Equatorial Guinea - Government
In discussing this African country one must take as a point of departure the long tradition of tyranny in this country. The rule of law is the exception not the rule. Although much has been said and done by members of the international community to promote responsible and accountable government, the dictatorship identified with Marcia Nguema in the first two decades since independence has not changed. His successors have perpetrated the same kind of tyranny.
The Administration of Equatorial Guinea, formed under the provisions of the Basic Law of December l963, operated through a legislature, the General Assembly, and an executive body, the Governing Council. The General Assembly has l8 members', half of them are elected by the Municipal Councils (Deputaciones Provinciales) and the other half by corporative bodies. The Governing Council consisted of a president and eight members, four from Fernando Po and four from Rio Muni. Representatives of the General Assembly and Governing Council were elected for 4-year terms. A Civil Governor for each of the territories served as the Council's representative and coordinator in the territory. The Government of Spain was represented by a Commissioner General.
Equatorial Guinea's 1991 constitution was amended in 1995. The president has extensive powers, including naming and dismissing cabinet members and judges, making laws by decree, dissolving the Chamber of People's Representatives, negotiating and ratifying treaties, and calling legislative elections. The president is commander in chief of the armed forces and maintains close supervision of military activity. The prime minister is appointed by the president and operates under powers designated by the president. The prime minister coordinates government activities.
In June 2004, President Obiang reorganized the cabinet and created two new positions: Minister of National Security and Director of National Forces. In July 2008, the government appointed a new cabinet, including a new Prime Minister. Additional, though minor, changes to the cabinet were made in February 2010 following the 2009 presidential election results.
The Chamber of People's Representatives is comprised of 100 members elected by direct suffrage for 5-year terms. In practice, the Chamber has not demonstrated independence, and it rarely acts without presidential approval or direction.
The president appoints the governors of the seven provinces. Each province is divided administratively into districts and municipalities. The internal administrative system falls under the Ministry of Interior and Territorial Administration; several other ministries are represented at the provincial and district levels.
The judicial system follows similar administrative levels. At the top are the president and his judicial advisors (the Supreme Court). In descending rank are the appeals courts, chief judges for the divisions, and local magistrates. Tribal laws and customs are honored in the formal court system when not in conflict with national law. The court system, which often uses customary law, is a combination of traditional, civil, and military justice, and it operates in an ad hoc manner for lack of established procedures and experienced judicial personnel.
There is no independent judiciary in Equatorial Guinea. Judges are handpicked and appointed by President Obiang, the First Magistrate of the Nation, with no meaningful oversight by Parliament. The government rules by decrees that are not published in an official gazette or bulletin for public display or knowledge. Even justices on the Supreme Court have a hard time accessing legal archives and current legislation. In rural areas tribal elders adjudicated civil claims and minor criminal matters in traditional courts. These adjudications were conducted according to customary law and did not afford the same rights and privileges as the formal system. Persons dissatisfied with traditional judgments could appeal to the civil court system.
The law provides for the right to a fair hearing in court, but an independent judiciary generally did not enforce this right. The law provides for the presumption of innocence, and defendants have the right to be informed promptly and in detail of charges against them and to have adequate time and facilities to prepare a defense. The courts did not respect these rights. Defendants have the right to a public trial without undue delay, and most trials for ordinary crimes were public. Defendants do not have the right to free interpretation. The law does not provide for trial by jury. The law provides for defendants to confront and question witnesses and present their own witnesses and evidence. Courts seldom enforced this right. The accused has the right to appeal. The law extends these rights equally to all citizens, but authorities did not respect the law.
The other official branch of the government is the State Council. The State Council's main function is to serve as caretaker in case of death or physical incapacity of the president. It comprises the following ex officio members: the President of the Republic, the Prime Minister, the Minister of Defense, the President of the national assembly, and the Chairman of the Social and Economic Council.
On November 13, 2011, Equatorial Guinea held a referendum on proposed constitutional changes. Official reports state that 91% of the electorate participated and that the proposals garnered 97.7% support. The major reform of the Constitution providing, inter alia, the establishment of new institutions: Senate, Chamber of Deputies, Ombudsman, Court of Auditors, Council of the Republic, National Council for social development, Vice President of the Republic etc. The referendum included proposals to change how many terms a President can be in office and to remove the existing limit on the age of anyone in office as President. That limit was part of article 33 of the Constitution, which stated that the President must be 40 to 75 years old. An additional proposal was to create the office of Vice-President, to be filled by appointment by the President.
The reform of the Constitution had only one goal: it was designed by the president for that it can be replaced by his son, who was already considered the second man in the country. Critics charge that these changes are designed to further increase the power of the incumbent, President Teodoro Obiang Nguema Mbasogo, in part by permitting him to essentially hand-pick his successor through the appointment of a Vice-President. In addition, the vote itself has been described as a “fraud”; both EG Justice and Human Rights Watch have reported ballot stuffing and voter intimidation through such means as the stationing of armed security personnel inside polling places and threats against voting monitors from members of the opposition. EG Justice describes itself as “an independent voice for reform in Equatorial Guinea,” and states that its mission is to “to promote human rights, the rule of law, transparency, and civic participation to build a just Equatorial Guinea.”
The President of the Republic is the Head of State and Government and the embodiment of national unity, representing the nation and exercising executive power by defining national policy. The President is elected by universal, direct and secret suffrage, on the basis of a simple majority of valid votes, for a term of seven years, with the possibility of re-election, and promulgates laws passed by the House of People’s Representatives. In the exercise of political and administrative duties, the President presides over the Council of Ministers, which is made up of the Prime Minister and other members of the Government.
The Council of Ministers is the body that directs and implements the country’s general policy, ensures the implementation of the law and permanently assists the Head of State in political and administrative matters. It puts forward the State’s social and economic development plans, the implementation of which, once they are approved by the Chamber of Deputies and the Senate and endorsed by the President, it organizes, directs and monitors. It draws up the General State Budget Bill, determines monetary policy, adopts measures to protect and strengthen the country’s monetary and financial regime, drafts other bills and directs the State administration, coordinating and overseeing the activities of the various departments of State.
The State’s commitment to the development and protection of human rights has been in the process of consolidation for a number of years, with the appointment and confirmation of a deputy prime minister in charge of human rights and a deputy prime minister in charge of the social sector, the creation of the National Human Rights Commission, which is moving imperatively towards conformity with the Paris Principles, the establishment of the Parliamentary Commission for Complaints and Petitions and, lastly, the appointment of the Ombudsman.
EG is less a rogue state than it is a rudimentary one. Its institutions, those stem cells of democracy, have been stunted by its short, troubled history. Upon assuming leadership Obiang forcefully consolidated power within his party, the "Partido Democratico de Guinea Ecuatorial" (PDGE). As oil wealth arrived, and the party (cloaked as the government) made good on political promises, began to fulfill development plans and brought progress to much of the country's doorstep.
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