Fundamental Principles of the State

PREAMBLE

We the people of Equatorial Guinea, Conscious of our responsibility before God and history;

Driven by the will to safeguard our independence, organize and consolidate our national unity;

Desirous of upholding the authoritic African spirit of family and community set-up adapted to the new social and legal structures of the modern world;

Conscious of the fact that the charismatic authority of the traditional family is the foundation of the Equato-Guinean Society;

Firmly support the principles of social justice and solemnly reaffirm our attachment to the mental freedoms enshrined in the universal Declaration of Human Rights of 1948;

By virtue of these principles and the free determination of the people;

Adopt the following constitution of the Republic of Equatorial Guinea.

PART- 1

Item 1: Equatorial Guinea shall be a sovereign, independent, republican, unitary, social and democratic state, its supreme values shall be unity, peace, justice, freedom and equality.

Multipartism shall be recognized.

Its official appellation shall be: THE REPUBLIC of EQUATORIAL GUINEA.

Item 2: National sovereignty shall be vested in the people who shall exercise same through election by universal suffrage. Likewise, the duties of the authorities responsible for the management of the state shall be determined by the supreme law and others. No section of the people or any individual shall arrogate to itself or to himself the exercise thereof.

Item 3: The territory of Equatorial Guinea shall comprise: The main land zone known as Rio Muni; the Island of Bioko, Annobon, Corisco, Elobey Grande and Elobey Chico; the adjacent Islets; the fluvial waters; the maritime zone and the continental platform which shall be determined by the law and air space covered.

The state shall fully exercise its sovereignty and shall be reserved the exclusive rights to explore and exploit all mineral resources and hydrocarbons.

The national territory shall be unalienable and invincible.

The state shall (for administrative and economic purposes) be divided into regions provinces, districts and municipalities.

The law shall delimit and denominate the regions, provinces, districts and municipalities. It shall equally determine the space to be occupied by each zone.

Item 4: The official language of the Republic of Equatorial Guinea shall be Spanish; aboriginal languages shall be recognized as an integral part of its national culture.

Its flag shall be three equal horizontal stripes of green, white and red charged with a blue triangle at the extremity close to the flagpole. Its shield shall be engraved in the center of the flag.

Its shield shall establish the law.

Its motto shall be "Unity-Peace-Justice."

Its national anthem shall be the hymn dedicated to the father land on October 12, 1968, day of its proclamation of independence.

Item 5: The principles that shall govern the Equato-Guinean society shall be:

1. The respect of individual, his dignity, freedom and other fundamental rights;
2. The protection of the family, the basis of the Equato-Guinean society;
3. The recognition of all rights and gender equality;
4. The protection of labor;
5. The promotion of the economic development of the nation.
6. The promotion of the social and cultural development of all Equato-Guineans.

Item 6: The state shall encourage and promote culture, the arts and scientific and technological research, and shall ensure the conservation of nature, the cultural heritage and the artistic and historical riches of its nations.

Item 7: The state shall define the sovereignty of its nation, strengthen its unity and ensure the respect of fundamental rights and the promotion of the economic, social and cultural progress of its citizens.

Item 8: The state shall endeavor to follow the principles of international law and shall reaffirm its attachment to the rights and obligations enshrined in the characters of international organizations and bodies of which it shall be member.

Item 9: Political parties shall be integral political organizations of persons who shall associate freely to participate in the political orientation of the state. They shall represent multipartism and democracy, and shall thus express popular will as the basis of any political participation.

Its political parties shall not be allowed to have appellations similar to those that existed before October 12, 1968; their ambitions and perspectives shall have to be nationalistic and shall therefore, not be based on tribe, ethnic inclinations, religion, gender, district, municipality, social condition or profession. The law shall regulate their creations and functioning.

Item 10: The right to unemployment shall be recognized and exercised as stipulated by the law.

Item 11: Citizens, public authorities, political parties, trade be subject to the fundamental laws and legal provisions.

Item 12: The law shall determine the legal system that shall apply to the right to nationality, citizenship and the condition of foreigners.

Item 13: Every citizen shall enjoy the following rights and freedoms:

  1. The respect of his person, life, integrity and physical and moral dignity. Capital punishment shall only be applied for crimes condemned by the law;
  2. Freedom of expression;
  3. Equality before the law. Women, irrespective of their civil status, shall have the same rights and opportunities as her male counterpart at the political, economic, social and cultural levels, and at all levels of life; public, private or family;
  4. Freedom of movement and residence;
  5. Honour and good reputation;
  6. Freedom of religion and worship;
  7. The inviolability of the home and the privacy of all correspondence.
  8. The submission of petitions to the state.
  9. The right to speak;
  10. The right to a fair hearing before the courts;
  11. Freedom of association, of assembly and the right to strike;
  12. The deprival of liberty except in the cases and according to the manner determined by law;
  13. The right to hear the charges levied on him;
  14. The right to presume innocence until found guilty during hearing;
  15. No person shall arrogate to himself the right to do justice;
  16. Shall not be judged or condemned twice for the same offence;
  17. Shall not be condemned without proof, nor deprived of the right to defense;
  18. Shall not be punished for an act or omission.
Item 14: The fundamental rights recognized in this chapter shall not exclude those guaranteed by the fundamental law, nor the others, which enunciate human dignity, the principle of sovereignty of the people or the social and democratic state of law and the republican form of government.

Item 15: All acts of partiality or discrimination committed on the basis of tribe, gender, religion, and corruption and other or same shall be punishable by law.

Item 16: All Equato-Guineans shall have the obligation to honor the father land and defend its sovereignty, its territorial integrity and national unity, factors which contribute to the peace, national security and traditional Equato-Guinean values and protect national interests.

Military services shall be obligatory for all and shall be regulated by law.

Item 17:  All Equato-Guineans shall have the obligation to live peaceful, respect the rights and obligations and contribute to the building of a just and fraternal society.

Item 18: All Equato-Guineans shall respect the state, its national anthem, its Head of State, its government and the institutions legally instituted.

Item 19: Every citizen shall pay taxes according to his revenues.

The expenses and revenues of the state and the investment programs shall be registered in each financial year within the annual budget elaborated in accordance with the legislation in force.

Item 20: Every citizen shall have the obligation to respect and defend the fundamental law.

Item 21: The state shall ensure the protection of the family as the foundation of the society and shall secure the moral, cultural and economic conditions favorable to the achievement of objectives.

It shall equally protect every matrimonial class.

The traditional family heritage shall be unalienable as determined by the law.

Item 22: The state shall ensure the protection of every person from birth, and forster his normal development and ensure his security for his moral, psychological and physical integration as well as his family life.

It shall encourage and promote primary health care as the corners tone of the development of this sector.

Item 23: (Constitutional law No. 1/1995, de fecha 17 de Enero).

Education shall be primordial to the state. Every person shall have the right to primary education people shall have the right to primary education which is obligatory and free;

Free education shall be instituted by law;

The state shall guarantee to every person, private body or religious institution the right to found schools provided he or it subjects oriented toward the official pedagogical plan;

Official education shall freely allow the institution of religious education, which is protected by the constitution.

Education that shall be officially recognized may not orientate a programme or propagate ideological or partisan tendencies.

Item 24: The state shall protect responsible paternity and ensure appropriate education to promote the family.

Item 25:  Work shall be a right and social obligation. The state shall recognize its role in improving on the well-being and development of its national resources conditions to eradicate poverty, misery and ensure the equal occupation of its national territory and shield its citizens from need.

The law shall define the conditions under which this right shall be exercised.

Item 26: Its economic system shall be based on the principle of free exchange and the freedom of enterprise.

The law shall regulate the exercise of this freedom that should conform with the exigencies of economic and social development.

The state shall protect, guarantee and control foreign investment which contributes to the development of its nation.

Item 27: Its economy shall function under main sectors:

1. The public sector comprising state-owned companies and mainly constituted of the exploitation of resources and services enumerated under article 28 of the fundamental law as well as other economic activities;
2. The mix economic sector which integrates public and private capital for enterprises;
3. The cooperative sector owned and managed by a community of persons working in these cooperatives. The state shall dictate the laws regulating and developing this sector;
4. The private sector, which integrates companies owned by one or more physical persons or corporate bodies with private rights and, more generally, companies that do not fall under the sectors mentioned above.

Item 28: The resources and services reserved to the public sector shall be:

a) - Mines and hydrocarbons;

b) - Services in charge of distributing water and electricity;

c) - Post, telecommunications and transport services;

d) - Radio and television;

e) - And others determined by the law.

The state may delegate, concede or associate with a private body to develop any activity or service mentioned above in conformity with the law.

Item 29: The state shall recognize public and private ownership.

The right of ownership shall be guaranteed and protected as stipulated by the law in force.

Ownership shall be inviolate, no person shall be deprived of his property and rights except in the case of public utility and upon compensation.

The state shall guarantee to farmers ownership of their lands.

The law shall determine the legality of public property.