This Monday, September 13, 2021, under the Very High Presidency of His Excellency Ali BONGO ONDIMBA, President of the Republic, Head of State, the Council of Ministers met from 10 am by videoconference.
The Minister of State presented to the Council of Ministers, which adopted them the following four (4) draft ordinances:
Pursuant to the provisions of Articles 13, 13a of the Constitution, this draft ordinance determines the composition, organization and functioning of the College called upon to act as the President of the Republic in the event of a vacancy in power, definitive impediment or temporary impediment in one and the same organic law.
The project deals with the powers devolved to the College, its functioning, of which the President of the National Assembly presides over the meetings, the decision-making mode by retaining consensus as the principle and, failing that, the use of a two-thirds majority. members of the body.
Taken in application of the provisions of articles 10, 52 and 78 of the Constitution, this ordinance fixes the conditions of eligibility of the President of the Republic and the incompatibilities with the office of President of the Republic.
Under this text, the conditions of eligibility of the President of the Republic are thus taken into account, the provisions of Articles 13 and 13a of the Constitution establishing a College responsible for acting as the President of the Republic in the event of vacancy of power, temporary or definitive impediment of the holder.
Thus, under the terms of Article 2 of the said text, all Gabonese of both sexes, enjoying their civil and political rights and having resided continuously on the national territory in the country, are eligible for the Presidency of the Republic.
The territoriality thus indicated also relates to Gabonese posted to diplomatic missions and international organizations of which Gabon is a member.
The text also states that any Gabonese benefiting from another nationality who has exercised political or administrative responsibilities in another state cannot stand as a candidate.
The present draft ordinance reflects the need to absorb the exceptional increase in disputes which encumber the courts.
Also, taken in application of the provisions of articles 47 and 52 of the Constitution, this
ordinance redefines the missions devolved to the Mediature of the Republic placed under the supervision of the Vice-President of the Republic as well as the procedure applicable before it.
For the purposes of this text, the Mediature of the Republic provides to Administrations, Local Authorities, Public Establishments and all other bodies invested with a public service mission, the functions of mediation, consultation, protection and promotion of rights.
For its operation, the Mediature now includes, in addition to the Mediator of the Republic and his deputy, delegated Mediators assisted by specialists in the fields necessary for the effectiveness of the Mediature’s action. It is also made up of a Standing Committee, henceforth set up as a deliberative organ.
The ordinance indicated is made in accordance with the provisions of Articles 47 and 52 of the Constitution.
At the end of the provisions of the said text, the High Commission of the Republic is an organ which assists the President of the Republic in the evaluation, monitoring and implementation of his political action.
The High Commission of the Republic is thus attached to the President of the Republic to whom the members report directly.
Upon presentation of the Minister, the Council of Ministers adopted the following two (2) draft texts:
The present ordinance which, among other things, modifies the denomination, in Sovereign Fund of the Gabonese Republic, aims mainly to strengthen the financial capacity, through the allocation of new resources to its minimum capital.
In respect of new resources, it should be noted a share of the annual amount of the Provision for Diversified Investment (PID) and the Provision for Investment in Hydrocarbons (PIH), Dividends from holdings held by the State, Remuneration of escrow savings within the framework of provisions for the rehabilitation of oil and mining sites and additional budgetary revenue.
Taken in application of article 3 of law n ° 11/82 of January 24, 1983 on the legal regime of public establishments, State companies, mixed economy companies and companies with public financial participation, this decree aims to provide the Gabonese Strategic Investments Fund (FGIS) with statutes to govern its organization and operation.
At the end of the presentation of the Minister, the Council of Ministers ratified the draft decree fixing the modalities for the exercise of work of general interest in the Gabonese Republic.
This decree, made in application of the provisions of article 21-2 of law n ° 006/2020 of June 30, 2020 amending law n ° 042/2018 of July 5, 2019 on the Penal Code of the Gabonese Republic, aims to offer the trial courts, in the event of the guilt of the accused, the possibility of condemning a sentence of community service which is one of the alternatives to imprisonment and a fine.
The sentencing of community service, which applies only to offenses and contraventions, could thus contribute to the decongestion of prisons and the reintegration of offenders.
At the presentation of the Minister, the Council of Ministers adopted the draft ordinance relating to climate change.
Indeed, this draft text which sets the legal framework applicable to climate change, materializes Gabon’s commitments at the international level and particularly the provisions of the Paris Agreement in the fight against the effects of climate change. These commitments are notably included in the National Climate Plan and the Nationally Determined Contribution in which our country is committed to maintaining carbon neutrality by 2050.
The order in question also provides for the creation of a Fund intended to finance policies to combat and adapt to climate change.
At the end of the presentation of the Minister, the Council of Ministers gave its agreement to the organization, in Libreville, with the support of CEMAC, UNCTAD and the Institute of the Economy and Finance Pole regional, popularization seminars, in the premises of the Institute of Economy and Finance, from September 14 to December 01, 2021, of four (4) following new community texts:
To this end, the ministerial departments, Parliament, employers and civil society concerned by the said seminars will be scheduled according to a defined agenda.
The Minister presented to the Council of Ministers, which approved it, the direct negotiation procedure, in preparation for the signing of the Agreement for the delegation of the public service for the production, distribution and marketing of drinking water and electrical energy between the State and SEEG.
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