On Friday morning, a draft of the future Gabonese constitution circulated at high speed. The authorities did not contest the version. Several sources consulted by the editorial staff of Gabonactu.com confirm that this is the real draft recently submitted to the head of state by the Minister of Institutional Reform, Murielle Minkoué, wife of Mintsa.
Below is the project link:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/file:///C:/Users/XXX/Downloads/Projet%20de%20loi%20portant%20Constitution%20de%20la%20Re%CC%81publique%20gabonaise%20(1).pdf
Here are some provisions retained after a very quick reading of the 50 pages of the project which has a total of 194 articles.
Article 19
No one may be held in police custody or placed in custody if they provide sufficient guarantees of representation.
20: The State guarantees equal access for men and women to electoral mandates
21: military service is compulsory
25: the family is the natural basic cell of society; marriage, a union between two people of different sexes, is its legitimate support.
26: French remains the official language in Gabon.
44: two-round presidential and legislative elections.
46: political parties are grouped into ideological blocs, under the conditions set by law.
47: the State recognizes the status of the opposition
President :
Have exclusive Gabonese nationality. Parents must also be Gabonese. Be between 35 and 70 years old at the most. Have resided in Gabon for 3 years without interruption before the presidential election. Enjoy a complete state of mental and physical well-being. Any Gabonese with another nationality may run provided that they have renounced it two years before the election.
56: In the event of a temporary vacancy in the power of the President of the Republic, the interim is ensured by the Vice-President of the Republic. If the vacancy exceeds 120 days, the President of the Senate ensures the interim.
58 :
The President of the Republic is assisted by a Vice President of the Republic and a Vice President of the Government. Both are appointed by the President of the Republic who terminates their functions.
The President of the Republic can dissolve the National Assembly.
The charter remains in force throughout the transition period.
No more Prime Minister. You must be at least 30 years old to be appointed minister.
Members of Parliament are elected for 5 years, renewable at will.
The High Court of Justice judges the President of the Republic in the event of violation of oath or high treason.
Attempt to modify the intangible principles of the constitution.
The following may not be subject to any constitutional amendment:
The number of presidential terms, the definition of marriage as a union between a man and a woman, direct universal suffrage for the election of the President of the Republic.
Gabonactu.com
2024-09-06 23:11:00
#project
Table of Contents
Gabon’s Road to Constitutional Reform: A New Era of Democracy?
Gabon, a country in Central Africa, is on the path to drafting a new constitution, marking a significant step towards democratic reform. The process, led by Murielle Minkoué Mintsa, the Minister of Institutional Reform, aims to create a more inclusive and representative government. In this article, we will delve into the proposed constitution, its key provisions, and the implications for Gabon’s future.
The Proposed Constitution: A Draft for the Future
The draft constitution, submitted to the head of state, consists of 194 articles, outlining the framework for Gabon’s governance. The document enshrines several key principles, including:
Protection of Human Rights: Article 19 guarantees that no one may be held in police custody or placed in custody without sufficient guarantees of representation.
Gender Equality: Article 20 ensures equal access to electoral mandates for men and women.
Military Service: Article 21 makes military service compulsory.
Official Language: Article 26 confirms French as the official language of Gabon.
Presidential Elections: Article 44 introduces a two-round system for presidential and legislative elections.
The Role of the President
The draft constitution outlines the powers and responsibilities of the President of the Republic, including:
Exclusive Gabonese Nationality: The President must have exclusive Gabonese nationality, with Gabonese parents.
Age Requirements: The President must be between 35 and 70 years old.
Residency Requirements: The President must have resided in Gabon for three years without interruption before the presidential election.
* Vice Presidents: The President is assisted by a Vice President of the Republic and a Vice President of the Government, both appointed by the President.
Constitutional Amendments and the Future of Gabon
The draft constitution also addresses the process of constitutional amendments, specifying that certain principles, such as the number of presidential terms and the definition of marriage, cannot be altered. This provision aims to ensure the stability and integrity of the constitution.
According to reports, the transformation of Parliament into a constituent assembly is scheduled for June 2024, followed by the adoption of the new constitution [3[3[3[3[3[3[3[3]. This development marks a significant step towards democratic reform in Gabon.
Context: Gabon’s Constitutional History
Gabon’s current constitution was adopted in 1991 and has undergone several amendments since then <a href="https://www.constituteproject.org/constitution/Gabon2011″>[1[1[1[1[1[1[1[1]. The country’s move towards a new constitution reflects its commitment to democratic principles and the need for a more inclusive and representative government.
Conclusion
Gabon’s draft constitution is a vital step towards democratic reform, enshrining key principles such as human rights, gender equality, and the rule of law. As the country navigates the transition to a new constitution, it is essential to ensure that the document reflects the will of the people and promotes a more inclusive and representative government. With the transformation of Parliament into a constituent assembly on the horizon, Gabon is poised to enter a new era of democracy.
References:
[1] Gabon’s Constitution of 1991 with Amendments through 2011. (n.d.). Constitution Project. <https://www.constituteproject.org/constitution/Gabon2011>
[2] Gabon. A New Constitution in Sight - Powers of Africa. (n.d.). Powers of Africa.
[3] Transition timeline: How will Gabon return to democratic rule? (2023, December 4). Anadolu Agency.
How does the draft constitution of Gabon propose to alter the balance of power between the presidency and other branches of government?
Gabon’s New Constitution: A Shift towards Presidential Power
The draft of Gabon’s future constitution has been circulating rapidly, and the authorities have not contested the version. According to multiple sources, this is the real draft recently submitted to the head of state by the Minister of Institutional Reform, Murielle Minkoué, wife of Mintsa[[[1]]. The 50-page document comprises 194 articles, outlining significant changes to the country’s political landscape.
Key Provisions
Article 19 of the draft constitution ensures that no one can be held in police custody or placed in custody if they provide sufficient guarantees of representation[[[1]]. Additionally, the State guarantees equal access for men and women to electoral mandates (Article 20), and military service is compulsory (Article 21). The family is recognized as the natural basic cell of society, with marriage defined as a union between two people of different sexes (Article 25).
French remains the official language in Gabon (Article 26), and the draft proposes two-round presidential and legislative elections (Article 44). Political parties will be grouped into ideological blocs, under the conditions set by law (Article 46), and the State recognizes the status of the opposition (Article 47).
Presidential Power
The President of Gabon must have exclusive Gabonese nationality, with Gabonese parents, and be between 35 and 70 years old (Article 56). They must have resided in Gabon for three years without interruption before the presidential election and enjoy a complete state of mental and physical well-being. Any Gabonese with another nationality may run for president, provided they have renounced it two years before the election.
In the event of a temporary vacancy in the power of the President of the Republic, the Vice-President of the Republic will ensure the interim. If the vacancy exceeds 120 days, the President of the Senate will ensure the interim (Article 56).
Constitutional Amendments
The draft constitution outlines significant changes to the country’s political structure. The President of the Republic will be assisted by a Vice President of the Republic and a Vice President of the Government, both appointed by the President (Article 58). The President will have the power to dissolve the National Assembly, and the charter will remain in force throughout the transition period.
Notably, the draft constitution proposes the abolition of the Prime Minister position, and candidates must be at least 30 years old to be appointed minister. Members of Parliament will be elected for five years, renewable at will (Article 47).
The High Court of Justice will judge the President of the Republic in the event of violation of oath or high treason. The number of presidential terms, the definition of marriage as a union between a man and a woman, and direct universal suffrage for the election of the President of the Republic will not be subject to constitutional amendment.
Controversy and Uncertainty
Despite the draft constitution being circulated, its contents remain a mystery to many Gabonese citizens[[[3]]. The fact that the authorities have not contested the version raises concerns about transparency and accountability in the country’s political process.
The draft constitution’s emphasis on presidential power has sparked concerns about the potential erosion of democratic principles in Gabon. The recognition of the opposition and the guarantee of equal access to electoral mandates may offer some comfort, but the absence of a Prime Minister position and the concentration of power in the hands of the President raise questions about the system of checks and balances.
As Gabon navigates this
