Equatorial Guinea

Formerly a 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 third richest in Africa in per capita income.[ref] https://www.hrw.org/world-report/2020/country-chapters/equatorial-guinea[/ref]

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; he is the longest sitting president in the world.[ref]https://www.hrw.org/world-report/2020/country-chapters/equatorial-guinea[/ref] The country is deeply marked by human rights violations, and a lack of rule of law or justice.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/equatorial-guinea/[/ref]

The population is estimated to be 836,000 as of mid-2020.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref] 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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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
There is state funding of at least some religious schools
Some concerns about children's right to specifically religious freedom
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
Constitution and government
Preferential treatment is given to a religion or religion in general
Official symbolic deference to religion
Education and children’s rights
There is state funding of at least some religious schools
Some concerns about children's right to specifically religious freedom
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
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
More information about rating table

Constitution and government

The Constitution[ref]https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en[/ref] 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.”[ref]https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en[/ref]

Article 9 of the Constitution prohibits political parties based on “tribe, ethnicity, region, district, municipality province, gender, religion, social condition nor profession or occupation.”[ref]https://www.constituteproject.org/constitution/Equatorial_Guinea_2012?lang=en[/ref]

Reports indicate that elections held are neither fair nor democratic. 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.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

The judiciary branch lacks independence. Many judges do not have adequate legal training, the right to a fair trial is not respected. The President appoints and dismisses judges and prosecutors without any legal basis. Sentences are handed out in accordance with the wishes of the President. Due process and presumption of innocence were not respected. Reports show that civilians can be tried by the military courts.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf; https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref]

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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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. The Constitution guarantees the freedom of consciousness in education.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

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.”[ref]https://www.constituteproject.org/constitution/Equatorial_Guinea_2012?lang=en[/ref]

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.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/equatorial-guinea/[/ref]

University professors and teachers have reportedly been hired or dismissed due to their political affiliations.[ref]https://freedomhouse.org/country/equatorial-guinea/freedom-world/2021[/ref]

Family, community, society

Tradition and gender discrimination

Traditional and customary marriage laws are still being practiced in situations where women cannot access civil courts. Most marriages are customary,[ref]https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf[/ref] and the law does not provide for the registration of these marriages. 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.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

There is no law addressing violence against women,[ref]https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf[/ref] domestic abuse is considered to be in accordance with traditional norms according to activists.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref] The Ministry of Social Affairs and Gender Equality provided legal advice and mediation to victims but there are no legal mechanisms for seeking justice. Domestic violence complaints were not treated with urgency but dealt with as a common offense.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

The Penal Code[ref]https://acjr.org.za/resource-centre/penal-code-of-equatorial-guinea-1963/@@download/file/Penal%20Code%20of%20Equatorial%20Guinea%201963.pdf[/ref] 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.[ref]https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf[/ref]

Abortion

Voluntary termination of pregnancy is criminalized, women and performers of the procedure are subject to 12 to 20 years of imprisonment.[ref]https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf; https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref] 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.[ref]https://www.genderindex.org/wp-content/uploads/files/datasheets/2019/GQ.pdf; https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref]

LGBTI+ rights

There is an absence of legislation defining and prohibiting discrimination in particular sexual orientation, gender identity, and disability.[ref]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref] Homosexuality is considered a pathology, even by government institutions. The treatment of LGBTQ+ individuals violates their dignity and rights. Activists describe an extremely homophobic environment in the country.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

Freedom of expression, advocacy of humanist values

Freedoms of expression, also within the private sphere are restricted. The government 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.[ref]https://freedomhouse.org/country/equatorial-guinea/freedom-world/2021[/ref]

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.[ref]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref] The government practices pre-publication censorship on the media, severely limiting independent journalistic activity. Journalism in contradiction to the government’s narrative is subject to government surveillance, arrests, and threats.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/equatorial-guinea/[/ref] A few heavily censored private newspapers operate. Still, journalists critical of the government, security forces, or the president and his family were dismissed or judicially persecuted. Journalists and human rights defenders are subject to arbitrary arrests and detentions. The authorities block foreign news sources, especially information about democratic uprisings in other countries.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

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.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]

The regulation on civil society is restrictive and disproportionate. The registration process is prohibitively expensive, and decisions are arbitrary. Human rights defenders are harassed and frequently arrested.[ref]https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/GNQ/CO/1&Lang=En[/ref]

The registration process for NGOs is filled with obstacles and rules that limit their abilities to receive donations from outside the country, and limitations on their ability to carry out their operations independently. Over recent decades, the government created an environment that is inhabitable to organizations interested in addressing human rights, or corruption.[ref]https://www.upr-info.org/sites/default/files/document/guinea_ecuatorial/sesion_33_-_mayo_2019/a_hrc_wg.6_33_gnq_3_e.pdf[/ref]