Gabon is a country located in Central Africa and is bordered with the countries of Cameroon, Equatorial Guinea and the Republic of the Congo, the country also has a coast along the Atlantic Ocean of which off this coast can be found the island nation of Sao Tome and Principe. The country’s capital city Libreville is found on the coast not far from the Equatorial Guinea border.
Gabon’s history is actually quite scarce and unknown prior to European contact. The earliest inhabitants of the area were Pygmy Peoples which were eventually mostly replaced by Bantu tribes who migrated into the area. The first Europeans arrived in the area which were Portuguese traders in the 15th Century and a Kingdom called Orungu was formed and the control of the slave trade by it in the 18th and 19th Centuries had the area become one of the most powerful trading centers.
The Gabon-Congo area was explored by a French Explorer in 1875 and France later occupied the area that is Gabon in 1885 and in 1910 it became part of French Equatorial Africa in the French colonial Empire. During World War II Gabon was invaded by the Allies to remove the pro-Vichy colonial administration. The French allowed Gabon to become an independent country in 1960.
The country would then slide into one-party authoritarian rule which was also upheld by the French when a military coup attempted to restore multi-party democracy, it would not be until the 1990s that the country would eventually establish reforms that re-implemented multi-party democracy, freedom of expression and free media.
The largest religion is Roman Catholic and the official language is French. The country’s currency is the Central African CFA franc which it uses alongside the countries of Cameroon, Central African Republic, Chad, Republic of the Congo and Equatorial Guinea. Gabon’s population is over 2,235,000.
Government Type
Gabon is a Presidential Representative Democratic Republic where the President is Chief of State and Supreme Bearer of the Executive Power which is shared with the Prime Minister. There is a bicameral parliament that makes up the legislative government. Multiple parties are allowed, parties that operate contrary to the law, morality or goodwill of ethnic groups or communities may be prohibited.
The Executive Government
Similar to France, Gabon’s President is quite a bit more influential and has more powers than many other president’s under similar systems, you’ll often see this similar pattern in many of France’s former colonies.
As said the President is Chief of State and alongside the Prime Minister the Supreme Bearer of the Executive Power. It is the job of the President to guarantee the Constitution and its enforcement, the President also assures regular functioning of public power and the continuity of the state.
The President is assisted by a Vice-President that they nominate and of which they can terminate, after consultation with the Presidents of the Parliament, the Vice-President can either be chosen from among a member of parliament or from outside the legislature. The Vice-President stands in for duties delegated to him by the President.
Presidential Absence
If the Presidency becomes vacant for whatever reason before the term is up then the President of the Senate (upper chamber of Parliament) will hold interim for that time, confirmed by the Constitutional Court at the call of Government via an absolute majority of its members or by a majority of the Bureaus of Parliament, or if declared permanent impairment by the Constitutional Council through the same process then instead the First Vice President of the Senate will hold interim until new elections take place to elect a new President.
The interim Presidents will have most powers of the President except for being able to hold referendums on legislation that effects the functioning of institutions either directly or indirectly, they also cannot dissolve parliament. They cannot also use the presidential initiative to put forth a revisal of the constitution.
Presidential Duties
The President nominates the Prime Minister based on who the President believes has the most confidence of the National Assembly. The President can terminate the Prime Minister at his/her own initiative or if the Prime Minister has lost a confidence vote or a motion of censure has been adopted against them by the National Assembly (lower chamber of parliament).
The Prime Minister can propose nominations and terminations of the members of Government to the President.
The President summons and presides over the Council of Ministers and decrees the daily agenda. The Vice-President is a member of the Council of Ministers by right and can fill in for the President when given express authorization and a defined order of business by the President.
The President in the Council of Ministers, nominates superior civil and military duties of the State such as ambassadors, special envoys, and superior and general officers. The President accredits ambassadors and special envoys and foreign ambassadors and special envoys are accredited to the President. The President negotiates and after parliamentary consent ratifies international treaties.
The President is the supreme chief of the country’s security and defense forces, questions that regard security and defense fall under the authority of the President. The President also presides over the Superior Council of National Defense and Public Safety, and the committees of defense and security, the Prime Minister can stand in for the President if given express authorization and determined agenda.
The President promulgates legislation passed by Parliament within 25-days or if urgency is declared by the parliament or by the Government then it will be within 10-days. The President can choose to send a piece of legislation back for a 2nd deliberation and it must be passed again via a two-thirds majority, either changed or unchanged, for the President to promulgate it, if it gets the majority required then the President must promulgate it. The President can also choose to send the legislation to the Constitutional Court for a review, if they declare the legislation to be constitutional then again, the President must promulgate it.
The President, either through his/her own initiative or via a proposition of the Government, National Assembly or Senate with an absolute majority, during Parliament’s sessions, submit to a referendum all projects of law that relate to principles in the preamble or preliminary title of the constitution, that touch directly or indirectly on functioning of institutions, a referendum adopted by the public shall then follow usual promulgation procedure from the President.
After consultation with the Prime Minister and the two Presidents of Parliament the President of the Republic can dissolve the National Assembly. Dissolving the National Assembly is limited to twice in a presidential term and at least 12-months must have passed before a 2nd dissolution can be performed. Fresh elections will take place 30-45 days after dissolution.
The President has the right of pardon.
Most of the President’s powers apart from a select few require a counter-signature from the Prime Minister or Minister concerned for it to have effect.
Emergency Provisions
When such circumstances require and after consultation with the Council of Ministers and Bureaus of the National Assembly and Senate, the President can decree a State of Urgency or Siege which allow the President to utilize special extraordinary powers determined by law.
Further in much graver situations the President can take direct decree powers to bring a situation under control after consultation with the Prime Minister, Presidents of the National Assembly and Senate and also the Constitutional Court.
During these times the President will inform the nation of such measures by direct communication and the Constitutional Court are consulted on such measures taken. The Parliament convenes by right and the National Assembly cannot be dissolved during this time. The constitution can also not be revised during this time.
The Government and Prime Minister
The Government conducts the policies of the Nation alongside the President and with his/her authority. The Government arranges the administration and the forces of defense and security. The Government is responsible to the President and must keep the confidence of the National Assembly to remain in power. The Prime Minister is the Chief of Government. The members of Government, which are proposed by the Prime Minister to the President of the Republic, can be chosen from either within or outside of parliament and must be at least 30-years-old with full civil and political rights, members of Government are eligible for one national term and one local term. Members of Government including the Prime Minister must vacate their seat in Parliament if chosen from Parliament.
Within 45-days of the nomination and also the deliberation of the Council of Ministers the Prime Minister will present his/her general policy program to the National Assembly which acts as a confidence vote and requires an absolute majority.
It is the job of the Prime Minister to direct the actions of the Government and ensure the execution of laws. The Prime Minister has exercise of regulatory power and can nominate, under described conditions, civil and military posts. The President may give express permission alongside a direct agenda for the Prime Minister to stand in for them. The Prime Minister can delegate certain powers to members of Government.
The replacement of Prime Minister is determined by a presidential decree that designates and order of nomination during the current term of Government. Interim Prime Ministers have the full powers of the Prime Minister.
The actions of the Prime Minister must be counter-signed by the appropriate Ministers for them to have effect.
There are emergency provisions that allow the Prime Minister to declare a state of watch or alert, this would obviously give special powers but I cannot say in which way this would work, a state of watch requires consultation with the Presidents of Parliament after Council of Minister deliberation while a state of alert requires consultation with the Bureaus of Parliament. To extend either beyond 21-days requires consent of parliament.
Projects of law, ordinances and regulatory decree are deliberated by the Council of Ministers after consultation with the Council of State, which has the Highest Jurisdiction of the State in administrative matters.
The term of Government and the Prime Minister end at the oath of office of the President, at the announcement of legislative election results and if the presidency becomes vacant or if determined impaired to carry on in office. The Government continues as caretaker until it is re-appointed.
Judicial Guarantor
It is the job of the President to guarantee to the independent of the judiciary system. The Superior Council of the Magistracy presides over the nominations of members of the judiciary, this council is presided over by the President of the Republic, the Minister of Justice and Attorney-General are First Vice-Presidents and the presidents of courts assure the Second Vice-Presidency. Three Deputies and two Senators, designated by the Presidents of each parliamentary chamber, have a consultative voice on the council.
There is a Constitutional Court that decides on constitutional matters and overseas the enforcement of the constitution, the Prime Minister will submit organic legislation to them for review. Other laws can be sent for review other by the President of the Republic, the Presidents of the Chambers of Parliament, the Prime Minister or by at least a tenth of members of each parliamentary chamber. The Presidents of the Supreme Court, the Council of State and the Court of Accountancy as well as any citizen or moral person damaged by the law or act in dispute can submit legislation in their competence/of what effects them.
The Constitutional Council is made up of nine members called Constitutional Judges who have renewable terms of 7-years. When the Constitutional Council is renewed at least 1/3 of members must be new. Three members are nominated by the President of the Republic, one of whom will be the President of the Constitutional Council, three nominated by the President of the Senate and three nominated by the President of the National Assembly, each of these will also nominate two jurists, one of which from each must be a magistrate, they are chosen from a list created by the Superior Council of the Magistracy. The Constitutional Judges chosen must have adequate experience as listed in Article 89 of the constitution and be at least 40-years-old.
Former Presidents of the Republic are ex-officio members of the Constitutional Council.
Other Stated Offices/Bodies Nominated by the President
National Council of Communication, three members by the President of the Republic, one who will be president of the Council, three members by the President of the Senate and three members by the President of the National Assembly, each will also nominate two communication specialists.
Removal from Office
The High Court of justice is a temporary authority that can be brought about to judge the President of the Republic if they are accused of violation of the oath of office or high treason. The High Court can also judge other officials for crimes such as the Vice-President of the Republic, Presidents and Vice-Presidents of constituted bodies, members of Government and members of the Constitutional Court as well as their accomplices and co-actors.
For the President of the Republic to face the High Court the Parliament must indict the President with a majority vote of two-thirds of its members in a public vote, the Prime Minister will receive the order of convocation.
The High Court is made up of thirteen members, seven of which are professional magistrates nominated by the Superior Council of the Magistracy, and six members elected from within parliament by parliament in proportion to the parliamentary groups, the President and Vice-President of the High Court of Justice are elected by the High Court members.
The Legislative Government
The legislative government is made up of a bicameral system that includes the National Assembly which is the lower but primary chamber and the Senate which is the upper chamber of parliament. It is the job of the parliament to vote of laws, approve tax policies and check the power of the executive branch. Legislation can be introduced by both the Government and members of Parliament. Legislation can be amended by parliament with regard to the rules. Commissions are set up within parliament for the review of legislation.
If requested by the Government the relevant parliamentary chamber will decide by simple majority, after a debate, on all or part of a text of proposed amendments and will only keep amendments proposed or accepted by the Government.
The Government or an absolute majority of parliamentary members can also demand an expedited vote on proposed legislation (so bringing a certain proposed legislation forward on the parliamentary agenda).
An identical legislation must be passed by both chambers of parliament, any amendments must be voted on again by the previous chamber. If an agreement cannot be reached on a piece of legislation between the two chambers then the Prime Minister may invoke a commission that involves members from both chambers to come to an agreement on a common text, if they do come to an agreement the bill will need to be passed by both chambers, if they cannot come to an agreement on a common text then the Government can ask the National Assembly to make a final decision on the legislation, possibly overruling the Senate.
The Parliament has powers to interrogate and question the Government and its members and the Government must provide all demanded information pursuant to its affairs and activities. Commissions of investigation and control can further be set up to look into concerning matters of the executive branch.
The Senate has the special job of representing the local collectivities, which likely works in a similar fashion to the French Senate.
Extraordinary sessions of parliament are summoned by the chamber presidents at the demand of the President of the Republic who decides the specific agenda proposed by the Prime Minister. An absolute majority of parliamentary members can also call an extraordinary session. Extraordinary sessions cannot last longer than 15-days.
Declarations of war declared by the President of the Republic must have consent from parliament. The extension of states of emergency, siege, watch or alert requires consent from parliament to be extended beyond 15-days.
In cases of urgency the Government may ask parliament for authorization to enact laws by decree during parliament’s intercession so that the Government can implement its agenda. The ordinances will be received by the Council of Ministers after notifying the Council of State and are then signed by the President of the Republic and will take effect.
Ultimately these ordinances will need to be reviewed and passed by parliament in their next session to continue having effect and the parliament can also modify the ordinances with amendments.
The National Assembly
The National Assembly is the lower and primary chamber and currently has 143 seats, the number of members is determined by an organic law and thus may require a special majority and perhaps other checks such as through the Constitutional Council.
The National Assembly elects its President and Bureau from among themselves at the start of the parliamentary term and can choose to dismiss the President and other members of the Bureau by a disapprobation motion which requires an absolute majority.
The National Assembly votes on its rules of operation which are scrutinized by the Constitutional Council.
The National Assembly will have the Government’s annual budget introduced. If the Budget has not been decided upon by the National Assembly within 45-days then the Government will call upon the Senate to make a decision within 20-days. If this still fails then by ordinance the previous budget may be adopted and an extraordinary session of parliament may be called by the Prime Minister, if this still fails then the Council of Ministers will definitively establish the budget by ordinance which will then be promulgated by the President of the Republic.
All finance legislation is first submitted to the National Assembly.
The Government through the Prime Minister can choose to hold a vote of confidence on itself through a specific piece of legislation or declaration of general policy, absolute majority against the Government would lose them the confidence vote. The Prime Minister and Government will resign if confidence is refused.
A motion of censure can also be brought against the Government by the National Assembly, requiring signatures of at least a fourth of the members of the National Assembly to introduce it and needing an absolute majority for it to have effect. If the Prime Minister is censured then the entire Government will also resign.
In either case of censure or loss of confidence a new Prime Minister is nominated by the President of the Republic.
The Senate
The Senate is the upper chamber and currently has 102 seats, the number of members are determined by an organic law and thus may require a special majority and perhaps other checks such as through the Constitutional Council.
The Senate elects its President and Bureau from among themselves at the start of the parliamentary term and can dismiss them in the same way as the National Assembly.
The Senate votes on its rules of operation which are scrutinized by the Constitutional Council.
All legislation related to local collectivities are first submitted to the Senate.
The Electoral System
Presidential elections are held every 7-years and is elected by the public via simple majority popular vote. The President can be re-elected for subsequent terms.
To run for President, one must be a citizen born in Gabon (if naturalized must be the 4th generation at least) who is at least 40-years-old and who has resided in Gabon for at least 12-months and enjoy their full civil and political rights. A Gabon citizen who holds another nationality where they hold political and administrative responsibilities cannot run for President.
When the current President decides to run for another term their powers will be limited until the election has taken place, which means during that time the President cannot dissolve parliament or legislate by ordinance.
National Assembly elections happen every 5-years and its 143-members are directly elected from single-seat constituencies using a two-round absolute majority system where a candidate requires an absolute majority to win outright in the first round, otherwise a 2nd round is held between the top two candidates which is won via simple majority.
Senate elections happen every 6-years and its 102-members are indirectly elected by municipal councils and departmental assemblies using a two-round absolute majority system which is explained above. Candidates for the Senate must be Gabon citizens who are at least 40-years-old.
To vote one must be a Gabon citizen with all their civil and political rights and who are at least 18-years-old.
Sources
The source for this comes from Gabon’s 1991 constitution with amendments through to 2011 (constituteproject.org) and so should be as accurate as possible but of course there is always the chance I misinterpreted something or that the constitution is amended and so if using this in a serious capacity it is recommended to do cross-research.
Amendments to the constitution are proposed by either the President of the Republic, the Council of Minister or by at least one-third of the members of either parliamentary chamber, the amendment is then reviewed by the Constitutional Council and then requires a joint-session of parliament to pass it by a two-thirds majority vote and then it needs to be confirmed by a national referendum. Articles on Gabon’s democratic form cannot be amended.
Next up will be the government system of The Gambia.
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