GABON       Institutional Situation

  This section has been updated by Mr Boubacar Issa Abdourhamane,
a doctorate student at the CEAN, IEP – Montesquieu University of Bordeaux

Democratic Process

The transition to democracy started properly in 1990 in Gabon, with the first liberalisation measures. However, the first signs of this happening came one year earlier with the return to the country of Father Paul M’Ba Abessolo in September 1989, after 13 years of exile in France. He had been one of the founding members of the MORENA (Mouvement de Redressement National) in 1980. Negotiations were thus started with President Bongo to open up the regime. But as opposition to President Bongo increased, Father Abbessolo was expelled from the MORENA in January 1990. He created the lumberjacks’ MORENA, later to become the RNB (Rassemblement National des Bûcherons).
The beginning of the year 2000 was marked by increasing strikes in all sectors demanding that the regime become democratic. The student demonstrations at Omar Bongo University were crushed violently by the police. The wave of protests became increasingly important, however, with strikes in the main administrations (Water and electricity companies, hospitals, primary and secondary education, university etc.) and acts of vandalism committed against the property of the authorities. As early as January, the congress of the single party, the Gabonese Democratic Party (Parti Démocratique Gabonais - PDG) came out in favour of pluralism, but within the party. A special committee for pluralism was created by the central committee of the party. On 22 February, it handed in a report in favour of a move towards opening up the system. At the beginning of March, President Bongo announced the transformation of the PDG into the Gabonese Social Democratic Party within which the expression of all the demands was to be possible during a transition period set at 5 years.
In the face of the pressure from the social movements, President Bongo also accepted that a National Conference be held. This was done from 23 March to 19 April 1990 and, although the conference was not sovereign, the 2,000 delegates representing “political associations” and civil society refused to validate the transition calendar proposed by President Bongo and decided in favour of the immediate introduction of a multi-party system. The Actes de la Conférence Nationale were accepted by the government. They stipulated that an interim government should be formed, general elections organised, certain State bodies restructured, certain high positions rearranged and various other measures taken (including the publication of the personal estate of those appointed to high positions within the State).
On 27 April 1990, an interim government was formed. Casimir Oye M’ba, the former Governor of the Bank of the Central African States, was appointed Prime Minister. However, some opposition parties refused to cooperate with the government. The electoral process was to take several months for reasons of poor organisation and numerous protests. It was to take five votes for the Assembly to get its 120 members: first round on 16 September, second round and/or complementary elections on 4, 21 and 28 October and, finally, by-elections in March 1991. By the time all this was finished, the PDG had won 66 seats, the “Lumberjacks” 17, the Gabonese Party for Progress 19, the Association for Socialism in Gabon 6, the Gabonese Socialist Union 4 and various other formations the remaining seats. The opposition protested that there had been fraud, but still agreed to sit in the National Assembly and even take part in the new government of C.O. M’Ba, dominated by the PDG.
It was only in March 1991 that the National Assembly passed the political party charter and the Constitution of 26 March 1991.
The presidential elections were held on 5 December 1993. Of the 13 candidates, Omar Bongo was elected in the first round with 51.18% of the votes, in front of Father M’Ba Abessolo, credited with 26.48%. The opposition cried foul and father Abessolo declared himself the winner with the opposition joining together in the High Council of the Resistance (HCR). The protests were fanned by the effects of devaluation. There was increasing violence, leading to a “state of warning” from 20 December 1993 to 13 February 1994 and from 21 February 1994 to 15 March 1994. The emergency measures allowed any person judged likely to disturb public order to be held without charges or trial, a curfew, and a ban on all demonstrations.
In the wake of the troubles caused by the Presidential election, the various parties sat down to negotiate (5-27 September 1994). They signed the Paris Agreements to unblock the political situation and accelerate the transition to democracy. Their clauses covered the electoral process, the strengthening of the rule of law, security, press freedom, a guarantee that the agreements would be applied and various other measures (including a revision of the Code on Nationality).
In application of this agreement, the Oyé M’Ba government resigned on 12 October 1994. On 15 October, a “government for democracy” was set up with the intention of having a government of national union. It was led by Paulin Obame N’Guéma, a special advisor of the President of the Republic. In March 1996, the Electoral Commission was established. The term of office of the members of the Assembly was extended by six months but the vote could not be organised, thus depriving the country of its Parliament from May onwards.
Local elections were finally held in October 1996. They were won by the PDG with 53% of the 1,817 seats. On 6 December, however, Father Abessolo won the municipal elections in Libreville and so the capital slipped into opposition hands. However, the general elections of 15 and 29 December 1996 were won by the PDG with an absolute majority of 85 seats out of the 120 in the Assembly. The government was reshuffled in January 1997 but remained under the leadership of Paulin Obame N’Guéma. The elections to the Senate were also won by the party in power, with 51 seats out of 91.
It was thus in a period of ascendancy that President Omar Bongo faced seven other candidates in the presidential elections of 6 December 1998. Although grouped together in the High Council of the Resistance, the opposition could not present a united front in the elections. President Bongo was declared the winner in the first round with 66.88% of the votes, the runner-up Pierre Mamboundou getting only 16.54%. The latter joined the other main candidates in contesting the results of the vote, calling for public dissent and lodging a demand with the Constitutional Court for the elections to be cancelled. President Bongo appointed his campaign director, Jean-François Ntoutoumé-Emane Prime Minister on 23 January. The political situation distinctly deteriorated in the wake of the presidential election, with the political crisis combining with the effects of a severe social crisis. Since then the tension has dropped, but the system has yet to return to stability.

Political Institutions

Law N° 3/91 of 26 March 1991 on the Constitution of the Gabonese Republic was passed unanimously by the members of the assembly. It was amended in March 1994 (law n° 01/94 of 18 March 1994) to create the Senate and in July 1995 (law 18/95 of 29 September 1995 adopted by referendum in application of the Paris Agreements) to reorganise the Constitutional Court, revise the electoral code and create an independent electoral commission.
This Constitution created a semi-presidential regime. There are two heads of executive power, although the President of the Republic predominates. He is elected by direct universal suffrage for a term of 5 years that may be renewed once. He may dissolve the National Assembly but no more than twice in the course of a single term of office (Art. 19). Should the post fall vacant, he is replaced provisionally by the President of the Assembly (Art. 13). Although not featured in the Constitution, there has been a post of Vice-President since 1998. It was given to Didjob Divungi Di Ndinge, the leader of the Democratic and Republican Alliance (Alliance démocratique et républicaine – ADERE) as a reward for joining the camp of the President. The government manages the policy of the nation under the authority of the President of the Republic and in consultation with him (Art. 28). The Prime Minister leads the action of the government (Art. 29). He is answerable to the National Assembly, although the President of the Republic may dismiss him on his own initiative.
Legislative power is in the hands of the Parliament, which has had two chambers since the amendment of the Constitution in 1994. The National assembly has 120 members elected by direct universal suffrage for a term of office of 5 years. It is the Parliament that passes laws, sets taxes and monitors the action of the executive. It can overturn the government by a vote of no confidence. The Senate has 91 members elected by indirect universal suffrage for a term of 6 years. The Senators represent the local authorities.
The Constitutional Court is, according to the terms of Article 83, the highest authority of the State in constitutional matters. It is composed of nine members appointed for a term of five years that may be renewed once. It judges the compliance of the laws with the Constitution, guarantees public liberties and fundamental rights and regulates the workings of the institutions. It is competent to deal with all electoral disputes. It is referred to in cases of contestation of an election by any candidate, political party or government delegate. Referral is also open to citizens in the event of unconstitutionality at a trial. The Constitution also expressly grants it the power to interpret the Constitution, and its decisions are not subject to appeal. The Court is however much criticised by the opposition, whose claims are rejected and who attack its lack of independence.
In October 2000, the members of the National Assembly dominated by the party of President Bongo revised the Constitution by 153 votes in favour against 40 abstentions and one invalid. This amendment concerned Article 81 and grants the Head of State immunity after the end of his term of office.

Judicial System

Judicial power is exercised by the Constitutional Court, the Judicial Court, the Administrative Court, the Court of Auditors, the Appeal Courts, the High Court of Justice and other exceptional jurisdictions (the last two are not permanent – the High Court of Justice judges the President of the Republic in case of treason). The Judicial Court is composed of the civil, commercial, social and penal chambers.
The High Council of Magistrates is in charge of administration of the legal system. It is presided over, however, by the President of the Republic assisted by the Minister of Justice. It also comprises the Presidents of the various courts, representatives of the Parliament and the Finance Minister.

Decentralisation and Devolution

Its organisation is contained in the Constitution, and the local authorities of the Republic are created by law. They may be modified only in accordance with the conditions set by law. They are managed by a council elected in accordance with the terms of the law, particularly as far as their fields of competence and resources are concerned (Art. 112). The communes (13 communes) are run by the mayor and the municipal council, the departments by an assembly with a President. There are nine provinces. This organisation has been modified since the Paris agreements and it is planned to create more communes. The election of the mayors, including the mayor of the capital formerly appointed by the President of the Republic, is carried out by proportional representation. The PDG has run the majority of the local authorities since the election of 1996, although the opposition does hold 43% of the 1,817 seats of councillor. As well as this, the capital Libreville has been run by Father Paul M’Ba Abessolo since December 1996. In each local authority, there is a representative of the State who ensures that national interests are respected.

Political Parties

At the time of the National Conference there were 173 “political associations”. Many of them have disappeared or joined together around one of the two main poles since the adoption of the political party charter in March 1991 that imposed a recognition procedure, even for the formations recognised by the national conference.
The presidential majority is built around the Gabonese Democratic Party (Parti démocratique gabonais - PDG) of Omar Bongo. There is also Louis-Gaston Mayila’s Party for the Unity of the People (Parti de l’unité du peuple – PUP), the Association for Socialism in Gabon (Association pour le socialisme au Gabon – APSG, P.C. N’Zeng), the Gabonese Socialist Union (Union socialiste gabonaise – USG) of Serge M’Ba Békalé, the Liberal Reform Centre (Centre des libéraux réformateurs– CLR) of Jean Boniface Assélé and the Democratic and Republican Alliance (Alliance démocratique et républicaine - ADERE) of Vice-President Didjob Divungi Di Ndinge.
The opposition has been organised around the High Council of the Resistance since the presidential elections (formerly the United Front of Opposition Associations and Parties – FUAPO). The most important are the Union of the Gabonese People (Union du peuple gabonais – UPG) of Pierre Mamboundou, the National Union of Lumberjacks (Rassemblement national des bûcherons – RNB) of Father M’Ba Abessolo, an organisation that changed its name in October 2000 to become the Union for Gabon (Rassemblement pour le Gabon – RPG), the National Union of Lumberjacks, Democracy (RNB-D), a splinter group of the RNB led by Pierre André Kombila, the Social Democratic Party (Parti social démocrate – PSD) of P.C. Maganga-Moussavou and the Original Morena (of Nzoghe N’Guema).

Trades Unions

Union freedom and the right to strike are recognised by article 15 of the Constitution. Since the first measures to open up the system, many sector-based unions have emerged. We will mention the Communication Professionals Union (SYPROCOM), the National Union of Further Education (SNES) and the Gabonese Confederation of Free Unions (CGSL).

Human Rights

The Preamble to the Constitution refers to human rights and to the basic freedoms written into the Universal Declaration of Human Rights of 1948 and the National Liberties Charter of 1990.
Several organisations promote human rights. Gabon has a Gabonese League of Human Rights, a National Association of Human Rights and an Association of Human Rights and the Rights of the Peoples. Despite the existence of a Ministry for Culture, the Arts and Human Rights from December 1993 to February 1994, the country has known flagrant violations of human rights including the expulsion of foreigners. The Gabonese regime has always been considered as being moderate when it comes to human rights, compared with the violence seen in other countries. With the move towards democracy, prisoners of conscience have almost disappeared.

Media

For many years, the press was regulated by the law of 5 January 1960. This was restrictive and gave prior verification rights of the content of papers to the Ministry of Information. After the National Conference of March 1990, press freedom was clearly proclaimed. In accordance with the terms of Article 49 and following of the Constitution, a National Communication Council was created. It was entrusted with the task of ensuring freedom of expression and press freedom and fair treatment of all the parties and political associations in terms of media access.
Radio and television broadcasting have been liberalised and opened up to the private sector. There are still some difficulties however, notably with the destruction of Father Abessolo’s Radio Liberté. To avoid errors and to institutionalise the profession, a “national charter of journalists’ duties and rights” has been signed by all the chief editors of the country’s newspapers. The press is largely politicised and along the same lines as the political world. On the side of the presidential majority are La Relance (circulation of 43,780), Orety (36,270) and L’Union, the government daily. On the opposition side: Le Bûcheron (305,140), La Clé (4,900), Le Scorpion (8,000) and Le Progressiste (35,660). La Griffe (191,340) claims to be independent. The newspapers are not very highly professionalized and are often sued, mainly for libel. In July 2000, the satirical weekly paper La Griffe was authorised for publication by the National Communication Council despite being subject to a two-year ban.