The Rule of Law Tested by covid-19: The Case of Gabon

Abstract

In Gabon, the covid-19 crisis was accompanied by the adoption of emergency measures to respond to the health emergency caused by the pandemic. According to the texts in force, these measures should be necessary, non-discriminatory and strictly proportional to the health catastrophe. However, the governmental measures were accompanied by an infringement of fundamental rights and freedoms. Also, they have sometimes been taken outside of any legal framework. Thus, the objective of this article is to study the conformity of health emergency measures to the rule of law in Gabon. The method used to conduct this study is based on comparative law. It consisted mainly in comparing the legal responses to covid-19 in Gabon with those used in the country that seems to have inspired them, France. Similarly, an analysis was made of all the decisions rendered by the Gabonese constitutional court. This study shows that government measures have had a deleterious effect on the rule of law, further weakening its structure. The security response to the covid-19 crisis and the increase in inequality due mainly to government measures to combat covid-19 could have damaging effects that could extend well beyond the period of the pandemic.