Equatorial Guinea (CCPR 22-08-2019)
1. In the absence of a report by the State party, the Human Rights Committee considered the situation of civil and political rights under the International Covenant on Civil and Political Rights in Equatorial Guinea at its 3,623rd and 3,624th meetings (CCPR/C/SR.3623 and CCPR/C/SR.3624), held in a public session on 10 and 11 July 2019. In accordance with rule 71 (1) of the Committee’s rules of procedure, the failure of a State party to submit its report under article 40 of the Covenant may lead to an examination in a public session of the measures taken by the State party to give effect to the rights recognized in the Covenant and to adopt concluding observations.
2. At its 3,638th and 3,641st meetings, held on 22 and 23 July 2019, the Committee adopted the present concluding observations.
C. Principal matters of concern and recommendations
- The Committee notes the legislative framework, including constitutional provisions that prohibit discrimination. Nevertheless, it regrets the absence of legislation defining and prohibiting direct and indirect discrimination, and covering all prohibited grounds for discrimination enumerated in articles 2 and 26 of the Covenant, in particular sexual orientation, gender identity and disability. It further regrets the lack of information regarding a legislative framework offering effective remedies for victims of discrimination. 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 (arts. 2 and 26).
- The State party should take the necessary measures to:
(a) Enact comprehensive legislation providing full and effective protection against multiple discrimination, both direct and indirect, in all spheres and on all grounds enumerated in the Covenant;
(b) Provide access to effective and appropriate remedies for all victims of discrimination;
(c) Effectively protect lesbian, gay, bisexual, transgender and intersex persons, persons living with HIV/AIDS and persons with disabilities, and safeguard their fundamental rights, while ensuring that all cases of discrimination are duly addressed;
(d) Conduct wide-ranging education and awareness-raising campaigns that promote equality, tolerance and respect for diversity.