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加蓬共和国宪法

CONSTITUTION OF THE GABONESE REPUBLIC
Adopted on 26 March 1991,
Amended on 22 April 1997
...
PREAMBLE
The Gabonese people, conscious of their responsibility before history, animated by the willingness to assure their independence and their national unity, to organise the common life according to the principles of national sovereignty, multi-party democracy, social justice, and republican legality;
Solemnly affirm their adherence to human rights and the fundamental liberties such as they result from the Declaration of the Rights of Man and the Citizen of 1789 and the Universal Declaration of Human Rights of 1948, consecrated by the African Charter on Human and Peoples' Rights of 1981, and by the National Charter of Liberties of 1990;
Solemnly proclaim their adherence to profound and traditional social values, to the cultural patrimony, material and spiritual, to the respect of liberties, rights and duties of the citizen.
In virtue of these principles and of those of the sovereignty of the people, they adopt the present Constitution.
PRELIMINARY TITLE: PRINCIPLES AND FUNDAMENTAL RIGHTS
Article 1
The Gabonese Republic shall recognise and guarantee the inviolable and imprescriptible human rights which necessarily constrain public powers.
1) Each citizen has the right to the free development of his person, but respecting the rights of others and public order. No one shall be humiliated, mistreated, or tortured, especially when he is in a state of arrest or imprisonment.
2) Freedom of conscience, thought, opinion, expression, communication, and the free practise of religion shall be guaranteed to all, under the reservation of respect of public order.
3) Freedom of movement in the interior of the territory of the Gabonese Republic, to exit it and to re-enter it, shall be guaranteed to all Gabonese citizens, under the reservation of respect of public order.
4) The right to a defence, in the judicial process, shall be guaranteed to all; preventative detention shall not exceed the time allocated by the law.
5) The secrecy of correspondence, and postal, telegraphic, telephonic, and telematic communications shall be inviolable. Restriction of this inviolability shall only be ordered in application of the law, for reasons of public order and the security of the state.
6) The limits of the usage of information systems for the safeguard of man, the personal and familial privacy of persons, and the full exercise of their rights, shall be fixed by law.
7) Each citizen shall have the right to work and the right to obtain employment. No one shall be impaired in his work by reason of his origins, his sex, his race, or his opinions.
8) The state, subject to its resources shall guarantee to all, notably to the child, the mother, the handicapped, to aged workers and to the elderly, the protection of health, social security, a preserved natural environment, rest and leisure.
9) Every Gabonese citizen sojourning or residing abroad shall benefit from the protection and the assistance of the state, under conditions fixed by national law or international accords.
10) Every person, individually as well as collectively, shall have the right to property. No one shall be deprived of his property, except when public necessity, legally declared, demand it and under the condition of a just and prior compensation; however, the expropriations of immovables engaged in for the cause of public utility, for the insufficiency or absence of productive use, and regarding unregistered properties, shall be regulated by law.
11) Every Gabonese shall have the right to freely fix his domicile or residence in any area of the national territory and to there exercise all activities, under the reservation of respect of public order and of the law.
12) The domicile is inviolable. It shall only be ordered to be searched by a judge or by other authorities designated by the law. Searches shall only be executed in the forms provided for herein. Measures touching upon the inviolability of the domicile or limiting it shall only be taken in order to prepare for collective dangers or to protect public order from imminent menaces, notably in order to fight against the risks of epidemic or in order to protect persons in danger.
13) The right to form associations, political parties or formations, syndicates, societies, establishments for social interests as well as religious communities, shall be guaranteed to all under conditions fixed by law; religious communities shall conduct and administrate their affairs in an independent manner, under reserve of respect of the principles of national sovereignty, public order and the preservation of the moral and mental integrity of the individual. Political associations, parties or formations, syndicates, societies, establishments for social interests as well as religious communities of which the activities are contrary to law, or to the good relations of ethnic groups or ensembles, may be prohibited according to the terms of the law. Any act of racial, ethnic, or religious discrimination as well as any regionalist propaganda capable of touching the internal or external security of the state or the integrity of the Republic shall be punished by law.
14) The family is the basic natural unit of society; marriage is the legitimate support of it. They shall be placed under the particular protection of the state.
15) The state shall have the duty to organise a general census of the population every ten years.
16) The support to be given to children and their education constitute, for parents, a natural right and duty which they shall exercise under the surveillance and with the aid of the state and public entities. Parents shall have the right, in the area of scholarly obligation, to decide upon the moral and religious education of their children. The children shall have, vis-a-vis the state, the same rights concerning assistance as well as their physical, intellectual and moral development.
17) The protection of the young against exploitation and against moral, intellectual and physical abandon, shall be an obligation for the state and public entities.
18) The state shall guarantee equal access of the child and the adult to instruction, to professional education and to culture.
19) The state shall have the duty to organise public education on the principle of religious neutrality and, subject to its resources, freely granting of diplomas shall be the prerogative of the state. However, freedom of education shall be guaranteed to all. Any person may open a pre-school, primary, secondary, superior establishment or a university, under conditions fixed by the law. The law shall fix the conditions of participation of the state and public entities in the financial obligations of private educational institutions, recognised as serving the public need. In public educational establishments, religious instruction may be dispensed to students upon the demand of their parents, under conditions determined by regulations. The law shall fix the conditions of operation of private educational institutions taking into account their specificity.
20) The nation shall proclaim the solidarity and equality of all before the public charges; everyone shall participate, in proportion to his resources, to the financing of public expenses. The nation shall proclaim in addition the solidarity of all before the charges which result from natural and national calamities.
21) Each citizen shall have the duty to defend the fatherland and the obligation to protect and respect the Constitution, the laws and the regulations of the Republic.
22) The defence of the nation and the safeguard of public order shall be essentially assured by the national defence and security forces. In consequence, no person, no group of persons may constitute itself in private militia or paramilitary grouping; the national defence and security forces shall be at the service of the state. In times of peace, the Gabonese Armed Forces may participate in the work of economic and social development of the nation.
23) No one shall be arbitrarily detained. No one shall be kept under watch or placed under a warrant for arrest if he presents sufficient guarantees of representation, under rCONSTITUTION OF THE GABONESE REPUBLIC
Adopted on 26 March 1991,
Amended on 22 April 1997
...
PREAMBLE
The Gabonese people, conscious of their responsibility before history, animated by the willingness to assure their independence and their national unity, to organise the common life according to the principles of national sovereignty, multi-party democracy, social justice, and republican legality;
Solemnly affirm their adherence to human rights and the fundamental liberties such as they result from the Declaration of the Rights of Man and the Citizen of 1789 and the Universal Declaration of Human Rights of 1948, consecrated by the African Charter on Human and Peoples' Rights of 1981, and by the National Charter of Liberties of 1990;
Solemnly proclaim their adherence to profound and traditional social values, to the cultural patrimony, material and spiritual, to the respect of liberties, rights and duties of the citizen.
In virtue of these principles and of those of the sovereignty of the people, they adopt the present Constitution.
PRELIMINARY TITLE: PRINCIPLES AND FUNDAMENTAL RIGHTS
Article 1
The Gabonese Republic shall recognise and guarantee the inviolable and imprescriptible human rights which necessarily constrain public powers.
1) Each citizen has the right to the free development of his person, but respecting the rights of others and public order. No one shall be humiliated, mistreated, or tortured, especially when he is in a state of arrest or imprisonment.
2) Freedom of conscience, thought, opinion, expression, communication, and the free practise of religion shall be guaranteed to all, under the reservation of respect of public order.
3) Freedom of movement in the interior of the territory of the Gabonese Republic, to exit it and to re-enter it, shall be guaranteed to all Gabonese citizens, under the reservation of respect of public order.
4) The right to a defence, in the judicial process, shall be guaranteed to all; preventative detention shall not exceed the time allocated by the law.
5) The secrecy of correspondence, and postal, telegraphic, telephonic, and telematic communications shall be inviolable. Restriction of this inviolability shall only be ordered in application of the law, for reasons of public order and the security of the state.
6) The limits of the usage of information systems for the safeguard of man, the personal and familial privacy of persons, and the full exercise of their rights, shall be fixed by law.
7) Each citizen shall have the right to work and the right to obtain employment. No one shall be impaired in his work by reason of his origins, his sex, his race, or his opinions.
8) The state, subject to its resources shall guarantee to all, notably to the child, the mother, the handicapped, to aged workers and to the elderly, the protection of health, social security, a preserved natural environment, rest and leisure.
9) Every Gabonese citizen sojourning or residing abroad shall benefit from the protection and the assistance of the state, under conditions fixed by national law or international accords.
10) Every person, individually as well as collectively, shall have the right to property. No one shall be deprived of his property, except when public necessity, legally declared, demand it and under the condition of a just and prior compensation; however, the expropriations of immovables engaged in for the cause of public utility, for the insufficiency or absence of productive use, and regarding unregistered properties, shall be regulated by law.
11) Every Gabonese shall have the right to freely fix his domicile or residence in any area of the national territory and to there exercise all activities, under the reservation of respect of public order and of the law.
12) The domicile is inviolable. It shall only be ordered to be searched by a judge or by other authorities designated by the law. Searches shall only be executed in the forms provided for herein. Measures touching upon the inviolability of the domicile or limiting it shall only be taken in order to prepare for collective dangers or to protect public order from imminent menaces, notably in order to fight against the risks of epidemic or in order to protect persons in danger.
13) The right to form associations, political parties or formations, syndicates, societies, establishments for social interests as well as religious communities, shall be guaranteed to all under conditions fixed by law; religious communities shall conduct and administrate their affairs in an independent manner, under reserve of respect of the principles of national sovereignty, public order and the preservation of the moral and mental integrity of the individual. Political associations, parties or formations, syndicates, societies, establishments for social interests as well as religious communities of which the activities are contrary to law, or to the good relations of ethnic groups or ensembles, may be prohibited according to the terms of the law. Any act of racial, ethnic, or religious discrimination as well as any regionalist propaganda capable of touching the internal or external security of the state or the integrity of the Republic shall be punished by law.
14) The family is the basic natural unit of society; marriage is the legitimate support of it. They shall be placed under the particular protection of the state.
15) The state shall have the duty to organise a general census of the population every ten years.
16) The support to be given to children and their education constitute, for parents, a natural right and duty which they shall exercise under the surveillance and with the aid of the state and public entities. Parents shall have the right, in the area of scholarly obligation, to decide upon the moral and religious education of their children. The children shall have, vis-a-vis the state, the same rights concerning assistance as well as their physical, intellectual and moral development.
17) The protection of the young against exploitation and against moral, intellectual and physical abandon, shall be an obligation for the state and public entities.
18) The state shall guarantee equal access of the child and the adult to instruction, to professional education and to culture.
19) The state shall have the duty to organise public education on the principle of religious neutrality and, subject to its resources, freely granting of diplomas shall be the prerogative of the state. However, freedom of education shall be guaranteed to all. Any person may open a pre-school, primary, secondary, superior establishment or a university, under conditions fixed by the law. The law shall fix the conditions of participation of the state and public entities in the financial obligations of private educational institutions, recognised as serving the public need. In public educational establishments, religious instruction may be dispensed to students upon the demand of their parents, under conditions determined by regulations. The law shall fix the conditions of operation of private educational institutions taking into account their specificity.
20) The nation shall proclaim the solidarity and equality of all before the public charges; everyone shall participate, in proportion to his resources, to the financing of public expenses. The nation shall proclaim in addition the solidarity of all before the charges which result from natural and national calamities.
21) Each citizen shall have the duty to defend the fatherland and the obligation to protect and respect the Constitution, the laws and the regulations of the Republic.
22) The defence of the nation and the safeguard of public order shall be essentially assured by the national defence and security forces. In consequence, no person, no group of persons may constitute itself in private militia or paramilitary grouping; the national defence and security forces shall be at the service of the state. In times of peace, the Gabonese Armed Forces may participate in the work of economic and social development of the nation.
23) No one shall be arbitrarily detained. No one shall be kept under watch or placed under a warrant for arrest if he presents sufficient guarantees of representation, under r

加蓬共和国宪法.pdf