GENERAL
A new Constitution with questionable intentions
The revision of Gabon’s constitution began with an appeal to the population. 38.140 proposals were brought by citizens on various issues. In a presidential decree published on 8th March 2024, the national dialogue, due to give shape to the new Constitution, was scheduled for 2nd to 30th April 2024. On 14th March 2024, a group of major political parties, trade unions and civil society organisations contested the organisation and format of the national dialogue and called for its postponement. They denounced the selection of participants, decided by the general Nguema. They saw this as “interference in the independence of parties and associations” and feared a “locked meeting”. The dialogue took place, with 600 panelists divided between 12 sub-committees.
Once the recommendations of this dialogue were known and a draft circulated, opponents expressed concern over an excessive centralisation of power. The National Coalition for the Defence of the Constitution (CNDC) expressed a series of concerns. The Coalition includes Tournons La Page Gabon (TLP-Gabon), the Réseau des organisations libres de la société civile du Gabon (ROLBG), the Conseil national de la société civile (CONASC), the Gabonese coalition of the Réseau des défenseurs des droits humains en Afrique centrale (REDHAC) and the Coalition de la société civile gabonaise (CSCG). The Coalition first cast doubt on the sincerity of the constitutional referendum, as calls to vote ‘YES’ came from political figures involved in the transitional institutions even before the new constitutional text existed. It then made a series of proposed amendments regarding the rights of indigenous people and women, or additional safeguards for more transparency and accountability of the country’s highest leaders. Another series of amendments submitted by civil society related to the conditions of eligibility and removal of the State President.
On 16th November 2024, 92% of voters backed the new constitution. According to the Committee for the Transition and Restoration of Institutions (CTRI), voter turnout was estimated at 54%. No major incidents were reported during voting day and the Citizens’ Observer Network (CON), a platform of local associations supported by the United Nations, was satisfied by their observation mission.
Among the novelties, but also the concerns, are the introduction of a presidential system without a prime minister and a seven-year presidential term renewable only once, as well as the provision entitling only people born of a Gabonese mother and father to stand in the presidential election. Under this Constitution, coup leader General Nguema could run for president, with excessive powers in the opinion of critics.
Of particular interest for the Monitor are:
Civil society is one of the components of the expression of pluralist and participatory democracy. It contributes to democratic, economic, social, religious, environmental and cultural development.
- Article 7 of the new Gabonese Constitution:
Article 14: “The State shall guarantee citizens equal access to information. Everyone has the right to freedom of opinion, expression, communication and the press. They shall exercise their right to access and disseminate information, whatever the medium. Access to administrative documents is open to all citizens. All citizens have the right to know the information contained in the files, archives or computer registers concerning them, to be informed of the purposes for which they are intended and to demand that this data be rectified or updated, under the conditions laid down by law.
Article 21 guarantees freedom of association.
According to Article 22, citizens have the right to assemble freely, but gatherings or demonstrations in public places must be authorised under the conditions laid down by law.
The National Coalition for the Defence of the Constitution had suggested an amendment to this provision, as the pretext of disturbing public order has often been used by the Gabonese authorities to restrict civic space. They had wished for freedom of assembly to exist without the need for an authorisation.
Another issue of concern relates to the rights of LGBTQ+ (see below).
The next step will be to hold a presidential election, currently scheduled for August 2025.
EXPRESSION
Despite General Nguema’s announced commitment to supporting the press, the emergence of a free and independent press remains elusive. According to RSF, this is mainly due to the harsh sanctions imposed by the media regulator.
Activist arrested
On 19th July 2024, Cameroonian activist Yves Kibouy Bershu, known as Ramon Cotta or Steve Akam, was arrested in Libreville without a warrant. Cotta was living in Gabon and has posted videos on TikTok critical of the Cameroonian government. Videos of Ramon Cotta posted on social media and reviewed by Amnesty International were mainly limited to criticism of the Cameroonian authorities and the Cameroonian embassy in Gabon. He was transferred to Cameroon on 23rd July 2024 without any known legal or diplomatic procedure, according to his lawyers. The Réseau des défenseurs des droits humains en Afrique centrale (REDHAC) refers to a “completely illegal” procedure, on the fringes of international conventions that protect exiles who are exposed to reprisals in their country of origin. Held at the Central Judicial Research Department of the Secretary of State for Defence in Yaoundé, he was only able to meet his lawyers a month after his arrest. According to them, he is charged with acts of terrorism, insurrection, financing terrorism, arms trafficking and insulting the President and members of the government. When they were finally able to meet him, his lawyers noted the physical after-effects of acts of torture suffered in detention.
Arrest of minor for damaging the image of the Head of State
On 23rd September 2024, a 15-year-old boy was held in police custody in Port-Gentil, for posting a video on Facebook of himself wiping his bottom with a T-shirt bearing the image of the President of the Transition, General Brice Clotaire Oligui Nguema. His head was summarily shaved, and at the office of the governor of Moyen-Ogooué province he apologised to General Nguema. The teenager was charged with damaging the image of the Head of State.
ASSOCIATION
Detention and humiliation of eight trade unionists
On 11th December 2023, members of the SYPEG and SYNTEE+ unions were summoned to the Directorate-General for Counter-Interference and Military Security and detained for three days. On 8th December 2023, the water and energy company announced that the employees would not receive their traditional 13th month’s pay. Incidents broke out at the company's head office, with employees also announcing a strike. The President of the transition did not appreciate this and threatened to use his intelligence services to obtain files on the union members and to “look for them house by house”. A group of trade unionists published a video claiming that President Oligui Nguema had put their lives in danger. They were then summoned by military intelligence and questioned on 11th December 2023. Eight trade unionists, including two women, were detained there for three days. They were shaved, and on the day of their release they were taken to Camp Baraka, the stronghold of the armoured regiment, and were obliged to sing the national anthem and stand to attention at the parade. The trade unionists are accused of kidnapping their bosses and damaging company property but no formal charges have been brought against them.
Disappearances of two trade unionists
On 1st March 2024, after taking part in a meeting with the Minister for the Civil Service, two trade unionists, both civil servants in the national education system, went missing. Alain Mouangouadi and Thierry Nkoulou discussed the teachers’ demands for payment of arrears, advancement and reclassification. The next day, the General Meeting of Gabon’s teachers’ unions was taking place and the two teachers were absent. The teachers decided to stage a sit-in in front of the Ministry of Education on 4th March 2024.
ASSEMBLY
Curfew remains
More than eight months since the coup in Gabon that toppled former president Ali Bongo in December 2023, the curfew is still in force, even though it has been relaxed. Restaurants, bars and nightclubs must close by 2 am, and everyone must be at home or risk arrest. The majority of Gabonese people are calling for this measure to be lifted outright. The government announced a suspension of the curfew from 30th to 31st August 2024 as part of the celebrations to mark the first Liberation Day. The curfew was tightened on 16th November 2024 during the electoral process. Curfew hours have been changed from midnight to 5am. The decree, read on Gabon 24 public television, did not specify whether the reinforcement period would run until the publication of the provisional results or the final proclamation by the Constitutional Court.
@gabon24_tv 🔴 𝐂𝐎𝐌𝐌𝐔𝐍𝐈𝐐𝐔𝐄́ du ministère de la Défense : réaménagement des horaires du couvre-feu de 24h à 5h du matin. #gabon🇬🇦 #gabon #gabontiktok🇬🇦 ♬ son original - Gabon24
Pupils demonstrate against stricter conditions for scholarships
On 8th January 2024, hundreds of pupils took to the streets in Libreville, Koula Moutou, Franceville and Moanda to protest against a tightening of the conditions for awarding scholarships to secondary school pupils. As the scholarships were about to be made, the Education Minister announced that an average grade of 12/20 at collège and 11/20 at lycée would now be required to obtain it, instead of 10/20.
Remembrance ceremony for victims of capsized ferry
A remembrance ceremony was held on 9th March 2024, one year after the Esther Miracle ferry capsized off the coast of Gabon and killed 30 people. Several members of the government, including Prime Minister Raymond Ndong Sima, took part in the commemoration. According to RFI, their presence was welcomed by the victims, who say they feel forgotten at times. They are calling for a memorial.
LGBTQ+ rights
The new Constitution (see above) reaffirms the traditional definition of marriage, defining it in its Article 25 as “the union between two persons of the opposite sex”. As such, it does not roll back the decriminalisation of homosexual relations adopted in 2020. However, activists note with concern that Article 169 of the new Constitution forbids that the definition of marriage as the union between two persons of the opposite sex be revised.
LGBTQ+ people had denounced their exclusion from the national dialogue in March as well as an increase in assaults and discrimination against LGBTQ+ people.