LGBTQ rights in Equatorial Guinea

Although there are no laws against homosexuality in Equatorial Guinea, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) report "there is evidence that State intimidation of sexually diverse individuals persists." The criminal code in force in Equatorial Guinea is a revision of the Spanish Criminal Code that dates back to the Francoist era and is said to post-colonially carry anti-homophobic undertones that influence those perception today.^[2][3] The age of consent is set at 18, regardless of gender and/or sexual orientation.

Although there is not a law explicitly criminalizing homosexuality, LGBTQ+ people are still detained and punished through public shaming. In 2014, four men were detained and accused of being gay. On one of their phones, the police found a video of two of the men engaging in sexual activity together. The group was arrested and made to explain their actions on national television.^[4] One woman recounted in an interview how a lesbian couple in Añisok were detained and publicly shamed; the couple were displayed through the town with banners saying they were witchcraft-practicing lesbians. Photos were taken and distributed around town. The women were tied to the police station.^[5]

In August 2023, police illegally detained Trifonia Melibea Obono, founder of the LGBTQ+ organization Somos Parte del Mundo [es] (English: We Are Part of the World). Her detainment was after the organization gave their report "Torture, Cruel, Inhuman and Degrading Treatment against LGTBQI+ people in Equatorial Guinea" to the European Union headquarters in Madrid, Spain. Since the report was submitted, arrests and restrictions on LGBTQ+ people have risen significantly.^[6]

Same-sex couples have no legal recognition.

Since November 15, 2022, Article 364(2) of the new Penal Code prohibits employment discrimination against any person on the basis of their sexual orientation.^[1]

Furthermore, Law 1/2016 on the Protection of Personal Data establishes, in Articles 10 and 41, the protection of personal data related to "sexual life" that entails discrimination.^[7]

As a society, Equatorial Guinea sees homosexuality as a pathology. Somos Parte del Mundo has been documenting cases of human rights violations against LGBTQ+ people since 2016. The U.S. Department of State's 2021 Human Rights Report found that "No laws criminalize consensual same-sex sexual conduct between adults, but societal stigmatization of and discrimination against the LGBTQI+ community was a problem. The government made no effort to combat this stigma and discrimination." Somos Parte del Mundo and another organization called Somos+ (English name: We Are More) submitted requests in 2016 and 2018 respectively yet have remained unregistered.^[8][9]

LGBTQ+ people face discrimination in education and employment. School officials have reportedly denied transgender students access to some facilities. Teachers have also reportedly discrimated against and excluded LGBTQ+ girls. Family can be an educational barrier because LGBTQ+ children are often forced out of their homes. This often causes them to drop out of school. Academics and government employees can be ousted if they are perceived as not being heterosexual.^[8]

Minors are sexually exploited for commercial sex; transgender children are especially vulnerable according to a local non-governmental organization. LGBTQ+ women and transgender men are vulnerable to sexual violence in the military and from family. Rape is sometimes used as a form of conversion therapy. Queer women are forcibly impregnated in an attempt to make them heterosexual. Transgender women have reported experiencing harassment and sexual violence while in police custody. Laws against rape are not effectively enforced since the crime is rarely reported. If a reported perpetrator has political connections or is a member of the police or military, police and judicial officials may choose not to take action. There are reports of security forces subjecting LGBTQ+ people to sexual violence and discrimination in the military, jails, and prison.^[8]

• Human rights in Equatorial Guinea
• LGBTQ rights in Africa