Gender Equality in Equatorial Guinea

Equatorial_Guinea
Flag of Equatorial_Guinea
Population (in Mil.)	0,5
Sex Ratio (m/f)	0,96
Life Expectancy Ratio (f/m)	1,02
Fertility Rate	5.9
Income Ratio (f/m)	0,43
Literacy Ratio (f/m)	0,86
Tertiary Enrolment Ratio (f/m)	0,43
Women in Parliament (in %)	18
SIGI Rank	68
Source: GID Data Base (2008) More information on variables
Did you know that Equatorial_Guinea ranks number 68 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Equatorial_Guinea" at genderindex.org:

Although the Constitution provides for equal rights, women are largely confined by customs and traditional roles, particularly in agriculture. Women continue to be relegated to an inferior position and discriminated against. Equatorial Guinea is based on a dual legal system of civil law and customary law, which poses a problem for the advancement of women inside the society. Polygamy and lack of educational opportunity contribute to women’s secondary status. Despite some progress in eliminating discriminations against women, there is still much to be done. National legislation contains no discriminatory provisions but these laws are not applied or enforced and women continue to be deprived of their rights. Women have a predominant role in the agricultural workforce (81.47%) but their work is not really rewarded.

Family Code

Currently, a law regarding Family Code is still in the drafting stage. The government is also discussing a law regulating customary marriages. In practice, customary law is considered to have the same status as written law. For an estimated 90 percent of women, tradition dictates that if a marriage is dissolved, the wife (or her father or brother) must return the dowry given to her family by the bridegroom at the time of marriage. In many instances, the woman has no money or property after the divorce with which to repay the dowry and, as a result, is incarcerated. A decree forbids this practice but has yet to be implemented.

Concerning early marriage, an estimated 26.3% of women aged between 15 and 19 years are currently married, divorced or widowed. The legal minimum age for civil marriage is 18 years. However, there are no age restrictions in respect of customary marriages. Parents traditionally arrange marriages without the consent of the two future spouses. Pregnancy among young girls is also a serious problem in the country. Early marriages and early pregnancies are reported to be one of the main reasons for the very low school attendance rate for girls. Polygamy is widespread, particularly among the Fang ethnic group. It is an integral part of the customary system and is not considered as illegal by the State.

With regards to parental authority, some ethnic groups consider the children of a married woman to belong to her husband’s tribe. In all ethnic groups, a divorced woman is obliged by customary law to take care of the children until they are seven years old. In civil or religious marriages, the spouses have theoretically the same rights and responsibilities regarding guardianship. In customary marriage, the husband has all rights.

There is no legal gender-based discrimination in matters related to inheritance. However, there is discrimination in traditional practices. Because women become members of their husband’s family upon marriage, they are usually not seen as rightful heirs.

Physical Integrity

Female genital mutilation is reportedly not practiced in Equatorial Guinea.

Violence against women, including spousal abuse, is illegal but the government has not enforced the law effectively. The traditional perception that women were sold to men by their families, and therefore were property to be controlled by whatever means necessary short of death, is widespread. Societal violence against women, particularly wife beating, is common. The public beating of wives is forbidden by government decree, but violence at home is generally tolerated. The government does not prosecute perpetrators of domestic violence. Rape is illegal, but spousal rape is not specified in the law. Again, the law is poorly enforced. Further, the reporting of rape is considered shameful to the families involved.

Civil Liberties

With regards to freedom of movement, women are no longer required to obtain permission from their husbands if they wish to travel, especially for trips abroad. However it is understood in practice that the consent of both spouses must be obtained before wives travel or change their place of residence “to ensure the marital harmony”.

There is no reported limitation to the women’s freedom of dress.

Ownership Rights

There is no legal discrimination against women in the area of land ownership, but the de facto situation clearly reveals structural discrimination. The same is true with regards to women’s access to bank loans.

Concerning access to property, women have the legal right to right to buy and sell property and goods, but in practice the male-dominated society permits few women access to sufficient funds to engage in more than very small-scale trading or to purchase real property beyond a garden plot or modest home.

Sources

• AFROL GENDER PROFILE, Equatorial Guinea, Available : http://www.afrol.com/Categories/Women/profiles/equatorialguinea_women.htm
• CEDAW (1995), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; second and third periodic reports of States parties – Equatorial Guinea, CEDAW/C/GNQ/2-3, Committee on the Elimination of Discrimination Against Women.
• CEDAW (2004), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; Combined fourth and fifth reports of States parties – Equatorial Guinea, CEDAW/C/GNQ/2-3, Committee on the Elimination of Discrimination Against Women
• CEDAW (2004), Responses to the list of issues and questions for considerations of the combined second, third, fourth and fifth reports– Equatorial Guinea, CEDAW/PSWG/2004/II/CRP.2/Add.2, Committee on the Elimination of Discrimination Against Women
• CEDAW (2004), Summary record of the 651sth meeting, CEDAW/C/SR.651, Committee on the Elimination of Discrimination Against Women.
• CEDAW (2004), Summary record of the 652nd meeting, CEDAW/C/SR.652, Committee on the Elimination of Discrimination Against Women.
• IPU (2007), Legislation and other national provisions on FGM, Web : http://www.ipu.org/wmn-e/fgm-prov.htm
• UN (2003), Integration of the Human Rights of Women and the Gender Perspective, Violence against Women ». Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhila Coomaraswamy, submitted in accordance with commision on Human Rights resolution
• UN (2004), World Fertility Report, Department of Economic and Social Affairs, Population Division. New York : UN.
• UN (2006), World Population Prospects, Population data base, United Nations Population division , New York: UN.
• US. DEPARTMENT OF STATE (2001,2006), Country Reports on Human Rights Practices, Equatorial Guinea, Bureau of Democracy, Human Rights and Labor
• US. DEPARTMENT OF STATE (2006), International Religious Freedom Report, Equatorial Guinea, Bureau of Democracy, Human Rights and Labor.