Equatorial Guinea

Formerly the colony of Spanish Guinea, Equatorial Guinea is the only African country where Spanish is an official language. The discovery of oil has made the country the second richest in Africa in per capita income.¹”African countries with the highest Gross Domestic Product (GDP) per capita in 2022″, Statista, https://www.statista.com/statistics/1121014/gdp-per-capita-of-african-countries/ (accessed 4 July 2024)

Since rising to power in a military coup in 1979, President Teodoro Obiang Nguema Mbasogo has controlled all branches of government in collaboration with his clan and political party, PDGE; he is the longest sitting president in the world.²”Equatorial Guinea” in World Report 2020, Human Rights Watch, https://www.hrw.org/world-report/2020/country-chapters/equatorial-guinea (accessed 4 July 2024) In 2022 he was re-elected for his 6th term with 95% of the vote.³”Equatorial Guinea 2023″ in Amnesty International Report 2023/2024, Amnesty International, https://www.amnesty.org/en/location/africa/west-and-central-africa/equatorial-guinea/report-equatorial-guinea/ (accessed 4 July 2024) The country is deeply marked by human rights violations, and a lack of rule of law or justice.⁴”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

The population is estimated to be 1.7 million as of 2023.⁵”Population, total – Equatorial Guinea”, World Bank, https://data.worldbank.org/indicator/SP.POP.TOTL?locations=GQ (accessed July 2024) According to the 2015 census, 88% of the population is Roman Catholic, 5% Protestant, 2% is Muslim. The remaining 5% adhere to animism, the Baha’i Faith, Judaism, and other belief groups.⁶”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)

Constitution and government	Education and children’s rights	Family, community, society, religious courts and tribunals	Freedom of expression advocacy of humanist values
		Systemic religious privilege results in significant social discrimination	Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Preferential treatment is given to a religion or religion in general State-funding of religious institutions or salaries, or discriminatory tax exemptions	There is state funding of at least some religious schools Religious schools have powers to discriminate in admissions or employment	Discriminatory prominence is given to religious bodies, traditions or leaders
Official symbolic deference to religion	State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional		Some concerns about political or media freedoms, not specific to the non-religious

Constitution and government

Preferential treatment is given to a religion or religion in general

State-funding of religious institutions or salaries, or discriminatory tax exemptions

Official symbolic deference to religion

Education and children’s rights

There is state funding of at least some religious schools

Religious schools have powers to discriminate in admissions or employment

State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional

Family, community, society, religious courts and tribunals

Systemic religious privilege results in significant social discrimination

Discriminatory prominence is given to religious bodies, traditions or leaders

Freedom of expression advocacy of humanist values

Expression of core humanist principles on democracy, freedom or human rights is severely restricted

Some concerns about political or media freedoms, not specific to the non-religious

Legend

Severe Discrimination

Systemic Discrimination

Mostly Satisfactory

More information about rating table

Constitution and government

The Constitution⁷”Equatorial Guinea’s Constitution of 1991 with Amendments through 2012″, Constitute Project, https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en (accessed 4 July 2024) does not establish a state religion but mentions “responsibility before God and history” in its preamble. Article 13 provides a variety of rights, including freedom of “religion and worship” and “freedom of expression, thinking, ideas and opinions.”

Article 9 of the Constitution prohibits political parties based on “tribe, ethnicity, region, district, municipality province, gender, religion, social condition nor profession or occupation.”

Reports indicate that elections held are neither fair nor democratic.⁸Ned Price, “On the Elections in Equatorial Guinea”, Office of the Spokesperson, U.S. Department of State, 29 November 2022, https://www.state.gov/on-the-elections-in-equatorial-guinea/ (accessed 4 July 2024) The Electoral Authority is under the control of the governing party. Authorities repress the opposition parties, arrest, and prosecute dissidents to enable the ruling Democratic Party of Equatorial Guinea to stay in power.⁹”Equatorial Guinea” in Freedom in the World 2022, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2022

The judiciary branch lacks independence.¹⁰”Equatorial Guinea” in Freedom in the World 2022, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2022 Due process and presumption of innocence are not respected. Reports indicate that civilians can be tried by the military courts. The President is designated the “first magistrate of the nation” and chair of the Judicial Council responsible for appointing judges and magistrates. Members of the government are reported to often influence judges in sensitive cases.¹¹”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

Religious preference

The Catholic Church along with a few other religious groups receive favorable treatment from the government. Churches conduct government functions like running schools and producing official documents such as birth certificates and marriage certificates.¹²”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)

Religious groups are subject to a registration process that is cumbersome and prohibitively expensive. While some religious groups, such as Methodists, Muslims, and Baha’is, hold permanent authorizations, newer groups may be required to renew their registration annually. Groups related to the Catholic Church and the Protestant Reformed Church of Equatorial Guinea are exempted from registration.¹³https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/

The Catholic Church is also exempted from the requirements imposed on foreign religious representatives or authorities to obtain advance government approval to participate in religious activities.¹⁴”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)

Catholic leaders enjoy exclusive meetings with the highest-level government officials. Catholic masses are held on major ceremonial events like Independence Day and the holiday commemorating the President’s Birthday. Government officials and employees are usually expected to attend these events. Catholic and Reformed Church leaders were often seated in preferred locations at official events.¹⁵”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)

Education and children’s rights

Catholic religious classes are part of the school curriculum. Opting out is possible if the student can provide a request from the leader of another religious group.¹⁶”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024) Such a requirement would seem to preclude the non-religious from opting-out of such classes. The Constitution guarantees the freedom of consciousness in education.

Article 24 of the Constitution:

“3. The State guarantees to every person, private entity or religious community, legally constituted, the right to found schools, provided that they are subject to the official pedagogical plan.
4.Official education permits the free election of the religious formation program, based on the freedom of conscience and religion protected by this Fundamental Law.”

Multiple Christian groups operate primary and secondary schools, according to standard curriculum requirements. However, the Catholic Church is the only religious group to receive state funding for operating educational institutions.¹⁷”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)

University professors and teachers have reportedly been hired or dismissed due to their political affiliations.¹⁸”Equatorial Guinea” in Freedom in the World 2022, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2022

Child marriage

According to Girls Not Brides, 30% of girls are married by the age of 18. The high incidence of child marriage is reported to be influenced by patriarchal traditional values. ¹⁹”Equatorial Guinea”, Girls Not Brides, https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/regions-and-countries/equatorial-guinea/ (accessed 4 July 2024) The State reportedly obliges girl children to take pregnancy tests. Those who are found to be pregnant are excluded from school.²⁰”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

Family, community, society

Tradition and gender discrimination

The Constitution of Equatorial Guinea provides for equal rights for men and women. The country has a dual system based on both civil law and customary law, which creates obstacles to the advancement of women’s place in society. National legislation contains non-discrimination provisions but these laws are rarely enforced in practise.²¹OECD, “Equatorial Guinea”, in Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries, (Paris; OECD Publishing, 2010), https://doi.org/10.1787/9789264077478-105-en.

Under customary law, women do not have equal rights. In the event of separation or divorce, women are discriminated against in the division of assets acquired during the marriage, the custody of the children, and may be obliged to return their dowries. Women’s access to justice is limited in cases of physical abuse and issues regarding dowries and polygamy. Women are discriminated against in access to education and consequently access to employment.²²”Summary of Stakeholders’ submissions on Equatorial
Guinea”, Report of the Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review. Thirty-third session. 6–17 May 2019, A/HRC/WG.6/33/GNQ/3, https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf

Women living in rural areas are more likely to be forced into performing traditional gender roles. Women living in more urban areas reportedly face less overt discrimination, but face barriers to education and, correspondingly, employment.²³”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

Although domestic violence is illegal, reports indicate that survivors are reluctant to report cases. Further, the government has failed to enforce the law effectively, with police and the judiciary reluctant to prosecute cases. Authorities generally treat domestic violence as a private matter to be resolved in the home, failing to protect the anonymity of survivors, and often disclosing survivors’ whereabouts to their alleged abusers.²⁴”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

The Penal Code²⁵”Penal Code (consolidated text of 1963), Equatorial Guinea”, WIPO, https://www.wipo.int/wipolex/en/legislation/details/9121 (accessed 4 July 2024) in Equatorial Guinea is the Spanish Penal Code from 1963. Rape is criminalized but defined only within the boundaries of sexual intercourse being coerced with the use of force or intimation, or the victim being under 12 years old. The Law does not regard the lack of consent as the basis for rape. The legal definition of rape does not include marital rape, a wife cannot file a complaint. The marriage of the victim with the perpetrator cancels the criminal charges.²⁶”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

Abortion

Voluntary termination of pregnancy is criminalized, women and performers of the procedure are subject to 12 to 20 years of imprisonment.²⁷Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En Recent reports show that the criminalization is not applied, but that termination is only permitted in cases of rape and threat to the mother’s life and is subject to spousal consent. There is a lack of appropriate reproductive health services and very poor sexual education.²⁸Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En

LGBTI+ rights

There is an absence of legislation defining and prohibiting discrimination in particular sexual orientation, gender identity, and disability.²⁹Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En The law does not formally recognize or protect the existence of LGBTQI+ persons or groups; no laws prohibit discrimination. In 2022, the government reportedly declined to register LGBTI+ organizations, despite their attempts to conform with the registration law. Societal stigmatization of and discrimination against the LGBTI+ community is reported to bs widespread.³⁰”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024) It is unclear whether this discrimination is related to conservative religious values.

Freedom of expression, advocacy of humanist values

Freedom of expression within both the public and the private sphere is severely restricted. The government reportedly recruits informants and uses digital surveillance to monitor citizens, NGOs, and journalists. Individuals criticizing the government are subject to arbitrary arrest, physical abuse, and trumped-up charges.³¹”Equatorial Guinea” in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2023 (accessed 5 July 2024)

Media freedom

The media outlets operating in the country are controlled by affiliates of the Government. Independent media is limited due to a lack of funding, infrastructure, and government persecution.³²Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En The government practices prior censorship of the media thereby severely limiting independent journalistic activity. Journalists critical of the government, security forces, or the president and his family face surveillance, dismissal, threats and judicial harassment.³³”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)

Repression of human rights defenders and civil society

International civil society monitor, CIVICUS rates Equatorial Guinea as “not free”.³⁴”Africa” in Global Findings 2023, CIVICUS https://monitor.civicus.org/globalfindings_2023/africa/ (accessed 5 July 2024) All civil society organizations must register through an onerous process that severely limits organisation’s ability to operate. The registration process itself is reported to be prohibitively expensive, and decisions regarding registration outcomes said to be arbitrary. NGOs are limited in their ability to receive donations from outside of the country, and therefore also limited in their ability to carry out their operations independently. The authorities have reportedly made the climate particularly inhospitable for organizations interested in addressing human rights concerns or corruption in the country.³⁵Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En; “2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024); “Equatorial Guinea” in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2023 (accessed 5 July 2024)

Journalists and human rights defenders more broadly are subject to arbitrary arrests and detentions.³⁶Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En; Amnesty International, “Equatorial Guinea: An endless history of human rights violations”, Amnesty International https://www.amnesty.org/en/documents/afr24/7758/2024/en/ (accessed 5 July 2024)

Reports show that torture is used systematically by security forces. The judicial branch does not investigate the use of torture. Perpetrators enjoyed immunity and in some instances were promoted to positions in the Government or public administration. Many prisoners died in detention because of torture or lack of medical care.³⁷Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En; Amnesty International, “Equatorial Guinea: An endless history of human rights violations”, Amnesty International https://www.amnesty.org/en/documents/afr24/7758/2024/en/ (accessed 5 July 2024)

References[+]

References
↑1	”African countries with the highest Gross Domestic Product (GDP) per capita in 2022″, Statista, https://www.statista.com/statistics/1121014/gdp-per-capita-of-african-countries/ (accessed 4 July 2024)
↑2	”Equatorial Guinea” in World Report 2020, Human Rights Watch, https://www.hrw.org/world-report/2020/country-chapters/equatorial-guinea (accessed 4 July 2024)
↑3	”Equatorial Guinea 2023″ in Amnesty International Report 2023/2024, Amnesty International, https://www.amnesty.org/en/location/africa/west-and-central-africa/equatorial-guinea/report-equatorial-guinea/ (accessed 4 July 2024)
↑4, ↑11, ↑20, ↑23, ↑24, ↑26, ↑30, ↑33	”2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024)
↑5	”Population, total – Equatorial Guinea”, World Bank, https://data.worldbank.org/indicator/SP.POP.TOTL?locations=GQ (accessed July 2024)
↑6, ↑12, ↑14, ↑15, ↑16, ↑17	”Equatorial Guinea” in 2022 Report on International Religious Freedom, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/equatorial-guinea/ (accessed 4 July 2024)
↑7	”Equatorial Guinea’s Constitution of 1991 with Amendments through 2012″, Constitute Project, https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en (accessed 4 July 2024)
↑8	Ned Price, “On the Elections in Equatorial Guinea”, Office of the Spokesperson, U.S. Department of State, 29 November 2022, https://www.state.gov/on-the-elections-in-equatorial-guinea/ (accessed 4 July 2024)
↑9, ↑10, ↑18	”Equatorial Guinea” in Freedom in the World 2022, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2022
↑13	https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/
↑19	”Equatorial Guinea”, Girls Not Brides, https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/regions-and-countries/equatorial-guinea/ (accessed 4 July 2024)
↑21	OECD, “Equatorial Guinea”, in Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries, (Paris; OECD Publishing, 2010), https://doi.org/10.1787/9789264077478-105-en.
↑22	”Summary of Stakeholders’ submissions on Equatorial Guinea”, Report of the Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review. Thirty-third session. 6–17 May 2019, A/HRC/WG.6/33/GNQ/3, https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf
↑25	”Penal Code (consolidated text of 1963), Equatorial Guinea”, WIPO, https://www.wipo.int/wipolex/en/legislation/details/9121 (accessed 4 July 2024)
↑27, ↑28, ↑29, ↑32	Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En
↑31	”Equatorial Guinea” in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2023 (accessed 5 July 2024)
↑34	”Africa” in Global Findings 2023, CIVICUS https://monitor.civicus.org/globalfindings_2023/africa/ (accessed 5 July 2024)
↑35	Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En; “2022 Country Reports on Human Rights Practices: Equatorial Guinea”, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/equatorial-guinea (accessed 4 July 2024); “Equatorial Guinea” in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/equatorial-guinea/freedom-world/2023 (accessed 5 July 2024)
↑36, ↑37	Human Rights Committee, “Concluding observations on Equatorial Guinea in the absence of its initial report”, CCPR/C/GNQ/CO/1, 22 August 2019, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En; Amnesty International, “Equatorial Guinea: An endless history of human rights violations”, Amnesty International https://www.amnesty.org/en/documents/afr24/7758/2024/en/ (accessed 5 July 2024)