Gabon



Constitutional structure and position of IHL in domestic legislation

The Gabonese Republic has a presidential system. Executive power is vested in the President (head of state), who is elected by universal suffrage, and exercised by the Prime Minister and his government. The bicameral Parliament, made up of the Senate and the National Assembly, holds legislative power.

Article 113 provides that the President shall ratify international treaties and agreements, with the approval of Parliament, after the Constitutional Court has ruled on their constitutionality. Article 114 stipulates that peace treaties, trade agreements and agreements relating to international organization, committing the finances of the State, modifying national legislation or concerning the status of persons can be approved and ratified only by means of a law. Any cession, exchange or annexation of territory must be approved by the people of Gabon in a referendum. Treaties and agreements are part of the internal legal order only once they have been duly ratified and published by the President, who guarantees respect for all treaties and agreements (art. 8).

In February 1965, the President of the Gabonese Republic sent a letter to the Swiss Confederation declaring that Gabon was party to the four Geneva Conventions of 12 August 1949 by virtue of the ratification of those instruments by France on 28 June 1951. The Geneva Conventions came into force for Gabon retroactively on 17 August 1960, the date on which the country became independent. Gabon ratified both Additional Protocols of 1977 on 8 April 1980.

Full text of the Constitution: Constitution Gabon - FR.pdf