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EQUATORIAL GUINEA PERIODIC UNIVERSAL EXAMINATION: Third Cycle 33Rd Session

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EQUATORIAL GUINEA PERIODIC UNIVERSAL EXAMINATION: Third Cycle 33Rd Session [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ INDIVIDUALS IN EQUATORIAL GUINEA TAB SUMMARY GOVERNMENTAL SOURCES 1. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Equatorial Guinea Country Reports on Human Rights Practices 2018 (Mar. 13, 2019), available at: https://www.state.gov/reports/2018-country-reports-on-human-rights- practices/equatorial-guinea/ • Human rights issues included reports of (…) crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex persons (…)(p. 2) • [S]ocietal stigmatization of and discrimination against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community was a problem. The government made no effort to combat this stigma and discrimination.” (p. 23) • “The government does not formally recognize the existence of LGBTI persons or groups. Its position is that such sexual orientations and gender identities are abnormal. There is no formal, legal protection for LGBTI persons or groups.” (p. 23) TAB SUMMARY • “Some LGBTI individuals were removed from government jobs and academia because of their sexual orientation.” (p. 23) • “LGBTI individuals often faced stigma from their families as well as from the government and employers. Families sometimes rejected youth and forced them to leave home, often resulting in them quitting school as well.” (p. 23) • “[T]here remain[s] stigma around persons with HIV/AIDS, and many individuals kept their illness hidden.” (p. 23-24) 2. Bureau of Democracy, Human Rights, and Labor, U.S. Dep’t of State, Equatorial Guinea Country Reports on Human Rights Practices 2017 (Apr. 20, 2018), available at https://www.state.gov/reports/2017-country-reports-on- human-rights-practices/equatorial-guinea/ • “In the 2012 Demographic and Health Survey, the most recent available, 38 percent of women and 42 percent of men surveyed reported holding discriminatory attitudes toward persons with HIV.” (p. 24) 3. Bureau of Democracy, Human Rights, and Labor, U.S. Dep’t of State, Equatorial Guinea Country Reports on Human Rights Practices 2015 (Apr. 13, 2016), available at https://2009- 2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper • “The official government position was that no LGBTI persons were present in the country and that such sexual orientation or gender identity was abnormal. Observers believed such stigma prevented the reporting of incidents of abuse. For example, in November 2014, when a military man saw a woman whom he liked holding hands with another woman, he shot and killed her on the street. Fearing government reluctance to punish the perpetrator, the victim’s family decided against filing charges, and no action was taken.” (p. 27) • In 2014 government media forced LGBTI persons to stand in front of the camera and explain their “wrong actions.” (p. 27) 4. Immigration and Refugee Board of Canada, Situation of sexual minorities, including treatment by society and authorities; recourse and state protection available to victims (Mar. 23, 2017) , available at: https://irb-cisr.gc.ca/en/country- information/rir/Pages/index.aspx?doc=456983 • “In their July 2014 article, Diario Rombe similarly indicates that Television station Asonga de Bata has been "exposing and laughing at several Guinean citizens regarding their sexual orientation" (Diario Rombe 9 July 2014). According to the article, TV Asonga reported that four youths were detained and accused of being homosexuals (Diario Rombe 9 July 2014). The Advocate, a US-based "gay magazine" (The Advocate n.d.), citing the Diario Rombe article and YouTube report, describes the Asonga television news report as showing four youths, 18 to 20 years of age, who were arrested in July 2014 for "practicing homosexuality" and who were "forced to explain on national television" why they had filmed a video of two of their group having sex TAB SUMMARY (The Advocate 14 Jul. 2014). Association France-Guinée Équatoriale (Assofrage) [1], based on Diario Rombe and Asonga TV information, reports that the four youths were detained [translation] "on the grounds" of being homosexuals after police found a video of "homosexual acts" on one of their phones, and that the four youths were questioned on camera by the TV station Asonga about the video (Assofrage 10 July 2014). Assofrage further reports that the four individuals incurred penalties because "Equatorial Guinea, like other African countries, continues to criminalize homosexuality and consider it a sexual deviance capable of endangering social order" (Assofrage 10 Jul. 2014).” (P. 3 -4) • “In an April 2014 article, Assofrage reports that a taxi driver was arrested by police in Equatorial Guinea "for homosexuality," as he was in his car with "a young transvestite", as shown in a report on television station Asonga (Assofrage 13 Apr. 2014). The same source indicates that in the Asonga report, the two men's faces are "clumsily" covered in the television report, and at several points, their features can be clearly seen (Assofrage 13 Apr. 2014). According to Assofrage, in the TV report, the young transvestite, while "interrogated by journalists", explains that he was with the taxi driver "so he can eat," and the taxi driver indicates that he agreed to paid sexual services; however, it was not clear whether the driver knew that "he was dealing with a young man wearing a wig" (Assofrage 13 Apr. 2014). A Diario Rombe article about the same incident states that "this is the reality of life in Equatorial Guinea and other African countries: homosexuals and transvestites are subjected to severe persecution" (Diario Rombe 7 Apr. 2014)” (P. 4) • “According to a report on sexual orientation and gender identity in countries around the world by the French Institute for International and Strategic Affairs (IRIS), a "French think tank on geopolitical and strategic issues" (IRIS n.d.), the legality of homosexuality in 13 countries, including Equatorial Guinea, [translation] "does not result from specific legislation but from a legal vacuum[,] …from the absence of legislation on the subject"” (P. 1-2) 5. Ministry of Foreign Affairs and Cooperation of Spain, Travel recommendations (Sept. 05, 2019) ) , available at: http://www.exteriores.gob.es/Portal/es/ServiciosAlCiudadano/SiViajasAlExtranjero/ Paginas/DetalleRecomendacion.aspx?IdP=78 • “Same-sex relationships: There is no specific legislation on the subject. However, there is a strong social rejection of homosexuality. [T]he practice of homosexual relations in public would be punishable by applying the figure of "public scandal" as set forth in the current Criminal Code. Legislation in the matter has recently been tightened after the approval of a Decree by the Government.” (P. 4) INTER-GOVERNMENTAL SOURCES 6. United Nations Human Rights Council, Summary of Stakeholders’ submissions on Equatorial Guinea - Report of the Office of the United Nations High Commissioner for Human Rights A/HRC/WG.6/33/GNQ/3, (Feb. 20, 2019), available at: https://documents-dds- ny.un.org/doc/UNDOC/GEN/G19/045/45/PDF/G1904545.pdf?OpenElement TAB SUMMARY • “JS2 also noted the testimony of 10 lesbian, gay, transgender, bisexual or intersex women who were allegedly the victims of physical, sexual and psychological abuse in prisons and, above all, in military and police training academies.” (p. 2) • “JS2 took note of the allegations concerning 30 cases of forced pregnancy among lesbian, gay, transgender, bisexual or intersex women documented in the cities of Malabo and Bata. As a consequence, the young mothers had high rates of depression and alcohol and drug dependence. It also reported physical assaults and arbitrary imprisonment.” (p. 2) • “JS2 noted that homosexuality, lesbianism and other forms of sexual diversity were considered a pathology in Equatorial Guinea, even by government institutions. The diagnosis and treatment of their “manifestations” were governed by a protocol involving distinct stages that clearly violated the dignity and rights of persons with a gender identity that did not fall within the socially established gender binary.” (p. 2) • “According to JS2, although there was no anti-homosexuality law, the illegal fine imposed in police stations for being homosexual apparently ranged between 50,000 and 150,000 francs (90 to 270 dollars).” (p. 2) • “JS1 indicated that persons living with HIV/AIDS resisted to access testing, counselling and antiretroviral treatment due to the high risk of stigmatization and marginalization.” (p. 2) 7. Human Rights Committee, Concluding Observations on Equatorial Guinea in the absence of its initial report, CCPR/C/GNQ/CO/1, (Aug. 22, 2019), available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symb olno=CCPR/C/GNQ/CO/1&Lang=Sp • “The Committee is concerned about the information received regarding acts of discrimination and stigmatization against lesbian, gay, bisexual, transgender and intersex persons and persons living with HIV/AIDS, and about the lack of action taken to ensure that persons with disabilities are not discriminated against in practice.” (p. 5) • “The Committee notes the legislative framework, including constitutional provisions that prohibit discrimination. Nevertheless,
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