IPU PARLINE database: GABON (Assemblée nationale), Oversight

Parliament name (generic / translated)

Parlement / Parliament

Structure of parliament

Bicameral

Chamber name

Assemblée nationale

Related chamber (for bicameral parliaments)

Sénat / Senate

Type of political regime

semi-presidential

Notes

The President of the Republic is the Head of State (Article 8 of the Constitution). He guards respect for the Constitution and by his arbitraty power ensures the sound functioning of the state authorities as well as the continuity of the State.

Head of the executive

President of the Republic

Notes

The President decides on national policy in consultation with the Government. He is the supreme holder of executive power, which he shares with the Prime Minister. The Prime Minister is the head of the Government.

Method for appointing the executive

The President is elected by universal direct suffrage (Article 9 of the Constitution). He may be re-elected without limitation. The President appoints the Prime Minister and upon the latter's proposal appoints the other members of the Government and dismisses them from office (Article 15 of the Constitution).

Term of office of the executive and coincidence with the term of the legislature

The President is elected for seven years (Article 9 of the Constitution), and deputies are elected for five years (Article 35 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

Yes

The members of the Government are selected from within as well as outside the parliament. However, the functions of parliamentarians and members of the Government may not be held concurrently. Having been appointed to the Government a parliamentarian no longer sits in the parliament, where he/she is replaced by his/her substitute.

Dissolution of Parliament

Yes

Circumstances

The National Assembly may be dissolved before its mandate has expired. The President may, after consulting with the Prime Minister and the Presidents of the Senate and the National Assembly, announce the dissolution of the National Assembly (Article 19 of the Constitution). The Senate may not be dissolved.

Modalities

The act of dissolution is limited to twice over the course of the same presidential mandate and may not take place consecutively during the 12 months that follow the first dissolution. General elections take place at least 30 days and no more than 45 days after a decree outlining the dissolution has been published. The National Assembly meets without convocation the second Tuesday following his/her election. If this meeting takes place outside periods assigned to ordinary sessions, a session is opened without convocation for a period of 15 days. If a majority is not reached on the issue of a second dissolution, the President may announce his resignation. The President of the National Assembly then brings the action before the Constitutional Court and new presidential elections are established.

Accountability of Government to Parliament

Yes

The Government conducts national policy under the authority of and in cooperation with the President. The Government is collectively responsible to the President and to the National Assembly (Article 28 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

The legislative exercises oversight over the executive by means of interpellations and written and oral questions (Article 61 of the Constitution). One session a week is reserved for questions and answers from parliamentarians and members of the Government respectively. Questions on current issues may be the object of governmental interpellations, even during extraordinary parliamentary sessions. The executive is required to supply the parliament with every component of the information asked of it on its management and activities. Written questions may be turned into an oral question with debate. One session a week is devoted to examining oral questions on current issues.

Government reports to Parliament

Not available

Measures

Vote of confidence on Government programs and/or legislative proposals

After the nomination and deliberation of the Council of Ministers, the Prime Minister presents his/her general political programme to the National Assembly, which culminates in a debate followed by vote of confidence (Article 28a of the Constitution). In addition, after the Council of Ministers has deliberated, the Prime Minister may engage the responsibility of the Government before the National Assembly by challenging it either on a general political declaration or on the voting of a legal provision (Article 63 of the Constitution).

Motions of censure and votes of no confidence (sub-report)

Circumstances

The National Assembly may implement the responsibility of the Government by voting a motion of censure (Article 64 of the Constitution).

Modalites

A motion of censure is only acceptable if it is signed by at least a quarter of the members of the National Assembly. Voting a motion of censure may only take place three days after it has been tabled. A motion of censure may only be adopted by an absolute majority of the members of the National Assembly.

Consequences

In the event of a motion of censure being rejected, its signatories are not permitted to table a new one for the remainder of the same session. When the National Assembly adopts a motion of censure or withdraws its confidence in the Prime Minister, the latter must immediately submit his/her resignation to the President. Over the past eleven years, the opposition has tabled two motions of censure, but neither was passed.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The High Court of Justice is a special select court (Article 78 of the Constitution). It judges the President in the event of perjury or high treason. The Presidents and vice-Presidents of the constituent body, the members of the Government and the members of the Constitutional Court, are criminally responsible before the High Court of Justice for acts carried out in the exercise of their office that qualified as crimes or serious offences at the time they were committed, as well as their accomplises in the case of a breach of national security.

Modalites and procedure

The President of the Republic is indicted by the parliament, decided by a two-thirds majority of its members in a public ballot. During the recess, the Prime Minister specially adopts a decree of summons for the parliament. In the second case, the matter is brought before the High Court of Justice, either by the President, or by the Presidents of the parliamentary chambers, or by the public prosecutor attached to the judicial court acting without consultation or on the appeal of all persons interested.

Consequences

The High Court of Justice decides on the dismissal of the persons concerned.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Government is under the authority of the executive power and accounts for its actions by providing components of information on its activities management that the parliament requests from it.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the governmental administration by means of hearings before the committees.

Committees of inquiry and missions to Government departments

Committees of inquiry and control are a means of parliamentary oversight over the executive. The executive is required to submit all elements of information requested of it by the parliament on the management of its activities.

Oral and written questions of parliamentarians

The legislative exercises oversight over the executive by means of interpellations and written and oral questions (Article 61 of the Constitution). One session a week is reserved for questions and answers from parliamentarians and members of the Government respectively. The executive is required to supply the parliament with every component of the information asked of it on its management and its activities. A basic law decides the conditions in which a written question may be turned into an oral question with debate. One session a week is devoted to examining oral questions on current issues.

The Government responds to oral questions immediately. The Government is required to reply within 30 days to written questions about the general running of a given service. Oral questions do not give rise to a debate except when the replies provoke further questions or again if the parliamentarians are not satisfied with the information given by the person questioned. A written question may be turned into an oral question with debate.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

Not applicable

Representation of Parliament in governing bodies of the Government administration

The National Assembly is represented in the administration councils of certain public enterprises and services (e.g. in the Awards and Training Committee).

Existence of an ombudsman

Yes

Method for appointing the executive

Method of appointment

Relationship to Parliament

The Ombudsman may seek the advice of the parliament when circumstances so require.

Consultation of Parliament in the preparation of the national budget

No

The parliament is not consulted when the national budget is being prepared, but it approves the finance bill.

Modalities of oversight

Examination of the budget / finance act by Parliament

All state resources and expenditure must be evaluated for each financial year and included in the annual finance bill submitted to the National Assembly by the Government at the opening of the second ordinary session and again on 30 October (Article 48 of the Constitution). Generally speaking, the government members appear before the Finance, Budget and Accounting Committee of the National Assembly to assess the portion of the budget allocated for the preceding financial year to their respective administrators and to account for the validity of the budgetary entries for the following financial year. Moreover, the rapporteur of the Finance Committee may ask for all the documents and information needed for this consideration to take place.

Reports on the budget / finance act by Committees

The parliament exercises oversight over the finance bill via the reports of the Finance Committee, whose activities are audited via the Court of Auditors' general report.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

Not available

Role of Parliament in national development plans

The parliament plays a major role in processing the implementation of economic development plans. The law fixes the economic and social action programmes as well as the sate objectives in economic, social, cultural and defence issues. The parliament also has a Standing Planning Committee.

Parliament's deadline for the examination and adoption of the budget / finance act

The second parliamentary session, called the budget session, lasts from September through to December. The parliament may only deliberate for 45 days after the introduction of the finance bill.

Consequences of failure by Parliament to adopt the budget / finance act

If the parliament fails to approve the budget during the budget session, the Government is authorized to renew the previous budget by ordinance. This ordinance may however predict a complete reduction in expenditure or increase in revenue. At the request of the Prime Minister the parliament is convened in extraordinary session within 15 days for a new consultation. If the parliament fails to approve the budget by the end of this extraordinary session, the budget is established definitively by ordinance adopted at the Council of Ministers and signed by the President of the Republic.

Budgetary autonomy of Parliament

Yes

The two chambers of the parliament enjoy administrative and budgetary autonomy (Article 46 of the Constitution).

Evaluation of Government spending

Parliament approves Government expenditures annually

No

The Court of Auditors assists the parliament and the Government in overseeing the implementation of the finance bill. The accounts bill, settled by the Government, must be presented to the parliament at the latest at the beginning of the first ordinary session of the second year following the implementation of the budget concerned. The parliament takes cognisance of it. However, if any anomaly is noted the parliament may question or hear the members of the Government concerned.

Parliamentary oversight of public companies

Yes

The parliament has representatives on the executive board of public companies.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Court of Auditors is responsible for overseeing public finances (Article 76 of the Constitution). To that end, it (i) guarantees oversight over the implementation of the finance bill and informs the parliament and the Government about it, (ii) checks the authenticity of the revenue and expenditure outlined in the public accounts, hence ensuring the sound use of credits, monies and other assets generated by state services or legal persons governed by public law, (iii) guarantees the auditing and management of public enterprises and organizations funded by public money, (iv) appraises the accounts of public accountants, (v) declares and audits management de facto, and (vi) sanctions failings in management committed on the part of the State, local authorities and organizations under its control.

Reports of the public auditor's office

The regulation act, settled by the Government and accompanied by the general declaration of conformity and the general report of the Court of Auditors, must be submitted to the parliament at the latest at the beginning of the first ordinary session of the second year after the financial year of the budget in question being implemented. The parliament takes cognisance of it. However, if any anomaly is noted the parliament may question or hear the members of the Government concerned.

Specialised committee

Where appropriate the parliament may exercise oversight over the implementation of the budget by means of committees of inquiry and control.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Foreign Affairs Committee is responsible for examining cases submitted to the National Assembly and relations in conducting the Government's foreign policy

Powers of the Committee

These are cases concerning foreign policy, diplomacy, treaties and international agreements, national defence, cooperation agreements and others.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in inter-governmental meetings at the Government's request.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The parliament does not ratify agreements or treaties but authorizes the ratification of a treaty or agreement by the Head of State, on the basis of voting on a bill. In other words, the President negotiates treaties and international agreements and ratifies them after the parliament votes on a bill of authorization and the Constitutional Court verifies their constitutionality (Article 113 of the Constitution). The President and the Presidents of the Chambers of the parliament are informed of all negotiations pertaining to the conclusion of an international agreement not submitted for ratification. Peace treaties, business treaties, treaties relating to international organization, treaties which lay out state finances, those which modify provisions of a legislative nature, and those which relate to the status of persons may not be approved and ratified except by virtue of a law.

Other mechanisms for participation in foreign policy by Parliament

Foreign policy is the responsibility of the executive, but besides the means mentioned, the parliament exercises oversight over the actions of the Government by means of parliamentary diplomacy.

National Defence Committee (sub-report)

Functions of the Committee

All bills or proposals within its competence are brought before the Permanent Defence Committee at the behest of the President of the National Assembly.

Powers of the Committee

The Committee may hear all persons it deems useful for its information. Each case studied is drawn up in a report distributed to all deputies before the debates in plenary session.

Composition of the Committee

The composition of the Committee relicts the numerical force of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President may, when circumstances require, after deliberation by the Council of Ministers and consultation with the office of the National Assembly, announce a state of emergency or a state of siege by decree, which confers special authority on him/her (Article 25 of the Constitution). A declaration of war by the President is authorized in the National Assembly by a two-thirds majority of its members (Article 49 of the Constitution). The extension of a state of emergency or a state of siege beyond fifteen days must also be authorized by the National Assembly deciding by an absolute majority of its members.

Role of Parliament in sending troops abroad

The parliament exercises oversight over foreign policy when troupes are sent abroad.

Other mechanisms for participation in national defence policy by Parliament

Besides by the aforementioned means, the parliament participates in defence policy by questions and observations during the interpellations of the Prime Minister or the Minister of Defence.

Circumstances

The President may, when circumstances require, after deliberation by the Council of Ministers and consultation with the office of the National Assembly, announces by decree a state of emergency or state of siege, which confers special powers upon him/her (Article 25 of the Constitution). When the institutions, the independence or the superior interests of the nation, the integrity of its territory or when the implementation of its international commitments are under serious or immediate threat and the regular functioning of the constitutional public authorities is interrupted, the President adopts by ordinance, during the recess and as soon as possible, measures required by the circumstances and after official consultation with the Prime Minister, the President of the National Assembly and the Constitutional Court.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

For the duration of a state of siege or state of emergency, the parliament meets without convocation and may not be dissolved, nor may a revision of the Constitution be initiated or realized. For implementing its programme the Government may ask the parliament for authorization to adopt by ordinance, during the parliamentary recess, measures that are normally in the domain of the law. Ordinances are passed in the Council of Ministers, following the advice of the government chamber and signed by the President. They enter into force immediately they are published but must be ratified by the parliament during its first session. The parliament may modify the ordinances by means of amendments. In the absence of a bill to authorize ratification, ordinances are subject to lapse.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional court is the highest jurisdiction of the State in constitutional matters (Article 83 of the Constitution). It judges the constitutionality of bills and guarantees fundamental human rights and civil liberties. It is the regulating body of institutional functioning and public authorities' activity. The Constitutional Court has nine members bearing the title of Councillors. The term of office of councillors is five years once renewable. The nine members of the Constitutional Court are appointed as follows: (i) three nominated by the President of whom two are lawyers, including a magistrate, (ii) three are appointed by the National Assembly, of whom two are lawyers, including a magistrate, and (iii) three are appointed by the President of the Senate, of whom two are jurists, including a magistrate. The President of the Constitutional Court is elected by his/her peers.

Means and procedures

The Constitutional Court presides compulsorily over (i) the constitutionality of basic laws and laws before their promulgation, regulatory decisions that appear to infringe upon fundamental human rights and public liberties, (ii) internal regulations of the National Assembly, National Council of Communication and the Economic and Social Council, before their implementation, concerning their conformity with the Constitution, (iii) conflicts of interest between institutions of the State, and (iv) the observation of all political elections and referendum operations whose results it announces (Article 84 of the Constitution).

Basic laws are submitted to the Constitutional Court by the Prime Minister before their promulgation. Other categories of laws as well as regulatory decisions may be referred to the Constitutional Court, either by the President or by the Prime Minister, or by the Presidents of the chambers or a tenth of the members of each chamber, or by all the citizens or all legal persons harmed by the law or by the act of being punished.

A provision declared unconstitutional may not be promulgated or applied. If the Court declares that a bill in question contradicts the Constitution, this bill ceases to hold effect in judging a decision. The decisions of the Constitutional Court are not subject to any recourse. They apply to public authorities, to all administrative and juridical authorities and to all legal or natural persons. Each year the Constitutional Court presents an activity report to the President and the Presidents of the chambers. In this instance it may appeal to the public authorities on making its decisions about legislative and regularity matters.

Evaluation of laws

No

The seven committees of the National Assembly examine the parliamentary bills emanating from the Government with a view to making them more in check with reality.

Measures

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