Legal framework on freedom of religion and actual application
The Constitution of Equatorial Guinea (adopted in 1995 and amended most recently via referendum in 2011) guarantees freedom of conscience, religion, and worship (Article 24, 4), and contemplates punishments for discriminatory acts committed “on the basis of tribe, ethnicity, gender, religion, social, political or other analogous motives” (Article 15, 1). Moreover, the constitutional text prohibits political parties from identifying themselves with a religion: they must have “national character and scope, thus shall not be based on tribe, ethnicity, region, district, municipality province, gender, religion, social condition nor profession or occupation.” (Article 9, 2). Individuals are free to change religions, and “Christians converting to Islam are permitted to add Muslim names to their Christian names on their official documents”.
Concerning education, Article 24 (4) of the Constitution allows free choice in matters of religious instruction, based on the principle of freedom of conscience and religion. The Constitution also guarantees the right for organisations and individuals to establish schools, under the condition of “being subject to the official pedagogical plan” (Article 24, 3). In public schools, the study of religion is optional and may be replaced by a civil or social education course. Several religious groups, mainly Catholics and Protestants, operate both primary and secondary schools.
A 1991 law, which was incorporated into a presidential decree the following year, sets out the rules for the registration of religious groups. It also officially sanctioned preferential treatment for the Catholic Church and the Reformed Church of Equatorial Guinea, neither of which were required to obtain state registration. In practice, this preferential treatment is demonstrated by the inclusion of the Catholic Mass in all official ceremonies, particularly during celebrations of the anniversary of the 1979 coup d’état, Independence Day, and the President’s birthday.
All other religious groups are required to register by making a written request to the Ministry of Justice, Worship and Penitentiary Institutions. The evaluation of this request is entrusted to the Ministry’s director general. Some religious groups, including Muslims or Baha’is, need to register only once. Other, newer denominations may have to periodically renew their registration. Unregistered groups can be fined or banned. Religious groups that fail to register may be subject to fines. In practice, the registration process is extremely slow. In some cases, it can take years. However, this is related more to red tape than to an explicit political bias against a particular religious group.
In October 2012, the Government of Equatorial Guinea and the Holy See signed a concordat. The agreement guarantees the legal personality of the Church in the country. Moreover, it covered topics such as “canonical marriage, places of worship, educational institutions, and spiritual assistance to Catholic faithful in hospitals and prisons”.
On 4 April 2015, the Ministry of Justice, Worship and Penitentiary Institutions, published a decree regarding religious activities. It stated that all religious activities taking place outside the hours of 6 am to 9 am, and those held in non-registered places of worship, can only go ahead with permission from the ministry. The decree restricts religious activities or preaching in private homes and requires foreign religious representatives or authorities to obtain permission in advance from the ministry to participate in religious activities.
Only Christian celebrations such as Christmas, Holy Thursday, Good Friday, and the Immaculate Conception are national feast days.
Incidents and developments
Equatorial Guinea is a tiny oil producing country of 1.4 million people on the west coast of Central Africa squeezed between Cameroon and Gabon and includes the islands of Bioko in the Gulf of Guinea. The nation boasts the worlds longest serving head of state (excluding monarchs), Teodoro Obiang Nguema Mbasogo, an 80-year-old who has been in power since 1979. November 2022 saw him re-elected with 94,9 percent of the votes for another term of seven years.
Opposition critics and human rights groups observe the disparity of wealth, the lingering poverty of the majority, and allege the muzzling of dissent with protests forbidden, opponents arrested and little press freedom.
Although small, the country’s strategic position on the Atlantic coast has attracted suitors including China seeking to install a military base allowing the Chinese navy a hub from which to conduct opererations deep into the Atlantic Ocean.
During the reporting period, there were no significant incidents affecting the right to religious freedom within the country. Several government ministers and the president continued to take part in Catholic feasts. The celebration of Catholic Mass continues to be a regular feature at major ceremonial services, such as National Day on the 12th of October and the President’s birthday on the 5th of June. Muslims celebrated the month of Ramadan publicly on the 13th of May; however, at this time they could not gather to pray due to a prolonged COVID-19 restriction.
Prospects for freedom of religion
According to human rights organisations, Equatorial Guinea is plagued by poverty, corruption, and repression. The president of the country, Obiang Nguema, has been in power since 1979, making him Africa's longest serving leader. Notwithstanding these human rights challenges, there were no significant violations of religious freedom reported in the period under review. The situation remained stable, a trend that is likely to continue.
Equatorial Guinea