Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

The following is the text of Law No. 3/2011 of July 14, Regulating Equatoguinean Nationality (Ley Núm. 3/2011, de fecha 14 de Julio, Reguladora de la Nacionalidad Ecuatoguineana), as published on the website of Citizenship Rights in Africa Initiative, a "database on nationality and statelessness in Africa, hosted by the International Refugee Rights Initiative (IRRI) [1], featuring national laws and subsidiary legislation, reports and academic articles," among other information (Citizenship Rights in Africa Initiative n.d.).

Republic of Equatorial Guinea

OFFICIAL STATE GAZETTE

EQUATOGUINEAN NATIONALITY

SUMMARY:

Law No. 3/2011 of July 14, Regulating Equatoguinean Nationality

PREAMBLE:

Considering that Article 12 of the Fundamental Law of Equatorial Guinea establishes that the Law shall determine all matters pertaining to procedures in matters of nationality; it is therefore necessary to issue standards that help ensure adherence to the aforementioned Constitutional Provision based on the supreme values of the State as set out in Article 1 of the above-mentioned fundamental Law.

Taking account of the experience acquired with respect to enforcement of this Law on Nationality, it is imperative to safeguard Equatoguinean nationality with respect to specific practices and interpretations and to defend it against attitudes that undermine both the said nationality and the civic and social sentiments of the people of Equatorial Guinea.

Considering that nationality is the legal and political bond that connects a person to the State, there arises the urgent need to improve the institutionalization process for citizenship status by establishing a set of conditions and requirements that reinforce the social integration of all recipients of Equatoguinean nationality.

Considering also that the reaffirmation of national sovereignty and the cultural identity of the people of Equatorial Guinea are the criteria that guide the legislator in establishing a socialization process to which foreigners who opt for Equatoguinean nationality must submit, with social rootedness being the fundamental criterion for the granting of nationality.

By virtue thereof, at the proposal of the Government and with due approval from the Chamber of Representatives of the People at its First Regular Session held in Malabo from March 16 to May 13, 2011, I do hereby sign into law and enact this Law amending Law No. 8/1990 dated October 24, Regulating Equatoguinean Nationality.

CHAPTER I

EQUATOGUINEAN NATIONALITY

Article 1. The purpose of this Law is to regulate the system of acquisition, preservation, loss and recovery of Equatoguinean nationality.

Article 2. Individuals may be Equatoguineans by virtue of birth or by naturalization.

CHAPTER II

EQUATOGUINEAN NATIONALITY BY VIRTUE OF BIRTH

Article 3. The following are Equatoguineans by virtue of birth:

1. Those born to an Equatoguinean father and mother
2. Those born to an Equatoguinean father or mother

CHAPTER III

NATIONALITY BY NATURALIZATION

Article 4. Equatoguinean nationality may be acquired by naturalization by virtue of the following:

1. The right of option
2. Residency
3. The certificate of naturalization

CHAPTER IV

THE RIGHT OF OPTION

Article 5. The following may opt for Equatoguinean nationality by virtue of the right of option:

1. The spouse of an Equatoguinean citizen
2. Individuals born in Equatorial Guinea to foreign parents

Article 6

1. In the case of spouses of Equatoguinean citizens, the option may be exercised after 10 years of marriage and cohabitation in the Republic of Equatorial Guinea.
2. The marital home is not required to be established in the national territory when the Equatoguinean spouse is located abroad by request or commission of the Equatoguinean government.
3. Children born in Equatorial Guinea to foreign parents may exercise the right of option as of 18 years of age, and must demonstrate continuous residency prior to submission of the application of at least 10 years.
4. In the case of adoption, a foreigner under 18 years of age who has been fully adopted shall be considered to have acquired Equatoguinean nationality by virtue of such act when either of the adoptive parents is Equatoguinean.
5. In all cases, a request shall be submitted to the President of the Republic via the Ministry of Justice, Religious Affairs and Penitentiary Institutions.

CHAPTER V

ACQUISITION OF NATIONALITY THROUGH RESIDENCY

Article 7.

1. Individuals who have resided legally and without interruption in the Republic of Equatorial Guinea for at least forty years may apply for Equatoguinean nationality.
2. Notwithstanding the terms of the preceding paragraph, the following shall be sufficient:
   
   1. Residency of one year immediately preceding the date of the application when the party concerned is a lineal descendant of a father or mother who was originally Equatoguinean.
   2. Residency of two years immediately preceding the application in the case of minor descendants up to the second degree of consanguinity who are subject to the parental authority of an Equatoguinean. If the persons exercising parental authority have not requested naturalization of the minor, the latter may apply for it within one year of reaching the age of majority.

Article 8.

1. The following are general requirements for accessing Equatoguinean nationality by virtue of residency:
   
   1. Must have no criminal record in Equatorial Guinea
   2. Must not have been tried for any serious crime in any other country
   3. Must demonstrate integration into the country by way of knowledge of the Spanish language, one of the national languages, and the culture, habits and customs of the Equatoguinean population.
2. The party concerned shall formalize the application by means of a request addressed to the President of the Republic via the Ministry of Justice, Religious Affairs and Penitentiary Institutions, attaching the following documents:
   
   1. The passport(s) corresponding to his/her previous nationalities currently in effect.
   2. Residency permit in effect at the time of the application.
   3. Documentation accrediting continuous legal residency in the country for the past 40 years, by means of certification from the Department of National Security
   4. Sworn declaration renouncing past nationality(ies), with a list of minors to whom the granting of nationality is requested.
   5. Certificate of non-existence of criminal record in Equatorial Guinea and in his/her country of origin issued by the competent authority.
   6. Tax clearance certificate
   7. Certificate of good conduct issued by the National Police.
   8. Certificate demonstrating integration into the culture, habits and customs of the Equatoguinean population issued by the Town Council or Neighbourhood Association of his/her place of residence.
   9. Medical certificate demonstrating that he/she does not suffer from an infectious or contagious disease.
   10. Proof of payment of the corresponding fees.
   11. Personal ID card
   12. Certificate of registration on the tax rolls.
   13. Certificate of contribution to Social Security.

Article 9. An application for Equatoguinean nationality by virtue of residency will be denied when the party concerned does not meet the set requirements in each case, or when the general interest of Equatorial Guinea does not advise it; the competent authority is not required to provide grounds in the latter case.

CHAPTER VI

CERTIFICATE OF NATURALIZATION

Article 10. Equatoguinean nationality through a certificate of naturalization may be accessed by persons upon whom this is bestowed by the President of the Republic for reasons of services they have provided in favour of the interests of Equatorial Guinea or the lives of its citizens.

Article 11.

1. Persons interested in acquiring Equatoguinean nationality through a certificate of naturalization shall formalize the corresponding application by sending a direct request to the President of the Republic through the Ministry of Justice, Religious Affairs and Penitentiary Institutions, with accompanying reasons and grounds.
2. A sworn declaration renouncing any past nationality(ies) shall be attached to the application.

CHAPTER VII

LOSS OF NATIONALITY

Article 12. Equatoguinean nationality may be lost voluntarily or by virtue of a final court ruling.

Article 13. Equatoguinean nationality shall be voluntarily lost as of the moment at which another nationality is acquired, except when there is a dual nationality agreement between the country in question and Equatorial Guinea.

Article 14.

1. Only naturalized Equatoguineans may be deprived of nationality by virtue of a final court ruling resulting from judicial proceedings for any of the offences to which that penalty applies under the law.
2. Such a judgment shall be applicable in all cases in which the beneficiary has falsified the conditions required for the granting of nationality or has concealed those that would have prevented it from being granted.

Article 15. The loss of Equatoguinean nationality by virtue of a final court ruling shall not affect the nationality of the children or spouse of the subject of the judgment.

CHAPTER VIII

RECOVERY OF EQUATOGUINEAN NATIONALITY

Article 16. Equatoguinean nationality may be recovered once only, and only by persons who have lost it voluntarily.

Article 17. When a person wishes to recover Equatoguinean nationality, he/she must send a request to the President of the Republic via the Ministry of Justice, Religious Affairs and Penitentiary Institutions, attaching the documentation demonstrating fulfilment of the corresponding requirements.

Article 18. Recovery produces the effect of reacquisition of lost Equatoguinean nationality.

Article 19. Under no circumstances may Equatoguinean nationality be recovered by persons who have lost it by virtue of a final court ruling.

CHAPTER IX

EFFECTIVENESS AND TERMINATION OF GRANTING

Article 20.

1. When a ruling in favour has been handed down, and prior to taking the corresponding oath before the Minister of Justice, Religious Affairs and Penitentiary Institutions and registering in the Civil Registry Section of their place of residence, the beneficiary shall present to the Department of Justice the document accrediting his/her renunciation of previous nationalities.
2. The ruling shall be forwarded to the Ministries of Foreign Affairs, International Cooperation and Francophony; Interior and Local Corporations; National Security; and Labour and Social Security; and shall be published in the Official Gazette of the State.
3. No appeal whatsoever may be filed against the ruling denying an application for nationality for reasons of the general interest of Equatorial Guinea.

Article 21. The granting of nationality shall be extended to minor children over whom the beneficiary exercises parental authority in all cases of naturalization, with the exception of the certificate of naturalization.

Article 22. The granting of Equatoguinean nationality in favour of an applicant in any of the cases of naturalization shall be rendered void at six months if, for reasons attributed to him/her, the formalities of oath-taking and registration in the Civil Registry have not been completed.

CHAPTER X

DUAL NATIONALITY

FINAL PROVISION:

This Law shall enter into force as of its publication in the Official Gazette of the State and in the National Informative Media.

Thus ruled by me by virtue of this Law. Done in the city of Malabo, on the 14th day of the month of July of the year two thousand and eleven.

FOR A BETTER GUINEA

[signed]

Obiang Nguema Mbasogo

President of the Republic

[signed]

Ignacio Milam Tang

Prime Minister-Head of Government

(Equatorial Guinea 2011).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The International Refugee Rights Initiative (IRRI) is a non-profit organization, founded in 2004 and registered in the US, UK and Uganda, that advocates for displaced and conflict affected communities through field based research and analysis (IRRI 2011).

References

Citizenship Rights in Africa Initiative. N.d. "About." [Accessed 29 Aug. 2017]

Equatorial Guinea. 2011. Ley Núm. 3/2011, de fecha 14 de Julio, Reguladora de la Nacionalidad Ecuatoguineana. Translation by the Translation Bureau. [Accessed 29 Aug. 2017]

International Refugee Rights Initiative (IRRI). 2011. "Who We Are." [Accessed 29 Aug. 2017]