Equatorial Guinea

Last updated on: 30 August 2012

Criminalisation of HIV transmission/exposure

Equatorial Guinea
Whether Specific law enacted: 
-
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

1. Decree 107/2006 issued on the 20th of November on urgent measures are being taken to arrest the development of HIV/AIDS in Equatorial Guinea

Complete text of the law in an unofficial translation is available below.

2. Promulgation of law No 3/2005 on the prevention of and fight against STI/HIV and on the human rights of people affected.

3. Decree of October 2006, approving free antiretroviral treatment.

Key wording in the law: 

Article six:

Infected individuals who are aware of their HIV status and maintain sexual relationships without the use of a condom will be revealed and subjected to competent juries and trials according to the stipulations in Law 3/ 20005 of the 9th of May (2006) , on Prevention and Fight against sexually transmitted diseases, HIV/AIDS and the defence of Human rights of infected individuals

Article seven:

Any HIV/AIDS infected adult, aware of their HIV/AIDS carrier status and who maintains sexual relationships with another person and infects the third party, independently of the penal responsibility, will assume the obligation to support the newly infected party in all aspects of their life.

Discussion: 

From the information received it appears that the law relating to the criminalisation of HIV transmission was ‘tacked on’ to an earlier and more progressive law 2006 entitled "the Law for the Protection of People Living With HIV/AIDS"

Scant information is available about this earlier law except for what we are able to obtain via a link to an UNFPA publication on this issue.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

Equatorial Guinea now requires a Police Clearance Certificate for personal or tourist travel. An HIV test certificate may also be required, and HIV-positive status could lead to refusal of entry or deportation. 

Travellers are required to carry evidence of a yellow fever vaccination.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Protective laws and policies for people living with HIV: 

Yes. "Equatorial Guinea is one of the few countries in Africa which have a specific HIV/AIDS law in place. The EC/ACP/UNFPA Project was a main contributor to the political process leading up to the adoption of the Law no.3/2005 of 9 May on the Prevention and the Fight Against STIs/HIV/AIDS and on the Protection of People Living with AIDS." see UNFPA newsletter below.