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TITLE: EQUATORIAL GUINEA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY
EQUATORIAL GUINEA
Equatorial Guinea is nominally a constitutional republic, but
in reality power is held by a small subclan of the majority
Fang tribe which has ruled since the country's independence in
1968. Despite the formalities of a multiparty form of
government, President Obiang, in power since 1979, together
with his associates, dominates the Government. The President's
Democratic Party of Equatorial Guinea (DPEG) controls the
judiciary and the legislature, the latter through fraudulent
elections.
President Obiang exercises control over the police and security
forces through the Minister of Interior. These forces
committed well-documented human rights abuses, including
unwarranted searches, arrests, and physical abuse of prisoners
in their custody. The authorities took no action against any
security force member accused of human rights violations.
The majority of the population lives by subsistence
agriculture, supplemented by hunting and fishing. Barter is a
major aspect of an economy in which the small monetary sector
is based on exports of petroleum, increasing quantities of
timber, and declining quantities of cocoa. The economic crisis
is compounded by the suspension of international assistance due
to the lack of economic reform and the Government's continued
violation of human rights.
Serious human rights abuses continue, although there has been a
significant diminution of abuses from 1993 levels.
Nonetheless, citizens still do not have the right to change
their government. The Government continues to use torture,
arbitrary arrest, and illegal detention with impunity. It also
restricts freedom of the press.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
These abuses are serious, frequent, and widespread. Government
security forces arrest prominent members of the opposition,
beat and torture them, and release them within days. Beatings
are severe, and some victims require hospital care after
release. Access to prisoners while in custody is not generally
permitted. The Government uses the psychological effect of
arrest, along with the fear of future beating, to intimidate
opposition party members. The Government has not prosecuted or
punished any security officials for these abuses.
Prison conditions are extremely primitive and life-
threatening. Rations are highly inadequate and sanitary
facilities range from nonexistent to minuscule. Prison
authorities do not target women, but female prisoners are not
housed separately from men. Prison conditions are not
independently monitored.
d. Arbitrary Arrest, Detention, or Exile
Police routinely hold persons in incommunicado detention.
Although there are no long-term political prisoners, the
Government continues to arrest political figures and detain
them for short periods of time, usually less than 1 week.
Although the Government apparently no longer holds political
prisoners for extensive periods of time without trial, the
current short arbitrary detentions constituted a dubious
improvement over past patterns of abuse.
There are nominal, but unenforced, legal procedural safeguards
as to detention, the need for search warrants, and other
protection of prisoner rights. Judicial warrants are
required. Generally, police arrested suspects without having
obtained warrants; on occasion they beat them, then released
them within days.
Authorities also continued to hold Nigerians, Ghanaians,
Gabonese and others to secure bribes.
The Government does not force citizens into exile and does not
harass returned exiles.
e. Denial of Fair Public Trail
The court system, composed of lower provincial courts, appeal
courts, and a Supreme Court, is rarely used. The President
appoints the Supreme Court, which is responsive to him. There
are traditional courts in the countryside, in which elders
adjudicate civil claims and minor criminal matters. Military
courts are seldom used for political offenses; there were no
reports of such use in 1994. There are no religious or
political courts.
The Constitution and laws passed by the Chamber of Deputies
provide for legal representation, the right of appeal, and the
use of search warrants. In practice, authorities do not
uniformly respect these provisions. Civil cases rarely come to
public trial.
The judiciary is not independent; judges serve at the pleasure
of the President and are appointed, transferred and dismissed
for political reasons. Corruption is reportedly rampant.
The Government recently responded to international donor
pressure by releasing all political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not enforce the law requiring judicial
warrants and security forces conduct arbitrary searches of
homes.
The Government does not overtly force officials to join the
DPEG, but lawyers, government staff, and others understand that
party membership is necessary for employment and promotion.
There is reportedly some surveillance of members of the
opposition parties. There does not appear to be systematic
interference with correspondence, and there is no coercive
population control or forced resettlement.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press
but the Government severely restricts these rights in
practice. Although there is no press, opposition pamphlets and
statements circulate.
Government-controlled television, which broadcasts only a few
hours per day, is the voice of the Government, and the
Government withholds even minimal access to broadcasting from
opposition parties.
There are no universities or other institutions of higher
learning in this country with a deteriorating educational
system. The question of academic freedom is, therefore,
largely irrelevant.
b. Freedom of Peaceful Assembly and Association
The right of assembly and association is provided for in the
Constitution. However, the Government must authorize any
gathering of more than 10 persons for discussions that the
regime considers political, even in private homes.
The Government generally permits opposition parties to hold
conferences and private meetings. It requires permits for
public events, which it routinely grants and as quickly
cancels, effectively undermining the right of assembly.
c. Freedom of Religion
The Government generally respects freedom of religion. There
is no state religion, and the Government does not discriminate
against any faith. However, the Government must recognize a
faith as a legally inscribed religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not restrict internal travel for political,
security reasons. Local police demand bribes from occupants of
cars, taxis, and other vehicles traveling outside the capital.
Members of opposition parties often travel abroad with no
restrictions on their right to return.
There are no refugees or asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government by
democratic means. The Constitution nominally provides citizens
with the right to change their government peacefully, but in
fact there have been no free elections since independence in
1968. The President exercises complete power as Head of State,
commander of the armed forces, and leader of the government
party, the DPEG. Leadership positions within the Government
are in general restricted to the President's subclan and
closest supporters. While there is an elected Chamber of
Deputies, it is not representative and is dominated by the
Government. During 1994 there were no elections.
Although there are no legal restrictions on women's
participation in politics, they are seriously underrepresented
in the political process. The 42-member Cabinet has 2 women,
while the 80-member legislature has only 5 women.
The Government does not overtly limit participation by ethnic
minorities, but the Fang's monopolization of political power
persists in spite of the Government's very preliminary steps
toward democratization.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The first human rights organization was formed in early 1994;
its registration is pending with the Ministry of the Interior.
Another local human rights organization, the League for the
Defense of Human Rights in Guinea, was organized in April. The
Minister of the Interior had not acted on its registration
request at year's end. Based on the Government's record of
human rights abuse, many citizens are fearful of associating
with the League.
The United Nations Special Rapporteur for Human Rights visited
Equatorial Guinea three times, receiving grudging government
cooperation. The Government refused to permit the
International Committee of the Red Cross to establish an office
and to visit prisons and detainees. Amnesty International
visited twice.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Both governmental and societal discrimination continue to exist
and is reflected in traditional restraints on women's education
and in the circumscribed opportunities for professional and
occupational achievement for ethnic minorities. The Government
deliberately limits potential opportunities for ethnic
minorities (see Section 3).
Women
Although the Constitution and laws provide for equal rights for
women, they are largely confined by custom to traditional
roles, especially in agriculture. Polygyny, which is
widespread among the Fang, contributes to women's secondary
status, as does limited education opportunity; women receive
only one-fifth as much schooling as men receive.
Violence against women, particularly wife beating, is common.
Medical professionals estimate that 30 to 35 percent of women
experience violence in the home. The Government does not
maintain records of such incidents, nor does it prosecute them.
There is no discrimination against women with regard to
inheritance and family laws. For an estimated 90 percent of
the women in the country--i.e., virtually all ethnic groups
except the Bubi--tradition dictates that if a marriage is
dissolved, the woman must return the dowry given her family by
the bridegroom at the time of marriage, and the husband
automatically receives custody of all children from the union.
Similarly, in the Fang, Ndowe, and Bisio cultures,
primogeniture is practiced and as women become members of their
husband's families upon marriage, they usually are not accorded
inheritance rights. In theory, women may buy and sell property
as well as goods, but in practice the male-dominated society
permits few women access to sufficient funds to engage in more
than petty trading or to purchase real property beyond a garden
plot or modest home.
Children
The Government devotes little attention to children's rights or
welfare and has no set policy in this area.
National/Racial/Ethnic Minorities
There is no legal discrimination against ethnic or racial
minorities per se, but in practice some members of minorities
face discrimination because they do not come from the Fang
clan, or belong to a subclan other than the President's.
Minorities do not face discrimination in inheritance, marriage,
or family laws.
People with Disabilities
There is no constitutional or legal provision for the
physically disabled with respect to discrimination in
employment or education. There is no legislation mandating
accessibility for the disabled to buildings or government
services.
Section 6 Worker Rights
a. The Right of Association
Although the Constitution provides for the right to organize
unions, the Government has not passed enabling legislation. In
the small wage-economy, no labor organizations exist, although
there are a few cooperatives with limited power. The law
prohibits strikes. There is a Labor Code which purports to
uphold the dignity of the worker, but the Government generally
does not enforce it.
b. The Right to Organize and Bargain Collectively
There is no legislation regarding these rights or addressing
antiunion discrimination, and no evidence of collective
bargaining by any group. Wages are set by the Government and
the employers, with little or no input by workers. Employers
must meet the minimum wages set by the Government, and most
companies pay above the government-established minimum.
c. Prohibition of Forced or Compulsory Labor
The law forbids forced labor and slavery, and there is no
evidence that such activity takes place. Convicted felons do,
within the law, perform extensive labor outside prison without
compensation.
d. Minimum Age for Employment of Children
The legal minimum age for child employment is 16 years, but the
Ministry of Labor does not enforce this law. The Government
also does not enforce the law, which stipulates mandatory
education up to the age of 18. Underage youth perform both
family farm work and urban commercial vending.
e. Acceptable Conditions of Work
The law prescribes a standard 40-hour workweek and a 48-hour
rest period; these are observed. The minimum monthly wage is
approximately $46 (CFA 27,500). The Labor Code provides
comprehensive protections for workers from occupational
hazards, but the Government does not enforce these in
practice. Employees who protest unhealthy or dangerous working
conditions risk loss of their jobs.
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