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Title: Equatorial Guinea Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
EQUATORIAL GUINEA
Equatorial Guinea is nominally a multiparty constitutional republic, but
in reality power has been exercised by President Teodoro Obiang through
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 (PDGE) 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. The security forces committed serious
human rights abuses.
The majority of the population of 400,000 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. Most international assistance has been suspended
due to the lack of economic reform and the Government's continued
violation of human rights. Substantial new oil deposits were discovered
in 1995 and will provide important additional revenue in the future.
Serious human rights abuses continue. After some progress in 1994, the
humans rights situation deteriorated in 1995. Citizens do not have the
right to change their government. Principal abuses by the security
forces included: arrests and physical abuse of prisoners in their
custody; several extrajudicial killings; torture; beatings of detainees;
arbitrary arrest and detention; and searches without warrants. With few
exceptions, the authorities took no action against any security force
members suspected of human rights violations. Prison conditions are
life threatening. The judicial system does not ensure due process and
is subject to executive influence. The Government severely restricts
freedom of speech and the press and effectively limits the right of
assembly. In September municipal elections, the Government used
arbitrary arrest, illegal detention, and beatings with impunity in an
unsuccessful attempt to restrain active political opposition.
Discrimination and violence against women are problems.
The only mass media in the country are the government-owned television
and radio stations. There are no print media, and no newspapers or
magazines from abroad are available.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were several political and extrajudicial killings. On September
17, the day of the municipal election, a policeman shot and killed a
member of the political opposition in the town of Mbibiyiin. The
policeman was in turn severely beaten by a mob.
In January a police commissioner killed a farmer near Malabo, then cut
open his abdomen and chest to remove several organs used in witchcraft-
related rituals. Although the commissioner was tried by a court and
found guilty, he was sentenced only to house arrest for 20 years. His
movement, however, is apparently unrestricted.
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. The police
routinely beat detainees severely, and victims often require
hospitalization after release. Access to prisoners is not generally
permitted. The security forces arrested prominent members of the
opposition and beat and tortured them. 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. In the
year's most celebrated arrest case, Severo Moto, a leading opposition
figure, and three other members of his Progressive Party were arrested
in February for treason, along with six retired and active duty military
officials. At the trial in April, Moto was the only defendant who did
not show evidence of torture. The others could barely walk or sit
because of beatings to their feet and buttocks. One defendant, Pedro
Massa Mba, had two broken arms; another, Norberto Nculo, had one broken
arm. According to the United Nations Special Rapporteur for Human
Rights, all of the military personnel showed evidence of having been
hung by their wrists for extended periods of time. During the September
election campaign, a guard at the former U.S. Embassy was arrested by
police and beaten. Police released him after high level diplomatic
intervention. His late uncle, a political opponent of the regime, had
been beaten to death in Malabo's Blackbeach Prison 2 years before.
Prison conditions are extremely primitive and life-threatening. Rations
are inadequate, and sanitary facilities are practically nonexistent.
Prison authorities do not normally target women for harassment, but
female prisoners are not housed separately from men. Prison conditions
are not monitored by independent organizations.
d. Arbitrary Arrest, Detention, or Exile
Police routinely hold persons in incommunicado detention. The
Government arrested political figures and detained them for
indeterminate periods. There were also credible reports that around
five members of the Movement for the Autodetermination of the Island of
Bioko (MAIB), an ethnically based political opposition group, were
detained in prison for several weeks. At least 15 members of the
opposition were arrested for political activity during the year.
In February, opposition leader Severo Moto and nine additional
opposition and military figures were arrested and charged with treason.
At their trial in April (which lasted only 7 hours), one defendant was
acquitted. The others were convicted and sentenced to long prison
terms. Moto received a 28-year sentence. The trial was held in a
military court which did not have jurisdiction over Moto, a civilian.
After extensive international criticism and an international campaign
for his release, he and his fellow defendants were pardoned and released
in August. Although the Government did not force Moto to leave the
country, he left to reside abroad soon after his release.
There are nominal but unenforced legal procedural safeguards regarding
detention, the need for search warrants, and other protections of
prisoners' rights. Judicial warrants are required. Generally, however,
the police arrest suspects without having obtained warrants.
Authorities also continued to hold citizens of Nigeria, Ghana, Gabon,
and other countries to secure bribes.
The Government does not force citizens into exile.
e. Denial of Fair 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 rampant.
The court system, composed of lower provincial courts, appeals courts,
and a Supreme Court, is rarely used. The President appoints members of
the Supreme Court, and they are responsive to him. There are
traditional courts in the countryside, in which tribal elders adjudicate
civil claims and minor criminal matters.
The Constitution and laws passed by the Chamber of Deputies provide for
legal representation and the right of appeal. In practice, authorities
do not uniformly respect these provisions. Civil cases rarely come to
public trial.
The trial of Moto and his codefendants was an example of the way the
courts operate. Apart from statements that were extracted by torture,
the only evidence presented by the prosecution was a letter that Moto
had written in 1992 which discussed the military's possible reaction to
a democratic change of government. This type of evidence is an example
of how the courts respond to political imperatives. The quick guilty
verdict, handed down by a judge appointed by the President, was a
foregone conclusion.
There were no reports of long-term political prisoners, but during the
year the Government arrested political figures and detained them for
indeterminate periods (see Section 1.d.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not enforce the law requiring judicial warrants for
searches, and security forces arbitrarily search homes.
The Government does not overtly force officials to join the PDGE, but
for lawyers, government employees, and others, party membership is
necessary for employment and promotion. The party banner is prominently
displayed with the national flag in government offices, and many
officials wear PDGE lapel pins. Foreign firms are often pressured to
hire party members.
There is reportedly some surveillance of members of the opposition
parties, but there does not appear to be systematic interference with
correspondence.
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. No publications
of any kind are openly available. The country has no press, and foreign
publications are not sold. Shortwave broadcasts and government-
controlled television and radio stations are the only media available to
citizens. Opposition pamphlets and statements circulate.
Television is Government-controlled and broadcasts only a few hours per
day. The Government withholds even minimal access to broadcasting from
opposition parties. It also refused to grant permits to foreign news
media, including Spanish television. However, Spanish reporters were
working in Malabo during the September municipal elections. It is not
known if they had Government permission.
There are no universities or other institutions of higher learning; the
question of academic freedom is largely irrelevant.
b. Freedom of Peaceful Assembly and Association
The right of assembly and association is provided for in the
Constitution. However, even for meetings in private homes, government
authorization must be obtained for any gathering of more than 10 persons
for discussions that the regime considers political.
The Government generally permits opposition parties to hold conferences
and private meetings. It requires permits for public events, which it
routinely grants but usually quickly cancels, effectively undermining
the right of assembly. In the September municipal elections, opposition
parties were largely free to campaign, although there was some
intimidation. The M.A.I.B. movement formally chose not to be a
political party and it did not take part in the election.
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, a religious organization must first be formally
recognized by the Ministry of Justice and Religion before its practice
is allowed.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government does not restrict internal travel. Local police may
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 have not had 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
presidential 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 PDGE. 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.
Municipal elections in September drew considerable attention. The
Government used arbitrary arrest, illegal detention, and beatings in an
unsuccessful effort to control a sudden upsurge in opposition political
activity. Despite these impediments the opposition parties were able to
campaign effectively.
According to U.N.-coordinated international observers, the local
diplomatic community and other well-informed individuals, the PDGE was
soundly defeated at the polls in the municipal election, with the
opposition winning from two-thirds to three-fourths of all votes cast.
The Government announced the vote totals 11 days later, claiming that it
had won control of 18 of 27 municipal councils with a 52 percent overall
majority of the vote. Most observers believe the national government,
using its authority as the sole arbiter of the election process, altered
the vote count after the election.
Although there are no legal restrictions on women's participation in
politics, women are seriously underrepresented in politics. There are 2
women in the 42-member Cabinet, and 5 in the 80-member legislature.
The Government does not overtly limit participation by ethnic
minorities, but the monopolization of political power by the President's
Mongomo subclan of the Fang ethnic group persists.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The U.S. Embassy prior to its October closing was not aware of the
existence of local human rights nongovernmental organizations.
The United Nations Special Rapporteur for Human Rights visited once this
year, receiving grudging government cooperation. The Government refused
to permit the International Committee of the Red Cross to establish an
office or visit prisons or detainees.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Both governmental and societal discrimination continue. These are
reflected in traditional restraints on women's education and in the
circumscribed opportunities for professional and occupational
achievement of ethnic minorities. The Government deliberately limits
potential opportunities for ethnic minorities.
Women
Societal 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 perpetrators.
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 educational opportunity;
women receive only one-fifth as much schooling as men.
There is no discrimination against women with regard to inheritance and
family laws, but there is discrimination in traditional practice. For
an estimated 90 percent of women, including virtually all ethnic groups
except the Bubi, tradition dictates that if a marriage is dissolved, the
wife 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. According
to the law women have the right to buy and sell property and 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
There are no legislated provisions for the welfare of children. The
Government devotes little attention to children's rights or welfare and
has no set policy in this area.
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.
National/Racial/Ethnic Minorities
There is no legal discrimination against ethnic or racial minorities,
but in practice some members of minorities face discrimination because
they do not come from the Fang ethnic group, or belong to a subclan
other than the President's, which controls the country's political life.
Minorities do not face discrimination in inheritance, marriage, or
family laws.
The MAIB, (see Section 1.d.) composed of ethnic Bubi, has become a
target of government security forces. In early October, at least five
MAIB members were detained for their membership in the organization.
Several thousand citizens of Nigeria and Ghana reside in the country.
Most are small traders and business people and are harassed and
persecuted by the police. A high percentage of the market traders are
foreigners. Their merchandise is commonly seized, and they are often
jailed until they or their families pay bribes to the authorities.
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. The Labor
Code contains provisions to uphold workers' rights, but the Government
generally does not enforce them.
b. The Right to Organize and Bargain Collectively
There is no legislation regarding these rights or prohibiting 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 more than 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 street vending.
e. Acceptable Conditions of Work
The law prescribes a standard 40-hour workweek and a 48-hour rest period
which are observed in practice in the formal economy. The minimum
monthly wage is approximately $46 (cfa 27,500). The Labor Code provides
comprehensive protections for workers from occupational hazard, 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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