Title VIII.

State Organs: General Principles.

Article 87.

The State exercises its functions through the President of the Republic, the Council of State, the Council
of Ministers, the House of People's Representatives, the Judiciary, the National Council for Economic and
Social Development and other bodies established in accordance with this Basic Law.

The regions, departments and communes depend on the central administration. They contribute to the
fulfillment of the functions and objectives of the State and are governed by the organs provided for by
law.

First Chapter. President of the Republic.

Article 88.

The President of the Republic is the Head of State and Government. He embodies national unity and
represents the Nation.

Article 89.

The President of the Republic is elected by direct and secret universal suffrage by a simple majority of
valid votes cast.

The electoral law fixes the conditions and the modalities of the ballot.

Article 90.

The conditions required to be President of the Republic are the following:

a) be Equatorial Guinean by birth;

(b) Enjoy his civil rights;

(c) Not be older than seventy-five years;

(d) Be able to interpret this Basic Law;

(e) To have been established in Equatorial Guinea for at least ten years;

f) To have been elected in accordance with Article 89 above.

Article 91.

The President of the Republic is elected for a term of seven years. He can be re-elected.

The presidential elections are convened during the seventh year of the presidential term, at a date fixed by
decree adopted by the Council of Ministers, after consulting the Council of State.
Elections shall be held forty-five days before the expiry of the term of office of the current President or, at
the latest, within sixty days of that date.

Article 92.

The President of the Republic determines and directs the general policy of the Nation and its authority
extends over the whole territory, in all that concerns the preservation of public order inside, and the
security of the State outside.

Accordingly, the President of the Republic:

(a) Ensure the strict application of this Basic Law, the normal functioning of public authorities, and the
continuity of the State;

(b) Sanction, promulgate or reject bills approved by the House of People's Representatives; executes and
enforces laws; signs decrees and decrees necessary for this purpose and for all matters relating to
governmental and administrative action;

c) Sign the decree-laws necessary for the accomplishment of the high missions of the State;

(d) Is the Supreme Commander of the National Armed Forces for State Security;

e) Declare war and conclude peace;

(f) Freely appoints and dismisses members of the Government;

(g) Appoint and appoint civil and military officials in accordance with the law. He may, at his discretion,
delegate this power to a prime minister;

h) Represents Equatorial Guinea in international relations; receive and accredit the ambassadors and
authorize the consuls to exercise their functions;

i) Negotiate and ratify international agreements and treaties;

(j) Confer the titles, honors and decorations of the State;

(k) Exercise the right of mercy;

(l) Convene and preside over the Councils of Ministers;

(m) Exercise regulatory power;

n) Is the supreme holder of the executive power. Creates, organizes and directs the administrative services
necessary for the accomplishment of its mission;

o) Convenes the general elections provided for in this Basic Law;

(p) Convenes referendums;

q) Assume the other attributions and prerogatives that the laws confer to him.

Article 93.

In case of imminent danger, the President of the Republic may suspend the rights and guarantees
established in Title Three of this Basic Law and take exceptional measures to safeguard the independence
of the Nation, the territorial integrity, the national unity, the institutions of the Republic and the normal
functioning of the public authorities, informing the Nation by message.

Article 94.

The President of the Republic may, when the circumstances so require, declare a state of siege, a state of
emergency or a state of emergency on all or part of the national territory.

Article 95.

The President of the Republic ceases to exercise his functions and abandons his post in the following
cases:

a) Resignation accepted by the Council of State;

(b) Physical or mental incapacity declared by the Council of State;

(c) End of his mandate;

d) Death.

Article 96.

In the case of temporary absence, the duties of President of the Republic, with the exception of those
provided for in Articles 92-o, 92-p, 93, 94, 120, 121 and 156, shall be provisionally assumed by a college
comprising the Prime Minister, the Speaker of the House of People's Representatives, the President of the
Supreme Court of Justice, a member of the State Council and the Minister of National Defense. This
college makes its decisions by a majority of three quarters of the votes.

During the temporary absence referred to in this article, the Government remains unchanged and can not
be changed.

Article 97.

In case of accepted resignation, declared incapacity or death of the President of the Republic, he is
provisionally replaced by the President of the Council of State.

The provisional president shall convene new elections within forty-five days at most, to fill the vacancy
of the presidency of the Republic, unless more than four years have already elapsed since the beginning of
the term of the previous president, in which case the substitute continues temporarily to assume the
functions of President of the Republic, until the expiry of this mandate.
The term of office of the President designated in accordance with the provisions of the preceding
paragraph shall end on the date on which the term of office of the substituted President ends.

Article 98.

The elected president takes the oath of loyalty to the Basic Law and takes office before a Court of Honor
composed of the President of the Council of State, the members of the Council of State, the Bureau of the
House of People's Representatives and the Supreme Court of Justice in full.

Chapter II. Council of State.

Article 99.

The Council of State is the most important collegiate body of the state. It guarantees the sacred values of
the homeland, national sovereignty, territorial integrity, national unity, peace, justice and democratic
freedoms.

Article 100.

The Council of State ensures the high control of the democratic development of the political and social
life of the Republic of Equatorial Guinea. He also oversees the constitutionality of laws.

Article 101.

The Council of State comprises eleven members whose term of office is five years. The following are ex-
officio members: the Speaker of the House of People's Representatives, the President of the Supreme
Court of Justice and the Minister of National Defense.

The President of the Republic appoints the President, the Vice President and all the other members of the
Council of State.

Article 102.

The attributions of the Council of State are the following:

a) It approves the candidatures for the general elections to the presidency of the Republic in accordance
with the present Basic Law. He is also kept informed of the dates of these elections.

b) It decides on the validity of general elections and proclaims the results. It examines and rules on all the
requests for contestation relating to the conduct of these elections.

c) It approves or rejects, as the case may be, the resignation of the President of the Republic.

d) It declares the physical or mental incapacity which constitutes a legal impediment to the exercise of the
functions of President of the Republic.

e) It decides on the constitutionality of so-called institutional laws before their promulgation.

f) It pronounces without appeal on the constitutional legality of the regulatory application of the
institutional laws.

(g) It provides information on the legality of the regulatory application of other statutes by giving them a
general and binding interpretation where necessary.

h) It issues opinions to the Government on all questions that it submits to it.

The Council of State may, in case of need and in a purely consultative capacity, invite to its work one or
more international experts or from friendly countries designated at its request by the international
institutions which employ them or by their countries of origin.

Article 103.

In the absence of the President of the Council of State, for whatever reason, he is replaced by the Vice-
President.

Internal regulations determine the functioning and internal organization of the Council of State.

Chapter III. The Council of Ministers.

Article 104.

The President of the Republic is assisted in the exercise of his political and administrative functions by a
Council of Ministers.

Ministers meeting under the presidency of the President of the Republic constitute the Council of
Ministers.

Article 105.

The Council of Ministers is the body that determines the general policy of the Nation, ensures the
application of laws, exercises regulatory power and assists permanently the President of the Republic in
political and administrative affairs.

The law determines the number of ministries, their denominations and their respective competences.

Article 106.

The management, and administration of public services are entrusted to the ministers in the fields which
are the responsibility of their respective departments.

Article 107.

Except for cases expressly defined by this Basic Law and those determined by other laws, the powers of
the Council of Ministers are as follows:

a) It directs the general policy of the Nation, organizes and implements the economic, cultural, scientific
and social activities;
b) It proposes plans of economic and social development of the State and, after their approval by the
House of Representatives of the People and their promulgation by the President of the Republic, it
organizes, directs and controls their execution;

c) It prepares the draft law of the finances of the Nation and, after its approval by the House of
Representatives of the People and its promulgation by the President of the Republic, he sees to its
execution;

d) It determines the monetary policy and adopts the necessary measures to protect and reinforce the
monetary and financial system of the Nation;

e) It prepares the bills and submits them to the approval of the House of Peoples' Representatives or the
Council of State for opinion as the case may be;

f) It grants the right of asylum;

g) It directs the state administration, coordinates and controls the activities of the various ministerial
departments;

h) It executes the promulgated laws, the decree-laws, the regulations and the presidential decrees;

i) It creates the commissions necessary for the effective accomplishment of the tasks assigned to it.

Article 108.

The President of the Republic may freely designate and dismiss the Prime Minister and the Deputy Prime
Ministers.

They are responsible to him for the functions he delegates to them in order to better accomplish the tasks
assigned to him by this Basic Law.

Article 109.

In the exercise of his functions as head of Government, the President of the Republic is assisted by a
Prime Minister who, independently of the other functions he delegates to him, ensures administrative
coordination, ensures the proper functioning of public services and supervises the execution of
Government programs. He chairs the ministerial commissions responsible for examining the questions to
be submitted to the Council of Ministers. He presents to the House of Representatives of the People, bills
passed by the Government. The Prime Minister is replaced, in case of impediment, by the First Deputy
Prime Minister.

Article 110.

Exceptionally, and by virtue of an express delegation, the Prime Minister may, in place of the President of
the Republic, preside over a Council of Ministers with a specific agenda.

Article 111.
The President of the Republic, as Head of Government, may directly assume the functions of one or more
ministries.

In this case, he may expressly be represented by one or more members of the Government.

Article 112.

All members of the Government are personally responsible to the President of the Republic and to the law
for all acts taken in the exercise of their functions.

The following are members of the Government, like the Head of State;

a) The Prime Minister.

(b) Deputy Prime Ministers.

c) Ministers.

d) Deputy Ministers.

e) Secretaries of State.

Article 113.

Before taking office, the Prime Minister and other members of the Government shall, before the President
of the Republic, take an oath of loyalty in his person and in this Basic Law.

Article 114.

The Council of Ministers as a whole or individual ministers can participate in an advisory capacity in the
debates of the House of Representatives of the People. They may also be invited to inform the House on a
particular issue.

Chapter IV. The House of Representatives of the People.

Article 115.

Legislative power belongs to the people, who delegate it by vote to the House of Representatives of the
People, which exercises it within the limits set by this Basic Law.

Article 116.

The House of Representatives of the People comprises at least 45 members and at most 60
members. They are elected for five years by direct and secret universal suffrage, in general elections that
take place in one day, and in the sixty days preceding the end of the term.

The electoral law determines the circumstances under which elections are held and sets the quotas for
representation; it regulates the organization of elections and fixes the date of entry into office of elected
candidates as well as the conditions of eligibility and the regime of incompatibilities.
Article 117.

The members of the House of Representatives of the People are not bound by an imperative mandate.

Article 118.

People's representatives have the right to amend and vote. The vote is personal.

Article 119.

The functions of the House of Representatives of the People are as follows:

(a) Election of the chairperson, the vice-chairs and the bureau from among its members;

(b) Development of its own rules of procedure;

(c) Approval of amendments to the Basic Law submitted by the Government;

(d) Approval of State budgets, in terms of income and expenditure, or public investments;

e) Approval of tax laws and, where applicable, elimination of taxes and other charges;

f) Approval of Weights and Measures Regulations;

(g) Determination of the bases of civil law, commercial law, procedure, administrative law, criminal law
and labor law;

h) Regulation of fundamental rights and public freedoms;

(i) Approval of international treaties to be ratified by the President of the Republic;

j) Authorization of the President of the Republic to issue decree-laws on cases falling within the field of
law, in case of extreme urgency;

(k) Inquiry of Ministers on matters within their competence and their convocation to the Chamber to
explain their general policy or a specific problem within their competence;

(l) Appointment within the House of committees to investigate all cases involving the public
interest. These commissions have free access to all services of the administration, but state secrets must
be preserved.

Article 120.

The President of the Republic, after consultation with the Government, the Council of State and the
Bureau of the House of Representatives of the People, may submit to the people's consultation any
question which seems to him to require direct consultation of the people. The project thus adopted shall
be promulgated by the President of the Republic within the time limit laid down in Article 137 of this
Basic Law.
Article 121.

The President of the Republic may, in the Council of Ministers, after consulting the Council of State,
dissolve the House of Representatives of the People and call extraordinary elections. If the dissolution
occurs during the last year of the mandate of the People's Representatives, new elections are held in
accordance with the provisions of Article 116 of this Basic Law.

Article 122.

When vacancies of seats prevent the normal functioning of the House of Representatives of the People,
these seats must be filled immediately. The procedure to be followed for this purpose is regulated by law.

Article 123.

No representative of the People can be prosecuted or detained because of the opinions he or she expresses
in the exercise of his or her duties in the Chamber.

The arrest or indictment of a representative of the people requires the prior authorization of the bureau of
the House, except in case of flagrante delicto.

Article 124.

The House of Representatives of the People shall meet as of right on the first working day thirty days
after the promulgation of the results of the general elections.

The agenda of this first session is devoted exclusively to the election of its President and Bureau, unless
the Government requests the inscription of urgent questions.

Article 125.

The date of opening of each session is fixed by the Bureau of the Chamber after the opinion of the
President of the Republic.

The opening and closing of each session, ordinary or extraordinary, is the subject of a presidential decree,
with the agreement of the Bureau of the Chamber.

Article 126.

The sessions of the House of Representatives of the People are public. The proceedings of the debates
held there are sent daily to the national media for publication.

Article 127.

At the request of the Government or three quarters of the representatives of the people, the House may,
for reasons of protection of secrecy and security previously established, organize special sessions behind
closed doors on certain projects submitted to it for study.

Article 128.
The House of Peoples' Representatives meets twice a year, in March and September, for a maximum of
two months per session.

Each session opens on the second Monday of the corresponding month. If this day is a holiday, the
opening is postponed until the following day.

Article 129.

The House of Representatives of the People votes on the general budget of the State presented by the
Government during the second session. If the general budget is not approved before the end of the current
budget year, the President of the Republic is authorized to renew by twelfths, the budget of the previous
year until the adoption of the new law of the finances.

At the request of the Government, the House of Representatives of the People is convened within ten days
in extraordinary session for a new deliberation. If this last session does not lead to an agreement, the law
of finance is established definitively by decree-law by the President of the Republic.

Article 130.

The House of Representatives of the People may meet in extraordinary session to consider a specific
agenda, at the request of the President of the Republic or three-quarters of the members of the House.

The quorum required for the House to sit is half of the representatives of the People plus one. Decisions
are taken by a simple majority of votes.

Article 131.

The initiative of the laws belongs concurrently to the president of the Republic in Council of the ministers
and to the representatives of the People. However, bills must be signed by at least three quarters of the
members of the House. Legislative proposals from the representatives of the people are tabled in the
House and forwarded to the Government for study.

Article 132.

Except as expressly provided for in other articles of this Basic Law, the following matters are within the
scope of the law:

(a) the regulation of the exercise of the rights and duties of citizens;

(b) the basic principles of the general organization of the Armed Forces, State Security and National
Defense;

(c) compulsory expropriation of property for public or private purposes;

(d) the nationality, status and capacity of individuals; matrimonial property regimes, inheritance
procedures;

e) the judicial organization; the creation of new courts and the status of judges;
f) the organization of the offices of the prosecution services; the determination of crimes and offenses and
the imposition of corresponding penalties; criminal procedure; the prison system, amnesty and the pardon;

(g) the association system;

(h) the regime of issue and minting of the currency;

i) the general administrative and financial organization;

(j) the conditions for state participation in mixed economy enterprises and the management of these
enterprises;

(k) the public property regime;

(l) the system of civil liberties, property, concessions, rights in rem and civil and commercial obligations;

m) loans and financial obligations of the State;

(n) the economic and social action program;

o) the fundamental principles of education, culture, the right to work and social security.

Article 133.

Before the promulgation of a law, the President of the Republic may, on his own initiative, request that
the text of this law be submitted to a second or third reading of the House of Representatives of the
People.

Article 134.

The Government may, if necessary, apply to the House of Representatives of the People for authorization
to act by decree-law, for a specified period, on matters falling within the field of law.

These decree-laws enter into force as soon as they are published and can only be repealed by law. A copy
of each Legislative Decree is sent to the House of Representatives of the People for information.

Article 135.

The President of the Republic may be heard ex officio by the House of Representatives of the People or
send him messages. These communications may not give rise to any debate in his presence, except in the
case of a session specially convened for that purpose.

Article 136.

The agenda of the House of Representatives of the People is fixed by its office. In case of dispute on the
admissibility of a legislative text, the House of Representatives of the People seizes the President of the
Republic who decides the admissibility.

Article 137.
The President of the Republic promulgates the laws adopted by the House of Representatives of the
People within a period of fifteen days from their adoption.