TITLE II. OF THE EXECUTIVE POWER
I. OF THE PRESIDENT OF THE REPUBLIC
Article 8
The President of the Republic is the Chief of State; he or she ensures respect of the Constitution; the President assures, by his or her determination, the regular function of public powers as well as the continuity of the State.
The President determines, in concert with the Government, the policies of the Nation.
The President is the supreme bearer of executive power, which he or she shares with the Prime Minister.
Article 9
The President of the Republic is elected for a presidential term of seven (7) years, by universal and direct suffrage. The President is re-electable.
The election is won by the candidate who obtains the largest number of votes.
Article 10
All Gabonese citizens, male and female, who are at least forty (40) years old, have resided in Gabon for at least twelve (12) months, and who enjoy their full civil and political rights are eligible to run for the seat of the presidency.
All Gabonese benefiting from another nationality, through which he or she exercises political or administrative responsibilities in another country, may not be a presidential candidate.
Any person naturalized into Gabonese citizenship may not present his or herself as a presidential candidate. Only their descendants, having resided in Gabon without discontinuity, may present themselves beginning with the fourth generation of descendants.
If before the vote, the Constitutional Court, called upon according to the conditions previsioned by the law, affirms the death or hindering circumstance of one of the candidates, the Court will pronounce a postponement of the elections.
The Constitutional Court may extend the provisioned time periods conforming to Article 11 below, but the elections may not take place more than thirty-five (35) days after the date of the decision of the Constitutional Court.
If an application of the policies in the present paragraphs postpones the election to a date beyond the last day in office of the current President, he or she will remain in office until the election of the successor.
The ways and means by which the present article may be applied are fixed by organic law.
Article 11
The presidential term begins on the day he presents himself for the presidential oath and finishes at the end of the seventh year following his election.
The election of the President of the Republic takes place at least a month and at most two months before the end of the previous president’s term.
A current President may not shorten his or her term in any manner to run for another term.
If the current President of the Republic runs for the next presidential term, the National Assembly may not be dissolved. The President may also not exercise his power to legislate by ordinance from the moment he announces his candidacy up to the election. In cases of necessity, Parliament may convene in an extraordinary session.
Article 11a
The presidential oath marks the beginning of the presidential term. It may not take place before the Constitutional Court’s decision to proclaim the official election results.
If there is no dispute of the results, the Constitutional Court’s decision will take place on the eighth (8th) day following the announcement of the results by the relevant administrative authority.
If there is a dispute, the Court’s decision must take place within a maximum delay of fifteen (15) days from the eighth (8th) day following the announcement of election results.
If the death or permanent impairment of the current President who was not re-elected in the most recent presidential elections takes place before the end of his or her term, the President-elect will immediately take the oath of office. If the Constitutional Court’s decision on the election results has not been announced, the presidential vacancy will be addressed according to Article 13 below.
The death or permanent impairment of the President elect or reelected, taking place in the period between the proclamation of the election results and the end of the current President’s term, will put into effect the ensemble of electoral operations according the to conditions and time periods provisioned by Article 10 above.
In this case, once the vacancy is announced, the functions of the presidential office are assured conforming to the dispositions of Article 13 below.
During the period that separates the proclamation of the presidential election results and the beginning of a new presidential term, the National Assembly cannot be dissolved, nor may a revision to the Constitution commence or finish.
Article 12
At the moment of the President’s entry into office, the President of the Republic will solemnly take the oath below, before the Parliament and the Constitutional Court, the left hand on the Constitution, and the other hand raised before the national flag:
“I promise to devote all my energies to the good of the Gabonese people, to assure their wellbeing and to protect them from all misfortune, to respect and defend the Constitution and the State of law, to fulfill conscientiously the duties of my position and to be just to all.”
Article 13
In case of a vacancy of the presidential office for whatever reason, or a permanent impairment of the current president, affirmed by the Constitutional Court called upon by the Government through an absolute majority of its members, or failing that, by the Bureaus of the two Chambers of Parliament with a majority of their members, the President of the Senate will temporarily exercise the duties of the President of the Republic, or in case of permanent impairment of the President of the Senate, affirmed by the Constitutional Court called upon in the same conditions, the First Vice-President of the Senate will temporarily carry out the duties of the presidential office.
The authority that assumes the Presidential office in the interim will be temporarily invested with the full duties and powers of the President of the Republic, to the exclusion of certain duties and powers provisioned by Articles 18, 19, and the first paragraph of 116. The temporary president may not present him or herself as a candidate of the next presidential election.
Before his or her entry into office, the authority concerned will take the oath of office according to the conditions of Article 12 above.
In the case of a vacancy, or if the President’s impairment is declared permanent by the Constitutional Court, the polls for the election of the new President, excluding cases of emergency announced by the Constitutional Court, will take place at least thirty (30) days or at most sixty (60) days after the beginning of the vacancy or the declaration of a permanent impairment of the President.
Article 14
The functions of the presidential office are incompatible with the exercise of all other public and private functions of a lucrative character.
Article 14a
The President of the Republic is assisted by a Vice-President of the Republic.
The Vice-President of the Republic is nominated by the President of the Republic who can terminate his or her duties, after the consultation of the presidents of the two chambers of Parliament. The Vice-President of the Republic may be chosen from the members of Parliament, or outside the legislature.
Article 14b
The functions of the Vice-President of the Republic are incompatible with the exercise of all other public and private functions of a lucrative character.
Article 14c
The Vic- President of the Republic takes the oath of office before the President of the Republic and in the presence of the Constitutional Court, according to the terms below:
“I promise to respect the Constitution and the State of Law, to fill conscientiously the duties of my position in the strictest respect of the obligation of loyalty and confidentiality to the Chief of State.”
Article 14d
The Vice-President of the Republic stands in for the President of the Republic in the duties that the President delegates to him.
The manner in which the present article may be applied is fixed by an organic law.
Article 14e
The functions of the Vice-President of the Republic end at the issuing of the proclamation of the next presidential election results by the Constitutional Court and in the case of a vacancy in the Presidential office for whatever reason, or a permanent impairment of the current President of the Republic.
Article 15
The President of the Republic nominates the Prime Minister.
The President may terminate the Prime Minister’s post, of his own initiative or by the Prime Minister’s presentation of his or her resignation from the Government, or following a vote of disapproval or the adoption of a motion of censure by the National Assembly.
By proposal, the Prime Minister may nominate other members of the Government and terminate their posts.
Article 16
The President of the Republic summons and presides over the Council of Ministers and by decree, the daily agenda.
The Vice-President of the Republic is a member of it by right. If appropriate, her or she may substitute the President of the Republic through express authorization and a defined order of business.
Article 17
The President of the Republic promulgates the laws definitively adopted within the twenty-five (25) days that follow their transmission to the Government. This delay may be reduced to ten (10) days in cases of urgency declared by the National Assembly, the Senate or the Government.
The President may, during the time period given for promulgation, request from Parliament a new deliberation of a law or its individual articles. Parliament may not refuse a new deliberation. The text, submitted to a second deliberation, must be adopted by a majority of two-thirds of Parliament’s members, either as its initial form or with modifications to the initial text. The President will promulgate the law in the time periods specified above.
Failing to promulgate a law in the conditions and time periods above, the President must refer the text to the Constitutional Court.
If the Constitutional Court rejects the President’s submission, the President will promulgate the law in the conditions and time periods specified above.
Article 18
The President of the Republic may, through his own initiative, or through proposition of the Government, the National Assembly or Senate with an absolute majority, during Parliament’s sessions, submit to a referendum all projects of law related to the principles contained in the preamble or the preliminary title of the Constitution, touching directly or indirectly upon the functioning of institutions.
When a referendum has lead to the adoption of a proposed law, the President of the Republic will promulgate the law conforming to Article 17 above.
Article 19
The President of the Republic can, after the consultation of the Prime Minister and the presidents of the two Chambers of Parliament, pronounce the dissolution of the National Assembly.
However, recourse to this decision, limited to two (2) times in the same presidential term, may not occur again in the twelve (12) months that follow the first dissolution.
The general elections take place at least thirty (30) days and at most forty-five (45) days after the publication of the decree announcing the dissolution.
The National Assembly will rightfully reunite on the second Tuesday following their election. If this reunion takes place outside of the periods provisioned for ordinary sessions, a session will rightfully open for the duration of fifteen (15) days.
Article 20
The President of the Republic nominates, in the Council of Ministers, to the superior civil and military duties of the State, in particular the ambassadors, special envoys, and superior and general officers.
An organic law defines the mode of accession to these posts.
Article 21
Through the President of the Republic, ambassadors and the special envoys are accredited before international powers and organizations. International ambassadors and special envoys are accredited before the President.
Article 22
The President of the Republic is the supreme chief of the security and defense forces. By this title, questions regarding security and defense fall under his direct authority.
The President of the Republic presides over the Superior Council of National Defense and Public Security, and the committees of defense and security.
The Prime Minister may stand in for the President by express authorization and for a determined agenda.
The Ministers in charge of defense and security assure the direction of the committees on military and civil defense according to their areas of competence. A law establishes the means by which the present article may be applied.
Article 23
The President of the Republic has the right to pardon.
Article 24
The President communicates with each Chamber of Parliament through messages to be read by their presidents. At the President’s demand, he or she may be heard by a convened Parliament. The President’s communicates are not subject to dispute.
Outside regular sessions, each chamber may be specially convened to this effect.
Article 25
The President may, when circumstances require it, after deliberation with the Council of Ministers and consultation of the Bureaus of the National Assembly and the Senate, proclaim by decree a state of urgency or a state of siege, that will confer to the President special powers within the conditions determined by the law.
Article 26
When the institutions of the Republic, the independence or superior interests of the Nation, the integrity of its territory or the execution of its international engagements are menaced in a serious and immediate manner, and the regular function of the constitutional public powers is interrupted, the President of the Republic may take measures demanded by the circumstances, after official consultation with the Prime Minister, the presidents of the National Assembly and the Senate as well as the Constitutional Court.
The President will inform the nation of such measure by direct communication.
These measures must be motivated by the desire to assure to the constitutional public powers, in the shortest delay, the means to accomplish their missions.
The Constitutional Court is consulted on these measures.
The Parliament will rightfully convene.
The National Assembly may not be dissolved during the President’s exercise of exceptional powers, nor may any revisions to the Constitution be undertaken or completed.
Article 27
The actions of the President of the Republic, other than those outlined in articles 15 (paragraph 1), 17 (paragraphs 1, 2, and 3), 18, 19, 23, 89, 98 and 116, must be counter signed by the Prime Minister and the members of Government charged with their execution.
II. OF THE GOVERNMENT
Article 28
The Government conducts the policies of the Nation, in concert and under the authority of the President of the Republic.
The Government arranges, to this effect, the administration and forces of defense and security.
The Government is responsible before the President of the Republic and the National Assembly, according to the conditions and procedures provisioned by the present Constitution.
Article 28a
Within forty-five (45) days, after the nomination and deliberation of the Council of Ministers, the Prime Minister will present before the National Assembly his or her general policy program that will lead to an open debate, followed by a vote of confidence. The vote is obtained by an absolute majority of the members of the National Assembly.
Article 29
The Prime Minister directs the actions of the Government. He or she assures the execution of the laws. According to the conditions of Article 20 mentioned above, the Prime Minister exercises regulatory power and nominates civil and military posts of the State. The Prime Minister stands in for the President of the Republic in the aforementioned situations. He or she may delegate certain powers to other members of Government.
A replacement for the Prime Minister is assured by a member of the Government designated by a decree of the President of the Republic, according to the order of nomination of the decree that arranged the composition of the Government.
The Minister taking over the duties of the Prime Minister in the interim is temporarily invested with the full rights and powers of the position.
The actions of the Prime Minister are to be countersigned by the members of the Government charged with their execution.
Article 29a
The Prime Minister may, when circumstances demand it, after deliberation with the Council of Ministers and consultation of the presidents of the Chambers of Parliament, proclaim by order a state of watch, according to the conditions determined by the law.
The proclamation of a state of alert, by order of the Prime Minister, will take place after the deliberation of the Council of Ministers and consultation of the Bureaus of the two chambers.
The extension of a state of watch or a state of alert beyond twenty-one (21) days is to be authorized by the Parliament.
Article 30
The projects of law, ordinances and regulatory decrees are deliberated by the Council of Ministers after consultation with the Council of State.
Article 31
The Government is composed of the Prime Minister and other members of Government.
The Prime Minister is the Chief of Government.
The members of Government may be chosen from within and outside of Parliament. Members must be at least thirty (30) years old and have their full set of civil and political rights.
A member of Government is eligible for one (1) national and one (1) local term.
Article 32
The functions of a member of Government are incompatible with the exercise of a Parliamentary position.
An organic law fixes the salaries and advantages accorded to members of Government, and enumerates the other public functions and private actions that are incompatible with a member’s public post.
Article 33
The members of Government are politically connected. They are responsible for punishable offenses committed in the exercise of their official duties.
Article 34
The duties of the members of Government end at the oath of office given by the next President of the Republic, at the release of the proclamation of legislative election results by the Constitutional Court and in case of a vacancy of the presidential office for whatever reason, or for a permanent impairment of the current President.
In all cases, the Government assures the expedition of current affairs until the formation of a new Government.
