Equatorial Guinea: Domestic violence, including legislation; state protection and services available to victims (2003-November 2013)

1. Prevalence of Domestic Violence

Information on domestic violence in Equatorial Guinea was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The US Department of State's Country Reports on Human Rights Practices for 2012 states that domestic violence is "widespread" in Equatorial Guinea (US 19 Apr. 2013). Country Reports 2006 adds that "[t]he traditional perception that women were sold to men by their families, and therefore were property to be controlled by whatever means necessary short of death, was widespread" (ibid. 6 Mar. 2007). Similarly, in 2003, Equatorial Guinea's report to the UN Committee on the Elimination of Discrimination Against Women (CEDAW) stated that, traditionally, a man has the right to "'discipline'" his family members, including "to strike his wife, and this is not seen as abnormal or as any kind of wrong or offence" (UN 11 Feb. 2004). Country Reports 2006 indicates that domestic violence, "particularly wife-beating, was common" in 2006 (US 6 Mar. 2007). Country Reports 2012 indicates that victims of domestic violence were reluctant to report the abuse (ibid. 19 Apr. 2013).

National data from Equatorial Guinea's first Demographic and Health Survey conducted by the Ministry of Health and Social Wellbeing in collaboration with the Ministry of Planning, Economic Development, and Public Investments, was collected between July and November 2011, from a representative sample of 5,400 people, including 3,575 women between the ages of 15 and 49 years old, and 1,825 men between the ages of 15 and 59 from half of the households surveyed (Equatorial Guinea 2012, 1). The survey results indicated the following:

65 percent of women between 15 and 49 years old said they experienced some type of domestic violence, including physical, sexual and emotional violence;

57 percent of non-single women in relationships between the ages of 15 and 49 have experienced acts of physical or sexual violence in their relationship;

78 percent of women who are separated or divorced from their partners or husbands experienced domestic violence;

54 percent of the women surveyed experienced acts of domestic violence in the 12 months before the survey was conducted (ibid., 15, 16).

2. Legislation

According to the UN Human Rights Council's Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, who visited Equatorial Guinea in November 2008, domestic violence is not criminalized in the penal code, although the code "prohibits harm, including beatings and ill-treatment" (UN 7 Jan. 2010, 66). The 2006 and 2012 Country Reports indicate that spousal abuse is illegal, however "the government did not enforce the law effectively" (US 6 Mar. 2007; ibid. 19 Apr. 2013). Country Reports 2012 adds that the punishment for assault ranges from one to twenty years of prison, "[d]epending on the severity and circumstances" (ibid.). According to the Social Institutions and Gender Index (SIGI), the OECD Development Centre's measure of the "underlying drivers of gender inequality for over 100 countries" (n.d.a), "[i]n 2011, NGOs reported that a [d]omestic [v]iolence [b]ill has been debated 4 times since January 2009 but never passed" (n.d.b).

Country Reports 2011 states that, "in accordance with a 2009 law, family courts were created to deal with cases of violence against women; however domestic violence cases continued to be handled by district courts" (US 24 May 2012).

Country Reports 2006 indicates that the public beating of wives is illegal (US 6 Mar. 2007). Sources indicate that although rape is illegal, spousal rape is not included in the law (ibid. 19 Apr. 2013; UN 7 Jan. 2010, para. 66).

3. State Protection

Country Reports from 2006 to 2012 state that the "police and judiciary were reluctant to prosecute domestic violence cases" (US 8 Mar. 2006; ibid. 6 Mar. 2007; ibid. 11 Mar. 2008; ibid. 11 Mar. 2010; ibid. 4 Aug. 2011; ibid. 24 May 2012; ibid. 19 Apr. 2013). Various years of Country Reports also report on the lack of statistics available on prosecutions (ibid.; ibid. 6 Mar. 2007; ibid. 11 Mar. 2008). The 7 January 2010 UN Human Rights Council report stated that "the Prosecutor General indicated that no cases of violence against women have been brought before the courts" (para. 66).

Country Reports 2006 indicates that "the government generally did not prosecute perpetrators of domestic violence" (US 6 Mar. 2007). Country Reports 2004 indicates that the government "did not prosecute perpetrators of domestic violence, except for one ongoing case concerning a government official who allegedly shot and killed his wife during the year" (US 28 Feb. 2005). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Country Reports 2006 adds that "some police and judicial officials stated that gender violence should be resolved at home, not prosecuted by the government" (US 6 Mar. 2007).

4. Services Available to Victims

Country Reports 2006 indicates that the government of Equatorial Guinea did not have a shelter, a hotline, or other services available for victims of domestic violence (US 6 Mar. 2007). Country Reports 2007 indicated that the government planned to start constructing shelters in Malabo and Bata in 2008 (ibid. 11 Mar. 2008). However, the 7 January 2010 UN Human Rights Council report states that there are no shelters in Equatorial Guinea (para. 66). A written statement made on 11 March 2013 by the Counsellor of the Presidency of Government on the Advancement of Women in Equatorial Guinea says that there is "ongoing study and approval of the Protection Act of violence against women and girls, which includes the creating of shelters for victims, in fact the construction project ... in different provinces is ongoing" (Equatorial Guinea 11 Mar. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Equatorial Guinea's December 2003 submission to the UN CEDAW indicates that the Department of the Status of Women in the Ministry of Social Affairs and the Status of Women has a

disputes section which listens to and supports women victims of ill-treatment and other humiliations. This section plays a role in conciliation and mediation, but in cases where the husband withholds consent or is a recidivist, the case is passed on to the judicial authorities for prosecution and judgement. (UN 11 Feb. 2004)

The 7 January 2010 UN Human Rights Council report indicates that the Dispute Settlement Division of the Ministry of Social Action and the Promotion of Women set up a mediation procedure "to act as [a] facilitator between parties in regard to complaints against physical, psychological and economic violence with the aim of reaching a friendly settlement, but no details about the results of its work were available" (para. 66). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Equatorial Guinea's December 2003 submission to the UN CEDAW indicates that the Ministry of Social Affairs and the Status of Women held awareness-raising seminars and round-tables about domestic violence (UN 11 Feb. 2004). Country Reports for 2007 and 2012 indicate that the government conducted public awareness campaigns about domestic violence and women's rights with international organizations (US 19 Apr. 2013; ibid. 11 Mar. 2008). The 7 January 2010 UN Human Rights Council report indicated that "some initiatives seem underway to combat violence against women, such as training programmes for the police to deal with complaints co-funded by the United States and awareness raising programmes" (para. 66). Country Reports 2012 indicate that "[o]n occasion, police organized workshops on family violence, and public marches against violence against women were authorized" (US 19 Apr. 2013). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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.

References

Equatorial Guinea. 11 March 2013. Honourable Ms. Antonina Miko Mikue. "Statement by Counselor of the Presidency of Government on the Advan[ce]ment of Women of the Republic of Equatorial Guinea." 57th Session of the Commission of Women. [Acccessed 5 Nov. 2013]

_____. 2012. Le Ministère de la Santé et du Bien-Être Social, le Ministère de la Planification, du Développement Économique et des Investissement Publics, et ICF International. Guinée Equatoriale Enquête Demographique et de Santé 2011: Rapport de Synthèse. [Accessed 14 Nov. 2013]

Social Institutions and Gender Index (SIGI). N.d.a. "About SIGI." [Accessed 20 Nov. 2013]

_____. N.d.b. "Gender Equality in Equatorial Guinea." [Accessed 5 Nov. 2013]

United Nations (UN). 7 January 2010. Manfred Nowak. Human Rights Council. Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Thirteenth Session. [Accessed 8 Nov. 2013]

_____. 11 February 2004. Committee on the Elimination of Discrimination Against Women. Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women. [Accessed 13 Nov. 2013]

United States (US). 19 April 2013. Department of State. Country Reports on Human Rights Practices for 2012. [Accessed 8 Nov. 2013]

_____. 24 May 2012. Department of State. Country Reports on Human Rights Practices for 2011. [Accessed 8 Nov. 2013]

_____. 4 August 2011. Department of State. Country Reports on Human Rights Practices for 2010. [Accessed 20 Nov. 2013]

_____. 11 March 2010. Department of State. Country Reports on Human Rights Practices for 2009. [Accessed 20 Nov. 2013]

_____. 25 February 2009. Department of State. Country Reports on Human Rights Practices for 2008. [Accessed 20 Nov. 2013]

_____. 11 March 2008. Department of State. Country Reports on Human Rights Practices for 2007. [Accessed 8 Nov. 2013]

_____. 6 March 2007. Department of State. Country Reports on Human Rights Practices for 2006. [Accessed 8 Nov. 2013]

_____. 8 March 2006. Department of State. Country Reports on Human Rights Practices for 2005. [Accessed 15 Nov. 2013]

_____. 28 February 2005. Department of State. Country Reports on Human Rights Practices for 2004. [Accessed 8 Nov. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: Agência Espanhola de Cooperaçao Internacional para o Desenvolvimento; Association Bienestar Familiar de Guinea Equatorial; Caritas (Equatorial Guinea); Center for Economic and Social Rights; Comité de Apoyo al Niño de Guinea Ecuatorial; Equatorial Guinea - Direction Général de la Statistique, Ministry of Social Affairs and the Promotion of Women, Press and Information Office; Femme Africa Solidarité; International Federation for Human Rights; Programa de las Naciones Unidades para el Desarrollo; Red de Información Médica en Guinea Ecuatorial; Sonke Gender Justice Network.

Internet sites: AllAfrica.com; Amnesty International; Center for Economic and Social Rights; ecoi.net; Equatorial Guinea - Official Web Page of the Government of the Republic of Equatorial Guinea; Factiva; Freedom House; Hot Peaches Pages; Human Rights Watch; International Federation for Human Rights; International Rescue Committee; Journal de Malabo.com; La Gaceta de Guinea Ecuatorial, Sonke Gender Justice Network; United Nations - Refworld, Office of the High Commissioner for Human Rights, Secretary-General's Database on Violence Against Women.