Equatorial Guinea - Universal Periodic Review

UPR 33, May 13, 2019
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Equatorial Guinea received 326 recommendations, of which 240 were accepted (an acceptance rate of 74%). Canada’s previous recommendations to Equatorial Guinea were related to torture, freedom of association and child early and forced marriage.

The legal framework in Equatorial Guinea includes common law and written laws. In the Article 85 of the constitution, the president is designated the ‘‘First Magistrate of the Nation’’ and has the ability to unduly influence the judicial process. However, the law provides the right to a fair public trial. The country has ratified a number of international instruments relevant to the protection and promotion of human rights, though many face implementation challenges.

Equatorial Guinea ratified the Convention on the Elimination of all Forms of Discrimination against Women, but NGOs charge that since the last UPR, the government has taken no new measures to promote equality between men and women, and no legal actions aimed at the eradication of discrimination against women. A 2016 order issued by the Ministry of Education banned pregnant girls from school as a means to reduce adolescent pregnancies.

Even though elections are held regularly, NGOs have repeatedly reported that the authorities repress the activities of opposition parties and arrest and prosecute dissidents. According to the NGO CIVICUS, the government targets human rights defenders, bloggers, journalists and anyone with views that are critical of the government.

Article 13 (k) of the Constitution guarantees the right of freedom of association. However, despite these commitments, the government has consistently denied people the right to organise freely into groups or associations for the purpose of asserting or demanding rights. Equatorial Guinea’s main opposition party, Citizens for Innovation, was dissolved shortly after 147 members of the party were arrested following a confrontation with the police at a rally in December 2017.

Recommendations

Thank you Mr. President.

Canada applauds Equatorial Guinea for the July 2018 amnesty and the October 2018 pardon to political prisoners.

Canada recommends that Equatorial Guinea:

1. Enact a law clearly prohibiting discrimination against women and rescind Ministerial Order of 18 July 2016 that prohibits girls from registering for and/or attending school while pregnant.
2. Fully implement Law 6/2006 prohibiting torture and prosecute security personnel responsible for abuses.
3. Guarantee freedom of expression for activists, journalists and political opponents, including the right to participate in regular, free, fair and transparent elections, overseen by competent, independent and impartial national electoral bodies.
4. Allocate adequate resources for poverty alleviation, basic health care and primary education, with a view to addressing the economic and social rights of the population.

Canada encourages Equatorial Guinea to expand its democratic space, especially for civil society organizations.