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16 November 2024 | ||||||||||||||||||||||
Do you accept a new constitution for the Gabonese Republic? | ||||||||||||||||||||||
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 Results by province For: 60-70% 80–90% >90% | ||||||||||||||||||||||
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Government
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A constitutionalreferendum was held and approved inGabon on 16 November 2024.[1] The vote was on a newconstitution;[2] it proposed, among other things, a 7-year presidential term, renewable once consecutively.[3] The referendum led to the return to a civilian regime which themilitary junta promised after thecoup d'état in 2023.[4]
After 56 years of leadership underOmar Bongo and his son,Ali Bongo, the 2023 coup brought about military rule.[5] In September 2024, a draft of the proposed new constitution was handed to transitional presidentBrice Oligui Nguema.[6] Gabon’sparliamentarians submitted their proposed amendments ahead of a 22 September deadline.[7]
The minister for institutional reform in Gabon,Murielle Minkoue Mintsa, announced that the referendum would take place on 16 November 2024.[8]
The new constitution contains 173 articles.[9] It includes apresidential system, abolishing the office ofprime minister, with thePresident of Gabon limited to two consecutive seven-year terms,[10] elected via thetwo-round system. The method of election and term of the president isentrenched. The role of the prime minister would be replaced by a new "Vice President of the Government" appointed by the President (thus meaning there would be two vice presidents in total, with the other known as the Vice President of the Republic).[11] Theworking language of Gabon will continue to beFrench,[12] but it will not be considered the state's "official language".[13]Mandatory military service would be allowed under law.[13] The new constitution would also definemarriage as a union between a man and a woman via an entrenched clause, thus permanently banningsame-sex marriage.[14] The national holiday of 17 August is complemented by a "liberation day" on 30 August in honor of the 2023 coup d'état.[15]
The initial insistence that "only people born to a Gabonese father and mother can run in the presidential election" was controversial among those ofmixed heritage.[16] This section was considered to prevent formerfirst ladySylvia Bongo Ondimba and her sonNoureddin Bongo Valentin, both of whom have dualFrench-Gabonese nationality, from standing.[17] Ultimately the requirement was amended to require a person:
Elections for the presidency must take place within 3 months of the end of the term.
The president would be allowed to call a state of emergency, under which extra powers as defined by law would be granted to them. The president may also dissolve theNational Assembly once during a term after consultation with the presidents of both chambers and theConstitutional Court, provided it has been at least two years since the start of the term and that no indictment before the High Court of Justice is opened. In this case, a new election must be called within 60 days.
Members of the government must be a Gabonese citizen born to a Gabonese parent, be at least 30 years old, and not have their political rights suspended.
The National Assembly is bicameral, consisting of the National Assembly and Senate, both serving 5 year terms, with the latter being indirectly elected.[further explanation needed] Elections must take place between one and six months before the end of the term. The term of office begins on the date the Bureaux of the two chambers are elected.[citation needed]
The Constitutional Court would consist of 9 appointed members, plusex officio members comprising former Presidents (provided they do not renounce that right and retain their political rights). The members serve eight year terms, with a maximum of two terms, and consist of three people appointed by the President, two each by the president of the National Assembly and Senate, and two by the High Council of the Judiciary. Re-elections would take place by members of the Court.[citation needed]
Wording on property ownership was included, stating that everyone has the right to property, but that "the conditions and procedures for access to property shall be determined by law", in theory enabling restrictions. Cloning of human beings would be banned. Amnesty would be granted to anyone who participated in the 2023 coup d'état.[citation needed]
The new constitution will come into force following thenext presidential election.[citation needed]
The provisional government authorized international observers to observe the referendum, something that was not permitted for the2023 Gabonese general election.[18] Ballot papers used in the referendum were color-coded, with green ballots meaning "yes" and red ones meaning "no". Around 2,835 polling stations were utilised for the procedure, which ran from 07:00 to 18:00.[9] A night-time curfew was declared for safety reasons.[19]
On 17 November, Interior MinisterHermann Immongault said that the referendum had passed with over 91% support after an estimated 53% turnout but that the final results would be announced later by theConstitutional Court.[20] On 29 November, the Constitutional Court validated the results of the referendum, definitively adopting the constitution.[21] On 19 December, the new constitution was promulgated by the president.[22]
| Choice | Votes | % | |
|---|---|---|---|
| Yes | 381,581 | 91.64 | |
| No | 34,802 | 8.36 | |
| Total | 416,383 | 100.00 | |
| Valid votes | 416,383 | 90.09 | |
| Invalid/blank votes | 45,784 | 9.91 | |
| Total votes | 462,167 | 100.00 | |
| Registered voters/turnout | 853,028 | 54.18 | |
| Source:TV Plus Afrique | |||
The President of theAfrican Union Commission,Moussa Faki Mahamat, congratulated the holding of the referendum and the return to constitutional order in Gabon.[23] The adoption of the new constitution by the population established the Second Republic.[24]
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