LEGAL FRAMEWORK

The Transition Charter established after the military coup d’etat on August 30 replaces the constitution. It defines fundamental rights and largely provides the same legal protections for religious groups as the suspended constitution, including the freedom of religion and protections against religious discrimination. The suspended constitution defines the state as secular and establishes separation of religion and state. It prohibits religious discrimination and holds all citizens equal before the law, regardless of religion. The constitution provides for freedom of conscience, the free practice of religion, and the right to form religious communities that may govern and manage their affairs independently, consistent with public order. The charter is not as expansive on religious issues as the suspended constitution; it simply states that beyond the rights and protections specifically mentioned in the charter, “religious practices must follow the law,” interpreted as other existing laws in the country’s penal code.

The charter did not change the law governing registrations. All associations, including religious groups, must register with the MOI, led by the transition president. Registered groups are eligible for exemptions from fees for land use and fees for construction permits. To register, a group must present to the MOI copies of its founding statutes and internal rules, a letter attesting to publication of these documents in the applicable local administrative bulletin, a formal letter of request for registration addressed to the MOI, a property lease, the police records of the group’s leaders, and the group’s bank statements. The registration fee is 10,000 CFA francs ($17). Registered religious groups must also provide the MOI with proof of nonprofit status to receive exemptions from local taxes and customs duties on imports. The MOI maintains an official registry of religious groups.

The suspended constitution states parents have the right to choose their children’s religious education, although the Transition Charter is silent on this issue. The state provides for public education based on “religious neutrality.” Public schools are secular and do not provide religious instruction. Catholic, Protestant, and Muslim groups operate primary and secondary schools, in which representatives of religious groups provide religious instruction. These schools must register with the Ministry of Education, which ensures they meet the same standards as public schools. The government does not fund private schools, religious or secular, although in some schools it may subsidize a portion of the teachers’ salaries.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

The coup d’etat replaced the government with the CTRI and established transition government institutions that mostly mirrored those that existed before the military takeover. Leaders of the Episcopal Conference and the High Council of Islamic Affairs reported no significant changes in their ability to engage in the full range of religious practice after the transition government took power. They noted that the country was being led by a Christian, CTRI President General Brice Clotaire Oligui Nguema, for the first time since 1973, and that Oligui was outspoken about his Christian faith. They also said there was a significant increase in references to Christianity in the speeches by CTRI officials and in official communiques. Examples included CTRI officials opening some meetings with Christian prayers, referring to Jesus Christ and quoting from the Bible in public remarks and government communiques, and some officials making the sign of the cross in public.

Religious leaders from 13 Muslim, Catholic, and Protestant groups attended a meeting with the CTRI one day after the coup d’etat, where the participants spoke about the importance of respecting Gabonese citizens and restoring their dignity. In interviews later, the religious leaders said they approved of the meeting with the CTRI and supported the military’s actions on August 30. In mid-September, local media reported that Catholic leaders said the Church cautiously welcomed the change in government and noted that it had been peaceful. One priest told the media that “ordinary people feel more secure and hopeful.” Christian and Muslim religious leaders expressed support for the CTRI’s appointment of religious representatives in the unelected transition parliament, which they viewed as better reflecting the diverse views of the population. This was the first time members of parliament were chosen specifically to represent religious faiths.

Prior to the August 30 coup d’etat, the MOI reported it continued to face trouble with “one-man operations”, individuals who attempted to register themselves as representing religious groups without justification. The MOI stated then that such individuals, who tended to practice a mixture of Christianity and animism, lacked “authenticity.” Religious groups continued to say these individuals appeared to be trying to manipulate the system to get benefits they did not deserve, such as tax exoneration to import items and fee exemptions for residence permits. The MOI reported charging several groups, primarily one-man operations, with fraud or sanctioning them for other illegal activities, with the government using the regulatory framework to attempt to prevent further abuses.