Parliament by an absolute majority.

Regarding the urgency of organic laws, the period of fifteen days is reduced to eight

days .

Article 118

Any draft or proposed law is examined successively in the two Chambers of

Parliament with a view to adopting an identical text.

When, as a result of a disagreement between the two Chambers, a bill or proposal

law could not be adopted after a single reading by each of the chambers, the Presidents

The Senate and the National Assembly call for a meeting of a joint committee of

two chambers, responsible for proposing a text on the provisions remaining under discussion.

If the joint committee adopts a joint text, it does not become that of Parliament.

that if it is adopted separately by each of the chambers.

If the joint committee fails to adopt a joint text, the Assembly

National decides definitively.

The procedure relating to the budget is identical to that of ordinary law, subject to the

special provisions referred to in Article 106 above.

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Article 119

Draft laws and bills are sent to the committees for examination.

competent authorities of each Chamber of Parliament before deliberation in plenary session.

After the opening of public debates, no amendment may be examined unless it has been

previously submitted to the competent committee.

TITLE VI: JUDICIAL POWER

CHAPTER I: GENERAL PRINCIPLES OF JUSTICE

SECTION I: PRINCIPLES OF EXERCISE OF JUDICIAL POWER

Article 120

Justice is rendered in the name of the Gabonese people by the Constitutional Court, the

jurisdictions of the judicial order, jurisdictions of the administrative order, jurisdictions

of the financial order, the High Court of Justice and other exceptional jurisdictions.

Article 121

The judiciary is independent of the executive and legislative branches, in the

compliance 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.

An organic law establishes the status of magistrates.

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 122

Alternative and traditional dispute resolution methods are permitted in the

conditions determined by law.

SECTION II: PRINCIPLES OF ORGANIZATION OF JUSTICE

Article 123

The judiciary includes the judicial, administrative and financial branches.

The judicial system includes the Court of Cassation, the Courts of Appeal and the

courts.

The administrative order includes the Council of State, the Administrative Courts of Appeal and the

administrative courts.

The financial order includes the Court of Auditors and the provincial audit chambers.

An organic law establishes the organization of Justice.

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Article 124

The High Council of the Judiciary ensures the proper administration of justice.

Article 125

The jurisdictional orders enjoy financial autonomy under the conditions set

by law. The credits necessary for their operation are included in the law of

finances.

CHAPTER II: HIGH COURTS

SECTION I: OF THE COURT OF CASSATION

Article 126

The Court of Cassation is the highest court of the State in civil, commercial,

social, criminal and petitions. It is divided into civil, commercial,

social, criminal and requests.

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

the 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 and all authorities.

administrative and to all natural and legal persons.

Article 127

An organic law establishes the organization, composition, skills and

functioning of the Court of Cassation as well as the Courts of Appeal and the tribunals

judicial matters in civil, commercial, social, criminal and petitions.

SECTION II: OF THE COUNCIL OF STATE

3 2

Article 128

The Council of State is the highest court of the State in administrative matters.

The Council of State hears, in first and last instance or in last resort, all

matters for which the law expressly grants it competence, in particular:

- Appeals for abuse of power brought against unilateral administrative acts

individual or regulatory administrative authorities with national jurisdiction

or those whose scope extends beyond the jurisdiction of a Court of Appeal

Administrative;

- Appeals for annulment directed against administrative decisions and

disciplinary measures taken by collegiate bodies with national jurisdiction and the

professional orders, unless otherwise provided for in the texts in force;

- Liability actions brought against the State and its public establishments;

- Appeals in matters of election other than political elections and operations

of referendum;

- In cassation, appeals lodged against the decisions of the Courts of Appeal and

other matters for which the law grants it this competence.

Article 129

In addition to its jurisdictional powers, the Council of State proclaims the results of

local elections and is consulted under the conditions set by the organic law referred to in

Article 131 below, and other laws.

When referred to by the President of the Republic on draft legislative texts or

regulatory, the Council of State issues opinions.

When referred to by the President of one of the chambers of Parliament on a proposal

of law, the Council of State issues opinions.

Article 130

The decisions of the Council of State are vested with the absolute authority of res judicata. They

are binding on lower courts, public authorities and all authorities

administrative and to all natural and legal persons.

Article 131

An organic law establishes the organization, composition, skills and 33

functioning of the Council of State, the Courts of Appeal and the administrative tribunals.

SECTION III: OF THE COURT OF AUDITORS

Article 132

The Court of Auditors is the highest court of the State in matters of control of

public finances. It is the supreme institution for the control of public finances.

For this purpose:

- It checks the regularity of the income and expenditure described in the accounts

public and ensures, from the latter, the proper use of credits, funds and

values ​​managed by State services or by other legal entities

audience;

- It ensures the verification of accounts and the management of public companies and

organizations with public financial participation;

- It ensures the verification of the accounts and management of any organization benefiting

financial support from public bodies;

- It judges the authorising officers and public accountants;

- It declares and settles de facto management;

- It punishes management errors committed against the State and local authorities

local authorities and bodies subject to its control;

- It judges the accounts of the electoral campaigns, under the conditions set by the

law :

- In cassation, appeals lodged against the decisions of the provincial chambers

accounts.

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 state and religion and recognizes all beliefs, subject to the

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 stripes

horizontal, of equal dimension.

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 and promotion of local languages.

The capital of the Republic is Libreville. It can only be transferred by virtue of a

referendum law.

The national holiday 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 territory

national and its extensions are the exclusive property of the State which specifies the terms and conditions

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 by the

constitutional institutions.

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No section of the people, no group, no individual can claim the exercise of the

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 elections and

parliamentarians.

The list system for local elections is single-round.

All are electors and eligible, under the conditions provided for by the Constitution and by law:

Gabonese people of both sexes, enjoying their civil and political rights.

No change to the electoral arrangements 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

form and exercise their activity freely, according to the principles of pluralist democracy and

participatory. 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 a disability to electoral mandates, under the conditions set by law.

They must respect the Constitution and the laws of the Republic.

Legally recognised political parties and groups of political parties benefit from the

State financing under the conditions provided for by law.

Article 47

Civil society is one of the components of the expression of pluralist democracy

and participatory. It contributes to democratic, economic, social development,

religious, environmental and cultural.

Article 48

The state guarantees the right to democratic opposition.

The Constitution guarantees the opposition a status that allows it to carry out its duties

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.

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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

to respect the Constitution; it ensures, through its arbitration, the regular functioning of

public authorities as well as the continuity of the State.

He is the guarantor of national independence, territorial integrity, 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 is

re-eligible only once.

No one may serve more than two successive terms.

The election of the President of the Republic takes place by a two-member majority vote.

towers.

The President of the Republic is elected by an absolute majority of the votes cast. If

If this is not obtained in the first round of voting, the fourteenth day is the

following the announcement of the results, to a second round.

Only the two candidates who received the votes can stand in the second round of voting.

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the highest number of votes in the first round.

In the event of withdrawal or permanent inability of one of the two candidates who arrive in

head in the first round, he is replaced by the candidate who follows him 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 53

All Gabonese men and women are eligible for the Presidency of the Republic.

meeting the following conditions:

- Be born of a Gabonese father and mother, themselves 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 man or woman born to a Gabonese father and mother;

- Have resided in Gabon for at least 3 years without interruption before the election

presidential;

Speak at least one local language;

- Enjoy a complete state of physical and mental well-being duly certified by a

medical college designated by the Constitutional Court before which it lends

oath ;

- Enjoy his civil and political rights.

Any Gabonese national with another nationality may apply provided that they

having given up two years before the election.

If, before the election, the Constitutional Court, seized under the conditions provided for by law,

notes the death or permanent incapacity of half of the candidates, it pronounces the

postponement of the election.

The Constitutional Court may extend the time limits provided for, in accordance with Article 54 above.

afterwards, without the postponement of the election being able to exceed the date of expiry of the mandate of the

President in office.

The terms of application of this article are set by an organic law.

Article 54

The term of office of the President of the Republic begins on the day he is sworn in, which is

take place on the thirtieth day after the proclamation of the results by the Constitutional Court and

terminates at the end of the seventh year following that date.

If there is no dispute, the decision of the Constitutional Court is made at the latest

no later than the seventh day following the announcement of the results by the administrative authority

competent

If there is a dispute, the decision of the Constitutional Court is made within a period

maximum 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

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mandate of the incumbent President.

The latter may not shorten his mandate in any way to request one

other.

If the President of the Republic in office is a candidate, he cannot, from

the official announcement of his candidacy, and this, until the election, exercise his power of

legislate by ordinances. If necessary, Parliament is convened in session

extraordinary.

In the event of the death or permanent incapacity of the President of the Republic in office

not re-elected, intervening before the expiration of the latter's mandate, the President proclaimed elected

immediately take the oath. If the decision to proclaim the results by the Court

Constitutional has not intervened, the interim is ensured in accordance with article 56 above.

below.

The death or permanent incapacity of the elected or re-elected President, occurring during the period

which separates the proclamation of the results from the expiration of the President's mandate in

exercise, results in the resumption of all electoral operations under the conditions

and deadlines provided for in Article 52 above.

In this case, once the vacancy has been noted, the functions of President of the Republic

are insured in accordance with the provisions of Article 56 below.

During the period between the proclamation of the results of the presidential election of

At the beginning of a new presidential term, the revision of the Constitution cannot be

started or completed.

Article 55

Upon taking office, the President of the Republic solemnly swears the

oath below, before the Constitutional Court, in the presence of the offices of

Houses of Parliament and the Chief Justices of the High Courts, with their left hand placed on the

Constitution, right hand raised in front of the National Flag:

"I swear before God, our ancestors and the Gabonese people to devote all my strength

to his well-being and to preserve him from all harm, to respect and faithfully defend

the Constitution and the rule of law, to preserve democratic achievements, independence

of the homeland, the integrity of the national territory, to conscientiously fulfill the duties

of my charge and to be fair to all. May God help me."

Upon taking office and at the end of his term, the President of the Republic is

required to produce a declaration of his assets before 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 exercises provisionally

the functions of President of the Republic, excluding the powers provided for by the

Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181 of this Constitution.

15

The temporary impediment may not exceed one hundred and twenty days. After this period,

the impediment becomes permanent.

In the event of a vacancy in the office of the President of the Republic for any reason whatsoever or

of permanent incapacity of its holder, noted by the Constitutional Court seized

either by the Bureau of the National Assembly ruling by a two-thirds majority

(2/3) of its members, either at the initiative of the Vice-President of the Government after

convening of the Council of Ministers deciding by a simple majority of its members, the

functions of 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, are provisionally exercised by the President of the

Senate, and, if the latter is in turn prevented from doing so, by the First Vice-President of the Senate. In

In any case, neither can be a candidate in the presidential election.

Before taking office, the interim President of the Senate takes the oath in

the conditions provided for in Article 55 above.

In the event of a vacation or when the impediment is declared definitive by the Court

Constitutional, the vote for the election of the new President takes place, except in cases of force

major noted by the Constitutional Court, at least thirty days and one hundred and twenty days

at the latest after the opening of the vacancy or the declaration of the definitive nature of

the impediment.

The terms of application of this article are set by an organic law.

Article 57

The functions of President of the Republic are incompatible with the exercise of any

other public function and 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 and 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 according to 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 with regard to the Head of State”.

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Article 61

The Vice-President of the Republic replaces the President of the Republic in the

functions that the latter delegates to him.

The terms of application of this article are set by an organic law.

Article 62

The President of the Republic may, at any time, terminate the functions of the Vice-

President of the Republic.

In any case, the functions of Vice-President of the Republic cease at the end of the

proclamation of the presidential election by the Constitutional Court and in the event of

vacancy of the Presidency of the Republic, for whatever reason or

of permanent impediment of the President of the Republic duly noted by the Court

constitutional.

Article 63

The President of the Republic promulgates laws definitively adopted within twenty-

five days following their transmission. This period may be reduced to ten days in the event of

emergency declared by the National Assembly or the Senate.

The President of the Republic may, during the period of promulgation, request the

Parliament a new deliberation of the law or of certain of its articles. This new

deliberation cannot be refused. The text thus submitted to a second deliberation must

be adopted by a majority of two-thirds (2/3) of its members, either in its initial form,

either after modification.

If the text is adopted in its initial form, the President of the Republic will refer the matter to the Court

constitutional which decides within fifteen days. The draft or proposal of

law is taken up in accordance with the indications 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 in

the deadlines set above.

In the absence of promulgation of the law by the President of the Republic under the conditions

and deadlines above, he must refer the text to the Constitutional Court.

In the event of rejection of the appeal by the Constitutional Court, the President of the Republic

promulgate the law within ten days of notification of the Court's decision.

Article 64

The President of the Republic ensures the execution of laws and court decisions.

It has regulatory power.

He signs the orders, decrees and all regulatory acts necessary for

the accomplishment of its missions and the organization of its services.

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NATIONAL CONSTITUTIONAL COMMITTEE DRAFT CONSTITUTION OF THE CABONAISE REPUBLIC

Article 65

The President of the Republic, on his own initiative or on the proposal of the Assembly

National or Senate decision taken by absolute majority may, during the session,

submit to referendum any draft law implementing the principles contained in

this Constitution.

When the referendum concluded with the adoption of the bill, the President of the Republic

promulgates it in accordance with Article 63 above.

Article 66

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.

Before taking office, the commanders-in-chief of the defence forces and

security, Ambassadors and Extraordinary Envoys take an oath before

the President of the Republic under the conditions defined by law.

Article 67

The President of the Republic is the Supreme Commander of the defense and security forces.

In this capacity, defence and security issues fall under his direct authority.

The President of the Republic chairs the High Council for National Defense and

public safety and defense and security committees.

He is replaced, where appropriate, by the Ministers responsible for Defense and Security,

on express authorization and for a specific agenda.

The Ministers responsible for Defence and Security ensure the management of the committees of

defense and security according to their area of ​​expertise.

A law shall establish the terms of application of this article.

Article 68

The President of the Republic accredits Ambassadors and Extraordinary Envoys

with foreign powers and international organizations.

Foreign Ambassadors and Extraordinary Envoys are accredited to him.

Article 69

The President of the Republic has the right to pardon.

Article 70

The President of the Republic communicates with each House of Parliament by

messages that 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.

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Out of session, each of the Chambers is convened specially for this purpose.

On the last Tuesday of February, the President of the Republic addresses Parliament

gathered in Congress on the state of the nation.

Article 71

The President of the Republic may, when circumstances so require, after consultation

of the Council of Ministers and the offices of the National Assembly and the Senate, proclaim

by decree the state of emergency or the state of siege, which gives him special powers, in

the conditions determined by law.

Article 72

The President of the Republic may, after consultation with the Presidents of the two (02)

chambers and the President of the Constitutional Court, pronounce the dissolution of

the National Assembly.

No dissolution may be pronounced within the first twelve (12) months of the

legislature or when an impeachment 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.

No new dissolution may be carried out within one year following these elections.

Article 73

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 threatened by a

serious and immediate manner and that the regular functioning of public authorities

constitutional 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 assure public authorities

constitutional, as soon as possible, the means to accomplish their mission.

During the exercise of exceptional powers, no institution of the Republic may

be dissolved or suspended.

The Constitutional Court is consulted on them.

After thirty days of exercising exceptional powers, the Constitutional Court is

seized by the President of the National Assembly or the President of the Senate, for the purposes

to examine whether the conditions set out in the first paragraph remain met. It

pronounces within eight days by public notice.

The revision of the Constitution cannot be initiated or completed during the exercise of the

exceptional powers.

Parliament meets as of right.

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CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Article 74

Acts of the President of the Republic other than those referred to in Articles 63, 65, 69, 160,

and 181, are countersigned by the members of the Government responsible for their execution.

Article 75

The law establishes the benefits granted to the President of the Republic and former Presidents

of the Republic enjoying their civil rights.

CHAPTER II: GOVERNMENT

Article 76

The President of the Republic is the Head of Government; he appoints its members and

determines their attributions by decree.

The President of the Republic may delegate his powers to members of the Government,

excluding those referred to in Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181 of the

present Constitution

The members of the Government are responsible to him.

He terminates their functions by decree.

Article 77

Only Gabonese citizens of both sexes, born in

father or mother born in Gabon, aged at least thirty years and enjoying their

civil and political rights.

Article 78

The members of the Government are chosen from within and outside Parliament.

Any parliamentarian appointed to the Government permanently loses this status in favor of

his substitute who completes the mandate.

Article 79

Members of the Government are criminally responsible for crimes and offences committed

in the exercise and on the occasion of the exercise of their functions.

Article 80

Activities incompatible with the functions of member of the Government, their

treatments, their benefits and their compensation are determined by law.

Article 81

Before taking office, members of the Government take an oath before the

President of the Republic, in the presence of the Constitutional Court, according to the following terms:

After :

"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 Chief

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and the State, to religiously maintain, even after the cessation of my functions, the

confidentiality of files and information classified as state secrets and of which I would have had

knowledge in the exercise of these.

Article 82

The President of the Republic convenes and chairs the Council of Ministers and decides on its

the agenda.

The Vice-President of the Republic is a member by right.

Article 83

The Vice-President of the Government is a member of the Government.

He directs the work of the Interministerial Council.

Article 84

The President of the Republic may, when circumstances so require, after consultation

of the Council of Ministers and the Presidents of the Chambers of Parliament, proclaimed by

decree the state of warning and the state of alert, under the conditions determined by law.

Extension of the state of warning or state of alert beyond twenty-one days

is authorized by Parliament.

Article 85

Draft laws, ordinances and regulatory decrees are deliberated in Council

Ministers, after advisory opinion from the Council of State.

TITLE IV: LEGISLATIVE POWER

CHAPTER I: COMPOSITION OF THE LEGISLATIVE POWER AND OF

STATUS OF PARLIAMENTARIANS

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Article 86

The legislative power is represented by a Parliament composed of two (2) chambers:

the National Assembly and the Senate.

The members of the National Assembly bear the title of deputy. They are elected by suffrage

universal direct for a period of five (5) years, renewable.

The members of the Senate bear the title of senator. They are designated by election at

indirect universal suffrage.

The term of office of senators is five years, renewable. The Senate ensures the

representation of local authorities.

Gabonese people living outside the national territory are represented in the National Assembly.

The number and methods of designation of parliamentarians representing the Gabonese people

established outside the national territory are fixed by law.

The chambers of Parliament are completely renewed for at least one month and six (6)

months at the most before the expiry of the current legislature. This renewal takes place on

same year.

The term of office of deputies and senators begins on the day of the election of the members of the

Offices of both Houses of Parliament and ends on the expiration of the fifth (5th)

year following these elections.

No division of electoral districts may be carried out during the year

in progress or preceding the normal renewal deadline for each of the rooms.

The seats of the Houses of Parliament are inviolable.

Article 87

No member of Parliament may be harassed, prosecuted, searched, arrested or detained

or judged on the occasion of the opinions 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 conviction

definitive, be prosecuted, investigated or arrested in criminal, correctional or other matters

simple police only after the lifting of parliamentary immunity.

Parliamentary immunity is lifted following a public vote and by majority vote.

of two thirds (2/3) of the members composing the chamber concerned.

Members of Parliament are protected against threats, violence and attacks from

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 mandate, except in the event of the lifting of parliamentary immunity.

Article 88

An organic law fixes, 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

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Article 89

Parliament votes on laws, approves taxes, monitors the actions of the executive branch and evaluates

public policies under the conditions provided for by this Constitution.

Article 90

The means of information, control and evaluation of Parliament on the action of the

executive power are as follows:

- The arrests;

- Written and oral questions;

- Current issues;

- The investigation, control and evaluation commissions.

Article 91

The Vice-President of the Government and the Ministers respond to the questions before

the relevant House of Parliament:

In this circumstance, the relevant Chamber may take a resolution to make

recommendations to the President of the Republic.

Article 92

At least one session per month is reserved for questions from parliamentarians and

responses from the executive branch.

However, a session devoted to the examination of current issues may be organized

whenever needed.

Current issues may be the subject of interpellations by the executive branch, even

during extraordinary sessions of Parliament.

The executive branch is required to provide Parliament with all the information that

are asked about his management and activities.

Article 93

An organic law determines the conditions under which the written question may be

transformed into an oral question with debates, and the conditions of organization and operation

commissions of inquiry, control and evaluation.

CHAPTER III: ORGANIZATION AND OPERATION OF THE

PA RLEMENT

23

Article 94

Each House of Parliament shall meet as of right on the first working day following the

fifteenth day after his election. His agenda then includes exclusively

the election of its President and its Bureau.

The presidents and other members of the offices of the National Assembly and the Senate

are elected by their peers for the duration of the legislature, by secret ballot, in accordance with

to the provisions of the regulations of the relevant Chamber.

At any time after they take office, the relevant Chamber may revoke the

President and other members of the office of their mandate following a vote of no confidence,

by absolute majority.

Article 95

Parliament meets by right in one session per year. The parliamentary session

opens on the first working day of October and ends, at the latest, on the last

working day of the month of July.

Article 96

Parliament meets automatically during the state of siege and in cases

provided for in Article 73 above.

Article 97

The Houses of Parliament meet in extraordinary session, upon convocation by

their presidents, for a specific agenda, at the request of either the President of the

Republic, or by the absolute majority of their members.

Extraordinary sessions are opened and closed by decree of the President of the

Republic.

They cannot exceed a period of fifteen days.

Article 98

The sessions of Parliament are public. A full report of the debates is published

in the Journal of Debates.

Each of the two Chambers may, under the control of its Bureau, have the following disseminated by the

public media a retransmission of the debates, respecting pluralism and

in accordance with the provisions of its Regulations.

Each of the two Chambers may accommodate a foreign Head of State or Government.

or the Head of an international institution.

Each House 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 99

The closing of ordinary or extraordinary sessions is automatically delayed to allow,

where applicable, the application of the provisions of Articles 71, 72, 108 and 109 of this

constitution.

Article 100

Each parliamentarian is the representative of the entire Nation.

Any imperative mandate is null.

Any parliamentarian excluded from his political party during his term of office will finish it off.

The right to vote of members of Parliament is free and personal.

The rules of each Chamber exceptionally authorize the delegation of votes.

No one may receive delegation of more than one mandate.

Article 101

Each House of Parliament votes on its own regulations, which can only come into force after

have been recognized as conforming to the Constitution by the Constitutional Court. Any

any subsequent modification is also subject to the latter.

24

Article 102

Each House of Parliament enjoys administrative and financial autonomy.

Article 103

The parliamentary opposition has rights guaranteeing it adequate representation

and effective in all instances of Parliament.

TITLE V: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE

LEGISLATIVE POWER

CHAPTER I: SCOPE OF LAW AND REGULATIONS

Article 104

Except in 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

goods, for public utility and national defense in particular;

- The nationality, status and capacity of persons, matrimonial regimes,

inheritances and gifts, the status of foreigners and immigration;

- The procedure by which traditions, rites, customs and practices are established,

codified and brought into harmony with the fundamental principles of the Constitution;

- The organization of civil status;

- Audiovisual, cinematographic and written communication;

- The conditions for the use of IT so that honour is safeguarded,

the personal and family privacy of citizens, as well as the proper exercise of their

rights;

- The compulsory military service system;

- The personal data protection regime;

- 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 and Public Offices, the professions of Officers

Ministerial;

- The determination of crimes and offences as well as 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,

trade unions, parties and political formations;

- The status of opposition;

- The regime of worship;

- The basis, rate and methods of collection of taxes of all kinds,

25

the currency issuing system;

- The general status of the civil service and the specific statuses;

- 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 in the sector

public to private sector;

- The public service concession system;

- The transport, telecommunications and technology regime

information and communication;

- The general administrative and financial organization;

- The creation, operation and free administration of local authorities,

their skills, resources and tax bases;

- The conditions for State participation in the capital of all companies and control by

this one 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, artistic, cultural and archaeological heritage;

- The conditions for the promotion and development of local languages;

- The regime of conservation, exploitation and distribution of natural resources

from the ground and the subsoil;

- Protection of nature, the environment and the fight against climate change

climate;

- The biodiversity conservation and protection regime;

- The system of property, real rights and civil and commercial obligations;

- State loans and financial commitments;

- Economic and social action programs;

- The conditions under which finance laws and regulations are presented and voted on

the nation's accounts;

- The finance laws determining the resources and charges of the State in the

conditions provided for by an organic law;

- The program laws setting the State's objectives in economic and social matters,

cultural and national defense;

- The design and evaluation of public policies;

- The creation and abolition of autonomous public establishments and services.

The law also determines the fundamental principles:

- Teaching;

- Health;

- Social security:

Labor law;

Trade union rights including the conditions for exercising the right to strike;

Mutuality and savings;

- On the general organization of national defense and public security.

The administrative organization of the territory of the Republic is established by an organic law.

26

CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

The provisions of this article may be clarified or supplemented by law.

organic.

Article 105

Organic laws are those which aim to clarify or supplement the

provisions relating to the organization or operation of Institutions, structures and

systems provided for or qualified as such by the Constitution.

They are voted on and modified under the following conditions:

- the draft or proposed organic law is not submitted for deliberation and voting

of the first chamber seized only after the expiry of a period of fifteen days after its

deposit;

- the procedure of Articles 113 and 118 is applicable;

- 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 its

members in office.

However, in the absence of agreement between the two chambers, the text cannot be adopted by

the National Assembly in the final reading only by a two-thirds majority of its members in

function ;

Organic laws, before their promulgation, are referred to the Constitutional Court

by the President of the Republic.

Article 106

All resources and all charges of the State must, for each financial year

budgetary, be assessed and included in the annual draft finance law submitted by the

President of the Republic to the National Assembly no later than fifteen days after

the opening of the ordinary session.

If the finance bill is not submitted after this deadline, the National Assembly

calls on the President of the Republic to respect the requirements

constitutional. He has a period of fifteen days to submit the draft law of

finances.

After the submission of the finance bill, if the National Assembly has not

pronounced in first reading within thirty days, the President of the Republic

seizes the Senate which decides within fifteen days.

It is then examined under the conditions provided for in Article 118 below.

If by the thirty-first of December of the current year, Parliament has not voted on the budget in

balance, it temporarily renews the previous budget.

Within fifteen days, the President of the Republic shall request Parliament to

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 law for the year to the President of

27

the Republic. This is definitively established by special order.

The new revenues that can be created, if they are direct taxes and

contributions or similar taxes, are collected from the first

January.

Article 107

The Court of Auditors assists Parliament and the President of the Republic in the control

of the execution of the finance law.

The draft settlement law established by the President of the Republic, accompanied by the

report on the implementation of the finance law and the report on the certification of the account

General State produced by the Court of Auditors, must be submitted to Parliament, at the latest

late, at the beginning of the ordinary session of the first year following the financial year of execution

of the relevant budget.

Article 108

The declaration of war by the President of the Republic is authorized by Parliament.

In the event of disagreement between the two Chambers, the decision is taken by the Assembly.

national by absolute majority.

The President of the Republic informs Parliament of his decision to involve the

armed forces abroad, no later than three days after the start of the intervention. It specifies

the objectives pursued. This information may give rise to a debate which is not followed

of no vote.

When the duration of the intervention exceeds six months, the President of the Republic submits

its extension with the authorization of Parliament.

In the event of disagreement between the two Houses of Parliament, the National Assembly decides

as a last resort.

If Parliament is not in session at the end of the six-month period, it shall decide

of an extraordinary session convened for this purpose by the President of the Republic.

The credits necessary to support these operations are subject to approval

of Parliament.

Article 109

The extension of the state of emergency or 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 Assembly.

national by absolute majority.

Article 110

Matters other than those falling within the scope of the law have a regulatory character.

They are the subject of decrees of the President of the Republic.

28

These matters may, for the application of these decrees, be the subject of orders by the

Responsible ministers or other administrative authorities empowered to do so.

Article 111

The President of the Republic may, in case of emergency, for the execution of his program,

ask Parliament for authorization to make an order during

the parliamentary intersession, measures which are normally within the domain of the law.

The orders are taken after advisory opinion from 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.

CHAPTER II: LEGISLATIVE PROCEDURE

Article 112

The initiative of laws belongs concurrently to the President of the Republic and to the

Parliament.

Article 113

Bills and proposed laws are tabled in one of the two Chambers

of Parliament, after advisory opinion from the Council of State.

By delegation of the President of the Republic, the Vice-President of the Government or any

another member of the Government is responsible for explaining the reasons and supporting the

discussion before the Houses of Parliament.

The draft or proposal of an organic law is not subject to deliberation and voting

of Parliament only after the expiry of a period of fifteen days after its submission.

The draft finance laws and draft constitutional revisions are submitted in

first place in the National Assembly. Bills relating to local authorities

are presented first before the Senate.

Any bill transmitted to the President of the Republic by Parliament which has not

not been examined within sixty days is automatically put into

deliberation within Parliament.

Article 114

Members of Parliament have the right to amend.

Any parliamentary amendment resulting in either a reduction in

revenue, either the creation or the aggravation of a public charge, must necessarily

restore the budget balance.

29

NATIONAL CONSTITUTIONAL COMMITTEE | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Amendments must not be unrelated to the text to which they refer.

report.

Article 115

If it appears during the legislative procedure that a text or an amendment is not

not within the scope of the law, within the meaning of Article 104 above, or exceeds the limits of

the legislative authorization granted to the President of the Republic under Article 111,

The President of the Republic may raise the inadmissibility, as well as the President of the

Chamber concerned, at the request of one fifth of its members.

In the event of disagreement, the Constitutional Court shall be notified. The latter shall rule within the period of

eight days.

Article 116

The agenda of the Parliament includes the discussion of draft laws tabled by the

President of the Republic and proposed laws.

The President of the Republic is informed of the agenda of the work of the Chambers and

of their commissions.

The President of the Republic or, by delegation, the members of the Government,

have the right of access and speech in the Houses of Parliament and their

commissions. They are heard at the initiative of parliamentary bodies or at their

request.

Article 117

The urgency of voting on a law may be requested either by the President of the Republic,

either by the members of Parliament by an absolute majority.

Regarding the urgency of organic laws, the period of fifteen days is reduced to eight

days .

Article 118

Any draft or proposed law is examined successively in the two Chambers of

Parliament with a view to adopting an identical text.

When, as a result of a disagreement between the two Chambers, a bill or proposal

law could not be adopted after a single reading by each of the chambers, the Presidents

The Senate and the National Assembly call for a meeting of a joint committee of

two chambers, responsible for proposing a text on the provisions remaining under discussion.

If the joint committee adopts a joint text, it does not become that of Parliament.

that if it is adopted separately by each of the chambers.

If the joint committee fails to adopt a joint text, the Assembly

National decides definitively.

The procedure relating to the budget is identical to that of ordinary law, subject to the

special provisions referred to in Article 106 above.

30

Article 119

Draft laws and bills are sent to the committees for examination.

competent authorities of each Chamber of Parliament before deliberation in plenary session.

After the opening of public debates, no amendment may be examined unless it has been

previously submitted to the competent committee.

TITLE VI: JUDICIAL POWER

CHAPTER I: GENERAL PRINCIPLES OF JUSTICE

SECTION I: PRINCIPLES OF EXERCISE OF JUDICIAL POWER

Article 120

Justice is rendered in the name of the Gabonese people by the Constitutional Court, the

jurisdictions of the judicial order, jurisdictions of the administrative order, jurisdictions

of the financial order, the High Court of Justice and other exceptional jurisdictions.

Article 121

The judiciary is independent of the executive and legislative branches, in the

compliance with the provisions of this Constitution.

Magistrates are subject, in the exercise of their functions, only to the authority of the law.

The judges of the bench are irremovable under the conditions set by law.

An organic law establishes the status of magistrates.

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 122

Alternative and traditional dispute resolution methods are permitted in the

conditions determined by law.

SECTION II: PRINCIPLES OF ORGANIZATION OF JUSTICE

Article 123

The judiciary includes the judicial, administrative and financial branches.

The judicial system includes the Court of Cassation, the Courts of Appeal and the

courts.

The administrative order includes the Council of State, the Administrative Courts of Appeal and the

administrative courts.

The financial order includes the Court of Auditors and the provincial audit chambers.

An organic law establishes the organization of Justice.

31

Article 124

The High Council of the Judiciary ensures the proper administration of justice.

Article 125

The jurisdictional orders enjoy financial autonomy under the conditions set

by law. The credits necessary for their operation are included in the law of

finances.

CHAPTER II: HIGH COURTS

SECTION I: OF THE COURT OF CASSATION

Article 126

The Court of Cassation is the highest court of the State in civil, commercial,

social, criminal and petitions. It is divided into civil, commercial,

social, criminal and requests.

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

the 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 and all authorities.

administrative and to all natural and legal persons.

Article 127

An organic law establishes the organization, composition, skills and

functioning of the Court of Cassation as well as the Courts of Appeal and the tribunals

judicial matters in civil, commercial, social, criminal and petitions.

SECTION II: OF THE COUNCIL OF STATE

3 2

Article 128

The Council of State is the highest court of the State in administrative matters.

The Council of State hears, in first and last instance or in last resort, all

matters for which the law expressly grants it competence, in particular:

- Appeals for abuse of power brought against unilateral administrative acts

individual or regulatory administrative authorities with national jurisdiction

or those whose scope extends beyond the jurisdiction of a Court of Appeal

Administrative;

- Appeals for annulment directed against administrative decisions and

disciplinary measures taken by collegiate bodies with national jurisdiction and the

professional orders, unless otherwise provided for in the texts in force;

- Liability actions brought against the State and its public establishments;

- Appeals in matters of election other than political elections and operations

of referendum;

- In cassation, appeals lodged against the decisions of the Courts of Appeal and

other matters for which the law grants it this competence.

Article 129

In addition to its jurisdictional powers, the Council of State proclaims the results of

local elections and is consulted under the conditions set by the organic law referred to in

Article 131 below, and other laws.

When referred to by the President of the Republic on draft legislative texts or

regulatory, the Council of State issues opinions.

When referred to by the President of one of the chambers of Parliament on a proposal

of law, the Council of State issues opinions.

Article 130

The decisions of the Council of State are vested with the absolute authority of res judicata. They

are binding on lower courts, public authorities and all authorities

administrative and to all natural and legal persons.

Article 131

An organic law establishes the organization, composition, skills and 33

functioning of the Council of State, the Courts of Appeal and the administrative tribunals.

SECTION III: OF THE COURT OF AUDITORS

Article 132

The Court of Auditors is the highest court of the State in matters of control of

public finances. It is the supreme institution for the control of public finances.

For this purpose:

- It checks the regularity of the income and expenditure described in the accounts

public and ensures, from the latter, the proper use of credits, funds and

values ​​managed by State services or by other legal entities

audience;

- It ensures the verification of accounts and the management of public companies and

organizations with public financial participation;

- It ensures the verification of the accounts and management of any organization benefiting

financial support from public bodies;

- It judges the authorising officers and public accountants;

- It declares and settles de facto management;

- It punishes management errors committed against the State and local authorities

local authorities and bodies subject to its control;

- It judges the accounts of the electoral campaigns, under the conditions set by the

law :

- In cassation, appeals lodged against the decisions of the provincial chambers

accounts.

Article 133

In addition to its jurisdictional missions, the Court of Auditors assists the executive branch and the

Parliament.

To this end, it proceeds in particular:

- to monitor the implementation of finance laws and inform Parliament and the

President of the Republic;

- to the certification, regularity, sincerity and fidelity of the State accounts;

- to the evaluation of public policies and audits.

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 and all authorities

administrative and to all natural and legal persons.

Article 135

An organic law establishes the organization, composition, competence and operation

of the Court of Auditors and the provincial Chambers of Auditors.

CHAPTER III: OF THE HIGH COURT OF JUSTICE, OF THE COURT OF

JUSTICE OF THE REPUBLIC AND OTHER JURISDICTIONS

EXCEPTIONAL

SECTION I: OF THE HIGH COURT OF JUSTICE

34

Article 136

The High Court of Justice is a non-permanent exceptional jurisdiction.

The High Court of Justice judges the President of the Republic in case of violation of the oath

or high treason.

There is high treason when the President of the Republic is recognized as the author of a transfer

of all or part of the national territory, of intelligence with foreign powers, of

forgery and use of forgery in matters of nationality and attempted modification of

intangible principles of the Constitution.

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, ruling

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 Assembly

National convene the meeting of a joint committee of the two chambers,

responsible for proposing a common position.

If the disagreement persists, the National Assembly will make a final decision.

NATIONAL CONSTITUTIONAL COMMITTEE | ELAREPHBLICLLEGABONAI SE CONSTITUTION PROJECT

The High Court of Justice is seized, depending on the case, either by the Presidents of the two

Houses of Parliament, or by the President of the National Assembly.

Article 138

The High Court of Justice is composed of thirteen members including seven magistrates.

professionals representing the three orders of jurisdiction designated by the Higher Council

of the judiciary and six parliamentarians elected by Parliament from among its members, at the rate of

four for the National Assembly and two for the Senate, in proportion to the number of members

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 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 when

the facts were committed.

Article 140

Upon termination of his functions, the President of the Republic is subject to the jurisdictions

common law for acts committed before taking up office or outside of it.

here.

Article 141

The operating rules of the High Court of Justice, the determination of

offences, the procedure and the penalties applicable before it are fixed by a law

organic.

35

SECTION II: OF THE COURT OF JUSTICE OF THE REPUBLIC

Article 142

The Court of Justice of the Republic is a non-permanent exceptional jurisdiction.

It judges the Vice-President of the Republic, the Presidents and Vice-Presidents of

constitutional institutions, members of the Government, heads of the High Courts

and members of the Constitutional Court for acts committed in the exercise or

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

violation of their oath.

Upon termination of their functions, the personalities cited in the above paragraph lose the

privilege of jurisdiction of the Court of Justice of the Republic and are responsible for the acts

committed in the exercise of their functions or in the course of these functions before the courts

common law.

However, if the termination of service occurs while a procedure involving one of the

personalities cited above is already open before the Court of Justice of the Republic,

The latter remains seized until a final decision is made on the case.

Article 143

The Court of Justice of the Republic comprises thirteen (13) judges, including seven (7) magistrates

professionals representing the three orders of jurisdiction designated by the Higher Council

of the Judiciary, and six (6) members elected by Parliament from within it, at a rate of three

(3) by the National Assembly and three (3) by the Senate, in proportion to the size of the groups

parliamentarians.

The President and Vice-President of the Court of Justice of the Republic are elected from among the

professional magistrates referred to in the above paragraph by all 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 of any

person injured by a crime or offence committed in the exercise of his functions by one

personalities cited in article 142 above.

Article 144

The Court of Justice of the Republic is bound by the definition of crimes and offences as well as

by determining the penalties as they result from the law at the time of the facts.

Article 145

The operating rules of the Court of Justice of the Republic as well as the procedure

applicable before it are fixed by an organic law.

SECTION III: OTHER EXCEPTIONAL JURISDICTIONS

36

Article 146

The other exceptional jurisdictions are also non-permanent bodies, created

by law.

CHAPTER IV: OF THE HIGH COUNCIL OF THE MAGISTRATURE

Article 147

The High Council of the Judiciary ensures the proper administration of justice and

rules on this fact on the appointments, assignments, promotions and discipline of

magistrates.

Article 148

The High Council of the Judiciary is chaired by the President of the Republic.

The President of the High Council of the Judiciary is assisted by the Minister responsible for

Justice.

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 the Budget attends the High Council of the Judiciary with voice

advisory.

Article 149

The composition, powers, organization and functioning of the Council

Superior of the Judiciary are fixed by an organic law.

TITLE VII: OF THE CONSTITUTIONAL COURT

CHAPTER I: SKILLS

Article 150

The Constitutional Court is the jurisdiction of the State in constitutional matters. It is

impartial and independent of the executive and legislative powers, in compliance with the

provisions of this Constitution.

She is the judge of the constitutionality of laws and the regularity of presidential elections,

legislative and referendum. It guarantees the fundamental rights of the human person and the

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 151

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 authorisation law;

Draft or proposed revisions to the Constitution before their adoption by

referendum or by Parliament, as to the regularity of the procedure and the object of

the revision;

- The constitutionality of organic laws before their promulgation;

- The regulations of the National Assembly, the Senate and the Economic and Social Council

and Environmental, before their implementation, as to their compliance with the

Constitution;

- The regulation of the congress of the 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 the jurisdictional orders;

- The regularity of presidential and parliamentary elections and of the operations of

referendum of which it proclaims the results;

- The forfeiture of the mandate of deputies and senators.

37

Article 152

The Constitutional Court may rule on:

- The constitutionality of laws before their promulgation and of ordinances after their

- The constitutionality of laws promulgated within a maximum period of thirty days

after their publication;

- The constitutionality of jurisdictional decisions deemed to undermine the

fundamental human rights and public freedoms.

When the Constitutional Court admits the unconstitutionality of a law, Parliament

remedy the legal situation resulting from the Court's decision within one month.

Article 153

Apart from the other powers provided for in this Constitution, the Court

Constitutional has the power to interpret the Constitution and other texts

constitutional value, in case of doubt or gap.

CHAPTER II: REFERENCE AND AUTHORITY OF DECISIONS

Article 154

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 in the

conditions provided for by the rules of procedure before the Constitutional Court.

Article 155

Organic laws and ordinances relating to the area covered by the organic law

are submitted by the President of the Republic to the Constitutional Court before their

promulgation or publication thereof.

Other categories of law and orders may be referred to the Court

Constitutional, either by the President of the Republic or by the Presidents of the

Houses of Parliament or one tenth (1/10th) of the members of each House, or

by the Presidents of the Court of Cassation, the Council of State and the Court of Auditors,

either by any citizen or any legal person harmed by the disputed law or order.

It rules ex officio on the constitutionality of laws and ordinances deemed

infringe on fundamental human rights and public freedoms.

It more generally rules on violations of human rights and its

decision must be made within a maximum of eight days.

The Constitutional Court rules, according to an adversarial procedure, the terms of which

are fixed by the organic law, within one month. However, at the request of the

President of the Republic and in case of emergency, this period is reduced to eight days.

The appeal suspends the period for promulgation of the law or the application of the order.

38

quarreled.

A provision declared unconstitutional may not be promulgated, published or

applied.

Article 156

Any litigant may, during a trial before an ordinary court, raise a

exception of unconstitutionality against a law or an ordinance which disregards

his 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 month. If it declares the law or

the incriminated order contrary to the Constitution, this law or this order ceases

to produce its effects from the decision.

Parliament will examine, during the next session, as part of a procedure

of referral, the consequences arising from the decision of non-compliance with the Constitution

rendered 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 one (1) month.

Article 157

The international commitments provided for in Articles 181 and 182 below must be

referred, before their ratification, to the Constitutional Court, either by the President of the

Republic, either by the President of the National Assembly or one tenth (1/10°) of the

deputies, either 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 an emergency, this period is reduced to eight (8) days.

If so, these commitments can only be ratified under the conditions

fixed in Article 181 below.

Article 158

In matters of interpretation of the Constitution and other texts of value

constitutional, the Constitutional Court is seized by the President of the Republic, the

President of the National Assembly, President of the Senate, one tenth (1/10) of the deputies

or senators.

Article 159

The decisions of the Constitutional Court are not subject to any appeal. They

are binding on public authorities, on all administrative and jurisdictional authorities

and to all natural and legal persons.

39

CHAPTER II: COMPOSITION AND STATUS OF MEMBERS

Article 160

The Constitutional Court consists of nine 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 terms.

The nine (9) appointed 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;

One (1) by the President of the Senate;

Three (3) by the High Council of the Judiciary chosen from among the magistrates of

non-hierarchical grade representing the three levels of jurisdiction.

Constitutional Judges are chosen, primarily, from among Magistrates of a higher rank

hierarchy, Lawyers and Law Teachers-Researchers aged fifty (50) years

at least and having at least fifteen (15) years of experience, as well as the personalities

qualified persons who have honored their service to the Nation or recognized for their competence and their

proven expertise in legal or administrative matters.

The President of the Constitutional Court is elected by his peers for the duration of the mandate

among the magistrates who are members of the Court.

In the event of temporary incapacity, the interim President is ensured by the senior judge.

Constitutional,

In the event of the death or resignation of a member, the new member appointed by the authority

of the appointment concerned completes the term of office begun.

Former Presidents of the Republic are ex officio members of the Court.

Constitutional, unless expressly waived or otherwise advised by the Court

Constitutional.

Constitutional Judges are subject, in the exercise of their function, only to the authority

of the law.

Article 161

The functions of a member of the Constitutional Court are incompatible with any other

public service 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 tried on the occasion of opinions or votes expressed by him in the exercise of

his functions and even after their termination.

40

CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Any measure of prosecution, arrest or detention of a member of the Court

Constitutional can only intervene after the Court's favourable opinion ruling on the

majority of four-fifths (4/5) of the other members, except in the case of a crime or offence

flagrant or definitive condemnation.

The members of the Constitutional Court are protected against threats, insults,

violence and attacks of any nature whatsoever to which they may be subjected in

the exercise or on the occasion of the exercise of their functions.

Members of the Constitutional Court take the oath during a ceremony

solemn presided over by the President of the Republic before 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 right hand

naked raised before the national flag:

"I swear to conscientiously fulfill the duties of my office in strict compliance

of his obligations of neutrality and reserve, and to conduct myself, in everything, with dignity,

impartial and loyal Constitutional Judge.

Article 162

The Constitutional Court sends an activity report to the President of the Court each year.

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 on legislative and regimental matters and make any suggestions that it deems useful

to the consolidation of the rule of law.

CHAPTER III: FINANCIAL MANAGEMENT AUTONOMY

Article 163

The Constitutional Court enjoys autonomy in financial management. The appropriations

necessary for its operation are included in the finance law.

Article 164

The rules of organization and operation of the Constitutional Court, as well as the

procedure followed before it, are determined by an organic law.

TITLE VIII: ECONOMIC, SOCIAL AND

ENVIRONMENTAL

41

Article 165

The Economic, Social and Environmental Council, subject to the provisions of Articles

51, paragraphs 3 and 4, and 112 above gives its opinion on all development issues

economic, social, cultural and environmental, 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 163

The Economic, Social and Environmental Council participates in all committees of interest

national economic, social, cultural, religious, environmental

and of

sustainable development.

It collects and writes, with the participation of the different entities that compose it,

the attention of the President of the Republic and Parliament, the annual collection of expectations,

needs of populations and problems of civil society with orientations and

proposals.

Article 166

The Economic, Social and Environmental Council is responsible for giving its opinion on the

economic, social, cultural, religious, environmental and other issues

sustainable development, brought to its examination by the President of the Republic, the

Parliament or any other public institution.

He must be consulted on any draft plan or any draft program to

economic, social, cultural, religious, environmental and developmental character

sustainable. It can be, beforehand, associated with their development.

The Economic, Social and Environmental Council is seized by the President of the

Republic of requests for advice or studies on all development issues

economic, social, cultural, religious, environmental and sustainable development.

Article 167

The Economic, Social and Environmental Council may also proceed, desa

own initiative, to the analysis of any problem of economic, social development,

cultural, culinary, environmental and sustainable development. He submits his conclusions

to the President of the Republic and to the Presidents of the Chambers of Parliament.

The President of the Republic and Parliament have the obligation, when they are notified, to

follow up on the opinions and reports formulated by the Economic, Social and

Environmental, within a maximum period of three months for the President of the

Republic and before the end of the current session for Parliament.

Article 168

The Economic, Social and Environmental Council may appoint one of its members,

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 draft or proposed laws

which were submitted to him.

The Economic, Social and Environmental Council must receive from the President

of the Republic an amplification of the laws, ordinances and decrees on which it has been

42

consulted, as soon as they are promulgated. He monitors the execution of the decisions of the President of the

Republic relating to the economic, social, cultural, religious organization,

environmental and sustainable development.

Article 169

The Economic, Social and Environmental Council meets every year as of right

in two (2) ordinary sessions of twenty-one days each. The first session opens

the third Tuesday in February and the second, the first Tuesday in September.

The opening of each session is postponed to the next day if the scheduled day is not a working day.

The Economic, Social and Environmental Council may be convened in session

extraordinary by its President for a period of ten days at most.

The meetings of the Economic, Social and Environmental Council are public.

Article 170

Are members of the Economic, Social and Environmental Council for a five-year term

renewable one (1) time:

- Senior State executives in the economic, social, cultural and

environmental appointed by decree of the President of the Republic;

- Representatives of local authorities appointed by their peers;

- Representatives of independent trade unions, trade union confederations,

associations, socio-professional groups and organizations

governmental, the most representative, elected by their original groups, after

clearance from the competent authorities and representatives of religious denominations;

- Representatives of Gabonese people living abroad designated by their peers;

- Representatives of indigenous populations designated by their peers.

In the event of death, resignation of a member, or loss of status in his sector

of origin, the new member concerned completes the mandate started

Article 171

The Economic, Social and Environmental Council is headed by an office which includes

a president, two vice-presidents, two quaestors and three secretaries.

The President of the Economic, Social and Environmental Council, the First Quaestor and

The First Secretary of the Office are appointed by decree of the President of the Republic

among the senior State executives appointed to the Economic, Social and

Environmental.

The two Vice-Presidents and the other members of the Bureau are appointed by decree of

President of the Republic on the proposal of the representatives of the independent trade unions,

trade union confederations, associations, socio-professional groups,

non-governmental organizations, the most representative, and faiths

religious.

The members of the Council Bureau are appointed for the entire duration of the mandate.

43

No member of the Economic, Social and Environmental Council may be

prosecuted, investigated or tried for opinions expressed by him during Council meetings.

Article 172

The internal organization, the rules of operation and designation of the members of the

Economic, Social and Environmental Council are established by an organic law.

TITLE IX: LOCAL AUTHORITIES

Article 173

The State ensures the governance of local authorities through a policy of decentralization

effective and efficient, guaranteeing equitable, democratic and inclusive local development.

CHAPTER I: COMPOSITION

Article 174

Local authorities are municipalities and departments.

Article 175

Other local authorities are created by law.

They may only be modified or deleted after consulting the Councils concerned and in

the conditions set by law.

CHAPTER II: SKILLS AND OPERATION

Article 176

Local authorities are freely administered by elected Councils under the conditions

provided for by law, in particular with regard to skills and their resources.

In the implementation of decentralization, any transfer of skills 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 skills resulting in an increase in

local government expenditure is accompanied by resources determined by law.

The law provides for equalization mechanisms intended to promote equality between

local authorities.

Article 177

Local authorities are responsible for making decisions for all

skills that can best be implemented at their level.

Article 178

As part of national solidarity, the State provides local authorities with:

a special annual development grant under the conditions set by law

Article 179

4 4

Local consultations, covering specific issues not falling within the scope of the

area of ​​the law, can be organized at the initiative of either elected Councils or

interested citizens, under the conditions set by law.

Article 180

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 ensures the

guardianship control.

An organic law specifies the methods of application of this title.

TITLE X: TREATIES AND INTERNATIONAL AGREEMENTS

CHAPTER I: NEGOTIATION AND RATIFICATION

Article 181

The President of the Republic negotiates, signs international treaties and agreements and

ratifies after the vote of an authorization law by Parliament and the verification of their

constitutionality by the Constitutional Court.

He denounces international treaties and agreements.

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 a

international agreement not subject to ratification.

Article 182

Can only be approved and ratified by law:

- Peace treaties;

- Trade treaties;

- Judicial cooperation treaties;

- Treaties relating to international organization;

- Treaties relating to defense;

- Treaties relating to environmental protection and resource management

natural;

- Treaties relating to regional and sub-regional integration;

- Treaties relating to digital, transport, information technologies

and communication;

- 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

have been regularly ratified and published.

45

No transfer, exchange or addition of territory is valid without consultation.

prior approval of the Gabonese people by way of referendum.

Article 183

The Gabonese Republic, concerned with achieving African unity, can conclude

sovereignly any sub-regional or regional integration agreement, in accordance with the

Articles 181 and 182 of this Constitution.

Article 184

If the Constitutional Court, seized by 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

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.

CHAPTER II: AUTHORITY OF TREATIES AND AGREEMENTS

INTERNATIONAL

Article 185

Treaties or agreements duly ratified have, from the moment of their publication, an authority

superior to that of the laws, subject, for each agreement or treaty, to its application

by the other party.

TITLE XI: REVISION OF THE CONSTITUTION

CHAPTER I: THE REVISION PROCEDURE

46

Article 186

The initiative for the revision belongs jointly to the President of the Republic and to the

members of Parliament.

Any proposal for revision must be submitted to the Bureau of the National Assembly by

at least one third of the Deputies or at the Bureau of the Senate by at least one third of the Senators.

Any project or proposal for revision of the Constitution as well as any amendment

relating thereto is subject to the control of 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 and exceptionally by

parliamentary route.

In the first case, the draft or proposal for revision of the Constitution is submitted

to the referendum by the President of the Republic, in accordance with the provisions of

Article 65 above.

In the second case, the draft or the revision proposal must be voted on respectively by

the National Assembly and by the Senate in identical terms before being submitted for

adoption by the Parliament meeting in congress.

The adoption of any project or proposal for revision of the Constitution by way of

Parliamentary requires the presence of at least two thirds of the members of both chambers

gathered together. The Presidency of the Congress is ensured by the President of the National Assembly.

The congress office is that of the National Assembly.

A qualified majority of two-thirds of the votes cast is required for the adoption of the

draft or proposal for revision of the Constitution.

CHAPTER II: LIMITS TO THE POWER OF REVISION

SECTION I: CIRCUMSTANCES

Article 187

The revision of the Constitution cannot be started or completed:

- The twelve 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 72 above, or of an attack on

the integrity of the territory duly established;

- During the period between the proclamation of the election results

presidential election at the start of a presidential term.

SECTION II: INTANGIBILITIES

47

Article 188

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 and duration of presidential mandates;

- The method of election by direct universal suffrage of the President of the Republic;

- The definition of marriage as a union between a man and a woman;

- The number and duration of the mandate of the members of the Constitutional Court;

- The provisions of Articles 187 above and 192 below.

Article 189

The articles enshrining principles and intangible matters cannot be the subject

of no modification.

The provisions of this article may not be subject to any revision.

GABONESE REPUBLIC

UNION - WORK - JUSTICE

•="-

DRAFT LAW N°.../PT-PR/MRI/MJGS OF

•••....2024 CONSTITUTING THE

GABONESE REPUBLIC

THE SOVEREIGN PEOPLE OF GABON HAVE ADOPTED

BY REFERENDUM,

THE PRESIDENT OF THE TRANSITION, PRESIDENT

OF THE REPUBLIC, HEAD OF STATE,

PROMULGATE THE CONSTITUTIONAL LAW

THE CONTENT OF WHICH FOLLOWS:

Official version delivered to His Excellency, General Brice Clotaire OLIGUI NGUEMA,

President of the Transition, President of the Republic, Head of State.

Libreville, August 31, 2024

AENOLYN TENO

NOMALILSNOD

TABLE OF CONTENTS

PREAMBLE.

4

TITLE I: FUNDAMENTAL RIGHTS AND FREEDOMS AND

HOMEWORK..

5

CHAPTER I: FUNDAMENTAL RIGHTS AND FREEDOMS

CHAPTER II: DUTIES.

SECTION I: DUTIES OF THE

6

8

8

CITIZEN SECTION II: DUTIES OF THE STATE

8

TITLE II: PRINCIPLES AND VALUES OF THE

REPUBLIC.

. 1 1

CHAPTER I: PRINCIPLES.

CHAPTER II: VALUES. .13

TITLE III: EXECUTIVE POWER.

. 1 3

CHAPTER I: THE PRESIDENT OF THE REPUBLIC

CHAPTER II: GOVERNMENT.

.13

.20

TITLE IV: LEGISLATIVE POWER.

..21

CHAPTER I: COMPOSITION OF THE LEGISLATIVE POWER AND STATUS

PARLIAMENTARIANS.

CHAPTER II: POWERS OF PARLIAMENT

22

CHAPTER III: ORGANIZATION AND OPERATION OF THE

PARLIAMENT.

.23

TITLE V: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE

LEGISLATIVE POWER........

..25

CHAPTER I: SCOPE OF LAW AND REGULATIONS

CHAPTER II: LEGISLATIVE PROCEDURE

25

.29

TITLE VI: JUDICIAL POWER.

..31

CHAPTER I: GENERAL PRINCIPLES OF JUSTICE....

SECTION I: PRINCIPLES OF EXERCISE OF JUDICIAL POWER.

SECTION II: PRINCIPLES OF ORGANIZATION OF JUSTICE .31

31

31

CHAPTER II: HIGH COURTS.....

SECTION I: OF THE COURT OF CASSATION

SECTION I: OF THE COUNCIL OF STATE.. 32

.32

32

11

2

SECTION III: OF THE COURT OF AUDITORS

32

CHAPTER III: OF THE HIGH COURT OF JUSTICE, OF THE COURT OF JUSTICE OF

THE REPUBLIC AND OTHER EXCEPTIONAL JURISDICTIONS

.34

SECTION I: OF THE HIGH COURT OF JUSTICE.

SECTION II: OF THE COURT OF JUSTICE OF THE REPUBLIC

SECTION III: OTHER EXCEPTIONAL JURISDICTIONS

34

35

36

CHAPTER IV: OF THE HIGH COUNCIL OF THE MAGISTRATURE

.37

.37

.37

38

.41

.41

TITLE VII: OF THE CONSTITUTIONAL COURT

CHAPTER I: SKILLS...

CHAPTER II: REFERENCE AND AUTHORITY OF DECISIONS

CHAPTER II: COMPOSITION AND STATUS OF MEMBERS

CHAPTER III: FINANCIAL MANAGEMENT AUTONOMY

TITLE VIII: ECONOMIC, SOCIAL AND

ENVIRONMENTAL........

TITLE IX: LOCAL AUTHORITIES.

CHAPTER I: COMPOSITION.

CHAPTER I: SKILLS AND OPERATION

TITLE X: TREATIES AND INTERNATIONAL AGREEMENTS

CHAPTER I: NEGOTIATION AND RATIFICATION

CHAPTER II: AUTHORITY OF TREATIES AND AGREEMENTS

INTERNATIONAL

41

4 4

44

44

3

...45

.45

46

TITLE XI: REVISION OF THE CONSTITUTION

CHAPTER I: THE REVISION PROCEDURE

CHAPTER II: LIMITS TO THE POWER OF REVISION

SECTION I: CIRCUMSTANCES

SECTION II: INTANGIBILITIES

.46

.46

..47

47

.47

TITLE XII: TRANSITIONAL AND FINAL PROVISIONS.

48

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 life

common according to the principles of national sovereignty, separation of powers,

of pluralist and participatory democracy, based on the holding of free and

transparent, social justice and the rule of law;

Instructed by the lessons of its political and constitutional history, eager to build a

Nation united in its diversity, united, peaceful and prosperous, and concerned with preserving the

political stability;

Driven by the firm desire to rebuild the State, to rehabilitate its cardinal values, to

to preserve republican principles and consolidate democracy and citizenship;

Inspired by the shared commitment to change for living together, development

and well-being;

Aware that choices intended 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 Inclusive National Dialogue and taking note of the

proposals and recommendations emanating from the various components of the driving forces of

the Nation;

Solemnly and sovereignly affirms its attachment to human rights and

fundamental freedoms, as they result from the Declaration of Human Rights and the

citizen of 1789 and the Universal Declaration of Human Rights of 1948, enshrined

by the African Charter on Human and Peoples' Rights of 1981, by the National Charter

freedoms of 1990;

Declares his deep interest in ecological issues, the environment, and changes

climate and ecosystem protection;

Solemnly proclaims its attachment to its land, to its deep social values ​​and

traditional, to its cultural, material and spiritual heritage, to respect for freedoms,

rights and duties of the citizen;

Affirms its full sovereignty over all the natural resources of its soil and

its basement as well as on digital;

By virtue of these principles and that of the sovereignty of the peoples, it adopts by

referendum this Constitution, the supreme law of the State, of which the Preamble is a part

integral.

4

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 necessarily binds public authorities.

Article 2

Every citizen has the right to the free development of his personality, with respect for the rights

of others and public order.

Article 3

No one may be humiliated, mistreated, tortured, or subjected to treatment or punishment

cruel, inhuman or degrading treatment or punishment, even when under arrest or

of imprisonment.

Article 4

Freedom of conscience, thought, ideology, opinion, expression,

communication, press, the right of access to information, freedom of enterprise, 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 and to leave it

and to return there, is guaranteed to all Gabonese citizens, subject to respect for order

audience.

Article 6

Any foreigner who is regularly on the national territory enjoys, for his person,

his family and property, from 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 under bilateral or international agreements

multilateral and national laws.

Article 8

The rights of the defence, in the context of any trial, are guaranteed to all; detention

preventive measure must not exceed the time provided by law.

Article 9

The secrecy of correspondence, postal and electronic communications,

telegraphic, telephone and telematic communications is inviolable. It may not be ordered to

5

restriction of this inviolability 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 documents

physical or digital administrative, under the conditions set by law.

All citizens have the right to be informed of the information contained in

files, archives or computer registers concerning them, to be informed of

purposes for which they are intended and to require that these data be rectified or made

up to date, under the conditions set by law.

Article 12

Everyone, alone or in association with others, has the right to own property. No one may be

deprived of his property, except when legally established public necessity so requires

and subject to fair and prior compensation; however, expropriations

real estate committed for reasons of public utility, for insufficiency or absence of implementation

in value, and targeting registered properties, are governed by law.

Article 13

Obtaining a land title by natural persons is an exclusively

reserved for Gabonese.

However, legal entities may apply to obtain a land title in the

conditions set by law.

The land title is an act subject to legal recourse under the conditions set out

by law.

Article 14

Every Gabonese has the right to freely establish his domicile or residence in a place

any part of the national territory and to carry out all activities there, subject to compliance

of public order and law.

Article 15

The home is inviolable. A search can only be ordered by the judge or by

other authorities designated by law. Searches may only be carried out

in the forms prescribed for these

Measures which infringe or restrict the inviolability of the home may not be

taken only to ward off collective dangers or protect public order from threats

imminent, in particular to combat the risks of epidemics, terrorist acts or

to protect people in danger.

6

Article 16

The right to form associations, non-governmental organizations,

foundations, political parties or groups, unions, companies,

institutions of social interest as well as religious communities, is guaranteed to all

under the conditions set by law.

Religious communities regulate and administer their affairs in a manner

independent, subject to respecting the principles of national sovereignty, order

public and to preserve the moral and mental integrity of the individual.

Associations, non-governmental organisations, foundations, parties or groups

politicians, unions, companies, social interest institutions, as well as communities

religious whose activities are contrary to the laws, or to the good understanding of groups or

Ethnic groups may be prohibited under the terms of the law.

Any act of racial, ethnic or religious discrimination, as well as any propaganda

regionalist which could harm the internal or external security of the State or

the integrity of the Republic are punished by law.

Article 17

The right to organize and the right to strike are recognized for public employees and workers.

from the private sector, under the conditions defined by law.

The exercise of the right to strike by public officials or by workers in the private sector

must guarantee continuity of service.

The rights of consumers and users are guaranteed by the State, under the conditions

fixed by law.

Article 18

The care and education of children is a natural right of parents.

and a duty which they exercise, under the supervision and with the assistance of the State and others

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, with regard to

the State, the same rights with regard to both assistance and their development

physical, intellectual and moral.

However, freedom of education is guaranteed to all. Anyone can open a

preschool, primary, secondary, higher education establishment or a university, in the

conditions set by law.

The autonomy of universities and their franchises are recognized and guaranteed in 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 sets the operating conditions for private educational establishments in

taking into account their specificity.

7

Article 19

No one shall be arbitrarily detained.

No one may be held in custody or placed in custody if they provide guarantees.

sufficient representation, subject to security and procedural requirements.

Every defendant is presumed innocent until proven guilty following a

regular and fair trial, providing essential guarantees for his defense.

The judiciary, guardian of individual freedom, ensures respect for 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 men and women, under the following conditions:

fixed by law.

Article 22

Every Gabonese citizen has the right to obtain employment and the duty to work. No one

may be disadvantaged in his work because of his origins, his sex, his race, his

religion and opinions, under the conditions set by law.

Article 23

Every citizen has the duty to respect and defend the national heritage and property

public and to contribute to the preservation and improvement of the environment.

SECTION II: DUTIES OF THE STATE

8

Article 24

Any Gabonese citizen staying or residing abroad benefits from the protection and

State assistance, under the conditions set by national laws or agreements

bilateral and multilateral international agreements.

Article 25

The family is the natural basic cell of society; marriage, the union between two

people of different sexes, is the legitimate support.

The family and marriage are placed under the special protection of the State.

Article 26

The State reaffirms its commitment to the pro-natalist policy.

Article 27

The State has the obligation to respect the Constitution, fundamental rights and freedoms. It

ensures that they are made known, disseminated among the population and respected.

The State takes the necessary measures to integrate the Constitution, rights and freedoms

fundamentals, as well as the duties of citizens in educational programs

schools and universities as well as in the training of civil and military public officials.

Article 28

The State ensures the participation of Gabonese people living abroad in the life of the Nation. It

looks after 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 youth against exploitation and against moral, intellectual and

physical, is an obligation for the State and other public authorities.

Article 31

The State guarantees equal access for children and adults to education and training

professional and cultural.

The State has the duty to establish and organize educational programs; the collation of

grades remain the prerogative of the State.

The State has the duty to organize public education on the principle of neutrality

religious and, according to its possibilities, on the basis of gratuity.

The State has the duty to promote educational programs on the principle of

relationships between people of the opposite sex.

Article 32

The State guarantees all citizens equal access to jobs and public services, without

distinction of gender, ethnicity, politics, religion or ideology.

The State guarantees people living with disabilities equal access to jobs and services

public.

He has the duty to ensure, within the Administration, compliance with the principles of ethics,

ethics, performance, transparency and accountability, a guarantee of development

harmonious and sustainable development of the country.

9

Article 33

The defense of the Nation and the safeguarding of public order are essentially ensured

by the national defense and security forces.

Consequently, no person or group of people may

constitute a private militia or paramilitary group; the defense and security forces

National security are at the service of the State.

In peacetime, the Gabonese defense forces may participate in the work of

economic, social and environmental development 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

financial charges of private educational establishments, recognized 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 technologies and

communication to safeguard man, personal and family privacy

persons, as well as the full exercise of their rights.

Article 38

The State, according to its possibilities, guarantees to all, in particular to the child, to the mother, to the persons

living with disabilities, retirees and the elderly, health protection,

social security, 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 39

The Nation proclaims the solidarity and equality of all before public charges; each

must contribute, in proportion to its 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

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 related offences.

10

Any person invested with the functions of President of the Republic, Vice-President of

the Republic, President of a constitutional institution, member of the Government,

of member of the Constitutional Court, of parliamentarian, of magistrate, of officials

defense and security forces or any person exercising high functions in

the public administration or administration responsible for the management of public funds, is required to declare

his property 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 state and religion and recognizes all beliefs, subject to the

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 stripes

horizontal, of equal dimension.

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 and promotion of local languages.

The capital of the Republic is Libreville. It can only be transferred by virtue of a

referendum law.

The national holiday 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 territory

national and its extensions are the exclusive property of the State which specifies the terms and conditions

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 by the

constitutional institutions.

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No section of the people, no group, no individual can claim the exercise of the

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 elections and

parliamentarians.

The list system for local elections is single-round.

All are electors and eligible, under the conditions provided for by the Constitution and by law:

Gabonese people of both sexes, enjoying their civil and political rights.

No change to the electoral arrangements 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

form and exercise their activity freely, according to the principles of pluralist democracy and

participatory. 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 a disability to electoral mandates, under the conditions set by law.

They must respect the Constitution and the laws of the Republic.

Legally recognised political parties and groups of political parties benefit from the

State financing under the conditions provided for by law.

Article 47

Civil society is one of the components of the expression of pluralist democracy

and participatory. It contributes to democratic, economic, social development,

religious, environmental and cultural.

Article 48

The state guarantees the right to democratic opposition.

The Constitution guarantees the opposition a status that allows it to carry out its duties

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.

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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

to respect the Constitution; it ensures, through its arbitration, the regular functioning of

public authorities as well as the continuity of the State.

He is the guarantor of national independence, territorial integrity, 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 is

re-eligible only once.

No one may serve more than two successive terms.

The election of the President of the Republic takes place by a two-member majority vote.

towers.

The President of the Republic is elected by an absolute majority of the votes cast. If

If this is not obtained in the first round of voting, the fourteenth day is the

following the announcement of the results, to a second round.

Only the two candidates who received the votes can stand in the second round of voting.

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the highest number of votes in the first round.

In the event of withdrawal or permanent inability of one of the two candidates who arrive in

head in the first round, he is replaced by the candidate who follows him 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 53

All Gabonese men and women are eligible for the Presidency of the Republic.

meeting the following conditions:

- Be born of a Gabonese father and mother, themselves 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 man or woman born to a Gabonese father and mother;

- Have resided in Gabon for at least 3 years without interruption before the election

presidential;

Speak at least one local language;

- Enjoy a complete state of physical and mental well-being duly certified by a

medical college designated by the Constitutional Court before which it lends

oath ;

- Enjoy his civil and political rights.

Any Gabonese national with another nationality may apply provided that they

having given up two years before the election.

If, before the election, the Constitutional Court, seized under the conditions provided for by law,

notes the death or permanent incapacity of half of the candidates, it pronounces the

postponement of the election.

The Constitutional Court may extend the time limits provided for, in accordance with Article 54 above.

afterwards, without the postponement of the election being able to exceed the date of expiry of the mandate of the

President in office.

The terms of application of this article are set by an organic law.

Article 54

The term of office of the President of the Republic begins on the day he is sworn in, which is

take place on the thirtieth day after the proclamation of the results by the Constitutional Court and

terminates at the end of the seventh year following that date.

If there is no dispute, the decision of the Constitutional Court is made at the latest

no later than the seventh day following the announcement of the results by the administrative authority

competent

If there is a dispute, the decision of the Constitutional Court is made within a period

maximum 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

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mandate of the incumbent President.

The latter may not shorten his mandate in any way to request one

other.

If the President of the Republic in office is a candidate, he cannot, from

the official announcement of his candidacy, and this, until the election, exercise his power of

legislate by ordinances. If necessary, Parliament is convened in session

extraordinary.

In the event of the death or permanent incapacity of the President of the Republic in office

not re-elected, intervening before the expiry of the latter's mandate, the President proclaimed elected

immediately take the oath. If the decision to proclaim the results by the Court

Constitutional has not intervened, the interim is ensured in accordance with article 56 above.

below.

The death or permanent incapacity of the elected or re-elected President, occurring during the period

which separates the proclamation of the results from the expiration of the President's mandate in

exercise, results in the resumption of all electoral operations under the conditions

and deadlines provided for in Article 52 above.

In this case, once the vacancy has been noted, the functions of President of the Republic

are insured in accordance with the provisions of Article 56 below.

During the period between the proclamation of the results of the presidential election of

At the beginning of a new presidential term, the revision of the Constitution cannot be

started or completed.

Article 55

Upon taking office, the President of the Republic solemnly swears the

oath below, before the Constitutional Court, in the presence of the offices of

Houses of Parliament and the Chief Justices of the High Courts, with their left hand placed on the

Constitution, right hand raised in front of the National Flag:

"I swear before God, our ancestors and the Gabonese people to devote all my strength

to his well-being and to preserve him from all harm, to respect and faithfully defend

the Constitution and the rule of law, to preserve democratic achievements, independence

of the homeland, the integrity of the national territory, to conscientiously fulfill the duties

of my charge and to be fair to all. May God help me."

Upon taking office and at the end of his term, the President of the Republic is

required to produce a declaration of his assets before 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 exercises provisionally

the functions of President of the Republic, excluding the powers provided for by the

Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181 of this Constitution.

15

The temporary impediment may not exceed one hundred and twenty days. After this period,

the impediment becomes permanent.

In the event of a vacancy in the office of the President of the Republic for any reason whatsoever or

of permanent incapacity of its holder, noted by the Constitutional Court seized

either by the Bureau of the National Assembly ruling by a two-thirds majority

(2/3) of its members, either at the initiative of the Vice-President of the Government after

convening of the Council of Ministers deciding by a simple majority of its members, the

functions of 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, are provisionally exercised by the President of the

Senate, and, if the latter is in turn prevented from doing so, by the First Vice-President of the Senate. In

In any case, neither can be a candidate in the presidential election.

Before taking office, the interim President of the Senate takes the oath in

the conditions provided for in Article 55 above.

In the event of a vacation or when the impediment is declared definitive by the Court

Constitutional, the vote for the election of the new President takes place, except in cases of force

major noted by the Constitutional Court, at least thirty days and one hundred and twenty days

at the latest after the opening of the vacancy or the declaration of the definitive nature of

the impediment.

The terms of application of this article are set by an organic law.

Article 57

The functions of President of the Republic are incompatible with the exercise of any

other public function and 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 and 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 according to 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 with regard to the Head of State”.

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Article 61

The Vice-President of the Republic replaces the President of the Republic in the

functions that the latter delegates to him.

The terms of application of this article are set by an organic law.

Article 62

The President of the Republic may, at any time, terminate the functions of the Vice-

President of the Republic.

In any case, the functions of Vice-President of the Republic cease at the end of the

proclamation of the presidential election by the Constitutional Court and in the event of

vacancy of the Presidency of the Republic, for whatever reason or

of permanent impediment of the President of the Republic duly noted by the Court

constitutional.

Article 63

The President of the Republic promulgates laws definitively adopted within twenty-

five days following their transmission. This period may be reduced to ten days in the event of

emergency declared by the National Assembly or the Senate.

The President of the Republic may, during the period of promulgation, request the

Parliament a new deliberation of the law or of certain of its articles. This new

deliberation cannot be refused. The text thus submitted to a second deliberation must

be adopted by a majority of two-thirds (2/3) of its members, either in its initial form,

either after modification.

If the text is adopted in its initial form, the President of the Republic will refer the matter to the Court

constitutional which decides within fifteen days. The draft or proposal of

law is taken up in accordance with the indications 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 in

the deadlines set above.

In the absence of promulgation of the law by the President of the Republic under the conditions

and deadlines above, he must refer the text to the Constitutional Court.

In the event of rejection of the appeal by the Constitutional Court, the President of the Republic

promulgate the law within ten days of notification of the Court's decision.

Article 64

The President of the Republic ensures the execution of laws and court decisions.

It has regulatory power.

He signs the orders, decrees and all regulatory acts necessary for

the accomplishment of its missions and the organization of its services.

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NATIONAL CONSTITUTIONAL COMMITTEE DRAFT CONSTITUTION OF THE CABONAISE REPUBLIC

Article 65

The President of the Republic, on his own initiative or on the proposal of the Assembly

National or Senate decision taken by absolute majority may, during the session,

submit to referendum any draft law implementing the principles contained in

this Constitution.

When the referendum concluded with the adoption of the bill, the President of the Republic

promulgates it in accordance with Article 63 above.

Article 66

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.

Before taking office, the commanders-in-chief of the defence forces and

security, Ambassadors and Extraordinary Envoys take an oath before

the President of the Republic under the conditions defined by law.

Article 67

The President of the Republic is the Supreme Commander of the defense and security forces.

In this capacity, defence and security issues fall under his direct authority.

The President of the Republic chairs the High Council for National Defense and

public safety and defense and security committees.

He is replaced, where appropriate, by the Ministers responsible for Defense and Security,

on express authorization and for a specific agenda.

The Ministers responsible for Defence and Security ensure the management of the committees of

defense and security according to their area of ​​expertise.

A law shall establish the terms of application of this article.

Article 68

The President of the Republic accredits Ambassadors and Extraordinary Envoys

with foreign powers and international organizations.

Foreign Ambassadors and Extraordinary Envoys are accredited to him.

Article 69

The President of the Republic has the right to pardon.

Article 70

The President of the Republic communicates with each House of Parliament by

messages that 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.

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Out of session, each of the Chambers is convened specially for this purpose.

On the last Tuesday of February, the President of the Republic addresses Parliament

gathered in Congress on the state of the nation.

Article 71

The President of the Republic may, when circumstances so require, after consultation

of the Council of Ministers and the offices of the National Assembly and the Senate, proclaim

by decree the state of emergency or the state of siege, which gives him special powers, in

the conditions determined by law.

Article 72

The President of the Republic may, after consultation with the Presidents of the two (02)

chambers and the President of the Constitutional Court, pronounce the dissolution of

the National Assembly.

No dissolution may be pronounced within the first twelve (12) months of the

legislature or when an impeachment 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.

No new dissolution may be carried out within one year following these elections.

Article 73

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 threatened by a

serious and immediate manner and that the regular functioning of public authorities

constitutional 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 assure public authorities

constitutional, as soon as possible, the means to accomplish their mission.

During the exercise of exceptional powers, no institution of the Republic may

be dissolved or suspended.

The Constitutional Court is consulted on them.

After thirty days of exercising exceptional powers, the Constitutional Court is

seized by the President of the National Assembly or the President of the Senate, for the purposes

to examine whether the conditions set out in the first paragraph remain met. It

pronounces within eight days by public notice.

The revision of the Constitution cannot be initiated or completed during the exercise of the

exceptional powers.

Parliament meets as of right.

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CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Article 74

Acts of the President of the Republic other than those referred to in Articles 63, 65, 69, 160,

and 181, are countersigned by the members of the Government responsible for their execution.

Article 75

The law establishes the benefits granted to the President of the Republic and former Presidents

of the Republic enjoying their civil rights.

CHAPTER II: GOVERNMENT

Article 76

The President of the Republic is the Head of Government; he appoints its members and

determines their attributions by decree.

The President of the Republic may delegate his powers to members of the Government,

excluding those referred to in Articles 66, 67, 68, 69, 70, 71, 72, 73, 148, 160 and 181 of the

present Constitution

The members of the Government are responsible to him.

He terminates their functions by decree.

Article 77

Only Gabonese citizens of both sexes, born in

father or mother born in Gabon, aged at least thirty years and enjoying their

civil and political rights.

Article 78

The members of the Government are chosen from within and outside Parliament.

Any parliamentarian appointed to the Government permanently loses this status in favor of

his substitute who completes the mandate.

Article 79

Members of the Government are criminally responsible for crimes and offences committed

in the exercise and on the occasion of the exercise of their functions.

Article 80

Activities incompatible with the functions of member of the Government, their

treatments, their benefits and their compensation are determined by law.

Article 81

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:

After :

"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 Chief

20

of the State, to religiously maintain, even after the cessation of my functions, the

confidentiality of files and information classified as state secrets and of which I would have had

knowledge in the exercise of these.

Article 82

The President of the Republic convenes and chairs the Council of Ministers and decides on its

the agenda.

The Vice-President of the Republic is a member by right.

Article 83

The Vice-President of the Government is a member of the Government.

He directs the work of the Interministerial Council.

Article 84

The President of the Republic may, when circumstances so require, after consultation

of the Council of Ministers and the Presidents of the Chambers of Parliament, proclaimed by

decree the state of warning and the state of alert, under the conditions determined by law.

Extension of the state of warning or state of alert beyond twenty-one days

is authorized by Parliament.

Article 85

Draft laws, ordinances and regulatory decrees are deliberated in Council

Ministers, after advisory opinion from the Council of State.

TITLE IV: LEGISLATIVE POWER

CHAPTER I: COMPOSITION OF THE LEGISLATIVE POWER AND OF THE

STATUS OF PARLIAMENTARIANS

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Article 86

The legislative power is represented by a Parliament composed of two (2) chambers:

the National Assembly and the Senate.

The members of the National Assembly bear the title of deputy. They are elected by suffrage

universal direct for a period of five (5) years, renewable.

The members of the Senate bear the title of senator. They are designated by election at

indirect universal suffrage.

The term of office of senators is five years, renewable. The Senate ensures the

representation of local authorities.

Gabonese people living outside the national territory are represented in the National Assembly.

The number and methods of designation of parliamentarians representing the Gabonese people

established outside the national territory are fixed by law.

The chambers of Parliament are completely renewed for at least one month and six (6)

months at the most before the expiry of the current legislature. This renewal takes place on

same year.

The term of office of deputies and senators begins on the day of the election of the members of the

Offices of both Houses of Parliament and ends on the expiration of the fifth (5th)

year following these elections.

No division of electoral districts may be carried out during the year

in progress or preceding the normal renewal deadline for each of the rooms.

The seats of the Houses of Parliament are inviolable.

Article 87

No member of Parliament may be harassed, prosecuted, searched, arrested or detained

or judged on the occasion of the opinions 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 conviction

definitive, be prosecuted, investigated or arrested in criminal, correctional or other matters

simple police only after the lifting of parliamentary immunity.

Parliamentary immunity is lifted following a public vote and by majority vote.

two-thirds (2/3) of the members making up the chamber concerned.

Members of Parliament are protected against threats, violence and attacks from

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 mandate, except in the event of the lifting of parliamentary immunity.

Article 88

An organic law fixes, 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

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Article 89

Parliament votes on laws, approves taxes, monitors the actions of the executive branch and evaluates

public policies under the conditions provided for by this Constitution.

Article 90

The means of information, control and evaluation of the Parliament on the action of the

executive power are as follows:

- The arrests;

- Written and oral questions;

- Current issues;

- The investigation, control and evaluation commissions.

Article 91

The Vice-President of the Government and the Ministers respond to the questions before

the relevant House of Parliament:

In this circumstance, the relevant Chamber may take a resolution to make

recommendations to the President of the Republic.

Article 92

At least one session per month is reserved for questions from parliamentarians and

responses from the executive branch.

However, a session devoted to the examination of current issues may be organized

whenever needed.

Current issues may be the subject of interpellations by the executive branch, even

during extraordinary sessions of Parliament.

The executive branch is required to provide Parliament with all the information that

are asked about his management and activities.

Article 93

An organic law determines the conditions under which the written question may be

transformed into an oral question with debates, and the conditions of organization and operation

commissions of inquiry, control and evaluation.

CHAPTER III: ORGANIZATION AND OPERATION OF THE

PA RLEMENT

23

Article 94

Each House of Parliament shall meet as of right on the first working day following the

fifteenth day after his election. His agenda then includes exclusively

the election of its President and its Bureau.

The presidents and other members of the offices of the National Assembly and the Senate

are elected by their peers for the duration of the legislature, by secret ballot, in accordance with

to the provisions of the regulations of the relevant Chamber.

At any time after they take office, the relevant Chamber may revoke the

President and other members of the office of their mandate following a vote of no confidence,

by absolute majority.

Article 95

Parliament meets by right in one session per year. The parliamentary session

opens on the first working day of October and ends, at the latest, on the last

working day of the month of July.

Article 96

Parliament meets automatically during the state of siege and in cases

provided for in Article 73 above.

Article 97

The Houses of Parliament meet in extraordinary session, upon convocation by

their presidents, for a specific agenda, at the request of either the President of the

Republic, or by the absolute majority of their members.

Extraordinary sessions are opened and closed by decree of the President of the

Republic.

They cannot exceed a period of fifteen days.

Article 98

The sessions of Parliament are public. A full report of the debates is published

in the Journal of Debates.

Each of the two Chambers may, under the control of its Bureau, have the following disseminated by the

public media a retransmission of the debates, respecting pluralism and

in accordance with the provisions of its Regulations.

Each of the two Chambers may accommodate a foreign Head of State or Government.

or the Head of an international institution.

Each House 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 99

The closing of ordinary or extraordinary sessions is automatically delayed to allow,

where applicable, the application of the provisions of Articles 71, 72, 108 and 109 of this

constitution.

Article 100

Each parliamentarian is the representative of the entire Nation.

Any imperative mandate is null.

Any parliamentarian excluded from his political party during his term of office will finish it off.

The right to vote of members of Parliament is free and personal.

The rules of each Chamber exceptionally authorize the delegation of votes.

No one may receive delegation of more than one mandate.

Article 101

Each House of Parliament votes on its own regulations, which can only come into force after

have been recognized as conforming to the Constitution by the Constitutional Court. Any

any subsequent modification is also subject to the latter.

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Article 102

Each House of Parliament enjoys administrative and financial autonomy.

Article 103

The parliamentary opposition has rights guaranteeing it adequate representation

and effective in all instances of Parliament.

TITLE V: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE

LEGISLATIVE POWER

CHAPTER I: SCOPE OF LAW AND REGULATIONS

Article 104

Except in 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

goods, for public utility and national defense in particular;

- The nationality, status and capacity of persons, matrimonial regimes,

inheritances and gifts, the status of foreigners and immigration;

- The procedure by which traditions, rites, customs and practices are established,

codified and brought into harmony with the fundamental principles of the Constitution;

- The organization of civil status;

- Audiovisual, cinematographic and written communication;

- The conditions for the use of IT so that honour is safeguarded,

the personal and family privacy of citizens, as well as the proper exercise of their

rights;

- The compulsory military service system;

- The personal data protection regime;

- 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 and Public Offices, the professions of Officers

Ministerial;

- The determination of crimes and offences as well as 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,

trade unions, parties and political formations;

- The status of opposition;

- The regime of worship;

- The basis, rate and methods of collection of taxes of all kinds,

25

the currency issuing system;

- The general status of the civil service and the specific statuses;

- 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 in the sector

public to private sector;

- The public service concession system;

- The transport, telecommunications and technology regime

information and communication;

- The general administrative and financial organization;

- The creation, operation and free administration of local authorities,

their skills, resources and tax bases;

- The conditions for State participation in the capital of all companies and control by

this one 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, artistic, cultural and archaeological heritage;

- The conditions for the promotion and development of local languages;

- The regime of conservation, exploitation and distribution of natural resources

from the ground and the subsoil;

- Protection of nature, the environment and the fight against climate change

climate;

- The biodiversity conservation and protection regime;

- The system of property, real rights and civil and commercial obligations;

- State loans and financial commitments;

- Economic and social action programs;

- The conditions under which finance laws and regulations are presented and voted on

the nation's accounts;

- The finance laws determining the resources and charges of the State in the

conditions provided for by an organic law;

- The program laws setting the State's objectives in economic and social matters,

cultural and national defense;

- The design and evaluation of public policies;

- The creation and abolition of autonomous public establishments and services.

The law also determines the fundamental principles:

- Teaching;

- Health;

- Social security:

Labor law;

Trade union rights including the conditions for exercising the right to strike;

Mutuality and savings;

- On the general organization of national defense and public security.

The administrative organization of the territory of the Republic is established by an organic law.

26

CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

The provisions of this article may be clarified or supplemented by law.

organic.

Article 105

Organic laws are those which aim to clarify or supplement the

provisions relating to the organization or operation of Institutions, structures and

systems provided for or qualified as such by the Constitution.

They are voted on and modified under the following conditions:

- the draft or proposed organic law is not submitted for deliberation and voting

of the first chamber seized only after the expiry of a period of fifteen days after its

deposit;

- the procedure of Articles 113 and 118 is applicable;

- 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 its

members in office.

However, in the absence of agreement between the two chambers, the text cannot be adopted by

the National Assembly in the final reading only by a two-thirds majority of its members in

function ;

Organic laws, before their promulgation, are referred to the Constitutional Court

by the President of the Republic.

Article 106

All resources and all charges of the State must, for each financial year

budgetary, be assessed and included in the annual draft finance law submitted by the

President of the Republic to the National Assembly no later than fifteen days after

the opening of the ordinary session.

If the finance bill is not submitted after this deadline, the National Assembly

calls on the President of the Republic to respect the requirements

constitutional. He has a period of fifteen days to submit the draft law of

finances.

After the submission of the finance bill, if the National Assembly has not

pronounced in first reading within thirty days, the President of the Republic

seizes the Senate which decides within fifteen days.

It is then examined under the conditions provided for in Article 118 below.

If by the thirty-first of December of the current year, Parliament has not voted on the budget in

balance, it temporarily renews the previous budget.

Within fifteen days, the President of the Republic shall request Parliament to

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 law for the year to the President of

27

the Republic. This is definitively established by special order.

The new revenues that can be created, if they are direct taxes and

contributions or similar taxes, are collected from the first

January.

Article 107

The Court of Auditors assists Parliament and the President of the Republic in the control

of the execution of the finance law.

The draft settlement law established by the President of the Republic, accompanied by the

report on the implementation of the finance law and the report on the certification of the account

General State produced by the Court of Auditors, must be submitted to Parliament, at the latest

late, at the beginning of the ordinary session of the first year following the financial year of execution

of the relevant budget.

Article 108

The declaration of war by the President of the Republic is authorized by Parliament.

In the event of disagreement between the two Chambers, the decision is taken by the Assembly.

national by absolute majority.

The President of the Republic informs Parliament of his decision to involve the

armed forces abroad, no later than three days after the start of the intervention. It specifies

the objectives pursued. This information may give rise to a debate which is not followed

of no vote.

When the duration of the intervention exceeds six months, the President of the Republic submits

its extension with the authorization of Parliament.

In the event of disagreement between the two Houses of Parliament, the National Assembly decides

as a last resort.

If Parliament is not in session at the end of the six-month period, it shall decide

of an extraordinary session convened for this purpose by the President of the Republic.

The credits required to support these operations are subject to approval

of Parliament.

Article 109

The extension of the state of emergency or 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 Assembly.

national by absolute majority.

Article 110

Matters other than those falling within the scope of the law have a regulatory character.

They are the subject of decrees of the President of the Republic.

28

These matters may, for the application of these decrees, be the subject of orders by the

Responsible ministers or other administrative authorities empowered to do so.

Article 111

The President of the Republic may, in case of emergency, for the execution of his program,

ask Parliament for authorization to make an order during

the parliamentary intersession, measures which are normally within the domain of the law.

The orders are taken after advisory opinion from 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.

CHAPTER II: LEGISLATIVE PROCEDURE

Article 112

The initiative of laws belongs concurrently to the President of the Republic and to the

Parliament.

Article 113

Bills and proposed laws are tabled in one of the two Chambers

of Parliament, after advisory opinion from the Council of State.

By delegation of the President of the Republic, the Vice-President of the Government or any

another member of the Government is responsible for explaining the reasons and supporting the

discussion before the Houses of Parliament.

The draft or proposal of an organic law is not subject to deliberation and voting

of Parliament only after the expiry of a period of fifteen days after its submission.

The draft finance laws and draft constitutional revisions are submitted in

first place in the National Assembly. Bills relating to local authorities

are presented first before the Senate.

Any bill transmitted to the President of the Republic by Parliament which has not

not been examined within sixty days is automatically put into

deliberation within Parliament.

Article 114

Members of Parliament have the right to amend.

Any parliamentary amendment resulting in either a reduction in

revenue, either the creation or aggravation of a public charge, must necessarily

restore the budget balance.

29

NATIONAL CONSTITUTIONAL COMMITTEE | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Amendments must not be unrelated to the text to which they refer.

report.

Article 115

If it appears during the legislative procedure that a text or an amendment is not

not within the scope of the law, within the meaning of Article 104 above, or exceeds the limits of

the legislative authorization granted to the President of the Republic under Article 111,

The President of the Republic may raise the inadmissibility, as well as the President of the

Chamber concerned, at the request of one fifth of its members.

In the event of disagreement, the Constitutional Court shall be notified. The latter shall rule within the period of

eight days.

Article 116

The agenda of the Parliament includes the discussion of draft laws tabled by the

President of the Republic and proposed laws.

The President of the Republic is informed of the agenda of the work of the Chambers and

of their commissions.

The President of the Republic or, by delegation, the members of the Government,

have the right of access and speech in the Houses of Parliament and their

commissions. They are heard at the initiative of parliamentary bodies or at their

request.

Article 117

The urgency of voting on a law may be requested either by the President of the Republic,

either by the members of Parliament by an absolute majority.

Regarding the urgency of organic laws, the period of fifteen days is reduced to eight

days .

Article 118

Any draft or proposed law is examined successively in the two Chambers of

Parliament with a view to adopting an identical text.

When, as a result of a disagreement between the two Chambers, a bill or proposal

law could not be adopted after a single reading by each of the chambers, the Presidents

The Senate and the National Assembly call for a meeting of a joint committee of

two chambers, responsible for proposing a text on the provisions remaining under discussion.

If the joint committee adopts a joint text, it does not become that of Parliament.

that if it is adopted separately by each of the chambers.

If the joint committee fails to adopt a joint text, the Assembly

National decides definitively.

The procedure relating to the budget is identical to that of ordinary law, subject to the

special provisions referred to in Article 106 above.

30

Article 119

Draft laws and bills are sent to the committees for examination.

competent authorities of each Chamber of Parliament before deliberation in plenary session.

After the opening of public debates, no amendment may be examined unless it has been

previously submitted to the competent committee.

TITLE VI: JUDICIAL POWER

CHAPTER I: GENERAL PRINCIPLES OF JUSTICE

SECTION I: PRINCIPLES OF EXERCISE OF JUDICIAL POWER

Article 120

Justice is rendered in the name of the Gabonese people by the Constitutional Court, the

jurisdictions of the judicial order, jurisdictions of the administrative order, jurisdictions

of the financial order, the High Court of Justice and other exceptional jurisdictions.

Article 121

The judiciary is independent of the executive and legislative branches, in the

compliance 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.

An organic law establishes the status of magistrates.

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 122

Alternative and traditional dispute resolution methods are permitted in the

conditions determined by law.

SECTION II: PRINCIPLES OF ORGANIZATION OF JUSTICE

Article 123

The judiciary includes the judicial, administrative and financial branches.

The judicial system includes the Court of Cassation, the Courts of Appeal and the

courts.

The administrative order includes the Council of State, the Administrative Courts of Appeal and the

administrative courts.

The financial order includes the Court of Auditors and the provincial audit chambers.

An organic law establishes the organization of Justice.

31

Article 124

The High Council of the Judiciary ensures the proper administration of justice.

Article 125

The jurisdictional orders enjoy financial autonomy under the conditions set

by law. The credits necessary for their operation are included in the law of

finances.

CHAPTER II: HIGH COURTS

SECTION I: OF THE COURT OF CASSATION

Article 126

The Court of Cassation is the highest court of the State in civil, commercial,

social, criminal and petitions. It is divided into civil, commercial,

social, criminal and requests.

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

the 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 and all authorities.

administrative and to all natural and legal persons.

Article 127

An organic law establishes the organization, composition, skills and

functioning of the Court of Cassation as well as the Courts of Appeal and the tribunals

judicial matters in civil, commercial, social, criminal and petitions.

SECTION II: OF THE COUNCIL OF STATE

3 2

Article 128

The Council of State is the highest court of the State in administrative matters.

The Council of State hears, in first and last instance or in last resort, all

matters for which the law expressly grants it competence, in particular:

- Appeals for abuse of power brought against unilateral administrative acts

individual or regulatory administrative authorities with national jurisdiction

or those whose scope extends beyond the jurisdiction of a Court of Appeal

Administrative;

- Appeals for annulment directed against administrative decisions and

disciplinary measures taken by collegiate bodies with national jurisdiction and the

professional orders, unless otherwise provided for in the texts in force;

- Liability actions brought against the State and its public establishments;

- Appeals in matters of election other than political elections and operations

of referendum;

- In cassation, appeals lodged against the decisions of the Courts of Appeal and

other matters for which the law grants it this competence.

Article 129

In addition to its jurisdictional powers, the Council of State proclaims the results of

local elections and is consulted under the conditions set by the organic law referred to in

Article 131 below, and other laws.

When referred to by the President of the Republic on draft legislative texts or

regulatory, the Council of State issues opinions.

When referred to by the President of one of the chambers of Parliament on a proposal

of law, the Council of State issues opinions.

Article 130

The decisions of the Council of State are vested with the absolute authority of res judicata. They

are binding on lower courts, public authorities and all authorities

administrative and to all natural and legal persons.

Article 131

An organic law establishes the organization, composition, skills and 33

functioning of the Council of State, the Courts of Appeal and the administrative tribunals.

SECTION III: OF THE COURT OF AUDITORS

Article 132

The Court of Auditors is the highest court of the State in matters of control of

public finances. It is the supreme institution for the control of public finances.

For this purpose:

- It checks the regularity of the income and expenditure described in the accounts

public and ensures, from the latter, the proper use of credits, funds and

values ​​managed by State services or by other legal entities

audience;

- It ensures the verification of accounts and the management of public companies and

organizations with public financial participation;

- It ensures the verification of the accounts and management of any organization benefiting

financial support from public bodies;

- It judges the authorising officers and public accountants;

- It declares and settles de facto management;

- It punishes management errors committed against the State and local authorities

local authorities and bodies subject to its control;

- It judges the accounts of the electoral campaigns, under the conditions set by the

law :

- In cassation, appeals lodged against the decisions of the provincial chambers

accounts.

Article 133

In addition to its jurisdictional missions, the Court of Auditors assists the executive branch and the

Parliament.

To this end, it proceeds in particular:

- to monitor the implementation of finance laws and inform Parliament and the

President of the Republic;

- to the certification, regularity, sincerity and fidelity of the State accounts;

- to the evaluation of public policies and audits.

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 and all authorities

administrative and to all natural and legal persons.

Article 135

An organic law establishes the organization, composition, competence and operation

of the Court of Auditors and the provincial Chambers of Auditors.

CHAPTER III: OF THE HIGH COURT OF JUSTICE, OF THE COURT OF

JUSTICE OF THE REPUBLIC AND OTHER JURISDICTIONS

EXCEPTIONAL

SECTION I: OF THE HIGH COURT OF JUSTICE

34

Article 136

The High Court of Justice is a non-permanent exceptional jurisdiction.

The High Court of Justice judges the President of the Republic in case of violation of the oath

or high treason.

There is high treason when the President of the Republic is recognized as the author of a transfer

of all or part of the national territory, of intelligence with foreign powers, of

forgery and use of forgery in matters of nationality and attempted modification of

intangible principles of the Constitution.

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, ruling

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 Assembly

National convene the meeting of a joint committee of the two chambers,

responsible for proposing a common position.

If the disagreement persists, the National Assembly will make a final decision.

NATIONAL CONSTITUTIONAL COMMITTEE | ELAREPHBLICLLEGABONAI SE CONSTITUTION PROJECT

The High Court of Justice is seized, depending on the case, either by the Presidents of the two

Houses of Parliament, or by the President of the National Assembly.

Article 138

The High Court of Justice is composed of thirteen members including seven magistrates.

professionals representing the three orders of jurisdiction designated by the Higher Council

of the judiciary and six parliamentarians elected by Parliament from among its members, at the rate of

four for the National Assembly and two for the Senate, in proportion to the number of members

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 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 when

the facts were committed.

Article 140

Upon termination of his functions, the President of the Republic is subject to the jurisdictions

common law for acts committed before taking up office or outside of it.

here.

Article 141

The operating rules of the High Court of Justice, the determination of

offences, the procedure and the penalties applicable before it are fixed by a law

organic.

35

SECTION II: OF THE COURT OF JUSTICE OF THE REPUBLIC

Article 142

The Court of Justice of the Republic is a non-permanent exceptional jurisdiction.

It judges the Vice-President of the Republic, the Presidents and Vice-Presidents of

constitutional institutions, members of the Government, heads of the High Courts

and members of the Constitutional Court for acts committed in the exercise or

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

violation of their oath.

Upon termination of their functions, the personalities cited in the above paragraph lose the

privilege of jurisdiction of the Court of Justice of the Republic and are responsible for the acts

committed in the exercise of their functions or in the course of these functions before the courts

common law.

However, if the termination of service occurs while a procedure involving one of the

personalities cited above is already open before the Court of Justice of the Republic,

The latter remains seized until a final decision is made on the case.

Article 143

The Court of Justice of the Republic comprises thirteen (13) judges, including seven (7) magistrates

professionals representing the three orders of jurisdiction designated by the Higher Council

of the Judiciary, and six (6) members elected by Parliament from within it, at a rate of three

(3) by the National Assembly and three (3) by the Senate, in proportion to the size of the groups

parliamentarians.

The President and Vice-President of the Court of Justice of the Republic are elected from among the

professional magistrates referred to in the above paragraph by all 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 of any

person injured by a crime or offence committed in the exercise of his functions by one

personalities cited in article 142 above.

Article 144

The Court of Justice of the Republic is bound by the definition of crimes and offences as well as

by determining the penalties as they result from the law at the time of the facts.

Article 145

The operating rules of the Court of Justice of the Republic as well as the procedure

applicable before it are fixed by an organic law.

SECTION III: OTHER EXCEPTIONAL JURISDICTIONS

36

Article 146

The other exceptional jurisdictions are also non-permanent bodies, created

by law.

CHAPTER IV: OF THE HIGH COUNCIL OF THE MAGISTRATURE

Article 147

The High Council of the Judiciary ensures the proper administration of justice and

rules on this fact on the appointments, assignments, promotions and discipline of

magistrates.

Article 148

The High Council of the Judiciary is chaired by the President of the Republic.

The President of the High Council of the Judiciary is assisted by the Minister responsible for

Justice.

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 the Budget attends the High Council of the Judiciary with voice

advisory.

Article 149

The composition, powers, organization and functioning of the Council

Superior of the Judiciary are fixed by an organic law.

TITLE VII: OF THE CONSTITUTIONAL COURT

CHAPTER I: SKILLS

Article 150

The Constitutional Court is the jurisdiction of the State in constitutional matters. It is

impartial and independent of the executive and legislative powers, in compliance with the

provisions of this Constitution.

She is the judge of the constitutionality of laws and the regularity of presidential elections,

legislative and referendum. It guarantees the fundamental rights of the human person and the

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 151

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 authorisation law;

Draft or proposed revisions to the Constitution before their adoption by

referendum or by Parliament, as to the regularity of the procedure and the object of

the revision;

- The constitutionality of organic laws before their promulgation;

- The regulations of the National Assembly, the Senate and the Economic and Social Council

and Environmental, before their implementation, as to their compliance with the

Constitution;

- The regulation of the congress of the 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 the jurisdictional orders;

- The regularity of presidential and parliamentary elections and of the operations of

referendum of which it proclaims the results;

- The forfeiture of the mandate of deputies and senators.

37

Article 152

The Constitutional Court may rule on:

- The constitutionality of laws before their promulgation and of ordinances after their

- The constitutionality of laws promulgated within a maximum period of thirty days

after their publication;

- The constitutionality of jurisdictional decisions deemed to undermine the

fundamental human rights and public freedoms.

When the Constitutional Court admits the unconstitutionality of a law, Parliament

remedy the legal situation resulting from the Court's decision within one month.

Article 153

Apart from the other powers provided for in this Constitution, the Court

Constitutional Court has the power to interpret the Constitution and other texts

constitutional value, in case of doubt or gap.

CHAPTER II: REFERENCE AND AUTHORITY OF DECISIONS

Article 154

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 in the

conditions provided for by the rules of procedure before the Constitutional Court.

Article 155

Organic laws and ordinances relating to the area covered by the organic law

are submitted by the President of the Republic to the Constitutional Court before their

promulgation or publication thereof.

Other categories of law and orders may be referred to the Court

Constitutional, either by the President of the Republic or by the Presidents of the

Houses of Parliament or one tenth (1/10th) of the members of each House, or

by the Presidents of the Court of Cassation, the Council of State and the Court of Auditors,

either by any citizen or any legal person harmed by the disputed law or order.

It rules ex officio on the constitutionality of laws and ordinances deemed

infringe on fundamental human rights and public freedoms.

It more generally rules on violations of human rights and its

decision must be made within a maximum of eight days.

The Constitutional Court rules, according to an adversarial procedure, the terms of which

are fixed by the organic law, within one month. However, at the request of the

President of the Republic and in case of emergency, this period is reduced to eight days.

The appeal suspends the period for promulgation of the law or the application of the order.

38

quarreled.

A provision declared unconstitutional may not be promulgated, published or

applied.

Article 156

Any litigant may, during a trial before an ordinary court, raise a

exception of unconstitutionality against a law or an ordinance which disregards

his 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 month. If it declares the law or

the incriminated order contrary to the Constitution, this law or this order ceases

to produce its effects from the decision.

Parliament will examine, during the next session, as part of a procedure

of referral, the consequences arising from the decision of non-compliance with the Constitution

rendered 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 one (1) month.

Article 157

The international commitments provided for in Articles 181 and 182 below must be

referred, before their ratification, to the Constitutional Court, either by the President of the

Republic, either by the President of the National Assembly or one tenth (1/10°) of the

deputies, either 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 an emergency, this period is reduced to eight (8) days.

If so, these commitments can only be ratified under the conditions

fixed in Article 181 below.

Article 158

In matters of interpretation of the Constitution and other texts of value

constitutional, the Constitutional Court is seized by the President of the Republic, the

President of the National Assembly, President of the Senate, one tenth (1/10) of the deputies

or senators.

Article 159

The decisions of the Constitutional Court are not subject to any appeal. They

are binding on public authorities, on all administrative and jurisdictional authorities

and to all natural and legal persons.

39

H

CHAPTER II: COMPOSITION AND STATUS OF MEMBERS

Article 160

The Constitutional Court consists of nine 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 terms.

The nine (9) appointed 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;

One (1) by the President of the Senate;

Three (3) by the High Council of the Judiciary chosen from among the magistrates of

non-hierarchical grade representing the three levels of jurisdiction.

Constitutional Judges are chosen, primarily, from among Magistrates of a higher rank

hierarchy, Lawyers and Law Teachers-Researchers aged fifty (50) years

at least and having at least fifteen (15) years of experience, as well as the personalities

qualified who have honored service to the Nation or recognized for their competence and their

proven expertise in legal or administrative matters.

The President of the Constitutional Court is elected by his peers for the duration of the mandate

among the magistrates who are members of the Court.

In the event of temporary incapacity, the interim President is ensured by the senior judge.

Constitutional,

In the event of the death or resignation of a member, the new member appointed by the authority

of the appointment concerned completes the term of office begun.

Former Presidents of the Republic are ex officio members of the Court.

Constitutional, unless expressly waived or otherwise advised by the Court

Constitutional.

Constitutional Judges are subject, in the exercise of their function, only to the authority

of the law.

Article 161

The functions of a member of the Constitutional Court are incompatible with any other

public service 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 tried on the occasion of opinions or votes expressed by him in the exercise of

his functions and even after their termination.

40

CONSTITUTIONAL COMMITTEE, NATIONAL | DRAFT CONSTITUTION OF THE GABONESE REPUBLIC

Any measure of prosecution, arrest or detention of a member of the Court

Constitutional can only intervene after the Court's favourable opinion ruling on the

majority of four-fifths (4/5) of the other members, except in the case of a crime or offence

flagrant or definitive condemnation.

The members of the Constitutional Court are protected against threats, insults,

violence and attacks of any nature whatsoever to which they may be subjected in

the exercise or on the occasion of the exercise of their functions.

Members of the Constitutional Court take the oath during a ceremony

solemn presided over by the President of the Republic before 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 right hand

naked raised before the national flag:

"I swear to conscientiously fulfill the duties of my office in strict compliance

of his obligations of neutrality and reserve, and to conduct myself, in everything, with dignity,

impartial and loyal Constitutional Judge.

Article 162

The Constitutional Court sends an activity report to the President of the Court each year.

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 on legislative and regimental matters and make any suggestions that it deems useful

to the consolidation of the rule of law.

CHAPTER III: FINANCIAL MANAGEMENT AUTONOMY

Article 163

The Constitutional Court enjoys autonomy in financial management. The appropriations

necessary for its operation are included in the finance law.

Article 164

The rules of organization and operation of the Constitutional Court, as well as the

procedure followed before it, are determined by an organic law.

TITLE VIII: ECONOMIC, SOCIAL AND

ENVIRONMENTAL

41

Article 165

The Economic, Social and Environmental Council, subject to the provisions of Articles

51, paragraphs 3 and 4, and 112 above gives its opinion on all development issues

economic, social, cultural and environmental, 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 163

The Economic, Social and Environmental Council participates in all committees of interest

national economic, social, cultural, religious, environmental

and of

sustainable development.

It collects and writes, with the participation of the different entities that compose it,

the attention of the President of the Republic and Parliament, the annual collection of expectations,

needs of populations and problems of civil society with orientations and

proposals.

Article 166

The Economic, Social and Environmental Council is responsible for giving its opinion on the

economic, social, cultural, religious, environmental and other issues

sustainable development, brought to its examination by the President of the Republic, the

Parliament or any other public institution.

He must be consulted on any draft plan or any draft program to

economic, social, cultural, religious, environmental and developmental character

sustainable. It can be, beforehand, associated with their development.

The Economic, Social and Environmental Council is seized by the President of the

Republic of requests for advice or studies on all development issues

economic, social, cultural, religious, environmental and sustainable development.

Article 167

The Economic, Social and Environmental Council may also proceed, desa

own initiative, to the analysis of any problem of economic, social development,

cultural, culinary, environmental and sustainable development. He submits his conclusions

to the President of the Republic and to the Presidents of the Chambers of Parliament.

The President of the Republic and Parliament have the obligation, when they are notified, to

follow up on the opinions and reports formulated by the Economic, Social and

Environmental, within a maximum period of three months for the President of the

Republic and before the end of the current session for Parliament.

Article 168

The Economic, Social and Environmental Council may appoint one of its members,

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 draft or proposed laws

which were submitted to him.

The Economic, Social and Environmental Council must receive from the President

of the Republic an amplification of the laws, ordinances and decrees on which it has been

42

consulted, as soon as they are promulgated. He monitors the execution of the decisions of the President of the

Republic relating to the economic, social, cultural, religious organization,

environmental and sustainable development.

Article 169

The Economic, Social and Environmental Council meets every year as of right

in two (2) ordinary sessions of twenty-one days each. The first session opens

the third Tuesday in February and the second, the first Tuesday in September.

The opening of each session is postponed to the next day if the scheduled day is not a working day.

The Economic, Social and Environmental Council may be convened in session

extraordinary by its President for a period of ten days at most.

The meetings of the Economic, Social and Environmental Council are public.

Article 170

Are members of the Economic, Social and Environmental Council for a five-year term

renewable one (1) time:

- Senior State executives in the economic, social, cultural and

environmental appointed by decree of the President of the Republic;

- Representatives of local authorities appointed by their peers;

- Representatives of independent trade unions, trade union confederations,

associations, socio-professional groups and organizations

governmental, the most representative, elected by their original groups, after

clearance from the competent authorities and representatives of religious denominations;

- Representatives of Gabonese people living abroad designated by their peers;

- Representatives of indigenous populations designated by their peers.

In the event of death, resignation of a member, or loss of status in his sector

of origin, the new member concerned completes the mandate started

Article 171

The Economic, Social and Environmental Council is headed by an office which includes

a president, two vice-presidents, two quaestors and three secretaries.

The President of the Economic, Social and Environmental Council, the First Quaestor and

The First Secretary of the Office are appointed by decree of the President of the Republic

among the senior State executives appointed to the Economic, Social and

Environmental.

The two Vice-Presidents and the other members of the Bureau are appointed by decree of

President of the Republic on the proposal of the representatives of the independent trade unions,

trade union confederations, associations, socio-professional groups,

non-governmental organizations, the most representative, and faiths

religious.

The members of the Council Bureau are appointed for the entire duration of the mandate.

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No member of the Economic, Social and Environmental Council may be

prosecuted, investigated or tried for opinions expressed by him during Council meetings.

Article 172

The internal organization, the rules of operation and designation of the members of the

Economic, Social and Environmental Council are established by an organic law.

TITLE IX: LOCAL AUTHORITIES

Article 173

The State ensures the governance of local authorities through a policy of decentralization

effective and efficient, guaranteeing equitable, democratic and inclusive local development.

CHAPTER I: COMPOSITION

Article 174

Local authorities are municipalities and departments.

Article 175

Other local authorities are created by law.

They may only be modified or deleted after consulting the Councils concerned and in

the conditions set by law.

CHAPTER II: SKILLS AND OPERATION

Article 176

Local authorities are freely administered by elected Councils under the conditions

provided for by law, in particular with regard to skills and their resources.

In the implementation of decentralization, any transfer of skills 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 skills resulting in an increase in

local government expenditure is accompanied by resources determined by law.

The law provides for equalization mechanisms intended to promote equality between

local authorities.

Article 177

Local authorities are responsible for making decisions for all

skills that can best be implemented at their level.

Article 178

As part of national solidarity, the State provides local authorities with:

a special annual development grant under the conditions set by law

Article 179

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Local consultations, covering specific issues not falling within the scope of the

area of ​​the law, can be organized at the initiative of either elected Councils or

interested citizens, under the conditions set by law.

Article 180

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 ensures the

guardianship control.

An organic law specifies the methods of application of this title.

TITLE X: TREATIES AND INTERNATIONAL AGREEMENTS

CHAPTER I: NEGOTIATION AND RATIFICATION

Article 181

The President of the Republic negotiates, signs international treaties and agreements and

ratifies after the vote of an authorization law by Parliament and the verification of their

constitutionality by the Constitutional Court.

He denounces international treaties and agreements.

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 a

international agreement not subject to ratification.

Article 182

Can only be approved and ratified by law:

- Peace treaties;

- Trade treaties;

- Judicial cooperation treaties;

- Treaties relating to international organization;

- Treaties relating to defense;

- Treaties relating to environmental protection and resource management

natural;

- Treaties relating to regional and sub-regional integration;

- Treaties relating to digital, transport, information technologies

and communication;

- 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

have been regularly ratified and published.

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No transfer, exchange or addition of territory is valid without consultation.

prior approval of the Gabonese people by way of referendum.

Article 183

The Gabonese Republic, concerned with achieving African unity, can conclude

sovereignly any sub-regional or regional integration agreement, in accordance with the

Articles 181 and 182 of this Constitution.

Article 184

If the Constitutional Court, seized by 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

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.

CHAPTER II: AUTHORITY OF TREATIES AND AGREEMENTS

INTERNATIONAL

Article 185

Treaties or agreements duly ratified have, from the moment of their publication, an authority

superior to that of the laws, subject, for each agreement or treaty, to its application

by the other party.

TITLE XI: REVISION OF THE CONSTITUTION

CHAPTER I: THE REVISION PROCEDURE

46

Article 186

The initiative for the revision belongs jointly to the President of the Republic and to the

members of Parliament.

Any proposal for revision must be submitted to the Bureau of the National Assembly by

at least one third of the Deputies or at the Bureau of the Senate by at least one third of the Senators.

Any project or proposal for revision of the Constitution as well as any amendment

relating thereto is subject to the control of 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 and exceptionally by

parliamentary route.

In the first case, the draft or proposal for revision of the Constitution is submitted

to the referendum by the President of the Republic, in accordance with the provisions of

Article 65 above.

In the second case, the draft or the revision proposal must be voted on respectively by

the National Assembly and by the Senate in identical terms before being submitted for

adoption by the Parliament meeting in congress.

The adoption of any project or proposal for revision of the Constitution by way of

Parliamentary requires the presence of at least two thirds of the members of both chambers

gathered together. The Presidency of the Congress is ensured by the President of the National Assembly.

The congress office is that of the National Assembly.

A qualified majority of two-thirds of the votes cast is required for the adoption of the

draft or proposal for revision of the Constitution.

CHAPTER II: LIMITS TO THE POWER OF REVISION

SECTION I: CIRCUMSTANCES

Article 187

The revision of the Constitution cannot be started or completed:

- The twelve 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 72 above, or of an attack on

the integrity of the territory duly established;

- During the period between the proclamation of the election results

presidential election at the start of a presidential term.

SECTION II: INTANGIBILITIES

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Article 188

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 and duration of presidential mandates;

- The method of election by direct universal suffrage of the President of the Republic;

- The definition of marriage as a union between a man and a woman;

- The number and duration of the mandate of the members of the Constitutional Court;

- The provisions of Articles 187 above and 192 below.

Article 189

The articles enshrining principles and intangible matters cannot be the subject

of no modification.

The provisions of this article may not be subject to any revision.

TITLE XII: TRANSITIONAL AND FINAL PROVISIONS

Article 190

Provisions relating to political elections, land title and control

jurisdictional on election campaign accounts are immediately applicable

after the promulgation of this Constitution.

The provisions of the Transition Charter relating to the presidential election remain

applicable concurrently with those of this Constitution until the end of the

Transition.

Article 191

The Transition Charter remains in force throughout the transition period.

Article 192

Members of the Committee for the Transition and Restoration of Institutions (CTRI) and

all actors who participated in the events from August 29, 2023 to the inauguration of

President of the Transition, benefit from immunity. As such, they cannot be

prosecuted or arrested for acts committed during said events.

An amnesty law will be adopted for this purpose.

A law establishes the benefits granted to former members of the CTRI.

Article 193

The provisions of Article 86, paragraph 7 of this Constitution shall not apply.

in the first post-transition legislative and senatorial elections.

Article 194

This Constitution, which shall come into full force at the end of the period of

Transition, will be registered, published in the Official Journal and executed as law of the

Republic.

Done in Libreville,

By

The President of the Transition,

President of the Republic,

Head of State,

Brigadier General

Brice Clotaire OLIGUI NGUEMA

The Prime Minister of the Transition,

Head of Government

Raymond NDONG SIMA

Mrs. Murielle MINKOUE, wife of MNTSA, Minister of Reform

Coordinating Institutions;

Mr. Zacharie MYBOTO, Dignitary of the Republic, Deputy Coordinator 1;

Reverend Béni NGOUA MBINA; Deputy Coordinator 2;

Dr Alexis NANG ONDO, Rapporteur;

Mr. Abdu Razzaq Guy KAMBONGO, Secretary General of the Government -

Deputy Rapporteur 1;

Mr. Gira ONDZAGHA, Magistrate, Deputy Rapporteur 2.

Members:

-Army Corps General Brigitte ONKANOWA, Minister of National Defense;

-Mr. Paul Marie GONDJOUT, Minister of Justice, Keeper of the Seals;

-Ms. Anita MEBIAME married KOUMBI GUIYEDI, Magistrate above the hierarchy;

-Mr. Vincent LEBONDO LE-MALI, Magistrate outside the hierarchy;

-Pr Télesphore ONDO, Lecturer in public law;

-Professor Sylvestre KWAHOU, Lecturer in public law;

-Professor Bruno MVE EBANG, Lecturer in political science;

-Dr Arsel MORO NGUI, Doctor of Political Science;

-Maître Lubin TOUTOUME, Lawyer, former President of the Bar;

-Mr. Hugues BOUROBOU BOUROBOU, Magistrate:

-Dr Andy Gregory LEYINDA BICKOTA, Teacher-Researcher;

-Dr Jean Delors BIYOGHE-BI-NTOUGOU, Researcher;

-Mrs. Diane NKOULOU ONDO, wife of NDONG NGUEMA, Lawyer;

-Mr. Joris NZAMAMBUNDU, Magistrate;

-Mrs. Bertille ANDEME OBIANG, Senior Official.