Equatorial Guinea is a small country located on the Gulf of Guinea coast of Central Africa and is bordered with Cameroon and Gabon. The country also has a few islands, with the largest being off the coast of Cameroon called Bioko and having the country’s capital city Malabo on it, there is a new capital city called Ciudad de la Paz being built deeper into Equatorial Guinea’s continental land. Equatorial Guinea’s continental land is called Rio Muni.
It is speculated that the mainland was originally inhabited by Pygmies before Bantu peoples begun migrating to the area. Portuguese explorer Fernando Po is credited as the first European to discover island of Bioko which at the time was named after the explorer, that island and also Annobon were colonized by Portugal. In 1778 Portugal ceded Bioko and adjacent islets to the Spanish as well as rights to some continental land. Spain with the support of British merchants used the island for slave-hunting. From 1827 to 1843 the Spanish leased a base at Malabo, Bioko to the British. Attempts to sell the colony to the British in 1841 was frustrated by public opinion and opposition in the Spanish parliament.
The British restored the island to Spanish sovereignty in 1844 and in 1900 the Spanish obtained the continental mainland territory of Rio Muni from the French via a treaty, despite already believing they had been given the rights to such land in the 1778 treaty from Portugal but failed to act on it, allowing the French to move in. The Spanish also believed the territory they were given via the Paris Treaty was also far smaller than what was promised in 1778. From 1926 to 1959 Bioko and the other islands were united with Rio Muni (the mainland) and called Spanish Guinea.
Unrest reached Rio Muni during the Spanish Civil War with a Popular Front established working against the plantation elites in Bioko, a Nationalist Front eventually defeated the Popular Front and executed its leaders and the Spanish exerted further control over Rio Muni. Nationalists movements for the independence of Equatorial Guinea picked up in the 1960s. The Spanish eventually stepped up efforts to develop the colony for the inevitable independence which many other African Countries had been granted by this point. In late 1963 the colony was given a degree of autonomy but pressure came from the UN, including ordering its independence in a General Assembly in 1965.
The country finally gained independence in October 1968 but only one free and fair election was ever held. After this the first President Macias moved the country deeper into totalitarian control and commit mass human rights abuses, such as outlawing opposition political parties in 1970 and making himself President for life in 1972. During the Cold War Macias maintained close relations with Communists states and the USSR despite Macias’ condemnation of Marxism, perhaps due to having cut off ties with the West.
In 1979 Macias was deposed in a bloody coup by his nephew Teodoro Obiang and there was two weeks of civil war until Macias was captured and executed, there was then 3-years of military rule before Obiang took full power. Obiang was seen as less abusive to human rights than Macias but still an authoritarian leader, making some small progress towards democracy including allowing some political parties but still heavily flawed. Obiang remains President to this day.
The largest ethnic group in Equatorial Guinea are the Fang people and the official languages are Spanish, Portuguese and French and other recognised/regional languages include Fang, Bube, Combe, Pidgin English, Annobonese and Igbo. The currency used is the Central African franc also used by the Central African Republic, Cameroon, Chad, Republic of the Congo and Gabon. The country’s population is just over 1,402,000.
Government Type
The system is a presidential Republic with their being a President and Prime Minister. The President is seen as both Head of State and Head of Government despite their being a Prime Minister, although a Prime Minister does not have to be appointed and their powers are delegated by the President and powers given to the Prime Minister via the Constitution are limited. Political parties are allowed according to the country’s constitution but they cannot be based on tribe, ethnicity, region, district, municipality, province, gender, religion, social condition, profession or occupation. Media is state owned and operated.
There is a bicameral parliament that includes the lower but primary Chamber of Deputies and the upper Senate, making up the legislative government.
Thus far the country has only ever been ruled by two parties, formerly Macias’ Worker’s Party and currently Obiang’s Democratic Party of Equatorial Guinea since it was established in 1982. Currently the President’s Party holds all but one seat in the entirety of the Parliament since the most recent elections.
The Executive Government
As said the President is both Head of State and Head of Government and has vast powers given to the position by the constitution. The President represents the country abroad in international affairs and foreign policy and also directs the policy of the nation.
Vice-President
The President is also assisted by a Vice-President and the President can choose to delegate powers and duties to them. The Vice-President is appointed by the President from his/her party and the appointment is then ratified by simple majority vote of all the members of both chambers of parliament brought together in a single extraordinary session convoked by the President. The current Vice President is the son of President Obiang, which shows nepotism and dynasty rule, looked down upon by modern democratic systems of government. The President can dismiss the Vice-President.
Presidential Vacancy
Functions of the President cease via resignation, expiry of mandate, permanent physical or mental incapacity or death. If vacancy is due to resignation, incapacity or death then the Vice-President will become President and finish the remainder of the mandate.
If both the President and Vice-President is vacant then the President of the Senate shall become interim President and will call Presidential Elections within 90-days and the interim President cannot run as a candidate. The Interim President also cannot change the Constitution or dissolve an organ of State.
Duties & Powers
After being elected the President will appoint members of the government administration/cabinet. The President exercises regulatory power in the Council of Ministers and convenes and presides over this Council and approves national development plans. The President sanctions and promulgates legislation passed by parliament and reserves the right to veto legislation under terms provided by Fundamental Law (the constitution). The President also ratifies decisions that regard to election and termination of Presidents and other members of their respective Boards within the parliament and regulation of both chambers.
The President can declare war and conclude peace. The President appoints and dismisses the high civil and military officials and can delegate the power to appoint other civil and military officials to the Vice-President or Prime Minister.
The President negotiates and signs international treaties in accordance with the Fundamental Law. Receives and accredits ambassadors. Confers titles, honours and decorations of the state.
The President has the right of pardon. The President convokes general elections and referendums.
The President exercises any other attributions prerogatives conferred to him/her by the law.
For the purposes of territorial integrity and public order, all of the National Armed Forces, Security Forces of the State and Public Order Forces depend entirely on all effects to the President.
Presidential Advisory
The Council of the Republic is an advisory organ to the President of the Republic. The council includes nine members that are elected among the Ex-Presidents of the Republic, Ex-Vice Presidents of the Republic and Ex-Presidents of the Chamber of Deputies and Senate as well as the Ex-Presidents of the Supreme Court of Justice and Constitutional Tribunal, as well as any other notable people who by proven honesty or merit deserve such designation. The members are then appointed by the President of the Republic for a term of 5-years.
Ex-Presidents of the Republic will be ex-officio members of the Council of the Republic for life.
The Council of the Republic will have a President, which according to the constitution is preferably an Ex-President, and also have a Vice-President, Secretary and Spokesman.
The Council of the Republic advises the President of the Republic on matters of defense and safeguarding of the constitution and supreme values of the State; maintenance of external and internal security; defense and maintenance of national unity, territorial integrity, and sovereignty of the State; defense and values of the native cultures, the Bantu and African identity, and universal civilization; defense and maintenance of rule of law and the democratic system and other questions submitted to it.
Judicial Duties
The President of the Republic and six members appointed by him/her for 5-years make up the Superior Council of the Judicial Power.
The President of the Supreme Court of Justice and its magistrates are appointed by the President of the Republic.
The Attorney-General of the Republic and the Adjunct General Attorneys are appointed by the President of the Republic.
The Constitutional Tribunal is made up of the President of the Constitutional Tribunal appointed by the President of the Republic, the other four members are appointed by the President of the Republic, two on proposal of the Chamber of Deputies and the other two on proposal of the Senate, they serve 7-year-terms. The President and members of the Constitutional Tribunal cannot also be members of Government, or any Judicial Power or other Public Office.
The President of the Republic, the Vice-President of the Republic, Prime Minister and the Attorney-General of the Republic can bring forth recourses of unconstitutionality. A three-fourth majority of the members Chamber of Deputies and Senate can also do the same. Also any natural persons or successors with a legitimate interest can also file a recourse.
Emergency Provisions
The President can declare a State of Exception of Siege in the event of imminent danger allowing the President to suspend rights and guarantees from the constitution for a maximum of three months which can be extended if needed. These emergency provisions also allow the President further exceptional powers to deal with the situation.
The Parliament is meant to be informed of such a decision and the proclamation is meant to expressly determine the effects of it and the territorial scope to which its duration is extended. Law regulates the emergency provisions and parliament cannot be dissolved while they are active.
Council of Ministers
The Council of Ministers exercises the political and administrative function and the general policy of the Nation, determined by the President of the Republic. The Council also ensures the application of laws and will assist the President in political and administrative matters.
Ministers are in-charge of a government department and their direction, administration and management are trusted to the Minister appointed.
The Council also organizes and executes the general policy of economic, social, cultural and scientific activities. Proposes the socio-economic development plans of the State and will see its execution after it is approved by the Chamber of Deputies (lower house of parliament), Senate (upper house) and signed by the President of the Republic and elaborate the project of the General Budget of the State and see to its execution once approved by the Chamber of Deputies and signed by the President.
The Council also adopts the monetary policy and will take measures to protect and strengthen the monetary and financial regime of the State. Will elaborate the projects of laws and submit them to parliament for approval. The Council of Ministers directs the administration of the State and coordinates and supervises the activities of the different Departments. Also sees to the execution of laws and other provisions of general character that integrate the Judicial Order of the Nation.
The Council of Ministers can grant territorial asylum.
Members of Government include the Vice-President of the Republic, the Prime Minister, any Vice-Prime Ministers, Ministers, Vice-Ministers, Ministers of State, Delegated Ministers and Secretaries of State. All of these members are collectively responsible for their actions according to the constitution.
Prime Minister
The President can appoint a Prime Minister from among members of Government to be in charge of administrative coordination, the presentation of laws as well as other provisions of the Executive before Parliament and other functions delegated to the Prime Minister.
The Legislative Government
Function and Basic Duties
The legislative government is made up of a bicameral parliament that consists of the Chamber of Deputies which is the lower chamber and the Senate which is the upper chamber. Both chambers main job is to work to formulate legislation and debate and either pass or reject legislation. The General Budget of the State that is presented by the Government is to be passed by both chambers, an extraordinary session may be called if needed and if the Budget still is unable to pass then the Budgetary Law is definitively established by the President of the Republic.
Currently the Chamber of Deputies has a set 100 members (all but one held by the President’s Party since the latest election) and the Senate has a set 70 members (all held by the President’s Party since the latest election/appointments).
Legislation can be introduced to a chamber by their respective members or by the President of the Republic through the Council of Ministers.
After election both chambers elect their Presidents and other members of respective Boards. These Boards establish the agenda of the day of the Sessions of the Chamber of Deputies and the Senate.
Sessions of parliament are open to the public unless closed by petition of the Government or by a vote of at least three-fourths of the members of the respective chamber.
Chamber of Deputies Exclusive Duties
The Chamber of Deputies also give approval to peace treaties, commercial treaties, treaties that affect National Sovereignty and territorial integrity and all treaties that reserve to matters of legal reserve, they are then if approved, ratified by the President of the Republic.
During interim of Sessions the Chamber of Deputy authorizes the President of the Republic to issue decree-laws concerning matters of legal reserve. The Government will inform the Chamber of Deputies and the Senate of such decree-laws.
Interpret to the members of Government matters that come under its competency and have them appear before the Chamber on matters to do with general policy or specific matter under its responsibility.
Can appoint commissions for the purpose of investigating matters in the public interest, having free access to all Departments of the Administration except for secrets of the State.
The Senate
Unlike members of the Chamber of Deputies, members of the Senate can also be allocated to local corporations. Ex-Presidents of the Republic, Ex-Vice-Presidents of the Republic and Ex-Presidents of the Chamber of Deputies and Senate are ex-officio members of the Senate with all rights, prerogatives and immunities.
The Senate adopts the 2nd readings of projects of laws and other provisions submitted to it by the Chamber of Deputies. Also accepts or rejects the President of the Republic’s resignation.
The Electoral System
Presidential elections happen every 7-years and uses a first-past-the-post system where only a simple majority of the popular vote is required to be elected. The constitution says there is a limit of two consecutive terms (14 years) but it remains to be seen if Obiang will follow this through. After waiting a term, a person who has served two consecutive terms previously can run again. It could be this change is recent and thus “reset” Obiang’s term limit.
Candidates for President must be a citizen of Equatorial Guinea from birth, living in the country with citizenship for at least 5 consecutive years, able to interpret Fundamental Law, to have been elected in accordance with the Fundamental Law and other laws, be at least 40-years of age to not holding any other nationality.
Parliamentary elections happen every 5-years for both chambers. Members of the Chamber of Deputies are elected via a closed party-list proportional representation system from multi-seat constituencies. For the Senate 55 of its members are elected via a closed party-list proportional representation system from multi-seat constituencies and the other 15 members are appointed by the President. It is highly unusual that a genuine proportional representation system would have practically every seat held by a single party, reasons for this could be due to there being a lack of effective opposition due to constraints of the system, which may possibly be purposeful in effect for the benefit of the ruling party, as well as that voter suppression and intimidation can be other possible factors, among other things.
To vote in elections one must be a citizen of Equatorial Guinea and be at least 18-years-old.
Sources
The information for this post is from Equatorial Guinea’s 1991 constitution with amendments through to 2012 (constituteproject.org) and so should be as accurate as possible but as always there is a chance I may have misinterpreted some things or missed some things and the constitution can also be changed and so this post may eventually become outdated and so cross-research is always important if using this in a serious capacity.
The country’s constitution can be amended at proposal of the President of the Republic or proposed by a three-fourth majority in either chamber of parliament. To be adopted the amendment must get three-fourth majority in both the Chamber of Deputies and the Senate and if requested by the President of the Republic also approval by a national referendum.
Next up will be the government system of Eritrea.
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