Juvenile Laws at Equatorial Guinea
Equatorial Guinea's juvenile justice system faces significant challenges, including the absence of specialized juvenile courts and a lack of clear legal frameworks protecting minors' rights within the justice system.
Key Aspects of Juvenile Justice in Equatorial Guinea:
Absence of Juvenile Courts: While Decree-Law No. 4/1980 refers to the Tribunal Tutelar de Menores (Minors' Court), established under Spanish law, there is no evidence that this court functions in practice. Consequently, minors aged 16 and above who commit offenses are typically tried in adult courts and may be detained alongside adults, exposing them to potential mistreatment and inadequate conditions.
Lack of Legal Framework and Child Protection Systems: Despite ratifying international conventions like the Convention on the Rights of the Child (CRC) in 1995 and the African Charter on the Rights of the Child in 2002, Equatorial Guinea has not established a formal child protection system. The Comité Nacional del Derechos del Niño (National Committee for the Rights of the Child), created in 1997, has not effectively implemented protective measures or legislation, leading to gaps in safeguarding minors' rights.
Integration of International Conventions into Domestic Law: Although Equatorial Guinea is a party to international agreements protecting children's rights, there is no clear documentation of their incorporation into domestic law. This lack of integration raises questions about the enforceability of these rights within the national legal system.
Detention Conditions and Arbitrary Arrests: In 2022, the government initiated a "Cleaning Operation" targeting youth gangs, resulting in the arbitrary arrest and detention of numerous young men, including minors. Reports indicate overcrowded detention facilities with inadequate access to basic services, highlighting the urgent need for reforms to protect minors within the justice system.
Corporal Punishment: Corporal punishment remains legal in various settings, including the home, alternative care, schools, and penal institutions. Articles 154 and 268 of the Civil Code of 1889 permit parents and guardians to administer "reasonable and moderate" correction, contributing to its continued practice. Efforts to reform these laws have been discussed but have not yet resulted in comprehensive prohibition.
Recent Initiatives and International Support:
International organizations, such as the European Union, have provided support to strengthen Equatorial Guinea's judicial institutions. Projects aim to promote legal security, improve training for justice system personnel, and enhance the relationship between the administration of justice and its users.
Conclusion:
Equatorial Guinea's juvenile justice system requires significant reforms to align with international standards and protect minors' rights. Establishing specialized juvenile courts, integrating international conventions into domestic law, improving detention conditions, and prohibiting corporal punishment are critical steps toward ensuring justice and protection for minors in the country.
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