Equatorial Guinea: Whether Members of Parliament have discretionary and decision-making powers; whether it is possible for someone who was perceived to be an opponent of the government to serve as a Member of Parliament; information on the types of passports issued to current and former Members of Parliament (1995-September 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Discretionary and Decision-making Powers of a Member of Parliament

Information on discretionary and decision-making powers of a Member of Parliament in Equatorial Guinea could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

For information on the Parliamentary system in Equatorial Guinea, including its structure, electoral procedures, and roles and responsibilities of its members, see Response to Information Request GNQ105621 of September 2016.

2. Government Opponents as Members of Parliament

In describing the 2004 parliamentary elections of Equatorial Guinea, the US Department of State's Country Report on Human Rights Practices for 2007 indicates that "[o]pposition candidates were subjected to harassment, arbitrary detention, restrictions on movement, and denial of equal access to the media" (US 11 Mar. 2008). According to the US Country Reports for 2008, during the 2008 elections, opposition parties and candidates "operated at a significant disadvantage when attempting to gain favor among the voters," and that the government limited their access to domestic media even though they were allowed to participate in "legislative debates, talk shows, and meetings with the president" (ibid. 25 Feb. 2009). The US Country Reports for 2015 similarly indicates that over the course of the 2013 elections, "the government restricted opposition parties' access to media and delayed the provision of constitutionally mandated funding during the campaign" (ibid. 13 Apr. 2016, 16). The same source notes that during preparations for the 2016 presidential election, opposition parties had no access to media despite provisions in the National Pact of 1993 that provides "access to media and political financing and that provides for opposition political parties to have free weekly national radio and TV spots" (ibid.). In describing the lead up to the country's 2016 election, the source further indicates that even though political parties were eligible to receive public and private funding, "only the PDGE [Democratic Party of Equatorial Guinea (Partido Democrático de Guinea Ecuatorial)] [1] received public funding, and the amount was not publicly disclosed" (ibid.). In a joint statement in advance of the 26 May 2013 elections, Amnesty International (AI), Human Rights Watch, and EG Justice, a Washington, DC-based organization that promotes "human rights, the rule of law, transparency, and civic participation" in Equatorial Guinea (EG Justice n.d.), states that "[o]pposition parties' access to official media is restricted, putting them at a disadvantage, particularly in competing for elected office" (AI et al. 7 May 2013). The same source also notes that electoral processes are "biased" in the sense that, according to opposition leaders, "public funding available to them is insufficient to conduct a national campaign and that the ruling party unfairly benefits from far greater access to state funds and resources" (ibid.). According AI et al., there is no "independent and impartial body to oversee the electoral process or consider election-related complaints" (ibid.).

According to Freedom House's Freedom in the World 2015 report, "[t]he CPDS [Convergence for Social Democracy (Convergencia para la Democracia Social)], the primary opposition party, is routinely denied access to the media" and that "[c]ampaign funds mandated by the constitution are regularly delayed" (Freedom House 2015).

The US Country Reports for 2002 indicates that in 2002, there were 12 political parties considered by the government to be "'opposition parties'," 11 of which are allied with the ruling PDGE (US 31 Mar. 2003). This information is also included in the US Country Reports for 2004 ,which notes that the government "reportedly applied pressure to persuade opposition members or officials from most, but not all, opposition parties to join the PDGE party" (ibid. 28 Feb. 2005). 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 for 2007 states that in 2007, there were 13 registered political parties, including 12 that the government called "'opposition parties'," six of which aligned themselves with the PDGE (US 11 Mar. 2008). According to the Freedom in the World 2015 report, ten political parties, not including the CPDS, are aligned with the PDGE (Freedom House 2015). The US Country Reports for 2007 further indicates that those parties that did not aligned themselves with the PDGE, including the CPDS, "were called 'radical' by the government, meaning confrontational and willing to vote against the president's position" (11 Mar. 2008). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

An African Union (AU) report on the 2013 elections in Equatorial Guinea states that [translation] "the CPDS and APGE [Popular Action of Equatorial Guinea (Acción Popular de Guinea Ecuatorial)] had great difficulties in forming their lists … because of their limited number of supporters" (AU 2013, para. 39). It also indicates that "many" Equatorial Guineans were "afraid to show their support for opposition parties because of fear of reprisals" (ibid.).

Sources report the following parliamentary election results:

• Without providing further information, the Political Handbook of the World (PHW) 2015 states that eight parties took part in the 1993 election, and that the PDGE took 68 out of 80 seats (PHW 2015, 449). The same source notes that these elections were boycotted by a coalition of opposition parties (ibid.);
• In the 1999 elections, the opposition won five out of 80 seats (US 31 Mar. 2003; PHW 2015, 449), with the PDGE taking 75 (ibid.; Freedom House 2001). Sources note that opposition MPs refused to take their seats, protesting alleged election fraud (ibid.; PHW 2015, 453);
• In the 2004 elections, the CPDS won two seats and the PDGE and its aligned parties 98 seats (ibid. 2015, 452-453; Freedom House 2005). Without providing further information, the US Country Reports for 2005 indicates that after these elections, "the ruling party only offered the CPDS 2 seats in the 100-seat Parliament" despite receiving, according to international observers, about 12 percent of the vote (US 28 Feb. 2005). Sources state that there were reports of numerous irregularities and voter intimidation (ibid.; Freedom House 2005);
• In the 2008 elections, one seat went to the CPDS and the remaining 99 to the ruling coalition (ibid. 2009; US 25 Feb. 2009). PHW 2015 indicates that the PDGE won 89 seats, and the Democratic Opposition, a PDGE-allied coalition of eight parties, won ten (PHW 2015, 449). Sources note that the opposition alleged fraud in the elections (ibid. 453; Freedom House 2009);
• In the 2013 elections, the CPDS won one seat of 100 in the Chamber of Deputies [2], and one seat out of the 55 directly-elected seats in the Senate (IPU 4 July 2016; PHW 2015, 450).

3. Passports for Members of Parliament

The website of the Inter-Parliamentary Union (IPU), a Geneva-based international organization of parliaments working on "world-wide parliamentary dialogue" (IPU n.d.a), indicates in PARLINE, the IPU database containing "information on the structure and working methods of 270 parliamentary chambers in all of the 193 countries where a national legislature exists" (ibid. n.d.b), that in Equatorial Guinea, the President and First and Second Vice-presidents receive diplomatic passports, and other "Representatives" receive official passports (ibid. 6 Sept. 2016).

However, in correspondence with the Research Directorate, an official from the embassy of Equatorial Guinea in Washington, DC stated that members of the Chamber of Deputies and the Senate receive diplomatic passports during their time in office, after which they need to return the diplomatic passport, with the option to apply for an official passport (Equatorial Guinea 30 Aug. 2016).

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.

Notes

[1] The Democratic Party of Equatorial Guinea [Partido Democrático de Guinea Ecuatorial] (PDGE) was founded in October 1987 by President Obiang (PHW 2015,452). Brig. Gen. Teodoro Obiang Nguema Mbasogo (President of the Republic) is its President, Teodoro "Teodorin" Nguema Obiang Mangue, the President's son, is the Vice President of the Party, and Chair of the Party's National Youth Federation (ibid.).

[2] "Under constitutional reforms approved in a 2011 referendum, Equatorial Guinea repaced its unicameral system with a bicameral parliament consisting of a 70-seat Senate alongside a 100-seat Chamber of Deputies" (Freedom House 2015). For further information on the parliament and changes in its structure, see Response to Information Request GNQ105621 of September 2016.

References

Amnesty International (AI), EG Justice, and Human Rights Watch. 7 May 2013. "Amnesty International, EG Justice, and Human Rights Watch Joint Statement on Concerns Ahead of the May 26 Vote in Equatorial Guinea." [Accessed 19 Sept. 2016).

African Union (AU). 2013. Rapport de la mission d'observation de l'Union Africaine aux elections legislatives, senatoriales et municipales du 26 mai 2013 en République de Guinée Equatoriale. [Accessed 19 Sept. 2016]

EG Justice. N.d. "About Us." [Accessed 19 Sept. 2016]

Equatorial Guinea. 30 August 2016. Embassy of Equatorial Guinea, Washington, DC. Correspondence from an offical to the Research Directorate.

Freedom House. 2015. "Equatorial Guinea." Freedom in the World 2015. [Accessed 1 Sept. 2016]

Equatorial Guinea. 2009. "Equatorial Guinea." Freedom in the World 2009. [Accessed 7 Sept. 2016]

Equatorial Guinea. 2005. "Equatorial Guinea." Freedom in the World 2005. [Accessed 7 Sept. 2016]

Equatorial Guinea. 2001. "Equatorial Guinea." Freedom in the World 2001. [Accessed 1 Sept. 2009]

Inter-Parliamentary Union (IPU). 6 September 2016. "Equatorial Guinea: Cámara de los Diputados (Chamber of Deputies)." [Accessed 19 Aug. 2016]

Inter-Parliamentary Union (IPU)N.d.a. "What is the IPU?" [Accessed 7 Sept. 2016]

Inter-Parliamentary Union (IPU)N.d.b. "PARLINE Database on National Parliaments." [Accessed 7 Sept. 2016]

Political Handbook of the World 2015 (PHW). 2015 "Equatorial Guinea." Edited by Thomas Lansford. Washington, DC: CQ Press.

United States (US). 13 April 2016. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2015. [Accessed 7 Sept. 2016]

United States (US)25 February 2009. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2008. [Accessed 7 Sept. 2016]

United States (US)11 March 2008. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2007. [Accessed 7 Sept. 2016]

United States (US)28 February 2005. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2004. [Accessed 7 Sept 2016]

United States (US)31 March 2003. Department of State. "Equatorial Guinea." Country Reports on Human Rights Practices for 2002. [Accessed 7 Sept. 2016]

Additional Sources Consulted

Oral sources: EG Justice; Equatorial Guinea - Oficina de Información y Prensa; Fédération internationale des ligues des droits de l'homme; Historian on Development Cooperation with Equatorial Guinea; Human Rights Watch; Independent Academic Author; Institute for Security Studies; Professor of anthropology, Universidad Autónoma de Madrid.

Internet sites, including: Amnesty International; BBC; Diario Rombe; ecoi.net; EG Justice; Equatorial Guinea - Página Web Institucional, Presidencia; Factiva; Fédération internationale des ligues des droits de l'homme; Gaceta de Guinea; The Guardian; Guinea-ecuatorial.net; Human Rights Watch; International Foundation for Electoral Systems; IRIN; Norway - Landinfo; Radio France internationale; Transparência e Integrade, Associação Cívica; Transparency International; UN - Development Programme, Office of the High Commissioner for Human Rights, Refworld, ReliefWeb; US - Department of State.