Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation
1.1 Same-Sex Sexual Acts

Sources report that same-sex sexual acts in Equatorial Guinea are legal (ILGA May 2016, 34; Huffington Post 31 Jul. 2010) or that same-sex relationships are "not criminalized" (HRC and Human Rights First 29 Jul. 2014, 8). The US Department of State travel advisory states that "there are no legal restrictions on same-sex sexual relations" in Equatorial Guinea (US 14 Feb. 2017). According to a report on sexual orientation and gender identity in countries around the world by the French Institute for International and Strategic Affairs (IRIS), a "French think tank on geopolitical and strategic issues" (IRIS n.d.), the legality of homosexuality in 13 countries, including Equatorial Guinea, [translation] "does not result from specific legislation but from a legal vacuum[,] …from the absence of legislation on the subject" (IRIS Nov. 2012, 5).

In contrast, the United Kingdom (UK) travel advisory for Equatorial Guinea reports that "some sexual acts between members of the same sex are illegal" (UK 30 Nov. 2016). The Canadian government travel advisory for Equatorial Guinea similarly reports, with regard to homosexuality, that "displays of intimate affection are illegal" (Canada 22 Feb. 2017).

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) notes in their 2016 State-Sponsored Homophobia report that the age of consent is equal for "same and different sex sexual acts" in Equatorial Guinea (ILGA May 2016, 38). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Freedom of Expression

The US travel advisory for Equatorial Guinea indicates that there are "no legal restrictions on…the organization of LGBTI events" (US 14 Feb. 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3 Anti-Discrimination

In its national report to the UN Human Rights Council as part of the Universal Periodic Review (UPR), the government of Equatorial Guinea notes that,

[w]ith regard to the prohibition of discrimination on the basis of sexual orientation, heterosexuality and homosexuality are considered on an equal footing in Equatorial Guinea. The working paper from the Ministry of Health, which addresses sexual and reproductive rights, stipulates that all persons are entitled to the enjoyment of such rights without discrimination as to sexual orientation. (UN 3 Feb. 2014, para. 32)

The same source further indicates that "Article 15.1 of the Constitution is more explicit, and sets out that discrimination on the basis of sexual orientation is an offence punishable by law" (UN 3 Feb. 2014, para. 32). Article 15.1 of the constitution of Equatorial Guinea provides the following

Any act of bias [parcialidad] or of discrimination duly substantiated for tribal, ethnic, sexual, religious, social, political or other analogous motives, is punishable or castigated by the Law. (Republic of Equatorial Guinea 1982, italics in original)

In contrast, the US travel advisory for Equatorial Guinea indicates that "no antidiscrimination law exists to protect LGBTI individuals" (US 14 Feb. 2017).

2. Treatment by Society and Authorities

The US Department of State Country Reports on Human Rights Practices for 2016 notes that "[s]ocietal discrimination against…the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community…was a problem" in Equatorial Guinea (US 3 Mar. 2017, 1). The US travel advisory for Equatorial Guinea notes that "societal norms do not allow for the public discussion of homosexuality" (US 14 Feb. 2017). Similarly, the UK and Canadian travel advisories for Equatorial Guinea indicate that "homosexuality is not widely accepted" (Canada 22 Feb. 2017; UK 30 Nov. 2016).

Without providing further detail, IRIS reports that there is "stigmatisation" of sexual orientation or gender identity issues in Equatorial Guinea, adding that "rare cases of denouncement" are attributed to "'white expatriates' or nationals who have been perverted by them" (IRIS Nov. 2012, 25). US Country Reports 2016 indicates that "[t]he official government position was that no LGBTI persons were present in the country and that such sexual orientation or gender identity was abnormal" (US 3 Mar. 2017, 26). In a July 2014 article from Diario Rombe, a news source that aims to [translation] "offer alternative content" to the mainstream media in Equatorial Guinea, and which is "edited by activists, bloggers and communication professionals" (Diario Rombe 4 June 2013), cites the president of Equatorial Guinea as saying the following regarding homosexuality at a press conference:

I believe that this new dynamic is a long way away from the sensible judgment of the Africans. We Africans are not in agreement with this system, because it is ABOMINABLE. It is very bad. It is not appropriate to speak of homosexuality in Africa and it is something that should be condemned. We absolutely do not accept that two men can marry, nor two women. This is not natural in human life. God created the sexes so that a woman would have a man and so that a man would have a woman. This is the reality and in Africa we should not discuss it because it could create a crisis… (Diario Rombe 9 July 2014, emphasis in original)

US Country Reports 2014 notes that during 2014, "RTVGE and Television Asonga broadcast news segments in which LGBT persons were publicly 'shamed' and forced to stand in front of the camera and explain their 'wrong actions'" (US 25 June 2015, 23). In their July 2014 article, Diario Rombe similarly indicates that Television station Asonga de Bata has been "exposing and laughing at several Guinean citizens regarding their sexual orientation" (Diario Rombe 9 July 2014). According to the article, TV Asonga reported that four youths were detained and accused of being homosexuals (Diario Rombe 9 July 2014). The Advocate, a US-based "gay magazine" (The Advocate n.d.), citing the Diario Rombe article and YouTube report, describes the Asonga television news report as showing four youths, 18 to 20 years of age, who were arrested in July 2014 for "practicing homosexuality" and who were "forced to explain on national television" why they had filmed a video of two of their group having sex (The Advocate 14 Jul. 2014). Association France-Guinée Équatoriale (Assofrage) [1], based on Diario Rombe and Asonga TV information, reports that the four youths were detained [translation] "on the grounds" of being homosexuals after police found a video of "homosexual acts" on one of their phones, and that the four youths were questioned on camera by the TV station Asonga about the video (Assofrage 10 July 2014). Assofrage further reports that the four individuals incurred penalties because "Equatorial Guinea, like other African countries, continues to criminalize homosexuality and consider it a sexual deviance capable of endangering social order" (Assofrage 10 Jul. 2014).

In an April 2014 article, Assofrage reports that a taxi driver was arrested by police in Equatorial Guinea "for homosexuality," as he was in his car with "a young transvestite", as shown in a report on television station Asonga (Assofrage 13 Apr. 2014). The same source indicates that in the Asonga report, the two men's faces are "clumsily" covered in the television report, and at several points, their features can be clearly seen (Assofrage 13 Apr. 2014). According to Assofrage, in the TV report, the young transvestite, while "interrogated by journalists", explains that he was with the taxi driver "so he can eat," and the taxi driver indicates that he agreed to paid sexual services; however, it was not clear whether the driver knew that "he was dealing with a young man wearing a wig" (Assofrage 13 Apr. 2014). A Diario Rombe article about the same incident states that "this is the reality of life in Equatorial Guinea and other African countries: homosexuals and transvestites are subjected to severe persecution" (Diario Rombe 7 Apr. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The US Country Reports 2014 states that RTVGE is "the only national radio and television broadcast system" in Equatorial Guinea and is government-owned, while Asonga is the only private broadcaster in the country, and is owned by the President's son (US 25 June 2015, 11). Assofrage similarly indicates that Asonga is owned by the son of the president (Assofrage 13 Apr. 2014).

US Country Reports 2015 states that in November 2014,

[W]hen a military man saw a woman whom he liked holding hands with another woman, he shot and killed her on the street. Fearing government reluctance to punish the perpetrator, the victim's family decided against filing charges, and no action was taken. (US 13 Apr. 2016, 27)

US Country Reports 2016 indicates that in Equatorial Guinea in 2016 there were

no publicized incidents of official discrimination against LGBTI persons. In what might indicate more government and public tolerance toward LGBTI individuals, in June a local organization held a weeklong series of events on LGBTI issues. Speakers flown in from abroad gave lectures, workshops, film screenings, and television and radio interviews on government-controlled stations. All activities during the week were well attended and covered by local media, with no reported violence or societal backlash. (US 3 Mar. 2017, 26)

However, the report also notes that "observers believed" that stigma surrounding LGBTI issues prevented the reporting of abuse (US 3 Mar. 2017, 26). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Recourse and State Protection Available to Victims

Information on recourse and state protection available to LGBT persons was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. US Country Reports 2016 notes that "societal stigmatization and discrimination against the LGBTI community were problems, and the government made no effort to combat it," adding that there were "no specific legal impediments to LGBTI organizations, but that none existed at year's end, due mainly to societal stigma" (US 3 Mar. 2017, 26).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] According to its website, Assofrage is an "independent French cultural association" established in 2010, which aims to "contribute to a better knowledge of Equatorial Guinea in France, and to cultivate the links between French and Equatorial Guineans" (Assofrage n.d.a). The website further indicates that the organization is made up of a diverse group of people that all have some attachment to Equatorial Guinea, because of having lived or worked there, having studied the country, or having friends or family there (Assofrage n.d.b). Assofrage "[a]ims to have an open and tolerant dialogue with all people of good will who know and love Equatorial Guinea and … wishes to be a privileged interlocutor for the press, politics and economic actors in France who are interested in [Equatorial Guinea]" (Assofrage n.d.b.).

References

The Advocate. 14 July 2014. "WATCH: Four Youth Arrested, Forced to Explain Gay Sex in Equatorial Guinea." [Accessed 14 Mar. 2017]

The Advocate. N.d. "Print Issue." [Accessed 14 Mar. 2017]

Association France-Guinée Équatoriale (Assofrage). 10 July 2014. "Fait divers: Quatre jeunes Équato-guinéens arrêtés à Bata pour avoir commis des actes homosexuels." [Accessed 7 Mar. 2017]

Association France-Guinée Équatoriale (Assofrage). 13 April 2014. "Fait divers: Un jeune homme arrêté pour homosexualité et exhibé à la télévision." [Accessed 7 Mar. 2017]

Association France-Guinée Équatoriale (Assofrage). N.d.a. "Bienvenue, Bienvenido." [Accessed 22 Mar. 2017]

Association France-Guinée Équatoriale (Assofrage). N.d.b. "Qui Sommes-Nous?" [Accessed 7 Mar. 2017]

Canada. 22 February 2017. "Travel Advice and Advisories for Equatorial Guinea." [Accessed 7 Mar. 2017]

Diario Rombe. 9 July 2014. "La policía de Guinea Ecuatorial detiene a 4 jóvenes acusados de ser homosexuales." [Accessed 8 Mar. 2017]

Diario Rombe. 7 Apr. 2014. "La policía detienea un 'homosexual' y taxista y los exhiben en la TVA." [Accessed 17 Mar. 2017]

Diario Rombe. 4 June 2013. "Qué es Diario Rombe." [Accessed 8 Mar. 2017]

French Institute for International and Strategic Affairs (IRIS). November 2012. Groupe de travail sur la dépénalisation universelle de l'homosexualité. Claire Callejon. Orientation sexuelle et identité de genre à travers le monde. [Accessed 8 Mar. 2017]

French Institute for International and Strategic Affairs (IRIS). N.d. "Home." [Accessed 8 Mar. 2017]

Human Rights Campaign Foundation (HRC) and Human Rights First. 29 July 2014. Report: The State of Human Rights For LGBT People in Africa. [Accessed 8 Mar. 2017]

Huffington Post. 31 July 2010. LePost. "Carte des droits des homosexuels dans le monde en 2010." [Accessed 7 Mar. 2017]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2016. Aengus Carroll. State Sponsored Homophobia. [Accessed 8 Mar. 2017]

Republic of Equatorial Guinea. 1982 (amended 2012). The Fundamental Law of the Republic of Equatorial Guinea, 1982. Translated by Jefri J. Ruchti. In World Constitutions Illustrated. Edited by Jefri Jay Ruchti. Buffalo, NY: Williams S. Hein & Co., Inc.

United Kingdom (UK). 30 November 2016. "Equatorial Guinea Travel Advice." [Accessed 7 Mar. 2017]

United Nations (UN). 3 February 2014. Human Rights Council. Republic of Equatorial Guinea. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21 - Equatorial Guinea. (A/HRC/WG.6/19/GNQ/1) [Accessed Mar. 2017]

United States (US). 3 March 2017. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2016. [Accessed 8 Mar. 2017]

United States (US). 14 February 2017. Department of State, Bureau of Consular Affairs. "Equatorial Guinea." [Accessed 7 Mar. 2017]

United States (US). 13 April 2016. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2015. [Accessed 8 Mar. 2017]

United States (US). 25 June 2015. Department of State "Equatorial Guinea." Country Reports on Human Rights Practices for 2014. [Accessed 8 Mar. 2017]

Additional Sources Consulted

Oral sources: Researcher, Human Rights Watch; Program Coordinator, OutRight International; Pan-African International Lesbian, Gay, Bisexual, Trans and Intersex Association.

Internet sites, including: Amnesty International; BBC; EQUALDEX; Factiva; Freedom House; GayLawNet; GlobalGayz; The Guardian; Human Rights Quarterly; Human Rights Watch; Journal of Refugee Studies; International Crisis Group; Jane's Intelligence Review; OutRight International; Pink News; Reuters; SlateAfrique; Susan's Place; UN – Refworld, Reliefweb.