Bioko Sur is governed by federal Equatorial Guinea law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Restricted
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Bioko Sur is legal.
Current status
Since Oct 12, 1968
Legal
Homosexuality is legal for both male and female
Same-sex marriage in Bioko Sur is unrecognized.
Current status
Unrecognized under federal Equatorial Guinea law
Homosexual acts are legal, but the same-sex marriage is not.
Censorship of LGBT issues in Bioko Sur is state-enforced.
Current status
Since Jul 8, 2019
State-enforced
In Equatorial Guinea, there are no explicit laws restricting the discussion or promotion of LGBTQ+ topics in spite of the extremely oppressive environment. However, the government denies registration to LGBTIQ+ organisations and LGBTIQ+ people are frequently arrested under delinquency, social disruption and deviance laws. There are also restrictions on freedom of assembly.
This began in 2019 when Decree No. 94 was sanctioned, defining homosexuality as a practice that "threatens the moral identity of the social majority".
This began in 2019 when Decree No. 94 was sanctioned, defining homosexuality as a practice that "threatens the moral identity of the social majority".
Right to change legal gender in Bioko Sur is illegal.
Current status
Illegal
There is no process for legal gender recognition.
Gender-affirming care in Bioko Sur is restricted.
Current status
Restricted
Gender-Affirming Care in Equatorial Guinea is restricted.
Legal recognition of non-binary gender in Bioko Sur is not legally recognized.
Current status
Not legally recognized
Equatorial Guinea does not recognize intersex as a biological sex on legal documents. Intersex individuals in Equatorial Guinea may face challenges in accessing basic human rights and healthcare, not to mention discrimination and social stigma.
LGBT discrimination in Bioko Sur is illegal in some contexts.
Current status
Since Nov 15, 2022
Illegal in some contexts
Article 364(2) of the Penal Code (2022) bans discrimination in employment against any person on the basis of their sexual orientation.
There is no explicit legal protection against discrimination based on gender identity.
Law 1/2016 on Personal Data Protection establishes in its articles 10 and 41 the protection of personal data related to "sexual life" that implies discrimination.
There is no explicit legal protection against discrimination based on gender identity.
Law 1/2016 on Personal Data Protection establishes in its articles 10 and 41 the protection of personal data related to "sexual life" that implies discrimination.
LGBT employment discrimination in Bioko Sur is sexual orientation only.
LGBT housing discrimination in Bioko Sur is no protections.
Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Equatorial Guinea.
Same-sex adoption in Bioko Sur is single only.
Current status
Since Jun 8, 2021
Single only
Law No. 2/2021 on the Adoption of Minors in the Republic of Equatorial Guinea does not explicitly prohibit individual adoption by homosexual persons. Only married couples can adopt jointly.
To legally process an adoption application, the applicant must present a Certificate of Suitability, issued by the Social Services, and endorsed by the competent Prosecutor, and Psychosocial Reports, issued by the Psychosocial Section of the Social Services. However, since there are no legal protections for LGBT persons, accessing these documents being openly homosexual or transgender is unlikely.
To legally process an adoption application, the applicant must present a Certificate of Suitability, issued by the Social Services, and endorsed by the competent Prosecutor, and Psychosocial Reports, issued by the Psychosocial Section of the Social Services. However, since there are no legal protections for LGBT persons, accessing these documents being openly homosexual or transgender is unlikely.
Intersex infant surgery in Bioko Sur is not banned.
Current status
Not banned under federal Equatorial Guinea law
Surgery on intersex infants is legal in Equatorial Guinea. The extent of its practice is unknown.
Serving openly in military in Bioko Sur is illegal.
Current status
Since 1945
Illegal
Article 358 of the current Code of Military Justice states:
"Any military member who commits dishonest acts with individuals of the same sex will be punished with a prison sentence of six months and one day to six years. Whatever the sentence imposed for this crime, it will always entail dismissal from service."
"Any military member who commits dishonest acts with individuals of the same sex will be punished with a prison sentence of six months and one day to six years. Whatever the sentence imposed for this crime, it will always entail dismissal from service."
Blood donations by MSMs in Bioko Sur is legal.
Current status
Legal under federal Equatorial Guinea law
There is no known ban on MSMs donating blood in Equatorial Guinea.
Conversion therapy in Bioko Sur is not banned.
Current status
Not banned
Conversion therapy is legal and widespread in Equatorial Guinea.
Equal age of consent in Bioko Sur is equal.
Current status
Since 1931
Equal
Legal Rights
38 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Bioko Sur to help improve its accuracy.
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