SAO TOME AND PRINCIPE Democratic Republic of Sao Tome and Principe Republica Democratica de Sao Tome e Principe Joined United Nations: 16 September 1975 Human Rights as assured by their constitution Click here Updated 10/18/10
|
Sao Tome
212,679 (July 2010 est.)
Joachim Rafael Branco
Prime Minister since 22 June 2008
President elected by popular vote for a five-year term (eligible for a
second term); election last held 30 July 2006
Next scheduled election: July 2011
HEAD OF GOVERNMENT
SELECTION PROCESS
Prime Minister chosen by the National Assembly and approved
by the president; elections; last held: 1 August 2010
Next scheduled election: 2014
DECLARATION OF HUMAN RIGHTS
|
Mestico, angolares (descendants of Angolan slaves), forros (descendants of freed slaves), servicais (contract laborers from
Angola, Mozambique, and Cape Verde), tongas (children of servicais born on the islands), Europeans (primarily Portuguese)
Catholic 70.3%, Evangelical 3.4%, New Apostolic 2%, Adventist 1.8%, other 3.1%, none 19.4% (2001 census)
Republic with 2 provinces; Legal system is based on Portuguese legal system and customary law; has not accepted compulsory ICJ
jurisdiction
Executive: President elected by popular vote for a five-year term (eligible for a second term); election last held 30 July 2006 (next to be
held July 2011); prime minister chosen by the National Assembly and approved by the president
Legislative: Unicameral National Assembly or Assembleia Nacional (55 seats; members are elected by popular vote to serve
four-year terms)
elections: last held on 1 August 2010 (next to be held in 2014)
Judicial: Supreme Court (judges are appointed by the National Assembly)
Portuguese (official)
The islands of São Tomé and Príncipe were uninhabited before the arrival of the Portuguese sometime in 1469, 1470, or 1471.
After the islands were discovered by Fernão do Pó, Portuguese navigators explored the islands and decided they would be a good
location for bases to trade with the mainland. The first successful settlement of São Tomé was established in 1493 by Álvaro
Caminha, who received the land as a grant from the crown. Príncipe was settled in 1500 under a similar arrangement. Attracting
settlers proved difficult, however, and most of the earliest inhabitants were "undesirables" sent from Portugal, mostly Jews. In time,
these settlers found the excellent volcanic soil of the region suitable for agriculture, especially the growing of sugar. The cultivation of
sugar was a labour intensive process and the Portuguese began to import large numbers of slaves from the African mainland. By the
mid-16th century, the Portuguese settlers had turned the islands into Africa's foremost exporter of sugar. São Tomé and Príncipe
were taken over and administered by the Portuguese crown in 1522 and 1573, respectively. However, superior sugar colonies in
the western hemisphere began to hurt the islands. The large slave population also proved difficult to control with Portugal unable to
invest many resources in the effort. Sugar cultivation thus declined over the next 100 years, and by the mid-17th century, the
economy of São Tomé had changed. It was now primarily a transit point for ships engaged in the slave trade between the West and
continental Africa. In the early 1800s, two new cash crops, coffee and cocoa, were introduced. The rich volcanic soils proved well
suited to the new cash crop industry, and soon extensive plantations (roças), owned by Portuguese companies or absentee
landlords, occupied almost all of the good farmland. By 1908, São Tomé had become the world's largest producer of cocoa, which
still is the country's most important crop. The roças system, which gave the plantation managers a high degree of authority, led to
abuses against the African farm workers. Although Portugal officially abolished slavery in 1876, the practice of forced paid labor
continued. In the early 1900s, an internationally publicized controversy arose over charges that Angolan contract workers were
being subjected to forced labor and unsatisfactory working conditions. Sporadic labor unrest and dissatisfaction continued well into
the 20th century, culminating in an outbreak of riots in 1953 in which several hundred African laborers were killed in a clash with
their Portuguese rulers. This "Batepá Massacre" remains a major event in the colonial history of the islands, and its anniversary is
officially observed by the government. By the late 1950s, when other emerging nations across the African Continent were
demanding independence, a small group of São Toméans had formed the Movement for the Liberation of São Tomé and Príncipe
(MLSTP), which eventually established its base in nearby Gabon. Picking up momentum in the 1960s, events moved quickly after
the overthrow of the Caetano dictatorship in Portugal in April 1974. The new Portuguese regime was committed to the dissolution
of its overseas colonies; in November 1974, their representatives met with the MLSTP in Algiers and worked out an agreement for
the transfer of sovereignty. After a period of transitional government, São Tomé and Príncipe achieved independence on July 12,
1975, choosing as its first president the MLSTP Secretary General Manuel Pinto da Costa. In 1990, São Tomé became one of the
first African countries to embrace democratic reform and changes to the constitution--the legalization of opposition political
parties--led to elections in 1991 that were nonviolent, free, and transparent. Miguel Trovoada, a former prime minister who had
been in exile since 1986, returned as an independent candidate and was elected president. Trovoada was re-elected in São Tomé's
second multiparty presidential election in 1996. The Party of Democratic Convergence (PCD) toppled the MLSTP to take a
majority of seats in the National Assembly, with the MLSTP becoming an important and vocal minority party. Municipal elections
followed in late 1992, in which the MLSTP came back to win a majority of seats on five of seven regional councils. In early
legislative elections in October 1994, the MLSTP won a plurality of seats in the Assembly. It regained an outright majority of seats
in the November 1998 elections. The Government of São Tomé fully functions under a multiparty system. Presidential elections
were held in July 2001. The candidate backed by the Independent Democratic Action party, Fradique de Menezes, was elected in
the first round and inaugurated on September 3. Parliamentary elections were held in March 2002. For the next four years, a series
of short-lived, opposition-led governments were formed. The army seized power for one week in July 2003, complaining of
corruption and that forthcoming oil revenues would not be divided fairly. An accord was negotiated under which President de
Menezes was returned to office. The cohabitation period ended in March 2006, when a pro-presidential coalition won enough seats
in National Assembly elections to form and head a new government. In the 30 July 2006 presidential election, Fradique de Menezes
easily won a second five-year term in office, defeating two other candidates Patrice Trovoada (son of former President Miguel
Trovoada) and independent Nilo Guimarães. Local elections, the first since 1992, took place on 27 August 2006 and were
dominated by members of the ruling coalition.
Source: Wikipedia: History of Sao Tome and Principe
This small, poor island economy has become increasingly dependent on cocoa since independence in 1975. Cocoa production has
substantially declined in recent years because of drought and mismanagement. Sao Tome has to import all fuels, most manufactured
goods, consumer goods, and a substantial amount of food. Over the years, it has had difficulty servicing its external debt and has
relied heavily on concessional aid and debt rescheduling. Sao Tome benefited from $200 million in debt relief in December 2000
under the Highly Indebted Poor Countries (HIPC) program, which helped bring down the country's $300 million debt burden. In
August 2005, Sao Tome signed on to a new 3-year IMF Poverty Reduction and Growth Facility (PRGF) program worth $4.3
million. Considerable potential exists for development of a tourist industry, and the government has taken steps to expand facilities in
recent years. The government also has attempted to reduce price controls and subsidies. Potential exists for the development of
petroleum resources in Sao Tome's territorial waters in the oil-rich Gulf of Guinea, which are being jointly developed in a 60-40 split
with Nigeria, but any actual production is at least several years off. The first production licenses were sold in 2004, though a dispute
over licensing with Nigeria delayed Sao Tome's receipt of more than $20 million in signing bonuses for almost a year. Real GDP
growth averaged about 6% in 2006-07, as a result of increases in public expenditures and oil-related capital investment, but has
been declining in the years since.
Source: CIA World Factbook (select Sao Tome and Principe)
The Politics of São Tomé and Príncipe take place in a framework of a semi-presidential representative democratic republic,
whereby the President of São Tomé and Príncipe is head of state and the Prime Minister of São Tomé and Príncipe is head of
government, and of a pluriform multi-party system. Executive power is exercised by the government. Legislative power is vested in
both the government and the National Assembly. The Judiciary is independent of the executive and the legislature. São Tomé has
functioned under a multiparty system since 1990. Following the promulgation of a new constitution in 1990, São Tomé and Príncipe
held multiparty elections for the first time since independence. Shortly after the constitution took effect, the National Assembly
formally legalized opposition parties. Independent candidates also were permitted to participate in the January 1991 legislative
elections.
Since the constitutional reforms of 1990 and the elections of 1991, São Tomé and Príncipe has made great strides toward
developing its democratic institutions and further guaranteeing the civil and human rights of its citizens. São Toméans have freely
changed their government through peaceful and transparent elections, and while there have been disagreements and political
conflicts within the branches of government and the National Assembly, the debates have been carried out and resolved in open,
democratic, and legal fora, in accordance with the provisions of São Toméan law. A number of political parties actively participate
in government and openly express their views. Freedom of the press is respected, and there are several independent newspapers in
addition to the government bulletin. The government's respect for human rights is exemplary; the government does not engage in
repressive measures against its citizens, and respect for individuals' rights to due process and protection from government abuses is
widely honored. Freedom of expression is accepted, and the government has taken no repressive measures to silence critics.
A briefly successful coup d'état led by Major Fernando "Cobo" Pereira took place on 16 July 2003.
Source: Wikipedia: Politics of Sao Tome and Principe
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
|
None reported.
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
|
2009 Human Rights Report: Sao Tome and Principe
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Democratic Republic of Sao Tome and Principe is a multiparty constitutional democracy with a population of approximately
150,000. The head of state is President Fradique De Menezes, and the head of government, chosen by the National Assembly and
approved by the president, is Prime Minister Joaquim Rafael Branco. International observers deemed the 2006 presidential and legislative
elections free and fair. Civilian authorities generally maintained effective control of the security forces.
The government generally respected the human rights of its citizens. However, there were problems in some areas, including:
- harsh prison conditions,
- prolonged pretrial detention,
- official corruption,
- impunity,
- violence and discrimination against women,
- child labor,
- harsh labor conditions.
Click here to read more »
1 July 2004
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-sixth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations: Sao Tome and Principe
Introduction
2. The Committee welcomes the submission of the State party’s initial report, although submitted late, as well as the written replies. It
further notes with appreciation the high-level delegation sent by the State party, and welcomes the frank dialogue which allowed for a
better understanding of the rights of the child in the State party.
Positive aspects
3. The Committee welcomes the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the
rights of children, such as:
(a) Act No. 2/77 of 28 December 1997 on the family;
(b) Act No. 6/92 of 11 June 1992 on working conditions;
(c) The criminal and civil codes, in particular articles 125 and 488 of the Civil Code on criminal liability;
(d) The revision, in 2003, of Decree No. 417/71 of 29 September 1971 on legal assistance to minors;
C. Factors and difficulties impeding the implementation of the Convention
4. The Committee acknowledges the challenges faced by the State party, such as the particular nature of its geographical configuration
comprised of islands, its geographic isolation and numerous droughts.
Principal areas of concern and recommendations
1. General measures of implementation
Legislation
5. The Committee welcomes the inclusion of provisions inspired by the Convention in the Constitution and in a number of laws relating
to child rights, but remains concerned about the lack of compatibility between some domestic laws and the provisions and principles of
the Convention, and about the lack of implementation of appropriate domestic laws. The Committee is further concerned that very few
international and regional instruments protecting human rights, including children rights, have been ratified by the State party.
6. The Committee encourages further law reform, the full implementation of existing laws, and consideration of ratification of other
human rights instruments, such as the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights.
It further recommends that the State party consider ratifying, as a matter, of priority the African Charter on the Rights and Welfare of
the Child of 1990.
Click here to read more »
Freedom In The World 2010 Report
Political Rights Score: 2
Civil Liberties Score: 2
Status: Free
Overview
An alleged coup plot involving individuals who briefly ousted President Fradique de Menezes in a 2003 coup was uncovered in February
2009, and the trial of suspected conspirators began in October. Regional and municipal elections scheduled for August were postponed
until 2010, when they may coincide with parliamentary elections. Meanwhile, a series of political scandals surrounding development aid
emerged during the year.
Following growing criticism over price increases and its handling of a police mutiny in late 2007, the government collapsed twice in
2008. A new ruling coalition was formed in June with Joaquim Rafael Branco, leader of the MLSTP-PSD, at the head. The ADI refused
to join, but the government gained a majority in the National Assembly with 43 seats. Municipal and regional elections scheduled for
August 2009 were postponed until 2010, and legislative elections were tentatively scheduled for March 2010.
An alleged coup plot was uncovered in February 2009 when authorities arrested 38 suspects, including six members of a small political
party, the Christian Democratic Front (FDC), as well as individuals involved in the 2003 coup. Several suspects were released, but the
trial of the remaining suspects, which began in October, resulted in two convictions, including a five-year prison sentence for the FDC
leader for illegal weapons possession.
Large oil and natural gas deposits are thought to lie off the coast, though production is not expected before 2010. A 2001 agreement with
Nigeria created the Joint Development Zone (JDZ), with Sao Tome and Principe receiving 40 percent of oil and gas revenues. The
government planned to establish a national oil company in 2010 with assistance from Angola. Corruption allegations have surrounded the
process by which exploration blocks in the JDZ are awarded, and bonus funds intended for Sao Tome’s oil account were allegedly
transferred to a Nigerian bank in 2008. That same year, the country became an Extractive Industries and Transparency Initiative (EITI)
candidate country. Despite its potential wealth, the country faces serious poverty. Sao Tome ranked 131 out of 182 countries in the
2009 UN Development Programme’s Human Development Report. In 2009, the local currency was pegged to the euro.
Sao Tome and Principe is an electoral democracy. Presidential and parliamentary elections in 2006 were free and fair. The president is
elected for a five-year term and can serve up to two consecutive terms. Members of the unicameral, 55-seat National Assembly are
elected by popular vote to four-year terms. Four party blocs currently hold seats in the legislature, but a number of other parties exist.
Development aid and potential oil wealth have fueled growing corruption among members of the ruling elite. In March 2009, an
investigation into misappropriation by the agency formerly responsible for administering aid funds resulted in prison sentences for the
former director and treasurer. Separately, the director of the new agency responsible for managing aid came under suspicion in May for
misappropriating food aid from Italy. Another scandal emerged in July after contaminated goods were imported under a Brazilian
government credit line. Delfim Neves, the administrative director of the company involved in the scandal, is also the secretary-general of
the PDC and was thus shielded by National Assembly immunity. In May, the national audit office accused the government of corruption
following the National Assembly’s decision to remove the office’s oversight of the sale of public property and goods. In December, the
national audit office also began the trial of five former government members charged with embezzling social welfare money. The
country was ranked 111 out of 180 countries surveyed in Transparency International’s 2009 Corruption Perceptions Index.
Click here to read more »
5 April 2005
Constitutional prohibitions of the death penalty
One of the most important steps a country can take to secure human rights for everyone under its jurisdiction is to abolish the death
penalty by removing the penalty from its laws. If the country also prohibits the death penalty under its constitution, abolition becomes
even more secure.
Out of the 84 countries in the world which have to date abolished the death penalty for all crimes, at least 42 have prohibited it in their
constitutions. The latest to do so is Belgium, which amended its constitution in February 2005 to prohibit the death penalty under all
circumstances. Five other countries have constitutional provisions which limit the crimes for which the death penalty can be imposed.
Almost all of these prohibitions and restrictions have been on human rights grounds.
This paper sets forth the texts of the relevant constitutional provisions. These examples may encourage other countries to adopt similar
provisions.
SAO TOME AND PRINCIPE
Constitution of the Democratic Republic of Sao Tomé and Príncipe (1990)
Article 21, "Right to Life", states: "1. Human life is inviolable. 2. In no case shall there be the death penalty".
Click here to read more »
São Tomé e Príncipe: Oil Deals and the New Government
A Chance to Improve Life for Its People by Managing Resources Well
August 24, 2010
(Washington, DC) - The tiny country of São Tomé e Príncipe is at a crossroads with a chance to benefit from its potential oil wealth,
Human Rights Watch said in a report released today. A new government is expected to form after the elections this month, and by the
end of the year São Tomé is expected to announce the companies selected as the winners of an important round of bidding for the right
to drill for oil in its offshore Exclusive Economic Zone.
The 23-page report, "An Uncertain Future: Oil Contracts and Stalled Reform in São Tomé e Príncipe," documents how São Tomé's
government remains ill-equipped to manage the revenues from any hydrocarbon endowment, despite domestic and international efforts
to improve financial transparency and accountability in anticipation of major oil discoveries. The international community and domestic
policy-makers invested in efforts to improve the management of the country's potential oil wealth to avoid the problems that have
plagued its neighbors, such as Angola or Equatorial Guinea. But the current government has not demonstrated the political will or
institutional capacity to follow through on reform.
"The new government needs to learn from past mistakes," said Arvind Ganesan, business and human rights director at Human Rights
Watch. "It has a window of opportunity and should use it to make sure São Tomé's citizens benefit from oil revenues when and if they
start to flow."
São Tomé is believed to possess offshore oil reserves valuable enough to transform life for the tiny island nation's impoverished people.
To date no oil has started to flow, and exploration continues. This has disappointed many São Toméans, but there should have been a
silver lining to the delay in drilling successful wells - it gave the country more time to prepare itself to manage responsibly the vast new
revenues that would come with oil. But until now, São Tomé's government has failed to make the most of that opportunity.
The failure of efforts to improve the country's management of its oil resources culminated in São Tomé's effective expulsion from the
Extractive Industries Transparency Initiative (EITI) in April 2010, along with Equatorial Guinea. The initiative aims to strengthen
governance by improving transparency and accountability through the verification and full publication of company payments and
government revenues from oil, gas, and mining.
São Tomé is one of the world's smallest and most neglected countries. Revenues from oil could dramatically improve life for São
Tomé's impoverished population, Human Rights Watch said. But if managed poorly they could send its government into a crippling spiral
of corruption, as has happened in Equatorial Guinea and Angola.
The new São Tomé government should make all financial transactions related to oil licensing public, including signature bonus payments
made by the companies for the right to obtain oil exploration concessions in its territory, Human Rights Watch said. It should also review
all oil contracts and renegotiate those that are deemed to fall short of international best practice and reopen its contacts with the EITI
Secretariat.
Human Rights Watch also urged the new São Tomé government and the next Nigerian government - after the 2011 Nigeria elections - to
review the arrangements for their Joint Development Zone for oil exploration.
Click here to read more »
TRANSLATED FROM PORTUGUESE BY GOOGLE TRANSLATE
Sao Tome and Principe: PR vetoes law creating the Constitutional Court
10/07/2010
The President of the Republic of Sao Tome, De Menezes, vetoed the Organic Constitutional Court and the Secretariat of Law and the
Law of Costs of that court.
In a decree read by the chief press officer of state, de Menezes justifies that "absolutely disagrees with the exception of reimbursement
of the President in the appointment of judges" to this court.
"The organic law of the Constitutional Court sent for promulgation of the head of state excludes the conformation of the political will of
the President of the Republic, by any enactment or veto, and especially also the President of the co-guarantors of the Constitution," says
Presidential Decree.
The election / nomination of judges of the Constitutional Court will make will be simple for a National Assembly resolution that does not
need any reimbursement by the President of the republic, regrets de Menezes.
Angop
Click here to read more »
TRANSLATED FROM PORTUGUESE BY GOOGLE TRANSLATE
Company: FONG-STP enable NGOs and UNICEF in Sao Tome Human Rights
September 9, 2010
The Federation of Organizations, Non-Governmental Sao Tome and Principe (FONG-STP) in partnership with UNICEF are conducting
from 07-11 September at the conference hall of the United Nations in Sao Tome, skills training on Human Rights-Based Programming to
20 NGOs Sao Tome. The objective of the training is to adopt and leverage the frameworks of the NGOs with knowledge and skills in
matters of Human Rights (DH), to introduce as part of their daily schedules, "because FONG means that the DH is essential for training
of any society "advocated Olivio Diode, program coordinator of the FONG-STP.
With funding from the UN Fund for Children (UNICEF), the training falls at a time when the present Government of ADI has urged the
joint efforts of all of Sao Tome, to ensure appropriate participation and involvement in development of the country .
Therefore, Antonio Patrick, UNICEF representative in St. Thomas said "the moment it relaunches the foundations for change, called for
a carefully organized civil society to greater involvement in finding solutions to ensure the most disadvantaged satisfaction Your Rights to
a decent life, education, health, sanitation and other quality. "
According to organizers, it is expected that with training, increased level of knowledge and skills of staff of NGOs Sao Tome, to ensure
that pose the DH approaches in their work, one way for the full enjoyment of citizenship.
Given the Charter of the United Nations (UN), the DH is essential considering the state of Rights, that man is not compelled as a last
resort.
Click here to read more »
TRANSLATED FROM PORTUGUESE BY GOOGLE TRANSLATE
October 18, 2010
Human rights violations on the island of Principe
Arthur Pine- BBC correspondent in Sao Tome
The complaint from the President of the regional government, Jose Cardoso Cassandra, who said it was not possible that there are
abnormal situations due to lack of judges in that part of the territory are Tomé.
Cassandra made his comments at the end of a joint meeting with the President of the Supreme Court and the Attorney General's Office,
respectively Silvestre Leite and Roberto Raposo, on Monday.
"We have to recognize and regret that there is occasionally a flagrant violation of human rights," said Regional Chairman.
He added that there can be no prisoners and abnormal situations in the autonomous region of Principe "for lack of a judge and for want
of an assistant prosecutor," lamented the ruling.
This claim of the President of the Regional Government of Principe has been satisfied by the central authorities have now appointed and
that the two judges gave possession to the portion of the territory are Tomé.
The judge must come to this region Wednesday, while in relation to the Deputy Prosecutor, the region's government is grappling with a
decent setup for the representative of the prosecuting authority.
Installation
A situation that José Cardoso Cassandra has already discussed with Silvestre Raposo Roberto Milk and as a way to find a program for
the installation of magistrates.
Principe Central authorities have already satisfied the demands
"We found that even with the discussion we have with central government funds to give a decent facility," recalls the head of the
regional executive.
This is a claim for some time, "a legitimate claim to install the assistant prosecutor and judge of the district court," he concluded.
Jose Cardoso Cassandra is in Sao Tome to discuss with the central government budget for 2011 for Principe.
Speaking to the BBC, he ensured that the installation of two judges in the region is a further step to consolidate the rule of law in the
country.
Click here to read more>>
Click map for larger view
|
Click flag for Country Report
|
Fradique De Menezes
President since 3 September 2001
None reported.