This country is placed in Band F

Recommendations Unavailable

Policy recommendations not available for this country's assessment

Leadership 30
01.
score
0

Is there formal provision for effective and independent legislative scrutiny of defence policy?

Researcher4130: There is no legal framework in place that provides for oversight of the defence sector. Equatorial Guinea’s 2012 Constitution established a bicameral Parliament for the first time and elections were held in May 2013. Currently, the ruling party PDGE (which was established by the current President) controls 99% of the seats.

There are indications that the President and ruling party control the judicial system, administration and electoral process: the Constitution provides wide powers to the President that undermines the independence of the judiciary, the legislative and horizontal accountability institutions. For example, article 92 of the Constitution designates the President as the First Magistrate of the Nation. Article 84.2 grants the President the authority to freely name senators and the Election Regulatory Law 07/2012 articles 191.1 and 191. 2 further regulates by allowing the President to name 15 innate senators. Despite the constitutional and regulatory provisions the President has named 20 senators, including his son as the Second Vice-President for defence and State Security.

The law does not require the President to name Senators based on merit. Furthermore, according to the sources interviewed the President appoints Senators from his inner circle within his party (PDGE). He has wide discretionary powers, and he has gone beyond the constitutional prerogative by naming 20 senators through presidential decrees instead of the 15 allowed by law. According to the information consulted in the government website and looking at the presidential decrees there are more Senators than the 70 stipulated by law.

The Constitution does not specifically provide a mandate for Parliament to approve or veto laws on security, review or approve major arms procurements and decisions or exercise budgetary power, and given that Parliament´s Rules of procedure are not easily accessible and there is no evidence on this. Article 81 c) gives power to the Chamber of Deputies to call Ministries to a hearing to explain a general public policy on a specific topic. According to the sources interviewed, Parliament has not exercised such powers and the President and its cabinet practically control both chambers. Teodoro Nguema Obiang, the President´s son, currently holds two posts; senator and Second Vice-President responsible for defence and State Security, which contravenes the Electoral law that expressly forbids parliamentarians to hold another public office post. At the same time, according to the sources consulted and interviewed Nguema Obiang is responsible for the approval of major arms procurements and making key military and defence decisions, which puts him on both the position of reviewer and reviewed.

The website of the Second Vice President, reiterates that as Head of Defence and Security, he has final authority over all oversight and policy guidance for the armed forces. As such, it is unlikely that he would allow any independent oversight of defence institutions that could implicate him or members of his family.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 93, 84 second paragraph.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Regulatory Law of the Elections of the Chamber of Deputies, Senate, Municipalities and Referendum 07/2012, articles 10, 11 and 191 first and second paragraphs

(Publication): Inter-Parliamentary Union, Equatorial Guinea Chamber of Deputies, January 31, 2014
http://www.ipu.org/parline-e/reports/2101.htm

(Publication): Inter-Parliamentary Union, Equatorial Guinea Senate, January 31, 2014
http://www.ipu.org/parline-e/reports/2394_A.htm

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Office High Commissioner for Human Rights, Summary Compilation Equatorial Guinea, February 13, 2014 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/109/45/PDF/G1410945.pdf?OpenElement

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(Website): Head of defence and State Security. “defence and Security,” no date, accessed October 3, 2015. http://equatorialguineavp.com/defence-and-security/

SOURCES -+

Opinion: Not Qualified

Comment:

Suggested score:

Government Reviewer-+

Opinion: Not Qualified

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: EG is an unusually personalized political system. President Obiang and his family - particularly his eldest son and the First Lady - dominate decision-making bodies. The two houses of the legislature are packed with PDGE cadres personally approved by the president. Anything the houses do in terms of consultation will simply be to rubberstamp what the president has already decided.

Suggested score:

Peer Reviewer-+

02.
score
0

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?

Researcher4130: Parliament´s Rules of procedure are not easily accessible and there is no clarity to whether there is a mandate to create a defence and Security Committee within Parliament. According to the sources surveyed there is a defence and Security Committee within the Parliament but in practice does not conduct any oversight activities.

The 2012 Constitution creates an overall Council that advises the President on a wide range of issues during its mandate, including national security and defence. The Council is supposed to be composed of 9 members appointed by the President from ex-members of Parliament, the Constitutional Court, the Supreme Court, ex-Presidents, and other recognized persons. The Council has not been established yet and there is no evidence that suggests that there are other institutions responsible for overseeing the defence and security sectors.

The website of the Second Vice President, reiterates that as Head of Defence and Security, he has final authority over all oversight and policy guidance for the armed forces. As such, it is unlikely that he would allow any independent oversight of defence institutions that could implicate him or members of his family.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 105, 106, 107 and 108.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication): Inter-Parliamentary Union, Equatorial Guinea Chamber of Deputies, General Information about the Parliamentary Chamber, January 31, 2014
http://www.ipu.org/parline-e/reports/2101.htm

(Publication): Inter-Parliamentary Union, Equatorial Guinea Senate, General Information about the Parliamentary Chamber, January 31, 2014
http://www.ipu.org/parline-e/reports/2394_A.htm

Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnerhsip
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(Website): Head of defence and State Security. “defence and Security,” no date, accessed October 3, 2015. http://equatorialguineavp.com/defence-and-security/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

03.
score
0

Is the country's national defence policy debated and publicly available?

Researcher4130: According to the sources interviewed there is no national defence and security policy and there is no public information available on this regard. Information is not easily accessible on the overall sector either online or in paper. In addition there is evidence from media reports, sources interviewed and reports from international organisations that the President and ruling party closely control Equatorial Guinea´s government, including the Parliament and the Judiciary.

Furthermore, the current regulatory framework limits the space for civil society organizations and there are no mechanisms in place to consult or debate national policies, as has been highlighted in the Universal Periodic Review of Equatorial Guinea in 2014 and other human rights reports.

Freedom House confirms that debate around sensitive issues are practically non-existent: “Press freedom is severely limited, despite constitutional protections. Journalists consistently exercise self-censorship, and those who do criticize the president, his family, or the security forces face reprisals. […] The handful of private newspapers and magazines face intense financial and political pressure and are unable to publish regularly. The government on occasion imposes news blackouts about subjects such as the Arab Spring uprisings and the 2014 resignation of long-time Burkina Faso president”.

COMMENTS -+

(Interview) Interview with Interviewee 1, Civil Society Organization employee, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 9, parliamentarian, February 7, 2014, Equatorial Guinea

(Website): Equatorial Guinea VP, defence and Security.
http://equatorialguineavp.com/defence-and-security/

(Publication): CEID-GE, Red PerSida, SEJOF, &quoute;Informe de Sociedad Civil de Guinea Ecuatorial&quoute;, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): &quoute;Country Reports on Human Rights Practices for 2013: Equatorial Guinea&quoute;, United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Simon Allison, Equatorial Guinea: One man's fight against dictatorship, The Guardian, July 11, 2014
http://www.theguardian.com/world/2014/jul/11/equatorial-guinea-human-rights-africa-dictatorship-tutu-alicante

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree with Comments

Comment: Reviewer could not find any sources contradicting the assessor's comments that there is unlikely to be any public debate over defence issues. It is certainly in character with the overall nature of government policy and they way in which executive power is wielded.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: All power in EG is concentrated around the figure of the president and those close to him, often family members and nearly always from his Esangui clan. There is no meaningful debate and consultation either in parliament or civil society. National defence policy is a question of presidential diktat. This process was formalised to an even greater extent in 2012 when President Obiang named his eldest son and likely heir the Vice President and Head of defence and State Security. This represented a shift in power in the defence sector from the president's brothers - Generals Armengol and Antonio - who have been increasingly sidelined in recent years. In keeping with the way President Obiang governs EG, there is no evidence of a published and publicly avaialble defence polic.

Suggested score:

Peer Reviewer-+

04.
score
0

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?

Researcher4130: In addition to the regulations of the law, there is evidence from reports of international organizations and media that the government of Equatorial Guinea highly restricts the space of civil society organizations.

There have been instances where the few organizations that work on transparency and governance issues have been subject to ongoing harassment. According to media and international organizations reports, in 2010 an activist and civil society leader was removed from his post at the National University due to his criticism to government´s corruption and transparency record. In 2013 during the EITI process, according to sources interviewed, the government interfered and obstructed the selection of civil society representatives in the National Committee.

The NGO law provides very limited areas of work and does not allow human rights, anti-corruption or transparency work. Freedom House confirms that debate around sensitive issues are practically non-existent: “Press freedom is severely limited, despite constitutional protections. Journalists consistently exercise self-censorship, and those who do criticize the president, his family, or the security forces face reprisals. […] The handful of private newspapers and magazines face intense financial and political pressure and are unable to publish regularly. The government on occasion imposes news blackouts about subjects such as the Arab Spring uprisings and the 2014 resignation of long-time Burkina Faso president”.

COMMENTS -+

(Law): Ley 1/1999 de Régimen de las Organizaciones No Gubernamentales (NGO Law 1999), article 3.
http://www.icnl.org/research/library/files/Equatorial%20Guinea/Ley%20Regimen%20de%20ONGs.pdf

(Law): Reglamento de la Cámara de Diputados Novemmber 2013, article 42.

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013. http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor, http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Simon Allison, Equatorial Guinea: One man's fight against dictatorship, The Guardian, July 11, 2014, http://www.theguardian.com/world/2014/jul/11/equatorial-guinea-human-rights-africa-dictatorship-tutu-alicante

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News Article): Equatorial Guinea: DC Meeting Set as Corruption Details Emerge, Human Rights Watch, June 15, 2012 http://www.hrw.org/news/2012/06/15/equatorial-guinea-dc-meeting-set-corruption-details-emerge

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree with Comments

Comment: The US State Department report on Equatorial Guinea also states that members of CSOs and NGOs concerned with any reform of the status quo, including anti-corruption efforts, are routinely intimidated and disrupted by security forces.

http://www.state.gov/j/drl/rls/hrrpt/2011/af/186191.htm


Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The EG government is very hostile to CSOs and indeed it is dangerous to be openly critical of the government. Opposition parties or CSOs are certainly not welcomed to cooperate on anti-corruption matters and even less so in the defence sector.

Suggested score:

Peer Reviewer-+

05.
score
0

Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)

Researcher4130: Equatorial Guinea signed the African Union Convention on Preventing and Combating Corruption in 2005 but has not been ratified. The country has not signed the United Nations Convention against Corruption, and given that is not an OECD member it is not eligible to sign the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Reports from multilateral institutions and international organizations continue to flag the endemic corruption in the country, furthermore it has been documented by French and US courts, and by reports from numerous organizations and media, that the country has failed to comply with principles of international instruments to combat corruption. In 2010, Equatorial Guinea failed to join the Extractive Industries Transparency Initiative as it severely limited the participation of civil society organizations, and joining the EITI would have increased the government´s obligations to to combat corruption and increase transparency efforts.

In 2013 and 2014, Equatorial Guinea revamped its efforts to joint EITI, and according to the sources interviewed and official news available in the government website there has been some progress in facilitating the participation of civil society.

It is not yet clear if the country will meet all the requirements to join the EITI. In January 2015 the members of civil society successfully and independently voted for the representatives to the National Commission on EITI. However, a series of conditions requested by civil society members in February 2015 have not been yet made, which are key for a enabling environment. The National Commission on EITI first meeting was held on July 14, 2015 to discuss the National Work Plan and the Regulatory Framework of the EITI National Commission. According to the sources interviewed and surveyed, the government aims to make a formal admission request in early 2016.

COMMENTS -+

(Website): African Union, African Union Convention on Preventing and Combating Corruption, List of Country Which Have Signed, Ratified/Acceded, as of January 28, 2014
http://www.au.int/en/sites/default/files/Corruption_0.pdf

(Website): United Nations Office on Drugs and Crimes, United Nations Convention against Corruption Signature and Ratification Status as of 2 April 2014
https://www.unodc.org/unodc/en/treaties/CAC/signatories.html

(News Article): Office of the High Commissioner for Human Rights, Media Brief, May 5, 2014
http://www.ohchr.org/EN/HRBodies/UPR/Pages/Highlights5May2014PM.aspx

(News Article): Open Society Justice Initiative, Open Society Justice Initiative Welcomes Landmark Obiang Kleptocracy Settlement, October 10, 2014
http://www.opensocietyfoundations.org/press-releases/open-society-justice-initiative-welcomes-landmark-obiang-kleptocracy-settlement

(Publication): Open Society Justice Initiative, Case in Brief, October 28, 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(Press Release): Transparency International,Equatorial Guinea leader's son Obiang loses legal case against French magazine, March 20, 2014
http://www.transparency.org/news/pressrelease/teodorin_obiang_nguema_indicted_in_bien_mal_acquis_case

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report to the Universal Period Review, February 3, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Interview): Interview with interviewee 1, civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview): Interview with interviewee 6, government official, January 22, 2015, Equatorial Guinea.

(News article): Publish What You Pay, &quoute;&quoute;Equatorial Guinea and EITI candidacy, slow but steady progress?&quoute;&quoute; February 10, 2015 available on: http://www.publishwhatyoupay.org/equatorial-guinea-and-eiti-candidacy-slow-but-steady-progress/

(News article): Equatorial Guinea's Press and Information Office, &quoute;&quoute;The National Commission of EITI-Equatorial Guinea, invited to the 29th Board of Directors Meeting of the EIT&quoute;&quoute; April 18, 2015 available on: http://www.guineaecuatorialpress.com/noticia.php?id=6453&lang=en

(News article): Equatorial Guinea's Press and Information Office &quoute;&quoute;First meeting of the National Commission on EITI Equatorial Guinea&quoute;&quoute; July 15, 2015 available on: http://www.guineaecuatorialpress.com/noticia.php?id=6754&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: The reviewer can find not immediate evidence that Equatorial Guinea has taken substantial, publicly reported steps towards implementing the African Union Convention on Preventing and Combating Corruption since ratification.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no evidence that EG has taken meaningful steps towards complying with the AU Convention on Preventing and Combating Corruption.

Suggested score:

Peer Reviewer-+

06.
score
0

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

Researcher4130: According to reports from media and international organizations, Equatorial Guinea is known for being one of the world's most restrictive regimes. There are indications that the government continues to curtail freedom of expression and freedom of the press by arresting human rights activists and censoring content, as documented in the Universal Periodic Review in 2014 and the 2015 Freedom House report. According to reports from multilateral institutions, there is no framework to guarantee access to information, and there is no public information available on the access to information on government policy.

Given the lack of formal mechanisms government officials have full discretion in deciding whether particular information will be disclosed or not. According to the sources interviewed, there is no particular method or procedure to request information - citizens usually depend on someone they know working on the relevant Ministry to request information. Ultimately a higher level official, such as director or Minister can grant access to information if requested personally, such as a copy of a particular law.

The government does not consult any policy or law with any stakeholders. In 2014, there was some space for private sector engagement as a result of a symposium organized in the capital. The symposium, however, covered mainly investment and business opportunities, and there is no evidence of public debate on defence and security issues.

The Equatorial Guinea's Press and Information site is the main source for government information and provides news on government meetings and events attended by the President among other government news. But there is no space for a forum or dialogue. On very specific ocassions the goernment has held discussions with civil society, particularly regarding EITI but none related to the defence sector.

COMMENTS -+

Interview with Interviewee 2, Civil servant, August 8, 2014, Equatorial Guinea.

Interview with Interviewee 5, Civil society organization employee, August 5, 2014, Equatorial Guinea.

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Simon Allison, Equatorial Guinea: One man's fight against dictatorship, The Guardian, July 11, 2014 http://www.theguardian.com/world/2014/jul/11/equatorial-guinea-human-rights-africa-dictatorship-tutu-alicante

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013. http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House
http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(Publication): Human Rights Watch, Country Report Equatorial Guinea, 2014
http://www.hrw.org/world-report/2014/country-chapters/equatorial-guinea

(Website): Emerging Equatorial Guinea Symposium, official website, February 2014
http://www.emergingeg.com/en/pegi-strategic-sectors#overview

(Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnership
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

07.
score
0

Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?

Researcher4130: According to Equatorial Guinea´s Universal Periodic Review national report from 2014, the government is developing an Anti-Corruption Bill but no other sources acknowledge this process. The Anti-Corruption office within the Attorney General (officially known as Fiscalía de Investigaciones Administrativas) created in 2005 lacks a regulatory framework and it does not have an anti-corruption policy in place. There is no website for the Attorney General nor the Anti-Corruption office and according to the sources interviewed there are not written objectives available to the public, if any no public information was available to verify.

Practically, the limited anti-corruption efforts are led by the Presidency and Prime Minister's Office including calling all government officials to submit assets disclosures, and identifying cases of corruption within the administration, which have proven ineffective as the President and inner circle continued to amass personal fortunes from the country´s resources, particularly oil revenues as documented in the cases brought by US and French courts.

There is no evidence that the government will develop a policy in the near future, and interviewees find it unlikely that it will include the defence and security sector.

COMMENTS -+

Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

Interview with Interviewee 8, lawyer, January 25, 2014, Equatorial Guinea

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report, Universal Periodic Review, February 2, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): Open Society Justice Initiative, Open Society Justice Initiative Welcomes Landmark Obiang Kleptocracy Settlement, October 10, 2014
http://www.opensocietyfoundations.org/press-releases/open-society-justice-initiative-welcomes-landmark-obiang-kleptocracy-settlement

(Publication): Open Society Justice Initiative, Case in Brief, October 28, 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(Press Release): Transparency International, Equatorial Guinea leader's son Obiang loses legal case against French magazine, March 20, 2014
http://www.transparency.org/news/pressrelease/teodorin_obiang_nguema_indicted_in_bien_mal_acquis_case

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

08.
score
1

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

Researcher4130: Equatorial Guinea´s 2012 Constitution created a General Attorney Office within the Judiciary that includes an Anti-Corruption unit. The President appoints the Attorney General and Adjuncts. Given the lack of a regulatory framework, it is not clear if the unit will cover the defence and security sectors. According to the sources interviewed and given the limited information publicly available on the defence and security sectors, it is not clear whether there is a military police division tasked with building integrity.

In 2004 a National Public Ethics Commission was created but according to reports from civil society organizations to the Universal Periodic Review in 2014, the commission does not operate effectively. Furthermore, according to media reports and sources interviewed, the cases filed by the Anti-Corruption Office have been politically motivated and have not prosecuted officials within the defence and security agencies.

A Supreme Audit Institution was created by the 2012 Constitution, but the appointment authority of the President undermines its independence. A regulatory framework was also adopted in September 2012, but it is not yet operational as there have not been any appointments. The regulatory framework does not create a specific unit to target the defence and security sectors. There is also no other agency within the administration responsible for conducting audits.

According to the sources interviewed and media reports an external audit was being conducted in 2014, but there is no evidence publicly available to verify if it includes the security and defence sectors and if the findings will be made public.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 99, 100, 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnership
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(News article): Equatorial Guinea Office of Press and Information, Se presenta la Ley Orgánica reguladora del Tribunal de Cuentas, September 27, 2012
http://www.guineaecuatorialpress.com/noticia.php?id=3041

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication): The Economist Intelligence Unit, Country Report Equatorial Guinea, June 26, 2014
http://country.eiu.com/FileHandler.ashx?issue_id=1761739760&mode=pdf

(News Article): Radio Macuto, Auditoría del Gobierno, July 9, 2014
http://radiomacuto.info/auditoria-del-gobierno/

(Interview) Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview) Interview with Interviewee 5, Civil society organization official, August 5, 2014, Equatorial Guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: There are no significant poles of influence within EG besides the presidency.

Suggested score:

Peer Reviewer-+

09.
score
0

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

Researcher4130: The population deeply mistrusts defence and security forces as they are viewed as the most corrupted institutions and there have been no actions taken to effectively tackle corruption.

Police and security forces are deeply mistrusted in Equatorial Guinea, mainly viewed as corrupted institutions based on anecdotal evidence. In 2014 there were an increasing number of media allegations of police involvement in robbery through taxi networks and bribery, which has been acknowledged by the government. According to these reports, checkpoints continue to be a main avenue for bribery, particularly targeting foreigners. Foreign nationals are advised to inform their respective embassies than rely on the police, as investigations are rarely open.

While both institutions are mistrusted, according to the sources interviewed and as it was documented by reports from various civil society organizations, the police is mainly accused of bribery in the urban areas; whereas the military are mainly responsible for extrajudicial killings within the rural areas and conducting arbitrary arrests.

Corruption in the defence sector continues to be widespread; the Second Vice President for Security and defence was subject to two international cases against him for money laundering in US and French Courts. In a US senate investigation, the Minister of defence was shown to receive numerous benefits from oil Companies and contracts for security services with his own private company.

COMMENTS -+

(News Article): Equatorial Guinea Press and Information Office, Solemne apertura del Año Judicial 2014, January 16, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=4705

(News Article): Radio Macuto, Los Policías Municipales Siguen con sus Miradas de Lince sobre los Chóferes, June 21, 2014
http://radiomacuto.info/los-policias-municipales-siguen-con-sus-miradas-de-lince-sobre-los-choferes/

(News Article): Diario Rombe, Flash: Detenciones de militares en la Ciudad de Bata, September 30, 2013
http://www.diariorombe.es/algo-gordo-esta-sucediendo-en-la-ciudad-de-bata/

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): El Comisario Jefe Superior de la Policía de Bata Implicado en un asunto de Extorsión y Robo a Mano Armada, Radio Macuto, September 30, 2013
http://radiomacuto.info/el-comisario-jefe-superior-de-la-policia-de-bata-implicado-en-un-asunto-de-extorsion-y-robo-a-mano-armada/

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(News Article): Candidatura Independiente de Guinea Ecuatorial, El Gobierno y Sus Ministros Corruptos. Nicolas Obama Nchama, Ministro de la Seguridad Nacional de Guinea Ecuatorial, Encabeza Una Trama de Corrupcion de Venta de Pasaportes en su Departamento, September 17, 2013
http://candidaturaindependiente-guineaecuatorial.com/acceso/index.php?ind=news&op=news_show_single&ide=1575

(Website): EG Justice, No a la Corrupción en Guinea Ecuatorial, May 25, 2012
http://egjustice.org/es/anc

(Publication): United States Department of State Bureau of Diplomatic Security, Equatorial Guinea 2014 Crime and Safety Report, July 1, 2014
https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=15933

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House
http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(Publication): Freedom in the World 2015, Equatorial Guinea, Freedom House https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

(Publication): Human Rights Watch, Country Report Equatorial Guinea, 2014
http://www.hrw.org/world-report/2014/country-chapters/equatorial-guinea

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

Interview with Interviewee 5, Civil society organization official, August 5, 2014, Equatorial Guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

10.
score
0

Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?

Researcher4130: There is no evidence that suggests that Equatorial Guinea's National Security and defence Ministries have conducted corruption risks assessments, and there is no information available on whether the government has tasked an external body to conduct an assessment of corruption risk within the security and defence sectors.

According to media reports from the government website and through the government officials´ speeches the government has acknowledged in different forums the need to tackle corruption, though not specifically mentioning the defence and security sectors. There is awareness within the administration, military forces and amongst society in general of the systematic corruption within the police and security forces as it has been well documented in cases brought in France, the US and numerous reports from international organizations including the Universal Periodic Review and the President´s speeches, but very minimal mitigation measures have been put in place. While the Executive moved temporarily the Ministries and agencies to Bata to boost the economy according to official sources, this move has been speculated by interviewees as a strategy from the Executive to address the increasing insecurity and corruption in the city as it will allow greater control over the mainland given the presence of high ranking officials who could closely monitor the operations to address the increasing crime.

According to the sources interviewed and media reports in 2013 a few police officers were arrested on corruption and misconducted allegations, but no investigation was opened.

COMMENTS -+

(Interview) Interview with Interviewee 2, Civil Servant, August 8, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 6, January 22, 2015, Equatorial Guinea.

(News Article): Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report, Universal Periodic Review, February 2, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(News article): Equatorial Guinea Office of Press and Information, El Gobierno permanecera¡ en Bata, February 11, 2014
http://guineaecuatorialpress.com/noticia.php?id=4804&forcedfoto=1392061540.jpg

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): El Comisario Jefe Superior de la Polic­a de Bata Implicado en un asunto de Extorsian y Robo a Mano Armada, Radio Macuto, September 30, 2013
http://radiomacuto.info/el-comisario-jefe-superior-de-la-policia-de-bata-implicado-en-un-asunto-de-extorsion-y-robo-a-mano-armada/

SOURCES -+

Opinion: Agree with Comments

Comment: The website of the Second Vice President, Teodoro Nguema Obiang Mangue, reiterates that as Head of Defence and Security, he has final authority over all oversight and policy guidance for the armed forces. As such, it is unlikely that he would allow any independent audit of defence institutions that could implicate him or members of his family.

http://equatorialguineavp.com/defence-and-security/

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

11.
score
0

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

Researcher4130: The assessor could not locate evidence to suggest that there is a defined process for acquisition planning.

The website of the Second Vice President, states that as Head of Defence and Security, he has final authority over all oversight and policy guidance for the armed forces. However, no evidence could be found to indicating acquisitions are planned through a defined process.

It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas).

On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. There is no centralized agency tasked with issuing bids; in 2014 a few bids were made publicly available, but did not include the defence and security sectors.

Each Ministry is responsible for acquisitions, and according to the sources interviewed there is no clarity as to whether there exists an acquisitions office in the Ministry of defence. It is assumed that the Ministry of defence is responsible for its acquisition planning, but there is no oversight of the process and as it is not made publicly available, there was no public information available to verify. No contracts have been made publicly available either, despite the large spending in the recent years on military and security equipment sourced overseas.

Given the lack of clearly defined procurement processes, there is wide discretionary authority within each Ministry and agency. Reports from multilateral institutions find that the most common standard form of public procurement in the country is single source non-competitive procurement, which according to the interviewees includes the Ministry of defence.

'GE projects' is the institution responsible for providing technical assistance to Ministries and agencies on infrastructure projects, but it has not issued a standardised format for the procurement process and does not provide oversight. In the Consultation Report of 2013 from the International Monetary Fund, the country acknowledged in a general statement the lack of technical capacity to award contracts and inspect projects, but did not specifically address or mention the Ministry of defence.

COMMENTS -+

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Equatorial Guinea Press and Information Office, Licitacian pablica del Proyecto de Informatizacian de la Administracian Pablica, July 12, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5402

(News article): Equatorial Guinea Office of Press and Information, S. E. Obiang Nguema Mbasogo inaugura varias infraestructuras la va­spera de su 70 cumpleaos, June 5, 2012
http://www.guineaecuatorialpress.com/noticia.php?id=2710&lang=es

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas pablicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(News Article): World Folio, Bridging public and private interests for the nation's future, September 2012
http://www.worldfolio.co.uk/region/africa/equatorial-guinea/tarcisio-obama-nzeng-chairman-of-proyectos-equatorial-guinea-n1644

(News Article): Defence Web, Israel preparing to deliver two OPV to Equatorial Guinea Navy, January 17, 2011
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=13049:israel-preparing-to-deliver-two-opv-to-equato-guinea-navy-&catid=51:Sea&Itemid=106

(News Article): Equatorial Guinea Press and Information Office, Guinea Ecuatorial firma un contrato de seguridad mara­tima con la empresa MPRI, June 8, 2010
http://www.guineaecuatorialpress.com/noticia.php?id=591

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(Interview): Interview with Interviewee 1, civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(Website): Head of defence and State Security. “defence and Security,” no date, accessed October 3, 2015. http://equatorialguineavp.com/defence-and-security/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I simply wish to add that for many decades some of the president's closest relatives - first his brothers, now his eldest son - have dominated the defence sector which means that President Obiang has had a highly unusual level of discretionary control over acquisition in that area, all the while unencumbered by any meaningful scrutiny or disclosure requirements.

Suggested score:

Peer Reviewer-+

12.
score
0

Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.

Researcher4130:
The International Budget Partnership states that the Government of Equatorial Guinea provides the public with scant budget information. According to the Embassy of Equatorial Guinea in the UK website, the 2014 budget shows a very limited breakdown, with only a few lines detailing expenditures and investments in infrastructure, productive sector, public administration, and social expenditure (to include education, housing, water and sanitation, and health).There is no information available publicly on the defence budget.

Budget planning and execution continue to be a major challenge in Equatorial Guinea; according to the sources consulted, including reports from multilateral financial institutions, the budget is executed manually on a cash accounting basis. There is no coordination between ministries and budget allocation is not efficient between sectors.

Budgets have not been aligned with the country's strategic priorities as defined in the National Development Plan (Horizon 2020). The budget was sent to the Senate in November 2013 for approval, but no information was made available on the budget allocations.

COMMENTS -+

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnerhsip
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(Website): Open Budget Survey: Equatorial Guinea Profile, International Budget Partnership,2012
http://survey.internationalbudget.org/#profile/GQ

(Publication): Open Budget Survey: Equatorial Guinea Profile, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

(Website) Government Budget, Embassy of the Republic of Equatorial Guinea in the United Kingdom, no date, accessed October 03, 2015. http://www.embassyofequatorialguinea.co.uk/government-budget/

SOURCES -+

Opinion: Agree with Comments

Comment: Defence expenditure in Equatorial Guinea is extremely hard to gauge because of the secretive nature of the government and its attitude to public finances. It is one of the very few countries where the approved budget is not published, thereby preventing its citizens from monitoring implementation. Furthermore, the country's statistical apparatus remains weak, according to the IMF. On average defence spending is thought to be just 0.5 per cent of GDP, about one-fifth the regional average.

Source: IHS Jane's Sentinel Security Assessments

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

12A.
score
0

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?

Researcher4130: There is no evidence to indicate that any legislative committee responsible for defence budget scrutiny is provided with detailed, extensive, and timely information on the defence budget.

The ruling party PDGE holds 99% of the seats controlling Equatorial Guinea's recently elected Parliament. According to the Constitution, the Parliament must approve the budget; however there is no evidence of this happening in practice. The Open Budget Survey for 2015 shows that more generally budget oversight by the legislature in Equatorial Guinea is weak and that the Executive’s Budget Proposal is not provided to legislators at least three months before the start of the budget year, and the executive does not receive prior approval by the legislature before implementing a supplemental budget. No information could be found that addresses the defence budget scrutiny specifically.

Parliament´s Rules of procedure are not easily accessible and there is no clarity to whether there is a mandate to create a defence and Security Committee within Parliament. According to the sources surveyed there is a defence and Security Committee within the Parliament but in practice does not conduct any oversight activities.

According to official government news, a Budget Committee exists within the Parliament, which interviewees assumed should be responsible for defence budget scrutiny. But given that the rules of procedure are not publicly accessible and no other legislative framework defines the mandate of the Legislative Committees there is no clarity of whether the Budget Committee is also responsible for scrutinizing the defence budget.

According to the sources interviewed, the budget is not analyzed; but rather approved following the instructions of the Executive; there is no public information available on whether a budget analysis takes place in Parliament.

The interviewees further indicate that the Parliament lacks the internal capacity to scrutinize the budget. From the media reports reviewed, conducting a search online and accounts from interviewees, the budget information is not easily accessible and as a result there is no information on defence expenditures.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), article 77.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication): The Economist Intelligence Unit, Country Report Equatorial Guinea, June 26, 2014
http://country.eiu.com/FileHandler.ashx?issue_id=1761739760&mode=pdf

(News Article): Equatorial Guinea Press and Information Office, El Gobierno presenta al Senado los Presupuestos Generales para 2014, November 27,2014
http://www.guineaecuatorialpress.com/noticia.php?id=4527

(Publication): Inter-Parliamentary Union, Equatorial Guinea Chamber of Deputies, January 31, 2014
http://www.ipu.org/parline-e/reports/2101.htm

(Publication): Inter-Parliamentary Union, Equatorial Guinea Senate, January 31, 2014
http://www.ipu.org/parline-e/reports/2394_A.htm

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Interview) Interview with Interviewee 1, Civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview) Interview with Interviewee 6: Government official, January 22, 2015, Equatorial Guinea.

(Interview) Interview with Interviewee 9: Parliamentarian, February 7, 2014, Equatorial Guinea

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 105, 106, 107 and 108.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication): Inter-Parliamentary Union, Equatorial Guinea Chamber of Deputies, General Information about the Parliamentary Chamber, January 31, 2014
http://www.ipu.org/parline-e/reports/2101.htm

(Publication): Inter-Parliamentary Union, Equatorial Guinea Senate, General Information about the Parliamentary Chamber, January 31, 2014
http://www.ipu.org/parline-e/reports/2394_A.htm

(Publication): Open Budget Survey: Equatorial Guinea, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: In add that EG recently transformed from a unicameral to bicameral legislature. A senate was created but this hasn't made any meaningful difference. President Obiang's party controls all but one seat in both houses, which in any case are simply 'rubber stamp' organisations. Even if there is an official legislative committee for scrutinizing defence spending (and I have not seen any evidence that there is) it will not be able to modify or challenge any decision taken by the executive.

Suggested score:

Peer Reviewer-+

12B.
score
0

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

Researcher4130: The Government of Equatorial Guinea provides the public with scant budget information on the government's overall budget and there is no evidence to indicate a defence budget of any sort is made publicly available. According to the Embassy of Equatorial Guinea in the UK website, the 2014 budget shows a very limited breakdown of the overall government budget, with only a few lines detailing expenditures and investments in infrastructure, productive sector, public administration, and social expenditure (to include education, housing, water and sanitation, and health). The Open Budget Survey gives the general budget a score of 4/100 for transparency. There is no information available publicly on the defence budget.

While the law Regulating Public Finances requires the Minister of Finance to submit the budget to Parliament, there is no provision regarding the publication of the approved budget. The Minister of Finance is responsible for drafting the budget, but no information was made publicly available. The Executive submitted the budget to the Parliament in November 2013, but there is no information available on the budget approved.

Accessing the approved budget is challenging even within Ministries, according to the sources consulted there are very few paper copies and in some instances there is only one paper copy available for the entire Ministry or just a paper copy of the respective budget line. There is no recent information available on the defence budget neither in paper or online from any source.

The most recent information is from 2009 from a non-reliable external source that allocates more that 52% of the annual budget to the defence sector. According to World Bank data in 2009 military expenditure represented 4% of the GDP.

COMMENTS -+

Law No. 9/2003 Reguladora de las Finanzas Públicas del Estado de Guinea Ecuatorial (Law Regulating Public Finances), articles 37–43 http://cesge.org/index.php?option=com_phocadownload&view=category&id=5&Itemid=71

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Website): Datos Macro, Guinea Ecuatorial - Gasto público Defensa, 2009
http://www.datosmacro.com/estado/gasto/defensa/guinea-ecuatorial

(Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnerhsip
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Website): World Bank, Equatorial Guinea Data: Military expenditure (% of GDP), 2014
http://data.worldbank.org/indicator/MS.MIL.XPND.GD.ZS/countries/GQ?display=graph

(Publication): Open Budget Survey: Equatorial Guinea, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

13.
score
0

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

Researcher4130: Access to information continues to be a serious challenge in Equatorial Guinea. There is no regulation that provides a framework to access public information and government officials are vested with broad discretionary authority regarding what information to disclose. The allocated defence budget is not available and there is no comprehensive and detailed information on the other sources of income of the defence and security sectors.

In November 2013, the government official press announced a cooperation agreement with China that will include a donation of 15 million CFA for technical assistance on defence and security. No further recent information was found to be publicly available.

COMMENTS -+

(News Article): Equatorial Guinea, Equatorial Guinea And Russia Discuss Technical, Security And defence Collaboration, November 25, 2013
http://equatorialguineainfo.blogspot.com/2013/11/equatorial-guinea-and-russia-discuss.html

(News Article): Equatorial Guinea Press and Information Office, China will fund more projects with Equatorial Guinea, November 22, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=4507

(News Article): Equatorial Guinea Press and Information Office, The President receives the Russian Ambassador, November 23, 2011
http://www.guineaecuatorialpress.com/noticia.php?id=4513

SOURCES -+

Opinion: Agree with Comments

Comment: The US State Department report on Equatorial Guinea highlights in particular concerns over lack of free access to information, heavy censorship and lack of access for media organisations, CSOs and NGOs, extending to all matters deemed sensitive by the government:


&quoute;The law allows the government considerable authority to restrict press activities through official prepublication censorship. The law also establishes criminal, civil, and administrative penalties for violation of its provisions, in particular when it comes to violations of the 19 “publishing principles” in article 2 of the Law on the Press, Publishing, and Audiovisual Media. &quoute;

http://www.state.gov/j/drl/rls/hrrpt/2011/af/186191.htm

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

14.
score
0

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

Researcher4130: According to the sources consulted, there are no internal auditing processes of budget expenditures in place within the Ministries. Reports on the issue do not specifically address the Ministries of defence and Security.

The website of the Second Vice President,states that as Head of Defence and Security, he has final authority over all oversight and policy guidance for the armed forces. Evidence from reports of multilateral institutions, and media reports suggest that the internal audit process within the administration is inactive, including within the Ministry of defence. According to the sources interviewed, there is no audit process in place within the Ministry of defence; expenditure is not transparent and not subject to Parliamentary oversight.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Ley Número 5/2012 por la que se Regula el Tribunal de cuentas en la República de Guinea Ecuatorial (Regulatory Framework of the Supreme Audit Institution) articles 32 and 38

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News article): Equatorial Guinea Office of Press and Information, Se presenta la Ley Orgánica reguladora del Tribunal de Cuentas, September 27, 2012
http://www.guineaecuatorialpress.com/noticia.php?id=3041

(Publication): Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnership
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

Interview with Interviewee 1, civil society organization employee, August 5, 2014, Equatorial Guinea.

Interview with Interviewee 6, government official, January 22, 2015, Equatorial Guinea.

(Website): Head of defence and State Security. “defence and Security,” no date, accessed October 3, 2015. http://equatorialguineavp.com/defence-and-security/

SOURCES -+

Opinion: Agree with Comments

Comment: The Second Vice President, Teodoro Nguema Obiang Mangue, has final authority on all oversight and audit mechanisms for the armed forces in his capacity as Head of Defence and State Security, and is highly unlikely to order any significant investigations or transparency initiatives.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

15.
score
0

Is there effective and transparent external auditing of military defence expenditure?

Researcher4130:
Capabilities for external auditing remain weak in Equatorial Guinea, as suggested by the IMF report.

The Supreme Audit Institution was created in 2012 by the Constitution, but its independence is not guaranteed in the legal framework. Article 117.1 of the Constitution and article 32 of the regulatory framework establish that the President will name the magistrates of the Audit Institution from a proposal of the Parliament and article 38 defines the reasons to remove a magistrate though the process to do so is not clarified. According to the sources interviewed, the President names and removes the SAI authorities without parliamentary oversight.

Despite that a regulatory framework was approved in 2012, the SAI is not operating yet and is not clear whether it will cover the defence and security ministries expenditures. There is no other government agency responsible for conducting audits.

According to news articles a foreign company was conducting an external audit in 2014. There is no evidence that the audit will include the security and defence sectors and if the findings will be made public. It is widely believed, according to the interviewee, that the government will closely control and monitor the external audit being conducted by the foreign company.

COMMENTS -+

(Interview) Interview with Interviewee 1, Civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview) Interview with Interviewee 9, parliamentarian, February 7, 2014, Equatorial Guinea

Interview with Interviewee 6, government official, January 22, 2015, Equatorial Guinea.

(News Article) Radio Macuto, Auditoría del Gobierno, July 9, 2014
http://radiomacuto.info/auditoria-del-gobierno/

(Publication) Open Budget Index 2012, Equatorial Guinea Summary, International Budget Partnership
http://internationalbudget.org/wp-content/uploads/OBI2012-EquatorialGuineaCS-English.pdf

(Publication) African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News article): Equatorial Guinea Office of Press and Information, Se presenta la Ley Orgánica reguladora del Tribunal de Cuentas, September 27, 2012, http://www.guineaecuatorialpress.com/noticia.php?id=3041

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Ley Número 5/2012 por la que se Regula el Tribunal de cuentas en la República de Guinea Ecuatorial (Regulatory Framework of the Supreme Audit Institution) articles 32 and 38

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The African Economic Outlook report for EG in 2014 (by the AfDB, OECD and UNDP) is damning on the government's means of auditing itself:
&quoute;The transparency and quality of public finance management are deficient in the budget, in procurement, and in internal and external auditing&quoute;; &quoute;The ministries have no effective internal audit service&quoute;
There is minimal expectation that the Court of Auditors would be prepared to act as a check on the will of the president, his family and those elevated to positions of power by the president.

Suggested score:

Peer Reviewer-+

16.
score
0

Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

Researcher4130: The defence institutions of Equatorial Guinea are reported to have financial or controlling interests in businesses associated with the country’s natural resource exploitation, and there is no evidence of these interests being publicly stated, or subject to scrutiny.

One of the main and illustrative cases of financial interest and control over natural resources by a high-level official, the Head of defence and Security, is the case currently before French and the United States courts against Teodorin Nguema Obiang, the son of the President (previously the Second Vice-President responsible for defence and Security since 2012).

International courts documents state that he used his government position to control revenues and assets, particularly with regards to timber. He acknowledged in a sworn affidavit to a South African court that government officials are allowed to partner with foreign companies for government contracts, including the natural resources sector in his case. He has also been accused of stealing $300 million through corruption and money-laundering of the country’s oil and gas wealth. Historically, there have been reports that the government, including defence and security officials, have diverted revenues obtained from the country’s natural resources, including land and hydrocarbon, into private accounts through offshore shell corporations.

Additionally, according to interviewees and media reports available, foreigners must partner with nationals in order to operate in EG, with these nationals usually being high-level officials and officials from the President´s inner circle.

COMMENTS -+

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 8, lawyer, Janury 25, 2015, Equatorial Guinea.

(News Article): Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(Video): EG Justice, DOJ vs Teodorin 101, October 29, 2013
http://egjustice.org/post/doj-vs-teodorin-101

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): The Telegraph, African dictator's son orders £236 million luxury super yacht, February 28, 2011
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea/8351343/African-dictators-son-orders-236-million-luxury-super-yacht.html

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Bureau of International Narcotics and Law Enforcement Affairs, International Narcotics Control Strategy Report (INCSR), 2014
http://www.state.gov/j/inl/rls/nrcrpt/2014/supplemental/227774.htm

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(Website): Oxfam. Five years since transparency law was passed, Big Oil still fueling corruption, July 23, 2015. http://politicsofpoverty.oxfamamerica.org/2015/07/five-years-since-transparency-law-was-passed-big-oil-still-fueling-corruption/

Defence Industry Daily, “Dude, Where’s My Pandur?” February 3, 2006. http://www.defenceindustrydaily.com/dude-wheres-my-pandur-01873/

SOURCES -+

Opinion: Agree with Comments

Comment: Ownership by government and defence figures of concerns associated with the country's natural resources sector are well documented, including:

&quoute;AMILOCASER (owned by Armengol Ondo Nguema, the president’s brother, army general, and national delegate for security), NOMEX (owned by Gabriel Mbega Obiang Lima, the president’s son and mining and energy secretary of state), MSS (owned by Antonio Mba Nguema, the president’s brother, army general, and minister of defence), ATSIGE (owned by Manuel Nguema Mba, the president’s uncle, army general, and minister of security), APEGESA (owned by Juan Oló Mba Nseng, the president’s father-in-law, former minister of mining and hydrocarbons, and Atanasio Elá Ntugu Nsa, currently minister of mining and energy) and BOMDEN (owned by Julian Ondo Nkumu, army colonel and director general of presidential security).&quoute;

Source: Alicia Campos Serrano and Plácido Micó Abogo, Labour and Trade Union Freedom in Equatorial Guinea (Madrid: Fundación Paz y Solidaridad Serafin Aliaga de Comisiones Obreras, 2006), pp. 58-59.



Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Beyond the particularly egregious corruption and mixing of public/private lines by President Obiang's eldest son and likely successor, the involvement of the ruling elite, including those who preside over defence policy, is commonplace in EG. An especially stark example involves the president himself, who has ultimate discretionary control over the defence institutions. A private company, Abayak SA, is widely thought to be owned by President Obiang and is in a joint venture with GEPetrol, the state oil company.
The scandal which engulfed Washingto DC private bank, Riggs, in 2004 and 2005 showed examples of US oil companies making questionable payments to private companies connected to the EG elite, including those presiding over defence institutions.
See:
http://www.motherjones.com/politics/2005/01/obiang-equatorial-guinea-oil-riggs
http://www.menas.co.uk/localcontent/home.aspx?country=78&tab=industry
http://www.hsgac.senate.gov//imo/media/doc/ACF5F8.pdf?attempt=2
NB At the time of the Riggs scandal, President Obiang's brother - General Armengol Ondo Nguema - was Director of National Security and (on a personal level - i.e. not truly empowered by his official title) was the most influential figure in the defence sector other than the president. He was then centrally involved in the system of self-enrichment the EG elite were operating in natural resources sectors.
See here also (http://www.chr.up.ac.za/chr_old/press%20releases/President%20Obiang%20Nguema%20Mbasogo.pdf) for outline on how the contracting agencies which investors use to man their operations are typically owned by members of the EG elite, including those who preside over the defence institutions.

Suggested score:

Peer Reviewer-+

17.
score
0

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

Researcher4130: According to reports by United States agencies there is no penetration of organized crime, but rather local gangs involved in robbery and other petty crimes. Security forces, mainly police officers as identified in various sources, are leaders of local gangs and local criminal networks. There is no evidence of drug trafficking organizations, organized crime and terrorists operating in Equatorial Guinea. Despite the increasing spending on security and defence there is no evidence that the government has the capability to tackle organized crime.

During the 1980s and 1990s it is well-documented that officials of this government - many of who are still influential today - had close relationships with organised criminal networks which were allowed to use the territory of EG for arms trafficking, people trafficking, drug trafficking etc. More recently, Equatorial Guinea has been named as being part of drug trafficking routes, though the assessor could not locate further related evidence.

Since EG found oil in commercial viable quantity in the early 1990s, the EG elite has been able to cultivate more respectable commercial relationships and has had less need for its overtly criminal associations. Nonetheless, the manner in which the president's oldest son and likely heir has been exposed for interacting with investors in the timber sector and the involvement of the ruling elite in all parts of the economy indicates that those who rule EG are in no way committed to tackling an arguably criminal management of the national economy - since they remain the principal beneficiaries.

COMMENTS -+

(News Article): Equatorial Guinea Press and Information Office, Solemne apertura del Año Judicial 2014, January 16, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=4705

(Publication): United States Department of State Bureau of Diplomatic Security, Equatorial Guinea 2014 Crime and Safety Report, July 1, 2014
https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=15933

(Publication): Bureau of International Narcotics and Law Enforcement Affairs, International Narcotics Control Strategy Report (INCSR), 2014
http://www.state.gov/j/inl/rls/nrcrpt/2014/supplemental/227774.htm

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Radio Macuto, El Comisario Jefe Superior de la Policía de Bata Implicado en un asunto de Extorsión y Robo a Mano Armada, September 30, 2013
http://radiomacuto.info/el-comisario-jefe-superior-de-la-policia-de-bata-implicado-en-un-asunto-de-extorsion-y-robo-a-mano-armada/

(Publication) Business and politics in a criminal state: the case of Equatorial Guinea, G Wood, 2004 http://www.cmeyanchama.com/Documents/Guinee/2004_wood_geoffrey.pdf

(Book): The International Relations of Sub-Saharan Africa, Ian Taylor, 2010. https://books.google.co.uk/books?id=sy7gXFGRjvgC&pg=PA138&lpg=PA138&dq=equatorial+guinea+criminal+state&source=bl&ots=CNvHod-NvG&sig=VHOw_YZPZ2HrlwueHZQKTyvZCEQ&hl=en&sa=X&ei=FMB2VbucMIzTU87zgqAG&ved=0CFYQ6AEwCQ#v=onepage&q=equatorial%20guinea%20criminal%20state&f=false

Alex Perry, Blood Lines: How Europe's Cocaine Habit Funds Beheadings, Newsweek, November 20, 2014. http://www.newsweek.com/2014/11/28/blood-lines-how-cocaine-nights-fund-beheadings-285545.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The government of President Obiang has been in place since the late 1970s. During the 1980s it is well-documented that officials of this government - many of who are still influential today - had close relationships with organised criminal networks which were allowed to use the territory of EG for arms trafficking, people trafficking, drug trafficking etc. Please see: Business and politics in a criminal state: the case of Equatorial Guinea, G Wood, 2004 http://www.cmeyanchama.com/Documents/Guinee/2004_wood_geoffrey.pdf
Since EG found oil in commercial viable quantity in the early 1990s, the EG elite has been able to cultivate more respectable commercial relationships and has had less need for its overtly criminal associations. Nonetheless, the manner in which the president's oldest son and likely heir has been exposed for interacting with investors in the timber sector and the involvement of the ruling elite in all parts of the economy indicates that those who rule EG are in no way committed to tackling an arguably criminal management of the national economy - since they remain the principal beneficiaries.
For a more up-to-date assessment of this problem in EG see Ian Taylor's 'The International Relations of Sub-Saharan Africa' (2010) (https://books.google.co.uk/books?id=sy7gXFGRjvgC&pg=PA138&lpg=PA138&dq=equatorial+guinea+criminal+state&source=bl&ots=CNvHod-NvG&sig=VHOw_YZPZ2HrlwueHZQKTyvZCEQ&hl=en&sa=X&ei=FMB2VbucMIzTU87zgqAG&ved=0CFYQ6AEwCQ#v=onepage&q=equatorial%20guinea%20criminal%20state&f=false) and recent investigations into money laundering and corruption by members of the political-commercial elite in the US, France and Spain.

Suggested score:

Peer Reviewer-+

18.
score
0

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

Researcher4130: There is no specific agency within the administration responsible for policing the defence and security services to investigate corruption and organized crime. The agency responsible for investigating corruption is the Anti-Corruption office within the Attorney General (officially known as Fiscalia de Investigaciones Administrativas) created in 2005, but it does not have a specific mandate to police the defence and security services.

The independence of the Anti-Corruption office is questionable as the President has the authority to appoint the Attorney General and Adjuncts (Article 100.1 of the Constitution), as suggested by reports from civil society organizations that point to the lack of independence and interference from the President´s inner circle. The Anti-Corruption office lacks a regulatory framework and only few cases have been open against security and defence officers according to interviewees and media reports available.

There is no evidence of the agency's effectiveness to tackle corruption in the sector.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 99 and 100.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Law No. 2/2005, “Sobre Funcionarios Civiles del Estado”. Título II (“De los órganos de la Función Pública”), capítulo III (“De la Fiscalía de Investigaciones Administrativas”), articles 31–36.
http://cesge.org/index.php?option=com_phocadownload&view=category&id=5:administrativa&Itemid=71

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Radio Macuto, El Comisario Jefe Superior de la Policía de Bata Implicado en un asunto de Extorsión y Robo a Mano Armada, September 30, 2013
http://radiomacuto.info/el-comisario-jefe-superior-de-la-policia-de-bata-implicado-en-un-asunto-de-extorsion-y-robo-a-mano-armada/

(Interview) Interview with interviewee 1, civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview) Interview with interviewee 5, civil society organization employee, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

19.
score
0

Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?

Researcher4130: The assessor could not locate information on the intelligence services. There is also no evidence that the policies, administration, and budgets of the intelligence services are subject to effective, properly resourced, and independent oversight.

Article 100.1 of the Constitution grants the President authority to appoint and remove the Attorney General and adjuncts without parliamentary oversight undermining its independence, as suggested by reports from civil society organizations .

Parliament has not created a Legislative Committee responsible for overseeing intelligence and security policies. The rules of procedure are not accessible and as a result there is no clarity of whether a parliamentary body responsible for the oversight of intelligence and security services will be created. In addition the ruling party controls 99% of the seats in both legislative chambers, which could seriously hamper its independence. Sources consulted, including media and civil society reports suggest that the President and his inner circle closely control Parliament, and as a result there is no independence of the legislative.

Equatorial Guinea continues to lack internal oversight controls within the administration, including intelligence services.

COMMENTS -+

(Publication): Inter-Parliamentary Union, Equatorial Guinea Chamber of Deputies, January 31, 2014
http://www.ipu.org/parline-e/reports/2101.htm

(Publication): Inter-Parliamentary Union, Equatorial Guinea Senate, January 31, 2014
http://www.ipu.org/parline-e/reports/2394_A.htm

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 99 and 100.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Simon Allison, Equatorial Guinea: One man's fight against dictatorship, The Guardian, July 11, 2014 http://www.theguardian.com/world/2014/jul/11/equatorial-guinea-human-rights-africa-dictatorship-tutu-alicante

(Publication): The Economist Intelligence Unit, Country Report Equatorial Guinea, June 26, 2014
http://country.eiu.com/FileHandler.ashx?issue_id=1761739760&mode=pdf

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

20.
score
0

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

Researcher4130: There is no evidence to suggests that a merit-based selection system is in place in Equatorial Guinea, and high-level officials continue to be appointed within the President's inner circle and affiliation to the ruling party. Freedom House also reported in 2015 that Equatorial Guinea's government continues to be marked with nepotism.

For instance, the brother of the President has been Minister of defence since 2012, and the President appointed his son as the Second Vice-President for defence and State Security, while at the same time he also holds a seat in Parliament. Media and civil society reports suggest that the President himself selects high level officials without objective selective criteria and that the appointments are not subject to any investigation.

COMMENTS -+

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Equatorial Guinea Office of Press and Information, El Presidente de la República nombra a David Nguema Obiang nuevo Fiscal General de la República, May 5, 2012.
http://www.guineaecuatorialpress.com/noticia.php?id=2620&lang=es

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(News Article): Modern Ghana, E. Guinea President Obiang puts relatives in power, May 25, 2012
http://www.modernghana.com/news/397672/1/e-guinea-president-obiang-puts-relatives-in-power.html

(News Articl): Siobhan O’Grady, Oh, You Thought FIFA Was Corrupt? Meet Equatorial Guinea, Foreign Policy, November 14, 2014. http://foreignpolicy.com/2014/11/14/oh-you-thought-fifa-was-corrupt-meet-equatorial-guinea/

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree with Comments

Comment: The history of government nepotism in Equatorial Guinea is long and well-documented, with the president directly appointing members of his family, friends and political allies to sensitive and lucrative positions in government, regardless of qualification or appropriate experience.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The president has near total control over selection to positions such as this. The most powerful evidence for this reality is that close family members (formerly brothers, now son) have dominated the intelligence and defence institutions since President Obiang, who himself was a senior military chief and intelligence official while his uncle was president.

Suggested score:

Peer Reviewer-+

21.
score
0

Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?

Researcher4130: Equatorial Guinea is not a signatory of the Arms Trade Treaty and there is no evidence of it deploying effective scrutiny over arms exports despite the large allocations to the defence sector and recent acquisition of military equipment. Moreover, while the country signed the Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition and all Parts and Components that can be used for their Manufacture, Repair and Assembly, it has not been ratified and given the lack of effective anti-corruption mechanisms it seems unlikely that the country will comply with the anti-corruption principles set out in the treaty.

Equatorial Guinea is reported to be in accession to the Biological and Toxin Weapons Convention and the Chemical Weapons Convention, but lags behind on treaties referring to small arms proliferation that might realistically have to be adhered to by the government. Nor is it a signatory to the UN's Protocol against the Illicit Manufacturing of and Trafficking in Firearms.

According to the media and reports from academic institutions consulted, Israel and Ukraine are amongst the main arms providers to Equatorial Guinea. In 2008, the country placed arms orders worth up to $100 million to Israel and 2% of Ukraine's arms exports were destined to Equatorial Guinea (according to the report consulted &quoute;Ukraine does not report on the total value of arms exports or provide a breakdown of the value of export licences issued or actual exports by recipient, and so the value of arms exports to sub-Saharan Africa is not known&quoute;).

Sources interviewed describe that the current process for arms exports relies on the decisions of the Minister of defence and the Second Vice-president without any oversight without any policy plan but rather on ad-hoc basis, which creates greater risks for corruption. There is no other public information available regarding the processes for the import and export of arms. Interviewees pointed to the little knowledge publicly available on the sector, including arms exports, and concluded there is very little to almost no exports, but rather that the bulk of the arms trade is importing.

COMMENTS -+

(Website): United Nations Office for Disarmament Affairs, last accessed August 10, 2014
http://disarmament.un.org/treaties/t/att/deposit/asc

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

(News Article): Alpers, Philip and Marcus Wilson, Guinea Ecuatorial — Datos sobre armas, figures y leyes. Sydney School of Public Health, The University of Sydney. GunPolicy.org, May 13, 2014 http://www.gunpolicy.org/es/firearms/region/equatorial-guinea

(Interview) Interview with Interviewee 5, civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview) Private communication, interviewee 10, civil society organization employee, February 17, 2015, Equatorial Guinea

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, United Nations Office for Disarmament Affairs, no date, accessed October 03, 2015. http://disarmament.un.org/treaties/t/bwc

SOURCES -+

Opinion: Agree with Comments

Comment: Equatorial Guinea is a signatory to most CBRN conventions including the Biological and Toxin Weapons Convention and the Chemical Weapons Convention, but lags behind on treaties referring to small arms proliferation that might realistically have to be adhered to by the government. Nor is it a signatory to the UN's Protocol against the Illicit Manufacturing of and Trafficking in Firearms.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Risk management 60
22.
score
0

How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?

Researcher4130: There is no information available on control over assets disposal in Equatorial Guinea.

According to the interviewees and a report from the University of Sydney, there is no public knowledge on the procedures of asset disposals and it is unclear whether there are controls in place with regards to weapons or other equipment. There is no coverage of asset disposal by the media either, which proves the limited public awareness. According to the interviewees, there is broad speculation within civil society organizations of systematic corruption in the defence sector, including asset disposal.

Data from 2005 accounts show estimates indicating that Equatorial Guinea's small arms and ammunition export to be less than $395 USD.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(News Article): Alpers, Philip and Marcus Wilson, Equatorial Guinea — Gun Facts, Figures and the Law, Sydney School of Public Health, The University of Sydney. GunPolicy.org, May 13, 2014
http://www.gunpolicy.org/firearms/region/equatorial-guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

23.
score
0

Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?

Researcher4130: Equatorial Guinea does not have any information on asset disposals and it is unclear whether there are mechanisms in place to control asset disposals, including in the defence sector. The Supreme Audit Institution is not operational yet and there is no evidence that any other institutions scrutinize asset disposals.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News Article): Alpers, Philip and Marcus Wilson, Equatorial Guinea — Gun Facts, Figures and the Law, Sydney School of Public Health, The University of Sydney. GunPolicy.org, May 13, 2014
http://www.gunpolicy.org/firearms/region/equatorial-guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

24.
score
0

What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?

Researcher4130: Equatorial Guinea’s budget transparency continues to be a major challenge. While the budget was sent for approval to the Parliament in November 2013, no information was made publicly available, including expenditure on secret items.

The International Budget Partnership states that the Government of Equatorial Guinea provides the public with scant budget information. According to the Embassy of Equatorial Guinea in the UK website, the 2014 budget shows a very limited breakdown, with only a few lines detailing expenditures and investments in infrastructure, productive sector, public administration, and social expenditure (to include education, housing, water and sanitation, and health).There is no information available publicly on the defence budget.

There is no evidence that information on defence and security expenditure, including secret items, is sent to Parliament for scrutiny.

COMMENTS -+

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Equatorial Guinea Press and Information Office, El Gobierno presenta al Senado los Presupuestos Generales para 2014, November 27,2014
http://www.guineaecuatorialpress.com/noticia.php?id=4527

(Publication): Open Budget Survey: Equatorial Guinea Profile, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

(Website) Government Budget, Embassy of the Republic of Equatorial Guinea in the United Kingdom, no date, accessed October 03, 2015. http://www.embassyofequatorialguinea.co.uk/government-budget/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

25.
score
0

Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?

Researcher4130: There is no evidence which suggests that Parliamentarians are provided with budget information on defence and security expenditures, including secret items. Furthermore Parliament does not scrutinize and debate the overall budget policy.

According to the Constitution, the Parliament must approve the budget; however there is no evidence of this happening in practice. The Open Budget Survey for 2015 shows that more generally budget oversight by the legislature in Equatorial Guinea is weak and that the Executive’s Budget Proposal is not provided to legislators at least three months before the start of the budget year, and the executive does not receive prior approval by the legislature before implementing a supplemental budget. It is therefore highly questionable whether the legislature is provided with no information on spending on secret items, since there is not even evidence to indicate a defence budget is presented to parliament at all.

COMMENTS -+

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(News Article): Equatorial Guinea Press and Information Office, El Gobierno presenta al Senado los Presupuestos Generales para 2014, November 27,2014
http://www.guineaecuatorialpress.com/noticia.php?id=4527

(Publication): Open Budget Survey: Equatorial Guinea, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

26.
score
0

Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?

Researcher4130: No evidence could be found to indicate legislators are provided audit reports on secret items, or secret programs are even audited.

The Supreme Audit Institution is not in operation yet, despite the approval of its regulatory framework at the end of 2012. There is no other institution responsible for conducting inter-ministerial audits within the administration.

As a result there are no audit reports available, including for the security sector. In 2014 a foreign company was conducting an external audit, but there is no evidence that the audit will cover the security sector, whether it would include secret items, and if the report will be provided to the legislature.

COMMENTS -+

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Radio Macuto, Auditoría del Gobierno, July 9, 2014
http://radiomacuto.info/auditoria-del-gobierno/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

27.
score
0

Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?

Researcher4130: The law regulating public finances (Reguladora de las Finanzas Públicas del Estado de Guinea Ecuatorial) allows off-budget expenditures in cases of emergency, urgent or unforeseen expenses through a government decree and without Parliamentary oversight.

The government does not provide any information or reports to the Parliament on budget expenditure, including off-budget military expenditures.

COMMENTS -+

(Law): Law No. 9/2003 Reguladora de las Finanzas Públicas del Estado de Guinea Ecuatorial (Law Regulating Public Finances), article 9, section 1 http://cesge.org/index.php?option=com_phocadownload&view=category&id=5&Itemid=71

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

28.
score
0

In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?

Researcher4130: The budget presented by the Executive, later approved by the Parliament without any amendments, is very aggregated and vague. The budget is executed manually on a cash account basis, which allows the Ministries for substantial off-budget expenditures. Military equipment outsourced overseas has not been reported or audited and there is a lack of internal and external controls. There are also no reports of auditing so it is difficult to discern whether any expenditures are off-budget.

Moreover, defence officials of Equatorial Guinea have been reported to have financial or controlling interests in businesses associated with the country’s natural resource exploitation, and have been accused of using proceeds of corruption to acquire luxury goods and property. There is no evidence of these interests being publicly stated.

COMMENTS -+

(Publication): Open Budget Survey: Equatorial Guinea Profile, International Budget Partnership, 2015. http://internationalbudget.org/opening-budgets/open-budget-initiative/open-budget-survey/country-info/?country=gq

(Website) Government Budget, Embassy of the Republic of Equatorial Guinea in the United Kingdom, no date, accessed October 03, 2015. http://www.embassyofequatorialguinea.co.uk/government-budget/

(Website): International Budget Partnership, Open Budget Survey: Equatorial Guinea Profile, 2012
http://survey.internationalbudget.org/#profile/GQ

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Website): Oxfam. Five years since transparency law was passed, Big Oil still fueling corruption, July 23, 2015. http://politicsofpoverty.oxfamamerica.org/2015/07/five-years-since-transparency-law-was-passed-big-oil-still-fueling-corruption/

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): The Telegraph, African dictator's son orders £236 million luxury super yacht, February 28, 2011
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea/8351343/African-dictators-son-orders-236-million-luxury-super-yacht.html

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Bureau of International Narcotics and Law Enforcement Affairs, International Narcotics Control Strategy Report (INCSR), 2014
http://www.state.gov/j/inl/rls/nrcrpt/2014/supplemental/227774.htm

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

29.
score
0

In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?

Researcher4130: There is no access to public information framework in Equatorial Guinea and as a result there is no clearly defined provision for the classification of information on the grounds of protecting national security.

The government rarely publishes information in the papers and online. The press law, which is not available online, provides for the media to access information. However, there is no particular method or procedure to request information, and so citizens usually depend on personal contacts who work at the relevant Ministry if they need to request information.

Ultimately a higher level official, such as director or Minister can grant access to information if requested personally. According to the interviewee, individual officials are vested with broad discretionary authority to decide what information to disclose, and there is no legal framework to classify information - as a result, the Ministry of defence and other State security authorities decide what information is classified under national security grounds without any oversight, and there is no other public information available to verify this.

COMMENTS -+

(Law): Ley de Prensa, Imprenta y Medios Audiovisuales 6/1997 (Press law) Article 10 (not available online)

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Human Rights Watch, Country Report Equatorial Guinea, 2014
http://www.hrw.org/world-report/2014/country-chapters/equatorial-guinea

(Publication): Office High Commissioner for Human Rights, Summary Compilation Equatorial Guinea, February 13, 2014 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/109/45/PDF/G1410945.pdf?OpenElement

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree with Comments

Comment: The US State Department report on Equatorial Guinea highlights in particular concerns over lack of free access to information, heavy censorship and lack of access for media organisations, CSOs and NGOs, extending to all matters deemed sensitive by the government:


&quoute;The law allows the government considerable authority to restrict press activities through official prepublication censorship. The law also establishes criminal, civil, and administrative penalties for violation of its provisions, in particular when it comes to violations of the 19 “publishing principles” in article 2 of the Law on the Press, Publishing, and Audiovisual Media. &quoute;

http://www.state.gov/j/drl/rls/hrrpt/2011/af/186191.htm

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

30.
score
2

Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?

Researcher4130: There are currently a few state-owned enterprises in the energy & mining and information & communication sectors. However, there is no public information available regarding business assets owned by defence and security agencies, but according to the interviewees defence and security institutions do not have beneficial ownership of commercial business. In practice as documented in the case before US courts, it is rather the individual government officials from these institutions that are involved in a wide range of commercial businesses including natural resources and private security, though there is no information disclosed on these businesses.

The Second Vice-President for defence and State Security owns a timber company that is accused to be involved in money laundering, as it t has been documented by international courts and organizations.

It is unclear whether or not defence and security institutions are removed such ownership in legislation. This, combined with the perceived levels of corruption, the high number of individuals who have beneficial ownership over companies, and the overall lack of transparency indicate defence institutions may, indirectly, have ownership of significant commercial businesses. Score 2 has been selected to reflect this risk.

COMMENTS -+

(News Article): Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(Video): EG Justice, DOJ vs Teodorin 101, October 29, 2013
http://egjustice.org/post/doj-vs-teodorin-101

(News Article): The Telegraph, African dictator's son orders £236 million luxury super yacht, February 28, 2011
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea/8351343/African-dictators-son-orders-236-million-luxury-super-yacht.html

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(Interview) Interview with Interviewee 5, Civil Society Organization employee, August 5, 2014, Equatorial Guinea.

(Publication): Natural Resource Governance Institute, State Owned Companies, 2013, accessed October 03, 2015. http://www.resourcegovernance.org/rgi/soc

(Publication): US Department of State, 2014 Investment Climate Statement, June 2014. http://www.state.gov/documents/organization/229014.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: There is no evidence the institutions themselves are listed as owners of any particular commercial enterprises, but rather individuals within the institutions often hold beneficial ownership, in line with the general culture of impunity that pervades the links between the business sector and government.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: It is indeed individuals within the defence establishment which own private businesses, rather than the public institutions themselves owning stakes in such businesses. An example is the private security contractor which international oil companies are expected to hire. Numerous reports in the media and from other sources state this is owned by General Armengol Obiang, the president's brother and former National Security Adviser.

http://www.safpi.org/news/article/2013/there-african-resource-curse
http://www.africa-confidential.com/article/id/1203/Private_estate

Suggested score:

Peer Reviewer-+

31.
score
2

Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?

Researcher4130: There is no information available on military-owned businesses. However, as discussed in Question 30, there is a risk they may exist.

According to the interviewee, in the case there were known military-owned businesses, there would not be subjected to any type of scrutiny. The country lacks internal and external control mechanisms and the SAI is not in operation yet . There is no evidence that audits are being conducted within the military and defence sectors.

COMMENTS -+

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(Interview) Interview with Interviewee 5,Civil Society Organization employee, August 5, 2014, Equatorial Guinea.

(News Article): Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

32.
score
0

Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?

Researcher4130: There is evidence of private enterprise by military and defence employees, as it has been documented by a case in the US courts. High-level government officials have large stakes in commercial business including private security companies, particularly those within the President's inner circle.

Equatorial Guinea's law does not specifically forbid military employees to create private enterprises. There is no regulation and control over private enterprises owned by military and defence employees, beyond the general priavate entreprises regulations. The President's son and Vice-President for defence and National Security acknowledged in a sworn affidavit to a South African court that government officials are allowed to partner with foreign companies and bid for government contracts. According to the sources consulted, security and defence officials have business relationships with foreign companies.

COMMENTS -+

(Interview) Interview with Interviewee 1, civil society organization, August 5, 2014, Equatorial Guinea.

(News Article): Diario Rombe, Los militares de Carmelo alias Didi, October 26, 2013
http://www.diariorombe.es/los-militares-de-carmelo-alias-didi/

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): The Telegraph, African dictator's son orders £236 million luxury super yacht, February 28, 2011
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea/8351343/African-dictators-son-orders-236-million-luxury-super-yacht.html

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Ley Número 5/2012 por la que se Regula el Tribunal de cuentas en la República de Guinea Ecuatorial (Regulatory Framework of the Supreme Audit Institution) articles 32 and 38

(Law): Law No. 9/2003 Reguladora de las Finanzas Públicas del Estado de Guinea Ecuatorial (Law Regulating Public Finances), article 9, section 1 http://cesge.org/index.php?option=com_phocadownload&view=category&id=5&Itemid=71

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Policies & codes 90
34.
score
1

Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?

Researcher4130: In public speeches and at international forums, the president of Equatorial Guinea routinely denies corruption in the country and stresses anti-corruption measures that are being taken, including the national report to the Universal Periodic Review in 2014.

In practice, it has been documented by media, civil society organizations and international organizations that corruption is endemic within all the government apparatus including the defence and security sectors and there is no effective anti-corruption mechanisms in place. While high-level officials from the defence and security agencies also condemn corruption in their speeches and interviews, there is no evidence of an institutional commitment.

The Anti-Corruption Office (officially known as Fiscalia de Investigaciones Administrativas) lacks independence, and has prosecuted few low-level officials as documented by the sources consulted. According to the interviewee, in late 2013 few police officers were arrested under charges of corruption, but no investigation was opened.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(News Article): Equatorial Guinea Press and Information Office, Solemne apertura del Año Judicial 2014, January 16, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=4705

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas públicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(News article): Christiane Amanpour, Interview with President Teodoro Obiang of Equatorial Guinea, CNN, October 5, 2012.
http://transcripts.cnn.com/TRANSCRIPTS/1210/05/ampr.01.html

(News Article): Equatorial Guinea Press and Information Office, Felicitaciones al Presidente de la República en el inicio del 2013, January 3, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=3354

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report to the Universal Period Review, February 3, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(News Article): Diario Rombe, La Guerra entre Nguema Obiang y Carmelo Obiang, October 5, 2013
http://www.diariorombe.es/la-guerra-entre-nguema-obiang-y-carmelo-obiang/

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Any commitment to anti-corruption is at the level of rhetoric only or concerned with limiting opportunities for enrichment to a pre-selected number of individuals.

Suggested score:

Peer Reviewer-+

35.
score
2

Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?

Researcher4130: Corruption constitutes an offence in Equatorial Guinea under the Constitution, the Criminal Code, the Law Regulating Public Finances and the Public Ethics Law.

The Criminal Code of 1963 criminalizes influence peddling, the use of confidential state information for private gain, misuse of public resources, offering or acceptance of bribes, trafficking and extortion. But it does not address money laundering or organized crime. Sanctions include suspension, dismissal, prison and fines (articles 198 to 204 and 385 to 399).

The law Regulating Public Finances criminalizes specific offenses in the mismanagement of public finance, and sanctions might include civil, criminal and administrative prosecition, suspension, dismissal and fines (articles 74 to 76).

The Ethics law addresses conflicts of interest in the civil service (articles 12 to 16) and gifts to civil servants (articles 17 to 20); sanctions under these regulations include an inquiry by the Ethics Commission (article 17) and in case of a criminal crime prosecution (article 19).

Despite all the sanctions prosecution of government officials, including security forces, is very rare though it has been documented that bribery and corruption continue to be embedded in the security and defence agencies, particularly the police. In the past few years, there have been an increasing number of allegations of police involvement in robbery and bribery. Checkpoints by security forces continue to be a main avenue for bribery, particularly targeting foreigners.

In 2013 few police officers were arrested on corruption and misconducted allegations and a trial was conducted, but according to sources the prosecution was politically motivated. No evidence could be found to indicate any defence officials have been arrested on corruption charges.

Two soldiers from Equatorial Guinea UN troops were implicated in the alleged sexual abuse of children between December 2013 and June 2014, according to a U.N. report leaked in April 2015. No evidence could be found to indicate there have been any repercussions for the soldiers involved.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), article 115 second paragraph.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Criminal Code): Código Penal, 1963; articles 198 to 204 and 385 to 393.
http://cesge.org/index.php?option=com_phocadownload&view=category&id=13&Itemid=79

(Law): Ley Relativo a la Ética y la Dignidad en el Ejercicio de la Función Pública, 2004 (Ethics Law) chapters III, IV and V; articles 12 to 23
http://www.opensocietyfoundations.org/sites/default/files/f-obiang-prize-funding-investigation-request-annexes-20100610_0.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Human Rights Watch, Country Report Equatorial Guinea, 2014
http://www.hrw.org/world-report/2014/country-chapters/equatorial-guinea

(Publication): Office High Commissioner for Human Rights, Summary Compilation Equatorial Guinea, February 13, 2014 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/109/45/PDF/G1410945.pdf?OpenElement

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): Freedom in the World 2014, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2014/equatorial-guinea-0

(News Article): Diario Rombe, La Guerra entre Nguema Obiang y Carmelo Obiang, October 5, 2013
http://www.diariorombe.es/la-guerra-entre-nguema-obiang-y-carmelo-obiang/

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): Reuters, U.N.'s Central Africa force hit with new misconduct allegations, September 14, 2015. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=40693:uns-central-africa-force-hit-with-new-misconduct-allegations&catid=56:diplomacy-a-peace&Itemid=111

SOURCES -+

Opinion: Agree with Comments

Comment: The legal frameworks in place are in practice only rarely used to investigate and prosecute suspected corruption. They can, however, be used to provide legal justification for arrests and internal purges of personnel and as such are only selectively applied.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Despite the existence of anti-corruption legislation, it is highly likely that an individual with serious influence would be censured on the grounds of corruption if the president was seeking a pretext to purge him or her from the corridors of power.

Suggested score:

Peer Reviewer-+

36.
score
0

Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?

Researcher4130: Equatorial Guinea lacks a whistleblower protection law, and there are no other mechanisms to protect whistle-blowers from the military and defence ministries when disclosing illegalities. There is evidence that government officials and civil servants fear reprisals in case of disclosing information that may affect the regime. Allegations of corruption are rarely investigated and prosecuted, and it has been suggested that the few cases opened were due to political motivations.

One such case was the case of a close collaborator of the President's son, who was accused of embezzlement from the commercial timber company subject to two international lawsuits. According to the interviewees, and as documented by a international human rights organization, he was reportedly imprisoned to prevent him from talking to international prosecutors.

Civilians may face trial in military courts for certain offenses.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(News article): Human Rights Watch, Equatorial Guinea: Halt Prisoner Torture, July 30, 2014
http://www.hrw.org/news/2014/07/30/equatorial-guinea-halt-prisoner-torture

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

37.
score
0

Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?

Researcher4130: Equatorial Guinea lacks specific rules for hiring personnel in sensitive positions in the defence and security agencies and there is no evidence of a merit-based system. Overall appointments within the administration are mainly the result of political patronage; examples include the Ministry of defence, who is related to the President, and Attorney General - both prominent members of the PDGE (the President's party).

According to the interviewee, there is awareness within the administration of sensitive positions, but there are no special rules for their selection and follow the same procedure as any other position, which is mainly political patronage. There is no special attention given to the time on the post, and there are no mechanisms in place to conduct oversight on sensitive positions and the Audit Institution is not yet operational. There was no public information available that specifically addresses this issue.

COMMENTS -+

(News Article): Equatorial Guinea Office of Press and Information, El Presidente de la República nombra a David Nguema Obiang nuevo Fiscal General de la República, May 5, 2012.
http://www.guineaecuatorialpress.com/noticia.php?id=2620&lang=es

(Publication): Freedom in the World 2013, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2013/equatorial-guinea

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(News Article): Modern Ghana, E. Guinea President Obiang puts relatives in power, May 25, 2012
http://www.modernghana.com/news/397672/1/e-guinea-president-obiang-puts-relatives-in-power.html

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Diario Rombe, Guinea Ecuatorial Cleptocracia y Caos Político, May 21, 2014
http://www.diariorombe.es/guinea-ecuatorial-cleptocracia-y-caos-politico/

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

SOURCES -+

Opinion: Agree with Comments

Comment: Considering widespread nepotism reported by many CSOs, NGOs and other public sources in nearly all areas of Equatorial Guinea's government, it is highly unlikely that senior positions in sensitive areas of the defence and intelligence institutions are assigned on the basis of merit.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: To add: The president's oldest son and presumed heir, Teodorin, is EG's second vice president with responsibility for security and defence. This makes him the most senior defence official in EG and his appointment to the role was a crucial part of his father’s manoeuvring to weaken the grip of Generals Armengol and Antonio, his brothers, over the country’s security apparatus. Colonel Simon Nguema Ndong and Nicholas Obama Nchama, both loyalists of Teodorin and his mother, the First Lady, have since been appointed the deputy chief of the EG armed forces and the Minister of National Security respectively.

Suggested score:

Peer Reviewer-+

38.
score
0

Is the number of civilian and military personnel accurately known and publicly available?

Researcher4130: Transparency continues to be a major challenge in Equatorial Guinea. Ministries lack websites and little information is published either in paper or online. The main government website is the President’s Office site that publishes news on main events and activities of the Ministries.

According to the interviewees, there is no official information provided on the personnel working in each Ministry and there is no evidence that the government tracks this information accurately, including the civilian and military personnel. Other sources provide information on the number of personnel, but it is believed this information is not accurate as a result of Equatorial Guinea’s limitations in collecting data and statistics.

According to the World Bank, in 2011 military personnel accounted to a total of 1320; there was no other public information available.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with interviewee 2, Civil servant, August 8, 2014, Equatorial Guinea.

(Website): World Bank Data, Armed forces personnel: total, 2014
http://data.worldbank.org/indicator/MS.MIL.TOTL.P1

SOURCES -+

Opinion: Agree with Comments

Comment: The Military Balance puts the number of personnel in Equatorial Guinea's armed forces at 1,320, while IHS Jane's also puts it at 1,350 - confirming that the number is not accurately known and is not disseminated by the government.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

39.
score
0

Are pay rates and allowances for civilian and military personnel openly published?

Researcher4130: Equatorial Guinea does not provide information on the pay rates and allowances for civilian and military personnel.

While Equatorial Guinea’s Constitution and Ethics law stipulate that all government officials must submit asset disclosures, including armed forces and military personnel, there are no formal procedures in place to monitor compliance.

The law on minimum wages is not publicly available and according to sources consulted most ministries and agencies do not issue contracts to their employees.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), article 116
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Law): Ley Relativo a la Ética y la Dignidad en el Ejercicio de la Función Pública, 2004 (Ethics Law) article 6
http://www.opensocietyfoundations.org/sites/default/files/f-obiang-prize-funding-investigation-request-annexes-20100610_0.pdf

(News Article): Mêñê Micha mí-Abêmê, ¿Cuánto es el salario del funcionario y, cuándo debe cobrarlo?, La Gaceta de Guinea Ecuatorial, June 28, 2014
http://www.lagacetadeguinea.com/139/15.htm

(News Article): Diario Rombe, Flash: Se avecina una revuelta en la empresa de telecomunicación Gecomsa, May 1, 2014
http://www.diariorombe.es/flash-se-avecina-una-revuelta-en-la-empresa-de-telecomunicacion-gecomsa/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

40.
score
0

Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?

Researcher4130: There is very limited information to comment on whether personnel receive the correct pay on time, and if the system of payment is well-established. The payment system is not published.

Ministries function on a cash accounting basis. There is no evidence to suggest the payment system is well-established and rountine. Most payment requests have to go through the Finance Ministry, but according to the sources interviewed some Ministries directly request payments to the Treasury.

According to the sources consulted, given the limited number of contracts, government officials do not have a secure salary and it can be modified discretionally, according to civil society information collected in 2013. This was the case of various government officials who had their salary changed discretionally by their immediate supervisors, particularly women.

According to the interviewees, in some instances the Ministries do not have sufficient funds and are required to finance themselves to cover expenditures, including its personnel's salary. In early January 2015, for instance, government officials from SEGESA (the electricity state company) had not been paid in several months, but there was no other public information available to corroborate.

Given the lack of transparency and the restrictive media environment, it is difficult to ascertain the extent to which payments are delayed.

COMMENTS -+

(Interview) Interview with interviewee 2, Civil servant, August 8, 2014, Equatorial Guinea.

(Interview): Interview with interviewee 7, government official, January 7, 2015

(News Article): Diario Rombe, Flash: Se avecina una revuelta en la empresa de telecomunicación Gecomsa, May 1, 2014
http://www.diariorombe.es/flash-se-avecina-una-revuelta-en-la-empresa-de-telecomunicacion-gecomsa/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

41.
score
0

Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?

Researcher4130: There is no evidence which suggests that Equatorial Guinea has an established merit-based appointment system for its civilian and military personnel.

Government jobs are not advertised. There is no use of objective job descriptions available on the few government websites. Less than 10% of the government agencies have websites. The law of public officials, that excludes military personnel, does not make a specific requirement to make publicly available the job openings. (article 13)

In the law of public officials there is a review panel. In practice there is no oversight of the appointment process (article 50). The President appoints directly higher level officials and mid-level are appointed directly by their respective Ministers. There is no merit-based system in the country.

There is evidence from media and civil society reports that Government officials are routinely subject to political interference and appointments are usually the result of political patronage. According to the interviewee, top-level personnel are selected from the President's inner circle and middle-level appointments depend on the candidates' affiliation to the ruling party and their government connections.

COMMENTS -+

(Interview): Interview with Interviewee 4 doctor in public hospital, August 2014, Equatorial Guinea

(News Article): Equatorial Guinea Office of Press and Information, El Presidente de la República nombra a David Nguema Obiang nuevo Fiscal General de la República, May 5, 2012.
http://www.guineaecuatorialpress.com/noticia.php?id=2620&lang=es

(Publication): Freedom in the World 2013, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2013/equatorial-guinea

(News Article): Modern Ghana, E. Guinea President Obiang puts relatives in power, May 25, 2012
http://www.modernghana.com/news/397672/1/e-guinea-president-obiang-puts-relatives-in-power.html

(News Article): Diario Rombe, Guinea Ecuatorial Cleptocracia y Caos Político, May 21, 2014
http://www.diariorombe.es/guinea-ecuatorial-cleptocracia-y-caos-politico/

(Publication): Freedom in the World: Equatorial Guinea, Freedom House, 2015. https://freedomhouse.org/report/freedom-world/2015/equatorial-guinea

Defence Web, Equatorial Guinea, April 30, 2013. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=30337:equatorial-guinea&catid=119:african-militaries

(Law): Law No. 2/2005, “Sobre Funcionarios Civiles del Estado”. Título II (“De los órganos de la Función Pública”), capítulo III (“De la Fiscalía de Investigaciones Administrativas”), articles 31–36.
http://cesge.org/index.php?option=com_phocadownload&view=category&id=5:administrativa&Itemid=71

SOURCES -+

Opinion: Agree with Comments

Comment: Considering widespread nepotism reported by many CSOs, NGOs and other public sources in nearly all areas of Equatorial Guinea's government, it is highly unlikely that senior positions in sensitive areas of the defence and intelligence institutions are assigned on the basis of merit.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

42.
score
0

Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.

Researcher4130: There is no evidence of the existence of promotions boards within the administration; the law on public officials -that excludes military personnel- does not require promotion boards (articles 62 to 67). There is no evidence to suggest there is oversight in the promotion process at all in the defence and intelligence institutions.

Equatorial Guinea lacks a formal appraisal process: the Public Officials law excludes the military, there are no performance evaluations and it seems that promotions are a result of political patronage. Examples of this include the appointment of prominent members of PDGE to high level official positions such as the Minister of Security and the Minister of Planning.

In 2014 the Ministry of Public Administration conducted a surprise in-situ visit to all Ministries, though it is not clear if this included the defence and Security Ministries, to conduct an inspection. As a result of the visit the Ministry observed 85% absenteeism and called the Ministries to effectively implement the law and ensure government employees comply with their obligations. In 2014, the ruling party PDGE requested public and private employers to verify deductions were being made from their employees' salaries to the party.

COMMENTS -+

(Law): Law 2/2005 of Public Official article 2e) and 63 to 67.

(News article): Equatorial Guinea Press and Information Office, Inspección sorpresa de la Ministra de la Función Pública, May 7, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5138

(News Article): Diario Rombe, El PDGE ha Enviado este Documento a Todas las Empresas Públicas y Privadas, June 12, 2014
http://www.diariorombe.es/el-pdge-ha-enviado-este-documento-todas-las-empresas-publicas-y-privadas/

(Publication): Freedom in the World 2013, Equatorial Guinea, Freedom House http://www.freedomhouse.org/report/freedom-world/2013/equatorial-guinea

(News Article): Modern Ghana, E. Guinea President Obiang puts relatives in power, May 25, 2012
http://www.modernghana.com/news/397672/1/e-guinea-president-obiang-puts-relatives-in-power.html

(News Article): Diario Rombe, Guinea Ecuatorial Cleptocracia y Caos Político, May 21, 2014
http://www.diariorombe.es/guinea-ecuatorial-cleptocracia-y-caos-politico/

SOURCES -+

Opinion: Agree with Comments

Comment: Considering widespread nepotism reported by many CSOs, NGOs and other public sources in nearly all areas of Equatorial Guinea's government, it is highly unlikely that senior positions in sensitive areas of the defence and intelligence institutions are assigned on the basis of merit except in lower ranks.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

43.
score
1

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher4130: There are no known policies, rules or mechanisms against bribery for avoiding compulsory conscription aside from the general measures to address bribery and corruption discussed in Question 35. It is likely that bribery is widely practised.

Compulsory military service is mandatory in Equatorial Guinea, as provided for by the Constitution, though in practice, according to the sources consulted, conscription is rare due to the lack of enforcement mechanisms.

There is a 2-year service obligation for all, with women usually holding administrative positions in the Navy. According to the interviewee, there are no known specific policies and mechanisms against bribery to avoid military service and in practice, conscription is not enforced, particularly within the upper strata of society and in the families of the President's inner circle. Bribery occurs to enter a specif rank, according to the interviewee.

There was no other public information available regarding corruption in the compulsory military service or in the voluntary conscription.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization employee, August 5, 2014, Equatorial Guinea.

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), article 16
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(News article): Equatorial Guinea Press and Information Office, Justicia, Ejército, Embajadas
http://www.guineaecuatorialpress.com/noticia.php?id=130

(Website): Central Intelligence Agency, The World Factbook: Military Service Age and Obligation, 2013
https://www.cia.gov/library/publications/the-world-factbook/fields/2024.html

(News article): Equatorial Guinea Press and Information Office, La pareja presidencial clausura el curso de la Academia Militar de Okoete, January 17, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=3403

SOURCES -+

Opinion: Agree with Comments

Comment: Although military service is compulsory according to the constitution of Equatorial Guinea, it appears to be voluntary in practice. The government periodically calls on men over 18 years of age to enlist voluntarily in the armed forces for a minimum of two-years. No information on the prevalence of bribery to avoid conscription is available.

Source: IHS Jane's World Armies

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

44.
score
1

With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher4130: In Equatorial Guinea, entry to military service is mostly the result of voluntary conscription, as compulsory conscription is rare in practice due to the lack of enforcement mechanisms. There is no evidence to suggest there are defined procedures against bribery to access preferred positions for either voluntary or compulsory conscription although the general measures mentioned in Question 35 to address bribery and corruption would be applicable.

Bribery is also widespread within the military, as those who can afford a pay-off can access better ranks. Military ranks also depend on the affinity to the ruling party and President's inner circle, particularly at the top ranks.

COMMENTS -+

(News Article): Diario Rombe, Guinea Ecuatorial Cleptocracia y Caos Político, May 21, 2014
http://www.diariorombe.es/guinea-ecuatorial-cleptocracia-y-caos-politico/

(Website): EG Justice, No a la Corrupción en Guinea Ecuatorial, May 25, 2012
http://egjustice.org/es/anc

Defence Web, Equatorial Guinea, April 30, 2013. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=30337:equatorial-guinea&catid=119:african-militaries

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

45.
score
1

Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?

Researcher4130: The government has previously acknowledged the existence of ghost workers who appear on the payroll but are not at their posts, which is a widespread practice, particularly in the civil service.

There is no independent media in the country. There are only two media outlets available in the country; the government-owned and the private TV-Radio owned by the President's Son , VicePresident for Defence and Security and as such cases of ghost soldiers would not be reported. There is no case reveled by independent websites of ghost soldiers in the last five years.

Hence, there is no publicly available evidence that this happens in the military, but according to the interviewee the problem of ghost soldiers does occur in the military especially at the higher ranks. The ministries, including the defence and security agencies, have not taken any actions to prevent this practice. Most of the payment systems within the administration are executed manually on a cash accounting basis, with no oversight and there are no internal audit mechanisms in place. Since the government does not make public the number of personnel (armed forces and defence officials), it is more likely that ghost soldiers can occur.

COMMENTS -+

(Interview): Interview with Interviewee 5, Civil society organization official, August 5, 2014, Equatorial Guinea.

(News article): Equatorial Guinea Press and Information Office, Inspección sorpresa de la Ministra de la Función Pública, May 7, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5138

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

SOURCES -+

Opinion: Agree with Comments

Comment: Considering the haphazard approach to reporting recruitment and inconsistent conscription, it is likely that there are ghost soldiers present in the system.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

46.
score
0

Are chains of command separate from chains of payment?

Researcher4130: There is no information available on salaries and chains of payments. According to the interviewee consulted, chains of payment are not separated from the chains of command and there is a great disparity between higher-ranked and lower-ranked staff in the ministries of defence and security.

Furthermore, lower-ranked soldiers are constantly looking for other illegal sources of income including bribery at check points. Higher-level officials can partner with companies to provide protection, as was documented in a US Senate investigation.

The 2015 report of the US's Bureau of Diplomatic Security emphasizes that the lack of public resources allocated to the salaries of more junior security forces personnel causes them to seek other means of raising money. It is possible that the same applies to defence.

COMMENTS -+

(Interview): Interview with Interviewee 5, Civil society organization official, August 5, 2014, Equatorial Guinea.

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): Raimundo Ela, Mensaje a los Militares de Guinea Ecuatorial y Familiares, Personal Blog, May 26, 2013
http://raimundoela.com/mensaje-a-los-militares-de-guinea-ecuatorial-y-familiares/

(Publication): United States Department of State, Equatorial Guinea 2015 Crime and Safety Report, 2015. https://www.osac.gov/pages/ContentReportDetails.aspx?cid=16981

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The 2015 report of the US's Bureau of Diplomatic Security emphasises the lack of public resources allocated the salaries of more junior security forces personnel which causes them to seek other means of raising money. https://www.osac.gov/pages/ContentReportDetails.aspx?cid=16981

Suggested score:

Peer Reviewer-+

47.
score
2

Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?

Researcher4130: Equatorial Guinea has a Code of Conduct, namely the Ethics law that applies to all public serves including military personnel.

The law establishes &quoute;duties, prohibitions and incompatibilities applicable, without exception, to all persons who provide public services&quoute; and provides measures against corruption and bribery. The Ethics Law covers gifts and conflict of interest but does not include any regarding hospitality and post-separation activities. In addition the Military Law provides further guidance to the military personnel on misconduct and actions against the law, but does not specifically address gifts, conflict of interest, hospitality or post-separation activities.

According to the military law, officials must comply with the country's laws and not obey the orders of their commanders if these break the country's legislation, including the Code of Conduct. Both laws are not widely distributed and there are no oversight mechanisms in place to ensure complaince. Furthermore, the Ethics Commission established in 2004 is not operational and the laws are not effectively enforced.

COMMENTS -+

(Law): Ley Ordenanzas Militares para las Fuerzas Armadas de la República de Guinea Ecuatorial 10/1980 (Military Law)
http://cesge.org/index.php?option=com_phocadownload&view=category&id=5&Itemid=71

(Law): Ley Relativo a la Ética y la Dignidad en el Ejercicio de la Función Pública, 2004 (Ethics Law)
http://www.opensocietyfoundations.org/sites/default/files/f-obiang-prize-funding-investigation-request-annexes-20100610_0.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

SOURCES -+

Opinion: Agree with Comments

Comment: As with most of the few anti-corruption or oversight frameworks that exist, compliance and implementation measures are rarely enforced or published in Equatorial Guinea, particularly where defence and security institutions are concerned.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

48.
score
1

Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?

Researcher4130: According to the sources consulted, Equatorial Guinea does not effectively implement its Code of Conduct, despite the creation of an Ethics Commission. There is evidence that the Ethics Commission is not operational and lacks independence as the President appoints the authorities without parliamentary oversight.

In 2014 the Ministry of Public Administration conducted an in-situ inspection and despite finding clear breaches to the code of conduct no investigations were opened. There is evidence from media and civil society reports that suggests that the prosecutions of public officials are mostly politically motivated - this was the case of a political refugee who was kidnapped while vacationing in Nigeria and was subject to a summary case by a Military Tribunal, or the case against an individual who was working with the Second Vice President for defence and Security and was prosecuted for embezzlement.

Two soldiers from Equatorial Guinea UN troops were implicated in the alleged sexual abuse of children between December 2013 and June 2014, according to a U.N. report leaked in April 2015. No evidence could be found to indicate there have been any repercussions for the soldiers involved.

COMMENTS -+

(News article): Equatorial Guinea Press and Information Office, Inspección sorpresa de la Ministra de la Función Pública, May 7, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5138

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report to the Universal Period Review, February 3, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(Publication): Human Rights Watch, Country Report Equatorial Guinea, 2014
http://www.hrw.org/world-report/2014/country-chapters/equatorial-guinea

(News Article): El Confidencial, El maririo de Cipriano Nguema Mba, January 18, 2014
http://geconfidencial.blogspot.com/2014/01/el-martirio-de-cipriano-nguema-mba.html

(News article): Human Rights Watch, Equatorial Guinea: Halt Prisoner Torture, July 30, 2014
http://www.hrw.org/news/2014/07/30/equatorial-guinea-halt-prisoner-torture

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(News Article): Reuters, U.N.'s Central Africa force hit with new misconduct allegations, September 14, 2015. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=40693:uns-central-africa-force-hit-with-new-misconduct-allegations&catid=56:diplomacy-a-peace&Itemid=111

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

49.
score
0

Does regular anti-corruption training take place for military and civilian personnel?

Researcher4130: No recent evidence could be found indicating that any anti-corruption training is offered by the government for its defence personnel.

In 2010 the United Nations Economic Commission for Africa and the African Union Advisory Board on Corruption conducted a workshop with senior officials on anti-corruption.

Since 2010, there have been some efforts to conduct training with personnel, particularly as the country attempts to join the Extractive Industries Transparency Initiative. These training efforts are not systematic and regular, and are directed only towards selected personnel, but there is no evidence to suggest that personnel in sensitive positions is included in these trainings.

According to the sources interviewed the selection of personnel for training is discretionary and depends on the relevant Minister; there is no public information available to corroborate.

COMMENTS -+

(Publication): United Nations Economic Commission for Africa and the African Union Advisory Board on Corruption, Combating Corruption, Improving Governance in Africa Program 2011-2016
http://www.uneca.org/sites/default/files/publications/combating-corruption-improving-governance-in-africa-2011-2016.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas públicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(Interview): Interview with Interviewee 1, Civil Society Organization employee, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 6, government official, January 22, 2015, Equatorial Guinea.

SOURCES -+

Opinion: Agree with Comments

Comment: Any modicum of anti-corruption training carried out is likely to serve as a box-ticking exercise to demonstrate some compliance as a means for accession to or qualification for an external scheme requiring it, and not as a sincere effort to reform the status quo in the institutions of government.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

50.
score
0

Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?

Researcher4130: Military involvement in corrupt and criminal activities has been documented through different reports. Despite the government’s acknowledgement of the situation and the public commitment to apply the law and prosecute those guilty of corrupt activities, the cases prosecuted have been mainly politically motivated particularly in the defence sector.

Military personnel prosecuted in the past were mainly the result of a clash with the political elite. There is no evidence of a policy to make public the outcomes of the prosecution of defence personnel. Several police officers were detained in September 2013 accused of robbery, but no case was opened and the results of the prosecution were not made publicly available. This was also the case of a political refugee that was kidnapped while vacationing in Nigeria and was subject to a summary case by the Military Tribunal.

There were several reports the government or its agents committed arbitrary or unlawful killings, sexual assault and using torture and excessive force. An increase in violent crime during the year was widely attributed to military and national security personnel.

The US State Department report on Equatorial Guinea states that impunity continued to be a problem as criminal acts by defence personnel are rarely prosecuted. Its 2014 report on human rights notes that the justice system in Equatorial Guinea is weak, that the government does not respect the Constitutional requirement of an independent judiciary and that many individuals do not receive a fair trial. The military justice system does not provide defendants with the same rights as the civil criminal courts. According to the UN Working Group on Arbitrary Detention, “judges and defenders in military courts were not lawyers or jurists, but military officers with no legal training.”

The armed and security forces act with impunity when dealing with individuals deemed a threat to the existing power structure. For instance, a second lieutenant and military instructor was killed in front of his house in the main continental city of Bata, in the early morning of 16 November, according to the independent Radio Macuto. The soldier had reportedly criticised the National Dialogue of the ruling party as a &quoute;farce&quoute; and said it was &quoute;time that [President] Obiang leaves power, with all of his family&quoute;.

COMMENTS -+

(Publication): Office of the High Commissioner for Human Rights, Equatorial Guinea´s National Report to the Universal Period Review, February 3, 2014
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/107/30/PDF/G1410730.pdf?OpenElement

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Diario Rombe, Obiang reconoce el aumento de la criminalidad en Guinea, January 15, 2014
http://www.diariorombe.es/obiang-reconoce-el-aumento-de-la-criminalidad-en-guinea/

(News Article): Equatorial Guinea Press and Information Office, Solemne apertura del Año Judicial 2014, January 16, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=4705

(News Article): Radio Macuto, Los Policías Municipales Siguen con sus Miradas de Lince sobre los Chóferes, June 21, 2014
http://radiomacuto.info/los-policias-municipales-siguen-con-sus-miradas-de-lince-sobre-los-choferes/

(News Article): El Comisario Jefe Superior de la Policía de Bata Implicado en un asunto de Extorsión y Robo a Mano Armada, Radio Macuto, September 30, 2013
http://radiomacuto.info/el-comisario-jefe-superior-de-la-policia-de-bata-implicado-en-un-asunto-de-extorsion-y-robo-a-mano-armada/

(News Article): Diario Rombe, Flash: Detenciones de militares en la Ciudad de Bata, September 30, 2013
http://www.diariorombe.es/algo-gordo-esta-sucediendo-en-la-ciudad-de-bata/

(News Article): El Confidencial, El maririo de Cipriano Nguema Mba, January 18, 2014
http://geconfidencial.blogspot.com/2014/01/el-martirio-de-cipriano-nguema-mba.html

(News Article): Diario Rombe, El Juicio de Cipriano Nguema fue suspendido hasta nueva orden, September 12, 2014
http://www.diariorombe.es/el-juicio-de-cipriano-nguema-fue-suspendido-hasta-nueva-orden/

(News article): Human Rights Watch, Equatorial Guinea: Halt Prisoner Torture, July 30, 2014
http://www.hrw.org/news/2014/07/30/equatorial-guinea-halt-prisoner-torture

(Publication): US State Department, “Country Report on Human Rights Practices for 2014,” 2014. http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2014&dlid=236354#wrapper

IHS Jane’s Country Risk Daily Report, “Political killings in Equatorial Guinea heighten risks of fighting between rival branches of the security forces,” November 18, 2014. http://www.janes.com/article/45902/political-killings-in-equatorial-guinea-heighten-risks-of-fighting-between-rival-branches-of-the-security-forces

SOURCES -+

Opinion: Agree with Comments

Comment: The US State Department report on Equatorial Guinea states that criminal acts by defence personnel are rarely prosecuted:

&quoute;The government did not take steps to prosecute or punish officials who committed human rights abuses and itself committed such acts with impunity. It did not maintain effective internal or external mechanisms to investigate security force abuses.&quoute;

Security forces act with impunity when dealing with individuals deemed a threat to the existing power structure.

For instance, a second lieutenant and military instructor from the Equatoguinean army, Juan Engonga, was killed in front of his house in the main continental city of Bata, in the early morning of 16 November, according to the independent Radio Macuto.
According to the report, Engonga had criticised the National Dialogue of the ruling party as a &quoute;farce&quoute; and said it was &quoute;time that [President] Obiang leaves power, with all of his family&quoute;.
At 0400 hours local time, two armoured police vehicles with 10 armed police officers arrived at his residence to arrest him. When Engonga allegedly resisted his arrest, he was killed by four shots to the head. There have been no reported prosecutions for the murder.
Source: IHS Jane's Country Risk Daily Report, Nov 2014

There are no public reports immediately available describing prosecution of security personnel for corruption, however, though it is likely that prosecuting violations of the anti-corruption regulations is not taken seriously.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The reviewer was asked to provide support for the assessor's statement that 'Military personnel prosecuted in the past were mainly the result of a clash with the political elite'. It is statement with which I agree. One example occurred in late 2014 and was reported on quite prominently in anti-Obiang circles (mainly in the diaspora). On 16 November an army office called Juan Engonga was shot dead outside his house in Bata in the early hours of the morning. Four men in military clothing reportedly shot him after two military vehicles had been sent to detain him. The military claimed Engonga resisted arrested and was shot in the ensuing fracas. Engonga was reportedly involved with an overseas-based opposition movement and - it has been suggested - was eager to avoid being tortured and likely killed. Both the president's brother - General Armengol - and oldest son - Teodorin - have been accused in opposition outlets of ordering the arrest.

There is no evidence of a policy to make public outcomes of defence personnel prosecuted for corruption. Nor have I seen evidence of soldiers and military personnel tried for corruption. Having researched the way in which EG is governed over the course of several years, it strikes me as highly unlikely that military personnel (in particular senior officials) would ever be prosecuted other than for political reasons - typically to marginalise someone the president no longer wants in a position of influence.

Suggested score:

Peer Reviewer-+

51.
score
1

Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?

Researcher4130: Corruption constitutes an offence in Equatorial Guinea under the Constitution, the Criminal Code, the Law Regulating Public Finances and the Public Ethics Law, including facilitation payments under the generic bribery category, the law does not make an explicit distinction between bribery and facilitation payments.

The criminal code, which dates from colonial times, is nearly obsolete as it does not meet international standards and has been described by sources consulted as inappropriate for prosecuting specific corruption offences.

In the international cases against the President's son, it was documented that government officials received large amounts of money to facilitate business in the country. According to the source interviewed and as documented by numerous media reports at the lower level, civil servants also use facilitation payments to provide basic services, including health and electricity.

COMMENTS -+

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), article 115 second paragraph.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

Código Penal, 1963 (Criminal Code); articles 198 to 204 and 385 to 393.
http://cesge.org/index.php?option=com_phocadownload&view=category&id=13&Itemid=79

(Law): Ley Relativo a la Ética y la Dignidad en el Ejercicio de la Función Pública, 2004 (Ethics Law) chapters III, IV and V; articles 12 to 23
http://www.opensocietyfoundations.org/sites/default/files/f-obiang-prize-funding-investigation-request-annexes-20100610_0.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): United States Department of State Bureau of Diplomatic Security, Equatorial Guinea 2014 Crime and Safety Report, July 1, 2014
https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=15933

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013.
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: The website http://egjustice.org/sca provides a noticeboard for travelers to the country to describe their experiences with petty corruption while in Equatorial Guinea. Many of these (unofficial, unconfirmed) reports describe an environment in which facilitation payments and attempted extortion are commonplace. These attitudes likely pervade all levels of the business sector and indeed occur in bidding and tenders in the natural resource extraction industry as described by the assessor.

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Riggs Bank scandal (http://www.hsgac.senate.gov//imo/media/doc/ACF5F8.pdf?attempt=2) and subsequent reporting (http://www.motherjones.com/politics/2005/01/obiang-equatorial-guinea-oil-riggs) demonstrates the way in which the small group of people which runs EG have sought to enrich themselves through the companies which invest in their country. Conversations I have had over recent years indicate the system remains in place.

Suggested score:

Peer Reviewer-+

Training 60
52.
score
0

Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?

Researcher4130: The President of Equatorial Guinea has recognized the challenge of corruption and the involvement of security and defence officers but the country has no known military doctrine addressing corruption issues for peace and conflict.

Two soldiers from Equatorial Guinea UN troops were implicated in the alleged sexual abuse of children between December 2013 and June 2014, according to a U.N. report leaked in April 2015. No evidence could be found to indicate there have been any repercussions for the soldiers involved.

COMMENTS -+

(News Article): Diario Rombe, Obiang reconoce el aumento de la criminalidad en Guinea, January 15, 2014
http://www.diariorombe.es/obiang-reconoce-el-aumento-de-la-criminalidad-en-guinea/

(News Article): Equatorial Guinea Press and Information Office, Solemne apertura del Año Judicial 2014, January 16, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=4705

(Interview): Interview with interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview with interviewee 5, civil society organization, August 5, 2014, Equatorial Guinea.

(News Article): Reuters, U.N.'s Central Africa force hit with new misconduct allegations, September 14, 2015. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=40693:uns-central-africa-force-hit-with-new-misconduct-allegations&catid=56:diplomacy-a-peace&Itemid=111

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

53.
score
0

Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?

Researcher4130: Corruption is endemic in Equatorial Guinea and it has been documented that military officers are involved in corrupt activities. While the President and high-level officials have made public statements on the need to tackle corruption and apply the law, there is no evidence to suggest the government is taking any efforts to prevent corruption within the armed forces. While there have been some anti-corruption workshops, it is not clear if commanders have been involved.

There is no information available whether the military have conducted specific trainings to address corruption when deployed.

COMMENTS -+

(News Article): Diario Rombe, Los militares de Carmelo alias Didi, October 26, 2013
http://www.diariorombe.es/los-militares-de-carmelo-alias-didi/

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(Publication): United Nations Economic Commission for Africa and the African Union Advisory Board on Corruption, Combating Corruption, Improving Governance in Africa Program 2011-2016
http://www.uneca.org/sites/default/files/publications/combating-corruption-improving-governance-in-africa-2011-2016.pdf

(News Article): Equatorial Guinea Press and Information Office, China will fund more projects with Equatorial Guinea, November 22, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=4507

(News Article): Equatorial Guinea Press and Information Office, The President receives the Russian Ambassador, November 23, 2011
http://www.guineaecuatorialpress.com/noticia.php?id=4513

SOURCES -+

Opinion: Disagree

Comment: Equatorial Guinea only deploys very small, company-level units outside of the country - most recently to CAR. There have been no publicly released reports of corruption by Equato-Guinean troops in the field, nor of specific training for unit commanders. However, some officers may face a modicum of anti-corruption training on an ad hoc basis before deployment, although it is unclear if this was insisted upon by the African Union prior to the deployment of the Equato-Guinean troops for its multinational intervention force in CAR. The reviewer therefore suggests a score of 1, due to the lack of published evidence of corruption issues being mishandled.

Suggested score: 1

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Senior military officers will almost inevitably be members of President Obiang's family or his Esangui clan or a selected few entirely reliant on the presidential family for their status. Given that many of these individuals will be beneficiaries of a what academics have called a 'criminal state', any training they are given about corruption will be at a rhetorical rather than practical level. This is not said lightly or flippantly. It is simply the reality in EG.

Suggested score:

Peer Reviewer-+

54.
score
0

Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?

Researcher4130: As of now, there is no evidence to suggest the government deploys personnel to monitor corruption in its operations.

COMMENTS -+

(News Article): Equatorial Guinea Press and Information Office, China will fund more projects with Equatorial Guinea, November 22, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=4507

(News Article): Equatorial Guinea Press and Information Office, The President receives the Russian Ambassador, November 23, 2011
http://www.guineaecuatorialpress.com/noticia.php?id=4513

(Publication): Eugenion Cusumano, Outsourcing military training: the role of security networks in foreign military assistance, European University Institute Department of Political and Social Sciences, 2010
http://www.eisa-net.org/be-bruga/eisa/files/events/stockholm/Outsourcing%20military%20training%20-%20Cusumano.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I think the questions for the government reviewer fail to acknowledge the reality of how secretively and non-transparently EG is run. It is arguably the most centralized dictatorship in Africa and perhaps has the most personalized system of state control. The idea of the government permitting impartial personnel to monitor corruption in EG would be utterly anathema to the way President Obiang runs the country.

See here for the restrictions imposed on election monitors which make it impossible for them to do their jobs properly.
http://www.hrw.org/news/2009/11/24/equatorial-guinea-human-rights-concerns-taint-election
http://www.hrw.org/world-report/2013/country-chapters/equatorial-guinea

Suggested score:

Peer Reviewer-+

55.
score
0

Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?

Researcher4130: Equatorial Guinea lacks a legal framework for public procurement and formal institutional procedures. There is no evidence that suggests that the government has developed guidelines or trainings on procurement while overseas.

No contracts have been made available to the public, despite the large spending in recent years on military and security equipment sourced overseas as it has been documented by international think tanks. Given the lack of clearly defined procurement processes there is wide discretionary authority within each Ministry and agency, and the country has acknowledged in the International Monetary Fund Consultation Staff Report the lack of technical capacity to award contracts and inspect projects.

COMMENTS -+

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas públicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

56.
score
0

Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.

Researcher4130: Equatorial Guinea has increased its military spending in the last few years, the last data suggests a spending of more than 50% of its annual budget, including contracting private military firms. In 2010, the government signed a contract of USD250 million dollars with the US company MPRI to conduct extensive trainings with the police and armed forces for maritime protection.

Despite the fact that private military contractors are employed, there is no evidence to suggest that they are subject to scrutiny, as the country lacks internal and external controls. According to interviews and media reports, corruption practices are widespread across all private sector industries, including military firms which usually partner with national government officials to operate.

COMMENTS -+

(News Article): Equatorial Guinea Press and Information Office, Guinea Ecuatorial firma un contrato de seguridad marítima con la empresa MPRI, June 8, 2010
http://www.guineaecuatorialpress.com/noticia.php?id=591

(Publication): Eugenion Cusumano, Outsourcing military training: the role of security networks in foreign military assistance, European University Institute Department of Political and Social Sciences, 2010
http://www.eisa-net.org/be-bruga/eisa/files/events/stockholm/Outsourcing%20military%20training%20-%20Cusumano.pdf

(News Article): Adam Nossiter, U.S. Engages With an Iron Leader in Equatorial Guinea, The New York Times, May 31, 2011
http://www.nytimes.com/2011/05/31/world/africa/31guinea.html?pagewanted=all&_r=0

(News Article): Diario Rombe, La Guerra entre Nguema Obiang y Carmelo Obiang, October 5, 2013
http://www.diariorombe.es/la-guerra-entre-nguema-obiang-y-carmelo-obiang/

(Interview): Interview with interviewee 5, civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with interviewee 6, government official, January 22, 2015, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: I would add that President Obiang is well-known to be suspicious of PMCs on account of their role in the 2004 coup which tried to unseat him. Nevertheless, his government does employ them and their operations/contracts are submitted to no meaningful external scrutiny within EG.

Suggested score:

Peer Reviewer-+

Personnel 50
57.
score
0

Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?

Researcher4130: Equatorial Guinea lacks a legal framework for public procurement and formal institutional procedures. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas) but it's not clear if this covers defence and security procurement.

There is no centralized agency tasked with issuing bids; in 2014 few bids were made publicly available, but this did not include the defence and security sectors. No contracts have been made publicly available, despite the large spending in recent years on military and security equipment sourced from abroad. Given the lack of clearly defined procurement processes there is wide discretionary authority within each Ministry and agency.

The most common standard form of public procurement in the country is non-competitive single sourcing. GE projects is the institution responsible for providing technical assistance to Ministries and agencies on infrastructure projects, but it has not issued a standardized format for the procurement process and does not provide oversight. The country has acknowledged the lack of technical capacity to award contracts and inspect projects.

RESPONSE TO PEER REVIEWER 1: While the government did issue a press release regarding the commissioning of the frigate 'Wele Nzas', this does not indicate that the government issued a public tender.

COMMENTS -+

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Equatorial Guinea Press and Information Office, Licitación pública del Proyecto de Informatización de la Administración Pública, July 12, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5402

(News article): Equatorial Guinea Office of Press and Information, S. E. Obiang Nguema Mbasogo inaugura varias infraestructuras la víspera de su 70 cumpleaños, June 5, 2012
http://www.guineaecuatorialpress.com/noticia.php?id=2710&lang=es

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas públicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(News Article): World Folio, Bridging public and private interests for the nation's future, September 2012
http://www.worldfolio.co.uk/region/africa/equatorial-guinea/tarcisio-obama-nzeng-chairman-of-proyectos-equatorial-guinea-n1644

(News Article): Defence Web, Israel preparing to deliver two OPV to Equatorial Guinea Navy, January 17, 2011
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=13049:israel-preparing-to-deliver-two-opv-to-equato-guinea-navy-&catid=51:Sea&Itemid=106

(News Article): Equatorial Guinea Press and Information Office, Guinea Ecuatorial firma un contrato de seguridad marítima con la empresa MPRI, June 8, 2010
http://www.guineaecuatorialpress.com/noticia.php?id=591

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(News Article): Equatorial Guinea commissions new frigate, Defence Web, June 24, 2014. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=35203:equatorial-guinea-commissions-new-frigate&catid=51:Sea&Itemid=106

(Website): Government of the Republic of Equatorial Guinea, “The new frigate Wele-Nzas,” June 11, 2014. http://www.guineaecuatorialpress.com/noticia.php?id=5280&lang=en

SOURCES -+

Opinion: Agree with Comments

Comment: The requests for bids or tenders have been publicly issued by the government for big ticket items, including for the manufacture and delivery of the navy's flag ship, the Wele Nzas, in 2014, from Ukrainian shipbuilder MTG Dolphin, which appears to have been single sourced.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

58.
score
0

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

Researcher4130: There is no legal framework for public procurement and institutionalized procedures in Equatorial Guinea. Furthermore there is no centralized agency tasked with issuing bids; in 2014 few bids were made publicly available, but did not include the defence and security sectors.

As a result government officials have wide discretionary authority and there is no evidence to suggest a formalized defence procurement cycle exists, despite the increased spending on military and security equipment.

According to the sources interviewed most procurement decisions are made by the Second Vice President for defence and Security, the President´s son, and the procurement is not subject to any scrutiny or oversight. No information has been disclosed to the public regarding the security and defence sectors.

COMMENTS -+

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): Equatorial Guinea Press and Information Office, El Gobierno estudia introducir mecanismos para la transparencia en empresas públicas, November 2, 2013
http://guineaecuatorialpress.com/noticia.php?id=4419&lang=es

(News Article): World Folio, Bridging public and private interests for the nation's future, September 2012
http://www.worldfolio.co.uk/region/africa/equatorial-guinea/tarcisio-obama-nzeng-chairman-of-proyectos-equatorial-guinea-n1644

(News Article): Defence Web, Israel preparing to deliver two OPV to Equatorial Guinea Navy, January 17, 2011
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=13049:israel-preparing-to-deliver-two-opv-to-equato-guinea-navy-&catid=51:Sea&Itemid=106

(News Article): Equatorial Guinea Press and Information Office, Guinea Ecuatorial firma un contrato de seguridad marítima con la empresa MPRI, June 8, 2010
http://www.guineaecuatorialpress.com/noticia.php?id=591

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

59.
score
0

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

Researcher4130: Equatorial Guinea lacks a legal framework and institutionalized procedures for procurement, including no oversight mechanisms. There are no internal or external audits of procurement.

The Supreme Audit Institution was created in 2012 by the Constitution, but its independence is not guaranteed in the legal framework. The President can name and remove the SAI authorities without parliamentary oversight. Despite that a regulatory framework was approved in 2012, the SAI is not operating yet and is not clear whether it will establish mechanisms for procurement oversight.

Parliament´s Rules of procedure are not easily accessible and there is no clarity to whether there is a mandate to create a defence and Security Committee within Parliament. According to the sources surveyed there is a defence and Security Committee within the Parliament but in practice does not conduct any oversight activities.

GE projects is the institution responsible for providing technical assistance to Ministries and agencies on infrastructure projects, but it has not issued a standardized format for procurement process and does not provide oversight. The country has acknowledged in the International Monetary Fund Consultation Staff Report the lack of technical capacity to award contracts and inspect projects.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

60.
score
0

Are actual and potential defence purchases made public?

Researcher4130: While the country continues to have large investments, the government of Equatorial Guinea continues to lack a competitive bid process and does not publicize any plan or actual defence purchases. According to the source interviewed, multilateral institutions' reports and media reports, Heads of Ministries continued to decide large contracts on a single-source non-competitive basis, and companies require national partners, who usually are high-level officials.

In the past some government purchases have been made available through other sources. Procurement of technology is more frequently made public by the supplier country or organisation. Reports of the arrival of new equipment are rather often made by the government upon receipt and not in the bidding or tender process, if one exists, in unveiling or commissioning ceremonies. For instance, the government did issue a press release regarding the commissioning of the frigate 'Wele Nzas', however, this is more of an exception than the rule.

According to the sources consulted Israel and Ukraine are amongst the main arms providers to Equatorial Guinea. In 2008 the country placed arms orders worth up to $100 million to Israel and 2% of Ukraine's arms exports were destined to Equatorial Guinea (according to the report consulted &quoute;Ukraine does not report on the total value of arms exports or provide a breakdown of the value of export licences issued or actual exports by recipient, and so the value of arms exports to sub-Saharan Africa is not known&quoute;).

Purchases were not made available and there is no aggregated data on total spending publicly available.

COMMENTS -+

(Interview): Interview with interviewee 2, Civil servant, August 8, 2014, Equatorial Guinea.

(News Article): Equatorial Guinea Press and Information Office, Licitación pública del Proyecto de Informatización de la Administración Pública, July 12, 2014
http://www.guineaecuatorialpress.com/noticia.php?id=5402

(News Article): Radio Macuto, Los Ingresos Petroleros Llevan una Triple Contabilidad, June 19, 2014
http://radiomacuto.info/los-ingresos-petroleros-llevan-una-triple-contabilidad/

(Publication): African Development Bank, UNDP and OECD, African Economic Outlook Equatorial Guinea 2014
http://www.africaneconomicoutlook.org/fileadmin/uploads/aeo/2014/PDF/CN_Long_EN/Guine_equatoriale_EN.pdf

(Publication): The Economist, Political Forecast: Equatorial Guinea, April 11, 2014
http://country.eiu.com/article.aspx?articleid=1911717775&Country=Equatorial%20Guinea&topic=Politics&subtopic=Forecast&subsubtopic=Political+stability&u=1&pid=601767044&oid=601767044&uid=1

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

(News Article): Equatorial Guinea commissions new frigate, Defence Web, June 24, 2014. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=35203:equatorial-guinea-commissions-new-frigate&catid=51:Sea&Itemid=106

(Website): Government of the Republic of Equatorial Guinea, “The new frigate Wele-Nzas,” June 11, 2014. http://www.guineaecuatorialpress.com/noticia.php?id=5280&lang=en

SOURCES -+

Opinion: Disagree

Comment: 1

Suggested score: 1

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

61.
score
0

What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?

Researcher4130: Given that there is no central agency responsible for issuing bids, government officials are vested with wide discretionary authority and single-source non-competitive is the most common form of public procurement. Furthermore it is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas).

On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. There is not an explicit prohibition to ban companies from bidding if found guilty of breaking the law, including corruption provisions.

Companies must comply with general laws, which in some cases are dated to colonial times and there is no evidence to suggest the government requires private companies to have any sort of integrity standards to bid for work in the Ministry of Security or defence. In 2014, a few bids were made publicly available, but did not include the defence and security sectors. The country has acknowledged the lack of technical capacity to award contracts and inspect projects.

COMMENTS -+

(Publication): African Development Bank, UNDP and OECD, African Economic Outlook Equatorial Guinea 2014
http://www.africaneconomicoutlook.org/fileadmin/uploads/aeo/2014/PDF/CN_Long_EN/Guine_equatoriale_EN.pdf

(News Article): Publico, Empresarios españoles denuncian la inseguridad jurídica en Guinea Ecuatorial, March 24, 2014
http://www.publico.es/dinero/509499/empresarios-espanoles-denuncian-la-inseguridad-juridica-en-guinea-ecuatorial

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): José María Irujo, The high price of doing business in Equatorial Guinea, El País, April 3, 2013. http://elpais.com/elpais/2013/04/03/inenglish/1365000844_044894.html

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

62.
score
0

Are procurement requirements derived from an open, well-audited national defence and security strategy?

Researcher4130: No evidence could be found to indicate the existence of a defence and security strategy. According to the sources interviewed there is no national defence and security strategy. There is no information easily accessible on the sector overall neither online nor in paper.

Even if there is a defence strategy, audit verification does not appear to take place since the SAI created in the Constitution in 2012 is not yet in operation and the appointment authority of the President undermines its independence. Furthermore, Parliament is controlled by the ruling party, which holds 99% of the seats. As a result there is no agency conducting audits to the national strategies, including the defence and security sectors. The country lacks internal and external control mechanisms.

It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mentionthe Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. In addition there are no oversight mechanisms in place. Single source non competitive is the most common form of procurement and the results of a process are not made available.

According to the interviewees, most of the defence procurement decisions are made by the Second Vice President for Security and defence and there is no formal procedure in place based on needs, but rather by the decision of high level government officials. Reports suggest that foreign companies are required to pay fees to move forward with a project.

COMMENTS -+

(Law): Ley Fundamental de Guinea Ecuatorial 2012 (Fundamental Law 2012), articles 115, 117 and 118.
http://www.droit-afrique.com/images/textes/GuineeEq/GE%20-%20Constitution%20FR.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: In 2011 a constitutional amendment made the the holder of a new position - a second vice president with responsibility for defence and security - the most senior defence official in EG. President Obiang is thought to have amended the constitution for several reasons, one of which was an effort to transfer control of the defence sector and military from his brothers - Generals Armengol (then national security advisor) and Antonio (defence minister) - to his eldest son and chosen heir, Teodorin. Teodorin subsequently got appointed to the second vice president position and is now seen to have a large amount of non-scrutinised discretionary control over defence procurement. It is likely only his father has more control and it will be equally lacking in the application of scrutiny or a published strategy.

Suggested score:

Peer Reviewer-+

63.
score
0

Are defence purchases based on clearly identified and quantified requirements?

Researcher4130: There is no evidence to suggest that there is a formal procedure in place for defining purchase requirements.

Transparency and corruption continue to be major challenges in Equatorial Guinea. Information on purchases in the defence sector is rarely accessible, but rather in external sites and only post-purchase. There is no evidence to suggest there is a formal procedure to identify purchase needs, despite the large budget the defence sector has had in previous years.

According to the sources consulted Israel and Ukraine are amongst the main arms providers to Equatorial Guinea. In 2008 the country placed arms orders worth up to $100 million to Israel and 2% of Ukraine's arms exports were destined to Equatorial Guinea (according to the report consulted &quoute;Ukraine does not report on the total value of arms exports or provide a breakdown of the value of export licences issued or actual exports by recipient, and so the value of arms exports to sub-Saharan Africa is not known&quoute;). No information was provided on the purchase needs.

According to the interviewees, most of the defence procurement decisions and purchases are made by the Second Vice President for Security and defence and there is no formal procedure in place based on needs, but rather by the decision of high level government officials. There is no other information available verify the decision making process.

COMMENTS -+

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

(News Article): Alpers, Philip and Marcus Wilson, Guinea Ecuatorial — Datos sobre armas, figures y leyes. Sydney School of Public Health, The University of Sydney. GunPolicy.org, May 13, 2014 http://www.gunpolicy.org/es/firearms/region/equatorial-guinea

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organization official, August 5, 2014, Equatorial Guinea.

Government of the Republic of Equatorial Guinea, An Equatorial Guinean contingent on a mission against piracy, November 12, 2013. http://www.guineaecuatorialpress.com/noticia.php?id=4461&lang=en

SOURCES -+

Opinion: Disagree

Comment: Certainly, Equatorial Guinea's drive to expand and improve its navy in the past 7 years - including the purchase of two significant corvettes, the Bata and the Wele Nzas - stems from the increased rates of maritime piracy in the Gulf of Guinea, implying that there is a modicum of pragmatism to the government's prioritisation of naval assets to protect its offshore oil and gas infrastructure. Therefore the reviewer suggests a score of 2.

Suggested score: 2

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

64.
score
0

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

Researcher4130: It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. In addition there are no oversight mechanisms in place.

Non-competitive single-sourcing is the most common form of procurement without any institutions that provide checks and balances. There are also no internal and external control mechanisms that provide oversight to public procurement. According to the sources consulted, foreign companies have in the past agreed to pay high amounts in order to obtain a contract, and usually must partner with a government official.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): José María Irujo, The high price of doing business in Equatorial Guinea, El País, April 3, 2013. http://elpais.com/elpais/2013/04/03/inenglish/1365000844_044894.html

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): Tim McDonell, Bribes, favors, and a billion-dollar yacht: Inside the crazy world of the men who do oil companies’ dirty work, Grist, May 14, 2014
http://grist.org/business-technology/bribes-favors-and-a-billion-dollar-yacht-inside-the-crazy-world-of-the-men-who-do-oil-companies-dirty-work/

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

65.
score
0

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

Researcher4130: The country does not have a centralized agency responsible for issuing bids and there is no evidence that suggests that tender boards exist.

It is unclear whether there is regulatory framework on public procurement, let alone tender boards; according to the interviewees there is a Procurement law but it is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. Single sorce non competitive is the most common form of procurement, which gives government officials wide discretionary authority.

Furthermore as the SAI is not yet operational, there is no other agency responsible for conducting inter-ministerial audits. The country lacks internal and external conduct mechanisms. There is only a general code of conduct for public officials but does not specifically regulate procurement processes. According to the sources consulted foreign companies have flagged the lack of legal protection.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): José María Irujo, The high price of doing business in Equatorial Guinea, El País, April 3, 2013. http://elpais.com/elpais/2013/04/03/inenglish/1365000844_044894.html

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(News Article): Publico, Empresarios españoles denuncian la inseguridad jurídica en Guinea Ecuatorial, March 24, 2014
http://www.publico.es/dinero/509499/empresarios-espanoles-denuncian-la-inseguridad-juridica-en-guinea-ecuatorial

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): Open Society Foundation, Corruption and its Consequences : A briefing paper, March 2010
http://www.opensocietyfoundations.org/sites/default/files/equatorial-guinea-20100317.pdf

(News Article): Tim McDonell, Bribes, favors, and a billion-dollar yacht: Inside the crazy world of the men who do oil companies’ dirty work, Grist, May 14, 2014
http://grist.org/business-technology/bribes-favors-and-a-billion-dollar-yacht-inside-the-crazy-world-of-the-men-who-do-oil-companies-dirty-work/


(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

66.
score
0

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

Researcher4130: Equatorial Guinea does not have a wider national legislation to outlaw collusion, nor is there a specific regulation for the defence sector. Equatorial Guinea's most common form of procurement is non-competitive single sourcing, and there is no centralized agency responsible for issuing bids.

The procurement process in the country is not transparent overall and It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mentionthe Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process.

Equatorial Guinea's overall legal framework is outdated, as most of the legislation dates back to colonial times. There is no competition law for procurement and bidding and companies must comply only with a general company law.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): José María Irujo, The high price of doing business in Equatorial Guinea, El País, April 3, 2013. http://elpais.com/elpais/2013/04/03/inenglish/1365000844_044894.html

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

67.
score
0

Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?

Researcher4130: There is no evidence to suggest that defence procurement staff are organised into a professional staff department. There is little control or oversight of procurement and no evidence could be found to comment on staff shortages. According to Defence Web, Equatorial Guinea’s military is considered to be poorly trained, though no information specific to contracting staff could be found to indicate they receive special training.

It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process.

Equatorial Guinea lacks institutionalized procurement procedures, in addition to no centralized agency responsible for issuing bids, there are very few staff responsible for procurement and they are not organized into a professional staff department. Furthermore, non-competitive single sourcing is the most common form of procurement across all agencies, including the defence and security sectors, and government officials have wide discretionary authorities.

According to the interviewees, most of the defence procurement decisions and purchases are made by the Second Vice President for Security and defence and there is no formal procedure in place based on needs, but rather by the decision of high level government officials. There is no evidence to suggest the government conducts trainings for procurement staff to ensure contractors meet their obligations. In the Consultation Staff Report of the IMF the country has acknowledged the limited capacity to award contracts and inspect projects.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News Article): La Informacion, Guinea Ecuatorial se interesa en adquirir material militar en Sudáfrica, November 5, 2011
http://noticias.lainformacion.com/disturbios-conflictos-y-guerra/armas/guinea-ecuatorial-se-interesa-en-adquirir-material-militar-en-sudafrica_KYINcVpnxBRBWXck92vCc2/

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organisation official, August 5, 2014, Equatorial Guinea.

(Website): Defence Web, Equatorial Guinea, April 30, 2013. http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=30337:equatorial-guinea&catid=119:african-militaries

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Procurement decisions will be made at the highest level between President Obiang, his eldest son (the most senior defence official) and other select presidential appointees. They will be made with minimal oversight and any oversight would be presidentially-condoned and lacking in impartiality.

Suggested score:

Peer Reviewer-+

68.
score
0

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

Researcher4130: Equatorial Guinea does not have mechanisms in place to receive citizens’ feedback and complaints in general.

Specifically there are no mechanisms in place for companies to complain about malpractice in procurement, or other irregularities. According to the sources consulted, foreign companies have limited protection and it has been documented that foreign investors are subject to discretionary decisions. Over the past few years there have been several cases of businessmen who have been prosecuted due to political motivations. Foreign companies must partner with nationals in order to operate.

COMMENTS -+

(News Article): José María Irujo, The high price of doing business in Equatorial Guinea, El País, April 3, 2013. http://elpais.com/elpais/2013/04/03/inenglish/1365000844_044894.html

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(News Article): Publico, Empresarios españoles denuncian la inseguridad jurídica en Guinea Ecuatorial, March 24, 2014
http://www.publico.es/dinero/509499/empresarios-espanoles-denuncian-la-inseguridad-juridica-en-guinea-ecuatorial

(News article): Sea Tradem, 'Some evidence' of African govt officials bribes: SBM Offshore, April 2, 2014
http://www.seatrade-global.com/news/americas/sbm-offshore-finds-some-evidence-of-african-govt-officials-payments.html

(News Article): Tim McDonell, Bribes, favors, and a billion-dollar yacht: Inside the crazy world of the men who do oil companies’ dirty work, Grist, May 14, 2014
http://grist.org/business-technology/bribes-favors-and-a-billion-dollar-yacht-inside-the-crazy-world-of-the-men-who-do-oil-companies-dirty-work/

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(Publication): World Bank, Doing Business: Equatorial Guinea, 2014
http://www.doingbusiness.org/reports/~/media/GIAWB/Doing%20Business/Documents/Profiles/Country/GNQ.pdf

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

69.
score
0

What sanctions are used to punish the corrupt activities of a supplier?

Researcher4130: The government relies mainly on the Criminal Code to punish corrupt activities of companies; there are no specific sanctions from a procurement perspective. It is unclear whether there is regulatory framework on public procurement - according to the interviewees there is a Procurement law but is not publicly available.

The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process.

Sanctions have rarely been imposed, and it has been observed that the cases prosecuted have been politically motivated. The evidence suggests that corruption is widespread within the administration, including procurement in the defence and security sectors. Foreign companies have to partner with nationals in order to operate; this includes high-level officials from the defence and security agencies.

COMMENTS -+

(News Article): World Organization Againts Torture, Equatorial Guinea: Serious concerns for the safety of Mr Roberto Berardi, an Italian businessman currently detained in the prison of Bata, February 28, 2014
http://www.omct.org/urgent-campaigns/urgent-interventions/equatorial-guinea/2014/02/d22576/

(News Article): Publico, Empresarios españoles denuncian la inseguridad jurídica en Guinea Ecuatorial, March 24, 2014
http://www.publico.es/dinero/509499/empresarios-espanoles-denuncian-la-inseguridad-juridica-en-guinea-ecuatorial

(News Article): Nvo Zang Okenve, El Estado imposible o la complejidad del Caos Guineano, Radio Macuto, September 3, 2013
http://radiomacuto.info/el-estado-imposible-o-la-complejidad-del-caos-guineano/

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviwee 1, civil society organization official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

70.
score
0

When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?

Researcher4130: The evidence suggests that corruption is endemic in Equatorial Guinea and there is very limited information on public procurement, particularly in the defence and security sectors. According to the sources interviewed there is no information available on whether the country issues defence offset contracts.

News sources indicate that offset agreement do appear to take place. A news article states that “Continued significant investments by the Equatoguinean government and foreign companies are contributing to the nation’s ability to address the challenges it faces. In their drive to further CSR goals, many companies are investing not only in the specific assets associated with their operations, but in community projects and initiatives.”

According to interviewees, the country signs contracts with private companies, which then coordinate with their respective countries and Equatorial Guinea, to work out a deal in exchange for oil. This is particularly the case of China and construction contracts, including for the Ministry of Security and defence but there is no public information available to verify these assertions. The sources explained that the Embassy of China pays directly to the private companies and in exchange receives oil bonds, but no further information is available to suggest the government will impose due diligence and address corruption risks in these contracts either.

Furthermore, interviewees suggested that it could be assumed no anti-corruption and due diligence requirements will be in place if offset contracts were actually signed, given the lack of internal and external controls. In addition the SAI is not yet operational and there is no other agency responsible for conducting inter-ministerial audits.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization employee, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 2, civil servant, August 8, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(News Article): China International Offshore Oil and Gas Exhibition, Equatorial Guinea, Sinochem Sign Preliminary Crude-Oil Agreement , July 14, 2012 http://www.ciooe.com.cn/2013/en/News/IndustrialNews/733.html

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Website): Out-Law.Com, Chinese deals to boost power and industry sectors in Equitorial Guinea, May 6, 2015. http://www.out-law.com/en/articles/2015/may/chinese-deals-to-boost-power-and-industry-sectors-in-equitorial-guinea--/

(News Article): The New Economy, An equitable company, June 12, 2013. http://www.theneweconomy.com/strategy/an-equitable-company

(Website): Offshore Energy Today.Com, “E. Guinea, Hess strengthen partnership,” April 10, 2014. http://www.offshoreenergytoday.com/e-guinea-hess-strengthen-partnership/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

71.
score
0

Does the government make public the details of offset programmes, contracts, and performance?

Researcher4130: The government is known to be involved in offset contracts and programmes, but does not make any details of them transparent.

Interviewees explained that the country signs contracts with private companies, which then coordinate with their respective countries in exchange for oil; this is particularly the case with China, and construction contracts, including some with Ministry of Security and defence. The sources explained that the Embassy of China pays directly to the private companies and in exchange receives oil bonds, and that there is no evidence to suggest the government will impose due diligence and address corruption risks in these contracts.

Furthermore, interviewees suggested it could be assumed that the government will not publish any information and provide basic details if offset contracts were actually signed.

COMMENTS -+

(Interview): Interview with Interviewee 1, Civil society organization official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 2, civil servant, August 8, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(News Article): China International Offshore Oil and Gas Exhibition, Equatorial Guinea, Sinochem Sign Preliminary Crude-Oil Agreement , July 14, 2012 http://www.ciooe.com.cn/2013/en/News/IndustrialNews/733.html

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Website): Out-Law.Com, Chinese deals to boost power and industry sectors in Equitorial Guinea, May 6, 2015. http://www.out-law.com/en/articles/2015/may/chinese-deals-to-boost-power-and-industry-sectors-in-equitorial-guinea--/

(News Article): The New Economy, An equitable company, June 12, 2013. http://www.theneweconomy.com/strategy/an-equitable-company

(Website): Offshore Energy Today.Com, “E. Guinea, Hess strengthen partnership,” April 10, 2014. http://www.offshoreenergytoday.com/e-guinea-hess-strengthen-partnership/

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

72.
score
0

Are offset contracts subject to the same level of competition regulation as the main contract?

Researcher4130: The evidence suggests that corruption is endemic in Equatorial Guinea and there is very limited information on public procurement, particularly in the defence and security sectors.

There is no evidence to suggest the government will impose due diligence and address corruption risks in these contracts, nor any indicating that there are competition regulations in the country. Reports from multilateral institutions identify single tender as the most common form of procurement in the country and there is a lack of internal and external controls over this process.

Interviewees explained that the country signs contracts with private companies, which then coordinate with their respective countries; this is particularly the case with China and construction contracts, including for the Ministry of Security and defence: the Chinese Embassy pays directly to the private companies as a result of the trade between China and Equatorial Guinea on credit for oil. The credit-oil agreement between China and Equatorial Guinea has been documented by international media.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News Article): China International Offshore Oil and Gas Exhibition, Equatorial Guinea, Sinochem Sign Preliminary Crude-Oil Agreement , July 14, 2012 http://www.ciooe.com.cn/2013/en/News/IndustrialNews/733.html

(Interview): Interview with Interviewee 1, Civil society organisation official, August 5, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 2, civil servant, August 8, 2014, Equatorial Guinea.

(Interview): Interview with Interviewee 3, lawyer, August 5, 2014, Equatorial Guinea.

(Website): Out-Law.Com, Chinese deals to boost power and industry sectors in Equitorial Guinea, May 6, 2015. http://www.out-law.com/en/articles/2015/may/chinese-deals-to-boost-power-and-industry-sectors-in-equitorial-guinea--/

(News Article): The New Economy, An equitable company, June 12, 2013. http://www.theneweconomy.com/strategy/an-equitable-company

(Website): Offshore Energy Today.Com, “E. Guinea, Hess strengthen partnership,” April 10, 2014. http://www.offshoreenergytoday.com/e-guinea-hess-strengthen-partnership/

SOURCES -+

Opinion: Agree with Comments

Comment: Much of the ad hoc small defence procurement in the past decade similarly appears to have been single-sourced, mostly from Ukraine.

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

73.
score
0

How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?

Researcher4130: No evidence could be found to suggest that the use of agents is forbidden or regulated. Nor could evidence be found to indicate that the government imposes restrictions on the use of agents and intermediaries, or provides controls.

It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, the African Development Bank highlights the lack of a public procurement regulatory framework that allows for a competitive bidding process. There are no institutional procedures in place and most of the procurement decisions of the security and defence sectors are made by the Second Vice President for Security and defence and high level officials.

As acknowledged by high-level officials in a sworn Affidavit in an South African court cited above, government officials are allowed to partner with foreign companies to win government contracts, which is in itself a form of &quoute;agent&quoute; including in the defence and security sectors. There are no internal and external controls. Further, according to the sources consulted, foreign companies usually rely on national partners to open businesses in the country.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(News Article): Tim McDonell, Bribes, favors, and a billion-dollar yacht: Inside the crazy world of the men who do oil companies’ dirty work, Grist, May 14, 2014
http://grist.org/business-technology/bribes-favors-and-a-billion-dollar-yacht-inside-the-crazy-world-of-the-men-who-do-oil-companies-dirty-work/

(News Article): José María Irujo, La extorsión de los Obiang, El País, March 22, 2014
http://politica.elpais.com/politica/2013/03/22/actualidad/1363976497_597498.html

(News Article): Publico, Empresarios españoles denuncian la inseguridad jurídica en Guinea Ecuatorial, March 24, 2014
http://www.publico.es/dinero/509499/empresarios-espanoles-denuncian-la-inseguridad-juridica-en-guinea-ecuatorial

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviewee 1, civil society organization official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree with Comments

Comment: Based on previous experience of conducting research in EG, companies which wish to operate in EG or sell equipment to the country typically include agents - both local and foreign. These agents will typically operate on the strength of their connections with influential EG officials and not be encumbered - if well-connected - by strong public oversight.

Suggested score:

Peer Reviewer-+

74.
score
0

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

Researcher4130: Equatorial Guinea's defence budget has increased in the last few years, which includes large spending in arm deals as documented by international think tank groups. None of the financial packages were made available prior to the contract and only in very few occasions has the country publicized information on agreements for the defence and security sectors, such as the information published on the technical assistance collaboration with China and Russia available in the government website.

According to the sources consulted Israel and Ukraine are amongst the main arms providers to Equatorial Guinea. In 2008, the country placed arms orders worth up to $100 million to Israel and 2% of Ukraine's arms exports were destined to Equatorial Guinea (according to the report consulted &quoute;Ukraine does not report on the total value of arms exports or provide a breakdown of the value of export licences issued or actual exports by recipient, and so the value of arms exports to sub-Saharan Africa is not known&quoute;).

The financial packages were not made available before the contracts and the information is only available now through external sites, as the government has very limited information available.

COMMENTS -+

(News Article): Defence Web, Israel preparing to deliver two OPV to Equatorial Guinea Navy, January 17, 2011
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=13049:israel-preparing-to-deliver-two-opv-to-equato-guinea-navy-&catid=51:Sea&Itemid=106

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Israeli Arms Transfers To Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

(News Article): Equatorial Guinea Press and Information Office, China will fund more projects with Equatorial Guinea, November 22, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=4507

(News Article): Equatorial Guinea Press and Information Office, The President receives the Russian Ambassador, November 23, 2011
http://www.guineaecuatorialpress.com/noticia.php?id=4513

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

75.
score
0

Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?

Researcher4130: There is no evidence that suggests that the government requires contractors to ensure sub-contractors adopt anti-corruption programs. Furthermore It is unclear whether there is regulatory framework on public procurement; according to the interviewees there is a Procurement law but is not publicly available. The few bids that were made available online mention the Public Procurement Law (Ley de Contrataciones Publicas). On the other hand, a the African Development Bank highlights, there is a lack of a public procurement regulatory framework that allows for a competitive bidding process and there is no centralized agency responsible for issuing bids.

Non-competitive single-sourcing is the most common form of procurement in Equatorial Guinea.

COMMENTS -+

(Publication): African Development Bank, Equatorial Guinea Country Strategy Paper 2013-2017, June 2013.
http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Equatorial%20Guinea%20-%202013-2017%20Country%20Strategy%20Paper.pdf

(Publication) International Monetary Fund, 2012 Article IV Consultation Staff Report, March 2013
http://www.imf.org/external/pubs/ft/scr/2013/cr1383.pdf

(Publication): CEID-GE, Red PerSida, SEJOF, Informe de Sociedad Civil de Guinea Ecuatorial, September 2013.
http://www.egjustice.org/sites/default/files/EPU%20GE%202013%20DRAFT%20CEID.pdf

(Publication): Office High Commissioner for Human Rights, Summary Compilation Equatorial Guinea, February 13, 2014 http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G14/109/45/PDF/G1410945.pdf?OpenElement

(Publication): Country Reports on Human Rights Practices for 2013: Equatorial Guinea; United States Bureau of Democracy, Human Rights and Labor
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220108#wrapper

(Interview): Interview interviewee 8, lawyer, January 25, 2014, Equatorial Guinea.

(Interview): Interview interviwee 1, civil society organization official, August 5, 2014, Equatorial Guinea.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

76.
score
0

How common is it for defence acquisition decisions to be based on political influence by selling nations?

Researcher4130: According to the two sources interviewed, Equatorial Guinea's acquisitions are mostly based on the interest of the President and his inner circle without a reference to military need, furthermore explaining that an important factor of the acquisition is the percentage that the local partner will receive from the contract.

In a US Senate investigation it was widely documented that government officials in the defence and security sectors are usually involved in deals and contracts with private companies. This was the case for example of the company SONAVI, owned by the National Delegate of Security and brother of the President which provides private security services.

Furthermore, the Second Vice President of Security and defence, acknowledged in a sworn affidavit to a South African court that government officials are allowed to partner with foreign companies for government contracts.

While there is no evidence to suggest the decision is politically influenced by the seller nation, the government has not justified any military procurements to the public. Overall there are no examples of the government justifying its defence and security expenditure in any way.

RESPONSE TO PEER REVIEWER: Following the suggested answers in the scoring criteria this statement &quoute;..may not justify its defence and security expenditure at all&quoute; is the closest to the practice in Equatorial Guinea. The government rhetoric is always referring to national security and the impending foreign threats.This is the case for the latest purchase of the Wele-Nzas. But the government rarely justifies its defence and security expenditure, and as such I would suggest to maintain the score.

COMMENTS -+

(Interview) Interview with Interviewee 1, civil society organization, August 5, 2014, Equatorial Guinea.

(Interview) Interview with Interviewee 2, civil servant, August 8, 2014, Equatorial Guinea.

(News Article): Defence Web, Israel preparing to deliver two OPV to Equatorial Guinea Navy, January 17, 2011
http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=13049:israel-preparing-to-deliver-two-opv-to-equato-guinea-navy-&catid=51:Sea&Itemid=106

(Publication): Paul Holtom, Ukrainian Arms Supplies to Sub-Saharan Africa, Stockholm International Peace Research Institute, February 2011
http://books.sipri.org/files/misc/SIPRIBP1102.pdf

(Publication): Siemon T. Wezeman, Israeli Arms Transfers To Sub-Saharan Africa, Stockholm International Peace Research Institute, October 2011
http://books.sipri.org/files/misc/SIPRIBP1110.pdf

(News Article): Equatorial Guinea Press and Information Office, China will fund more projects with Equatorial Guinea, November 22, 2013
http://www.guineaecuatorialpress.com/noticia.php?id=4507

(News Article): Equatorial Guinea, Equatorial Guinea And Russia Discuss Technical, Security And defence Collaboration, November 25, 2013
http://equatorialguineainfo.blogspot.com/2013/11/equatorial-guinea-and-russia-discuss.html

(News Article) Open Society Foundation, Excerpts from the U.S. Case against Teodorin Nguema Obiang of Equatorial Guinea, November 2013
http://www.opensocietyfoundations.org/sites/default/files/briefing-eg-malibu-10282013.pdf

(News Article): The Telegraph, African dictator's son orders £236 million luxury super yacht, February 28, 2011
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/equatorialguinea/8351343/African-dictators-son-orders-236-million-luxury-super-yacht.html

SOURCES -+

Opinion: Agree with Comments

Comment: Political influences are felt in some transactions in the sense that supplier countries make a choice to disregard Equatorial Guinea's corruption and human rights record which precludes other countries from selling it arms, and so the Equatoguinean military is therefore limited in what suppliers it can deal with. In turn, supplier countries are able to charge a premium for second hand equipment.

Suggested score:

Peer Reviewer-+

Opinion: Disagree

Comment: This is hard to answer because military procurement is not often made on the basis of national security - EG is not militarily imperiled by its neighbours - but on the basis on state security - protecting the Obiang regime. The countries with the most significant investments in EG are the US (via its private petroleum companies) and China (which is playing a key investment role in Obiang's efforts to diversify the national economy beyond its current dependence on hydrocarbons). These relations have some impact on who EG buys defence equipment from but the government also uses capable providers from the likes of Israel which suggests that preservation of the Obiang administration versus internal threats remains the paramount factor.

Suggested score: 1

Peer Reviewer-+