IPU PARLINE database: GABON (Sénat), Mandate

Parliament name (generic / translated)

Parlement / Parliament

Structure of parliament

Bicameral

Chamber name (generic / translated)

Sénat / Senate

Related chamber (for bicameral parliaments)

Assemblée nationale / National Assembly

Nature of the mandate

· Free representation (Art. 39 (1) of the Constitution of 26 March 1991, with the amendments of 18.03.1994 and 22.04.1997, Art. 58 (1) of the Standing Orders of the Senate)

Start of the mandate

· As of the first working day following the fifteenth day after the election of the Members of the Senate (Art. 40 (1) of the Constitution, Art. 3 (1) of the Standing Orders)

Validation of mandates

· Validation by the Constitutional Court (Art. 84 (1) (d) of the Constitution only in case of challenge
· Procedure (Art. 84 (1) (d) and (2) and 92 of the Constitution)

End of the mandate

· On the day when the legal term of the House ends (Art. 35 (3) of the Constitution)

Can MPs resign?

Yes

· Yes, of their own free will· Procedure: Parliament seizes the party of the Senator in question or, if he is independent, the Board of his parliamentary group· Authority competent to accept the resignation: the Board of the Senate

Can MPs lose their mandate?

Yes

(a) Revocation before expiry of mandate by the party: in case of exclusion or resignation in the statutory conditions of his party
(b) Loss of mandate by judicial decision:
- In case of final sentencing after lifting of immunity
- In case of annulment of an election or establishment of an irregularity by the Constitutional Court (Art. 7 (2) of the Standing Orders; see Validation of mandates)

Rank in hierarchy

· Within Parliament:
1. Board members
2. Chairpersons of standing committees
3. Leaders of parliamentary groups
· Outside Parliament: the official order of precedence ranks the President of the Senate in the 3rd position

Indemnities, facilities and services

· Diplomatic passport (Art. 108 (3) of the Standing Orders)· Basic salary: CFA francs 1,700,000 + Sovereignty fund: CFA francs 10,000,000
· Tax exemption for sessional allowances
· Special pension scheme under discussion
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official housing, official car and security guards depending on responsibilities exercised
(d) Travel and transport

Obligation to declare personal assets

No

Parliamentary immunity - parliamentary non-accountability

· The concept exists (Art. 38(1) of the Constitution, Art. 71(1) of the Standing Orders).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 50, 62 (1), 63, N°3, 65 (1), N°3 to (5) of the Standing Orders; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.

Parliamentary immunity - parliamentary inviolability

· The concept exists (Art. 38 (2) of the Constitution, Art. 71 (2) of the Standing Orders).
· It applies only to criminal proceedings, covers all offences with the exception of particularly serious infractions or minor offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in cases of flagrante delicto, authorised prosecution or final sentencing, the authorisation of the Board of the Senate is not necessary.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art, 38 (2) of the Constitution, Art. 71 (2) of the Standing Orders):
- Competent authority: the Board of the Senate
- Procedure (Art. 38 (3) of the Constitution, Art. 71 (3) and 72 of the Standing Orders). In this case, MPs can be heard. They have means of appeal.
· Parliament can subject the prosecution and/or detention to certain conditions):
- Competent authority:
- Procedure:
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 38 (3) of the Constitution, Art. 71 (3) of the Standing Orders):
- Competent authority: the Board of the Senate
- Procedure (Art. 38 (3) of the Constitution, Art. 71 (3) and 72 of the Standing Orders)
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.

Training

· There is no training/initiation process on parliamentary practices and procedures for MPs.· There is no handbook of parliamentary procedure.

Participation in the work of the Parliament

· It is compulsory for MPs to be present at plenary sittings and committee or other meetings (Art. 31 (1) and 40 (4) of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 31 (2) of the Standing Orders): disciplinary measures (see Discipline), suspension of the sessional allowance
· Body competent to judge such cases/to impose penalties:

Discipline

· The rules governing discipline within Parliament are contained in Art. 48, 50, 51 (1), 54 and 61 to 67 of the Standing Orders.
· Disciplinary measures foreseen (Art. 61 of the Standing Orders):
- Call to order (Art. 62 (1) and (2) of the Standing Orders)
- Call to order with entry in the record (Art. 62 (3) of the Standing Orders)
- Censure (Art. 63 and 66 of the Standing Orders)
- Censure with reduction or forfeiture of the sessional daily allowances or suspension of the monthly salary (Art. 64 and 66 of the Standing Orders)
- Censure with temporary exclusion and possibly non-payment of daily allowances (Art. 65 and 66 of the Standing Orders)
- Withdrawal of the floor (Art. 51 (1) and 54 (2) of the Standing Orders
- Warning for irrelevance (Art. 54 (1) of the Standing Orders) Suspension or lifting of the sitting (Art. 65 (3) and 67 (1) and (4) of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 50, 62 (1), 63, N°3, 65 (1), N° 3 to N° 5 of the Standing Orders): call to order, call to order with entry in the record; censure; censure with reduction or forfeiture of the sessional daily allowances or suspension of monthly salary; censure with temporary exclusion and possibly non-payment of the daily allowances
- Indictable acts (Art. 67 of the Standing Orders): briefing of the Senate; order to leave the room and obligation to remain on the premises; lifting of the sitting
- Uproar (Art. 67 (4) of the Standing Orders): lifting of the sitting
· Competent body to judge such cases/to impose penalties (Art. 48 of the Standing Orders):
- Call to order, call to order with entry in the record, offence or insult, withdrawal of the floor, warning for irrelevance, suspension or lifting of the sitting, indictable acts, uproar: the President
- Censure, censure with reduction or forfeiture of sessional daily allowances or suspension of monthly salary, censure with temporary exclusion and possibly non-payment of daily allowances, offence or insult: the Senate on a proposal by the Chairman of the sitting
· Procedure:
- Call to order, offence or insult (Art. 62 (1) and (2) of the Standing Orders)
- Call to order with entry on the record, offence or insult (Art. 62 (3) of the Standing Orders)
- Censure, censure with reduction or forfeiture of the sessional daily allowances or suspension of monthly salary, offence or insult (Art. 66 of the Standing Orders)
- Censure with temporary exclusion and possibly non-payment of daily allowances, suspension of the sitting, offence or insult (Art. 65 (2) to (5) and 66 of the Standing Orders)
- Withdrawal of the floor, warning for irrelevance (Art. 51 (1) and 54 of the Standing Orders)
- Indictable acts, uproar, suspension or lifting of the sitting (Art. 67 of the Standing Orders)

Code (rules) of conduct

· This concept exists in the country's juridical system. There is a customary code of conduct.
· Penalties foreseen for violation of the code of conduct: imposed on a case-by-case basis
· Competent body to judge such cases/to impose penalties: the parliamentary bodies
· Procedure:

Relations between MPs and pressure group

· There is a legal provision in this field (Art. 23 of the Standing Orders; ban on the establishment, within the Senate, of groups for the defence of special ethnic, provincial, religious or professional interests).

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