Experts Urge Equatorial Guinea To Uphold International Obligations And Halt Returns Of Those At Risk

GENEVA (13 May 2026) —At least nine individuals currently detained in Malabo in Equatorial Guinea are at imminent risk of refoulement following deportation from the United States under a bilateral agreement, experts* warned today.

“We are deeply concerned by allegations that individuals in need of international protection have been subjected to transfer arrangements that place them at risk of irreparable harm,” the experts said. “States must ensure that no one is returned, directly or indirectly, to a situation where their life, freedom or physical or mental integrity would be in danger.”

The individuals detained in Malabo — including nationals of Angola, Eritrea, Ethiopia and Mauritania — are among a group of at least 29 people deported from the United States under a bilateral temporary transfer agreement. All had previously been granted protection by U.S. immigration judges, either through withholding of removal orders under the Immigration and Nationality Act (INA) or under the Convention Against Torture (CAT).

“We are also concerned that these developments appear to reflect broader trends of migration externalisation arrangements involving transfers of migrants, asylum seekers and persons in need of international protection to third countries, including African States, without sufficient human rights safeguards.”

“We are particularly concerned by developments over the past five days indicating that government security officials have directly approached those detained, presenting them with documents in Spanish and requesting that they sign them in order to complete their removal,” the experts said.

They warned that the removal of individuals to countries where they have a real risk of being subjected to persecution, torture or other serious rights violations, including sexual and gender-based violence, would place them at risk of irreparable harm and be unlawful under international law. They also expressed concern regarding reported restrictions on access to legal assistance, limitations on communication with counsel, the lack of individualised assessments prior to deportation decisions and troubling reports about conditions of detention. They recalled that non-refoulement is absolute under international law, and that due process guarantees are essential. They further recalled that all persons deprived of their liberty must be treated with humanity and dignity.

“We call on the Government of Equatorial Guinea to immediately suspend any deportations of individuals at risk, ensure full respect for the principle of non-refoulement and guarantee prompt access to legal assistance and effective remedies,” the experts said.

“Authorities must carry out individualised and independent protection assessments, ensure that detention conditions meet international standards, including access to medical care and basic necessities, including sexual and reproductive health, and provide transparency regarding any migration transfer arrangements, reviewing them to ensure compliance with international law.”

“International cooperation on migration and asylum must not come at the expense of fundamental human rights,” they said. “We encourage the Government of Equatorial Guinea to collaborate with the relevant UN agencies including UNHCR and IOM for guidance and support to uphold their international obligations.”

The African Commission on Human and Peoples’ Rights, through Resolution ACHPR/Res.645 (LXXXV) 2025 on the externalisation of migration governance and extra-regional transfers of migrants and asylum seekers to African States, already warned against practices that may result in the outsourcing of international protection responsibilities in ways incompatible with international and regional human rights obligations.

The experts remain in contact with the Government.

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