HRDs arbitrarily arrested, prosecuted; internet shutdown in Annobon province

Association

The Equatoguinean Commission of Jurists, the civil society organisation Somos+ and SPDM’s requests for registration remain unanswered since their creation. According to information received by the CIVICUS Monitor, SPDM (“We Are Part of The World in Spanish”), the country's only LGBTQI+ rights organisation, has been operating since 2016 without official legal recognition, despite its longstanding efforts. The regime’s refusal to legalise independent civil society organisations like SPDM reflects a broader strategy by authorities of restrictive control of CSOs.

Ley 1/1999 - de Régimen de las Organizaciones No Gubernamentales (ONG's) – Law 1/1999 on the Regime of Non-Governmental Organisations (NGOs) prescribes a very cumbersome process for registration of NGOs, involving many administrative hurdles designed to discourage the registration of CSOs, particularly those working on issues considered sensitive topics for authorities such as good governance, human rights and equitable distribution of oil revenues. For example, Law 1/1999 requires a positive report from the line ministry (health, education, gender, etc.) which is generally either negative or not provided, stalling the registration.

Additionally, authorities continue using Law 1/1999 to impose financial restrictions on NGOs by limiting the ability of CSOs to receive funding from abroad.

In 2022, a new Criminal Code was promulgated, which introduced (in Chapter III, articles 221 to 224) the offence of ‘abusive exercise of fundamental rights’, seemingly targeting CSOs involved in the defence of human rights. More specifically, article 221, using vague language, criminalises:

• Expression: the publishing of news that, because of their “falseness and nature” undermines the dignity of the institutions or their representatives.
• Peaceful Assembly: protests with the purpose of committing any of the offences punishable under the law or in which crimes are committed during their celebration.
• Association: those that inspire and finance founders, directors, and members of illicit associations.

Arbitrary arrest, torture and prosecution of HRDs

On 1st August 2024, gendarmerie officers forcibly entered the residence of HRD Joaquín Elo Ayeto in Malabo and arrested him. At the gendarmerie station known as La Luna, the HRD was accused of carrying out illegal activities through his civil society platform Somos+, which authorities say is not registered. On 4th August 2024, Joaquín Elo Ayeto’s lawyer was detained at La Luna on accusations of representing an illegal organisation, and was released more than 48 hours later. The HRD was reportedly first transferred to Black Beach prison, and later, on 13th August 2024, transferred to Oveng Azem prison, where he is being held in pre-trial detention.

On 26th January 2024, security forces in plain clothes violently arrested Anacleto Micha Ndong, a human rights activist, lawyer and member of civic platform Guinea Ecuatorial también es nuestra (Equatorial Guinea is also ours), at his home in Malabo. The HRD was held for 33 days at a Malabo gendarmerie station, without knowing the charges against him. On 1st March 2024, Anacleto Micha Ndong was sent to the Malabo prison of Black Beach, still in pre-trial detention. The HRD is accused of outrage and calumny, criminal charges filed by a gendarme who works at Black Beach prison after Anacleto Micha Ndong started proceedings against the gendarme for allegedly torturing him during his previous detention at the Black Beach prison in 2023. The gendarme still worked at the prison facilities, raising serious concerns on the HRD’s safety.

The HRD is charged under articles 521 and 522 of the 2022 Criminal Code, which only entails a fine, not a prison sentence.

Since 23rd April 2024, the whereabouts of Anacleto Micha Ndong and five other dissidents who were held at Black Beach prison are unknown, as their lawyers and families were not granted visits and have been unable to see or speak to the detainees. It is feared that they were transferred to the maximum-security prison facility of Oveng Azem, located in the mainland of Equatorial Guinea, a notorious prison facility where several detainees have died, allegedly due to torture. Their whereabouts remain unknown at the time of writing.

On 12th January 2024, human rights activist Liberato Bielo Biacho, activist of the association Hijos de Bioko, was arrested - reportedly in relation to the dissemination of an audio file in a WhatsApp group in which he criticised the poor functioning of public institutions.

Various activists who were detained at Black Beach prison have disappeared since April 2024. These acts are allegedly perpetrated by the police and security services. Most of them have been convicted for criticising the government.

Expression

There is no real independent media in Equatorial Guinea. Media do not report on issues such as the detention of civil society activists. Human rights issues are only reported by private media if they were featured in the government-controlled public media.

Restrictive law on use of social media and cyberspace

On 17th April 2024, Equatorial Guinea’s Parliament approved the draft Law on Regulating the Use of Social Networks and Cyberspace, further restricting freedom of expression in the country. In its article 50, it criminalises the use of ICT which incites, instigates, provokes or promotes the commission of crimes, glorifies the crime or glorifies its perpetrator or participants, punishable with a prison sentence of three to five years and a fine of USD 16,000 to USD 160,000 if found guilty. Additionally, article 51 establishes that the publication of false news that incites hatred or endangers national security or economic stability will be punished with a prison sentence of between 10 and 25 years, and a fine of USD 160,000 to USD 821,000.

The draft law awaiting Senate approval has raised significant concerns among civil society activists, particularly regarding the surveillance of conversations and messages.

A member of the Equatoguinean Jurists Commission has unsuccessfully attempted to obtain a copy of the draft document, underscoring the lack of transparency in the legislative process.

Internet shutdown in Annobón province

On 13th August 2024, the #KeepItOn coalition, a coalition of civil society organisations to fight internet shutdowns, issued a statement denouncing reports indicating an internet and mobile communication shutdown in the province and island of Annobón, following environmental protests.

Internet and cellular networks were reportedly shut down on 20th July 2024, following reports that security forces had conducted arrests and seized mobile phones in response to a peaceful demonstration in San Antonio de Palé. Dozens of people reportedly protested against the harmful impact of the use of dynamite explosives in mining operations (see under Peaceful Assembly). On 2nd August 2024, authorities allegedly banned the sale and use of unauthorised internet satellite services and equipment. Additionally, on 5th August 2024, authorities ordered satellite internet provider Starlink to suspend its services for all kits located in the country and to seek a licence.

Peaceful Assembly

Environmental protesters arrested, charged

According to news sources, who quoted national public broadcaster TVGE, a group of 37 people were detained for protesting the use of dynamite explosives in mining operations and “demanding independence of the Annobón island” in July 2024. They were brought before an examining magistrate in Malabo and were reportedly charged with “slander and defamation, abuse of fundamental rights and undermining the constitutional order”.

The protests reportedly began after 16 individuals were arrested for signing onto a letter to President Teodoro Obiang Nguema Mbasogo expressing their concerns about the deterioration of the ecosystem and demanding the end of the use of dynamite on the island. The protests were reportedly met with arrests, threats to open fire on the protesters and soldiers beating residents.

Authorities in Equatorial Guinea regularly use public order as a ground to ban protests.