Last Updated: Friday, 11 July 2014, 13:14 GMT

Fundamental Law of Equatorial Guinea

Publisher National Legislative Bodies
Publication Date 1 1982
Reference GNQ-005
Cite as Fundamental Law of Equatorial Guinea [Equatorial Guinea],  1 1982, available at: http://www.refworld.org/docid/3ae6b4e220.html [accessed 11 July 2014]
Comments This is an unofficial translation. Only provisions relating to citizenship and aliens are selected here.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.
Date of entry into force: 1982

SECOND TITLE - NATIONALITY, CITIZENSHIP AND STATUS OF A FOREIGNER

CHAPTER I - NATIONALITY

Article 9

One is Equatoguinean by birth or through naturalization.

Article 10

Those who are Equatoguinean by birth are:

(a)Those born in the territory of Equatorial Guinea, with the exception of the children of foreigners who are in the service of their Government, and the children of resident aliens, all of whom, nevertheless, may opt for Equatoguinean citizenship.

(b)The children of an Equatoguinean father or mother, born abroad, any of these being themselves in the service of the Republic, who consider themselves, for all practical purposes, to have been born in the national territory.

(c)The children of an Equatoguinean father or mother born abroad.

Article 11

An Equatoguinean through naturalization is:

(a)The foreigner of legal age who has resided in the Republic of Equatorial Guinea for at least ten consecutive years, who solicits and obtains naturalization papers and renounces his former nationality.

(b)Anyone who has been adopted by an Equatoguinean.

(c)The child of an Equatoguinean woman married to a foreigner, who opts for Equatoguinean citizenship.

(d)Anyone who obtains the special favor of naturalization from the Head of State. The Law regulates the procedures for the choice of the Equatoguinean nationality, non-issuance and revocation of naturalization papers and the formation of a registry for all these acts.

Article 13

The Equatoguinean nationality is lost:

(a)Through the voluntary acquisition of another nationality.

(b)Through cancellation of the naturalization papers.

(c)By law revoking citizenship granted by favor.

(d)By other cases that the law examines. Those who have lost Equatoguinean citizenship for any of the reasons decreed in this article, can only be reinstated by law.

CHAPTER II - CITIZENSHIP

Article 14

Equatoguinean citizenship is acquired at eighteen years of age. The status of citizenship grants the rights of active and passive suffrage and others which the Fundamental Law and other laws confer.

Article 15

The rights of citizenship are suspended:

(a)Through civil interdiction;

(b)By firm judicial sentence which imposes the punishment of privation of liberty and the corresponding loss of citizenship;

(c)In the other cases determined by law.

CHAPTER III - THE STATUS OF A FOREIGNER

Article 16

In general, foreigners enjoy the same civil rights as Equatoguineans, with the limitations decreed in the Fundamental Law and other laws. Foreigners are excluded from exercising political rights.

Article 17

The State foments and facilitates immigration.It demands that foreigners dedicate themselves to the activities which have been expressly authorized.

Article 18

According to the law and international instruments, the State guarantees the right of asylum to foreigners.

Article 18

According to the law and International Agreements, the State guarantees the right of asylum to foreigners.

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