The Republic of Equatorial Guinea by The Advocacy Foundation, Inc.

The e-Advocate Legal Missions International Isaiah 66:19

The Republic of Equatorial

Guinea

“Helping Individuals, Organizations & Communities Achieve Their Full Potential”

Vol. IV, Issue XIV – Q-2 April| May| June 2018

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The Advocacy Foundation, Inc. Helping Individuals, Organizations & Communities Achieve Their Full Potential

Legal Missions International The Republic of Equatorial

Guinea

â&#x20AC;&#x153;Helping Individuals, Organizations & Communities Achieve Their Full Potential 1735 Market Street, Suite 3750 Philadelphia, PA 19102

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Biblical Authority ______ Isaiah 66:19 (NASB) 19

I will set a sign among them and will send survivors from them to the nations: Tarshish, Put, Lud, Meshech, Tubal and Javan, to the distant coastlands that have neither heard My fame nor seen My glory. And they will declare My glory among the nations.

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Table of Contents Equatorial Guinea ______

Biblical Authority I.

Introduction

II.

History of Equatorial Guinea

III.

Politics & Government

IV.

Geography

Demographics

VI.

The Guinean Economy

VII. Education & Healthcare VIII. The Guinean Military IX.

Sports

Attachment A Guinean Law & Justice

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Introduction Guinea i/ɡɪni/, officially the Republic of Guinea (French: République de Guinée), is a country in West Africa. Formerly known as French Guinea (French: Guinée française), it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau Equatorial Guinea. Guinea has a population million and an area of 245,860 square (94,927 sq mi). Guinea is a republic. The president is directly the people and is head of state and head of

and of 10.5 kilometres

elected by

government. The unicameral Guinean National Assembly is the legislative body of the country, and its members are directly elected by the people. The judicial branch is led by the Guinea Supreme Court, the highest and final court of appeal in the country. Guinea is a predominantly Islamic country, with Muslims representing 85 percent of the population. Guinea's people belong to twenty-four ethnic groups. French, the official language of Guinea, is the main language of communication in schools, in government administration, in the media, and among the country's security forces, but more than twenty-four indigenous languages are also spoken. Guinea's economy is largely dependent on agriculture and mineral production. It is the world's second largest producer of bauxite, and has rich deposits of diamonds and gold.

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Human rights in Guinea remain controversial. In 2011 the United States government claimed that torture by security forces, and abuse of women and children (e.g. female genital mutilation) were ongoing abuses of human rights. The country is named after the Guinea region. Guinea is a traditional name for the region of Africa that lies along the Gulf of Guinea. It stretches north through the forested tropical regions and ends at the Sahel. The English term Guinea comes directly from the Portuguese word GuinĂŠ, which emerged in the mid-15th century to refer to the lands inhabited by the Guineus, a generic term for the black African peoples below the Senegal River, as opposed to the 'tawny' Zenaga Berbers, above it, whom they called Azenegues or Moors. The country is currently at the core of the 2014 Ebola outbreak giving it a bleak prospect for the upcoming years in terms of humanitarian situation and GDP growth.

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History of Equatorial Guinea The land that is now Guinea belonged to a series of African empires until France colonized it in the 1890s, and made it part of French West Africa. Guinea declared its independence from France on 2 October 1958. Since independence until the presidential election of 2010, Guinea was governed by a number of autocratic rulers.

West African Empires and Kingdoms in Guinea What is now Guinea was on the fringes of the major West African empires. The Ghana Empire is believed to be the earliest of these which grew on trade but contracted and ultimately fell due to the hostile influence of the Almoravids. It was in this period that Islam first arrived in the region. The Sosso kingdom (12th to 13th centuries) briefly flourished in the void but the Islamic Mandinka Mali Empire came to prominence when Soundiata Kéïta defeated the Sosso ruler, Soumangourou Kanté at the semi-historical Battle of Kirina in c. 1235. The Mali Empire was ruled by Mansa (Emperors), the most famous being Kankou Moussa, who made a famous hajj to Mecca in 1324. Shortly after his reign the Mali Empire began to decline and was ultimately supplanted by its vassal states in the 15th century. The most successful of these was the Songhai Empire, expanding its power from about 1460, and eventually surpassing the Mali Empire in both territory and wealth. It continued to prosper until a civil war over succession followed the death of Askia Daoud in 1582. The weakened empire fell Page 11 of 50

to invaders from Morocco at the Battle of Tondibi just 3 years later. The Moroccans proved unable to rule the kingdom effectively, however, and it split into many small kingdoms. After the fall of the major West African empires, various kingdoms existed in what is now Guinea. Fulani Muslims migrated to Futa Jallon in Central Guinea and established an Islamic state from 1735 to 1898 with a written constitution and alternate rulers. The Wassoulou or Wassulu empire was a short-lived (1878–1898) empire, led by Samori Ture in the predominately Malinké area of what is now upper Guinea and southwestern Mali (Wassoulou). It moved to Ivory Coast before being conquered by the French.

Colonial Era The slave trade came to the coastal region of Guinea with European traders in the 16th century. Slavery had always been part of everyday life but the scale increased as slaves were exported to work elsewhere in the triangular trade. Guinea's colonial period began with French military penetration into the area in the mid-19th century. French domination was assured by the defeat in 1898 of the armies of Samori Touré, Mansa (or Emperor) of the Ouassoulou state and leader of Malinké descent, which gave France control of what today is Guinea and adjacent areas. France negotiated Guinea's present boundaries in the late 19th and early 20th centuries with the British for Sierra Leone, the Portuguese for their Guinea colony (now Guinea-Bissau), and Liberia. Under the French, the country formed the Territory of Guinea within French West Africa, administered by a governor general resident in Dakar. Lieutenant governors administered the individual colonies, including Guinea.

Independence and Post-Colonial Rule (1958-2008) In 1958 the French Fourth Republic collapsed due to political instability and its failures in dealing with its colonies, especially Indochina and Algeria. The founding of a Fifth Republic was supported by the French people, while French President Charles de Gaulle made it clear on 8 August 1958 that France's colonies were to be given a stark choice between more autonomy in a new French Community and immediate independence in the referendum to be held on 28 September 1958. The other colonies chose the former but Guinea — under the leadership of Ahmed Sékou Touré whose Democratic Party of Guinea (PDG) had won 56 of 60 seats in 1957 territorial elections — voted overwhelmingly for independence. The French withdrew quickly, and on 2 October 1958, Guinea proclaimed itself a sovereign and independent republic, with Sékou Touré as president. Following France's withdrawal, Guinea quickly aligned itself with the Soviet Union and adopted socialist policies. This alliance was short lived, however, as Guinea moved towards a Chinese model of socialism. Despite this, however, the country continued to receive aid and investment from capitalist countries such as the U.S.. Even the relationship with France improved, after the election of Valéry Giscard d'Estaing as president, trade increased and the two countries exchanged diplomatic visits. Page 12 of 50

By 1960, Touré had declared the PDG the only legal party. For the next 24 years, the government and the PDG were one. Touré was reelected unopposed to four seven-year terms as president, and every five years voters were presented with a single list of PDG candidates for the National Assembly. Advocating a hybrid African Socialism domestically and Pan-Africanism abroad, Touré quickly became a polarising leader, and his government became intolerant of dissent, imprisoning hundreds, and stifling free press. At the same time, the Guinean government nationalised land, removed French appointed and traditional chiefs from power, and broke ties with French government and companies. Vacillating between support for the Soviet Union and (by the late 1970s) the United States, Guinea's economic situation became as unpredictable as its diplomatic line. Alleging plots and conspiracies against him at home and abroad, Touré‘s regime targeted real and imagined opponents, driving thousands of political opponents into exile. In 1970, Portuguese forces, from neighboring Portuguese Guinea, staged Operation Green Sea, a raid into Guinea with the support of exiled Guinean opposition forces. Among other goals, the Portuguese military wanted to kill or capture Sekou Toure due his support of the PAIGC, a guerilla movement operating inside Portuguese Guinea. After several days of fierce fighting, the Portuguese forces retreated without achieving most of their goals. The regime of Sékou Touré increased the number of internal arrests and executions. Sékou Touré died on 26 March 1984 after a heart operation in the United States, and was replaced by Prime Minister Louis Lansana Beavogui, who was to serve as interim president pending new elections. The PDG was due to elect a new leader on 3 April 1984. Under the constitution, that person would have been the only candidate for president. However, hours before that meeting, Colonels Lansana Conté and Diarra Traoré seized power in a bloodless coup. Conté assumed the role of president, with Traoré serving as prime minister until December. Conté immediately denounced the previous regime‘s record on human rights, released 250 political prisoners and encouraged approximately 200,000 more to return from exile. He also made explicit the turn away from socialism, but this did little to alleviate poverty and the country showed no immediate signs of moving towards democracy. In 1992, Conté announced a return to civilian rule, with a presidential poll in 1993 followed by elections to parliament in 1995 (in which his party - the Party of Unity and Progress - won 71 of 114 seats.) Despite his stated commitment to democracy, Conté's grip on power remained tight. In September 2001 the opposition leader Alpha Condé was imprisoned for endangering state security, though he was pardoned 8 months later. He subsequently spent a period of exile in France. In 2001 Conté organized and won a referendum to lengthen the presidential term and in 2003 begun his third term after elections were boycotted by the opposition. In January 2005, Conté survived a suspected assassination attempt while making a rare public appearance in the capital Conakry. His opponents claimed that he was a "tired dictator" whose departure was inevitable,

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whereas his supporters believed that he was winning a battle with dissidents. Guinea still faces very real problems and according to Foreign Policy is in danger of becoming a failed state. In 2000 Guinea became embroiled in the instability which had long blighted the rest of West Africa as rebels crossed the borders with Liberia and Sierra Leone and it seemed for a time that the country was headed for civil war. Conté blamed neighbouring leaders for coveting Guinea's natural resources, though these claims were strenuously denied. In 2003 Guinea agreed plans with her neighbours to tackle the insurgents. In 2007 there were big protests against the government, resulting in the appointment of a new prime minister.

Recent History Conté remained in power until his death on 23 December 2008 and several hours following his death, Moussa Dadis Camara seized control in a coup, declaring himself head of a military junta. Protests against the coup became violent and 157 people were killed when on 28 September 2009 the junta ordered its soldiers to attack people who had gathered to protest Camara's attempt to become president. The soldiers went on a rampage of rape, mutilation, and murder which caused many foreign governments to withdraw their support for the new regime. On 3 December 2009, an aide shot Camara during a dispute about the rampage of September 2009. Camara went to Morocco for medical care. Vice-President (and defense minister) Sékouba Konaté flew back from Lebanon to run the country in Camara's absence. On 12 January 2010 Page 14 of 50

Camara was flown from Morocco to Burkina Faso.[28] After meeting in Ouagadougou on 13 and 14 January, Camara, Konaté and Blaise Compaoré, President of Burkina Faso, produced a formal statement of twelve principles promising a return of Guinea to civilian rule within six months. It was agreed that the military would not contest the forthcoming elections, and Camara would continue to remain outside of Guinea. On 21 January 2010 the military junta appointed JeanMarie Doré as Prime Minister of a six-month transition government, leading up to elections. The presidential election was held on 27 June and was the first free and fair election since independence in 1958. Ex Prime Minister Cellou Dalein Diallo and his rival Alpha Condé emerged as the two runners-up for the second round. However, due to allegations of electoral fraud, the second round of the election was postponed until 19 September 2010 and then again until 10 October. Yet another delay until 24 October was announced in early October. Elections were finally held on 7 November. Voter turnout was high, and the elections went relatively smoothly. 16 November 2010, Alpha Condé, the leader of the opposition party Rally of the Guinean People (RGP), was officially declared the winner and he promised to reform the security sector and review mining contracts. On the night of 18 July 2011, President Condé's residence was attacked in a failed attempted coup. In April 2012, President Condé postponed legislative elections indefinitely, citing the need to ensure that they were "transparent and democratic".

2013 Protests The opposition coalition withdrew from the electoral process in mid-February, mainly due to President Conde's insistence on using a suspicious South African firm Waymark Infotech to draw up the registered voter list. In late February 2013, political violence erupted in Guinea after protesters took to the streets to voice their concerns over the transparency of the upcoming May 2013 elections. The demonstrations were fueled by the opposition coalition‘s decision to step down from the electoral process in protest at the lack of transparency in the preparations for elections. Nine people were killed during the protests, while around 220 were injured, and many of the deaths and injuries were caused by security forces using live fire on protesters. The political violence also led to inter-ethnic clashes between the Fula and Malinke peoples, the latter forming the base of support for President Condé, with the former consisting mainly of the opposition. On 26 March 2013 the opposition party backed out of the negotiation with the government over the upcoming 12 May election. The opposition claimed that the government has not respected them, and have not kept any promises they agreed to. This is expected to lead to more protests and fighting in the streets of Guinea.

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Politics & Government Former Rulers 1958 – 1984 Ahmed Sékou Touré 1984 – 2008 Lansana Conté Dec 22, 2008 - Dec 3, 2009 Capt. Moussa Dadis Camara 2009 - 2010- Gen. Sekouba Konate December 2010 - Alpha Conde The country is a republic. The president is directly elected by the people and is head of state and head of government. The Unicameral National Assembly is the legislative body of the country, and its members are directly elected by the people. The judicial branch is led by the Guinea Supreme Court, the highest and final Court of appeal in the country. Guinea is a member of many international organizations including the African Union, Agency for the French-Speaking Community, African Development Bank, Economic Community of West African States, World Bank, Islamic Development Bank, IMF, and the United Nations.

______ As President Condé settled into his first year as president in 2011 the US government announced the reinstatement of the benefits of a preferential trade deal, known as the African Growth and Opportunity Act, to Guinea. This was as a reward for what the US sees as "continual progress" made in good governance and democracy. In a bid to cub corruption, reduce the environmental impact of activities and make more money available for development, Guinea launched a new mining code. Though several foreign firms warned that the code will deter investors, the Guinean public stood behind the code.

Political Culture President Alpha Conde derives support from Guinea's second-largest ethnic group, the Malinke. Guinea's opposition is backed by the Fula ethnic group, also known as Peul, who account for around 40 percent of the population. Page 17 of 50

Executive Branch The president of Guinea is normally elected by popular vote for a five-year term; candidate must receive a majority of the votes cast to be elected president. The president governs Guinea, assisted by a council of 25 civilian ministers appointed by him. The government administers the country through eight regions, 33 prefectures, over 100 subprefectures, and many districts (known as communes in Conakry and other large cities and villages or "quartiers" in the interior). District-level leaders are elected; the president appoints officials to all other levels of the highly centralized administration. Since the 2010 Presidential Elections, the head of state has been Alpha Condé.

Legislative Branch The National Assembly of Guinea, the country's legislative body, has not met since 2008 when it was dissolved after the military coup in December. Elections have been postponed many times since 2007. In April 2012, President Condé postponed the elections indefinitely, citing the need to ensure that they were "transparent and democratic". The 2013 Guinean legislative election were held on 24 September 2013. President Alpha Condé's party, the Rally of the Guinean People (RPG), won a plurality of seats in the National Assembly of Guinea, with 53 out of 114 seats. The opposition parties won a total of 53 seats, and opposition leaders denounced the official results as fraudulent.

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Foreign Relations Guinea's foreign relations, including those with its West African neighbors, have improved steadily since 1985.

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Geography Area: 245,857sqkm Land boundaries: Cote d'Ivoire 610km, Guinea-Bissau 386km, Liberia 563km, Mali 858km, Senegal 330km, Sierra Leone 652km Quirks Guinea has the wettest capital on earth, with 3.7 metres of rain a year Environmental Issues Deforestation Inadequate supplies of fresh water Desertification Soil contamination and erosion Overfishing Overpopulation in forest region Poor mining practices have led to environmental damage

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Guinea shares its northern border with Guinea-Bissau, Senegal, and Mali, and its southern border with Sierra Leone, Liberia, and Ivory Coast. The nation forms a crescent as it curves from its western border on the Atlantic Ocean toward the east and the south. The sources of the Niger River, Gambia River, and Senegal River are all found in the Guinea Highlands. At 245,857 km2 (94,926 sq mi), Guinea is roughly the size of the United Kingdom. There are 320 km (200 mi) of coastline and a total land border of 3,400 km (2,100 mi). Its neighbours are Ivory Coast (Côte d'Ivoire), Guinea-Bissau, Liberia, Mali, Senegal and Sierra Leone. It lies mostly between latitudes 7° and 13°N, and longitudes 7° and 15°W (a small area is west of 15°). Guinea is divided into four main regions: the Basse-Coté lowlands, populated mainly by the Susu ethnic group; the cooler, mountainous Fouta Djallon that run roughly north-south through the middle of the country, populated by Fulas, the Sahelian Haute-Guinea to the northeast, populated by Malinké, and the forested jungle regions in the southeast, with several ethnic groups. Guinea's mountains are the source for the Niger, the Gambia, and Senegal Rivers, as well as the numerous rivers flowing to the sea on the west side of the range in Sierra Leone and Ivory Coast. The highest point in Guinea is Mount Nimba at 1,752 m (5,748 ft). Although the Guinean and Ivorian sides of the Nimba Massif are a UNESCO Strict Nature Reserve, the portion of the socalled Guinean Backbone continues into Liberia, where it has been mined for decades; the damage is quite evident in the Nzérékoré Region at 7°32′17″N 8°29′50″W.

Regions and Prefectures The Republic of Guinea covers 245,857 square kilometres (94,926 sq mi) of West Africa about 10 degrees north of the equator. Guinea is divided into four natural regions with distinct human, geographic, and climatic characteristics:    

Maritime Guinea (La Guinée Maritime) covers 18% of the country Middle Guinea (La Moyenne-Guinée) covers 20% of the country Upper Guinea (La Haute-Guinée) covers 38% of the country Forested Guinea (Guinée forestière) covers 23% of the country, and is both forested and mountainous

Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures. Conakry is Guinea's capital, largest city, and economic centre. Nzérékoré, located in the Guinée forestière region in Southern Guinea, is the second largest city. Other major cities in the country with a population above 100,000 include Kankan, Kindia, Labe, Guéckédou, Boke, Mamou and Kissidougou.

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

Region

Capital

Conakry Region Nzérékoré Region Kankan Region Kindia Region Boké Region Labé Region Faranah Region Mamou Region

Conakry Nzérékoré Kankan Kindia Boké Labé Faranah Mamou

Population (2014 census) 1,667,864 1,663,582 1,986,329 1,559,185 1,081,445 995,717 942,733 732,117

The capital Conakry with a population of 1,667,864 ranks as a special zone.

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Demographics Major Languages French, Pular, Maninka and Sussu Religious portfolio Muslim 85%, Christian 8%, Indigenous beliefs 7% National Make-up Peuhl 40%, Malinke 30%, Soussou 20% (â&#x20AC;&#x2014;Susuâ&#x20AC;&#x2DC;), Smaller ethnic groups 10% ______ Capital Conakry Altitude: 12m Population: 1.871 million people Population Size: 10,884,958 (2012) Life expectancy: 57.1 years Gender Make-Up: Female - 50% and Male - 50% GDP per capita $ 1,100 (2011) $ 1,100 (2010) ______

The population of Guinea is estimated at 10.5 million. Conakry, the capital and largest city, is the hub of Guinea's economy, commerce, education, and culture. In 2014, the total fertility rate (TFR) of Guinea was estimated at 4.93 children born per woman.

Languages The official language of Guinea is French. Other significant languages spoken are Pular (Fulfulde or Fulani), Maninka (Malinke), Susu, Kissi, Kpelle,and Loma,

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Ethnic Groups The population of Guinea comprises about 24 ethnic groups. The Fulas or Fulani (French: Peuls; Fula: Fulɓe), comprise 40% of the population and are mostly found in the Futa Djallon region. The Mandinka, also known as Mandingo or Malinké, comprise 26% of the population and are mostly found in eastern Guinea concentrated around the Kankan and Kissidougou prefectures. The Soussou, comprising 11% of the population, are predominantly in western areas around the capital Conakry, Forécariah, and Kindia. Smaller ethnic groups make up the remaining 23% of the population, including Kpelle, Kissi, Zialo, Toma and others. Approximately 10,000 nonAfricans live in Guinea, predominantly Lebanese, French, and other Europeans.

Religion Guinea is approximately 85 percent Muslim, 8 percent Christian, with 7 percent adhering to indigenous religious beliefs. Much of the population, both Muslim and Christian, also incorporate indigenous African beliefs into their outlook. Guinean Muslims are generally Sunni of Maliki school of jurisprudence, influenced with Sufism, with many Ahmadiyya; there are relatively few Shi'a in Guinea. Christian groups include Roman Catholics, Anglicans, Baptists, Seventh-day Adventists, and other Evangelical groups. Jehovah's Witnesses are active in the country and recognized by the Government. There is a small Baha'i community. There are small numbers of Hindus, Buddhists, and traditional Chinese religious groups among the expatriate community. There were 3 days of ethno-religious fighting in the city of Nzerekore in July 2013. Fighting between ethnic Kpelle, who are Christian or animist, and ethnic Konianke, who are Muslims and close to the larger Malinke ethnic group, left at least 54 dead. The dead included people who were killed with machetes and burned alive. The violence ended after the Guinea military imposed a curfew, and President Conde made a televised appeal for calm.

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Conakry

Capital and largest city

9°31′N 13°42′W French

Official languages Vernacular languages

Ethnic groups

  

Fula Maninka Susu

     

40.3% Fula 25.8% Mandinka 11.0% Susu 6.5% Kissi 4.8% Kpelle 11.6% others[1]

Guinean Presidential republic Alpha Condé (RPG)[2] Mohamed Said Fofana (RPG)[3] National Assembly Independence from France 2 October 1958 Area 245,836 km2 (78th) Total 94,926 sq mi Water (%) negligible Population July 2009 estimate 10,057,975 (81st) 2014 census 10,628,972 40.9/km2 Density 106.1/sq mi GDP (PPP) 2011 estimate Total $11.464 billion Per capita $1,082 GDP (nominal) 2011 estimate Total $5.212 billion Per capita $492 40.3 Gini (1994) medium 0.392[6] HDI (2013) low · 179th Guinean franc (GNF) Currency (UTC+0) Time zone right Drives on the +224 Calling code Demonym Government President Prime Minister Legislature

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GN .gn

ISO 3166 code Internet TLD

Culture Polygamy Polygamy is prohibited by law in Guinea. UNICEF reports that 53.4% of Guinean women aged 15â&#x20AC;&#x201C;49 are in polygamous marriages.

Music Like other West African countries, Guinea has a rich musical tradition. The group Bembeya Jazz became popular in the 1960s after Guinean independence.

Cuisine Guinean cuisine varies by region with rice as a common staple. Cassava is also widely consumed. Part of West African cuisine, the foods of Guinea include fufu, jollof rice, maafe, tapalapa bread. In rural areas food is eaten from a large serving dish and eaten by hand outside of homes.

Female Genital Mutilation According to Anastasia Gage, an associate professor at Tulane University, and Ronan van Rossem, an associate professor at Ghent University, female genital mutilation in Guinea had been performed on more than 98% of women as of 2009. In Guinea almost all cultures, religions, and ethnicities practice female genital mutilation.

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The Guinean Economy

An overwhelming majority of the Guinean population continues to live in poverty despite the country's rich mineral wealth. This year was especially tough as the price of fuel increased by 27% in October, double the price 10 months previously. Ethnic and national tensions have coalesced around the issue of refugees. Victims of the Sierra Leonean and Liberian civil wars were initially welcomed in the early and middle 1990s. However, when the country's border towns were attacked in 2000, President ContĂŠ made a radio address in which he accused the refugees of harbouring rebels and ordered them to leave the country. Most of Guineaâ&#x20AC;&#x2DC;s people live on less that $1 a day despite the fact that Guinea is a leading bauxite exporter. Recent strikes in opposition to the current military government have had [negative] implications on the nation's economy, particularly the mining industry. Nonetheless, the democratic political transition has opened way for new improved mining contracts with mining companies and especially the Chinese government. ______ Guinea has abundant natural resources including 25 percent or more of the world's known bauxite reserves. Guinea also has diamonds, gold, and other metals. The country has great potential for hydroelectric power. Bauxite and alumina are currently the only major exports. Other industries include processing plants for beer, juices, soft drinks and tobacco. Agriculture employs 80 percent of the nation's labor force. Under French rule, and at the beginning of Page 30 of 50

independence, Guinea was a major exporter of bananas, pineapples, coffee, peanuts, and palm oil.

Mining Guinea possesses over 25 billion tonnes (metric tons) of bauxite – and perhaps up to one-half of the world's reserves. In addition, Guinea's mineral wealth includes more than 4-billion tonnes of high-grade iron ore, significant diamond and gold deposits, and undetermined quantities of uranium. Guinea has considerable potential for growth in agricultural and fishing sectors. Soil, water, and climatic conditions provide opportunities for large-scale irrigated farming and agro industry. Possibilities for investment and commercial activities exist in all these areas, but Guinea's poorly developed infrastructure and rampant corruption continue to present obstacles to large-scale investment projects. Joint venture bauxite mining and alumina operations in northwest Guinea historically provide about 80% of Guinea's foreign exchange. Bauxite is refined into alumina, which is later smelted into aluminium. The Compagnie des Bauxites de Guinea (CBG), which exports about 14 million tonnes of high-grade bauxite annually, is the main player in the bauxite industry. CBG is a joint venture, 49% owned by the Guinean Government and 51% by an international consortium known as Halco Mining Inc., a joint venture of Dadco Mining and Rio Tinto Alcan. The Compagnie des Bauxites de Kindia (CBK), a joint venture between the Government of Guinea and RUSAL, produces some 2.5 million tonnes annually, nearly all of which is exported to Russia and Eastern Europe. Dian Dian, a Guinean/Ukrainian joint bauxite venture, has a projected production rate of 1,000,000 t (1,102,311 short tons; 984,207 long tons) per year, but is not expected to begin operations for several years. The Alumina Compagnie de Guinée (ACG), which took over the former Friguia Consortium, produced about 2.4 million tonnes in 2004 as raw material for its alumina refinery. The refinery exports about 750,000 tonnes of alumina. Both Global Alumina and Alcoa-Alcan have signed conventions with the Government of Guinea to build large alumina refineries with a combined capacity of about 4 million tonnes per year. Diamonds and gold also are mined and exported on a large scale. AREDOR, a joint diamondmining venture between the Guinean Government (50%) and an Australian, British, and Swiss consortium, began production in 1984 and mined diamonds that are 90% gem quality. Production stopped from 1993 until 1996, when First City Mining, of Canada, purchased the international portion of the consortium. The bulk of diamonds are mined artisanally. The largest gold mining operation in Guinea is a joint venture between the government and Ashanti Goldfields of Ghana. Société Minière de Dinguiraye (SMD) also has a large gold mining facility in Lero, near the Malian border. Guinea has large reserves of the steel-making raw material, iron ore. Rio Tinto is the majority owner of the $6 billion Simandou iron ore project, which the firm says is the world's best unexploited resource. Rio Tinto has signed a binding agreement with Aluminum Corp. of China Ltd. to establish the joint venture for the Simandou iron ore project. This project is said to be of the same magnitude as the Pilbara in Western Australia.

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In September 2011, Guinea adopted a new mining code. The law set up a commission to review deals struck during the chaotic days between the end of dictatorship in 2008 and CondĂŠ coming to power.

Problems and Reforms In 2002, the IMF suspended Guinea's Poverty Reduction and Growth Facility (PRGF) because the government failed to meet key performance criteria. In reviews of the PRGF, the World Bank noted that Guinea had met its spending goals in targeted social priority sectors. However, spending in other areas, primarily defense, contributed to a significant fiscal deficit. The loss of IMF funds forced the government to finance its debts through Central Bank advances. The pursuit of unsound economic policies has resulted in imbalances that are proving hard to correct. Under then-Prime Minister Diallo, the government began a rigorous reform agenda in December 2004 designed to return Guinea to a PRGF with the IMF. Exchange rates have been allowed to float, price controls on gasoline have been loosened, and government spending has been reduced while tax collection has been improved. These reforms have not reduced inflation, which hit 27% in 2004 and 30% in 2005. Currency depreciation is also a concern. The Guinea franc was trading at 2550 to the dollar in January 2005. It hit 5554 to the dollar by October 2006. Despite the opening in 2005 of a new road connecting Guinea and Mali, most major roadways remain in poor repair, slowing the delivery of goods to local markets. Electricity and water shortages are frequent and sustained, and many businesses are forced to use expensive power generators and fuel to stay open. Even though there are many problems plaguing Guinea's economy, not all foreign investors are reluctant to come to Guinea. Global Alumina's proposed alumina refinery has a price tag above $2 billion. Alcoa and Alcan are proposing a slightly smaller refinery worth about $1.5 billion. Taken together, they represent the largest private investment in sub-Saharan Africa since the Chad-Cameroon oil pipeline. Also, Hyperdynamics Corporation, an American oil company, signed an agreement in 2006 to develop Guinea's offshore Senegal Basin oil deposits in a concession of 31,000 square miles (80,000 km2); it is pursuing seismic exploration. On 13 October 2009, Guinean Mines Minister Mahmoud Thiam announced that the China International Fund would invest more than $7bn (ÂŁ4.5bn) in infrastructure. In return, he said the firm would be a "strategic partner" in all mining projects in the mineral-rich nation. He said the firm would help build ports, railway lines, power plants, low-cost housing and even a new administrative centre in the capital, Conakry. In September 2011, Mohamed Lamine Fofana, the Mines Minister following the 2010 election, said that the government had overturned the agreement by the ex-military junta.

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Youth unemployment, however, remains a large problem. Guinea needs an adequate policy to address the concerns of the urban youth. The problem is the disparity between their life and what they see on television. As the youth cannot find jobs, seeing the economic power and consumerism of richer countries only serves to frustrate them further.

Oil Guinea signed a Production sharing agreement with Hyperdynamics Corporation of Houston in 2006 to explore a large offshore tract, recently in partnership with Dana Petroleum PLC (Aberdeen, United Kingdom). The initial well, the Sabu-1, was scheduled to begin drilling in October 2011 at a site in approximately 700 meters of water. The Sabu-1 will target a four-way anticline prospect with upper Cretaceous sands and is anticipated to be drilled to a total depth of 3,600 meters. Following the completion of exploratory drilling in 2012, the Sabu-1 well was not deemed commercially viable. In November 2012, Hyperdynamics subsidiary SCS reached an agreement for a sale of 40% of the concession to Tullow Oil, bringing ownership shares in the Guinea offshore tract to 37% Hyperdynamics, 40% Tullow Oil, and 23% Dana Petroleum. Hyperdynamics will have until September 2016 under the current agreement to begin drilling its' next selected site, the Fatala turbidite fan prospect.

Transport Infrastructure The railway from Conakry to Kankan ceased operating in the mid-1980s. Domestic air services are intermittent. Most vehicles in Guinea are 20+ years old, and cabs are any four-door vehicle which the owner has designated as being for hire. Locals, nearly entirely without vehicles of their own, rely upon these taxis (which charge per seat) and small buses to take them around town and across the country. There is some river traffic on the Niger and Milo rivers. Horses and donkeys pull carts, primarily to transport construction materials.

Mining operations are expected to start at Simandou before the end of 2015. Rio Tinto Limited plans to build a 650 km railway to transport iron ore from the mine to the coast, near Matakong, for export. Much of the Simandou iron ore is expected to be shipped to China for steel production. Conakry International Airport is the largest airport in the country, with flights to other cities in Africa as well as to Europe.

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Education & Healthcare The literacy rate of Guinea is one of the lowest in the world: in 2010 it was estimated that only 41% of adults were literate (52% of males and 30% of females). Primary education is compulsory for 6 years, but most children do not attend for so long, and many do not go to school at all. In 1999, primary school attendance was 40 percent. Children, particularly girls, are kept out of school in order to assist their parents with domestic work or agriculture, or to be married: Guinea has one of the highest rates of child marriage in the world.

Healthcare Ebola In 2014 there was an outbreak of the Ebola virus in Guinea. In response, the health ministry banned the sale and consumption of bats, thought to be carriers of the disease. Despite this measure, the virus eventually spread from rural areas to Conakry, and by late June 2014 had spread to neighboring countries Sierra Leone and Liberia. In early August 2014 Guinea closed its borders to Sierra Leone and Liberia to help contain the spreading of the virus, as more new cases of the disease were being reported in those countries than in Guinea. The outbreak began in early December, in a village called Meliandou, southeastern Guinea, not far from the borders with both Liberia and Sierra Leone. The first known case was a two-year-old child who died, after fever and vomiting and passing black stool, on December 6. The child's mother died a week later, then a sister and a grandmother, all with symptoms that included fever, vomiting, and Page 35 of 50

diarrhea. Then, by way of caregiving visits or attendance at funerals, the outbreak spread to other villages.

Maternal and Child Healthcare In June 2011, the United Nations Population Fund released a report on The State of the World's Midwifery. It contained new data on the midwifery workforce and policies relating to newborn and maternal mortality for 58 countries. The 2010 maternal mortality rate per 100,000 births for Guinea is 680. This is compared with 859.9 in 2008 and 964.7 in 1990. The under 5 mortality rate, per 1,000 births is 146 and the neonatal mortality as a percentage of under 5's mortality is 29. In Guinea the number of midwives per 1,000 live births is 1 and the lifetime risk of death for pregnant women is 1 in 26. Guinea has the second highest prevalence of female genital mutilation in the world.

HIV/AIDS An estimated 170,000 adults and children were infected at the end of 2004. Surveillance surveys conducted in 2001 and 2002 show higher rates of HIV in urban areas than in rural areas. Prevalence was highest in Conakry (5%) and in the cities of the Forest Guinea region (7%) bordering Côte d‘Ivoire, Liberia, and Sierra Leone. HIV is spread primarily through multiple-partner heterosexual intercourse. Men and women are at nearly equal risk for HIV, with young people aged 15 to 24 most vulnerable. Surveillance figures from 2001–2002 show high rates among commercial sex workers (42%), active military personnel (6.6%), truck drivers and bush taxi drivers (7.3%), miners (4.7%), and adults with tuberculosis (8.6%). Several factors are fueling the HIV/AIDS epidemic in Guinea. They include unprotected sex, multiple sexual partners, illiteracy, endemic poverty, unstable borders, refugee migration, lack of civic responsibility, and scarce medical care and public services.

Malnutrition Malnutrition is a serious problem for Guinea. A 2012 study reported high chronic malnutrition rates, with levels ranging from 34% to 40% by region, as well as acute malnutrition rates above 10% in Upper Guinea‘s mining zones. The survey showed that 139,200 children suffer from acute malnutrition, 609,696 from chronic malnutrition and further 1,592,892 suffer from anemia. Degradation of care practices, limited access to medical services, inadequate hygiene practices and a lack of food diversity explain these levels.

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Malaria Malaria is prevalent in Guinea. It is transmitted year-round, with peak transmission from July through October. Malaria is one of the top causes of disability in Guinea.

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The Guinean Military Guinea's armed forces are divided into five branches – army, navy, air force, the paramilitary National Gendarmerie and the Republican Guard – whose chiefs report to the Chairman of the Joint Chiefs of Staff, who is subordinate to the Minister of Defense. In addition, regime security forces include the National Police Force (Sûreté National). The Gendarmerie, responsible for internal security, has a strength of several thousand. The army, with about 15,000 personnel, is by far the largest branch of the armed forces. It is mainly responsible for protecting the state borders, the security of administered territories, and defending Guinea's national interests. Air force personnel total about 700. The force's equipment includes several Russian-supplied fighter planes and transports. The navy has about 900 personnel and operates several small patrol craft and barges.

[President] Condé has also had to deal with tension with some of his neighbours. He accused Senegal and Gambia of involvement in an assassination attempt against him in July which included elements in his own army. He said both the Senegalese and Gambian governments were ―fully aware‖ of the plot, which was carried out at the five star Hotel Méridien Président in Dakar. One neighbourly relationship which Guinea has improved on is with Sierra Leone. The leaders of the two nations are poised to settle an almost decade long border dispute The UN has found evidence of drug factories capable of producing heroin, cocaine and ecstasy in Guinea

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The Major Conflicts Military Coup of 2008 Led by: Captain Moussa Dadis Camara and military vs the government (just a few hours after President Lansana Conte died) Why: Governmental Control Outcome: Capt Camara became the leader of the new military junta.

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Sports Popular Sports Football, Swimming, Hiking, Table Tennis Famous Sportsmen and Sportswomen Aboubacar “Titi” Camara: Was the stalwart of the Guinea national soccer team from early 1990s until early 2000s; Dianbobo “Bobo” Balde: A member of the Guinea national soccer team that made it to the last eight in the 2004, 2006 and 2008 Africa Cup of Nations.

The African Cup of Nations

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Notes ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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Attachment A Guinean Law & Justice

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Guinean Law & Justice The judicial system is based on French civil law, customary law, and decree; legal codes are under revision, and Guinea has not accepted compulsory ICJ jurisdiction. In 1958 and 1965, the government introduced some customary law, but retained French law as the basic framework for the court system.

The system is composed of courts of first instance, two Courts of Appeal (in Kankan and in Conakry) and the Supreme Court. There is also a State Security Court (Cour de SĂťretĂŠ de l'Etat), which tried the 1985 coup plotters, and conducted the Alpha CondĂŠ trial in 1999/2000. The legality of this court was debated in the February 1996 putsch. The Supreme Court ruled in favor of its validity since it predated the 1990 constitution, and the constitution failed to specifically address its existence. A military tribunal exists to handle criminal cases involving military personnel. A traditional system of dispute resolution exists at the village and neighborhood level. Cases unresolved at this level may be referred to the courts for further consideration. The traditional system has been found to discriminate against women. Although the 1990 constitution guarantees the independence of the judiciary, magistrates have no tenure and are susceptible to influence by the executive branch. The penal code provides for the presumption of innocence, the equality of citizens before the law, the right to counsel, and the right to appeal a judicial decision. This code is supported by the constitution, which provides for the inviolability of the home, and judicial search warrants are required by law. In reality, police and paramilitary personnel often ignore these legal protections.

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In September 1996, the government announced the creation of a discipline council for dealing with civil servants who abuse their positions in the government. In June 1998, a special arbitration court was established to resolve business disputes.

______

http://www.nationsencyclopedia.com/Africa/Guinea-JUDICIAL-SYSTEM.html

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Equatorial Guinea At the Crossroads October 2003 Report of a Mission to Equatorial Guinea by the International Bar Association Human Rights Institute

Not for distribution or quotation except with the express permission of the International Bar Association

International Bar Association 271 Regent Street London W1B 2AQ United Kingdom tel: +44 (0)20 7629 1206. fax: +44 (0)20 7409 0456 www.ibanet.org

Report of the IBA Mission to Equatorial Guinea CONTENTS

Page

Executive Summary ......................................................................................................... 5 Chapter 1: Introduction .................................................................................................................. 9 Chapter 2: Overview of Equatorial Guinea ................................................................................ 11 Chapter 3: The Constitution, Legal System and Equatorial Guinea’s International Human Rights Treaty Obligations ...................................................... 15 Chapter 4: The Courts and the Judiciary ..................................................................................... 21 Chapter 5: The Legal Profession .................................................................................................. 29 Chapter 6: The Human Rights Situation ...................................................................................... 33 Chapter 7: Conclusions and Recommendations ......................................................................... 39

Equatorial Guinea – at the crossroads

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Executive Summary This is the summary of a report following a fact-finding mission to Equatorial Guinea of an international delegation of high level jurists between July 20-26 2003. During the mission, the delegation consulted widely with the Minister of Justice, the Secretary of Justice and other Government members, the Vice-President of the House of People’s Representative and other members of the Parliament, members of the Human Rights National Commission, the President of the Supreme Court, the President of the Court of Appeal of Bata, justices of the Constitutional Court, judges of first instance tribunals, the current President and Secretary of the Equatorial Guinea Bar Association, members of the European Union Office in Equatorial Guinea, members of the French technical cooperation office, members of the Spanish international cooperation office, members of the diplomatic corps, and Equato-Guinean doctors. The IBA is extremely grateful for the hospitality and assistance provided by all those whom it met. In particular thanks should go to the Minister of Justice for his invitation to the delegation to visit the country. The fact finding mission was organised by the Human Rights Institute of the IBA and was funded by the Foundation Open Society Institute (FOSI). The purpose of the delegation’s visit to Equatorial Guinea was a fact-finding mission to examine: The focus of the mission was the following: (A) To analyse the legal situation and, specifically, the independence of the judiciary and the legal profession in the course of carrying out their duties. (B) To examine any impediment, de facto or de jure, that may place limitations on or jeopardize the administration of justice. (C) To verify the legal guarantees aimed at the effective functioning of the judicial system, and whether these guarantees are respected in practice. Equatorial Guinea is a fledgling democracy. Only made fully independent in 1968, the country has now reached a crucial moment on its path to democracy. Following years of oppression and mismanagement under the cruel regime of Macias Nguema, the country was left shattered, impoverished and with little infrastructure. The recent discovery of oil has enhanced the profile of Equatorial Guinea and propelled it onto the world stage. As the overall wealth of the country increases, so does the pressure to ensure that areas such as justice, human rights and transparency are improved and focussed upon. The IBA’s Human Rights Institute (HRI) was concerned to hear of the dissolution of the Bar Association and of reports of torture during a high profile trial of 144 people accused of plotting a coup. After raising those concerns with the Government, the Minister of Justice invited the HRI to visit the country and produce a report including recommendations of the steps necessary to support the rule of law. Equatorial Guinea – at the crossroads

The HRI considers movement towards a true democracy to be critical to Equatorial Guinea playing a credible and leading role within the region.

A prerequisite to improving the economy,

attracting and maintaining international investors and maximising its own natural resources will be a strong and fair justice system. This must be reinforced by adherence to the rule of law and international and regional human rights standards. It is in this context that the IBA Human Rights Institute has produced this report. Summary of findings 1.

During its visit to Equatorial Guinea the delegation concluded that there is little respect for the rule of law, in particular there is no separation of powers. It was clear that the Executive exercises considerable control over both the legislature and the judiciary which impacts significantly on their ability to exercise sufficient checks and balances on the powers of the Executive.

There is a lack of a viable opposition to the governing party and the political pluralism promised within the constitution has not been fulfilled.

Freedom of speech and the press are strongly restricted to the extent that civil society is disempowered. The delegation was very concerned to note that there was no daily newspaper, bookshop or public library in Equatorial Guinea.

The combined impact of the lack of freedom of speech, press and association has meant that civil society has not been able to develop. This situation is critical. Without civil society it will be impossible to ensure that the rights and freedoms of the citizens in Equatorial Guinea are protected and upheld.

Torture, failure to guarantee the right to a fair trial, lack of freedom of expression and association, and poor prison conditions are just some examples of the abuses that occur with the impunity that exists in Equatorial Guinea. The failure of the judiciary to act independently is a further difficulty as it prevents ordinary citizens from seeking redress for human rights abuses.

The delegation was seriously concerned about the fairness of the trial of 144 alleged coup plotters, and the well being of all those now in prison as a result of that trial. From all reports and interviews held by the delegation it is clear that the trial fell well below the regional and international standards regarding fair trial proceedings.

While the delegation is delighted to learn of the release of PlĂĄcido MicĂł, the delegation remains very concerned at the conditions in which Felipe Ondo is reportedly being held and at reports of his ill-treatment.

The delegation has serious concerns about the lack of independence of the judiciary. This failure takes a number of forms:

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

(i) Failure to observe a lack of separation between the judiciary and the Executive; (ii) Interference with independent judicial activity by the Executive, through the appointment process and by failure to offer security of tenure; (iii)Corruption; (iv) The requirement of ‘loyalty’ to the Government of those judges appointed by the President; (v) The use of military judges who could be subject to pressure by virtue of ‘command responsibility’; (vi) The appointment of military judges to civilian courts which could lead to meddling in the administration of justice system by the military power and by the Government; (vii)The failure of some Executive authorities, primarily related to security bodies and military institutions, to abide by the law and court orders. 9.

The delegation concluded that the laws in Equatorial Guinea are either i) not written and thus never properly or consistently used; ii) the laws are inconsistent with the constitution; iii) the laws are outdated, and iv) they are ad hoc. There is an urgent need to initiate a programme of law reform. Although the Government professes to be engaged in the much needed codification of laws, it needs to demonstrate greater commitment to ensure that the laws are widely disseminated and that sufficiently qualified people are brought into undertake the task. This will require sufficient resources being made available.

10.

The delegation was extremely concerned about the lack of an independent Bar Association. The Government must desist from any interference in the Bar Association. The IBA recommends the establishment of a code of ethics and programme of continuing legal education for lawyers. An independent electoral process for positions within the executive of the Bar Association should be established and allowed to function without influence from the Government.

Recommendations 1.

The Equatorial Guinea Government must immediately desist from any act of harassment that prevents the Equatoguinean Courts from functioning independently and impartially in compliance with the rule of law.

Payment of salaries commensurate with the importance of the role of judges within society must be contemplated. This may help to alleviate corruption.

Judges should be trained lawyers with high levels of professionalism and legal ability. A continuing legal education programme is urgently required to provide refresher course in subjects such as judicial independence, human rights and professional ethics. The creation

Equatorial Guinea – at the crossroads

and implementation of these training courses should be carried out with the necessary help of professional institutions with sufficient experience. The IBA is willing to assist in this important process. 4.

An independent judicial regulatory body must be created to oversee judicial appointments, discipline, promotion, removal and salaries. In addition, the law relating to the security of tenure must be reviewed to ensure that it is adequate and steps taken to enforce it. The UN Basic Principles on the Independence of the Judiciary are a guide to the standards that should be adopted by this new independent body.

The judiciary should create its own association of judges in compliance with the international standards of freedom of association and freedom of expression. Through this association, judges could meet and discuss professional issues of mutual concern in a supportive atmosphere. It could also provide strong and committed judicial leadership to ensure fairness and equality in Equatoguinean courts. Through effective judicial education and interaction, the association might promote equal access to justice for all

The Equatorial Guinea Government must prove it is committed to democratic principles such as freedom of speech and association and allow an independent media to be established. Furthermore, steps must be taken to ensure the activities of political opponents and parties are not unlawfully restricted.

The Government of Equatorial Guinea must as a matter of urgency issue instructions to its police officers and other state agents instructing them to refrain from torture and other illtreatment. Those who continue to do so must be held accountable for their actions and be punished in accordance with the law. All victims of torture are entitled to redress which includes compensation.

In order to help combat torture, the Government must implement a training programme for law enforcement offices, security services and prison wardens on the to ensure that when faced with allegations of torture they are aware of the legal and procedural requirements set out in international law.

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Chapter 1: Introduction 1.1

This is the report of a fact-finding mission carried out by the International Bar Association’s Human Rights Institute to Equatorial Guinea from 20 to 26 July 2003 following increasing concerns at reports of torture, unfair trials and threats to the rule of law in Equatorial Guinea. There were direct reports also that the Minister of Justice had dissolved by decree the Equatorial Guinea Bar Association (the Colegio de Abogados de Guinea Ecuatorial), a member of the International Bar Association (IBA).

1.2

The focus of the mission was the following: a) To analyse the legal situation and, specifically, the independence of the judiciary and the legal profession in the course of carrying out their duties. b) To examine any impediment, de facto or de jure, that may place limitations on or jeopardise the administration of justice. c) To verify the legal guarantees aimed at the effective functioning of the judicial system, and whether these guarantees are respected in practice.

1.3

The mission was organised by the Human Rights Institute (HRI) of the IBA and funded by the Foundation Open Society Institute. The IBA is the world’s largest lawyers’ organisation with members in 192 countries. The HRI works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession worldwide. It is an independent, non-political organisation that was formed in 1995 under the honorary presidency of former South African President, Nelson Mandela. It is directed by Officers and a Council of members coming from 21 different countries.

1.4

The HRI has undertaken other similar missions. Its practice has been to send delegations comprising of experienced lawyers and judges who are required to exercise independence and impartiality in all aspects of their participation within the mission. Delegations take account of relevant standards in international law, customary international law, regional and national laws, and any published findings are assessed against such standards.

Equatorial Guinea Delegation Members 1.5

The HRI is grateful to the delegation members who accepted the invitation to take part in this mission. The IBA delegation members were: •

Ramon Mullerat OBE, Co-Chair of the IBA Human Rights Institute, Spain

•

Diego Lopez Medina, Professor of Constitutional Law, Los Andes University Law School, Colombia.

•

Tomas da Silva, Chairman of the Human Rights Commission of the Angolan Bar Association, Angola.

Equatorial Guinea – at the crossroads

•

Gonzalo Aguilar Cavallo, LLB, LLM, PhD. Complutense University, Madrid. Gonzalo Aguilar Cavallo is an Italian/Chilean national.

The delegation was assisted during the mission by Esther Major, IBA Human Rights Institute Administrator. 1.6

The IBA and the mission members would like to express their gratitude towards Dr da Silva. Dr da Silva made several attempts to join the IBA delegation, but was declined entry to the country twice, despite having collected his visa from the Consulate in Gabon. The IBA is extremely grateful to Dr da Silva for his diligent attempts to join the delegation. Dr da Silva kindly agreed to review the draft report and submit comments from Angola.

1.7

All delegation members come from civil law jurisdictions with legal systems similar to that of Equatorial Guinea.

Consultation 1.8

The members of the delegation read widely and were familiar with Equatorial Guinea’s 1992 Constitution and the 1995 amendment to the Constitution. During the mission, the delegation consulted widely with the Minister of Justice, the Secretary of Justice and other Government members, the Vice-President of the House of People’s Representatives and other members of the Parliament, members of the Human Rights National Commission, the President of the Supreme Court, the President of the Court of Appeal of Bata, justices of the Constitutional Court, judges of first instance tribunals, the current President and Secretary of the Equatorial Guinea Bar Association, members of the European Union Office in Equatorial Guinea, members of the French technical cooperation office, members of the Spanish international cooperation office, members of the diplomatic corps, and Equatoguinean doctors.

1.9

The IBA would like to thank all those it interviewed for their hospitality, insights, willingness to share information, patience in answering questions and candour.

1.10 The HRI and the delegation members wish to express their gratitude and appreciation to those who assisted them, in so many ways, during their visit to Equatorial Guinea. In particular, the delegation members were warmly received by the Minister of Justice Ruben Maye, Director General, the Chief Justice Silvestre Sialé Bileka, the Vice-President of the House People’s Representatives Angel Alogo Nchama, also President of the Human Rights Commission. The IBA also acknowledges the generous support of the Open Society Institute without which this mission would not have been possible. 1.11 This report is divided into five chapters. In the final chapter the delegation draws its conclusions and makes a number of recommendations. The delegation hopes that its conclusions and recommendations will be helpful in order to consolidate the rule of law in Equatorial Guinea and, in particular, improve the ability of the courts and legal profession to play their part in that process. 10

Equatorial Guinea – at the crossroads

Chapter 2: Overview of Equatorial Guinea Introduction 2.1

The Republic of Equatorial Guinea is 10,830 square miles (28,051 square kilometres), and is located in West Central Africa on the Atlantic coast. It includes the islands of Bioko, Annobón, Corisco, Elobey Grande, and Elobey Chico in the Gulf of Guinea, and Río Muni on the African mainland. Río Muni, which totals about 93 per cent of the nation's land area and 75 to 80 per cent of its population, is bordered by Cameroon in the north, by Gabon in the east and south, and by the Gulf of Guinea in the west.

2.2

Malabo, situated on Bioko, is the capital and largest city. In addition to Malabo, other important cities include Luba (also on Bioko) and Bata and Ebebiyín (in Río Muni). Currently, the Government spends six months a year in Bata to stimulate the development of the mainland. The country is divided into seven provinces: Annobón, Bioko Norte, Bioko Sur, Centro Sur, Kie-Ntem, Litoral and Wele-Nzas.

2.3

Equatorial Guinea and the island of Bioko were first colonised by the Portuguese in the late 15th century and developed as a major slave market. In 1788, the territory was handed over to the Spanish, who ran it as a protectorate of Spanish Guinea until 1959, when the colony was granted internal self-government. Full independence followed in 1968.

2.4

The first decade of independence was, however, blighted by the brutal and incompetent rule of President Macias Nguema. He was overthrown in a military coup led by his nephew, Lieutenant Colonel Teodoro Obiang, in 1979. Initially, conditions improved somewhat, as Equatorial Guinea gained international recognition and aid; it also joined the CFA Franc Zone. Relations with Spain, the former colonial power, remained difficult, as its bilateral aid was made dependent on progress in democratising the political system.

2.5

A democratic Constitution was conceded in 1991 and legislative elections held in November 1993. Amid a partial boycott led by the anti-government Combined Opposition Platform, the Obiang-controlled Partido Democratico Guinea Ecuatorial or Democratic Party for Equatorial Guinea (PDGE) won more than three quarters of the seats. A similar situation prevailed for the presidential elections that followed more than two years later, in February 1996. The three main opposition candidates withdrew and President Obiang was elected unopposed. The most recent legislative elections, in March 1999, were yet again boycotted by the bulk of the opposition. The PDGE inevitably won a massive majority.

2.6

In effect there has been little more than ‘lip-service’ paid to multi-party democracy. The incumbent regime has been widely denounced for its continued repression of opposition groups. Over 100,000 Equatoguineans live in exile abroad, and there was wide dissatisfaction

Equatorial Guinea – at the crossroads

with the slow pace of reform. Due to the deplorable political conditions under which the presidential elections were held, Teodoro Obiang Nguema Mbasogo was re-elected unopposed in 2002. 2.7

In December 2002 the Presidency of the European Union stated that ‘the European Union is concerned about the internal situation in Equatorial Guinea with regard to the democratisation process. In particular the European Union (EU) regrets the way the elections were handled on 15 December 2002. The EU considers that the opposition was not represented in the elections in an appropriate way and regrets that opposition leaders remain convicted and in custody, or in exile’1 . In January 2003, the European Parliament ‘deplored the political conditions under which the presidential elections were held in Equatorial Guinea, which led to over 97 % of the votes being cast in favour of the incumbent president, Mr Teodoro Obiang Nguema Mbasogo’.2

2.8

It has been recently reported that the Government has called for a national meeting with the only legal opposition party in order to study and develop proposed electoral law reforms.3 The delegation considered movement towards a true democracy to be absolutely critical to Equatorial Guinea playing a credible and leading role within the region.

People 2.9

Equatorial Guinea has a population of approximately 510,473.4 The great majority of the inhabitants of Equatorial Guinea speak a Bantu language. The main ethnic group in Río Muni, where most of the population lives, belong to the Fang clan. The population of Bioko is primarily made of the Bubi (the oldest of the modern-day inhabitants), descendants of slaves from West Africa liberated by the British in the 19th century, and Nigerians and Fangs who migrated there in the 20th century. Spanish and French are the official languages. Also spoken are Pidgin English, Fang, Bubi, and Igbo. The population is at least nominally Christian and predominantly Roman Catholic; some indigenous religions are practised.

2.10 The Fang ethnic group of the mainland constitutes the great majority of the population and dominates political life and business. The Bubi group comprises about 50,000 people living mainly on Bioko Island. The Annobonese on the island of Annobón are estimated at about 3,000 in number. The other three ethnic groups are found on the coast of Río Muni and include the Ndowe and Kombe (about 3,000 each) and the Bujebas (about 2,000). There are also slightly less than 1,000 Europeans living in Equatorial Guinea, the majority of whom are Spanish. Both the current President Teodoro Obiang Nguema and Francisco Macias Nguema belong to the Fang clan. Economy 2.11 Prior to independence, the economy was based on the production of cocoa (mostly on Bioko), coffee and timber (in Río Muni). The rural economy has however suffered years of neglect 12

Equatorial Guinea – at the crossroads

under successive regimes and there is now a predominance of subsistence farming. Agricultural products include rice, yams, plantains, cassava, manioc, and palm oil. However, without sustained investment from the Government there is unlikely to be much agriculturalled growth. There is a small fishing industry and some livestock is raised. Equatorial Guinea trades principally with Spain, the United States, Cameroon, Japan, and France. The main exports are petroleum, coffee, timber, and cocoa beans; the chief imports are food (especially rice), beverages, and machinery. 2.12 Equatorial Guinea has deposits of manganese, uranium, gold, titanium, and iron ore. However, by far its most profitable natural resource is its large offshore oil deposits which were discovered in the 1990s. Currently, the Equatorial Guinea economy depends almost exclusively on its oil resources for income. Boosts in production and higher world oil prices stimulated growth in 2002, with oil accounting for 90 per cent of increased exports. The Government has claimed that it intends reinvesting some of its oil revenue into boosting agriculture. 2.13 Despite the discovery of oil, the majority of Equatoguineans are extremely poor. The average life expectancy is 55 years.5 Unemployment is high. The standard of living is generally very low and 80 per cent of the population are without clear water or sanitation. The public educational system and the medical facilities are rudimentary. In terms of infrastructure only Río Muni and Bioko have substantial road networks; there are no railroads. 2.14 Equatorial Guinea continues to depend heavily on foreign investment and aid. Both are hampered by allegations of corruption (serious concerns were voiced to the delegation about the levels of corruption which is seemingly endemic in all sectors of society) particularly with respect to the money from oil revenues. Both the International Monetary Fund (IMF) and the World Bank have called on the Government to put in place transparent mechanisms to account for the income generated from oil.6 International aid to Equatorial Guinea has been limited since 1994 when most programmes were suspended following allegations of Government mismanagement.7 2.15 Since the IBA delegation visit, the World Bank has tried to reopen negotiations with the Equatoguinean authorities to gain commitment on transparency in the management of the oil incomes. Recent Events 2.16 In September 1999, authorities arrested and detained lawyer Plácido Micó Abogo, Secretary General of the opposition Convergence Party for Social Democracy (CPDS). Micó was held for a week, and upon his provisional release he was told to report to the authorities in Bata twice a month; however, no formal charges were ever made against him. 2.17 Between mid-March and May 2002 more than 140 people were arrested, including former members of the armed forces and relatives of Felipe Ondó Obiang, former Member of Equatorial Guinea – at the crossroads

Parliament and leader of the Fuerza Democratica Republicana (FDR), Republican Democratic Force, an unauthorised political party. They were all accused of plotting against the security of the state and appeared to be prisoners of conscience, arrested solely because of their links with the FDR. Many were convicted of treason and of being involved in an alleged coup attempt in a trial of 144 defendants on 23 May 2003. This trial, which was conducted in Malabo has been widely criticised and deemed unfair by all observers who attended the trial. One observer told the delegation that they were shocked and sickened at the physical condition of many of the accused. Many observers reported that the accused displayed broken bones, cuts and bruises consistent with torture and other ill-treatment. It was alleged that the police had tortured the defendants as a means of investigating allegations of conspiracy against the state. The delegation was seriously concerned about the fairness of this trial and the well being of all those on trial. From reports it is clear that the trial fell well below the regional and international standards regarding fair trial proceedings. 2.18 Both Plácido Micó, Secretary General of the Convergencia para la Democracia Social or Convergence for Social Democracy, and Felipe Ondo Obiang were among those sentenced in the 23 May trial. Plácido Micó was sentenced to six years’ imprisonment. 2.19 During the visit, the IBA delegation took up the case of Plácido Micó and the other prisoners of conscience with the Minister of Justice and several other officials. The IBA delegation is pleased to report that shortly after the IBA visit, 18 political prisoners were released on the weekend of 4 August 2003 to commemorate Day of the Armed Forces. Plácido Micó was among those released, although Felipe Ondo Obiang remains in prison. 2.20 The IBA delegation is concerned to learn from several reliable sources of the paucity of Felipe Ondo Obiang's imprisonment conditions in the Evinayong public jail. Reports suggest he is not being treated in accordance with Equatorial Guinea’s international human rights obligations. Felipe Ondo Obiang has now been detained since March 2002 initially at the Black Beach jail, Malabo and subsequently at Evinayong prison, on the mainland. The IBA delegation expresses its hope that Felipe Ondo Obiang's case will be reviewed by the Government and that he immediately receives medical attention and his family have access to him, in accordance with the Equatorial Guinea international legal obligations.

Notes 1

Presidency statement on behalf of the European Union on the elections in Equatorial Guinea: Bulletin 12-2002, point 1.6.22, Common Foreign and Security Policy (22/37).

Parliament resolution on Equatorial Guinea, bulletin EU 1/2-2003, ACP countries and OCTs (6/21).

See www.GuineaEcuatorial.net 8 August 2003

Source: The World Factbook, http://www.odci.gov/cia/publications/factbook/geos/ek.html

CIA World Factbook, figures from 2003.

Global Corruption Report 2002, available at: http://www.globalcorruptionreport.org/download/gcr2003/21_C

Equatorial Guinea – at the crossroads

Chapter 3: The Constitution, Legal System and Equatorial Guinea’s International Human Rights Treaty Obligations Constitution 3.1

The current Equatorial Guinea Constitution was approved by national referendum on 17 November 1991 and was subsequently amended in January 1995. It is composed of five sections. The first two sections are the most relevant in the light of the terms of reference of the IBA delegation. The first section enshrines the fundamental principles of the state. Article 1 recognises political pluralism and provides, at least in name, for multi-party democracy. Article 5 details the fundamental rights said to constitute the foundations of the Equatoguinean society and includes respect for human dignity and freedom. According to Article 8 Equatorial Guinea is required to respect the principles of international law and confirms its commitment to the rights and obligations that are set down by the Charter of the International Organisations to which it has become a member. Article 13 ensures a number of rights and liberties to all citizens including: the right to a fair trial, the right to freedom of expression, equality, and freedom of movement, the right to habeus corpus, the right to legal representation, the right to be given reasons for detention and the presumption of innocence.

3.2

The second section establishes the various bodies of the state including those of the legislature and the Executive. Notably Article 64 grants the legislature fewer powers as compared to those of the President. Article 83 guarantees the independence of the judiciary from the legislature and Executive and Article 86 goes on to assert that the President is responsible for guaranteeing judicial independence (although see below for the practical effects given to this provision).

3.3

Within the Equatorial Guinea Constitution there is some provision for the separation of powers, widely recognised as the core of a democratic state.1 Within the constitutional text itself it is clear that a true separation of powers cannot exist given the extensive powers of the Executive over the other branches of Government. Further, Article 86 which translated provides that ‘the chief of state is the First Magistrate of the Nation and guarantees the independence of the judicial function’ has been interpreted by judges and officials alike as a right of the President to intervene in judicial proceedings through formal or informal channels. This reportedly occurs particularly where the President’s familial, political or personal interests are at stake. Further given the extensive powers of the President it is clear these can be and are used to frustrate judicial independence. In addition, it is understood that judges are strongly discouraged from issuing judicial decisions that might contradict the raison d’état as determined by the President.

Equatorial Guinea – at the crossroads

3.4

One of the most pressing problems facing the Equatorial Guinean judicial system is that of legal modernization and legal codification. The IBA delegation learned from the Secretary General of the Ministry of Justice during its meeting with him on 21 July 2003 that ‘there was not an integrated legal system in the country’. The legal system in Equatorial Guinea is a combination of customary law, Spanish civil law and military justice.2 Notably Spanish Codes from the Franco era are still used despite their being outdated and inappropriate for a modern democracy. Tribal laws and customs are honoured in the formal court system when not in conflict with national law. The difficulty of applying consistent and appropriate laws has been compounded by the fact that many, if not all of the Equatoguinean laws are not in written form and are therefore not available to those working within the administration of justice. This raises serious concerns about the ability of lawyers and judges to apply the law consistently and correctly. The delegation concluded that the law operates in an ad hoc manner due to a lack of codification, inconsistent interpretation and lack of established legal procedures.

3.5

The delegation was pleased to note that the Government has recognised these difficulties and has created a National Commission of legal codification. The delegation also learned that while there was considerable support from civil servants in this process, the Government still needed to be more proactive to move the project forward. In addition, there has been support, most notably from the French Government for this initiative; however it was felt that progress has been obstructed by a lack of national legal technicians. A further development in the distribution of legal materials has been the creation in 2000 of a Government printing office which publishes the Boletín Oficial del Estado. The Boletín Oficial del Estado contains laws and administrative acts, although this has yet to be sufficiently widely distributed to have any real impact. The delegation noted that case law was not available to legal practitioners or judges.

3.6

The EU has a global project on rule of law in Equatorial Guinea. This project also includes a component on legal codification.

Executive Branch 3.7

The Equatorial Guinea President serves as Chief of State. The incumbent, Brig. Gen. (Ret.) Teodoro Obiang Nguema Mbasogo, has been in power since 3 August 1979 following a military coup.

3.8

The President is elected by popular vote for a seven-year term. Elections were last held on 15 December 2002 and the next are due to be held in December 2009. At the last elections President Teodoro Obiang Nguema Mbasogo received 97 per cent of the vote. His opponent, Celestino Bonifacio Bacale received 2.2 per cent. The elections were reportedly marred by widespread fraud.

3.9

The Prime Minister and Deputy Prime Ministers are appointed by the President. The President also appoints the Cabinet and Council of Ministers. The current Prime Minister, Candido

Equatorial Guinea – at the crossroads

Muatetema Rivas, has been in post since 26 February 2001. Both the first Deputy Prime Minister, Miguel Oyono Ndong, and Deputy Prime Minister, Demetrio Elo Ndong Nze Fumu, have been in post since January 1998. Legislative Branch 3.10 The legislative branch is made up of a House of People's Representatives or Cámara de Representantes del Pueblo; its 80 members are directly elected by popular vote for a term of five years. Elections were last held on 7 March 1999. The next are due to take place in March 2004. At the last election the PDGE received 80 per cent, the Popular Union (UP) 6 per cent and the CPDS 5 per cent.3 The delegation noted that those elected as people’s representatives still require ratification by the President of the Republic in accordance with the Constitution. The delegation presumed that this power is one that the President could potentially use to refuse to accept the election result of members of the House of People’s Representatives. This would clearly represent a significant interference with the democratic process. 3.11 The House of People's Representatives was set up in 1982. It meets twice a year, in March and in September. According to Article 64 of the Constitution, its main duties comprise approving the National Budget Act, passing legislation on fiscal matters, determining the basis of civil, commercial, procedural, criminal and labour law and regulating fundamental rights. The House of People’s Representatives also authorises the President to enact ‘decretos leyes’ or ‘laws by decree’ on a very wide range of issues which are identified in Article 76. 3.12 The legislature also has the authority (shared with other public institutions) to hear petitions from individuals in compliance with the law number 5/1991 which governs the right to complaint and petition. The right to petition is varied and can include complaints related to judicial decisions. According to Article 6 of law number 5/1991 (subsequently modified by law number 2/1998), the legislature must give a written, well-founded response. Article 166 of the legislative regulation provides that the House of People’s Representatives can forward the complaint to another suitable authority or retain the issue and determine the petition in a plenary session. It is understood that much of the time complaints are retained by the legislature who then go on to make decisions.4 The delegation was concerned to hear from several credible sources that the House of People’s Representatives even extended these powers to declare null and void judicial decisions. 3.13 The delegation concluded that the use (or misuse) of such powers by the legislature seriously undermines the rule of law, the independence of the judiciary and raises grave concerns about the protection of individual rights. The delegation noted that in a similar case the African Commission found a violation of Article 7 (the right to a fair trial) of the African Charter on Human and Peoples’ Rights.5 3.14 While embroiled in a quasi-judicial function, it is notable that the House of People's Representatives does not effectively undertake its role as a legislative branch, insofar as it does Equatorial Guinea – at the crossroads

not provide the checks and balances on Executive powers and produces little by way of new legislation. The delegation was advised that only ten laws have been enacted so far this year. Judicial Branch 3.15 Equatorial Guinea has a Constitutional Court, Supreme Court, Court of Guarantees, Military Courts and two Courts of Appeal located in Malabo and Bata and several tribunals of first instance, and tribunals of district and comarcales (district courts) which are situated in the rural areas. 3.16 In the rural areas, tribal elders still adjudicate civil claims and minor criminal matters in traditional courts. 3.17 As noted above, the independence of the judiciary seems to be compromised both by the interference of the President and the interpretation given in Article 86 of the Constitution. Equatorial Guinea’s International Human Rights Obligations 3.18 Equatorial Guinea is a party to a number of international and regional human rights treaties which are pertinent to the terms of reference of the mission and to the findings of the delegation. It is a party to the International Covenant on Civil and Political Rights (ICCPR) and it Optional Protocol, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT), and the Convention on the Rights of the Child (CRC) and its Optional Protocol. Equatorial Guinea is not a party to the Rome Statute pursuant to which the International Criminal Court (ICC) was established. 3.19 Within the Africa region, Equatorial Guinea is a party to the African Charter on Human and Peoples’ Rights and its Protocol on the establishment of an African Court on Human and Peoples’ Rights. 3.20 Aside from the instruments to which it has become a party listed above, Equatorial Guinea is also bound to comply with customary international law which comprises a range of standards widely accepted as general practice regardless of any treaty obligation.6 Examples of customary law are the prohibition on slavery, genocide, systematic racial discrimination and torture and any other cruel, inhuman or degrading treatment or punishment. 3.21 As a member of the United Nations (UN), Equatorial Guinea also has an obligation to uphold a number of human rights standards agreed by the UN through resolution of the General Assembly. Although standards set in UN resolutions (known collectively as ‘soft law’) are not legally binding, they nonetheless provide more detailed guidelines which complement legally binding agreements. The relevant standards for the purposes of this report are: the Body of 18

Equatorial Guinea – at the crossroads

Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the UN General Assembly in 1988; the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955; the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in 1979; the Basic Principles on the Role of Lawyers, adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders in 1990; the Guidelines on the Role of Prosecutors, adopted at the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders in 1990; the Basic Principles on the Independence of the Judiciary, adopted by the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders in 1985; the United Nations Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, adopted by the UN Economic and Social Council in 1984; the Standard Minimum Rules for the Administration of Juvenile Justice (‘the Beijing Rules’), adopted by the General Assembly in 1985; the General Assembly Resolution on UN Rules for the Protection of Juveniles Deprived of their Liberty of 1990; the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly in 1985. 3.22 Equatorial Guinea’s human rights obligations may also be influenced by the jurisprudence of human rights bodies, both within the UN 7 and the African Commission, as well as of international criminal tribunals 8 which provide important guidance on the interpretation and application of human rights law. 3.23 As a party to the ICCPR, ICESCR, CERD, CEDAW, CAT and the CRC, Equatorial Guinea is required to submit periodic reports to the relevant monitoring committees on the measures it has taken to give effect to the rights contained within the various treaties. To date Equatorial Guinea has failed to comply with the state reporting requirements stipulated in the ICCPR, ICESR, CEDAW and the CRC. It is due to report to the Committee on the Elimination of Racial Discrimination and the Committed Against Torture in November 2003. 3.24 Equatorial Guinea is a participant in the Cotonou Agreement between the EU and African, Caribbean and Pacific (ACP). This agreement, signed in 2000 succeeded the Lomé Conventions and is now the principal framework for cooperation between the participating states. The framework agreement covers many aspects of cooperation, including the EU's aid to ACP countries, and the trade arrangements between the EU and those countries. It makes clear association between politics, trade and development, and establishes mutual obligations rather than offering aid to assist the developing world. In particular, Article 9 provides that ‘respect for human rights and fundamental freedoms, including respect for fundamental social rights, democracy based on the rule of law and transparent and accountable governance are an integral part of sustainable development’.

Equatorial Guinea – at the crossroads

Notes 1

IBA Report, Sri Lanka: Failing to Protect the Rule of Law and the Independence of the Judiciary, November 2001, p. 18.

See in Annexe 1, document ‘Derecho Sustantivo Consuetudinario’.

This resulted in the PDGE holding 75 seats, the UP 4 and the CPDS 1.

The delegation was pleased to have the opportunity of witnessing a quasi-judicial proceeding of the House of People’s Representatives. It noted that the Vice-President and the Secretary General took on the role of judges.

See M. Evans and Rachel Murray (eds.) The African Charter on Human and People’s Rights: The System in Practice, 1986-2000, (Cambridge: Cambridge University Press, 2002).

Article 38(1)(b) of the Statute of the ICJ refers to international custom ‘as evidence of a general practice accepted as law’. Accordingly, most commentators hold that customary international law is made up of two elements: general practice of states and the conviction that such practice reflects law (opinio juris). See, for example, Antonio Cassese, International Law, (Oxford University Press, 2001), p 119. It is generally accepted that grave violations of human rights, when practised as state policy, are violations of customary international law. See, for example, Third Restatement of US Foreign Relations Law, Vol. 2 (1987), p 165. The prohibition on torture is also accepted as belonging to the corpus of customary law. See the decision by the US Circuit Court of Appeals, 2nd Circuit, in Filartiga v Pena-Irala, 630 F 2d 876 (1980). At a much more general level, it has even been argued that the standards laid down in the Universal Declaration of Human Rights have become part of customary international law. See, for example, the Proclamation of Teheran, proclaimed by the International Conference on Human Rights at Teheran on 13 May 1968, para. 2, and Rosalyn Higgins, The Development of International Law through the Political Organs of the United Nations, (Oxford University Press, 1963), p 118.

A distinction may be drawn between UN treaty monitoring bodies, established to monitor implementation of the treaty and to investigate complaints that the provisions of the treaty have been violated, and UN thematic mechanisms, appointed by the UN Commission on Human Rights to investigate complaints of a particular type of human rights violation in all countries, whether or not the state is bound by treaties. The body monitoring the implementation of the ICCPR is the Human Rights Committee. Its General Comments provide authoritative guidance on interpretation of the ICCPR. Further, the First Optional Protocol to the ICCPR gives the Human Rights Committee the competence to consider complaints submitted by individuals claiming that a state party to the Protocol has violated rights guaranteed by the ICCPR. Other UN treaty monitoring bodies include the Committee against Torture and the Committee on the Elimination of Racial Discrimination. UN thematic mechanisms include the Working Group on Arbitrary Detention, the Special Rapporteur on Torture and the Special Rapporteur on the Independence of Judges and Lawyers.

See the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and of the International Criminal Tribunal for Rwanda (ICTR). Further, the Statutes of these tribunals and their Rules of Evidence and Procedure are important international standards, representing contemporary fair trial guarantees. Many of these standards have been incorporated into the Statute of the ICC.

Equatorial Guinea – at the crossroads

Chapter 4: The Courts and the Judiciary 4.1

Equatorial Guinea has a Constitutional Court, Supreme Court, Court of Guarantees, Military Courts, two Courts of Appeal located in Malabo and Bata and several tribunals of first instance, and tribunals of district and comarcales which are situated in the rural areas.

4.2

The Supreme Court of Justice is the highest judicial body in Equatorial Guinea. It is composed of civil, criminal, commercial, labour, administrative and customary law sections.

4.3

The delegation was concerned to hear that the Supreme Court is currently composed of two military Generals and allegedly none of the judges are qualified jurists.

4.4

The IBA delegation was told that in 1995 the Constitutional Court was established, to replace the constitutional branch of the Supreme Court. This court is supposed to have jurisdiction over cases where it is claimed an individualâ&#x20AC;&#x2122;s constitutional rights have been violated. However, The IBA delegation was advised that the procedural rules governing the Constitutional Court had not yet been enacted. Therefore, the Court was still governed by the internal rules which formerly governed the constitutional branch of the Supreme Court, which restricts its proper function.

4.5

The delegation was also concerned to learn that not all the judges on the Constitutional Court had legal training and that allegedly one of those appointed is a Colonel in the military. Military involvement in civilian trials contradicts international and regional standards on the administration of justice.

4.6

The IBA delegation was informed by governmental sources of the creation of a court of guarantees to supervise the lawfulness of detentions. Unfortunately, the delegation was not able to obtain the text by which this new judicial institution has been set up. While the step of creating the Court of Guarantees is welcomed by the delegation, it is viewed as essential that such a move should be implemented effectively and immediately.

4.7

In the interim the other courts should be hearing cases concerning detention. However, it appears that to a large extent, habeas corpus is not being used and, where it is used, petitions are not upheld. The reason for the lack of habeas corpus applications appears to be because some lawyers are unaware of the right or they avoid making such applications for fear of the threat of reprisal or the high chance of it being rejected by the court. In addition, the general population is unaware of its rights to habeas corpus. The delegation concluded that this essential remedy is virtually non-existent in Equatorial Guinea despite a clear need for the rights of those in detention to be protected.

4.8

The delegation was concerned to note that the use of military courts in cases not involving military activities is common. Although the Government claimed that military tribunals were

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

trying only military crimes, other sources confirmed that military jurisdiction was conferred in many types of case and that both civilians and members of the military were tried by such courts regardless of the type of offence. In particular the delegation was concerned to note that military courts are used to try cases that are essentially political in nature even when defendants are civilians and the charges are not related to military activities. 4.9

Gustavo Gallón, the former Special Representative of the Commission on Human Rights in Equatorial Guinea, stated that ‘military judges are empowered to arrest, investigate and try civilians’.1 This situation has been publicly denounced by Amnesty International who stated: ‘the organization has noted very serious breaches of fair trial standards in these military courts: a) questionable charges, which do not relate to recognizable criminal offences or are based on no substantive evidence or on spurious evidence; b) military judges assigned and military defence counsel who lack legal training and impartiality; c) no right of appeal to a higher court against conviction and sentence’.2

4.10 The military courts do not provide for due process or other procedural safeguards, and their proceedings are held in camera. The UN Special Representative and various UN Special Rapporteurs have all recommended that the jurisdiction of military courts should be restricted to offences of a military nature committed by serving military personnel. 4.11 In a lawsuit before the African Commission on Human and Peoples’ Rights, the Commission has observed that the Dakar Declaration and Recommendations notes that, ‘in many African countries Military Courts and Special Tribunals exist alongside regular judicial institutions. The purpose of Military Courts is to determine offences of a purely military nature committed by military personnel. While exercising this function, Military Courts are required to respect fair trial standards’.3 The Commission thus held that, ‘the denial of the victim's right of appeal to competent national organs in a serious offence as this is falls short of the requirement of the respect for fair trial standards expected of such courts’.4 Competent national organs mean here the regular judicial institutions. It would appear that not only is Equatorial Guinea failing to provide a fair trial in compliance with its obligations under the ICCPR and various other UN agreements, it is also failing to uphold the standards required in the African Charter. Judicial Regulation, Appointments, Security of Tenure and Terms and Conditions 4.12 Equatorial Guinea has approximately 60 judges nationally. There is no independent body regulating the conduct, appointment or training of the judiciary. It was strongly suggested to the delegation that there is an urgent need to set up such a body. 4.13 The delegation was told that the members of the Supreme Court were nominated by the Minister of Justice and designated by the President. The delegation was also advised that, in practice, members of the Supreme Court report to the President and their appointments are revocable, although Article 91 of the Constitution stipulates that they shall serve for five years.

Equatorial Guinea – at the crossroads

4.14 Article 91 also provides for the appointment of magistrates and justice officials to be appointed and dismissed in conformity with the law. However it was widely reported to the delegation that in practice judges serve at the pleasure of the President, and in general they are appointed by the Chief of State by virtue of their belonging to the President’s family, clan or political party.5 The IBA delegation was also concerned to hear from a number of sources that the judges appointed were expected to be ‘loyal’ to the Government. The delegation concluded that demanding ‘loyalty’ from judges amounted to a fetter upon their ability to determine cases with independence and impartiality as required in various international standards (see below). 4.15 In addition to the constitutional provisions, the body of law applicable to the judiciary is contained in the Ley Orgánica del Poder Judicial,6 promulgated in 1984 and amended in 1986 and 1988. Decree Number 87 of 22 July 1987 establishes a list of incompatibilities in respect of the personnel qualified to administer justice. It appears that these are not, however, followed where appointments are made by the President based on familial or other ties. 4.16 It is widely recognised in various international standards that judges should be appointed on merit, rather than other family or political connections and that they must have security of tenure. Thus, judges should be subject to removal from office only for proven incapacity, conviction of a crime, or conduct which makes the judge unfit to be a judge. The delegation was concerned that the appointment and tenure of judges in Equatorial Guinea falls far below acceptable international standards.7 4.17 The Government determines judicial salaries. It is understood that first instance judges are paid on average the equivalent of around US $350 per month. Constitutional Court Justices are believed to receive approximately US $1,400 per month. In the case of Supreme Court Justices, they are paid roughly US $1,500 per month. The minimum wage in the private sector is considered to be CFA $90,000 per month (about US $ 160) and public sector CFA $75,000 (about US $130). 4.18 The IBA delegation was pleased to note that during the Equatorial Guinea National Conference on Justice held in January 2003 in Malabo, it was recommended that the establishment of a good basic salary would assist in the fight against corruption.8 The IBA delegation is keen to see the immediate implementation of this conference recommendation. Judicial Training and Resources 4.19 The IBA delegation noticed that one of the most urgent problems facing the judiciary was that of a lack of training. The delegation was able to establish that approximately 20 per cent of judges in Equatorial Guinea were legally trained or practised law. Of those who were not legally trained it appeared that many had received no training in law to become a judge. The IBA was told by many officials that they would welcome assistance from the international community with developing training programmes for staff at all levels. This proposition was supported by many of the people the delegation consulted during the mission. Equatorial Guinea – at the crossroads

4.20 One of the main obstacles to training is the lack of professors and universities in the country. There is a National University of Equatorial Guinea (UNGE) which offers law degrees. However, very few lawyers have graduated from this school of law since it has only recently been created. Furthermore, UNGE suffers from a lack of staff and resources which also makes its task in training competent lawyers and legal professionals difficult. 4.21 The IBA delegation was repeatedly told that the lawyers currently practising in Equatorial Guinea were trained overseas in a variety of countries including Russia, China, Spain, France, Nigeria, and Cuba. However, these countries have very different legal traditions that do not necessarily mirror legal practice in Equatorial Guinea. Even at this basic level, there is, therefore a lack of uniformity in legal and judicial practice. The delegation noticed, for example, that the President of the Supreme Court had been trained in Spain and Switzerland, the President of the Court of Appeal in Bata had been trained in Russia, and one of the legal advisers to the Minister of Justice had studied in China. 4.22 The IBA delegation heard from many sources that there is an urgent need for a specific continuing legal education training programme designed to upgrade the skills of all those involved in the judicial activities. The Minister of Justice also acknowledged the need to create a Judicial Training Institute. The IBA delegation is pleased that this will be considered a priority by the authorities. 4.23 The Judicial Training Institute was outlined in the Final Declaration of the National Conference on Justice in Equatorial Guinea in order to consolidate the rule of law held in Malabo between 9 and 11 of January 2002.9 The IBA hopes that the Judicial Training Institute will be developed shortly and that this continues to be a high priority for the authorities in Equatorial Guinea. 4.24

In addition to the training needs of judges, the delegation also noted the paucity of legal

materials available either through a law library or by internet access. This lack of legal resources represents a serious challenge to the judiciary in terms of applying the law consistently and keeping updated on the latest judgments. The delegation concluded that it was virtually impossible for judges to keep abreast of all the relevant legal developments. Independence of the Judiciary 4.25 As noted earlier in this report, the delegation has serious concerns about the lack of independence of the judiciary. The independence of the judiciary is recognised as fundamental principle of international law and is asserted in Article 14 of the ICCPR, Article 10 of the Universal Declaration of Human Rights and Article 8 of the American Convention on Human Rights (ACHR). The right to be tried before an independent and impartial tribunal is one of the foundations of the right to a fair trial which in itself is crucial to ensuring the promotion and protection of the rights and freedoms guaranteed by international instruments to which Equatorial Guinea is a party. 24

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

4.26 The lack of judicial independence in Equatorial Guinea takes a number of forms: (1) Failure to observe a lack of separation between the judiciary and the Executive; (2) Interference with the independent judicial activity by the Executive, through the appointment process and by failure to offer security of tenure; (3) Corruption; (4) The requirement of ‘loyalty’ to the Government of those judges appointed by the President; (5) The use of military judges who could be subject to pressure by virtue of ‘command responsibility’; (6) The appointment of military judges to civilian courts which could lead to meddling in the administration of the justice system by the military power and by the Government; (7) The failure of some Executive authorities, primarily related to security bodies and military institutions, to abide by the law and court orders; (8) Low remuneration. 4.27 The IBA delegation was given an account of the way pressures were exerted over the judiciary. If there are any legal proceedings considered particularly important or sensitive involving a family member of the President, or influential party figure, the respective judge would be visited by someone from the Executive and is informed of how inconvenient it may prove to be if the legal proceedings were continued. In this context, the delegation was told that if it is relating to a political issue, in other words, linked to the Government, judges are not free to pronounce judgment in accordance with the law without pressure or interference. With regard to other less politically sensitive cases it appears judges have greater freedom to exercise independence. 4.28 Many people with whom the delegation met agreed that there was duplicity in the civil service which affected judicial independence. Indeed, it was recognised by several of those interviewed that they had dual responsibilities, for example a civil servant and a sitting judge. Obviously, to be a civil servant and a Justice at the same time could lead to pressures which impede judicial independence. Such a situation is in breach of the Basic Principles on the Independence of the Judiciary.10 4.29 It was also suggested to the delegation that there were judges and Justices who also in fact practised as lawyers at the same time. This was similarly thought to be an impediment to judicial independence. 4.30 In addition, it was brought to the attention of the mission that judges leading inquiries are often pressured by governmental security forces to sign an arrest warrant of someone without

Equatorial Guinea – at the crossroads

any evidence against the individual resulting in their detention. The delegation noted however that any detention which is not in accordance with the law amounts to an arbitrary detention and is in violation of international human rights standards. 4.31 The judiciary is further undermined by a failure to enforce judicial orders. The delegation heard many examples of the police and military failing to comply with judicial orders. Many judges expressed their frustration with, and fear of, the police and military. Judges often issue court orders only to have them completely ignored by the law enforcement officials. There is still a widely-held belief that the police and army are completely above the law. Judges feel demoralised and their judgments are rendered worthless. Civilians who do take cases through the slow and unreliable court system know that there is a likelihood that even if there is a decision in their favour it may not even be enforced by the police. 4.32 It as clear to the delegation that law enforcement officials in Equatorial Guinea are in great need of training in areas such as the rule of law, basic human rights, civil liberties and the treatment of prisoners. 4.33 As noted earlier in this report, the legislative branch undermines the judiciary when it acts in its capacity to hear individual petitions through a quasi-judicial process. This problem was acknowledged by delegates during the National Conference on Justice. The activity of the House of People’s Representatives was viewed as perhaps an incipient form of the Ombudsman figure.11 Thus, within the Conference’s recommendations was ‘the creation of the People’s defender institution’ (Ombudsman)12 as a separate and independent institution. 4.34 One of the reasons for the reliance upon alternatives to the court system is because the Equatoguineans do not have confidence in the legal system and lack information and education on its functions. This leads to many individuals taking their cases to the legislature. Problems, particularly family matters, end up being dealt with either by traditional courts or by the House of People’s Representatives. In this regard, traditional courts or Parliament are widely considered to be a more reliable, cheaper and faster recourse. Judicial Corruption 4.35 Since 1999, the Minister of Justice and a Special Commission have been investigating judicial corruption, in particular investigating the diversion of an alleged US $7 million from judicial budgets. In January 2000, the President removed the entire Supreme Court, as well as a number of other judges during the impending investigation. The subsequent investigation resulted in the implication and replacement of the President of the Supreme Court, two other justices and the Secretary of the Court. Five other Supreme Court justices were not implicated and were returned to their positions or promoted to other positions. 4.36 During the visit to Bata, the delegation was told that the Special Commission on Corruption had been set up to deal with the corruption problem which lay at the heart of the state 26

Equatorial Guinea – at the crossroads

machinery. The IBA delegation heard from many judges and justices interviewed that they recognised that corruption posed a problem but they were implementing measures to put an end to this situation.13 The delegation heard that a number of judges and justice officials had been fired or suspended on account of acts of corruption. The IBA delegation was repeatedly told from many sources that corruption existed ‘everywhere’. 4.37 The IBA delegation heard from a number of members of the Supreme Court and the Court of Appeal that one of the reasons for corruption was the lack of a proper regulating authority. With no independent body set up to deal with allegations of corruption against a judge this means the Executive has the power to regulate the tenure of judges. Regulation by the Executive, as noted above, does not however, take the place of an impartial and independent regulatory body, but rather creates a system of favouritism and partiality. This situation is further exacerbated by the insufficient remuneration of the judiciary, making it more susceptible to external influence. Political Trial of 2002 4.38 During its mission to Equatorial Guinea, all members of the delegation met a range of people who were present at the trial of Plácido Micó and 144 others. The delegation heard many complaints that the trial was not a fair, independent and impartial one. It appeared that in many cases there was insufficient evidence of criminal activity, or in some instances, none at all. 4.39 The delegation also heard from many different sources about the sorry plight of people tried. They arrived at the Court totally beaten, unable to walk, some of them with their bones broken. The delegation heard from credible sources that the defendants were tortured. 4.40 In such a situation it is incumbent upon the judges presiding over cases where there are allegations or suspicions of torture to take a number of steps including: halting the proceedings, ensuring the detainees are granted medical attention, gaining medical evidence and asking the State to account for its agents’ behaviour. The IBA delegation noted that none of these steps were in fact taken, representing a travesty of justice which largely came about

Equatorial Guinea – at the crossroads

through the inability of judges to act independently and through their lack of training in international human rights standards. Notes 1

See Commission on Human Rights, fifty-sixth session, E/CN.4/2000/40.

‘Equatorial Guinea. No free flow of information’, AI Index: AFR 24/004/2000, http://web.amnesty.org

See The Dakar Declaration and Recommendations, Seminar on the Right to a Fair Trial in Africa 9-11 September 1999, Dakar, Senegal.

Case Forum of conscience vs. Sierra Leone, African Commission on Human and Peoples’ Rights, Communication No 223/98, done at the 28th Ordinary Session held in Cotonou, Benin, from 23 October to 6 November 2000.

See Article 91 of the Equatorial Guinea Constitution

Judicial Organisation Act.

Principle 10 of the UN Basic Principles of the Independence of the Judiciary stipulates that: ‘Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives.’

See Annexe 3: Recommendation 2, ‘The Equatorial Guinea National Conference on Justice in Order to Consolidate the Rule of law’.

See Annexe 1.

10 ‘Judges may not, during their term of office, serve in Executive functions, such as ministers of the government, nor may they serve as members of the Legislature or of municipal councils, unless by long historical traditions these functions are combined’, Article 35, IBA Minimum Standards of Judicial Independence, adopted 1982. 11 The delegation was informed that the House of People’s Representatives had been visited by an Inter-Parliamentary Union mission. As a result of the Inter-Parliamentary Union mission, the Equatorial Guinea Parliament had developed a reform law project in order to set up the Ombudsman institution. 12 See Annexe 3: Recommendation number 27, ‘The Equatorial Guinea National Conference on Justice in order to consolidate the Rule of law’. 13 See Annexe 2, Recommendation number 3, ‘The Equatorial Guinea National Conference on Justice in Order to Consolidate the Rule of Law’.

Equatorial Guinea – at the crossroads

Chapter 5: The Legal Profession 5.1

In accordance with the UN Principles on the Role of Lawyers, states are obligated to ensure that lawyers are permitted to carry out their professional skills without ‘hindrance, harassment or improper interference.’1

5.2

Article 86 of the Equatorial Guinea Constitution claims to ensure the independence of the legal profession. However, in practice, there are few independent lawyers and judges. It is difficult to get a job in the legal profession unless an individual is a member of the ruling party, or in the very least considered sympathetic to the ruling party. This situation is particularly troublesome given the traditional role of lawyers as watchdogs both over the independence of the judiciary and the rule of law.

5.2

The legal profession was found to be perceived very negatively in Equatorial Guinea. The population do not have any faith in the justice system and there is a lack of understanding about the role of the legal profession. There are a number of reasons for this loss of prestige: i) the complete lack of uniformity within the lawyers’ legal background resulting in inconsistent legal practice and standards; ii)paucity of legal skills; iii). duplicity of functions, ie lawyers also acting as judges; and iv) the lack of independence within the profession.

5.3

The IBA delegation heard allegations of corruption within the legal profession and a lack of professional work ethic and standards amongst lawyers. It was reported to the delegation that lawyers usually pay for obtaining favourable rulings and judges

5.3

There is no legal aid system within Equatorial Guinea to ensure the poorest and most vulnerable are able to access legal advice. Neither is there an administered pro bono scheme.

Requirements to be a Lawyer 5.4

As noted in Chapter 4 there is a lack of uniformity among lawyers’ background legal tradition as each of them had received legal education in different countries. To date the newly opened Equatorial Guinea National University has produced few law graduates and is hampered by a lack of resources.

5.5

Currently, any law graduate, whether trained in Equatorial Guinea or abroad may be granted a certificate to practise as a lawyer from the Ministry of Education provided that he or she is able to prove the completion of a law degree. The IBA delegation was concerned to hear that it was apparently easy to obtain a certificate from the Ministry of Education to practise law even without the required university degree.

5.6

Once a lawyer is granted permission to practise there is no programme of continuing legal education in Equatorial Guinea to ensure legal skills are updated and refreshed. This means

Equatorial Guinea – at the crossroads

that coupled with the low standards required to admit lawyers, the legal profession is grossly under-trained and commonly lacking in professional skills. Such a situation is of particular concern given that many laws are not written down and the law itself is formed from a variety of sources and legal traditions. 5.7

The delegation noted that like judges, lawyers have little or no access to legal materials either through law libraries or via the internet.

Professional Ethics 5.8

There is no governing statute for the legal profession and no professional code of ethics or disciplinary code specific to lawyers. In effect lawyers cannot be disciplined for unprofessional conduct or professional negligence. The IBA delegation felt that this situation required immediate attention to help encourage the development of a professional ethos and to improve professional skills. The delegation was interested to learn that the majority of lawyers it met were keen to adopt a professional code of ethics.

5.9

During the National Conference on Justice in 2002, it was recommended that a Legal Practice Institute be created which can at least offer training in substantive laws and professional ethics.2

Dissolution of the Bar Association 5.10 In March 2002 the Bar Association was dissolved by the Government (through resolution of the Minister of Justice and Culture) on the pretext that there were internal disputes. The delegation was given a number of explanations for the adoption of this resolution. First, it was suggested there were some lawyers practising who did not have the necessary training to exercise their profession. Secondly, there was no legal professional statute regulating the Bar Association. Thirdly, the Bar Association became divided either on the basis of politics or clan loyalties. Fourthly, it is understood the Bar Association was no longer under the control of the Minister of Justice, hence its dissolution. 5.11 While it was functioning the Bar lacked funds, office accommodation and centralised administration of records. 5.12 After the dissolution of the Bar Association, the Government appointed a provisional board made up of Sergio Esono Tomo as President and JosĂŠ SialĂŠ as Secretary. New elections were held between the 9 and 15 of January 2003 although they were marred by allegations of corruption and vote rigging. The current President of the Equatorial Guinea Bar Association is Ramon Nonato Obama Nengono and the Secretary is Mauricio Bocup. The delegation was advised by different credible sources that the members of the directory board of the Equatorial Guinea Bar Association are all designated and controlled by the Minister of Justice.

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

5.13 The underlying problem of the Equatorial Guinea Bar Association is its lack of independence from the Government and lack of governing powers to regulate and control legal practitioners. 5.14 The delegation was interested to learn that there are between 90 and 100 lawyers in the whole country, taking account of ministers, judges and other civil servants. Perhaps only 22 to 30 are practising lawyers who have no other professional calling.

Notes 1

Principle 16 (a).

See Annexe 3: Recommendation number 33, ‘The Equatorial Guinea National Conference on Justice in Order to Consolidate the Rule of law’.

Equatorial Guinea – at the crossroads

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Chapter 6: The Human Rights Situation 6.1

Although Equatorial Guinea is a party to a number of human rights treaties (see Chapter 3) there are serious concerns that it commonly acts in violation of these international obligations and the obligations set out within the Constitution.

Torture and Ill-Treatment 6.2

The prohibition on torture and other ill-treatment is found is all the major regional and international standard-setting treaties.1 The international community has also adopted the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which Equatorial Guinea is party. Torture and other ill-treatment is also considered a principle of customary international law from which no state can derogate, even during times of national emergency. Violations of this prohibition are considered so serious as to warrant individual and state responsibility.

6.3

Despite having agreed to prohibit torture and other ill-treatment, the delegation was told that torture and other forms of ill-treatment by state agents is a serious problem in Equatorial Guinea. The delegation learned that the police and security forces are not trained in methods of carrying out investigation into crimes or cases and sometimes resorted to torture instead.

6.4

It was reported to the delegation that lawyers are scared to represent a client in police custody due to the threat of violence or intimidation. The delegation heard from a number of lawyers who stated that they were intimidated by police and security forces while carrying out their professional duties. A number of lawyers said that when they had gone to submit the petition of habeas corpus on behalf of a client at the police station they themselves had been attacked or threatened with violence.

6.5

The delegation noted that during the trial of PlĂĄcido MicĂł and others the judges had proved unwilling or unable to exercise basic protectionary measures as required by international standards. There is a clear need for extensive training across the administration of justice to help prevent torture including for prosecutors, judges, lawyers, the police and security forces.

Right to a Fair Trial 6.6

The right to a fair trial is recognised across a range of regional and international treaties 2 and non-treaty standards.3 It applies both to criminal and civil tribunals and incorporates a number of principles: the right to legal counsel; the right to equality of arms; the right to a public hearing; the right to appeal; the right to have adequate time and facilities to prepare the defence; the right to be tried without undue delay; the right to be present at trial; the right to call and examine witnesses; and the right not to be compelled to testify against oneself. Basic

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

fair trial standards apply in any court, whether ordinary, special or military.4 6.7

The majority of these guarantees are derogable.5 Nonetheless, the UN Human Rights Committee, the body that monitors state compliance with the ICCPR, has expressed the view that ‘the principles of legality and the rule of law require that fundamental requirements of fair trial must be respected during a state of emergency. Only a court of law may try and convict a person for a criminal offence. The presumption of innocence must be respected.’6

6.8

One of the most fundamental aspects to the right of a fair trial is the right to be tried by an independent and impartial tribunal. For the reasons set out in Chapter 4 in many cases a trial is partial and the judge not independent. This situation represents a serious abuse of individual human rights for which Equatorial Guinea is accountable to the international community.

6.9

Although the Equatorial Guinea Constitution and laws provide for legal representation in trials and the right to appeal,7 the delegation was informed that, in practice, the authorities often do not respect these provisions. At the 2002 trial of 144 people, observers expressed concerns that the trial had been unfair and that there was insufficient evidence (and in some cases no evidence at all) from which to convict.

Right to Freedom of Expression 6.10 It is widely recognised the fundamental importance of freedom of expression as a cornerstone of democracy. Freedom of expression is a fundamental right guaranteed by the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as other international documents.8 The right to freedom of speech is understood to be a general norm of customary international law and includes the right to a free press.9 Free expression may only be restricted where prescribed by law and where necessary in a democratic society in the interests of national security, public safety for the prevention of crime or disorder or for the protection of the rights and freedoms of others. . 6.11 The Equatorial Guinea Constitution includes provisions that it guarantees the right to freedom of expression and opinion.10 In practice however, both the constitutional and the treaty right are ignored. 6.12 Only one newspaper is distributed in the whole country: La Gaceta, a Government-controlled Malabo-based publication, is monthly published but not widely distributed. La Gaceta is printed in Spain. There are currently no local newspapers. There is no technical capacity to produce newspapers in the country. There are no bookshops and no public libraries in Equatorial Guinea. In addition, the Government has banned the Equatorial Guinea Press Association 6.13 The current press law, enacted in 1992, is reportedly based on Spain's 1967 Franco-era press law, and authorises government censorship of all publications. The delegation learnt that there 34

Equatorial Guinea – at the crossroads

have been recent attempt to distribute a small current independent newspaper called Ebano. The overly restrictive press law represents, in the view of the delegation, an abuse of the right to free speech as freedom of expression may only be restricted for one of the reasons listed earlier. 6.14 The right to freedom of expression includes the right to express political opinions and the right of civil society to receive information. There are concerns that the freedom of speech, an important component in a democracy, is not properly respected in Equatorial Guinea. 6.15 The combined impact of the lack of freedom of speech, press and association has meant that civil society has not been able to develop. This situation is critical. Without civil society it will be impossible to ensure that the rights and freedoms of the citizens in Equatorial Guinea are protected and upheld. Right to Peaceful Assembly and Association 6.16 The right to peaceful assembly and association is found in many international and regional human rights treaties.11 It may be restricted only where prescribed by law and only where necessary in a democratic society in the interests of national security, public safety for the prevention of crime or disorder or for the protection of the rights and freedoms of others. . 6.17 The Equatorial Guinea Constitution provides for the right of association,12 however, the Government does not always respect this right in practice. As noted in Chapter 5, in March 2002, the authorities dissolved the Bar Association on the pretext that some lawyers did not have the necessary training to exercise their profession. In May, the Deputy Minister of Information called for the AsociaciĂłn de la Prensa de Guinea Ecuatorial, Equatorial Guinea Press Association, to also be dissolved. In effect the Government has restricted the right of lawyers to freely associate. Prison Conditions 6.18 The international norms applicable to the standard of prison conditions can be found in the UN Standard Minimum Rules for the Treatment of Prisoners, the UN Body of Principles for the Protection of any all Persons Under any Form of Detention or imprisonment, the UN Standards Minimum Rules for the Administration of Juvenile Justice and the UN General Assembly Resolutions on UN Rules for the protection of Juveniles Deprived of their liberty. In addition, the treatment accorded detainees must not violate the prohibition on torture and other ill-treatment. In a previous case regarding prison conditions in Nigeria, the African Commission on Human Rights held that aspects of imprisonment such as overcrowding, beating, torture, excessive solitary confinement, shackling within a cell, extremely poor quality food and denial of access to adequate medical care constituted a violation of Article 5 of the African Charter.13

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

6.19 The IBA delegation was informed by the General Director of Justice during its meeting with him on 21 July 2003 that there are a total of 120 prisoners in prison in Equatorial Guinea. The delegation was also told that all of them were being punished for common criminal offences. The delegation was informed that currently, women, men and children are detained at the same facilities. The delegation was also advised that the Government had a reform project to build a detention unit for young offenders below the age of 18. 6.20 The delegation was informed that the prisons currently in use were jails built during Spanish colonial rule and therefore are old and need of urgent repair. The delegation heard from credible sources that there was a lack of access to adequate medical care and extremely poor quality food for the prisoners. 6.21 There are concerns that prison conditions in Equatorial Guinea fail to meet international standards both in terms of segregating women and children from male prisoners and through a failure to provide suitable detention conditions with adequate access to food and medical facilities. Government Action 6.22 The IBA delegation concluded that respect for Equatorial Guinea’s human rights obligations both domestically and internationally was sadly lacking and that urgent reform is required across the range of Government institutions. The delegation was pleased to note that the Equatorial Guinea Government expressed on a number of occasions its willingness to make the necessary reforms to improve upon fundamental human rights. It was also pleased to note that the Minister of Justice during its meeting with him on 23 July 2003 that they were already committed to proceed with the ratification of both the International Criminal Court Statute and the Protocol of the African Charter of Human and People’s Rights to establish the African Court of Human and People’s Rights. The mission members and the IBA welcome these decisions. 6.23 However, the delegation considers that the Government needs to strengthen its commitment to democracy and human rights14 through clear measures and policies for the implementation of an effective domestic protection system of human rights . The delegation also encourages the Equatorial Guinea Government to apply the constitutional principles of law and the basic guarantees of the Constitution and also the fundamental rights embodied in the international human rights instruments.

Equatorial Guinea – at the crossroads

Notes 1

See Article 5 of the UDHR, Article 7 of the ICCPR, Article 5 of the African Charter, Article 5 of the American Convention on Human Rights (ACHR), Article 3 of the European Convention on Human Rights (ECHR).

See Article 14 of the ICCPR, Article 8 of the ACHR, Article 6 of the ECHR, and Article 7 of the African Charter.

See Article 10 of the UDHR, the Basic Principles on the Independence of the Judiciary, the Basic Principles on the Role of Lawyers, and the Guidelines on the Role of Prosecutors.

See Human Rights Committee General Comment No. 13, para. 4.

The ACHR extends non-derogable status to ‘judicial guarantees essential for the protection of [the non-derogable] rights’. See Article 27(2) of the AHCR. The Inter-American Court has ruled that the judicial guarantees of habeas corpus and amparo are non-derogable. See Inter-American Court of Human Rights, Habeas Corpus in Emergency Situations, supra note 16. The UN Commission on Human Rights has called on all states ‘to establish a procedure such as habeas corpus or a similar procedure as a personal right not subject to derogation, including during states of emergency.’ See UN Commission on Human Rights, Resolution 1994/32 on the question of arbitrary detention, 4 March 1994, UN Doc. E/CN.4/RES/1994/32, para. 16.

Human Rights Committee General Comment No. 29, para. 16.

See Article 13 of the Equatorial Guinea Constitution.

See, in particular, ACHPR: Declaration of Principles on Freedom of Expression in Africa, Seminar on Freedom of Expression and the African Charter on Human and Peoples' Rights. Johannesburg, South Africa, 22-25 November 2000.

See IBA Report: Sri Lanka: Failing to Protect the Rule of Law and the Independence of the Judiciary, November 2001, p. 50.

10 See Article 13 (b) of the Equatorial Guinea Constitution 11 See Article 20 of the UDHR, Article 22 of the ICCPR, Article 10 of the African Charter, Article 15 and 16 of the American Convention on Human Rights, Article 11 European Convention on Human Rights. 12 See Article 13 (k) of the Equatorial Guinea Constitution 13 See Communications 137/94, 139/94, 154/96 and 161/97, International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro-Wiwa Jr and Civil Liberties Organisation v. Nigeria, Twelfth Activity Report 1998-1999, Annexe V (Documents of the African Commission, p. 729), paras. 79-80; C. Heyns, ‘Civil and Political Rights in the African Charter’, in M. Evans and R. Murray (ed.), The African Charter on Human and Peoples’ Rights: The System in Practice, 1986-2000, (Cambridge University Press, Cambridge, 2002), p. 150. 14 ‘Effective domestic protection of human rights requires a network of complementary norms and mechanisms. These include the following: state adherence to human rights treaties; implementation of international human rights obligations in domestic law; a domestic legal system that provides comprehensive substantive and procedural human rights laws; effective and accessible state institutions where individuals can obtain redress for human rights breaches, such as independent courts and national human rights institutions; a lively human rights NGO community; and a population that has developed a strong human rights culture’, Linda C. Reif, ‘Building Democratic Institution: The Role of National Human Rights Institution in Good Governance and Human Rights Protection’, in 13 Harv. Hum. Rts. J. 1, Spring 2000, at 3.

Equatorial Guinea – at the crossroads

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Chapter 7: Conclusions and Recommendations The HRI considers movement towards a true democracy to be critical to Equatorial Guinea playing a credible and leading role within the region.

A prerequisite to improving the economy, attracting

and maintaining international investors and maximising its own natural resources will be a strong and fair justice system. This must be reinforced by adherence to the rule of law and international and regional human rights standards. It is in this context that the IBA Human Rights Institute has produced the following conclusions and recommendations: 7.1

During its visit to Equatorial Guinea the delegation concluded that there has been a breakdown in the rule of law, in particular there is no separation of powers. It was clear that the Executive exercises considerable control over both the legislature and the judiciary which impacts significantly on their ability to exercise sufficient checks and balances on the powers of the Executive. In addition there is a lack of a viable opposition to the governing party and the political pluralism promised within the Constitution has not been fulfilled. In addition, freedom of speech and the press are strongly restricted to the extent that civil society is disempowered.

7.2

Equatorial Guinea is an African country that is trying to set up a legal system to serve the legal needs of both the national population (still very much ruled by customary law and living according their traditional and rural ways) and those of the modern economy. The Government wants, and indeed needs to legitimise itself through the adequate functioning of a modern democracy. However, it is unclear whether this is as a result of (i) a clear commitment to implement properly functioning legal institutions or (ii) of a rather manipulative attempt to legitimise an authoritarian Executive power through a masquerade legal system. If the Government is seeking the latter it will want to have the legitimating effects of the rule of law, democracy and Human Rights, but without effectively reducing the power of the President.

7.3

The vast majority of the people in Equatorial Guinea are extremely poor. Corruption is said to be endemic in all sectors of society. However, the discovery of large offshore oil reserves does present a wonderful opportunity for the country to generate much needed revenue and thus help alleviate poverty. However, with oil revenue has come further allegations of corruption and lack of transparency. There are some concerns that oil wealth will not trickle down through society but will instead be mismanaged and perhaps lost through corrupt practices. The Government needs to be encouraged to use the countryâ&#x20AC;&#x2122;s wealth to fund essential services, including in health, education and the administration of justice. Furthermore the Government needs to be encouraged to respect the principles of democracy and human rights. The delegation concluded that oversees investors have a significant role to play to ensure that the Government of Equatorial Guinea does indeed take measures to ensure that oil revenues are

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

transparent and accountable, that the funds are used for the benefit of the country as a whole and that the Government moves towards the creation of a fully functioning democracy and respects human rights. 7.5

Equatorial Guinea has a poor human rights record. Torture, failure to guarantee the right to a fair trial, lack of freedom of expression and association, and poor prison conditions are just some examples of the abuses that occur with impunity. The failure of the judiciary to act independently is a further difficulty as it prevents ordinary citizens from seeking redress for human rights abuses.

The Constitution and Legal System 7.6

The delegation concluded that the laws in Equatorial Guinea are either i) not properly or consistently used; ii) the laws are inconsistent with the Constitution; iii) the laws are outdated, and iv) they are ad hoc. There is an urgent need to initiate a programme of law reform. Although the Government professes to be engaged in the much needed codification of laws, it needs to demonstrate greater commitment to ensure that the laws are widely disseminated and that sufficiently qualified people are brought in to undertake the task. This will require sufficient resources being made available.

7.7

The delegation found that the constitutional provision for the separation of powers was not in fact practised. It is also clear that society has very little confidence in the legal system hence the use of petitions to the legislature. However, by taking on a quasi-judicial function the legislature is on occasion undermining the judiciary by overturning court judgments.

Recommendations (1) The Government needs to adopt a strategic plan to initiate law reform. It may wish to seek the assistance of constitutional and legal experts from within the international community. The process of law reform needs to consider constitutional and legal revision which moves Equatorial Guinea close to a democratic state. It is also recommended that the process of legal codification and reformation be prioritised and that if necessary international and regional legal technicians are brought into assist. (2) The Government must consider, as part of its law and constitutional reform means by which it can ensure a true separation of powers. (3) Revision of the complaints and petition process by which it is possible for the legislature to overturn court decision should be urgently contemplated. (4) Urgent consideration must be given to reducing the powers of the Executive, especially in relation to its control over the judiciary and legislature. (5) Reform of the legislature should be contemplated to ensure that it plays a role in curbing the checks and balances of Executive powers. 40

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

The Courts and the Judiciary 7.8

The courts are not independent and impartial. The range of external pressures flows from both systemic difficulties and from direct intervention from the President in order to protect his personal interests.

7.9

The process of judicial appointments, discipline, security of tenure and salaries are subject to influence through the Executive.

7.10 The endemic corruption which runs through civil society is also prevalent within the judiciary. 7.11 The judiciary lacks an independent regulatory body. The delegation concluded that the creation of such a body may help combat systemic failures to promote judicial independence. 7.12 The judiciary lacks sufficient training both before taking office and during its tenure. Of those who are legally trained, there is no consistency in the training (many of whom qualified oversees). This contributes to uncertainty and inconsistency in applying the laws and Constitution of Equatorial Guinea. 7.13 There are insufficient legal resources available to the judiciary. This is compounded by the lack of written laws and access to judicial decisions. 7.14 Society does not have confidence in the administration of justice in Equatorial Guinea. The population is uninformed about the justice system and how to access it. Recommendations (1) The Equatorial Guinea Government must immediately desist from any act of harassment that prevents the Equatoguinean Courts from functioning independently and impartially in compliance with the rule of law. (2) In turn judges must be willing to work to a higher standard of professionalism which requires them to act with independence, impartiality and integrity. (3) Payment of salaries commensurate with the importance of the role of judges within society must be contemplated. This may help to alleviate corruption. (4) Judges should be trained lawyers with high levels of professionalism and legal ability. A continuing legal education programme is urgently required to provide refresher course in subjects such as judicial independence, human rights and professional ethics. The creation and implementation of these training courses should be carried out with the necessary help of professional institutions with sufficient experience. The IBA is willing to assist in this important process. (5) An independent judicial regulatory body must be created to oversee judicial appointments, discipline, promotion, removal and salaries. In addition, the law relating to the security of tenure must be reviewed to ensure that it is adequate and steps taken to enforce it. The UN Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Basic Principles on the Independence of the Judiciary are a guide to the standards that should be adopted by this new independent body. (6) The judiciary should create its own association of judges in compliance with the international standards of freedom of association and freedom of expression. Through this association, judges could meet and discuss professional issues of mutual concern in a supportive atmosphere. It could also provide strong and committed judicial leadership to ensure fairness and equality in Equatoguinean courts. Through effective judicial education and interaction, the association might promote equal access to justice for all. The Legal Profession 7.15 The delegation was concerned to note that the legal profession is not independent from the Government. There are concerns that corruption exists within the legal profession both in terms of obtaining permission to practise law without the necessary qualifications and the use of bribery to sway the outcome of court cases. 7.16 Many lawyers receive training from oversees and are not sufficiently skilled or knowledgeable in Equatoguinean law. This has the potential to lead to inconsistency in the advice and representation given to clients and a failure to abide by uniform professional standards. The lack of written laws and access to case law is a further impediment to the consistency of legal practice. 7.17 There are limited legal resources for lawyers to undertake legal research. This is compounded by the lack of written laws and access to judicial decisions. 7.18 Equatorial Guinea does not have a fully functioning and independent Bar Association. 7.19 Lawyers have been subject to harassments and intimidation in the carrying out of their professional functions. Recommendations (1) There must be developed a national programme of legal education in order to achieve uniformity within the legal practice. This educational programme must start from the gaining of initial legal qualifications through to continuing legal education for practising lawyers. Any training should promote knowledge and understanding of the legal and ethical duties of a lawyer, human rights and the role of lawyers in protecting judicial independence and the rule of law.1 The IBA is willing to assist in this important process. (2) The delegation suggests that in order to build confidence and greater understanding between the Minister of Justice and legal profession they should initiate regular meetings to discuss matters of mutual interest and concern.

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

(3) The Government must desist from any act of harassment of the legal profession in the course of their carrying out professional duties in such a way that lawyers would be able to conduct their professional activities without interference. (4) Legal resources must be made available to ensure that lawyers are able to carry out their professional duties with sufficient skill and expertise. The delegation was extremely concerned about the lack of an independent Bar Association. The Government must desist from any interference in the Bar Association. The IBA recommends the establishment of a code of ethics and programme of continuing legal education for lawyers. An independent electoral process for positions within the executive of the Bar Association should be established and allowed to function without influence from the Government. Human Rights 7.20 There are serious concerns over the level and consistency of human rights violations in Equatorial Guinea. The country has in most instances failed to submit periodic reports to the United Nations treaty monitoring bodies, as required by its becoming a party to various UN human rights treaties. The Government did indicate its willingness to improve respect for human rights and compliance with its international treaty obligations. 7.21 Torture would appear to be used systematically by the police and security forces. The judiciary has ignored allegations of torture when presented with victims of torture and other illtreatment at court. 7.22 The failure to ensure the independence of the judiciary has led to the violation of the right to a fair trial. In turn this means that individuals complaining of human rights violations are unlikely to have a judicial remedy. 7.23 Other aspects of a fair trial, such as the right to counsel and the right to appeal are not respected in Equatorial Guinea. 7.24 There is no freedom of speech of the press despite these rights being set out within the Equatorial Guinea Constitution. Laws which restrict the press are in contravention of Equatorial Guineaâ&#x20AC;&#x2122;s international human rights obligations. 7.25 The right to freedom of association is unduly restricted. The combined impact of the lack of freedom of speech, press and association has meant that civil society has not been able to develop. As a crucial component of any democratic structure, it is essential that civil society groups are allowed to establish themselves independently of the Government. 7.26 Prison conditions do not meet with accepted international standards. In severe cases failure to adhere to certain standards could amount to a violation of the prohibition on torture and other ill-treatment.

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

7.27 The IBA strongly recommends that the Government reviews the case of Felipe Ondo and ensures that in the meantime, Mr Ondo is being held in humane conditions with access to his family, medical attention and legal representation. Recommendations (1) The Equatorial Guinea Government must prove it is committed to democratic principles such as freedom of speech and association and allow an independent media to be established. Furthermore, steps must be taken to ensure the activities of political opponents and parties are not unlawfully restricted. (2) The Government of Equatorial Guinea must as a matter of urgency issue instructions to its police officers and other state agents instructing them to refrain from torture and other illtreatment. Those who continue to do so must be held accountable for their actions and be punished in accordance with the law. All victims of torture are entitled to redress which includes compensation. (3) In order to help combat torture, the Government must implement a training programme for law enforcement offices, security services and prison wardens on the to ensure that when faced with allegations of torture they are aware of the legal and procedural requirements set out in international law. (4) A review of prison conditions must be carried out urgently. Measures should be taken to ensure the separation of women and children from male inmates and to segregate convicted prisoners from those in remand. Improvements in the medical facilities available should be implemented. (5) The Government should consider the creation of an independent national commission on human rights whose mandate it would be to: i) undertake studies patterns of human rights violations and make recommendations for reform; ii) monitor systemic changes to see if the situation has improved; iii) disseminate human rights within civil society; iv) help in the creation and implementation of national human rights training programmes; and v) advise the Government on its human rights obligations and its UN treaty monitoring reporting requirements. The Commission will need to cooperate with the UN and African Commission on Human Rights. The HRI would like to take this opportunity to reiterate itâ&#x20AC;&#x2122;s thanks to all those with whom it met for their honesty and cooperation. The HRI hopes that this report will provide practical and useful advice to those involved in the administration of justice in Equatorial Guinea. The HRI would welcome the opportunity to provide support in the realisation of some of the recommendations contained in this report. Notes See the IBA Standards for the Independence of the Legal Profession, adopted 1990.

Equatorial Guinea â&#x20AC;&#x201C; at the crossroads

Appendix I About the International Bar Association the global voice of the legal profession

In its role as a dual membership organisation, comprising 16,000 individual lawyers and 180 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents and include the American Bar Association, the German Federal Bar, the Japan Federation of Bar Associations, the Law Society of Zimbabwe and the Mexican Bar Association.

Grouped into three Sections – Business Law, Legal Practice, and Energy & Natural Resources Law – more than 60 specialist Committees provide members with access to leading experts and up-to-date information as well as top-level professional development and network-building opportunities through high-quality publications and world-class Conferences. The IBA’s Human Rights Institute works across the Association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

International Bar Association 271 Regent Street London W1B 2AQ United Kingdom Tel: +44 (0)20 7629 1206 Fax: +44 (0)20 7409 0456 E-mail: member@int-bar.org Website: www.ibanet.org Equatorial Guinea – at the crossroads

CONSTITUTION OF THE REPUBLIC OF EQUATORIAL GUINEA PREAMBLE We the people of Equatorial Guinea, Conscious of our responsibility before God and history; Driven by the will to safeguard our independence, organize and consolidate our national unity; Desirous of upholding the authoritic African spirit of family and community set-up adapted to the new social and legal structures of the modern world; Conscious of the fact that the charismatic authority of the traditional family is the foundation of the Equato-Guinean Society; Firmly support the principles of social justice and solemnly reaffirm our attachment to the mental freedoms enshrined in the universal Declaration of Human Rights of 1948; By virtue of these principles and the free determination of the people; Adopt the following constitution of the Republic of Equatorial Guinea. PART ONE FUNDAMENTAL PRINCIPLES OF THE STATE Item 1: Equatorial Guinea shall be a sovereign, independent, republican, unitary, social and democratic state, its supreme values shall be unity, peace, justice, freedom and equality. Multipartism shall be recognized. Its official appellation shall be: THE REPUBLIC of EQUATORIAL GUINEA. Item 2: National sovereignty shall be vested in the people who shall exercise same through election by universal suffrage. Likewise, the duties of the authorities responsible for the management of the state shall be determined by the supreme law and others. No section of the people or any individual shall arrogate to itself or to himself the exercise thereof. Item 3: The territory of Equatorial Guinea shall comprise: The main land zone known as Rio Muni; the Island of Bioko, Annobon, Corisco, Elobey Grande and Elobey Chico; the adjacent Islets; the fluvial waters; the maritime zone and the continental platform which shall be determined by the law and air space covered. The state shall fully exercise its sovereignty and shall be reserved the exclusive

rights to explore and exploit all mineral resources and hydrocarbons. The national territory shall be unalienable and invincible. The state shall (for administrative and economic purposes) be divided into regions provinces, districts and municipalities. The law shall delimit and denominate the regions, provinces, districts and municipalities. It shall equally determine the space to be occupied by each zone. Item 4: The official language of the Republic of Equatorial Guinea shall be Spanish; aboriginal languages shall be recognized as an integral part of its national culture. Its flag shall be three equal horizontal stripes of green, white and red charged with a blue triangle at the extremity close to the flagpole. Its shield shall be engraved in the center of the flag. Its shield shall establish the law. Its motto shall be "UNITY-PEACE-JUSTICE." Its national anthem shall be the hymn dedicated to the father land on October 12, 1968, day of its proclamation of independence. Item 5: The principles that shall govern the Equato-Guinean society shall be: 1. 2. 3. 4. 5. 6.

The The The The The The

respect of individual, his dignity, freedom and other fundamental rights; protection of the family, the basis of the Equato-Guinean society; recognition of all rights and gender equality; protection of labor; promotion of the economic development of the nation. promotion of the social and cultural development of all Equato-Guineans.

Item 6: The state shall encourage and promote culture, the arts and scientific and technological research, and shall ensure the conservation of nature, the cultural heritage and the artistic and historical riches of its nations. Item 7: The state shall define the sovereignty of its nation, strengthen its unity and ensure the respect of fundamental rights and the promotion of the economic, social and cultural progress of its citizens. Item 8: The state shall endeavor to follow the principles of international law and shall reaffirm its attachment to the rights and obligations enshrined in the characters of international organizations and bodies of which it shall be member. Item 9: Political parties shall be integral political organizations of persons who shall associate freely to participate in the political orientation of the state. They shall represent multipartism and democracy, and shall thus express popular will as the basis of any political participation. Its political parties shall not be allowed to have appellations similar to those that

existed before October 12, 1968; their ambitions and perspectives shall have to be nationalistic and shall therefore, not be based on tribe, ethnic inclinations, religion, gender, district, municipality, social condition or profession. The law shall regulate their creations and functioning. Item 10: The right to unemployment shall be recognized and exercised as stipulated by the law. Item 11: Citizens, public authorities, political parties, trade be subject to the fundamental laws and legal provisions. Item 12: The law shall determine the legal system that shall apply to the right to nationality, citizenship and the condition of foreigners. Item 13: Every citizen shall enjoy the following rights and freedoms: a) - The respect of his person, life, integrity and physical and moral dignity. Capital punishment shall only be applied for crimes condemned by the law; b) - Freedom of expression; c) - Equality before the law. Women, irrespective of their civil status, shall have the same rights and opportunities as her male counterpart at the political, economic, social and cultural levels, and at all levels of life; public, private or family; d) - Freedom of movement and residence; e) - Honour and good reputation; f) - Freedom of religion and worship; g) - The inviolability of the home and the privacy of all correspondence. h) - The submission of petitions to the state. i) - The right to speak; j) - The right to a fair hearing before the courts; k) - Freedom of association, of assembly and the right to strike; m) - The deprival of liberty except in the cases and according to the manner determined by law; n) - The right to hear the charges levied on him; o) - The right to presume innocence until found guilty during hearing;

p) - No person shall arrogate to himself the right to do justice; q) - Shall not be judged or condemned twice for the same offence; r) - Shall not be condemned without proof, nor deprived of the right to defense; s) - Shall not be punished for an act or omission. Item 14: The fundamental rights recognized in this chapter shall not exclude those guaranteed by the fundamental law, nor the others, which enunciate human dignity, the principle of sovereignty of the people or the social and democratic state of law and the republican form of government. Item 15: All acts of partiality or discrimination committed on the basis of tribe, gender, religion, and corruption and other or same shall be punishable by law. Item 16: All Equato-Guineans shall have the obligation to honor the father land and defend its sovereignty, its territorial integrity and national unity, factors which contribute to the peace, national security and traditional Equato-Guinean values and protect national interests. Military services shall be obligatory for all and shall be regulated by law. Item 17: All Equato-Guineans shall have the obligation to live peaceful, respect the rights and obligations and contribute to the building of a just and fraternal society. Item 18: All Equato-Guineans shall respect the state, its national anthem, its Head of State, its government and the institutions legally instituted. Item 19: Every citizen shall pay taxes according to his revenues. The expenses and revenues of the state and the investment programs shall be registered in each financial year within the annual budget elaborated in accordance with the legislation in force. Item 20: Every citizen shall have the obligation to respect and defend the fundamental law. Item 21: The state shall ensure the protection of the family as the foundation of the society and shall secure the moral, cultural and economic conditions favorable to the achievement of objectives. It shall equally protect every matrimonial class. The traditional family heritage shall be unalienable as determined by the law. Item 22: The state shall ensure the protection of every person from birth, and forster his normal development and ensure his security for his moral, psychological

and physical integration as well as his family life. It shall encourage and promote primary health care as the corners tone of the development of this sector. Item 23: (Constitutional law No. 1/1995, de fecha 17 de Enero). Education shall be primordial to the state. Every person shall have the right to primary education people shall have the right to primary education which is obligatory and free; Free education shall be instituted by law; The state shall guarantee to every person, private body or religious institution the right to found schools provided he or it subjects oriented toward the official pedagogical plan; Official education shall freely allow the institution of religious education, which is protected by the constitution. Education that shall be officially recognized may not orientate a programme or propagate ideological or partisan tendencies. Item 24: The state shall protect responsible paternity and ensure appropriate education to promote the family. Item 25: Work shall be a right and social obligation. The state shall recognize its role in improving on the well-being and development of its national resources conditions to eradicate poverty, misery and ensure the equal occupation of its national territory and shield its citizens from need. The law shall define the conditions under which this right shall be exercised. Item 26: Its economic system shall be based on the principle of free exchange and the freedom of enterprise. The law shall regulate the exercise of this freedom that should conform with the exigencies of economic and social development. The state shall protect, guarantee and control foreign investment which contributes to the development of its nation. Item 27: Its economy shall function under main sectors: a. The public sector comprising state-owned companies and mainly constituted of the exploitation of resources and services enumerated under article 28 of the fundamental law as well as other economic activities; b. The mix economic sector which integrates public and private capital for enterprises; c. The cooperative sector owned and managed by a community of persons working in these cooperatives. The state shall dictate the laws regulating and

developing this sector; d. The private sector, which integrates companies owned by one or more physical persons or corporate bodies with private rights and, more generally, companies that do not fall under the sectors mentioned above. Item 28: The resources and services reserved to the public sector shall be: a) - Mines and hydrocarbons; b) - Services in charge of distributing water and electricity; c) - Post, telecommunications and transport services; d) - Radio and television; e) - And others determined by the law. The state may delegate, concede or associate with a private body to develop any activity or service mentioned above in conformity with the law. Item 29: The state shall recognize public and private ownership. The right of ownership shall be guaranteed and protected as stipulated by the law in force. Ownership shall be inviolate, no person shall be deprived of his property and rights except in the case of public utility and upon compensation. The state shall guarantee to farmers ownership of their lands. The law shall determine the legality of public property. PART TWO CHAPTER I POWERS AND ORGANS OF THE STATE Item 30: State power shall be exercised by: -The president of the Republic;The Ministerial Council;The House of Commons;The Judiciary;And other organs instituted in compliance with the constitution. CHAPTER II THE PRESIDENT OF THE REPUBLIC Item 31: (Constitutional law No. 1/1995 of 17 January). The President of the Republic shall be the Head of State; he shall be the symbol of

national unity and shall represent the Nation. He shall be elected by a relative majority of the votes cast through direct, equal and secret universal suffrage. The law shall determine the conditions of the electoral process. Item 32: (Constitutional law No.1/1995 of 17 January) The person of the Head of state shall be inviolate and the law shall define his privileges and immunity during his term of office. Item 33: (Constitutional law No. 1/1995 of 17 January) The following requirements shall have to be fulfilled to become president of the republic: a. b. c. d. e. f. g.

Be an Equato-Guinean by birth; Enjoy civic rights; Live in the country since 5 years; Be capable of interpreting the constitution; Be elected in accordance with the constitution and other laws; Have between the ages of 40 and 75 years; Not have another nationality.

Item 34: The president of the Republic shall be elected for a term of office of 7 (seven) years renewable. Presidential elections shall be announced on the seventh year of the term of office of the president of the Republic at a date set by decree and adopted by the Ministerial council. The elections shall be held 40 days before the expiry of the term of office of the president of the Republic or later, but within 70 days after the announcement of the date. Item 35: The President of the Republic shall, upon election, be sworn in 30 days after the proclamation of results, and shall take the oath of office before the August presence of members of parliament and the Supreme Court meeting in solemn session. Where the winner of the elections belongs to a political party with a minority in the assembly, the president of the Republic appoints a new government. Item 36: (Constitutional law No. 1/1995 of 17 January) The president of the Republic shall determine the politics of the nation, arbitrate and model the normal functioning of all institutions of the state. His authority shall extend over the national territory. Item 37: The president shall exercise statutory authority in the Ministerial council.

Item 38: (Constitutional law No. 1/1995 of 17 January) The President of the Republic shall sanction and promulgate laws as provided by the constitution. He shall exercise the right to veto as provided under article 79 of the constitution. Item 39: (Constitutional law No. 1/1995 of 17 January) The President of the Republic shall equally exercise the following: a. Guarantee the strict implementation of the constitution, the functioning of state institutions and continuity of the state. b. Convene and preside over the Ministerial Council. c. Dictate in the Ministerial Council the decrees and laws as provided under article 64 (1) of the present constitution. d. He shall head the Armed Forces.The President of the Republic shall guarantee the security of the state beyond the frontiers. e. He shall declare war and conclude peace. f. He shall appoint the prime Minister as provided by the constitution. f-bis) - He shall ratify the decision of Parliament on its elections and president, as well as other members of the bureau in conformity with the constitution and the by-laws of the Assembly. g. He shall appoint and revoke high civil and military officials and may delegate the prime minister to appoint other civil and military officials. h. He shall negotiate ratify international treaties and agreements in accordance with the constitution. i. He shall confer the decorations and honorary distinctions of the Republic. j. He shall exercise the right of demency. k. He shall convene general elections as provided by the constitution. l. He shall approve, in conjuration with the Ministerial Council, the national development plan. m. He shall have the right to dissolve the parliament as provided by the present constitution. n. He shall exercise the other attributions and prerogatives provided by the law. Item 40: The president of the Republic shall be the head of the Armed Forces to ensure the territorial integrity of the nation and the maintenance of law and order Item 41: (Constitutional law No. 1/1995 of 17 January) Where circumstances so warrant, the president of the Republic may declare a state of siege by decree and suspend the constitution for a maximum period of three months and take exceptional measures to safeguard the nationâ&#x20AC;&#x2122;s assets. The deadline of three months may be prolonged where the situation remains dangerous. Item 42: (Constitutional law No. 1/1995 of 17 January) 1. The president of the Republic may, where circumstances so warrant, declare a state of emergency and inform the parliament. 2. The president shall determine the effects, territorial limits and duration of the state of emergency or the state of siege.

3. The law regulates the state of siege and its relevant competence and limit. 4. He shall not dissolve the Assembly except (17) under the conditions mentioned above. 5. He may suspend the constitution in the event of terrorist attacks or muting and sentence those involved according to the gravity of the situation. Item 43: (Constitutional law No. 1/1995 of 17 January) 1. The President may end his functions in the event of: - Resignation - Expiry of term of office - Permanent physical or mental invalidity. - Death

2. In the event of vacancy of the Presidency, a college comprising the President of Parliament, who presides over it, the Prime Minister, the President of the Supreme Court and a member of the Constitutional Council designated by its president shall ensure the interim management of the state. The Ministers of Defense and Security may attend these meetings as observers. Above 45 days, the Parliament shall meet in an extraordinary session to elect a President charged with ending the term of office. The Constitution shall not be modified in the event of vacancy. CHAPTER THREE THE COUNCIL OF MINISTERS Item 44: For the exercise of the political and administrative function, the President of the Republic presides the counsel of ministers, First constituted of the Prime Minister and the other members of the government Item 45: (Constitutional law No. 1/1995 of 17 January) The Council of Ministers shall execute the general policy of the nation as determined by the president of the Republic, ensure the application of laws and permanently assist the president in his political and administrative duties. The law shall determine the order of ministries, their denomination and their competences and roles. Item 46: The management and administration of government services shall be responsibility of ministers and other competent services of Ministerial departments. Item 47: (Constitutional law No. 1/1995 of 17 January)

In addition to its functions as determined by the Constitution, the Council of ministers shall have the following duties: 1. Direct the general policy of the Nation as defined by the president of the Republic by organizing and executing economic, cultural, scientific and social activities. 2. Propose the socio-economic development plans of the state and, where approved by the president and the parliament, organize, direct and supervise their implementation. 3. Elaborate the budgetary draft project and ensure its execution upon approval by the parliament and the president. 4. Define the monetary policy and adopt measures aimed at protecting the monetary and financial system of the state. 5. Elaborate draft projects submitted to parliament for approval. 6. Grant territorial exile. 7. Direct the administration of the state, coordinate and control the activities of the different ministries. 8. Ensure the application of laws and other general provisions which it integrates in the judicial organization of the nation. 9. Put in place necessary commissions charged with executing its attributions. Item 48: (Constitutional law No. 1/1995 of 17 January) 1. All members of government in managing their ministries shall be jointly responsible before the law, the President and the Parliament and, personally responsible before the Prime Minister, but no individual responsibility before the law. 2. The Civil and Criminal responsibility of members of government shall be requested in accordance with the law. Item 49: The members of government shall be: -The Prime Minister -The Deputy Prime Ministers -The Minister of State -The Ministers -The Deputy Ministers -The Secretaries of State. Item 50: The Prime Minister and other members of government shall take the oath of office before the president and the constitution. Item 51: The Ministerial Council, the plenary and the Ministers separately may attend the debates in Parliament without the right to vote. They may equally intervene.

CHAPTER FOUR THE PRIME MINISTER Item 52: The Prime Minister shall be member of the political party with the majority of seats in the National Assembly. Item 53: The Prime Minister shall be the Head of Government and shall direct its actions, execute and ensure the enforcement of laws. He shall dictate the necessary instructions. Item 54: The President of the Republic shall appoint the Prime Minister who is charged with appointing other members of government. In the event of any disagreement, the President of the Republic shall urge the majority to designate a new Prime Minister and shall dissolve the parliament and summon new parliamentary elections. Item 55: In his capacity of Head of Government, the Prime Minister shall, in addition to his attributions, coordinate ministerial activities and shall ensure the smooth functioning of government services. He shall ensure the implementation of government programs. He shall summon and preside over the inter-ministerial council in charge of deliberating on the proposals that shall be submitted to the Council of Ministers and proposing draft bills to parliament. Item 56: The Prime Minister may exceptionally and by virtue of precise delegations, preside over the Ministerial Council with a pre-defined agenda. Item 57: The Prime Minister shall end his term of office in the event of: a. b. c. d. e.

Resignation Expiry of the term of office of the Parliament Permanent physical disability Dissolution of the Assembly Death

Item 58: (Constitutional law No. 1/1995 of 17 January) In the event of resignation, disability or death, the President of the Republic may summon new legislative elections where the majority fails to designate a candidate within seven (7) days. Item 59: The Prime Minister shall propose to the President of the Republic one or more Deputy Prime Minister who may substitute him in the event of a vacancy. CHAPTER FIVE THE NATIONAL ASSEMBLY Item 60: Legislative powers shall be conferred to the National Assembly through universal suffrage, and the Parliament shall exercise this power as provided by the

Constitution. Item 61: The National Assembly shall comprise 80 (eighty) members elected by direct and secret office. Elections shall be conducted in one day and within 60days before the mandate expires. Administrative districts shall constitute the electoral constituencies. Seats shall be attributed to each list of candidates through a system of proportional representation. The electoral law shall determine the number of seats for each electoral constituency, the ineligibility and incompatibility of members of parliament and shall elaborate other aspects of the electoral process. Item 62: Members of parliament shall not necessary respect the mandate. Item 63: Members of Parliament shall have the right to amendment and vote. Voting shall be personal. Item 64: The functions of the National Assembly shall be as follows: a. Elect the President, Deputy Presidents and bureau among members. b. Enact its by-laws. c. Approve state expenses, revenues and investment budgets. The State through the tributary law, inspired in the principes of equality, generality and prosperity, establishes the taxes, obligations and exedents for-fiscal and the special circumstances that concur in each figure of taxes for its liquidation.

d. e. f. g. h. i.

j. k.

All the physical or legal persons, national or stranger, residentes in the Republicof Equatorial Guinea have the obligation of paying the taxes imposed by law. Legislate for taxation, suppress and institute taxes and other charges. Legislate for weights and measures. Determine the bases of civil and commercial rights relative to penal and labor procedures. Regulate fundamental rights and freedoms. Approve peace and trade treaties, those that affect national sovereignty and territorial integrity; those relative to a legal reserve are ratified by the President of the Republic. Authorize the President of the Republic to enact statutory orders relative to legal reserve between two sessions; these decrees shall enter into force when released. The government shall inform the Assembly on the content of this statutory order. Enlighten the members of government on the affairs under its competence, and call on them to explain the management of their affairs. Appoint an internal investigation commission to look into matters likely to comprise public interests. The commission shall have free access to all ministerial departments.

Carryout its duties as provided by the law.

Item 65: The President of the Republic may, after consulting the council of Ministers and the Bureau of the National Assembly, decide to summon a referendum where he deems necessary. The bill that shall be adopted therein shall be enforced and promulgated by the president of the Republic. Item 66: The President of the Republic may, during ministerial council, order the dissolution of the Assembly and organize new elections. Item 67: Every person, physical or corporate, Equato-Guinean or foreign, resident in Equatorial Guinea, shall pay taxes. Item 68: No member of parliament may be detained during or after his mandate for opinions expressed in the exercise of his duties. Item 69: The Assembly shall meet as of right the Monday following the promulgation of results for not more than 30days. The agenda of this session shall be limited to the election of the President of the Assembly and the Bureau members, except the government introduces urgent questions. Item 70: The National assembly shall hold 2 (two) ordinary sessions each year (March and September) for two months. Item 71: The National Assembly shall meet in extra-ordinary session on a specific agenda and at the request of the President of the Republic of three-quarter of its members. A session shall be held by more than half of the members, and decisions shall be adopted through vote by simple majority. Item 72: The opening and closing of each session, ordinary or extraordinary, shall be ordered by Presidential decree in accordance with the Bureau. Item 73: Sittings of the National Assembly shall be public Item 74: The National Assembly may hold sittings in camera at the request of the president of the Republic or of an absolute majority of its members. Item 75: The President of the Republic shall hold the legislative power in ministerial councils, and members of Parliament shall hold it in the Assembly. Draft projects submitted by members shall be deposited at the Bureau as provided by is by-laws and shall be transmitted to the Government for assessment. Item 76: In addition to matters provided by the constitution, the law shall reserve the following:

a. b. c. d. e. f. g. h. i. j. k. l. m. n.

Regulation of rights and obligations of the citizens. Expropriation of property for public utility. Nationality, state and capacity of persons, civil status and successions. Organization of justice, creation of new jurisdictions, the status of magistrates and of the public service. Penitentiary status, amnesty, definition of offences and the sentences that shall apply. Status of associations, political parties and trade unions. Status of the issue and printing of the currency. General administrative and financial organization. Conditions of participation of the state in the management of enterprises. Status of the public inheritance. Status of freedoms and persons, ownership, property, civil and commercial rights and obligations. Financial obligations of the state. Economic and social action plan. Fundamental principles governing education, culture, the right to work and social security.

Item 77: The general budget of state presented by the government during the second session shall be voted by the National Assembly. Where the state budget is not adopted before the current financial year expires, the president of the Republic may extend the preceding budgetary bill until adaptation of the new bill. The Government may request a ten-day extraordinary session for new deliberations. Where the budget is finally not adopted, the President of the Republic has the prerogative to institute the budgetary bill. Item 78: Where the budget is not voted during the second ordinary session, the president of the Republic shall summon an extraordinary session to find a solution. Item 79: Before promulgating a bill, The President of the Republic may request a second or third reading of the bill in parliament. Item 80: The President of the Republic may personally attend the session or send a message. In the case of the latter, the message may not be subject to deliberations. Item 81: The agenda shall de drawn by the Bureau. Item 82: The President of the Republic shall promulgate the bills adopted by parliament. CHAPTER SIX JUDICIAL POWER Item 83: The judicial power shall be independent of the executive and legislative powers. It shall exercise the legal functions of the state. Item 84: Justice shall be administered in the name of the people by the President of

the Republic. The organic law relative to the Judicial power shall determine the organization and attributions of courts necessary for the effective functioning of justice. This same law shall define the statutes of the magistracy. Item 85: The exercise of the judicial power in every type of hearing shall be reserved exclusively to the jurisdictions and courts as determined by the law. Item 86: The Head of State shall be the first magistrate of the nation. He shall guarantee the independence of the judicial power. Item 87: The judges and magistrates shall not enjoy any form of immunity in the exercise of their duties. Item 88: The principle of the unity of the Judicial Power shall be the basis of the organization and functioning of courts. The law shall determine the judicial system applicable in military courts. Item 89: Judgments shall be public, but deliberations shall be in camera. Item 90: The Supreme Court of Justice shall be the supreme organ of the judicial system. Item 91: The President of the Supreme Court and its members shall be appointed by the president of the Republic for a period of five years. Item 92: The legal Department shall ensure the strict respect of the constitution, the laws and legal dispositions of all state organs. Item 93: The Attorney General and his deputies shall be appointed by the President of the Republic. CHAPTER SEVEN THE CONSTITUTIONAL COUNCIL Item 94: The constitutional Council shall comprise a President and four other members appointed by the President of the Republic. Two of its members shall be proposed by the National Assembly. The term of office of its members shall be seven (7) years. The attributions of the constitutional council shall comprise the following: a. Taking cognizance of the constitutionality of laws. b. Taking cognizance of and annulling laws. c. Proclaiming the final results of presidential municipal and legislative elections and referendums.

d. Declaring the invalidity of the president of the Republic and the Prime Minister. e. Determining the supreme nature of the constitution within the framework of development. f. Taking cognizance of conflicts between constitutional bodies. g. Taking cognizance of the non-conformity of international treaties as provided by the constitution. h. And its other duties attributed by the law. Item 95: The bodies legally entitled to institute an appeal of unconstitutionality shall be:    

The The The The

President of the Republic, Head of State Prime Minister, Head of Government National Assembly; three-quarter of its members Attorney General

Item 96: Members of the Constitutional Council shall not be eligible or be members of government or of Parliament. Item 97: The organic law shall regulate the functioning and status of its members, and the implementation procedures of its actions. CHAPTER EIGHT THE HIGHER JUDICIAL COUNCIL Item 98: The Higher Judicial Council shall head this organ. It shall comprise a President and six other members appointed by the Head of State for a period of 5 years. The organic law shall regulate the structure, functioning and legal status of its members. PART III THE ARMED FORCES, STATE SECURITY AND NATIONAL DEFENSE. Item 99: The Armed Forces and State Security are a national institution whose mission shall be to maintain territorial integrity, defend national sovereignty, protect the supreme values of the fatherland, the security of the state, maintain public order and ensure the smooth functioning of government services in conformity with the constitution. The Armed Forces shall enact by-laws regulating its functioning. Item 100: Where necessary, the national defense shall enjoy the support of all the forces of the nation and the resources. An organic law shall regulate its functioning

PART FOUR LOCAL COMMUNITIES Item 101: Local Communities shall have a legal status. Under the responsibility of the Government and the administrative authorities of the Regions, they shall promote social and economic development programmes as provided by the law. Item 102: Local Communities shall contribute to the achievement of the development plans of the state. The law shall determine its competence, functioning and legal status. PART FIVE REVISION OF THE CONSTITUTION Item 103: The President of the Republic may summon a referendum to revise the constitution; the absolute majority of members of Parliament may equally request amendments. Item 104: The republican and democratic systems of the state, the national unity and territorial integrity shall not be subject to reforms. SPECIAL PROVISIONS No special provision shall be contrary to the constitution. FINAL PROVISIONS The Present Constitution shall enter into force after enaction and shall be registered and published in the official Gazette. MALABO, 17 JANUARY 1996. FOR A BETTER GUINEA OBIANG NGUEMA MBASOGO PRESIDENT OF THE REPUBLIC OF EQUATORIAL GUINEA.

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