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Title: Sao Tome and Principe Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SAO TOME AND PRINCIPE*
The Democratic Republic of Sao Tome and Principe is a multiparty
democracy. The Government is composed of an executive branch, a
unicameral legislature (the National Assembly), and an independent
judiciary. The President appoints the Prime Minister, who in turn
appoints the ministers of the Government. Miguel Trovoada, an
independent, was elected President in 1991 for a 5-year term. The
Movement for the Liberation of Sao Tome and Principe (MLSTP), which had
ruled prior to 1990 as the sole legal party, won a plurality in free and
fair legislative elections in 1994 and formed the new Government led by
Prime Minister Carlos da Graca.
The Minister of National Defense, Security, and Internal Order
supervises the military, many of whose members are part-time farmers or
fishermen, and the police. In August a group of military officers
attempted a coup d'etat, killing one person and holding the President
hostage for a week. The Angolan Foreign Minister mediated an agreement
whereby the officers involved in the coup attempt released President
Trovoada and received a parliamentary amnesty, endorsed by Presidential
decree. As another condition of his return to power, the President
agreed to give the military officers' council a greater voice in
decisions affecting the military.
The economy is based on the export of a single product, cocoa, produced
in an archaic state-run system of plantations called "empresas." The
Government has privatized some of the state-held land but has had
limited success in privatizing state-owned enterprises. The Government
began a new structural adjustment program, but the economy continues to
face serious difficulties. The annual inflation rate is 35 percent,
unemployment is 27 percent, total external debt is 15 times gross
domestic product, and the country is highly dependent on foreign aid.
Per capita income is less than $250 per year.
The Government continued to respect the rights of its citizens. The
principal human rights problems continued to be an inefficient judicial
system, harsh prison conditions, discrimination and violence against
women, and outdated plantation labor practices that limit worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In August military officers seized the presidential palace and killed a
guard who sought to stop them. In the settlement restoring civilian
rule, the National Assembly passed an amnesty sheltering the officers
involved from prosecution.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture or cruel and inhuman punishment.
There were no reports of violations such as beatings or other cruel
treatment during arrests or interrogations.
Prison conditions are harsh but not life threatening. While there is no
indication that human rights monitors have requested permission to make
prison visits, it is believed the Government would permit such visits if
requested.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for procedural protections in case of
detention. The President was held hostage for a week by the military
but was released after mediation by the Angolan Foreign Minister. There
was no evidence of any other arbitrary arrest or detention.
Exile is not used as a punishment, and all those exiled under the one-
party regime of 1975-1990 are free to return.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
judiciary has returned verdicts against both the President and the
Government. The legal system is based on Portuguese law and customary
law, with the Supreme Court at the apex. The Government has important
appointive and other judicial powers, including setting salaries for
judges and all ministerial employees in accordance with standard
government salary guidelines. Government salaries are extremely low,
and the authorities are concerned that judges may be tempted to accept
bribes. The authorities maintain that they continue to respect the
independence of the judiciary.
The Constitution provides for the right to fair public trial, the right
of appeal, and the right to legal representation. In practice, however,
the judicial infrastructure suffers from severe budgetary constraints,
inadequate facilities, and a shortage of trained judges and lawyers,
causing long delays in bringing cases to court and greatly hindering
investigations in criminal cases.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the integrity of the person and the right
to privacy of home, correspondence, and private communication. The
Government does not engage in intrusive practices, such as surveillance
of people or the monitoring of communications. The judicial police are
responsible for criminal investigations and must obtain authorization
from the Ministry of Justice to conduct searches.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression and freedom of the
press, and the Government generally respects these rights in practice.
One government-run and four independent newspapers have published in the
past; none appeared in 1995 due to financial constraints and to the lack
of printing facilities.
Television and radio are state operated. While there are no independent
local stations, there are no laws forbidding them. The Voice of America
and Radio France International are rebroadcast locally. The law grants
all opposition parties access to the state-run media, including a
minimum of 3 minutes per month on television.
All parties freely distribute newsletters and press releases giving
their views and criticizing the Government, the President, and one
another. There were no reports of government censorship or threats of
censorship from any group, nor any reports of efforts by national
security forces to suppress criticism. During the short military
intervention in August, national television and radio carried no
reporting on the domestic political situation except for press
conferences given by the military. International telecommunications
continued to function normally. Subsequently, the Government invited
Cable News Network to visit the country to prepare a report on the
event.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government respects
them in practice. The Government requires that requests for
authorization of large-scale events be filed 48 hours in advance and
usually grants the appropriate permits.
c. Freedom of Religion
The Constitution provides for religious freedom, and the Government
respects this right in practice. There are no restrictions on the
activities of foreign clergy.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Under the Constitution and in practice, citizens have the right to move
freely within the country, to travel abroad, and to emigrate and return.
The Government has traditionally welcomed those seeking refuge or
asylum.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercised this right for the first time in free and fair
presidential and legislative elections in 1991 and again in the
legislative elections of October 1994. These elections resulted in the
peaceful transfer of power between political party coalitions. Each of
the three principal political parties has significant representation in
the unicameral National Assembly. Elections are by secret ballot on the
basis of universal suffrage for citizens 18 years of age or older.
The Constitution provides for the election of the President, who as Head
of State names the Prime Minister. The Prime Minister appoints members
of the Government. Following restoration of constitutional government
after the August coup attempt, the President asserted that "political
forces" had sought to take advantage of the military. He declined to
name any persons or parties in this regard. Presidential elections are
scheduled for 1996.
There are no restrictions in law or in practice on the participation of
women in politics. However, women are underrepresented in the
legislature. They currently hold 3 of the 55 seats in the National
Assembly, and there are no women in the Cabinet. A woman elected in
December to chair a major opposition party declared herself an
independent candidate for the presidential election in 1996.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A small number of local human rights groups have formed since 1991 and
operate without restriction or governmental interference. There were no
known requests by international human rights groups to visit the
country.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for the equality of all citizens regardless of
sex, race, racial origin, political tendency, creed, or philosophic
conviction. However, the Government has not sought actively to enforce
these provisions.
Women
While the extent of the problem is unknown, violence against women
occurs, and medical professionals and officials report firsthand
experience in dealing with violence, including rape. They also report
that although women have the right to legal recourse--including against
spouses--many are reluctant to bring a complaint or are ignorant of
their rights under the law. Traditional beliefs and practices also
inhibit women from taking domestic disputes outside the family.
While the Constitution stipulates that women and men have equal
political, economic, and social rights, and while many women do have
access to opportunities in education, business, and government, in
practice women still encounter significant societal discrimination.
Traditional beliefs concerning the division of labor between men and
women leave women with much of the hard work in agriculture, with most
child-rearing responsibilities, and with less access to education and to
the professions. Female literacy is approximately 62 percent (compared
to male literacy of 85 percent).
Children
A number of government and donor-funded programs have been established
to improve conditions for children. There has been improvement in
maternity and infant care, in nutrition, and in access to basic health
services, especially in urban areas. Mistreatment of children is not
widespread.
People With Disabilities
The law does not mandate arrangements to provide access to buildings,
transportation, or services for persons with disabilities.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for freedom of association and the right to
strike. Few unions exist in the very small modern wage sector. One
confederation, the Independent Union Federation, has been attempting to
organize workers on the large state-owned plantations, but it has met
with only limited success. Independent cooperatives, on the other hand,
have taken advantage of the government land distribution program to
attract workers and in many cases significantly to improve production
and incomes. Public sector employees still comprise the great majority
of wage earners. Government employees and other essential workers are
allowed to strike and did so repeatedly. There are no laws or
regulations prohibiting employers from retaliating against strikers.
There are no restrictions barring trade unions from joining federations
or affiliating with international bodies.
b. The Right to Organize and Bargain Collectively
The Constitution provides that workers may organize and bargain
collectively. However, due to its role as the principal employer in the
wage sector, the Government remains the key interlocutor for labor on
all matters, including wages. There are no laws prohibiting antiunion
discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and such labor is not
practiced.
d. Minimum Age for Employment of Children
Employers in the modern wage sector generally respect the legally
mandated minimum employment age of 18 years. The Ministry of Justice
and Labor is responsible for enforcing this law. In subsistence
agriculture, on plantations, and in informal commerce, children do work,
sometimes from an early age.
e. Acceptable Conditions of Work
Working conditions on many of the state-owned plantations--the biggest
wage employment sector--border on the medieval. There is no legally
mandated minimum wage. The average salary for plantation workers does
not permit a decent standard of living, and its real value is constantly
eroded by high rates of inflation. In principle, workers are provided
free (but inadequate) housing, rudimentary education, and health care,
as well as the privilege of reduced prices and credit at the "company
store." These arrangements are intended to subsidize food and clothing.
Corruption is an everyday fact, however, and international lending
institutions have criticized the Government for ineffective
administration of these subsidies. Workers are often forced to pay
higher prices on the parallel market to obtain the goods theoretically
provided at a discount as part of their compensation.
The legal workweek is 40 hours with 48 consecutive hours mandated for a
rest period, a norm respected in the modern wage sector. The Social
Security Law of 1979 prescribes basic occupational health and safety
standards. Inspectors from the Ministry of Justice and Labor are
responsible for enforcement of these standards, but their efforts are
ineffective. Employees have the right under the law to leave unsafe
working conditions.
*There is no U.S. Embassy in Sao Tome and Principe. Information
available on the human rights situation is limited.
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