Country Report

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  • Country: Sao Tome and Principe
  • Language: English
  • Document Type: Publication
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SAO TOME AND PRINCIPE

The Democratic Republic of Sao Tome and Principe is a multiparty constitutional
democracy with a population of approximately 20 0,000 . The head of state is
President Fradique Bandeira Melo De Menezes, who was re elected in 2006 . The
head of government is Prime Minister Patrice Emery Trovoada , whose party won
the most seats in legislative elections held August 1 . International observers
deemed both the 2006 presidential and August 1 legislative elections free and fair .
Security forces reported to civilian authorities .

Human rights abuses included difficult prison conditions ; prolonged pretrial
detention ; official impunity ; official corruption; violence and discrimination
against women ; child labor ; and harsh forced labor conditions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or
unlawful killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cr uel, Inhuman, or Degrading T reatment or
Punishment
The constitution and law prohibit such practices, and there were no reports that
government official s employed them.
Prison and Detention Center Conditions
Prison conditions were difficult , but not life threatenin g. M edical care was poor,
and food was often inadequat e. Extreme high t emperature often occurred and
ventilation was often insufficient .

SAO TOME AND PRINCIPE 2
Pretrial prisoners were held with convicted prisoners, and juveniles were held with
adults . There is one prison and no jails or detention centers . Police stations ha ve a
small room or space to incarcerate an offender for brief periods .
There were a total of 218 prison inmates and 87 pretrial detainees . The number of
inmates included 8 women and 25 juveniles. There were no reports of prison
deaths.
Prisoners and detainees had reasonable access to visitors on a weekly basis and
were permitted religious observance s. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without censorship and to
request investigation of credible allegations of inhumane conditions . Legal
representatives are available to address prisoner grievances.

The government investigated and monitored prison and detention center conditions
through the Ministry of Justice.
The government permits human rights monitors to visit the prison; however, there
were no such visits during the year.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detentio n, and the
government generally observed these prohibitions.
Role of the Police and Security Apparatus
In August , with the formation of the 1 4th constitutional governmen t in the
country’s history, the national police and immigration service again were put under
the control of the Ministry of Defense and Public Security . The Ministry of
Defense and Public Security con tinues to supervise and control the military .
Despite in creased personnel and training s offered throughout the year, the police
remained ineffective and were widely viewed as corrupt . Impunity was a problem,
and efforts to reform the Criminal Investigation Police, a separate agency under the
Ministry of Justice , were unsuccessful, primarily due to inadequate resources.
Arrest Procedures and Treatment While in Detention
The law requires arrest warrants issued by an authorized official to apprehend
suspects, unless the suspect is caught during the commission of a crime . The law
requires a determination within 48 hours of the legality of a detention, and

SAO TOME AND PRINCIPE 3
authorities generally respected this right . Detainees are informed promptly of
charges against them and are allowed prompt access to family members . Detainees
are a llowed prompt access to a lawyer and, if indigent, to one provided by the state .
There was a functioning bail system .
However, severe budgetary constraints continued to result in lengthy pretrial
detention and greatly hindered investigations in criminal cases . Inadequate
facilities and a shortage of trained judges and lawyers were additional factors
leading to lengthy pretrial detention .
According to the di rector of the Sao Tome prison, 30 percent of the country’s
pris oners were awaiting trial during the year , and approximately 24 pretrial
detainees had been held for more than a year . The majority of prisoners were
young adults 18 to 30 years old.
e. Denial of Fair Public Trial
The constitution and law provide for an independent judiciary; however, at times
the judicial system was subject to political influence or manipulation . Judicial
salaries remained low, and judges reportedly accept ed bribes .
Trial Procedures
The constitution provides for the right to a fair public trial by a judge (juries are
not used), the right of appeal, the right to legal representation, and, if a person is
indigent, the right to an attorney provided by the state . Defendants are presumed
innocent, have the right to confront their accusers, confront witnesses, access
government evidence, and present evidence and witnesses on their own behalf .
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
The same courts consider both criminal and civil cases, but different procedures
are used in civil cases . Plaintiffs may bring lawsuits seeking damages for, or
cessation of, a human rights violation; there are also administrative and judicial
remedies for alleged wrongs.

SAO TOME AND PRINCIPE 4
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The constitution and law prohibit such actions, and the government generally
respected these prohibitions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide fo r freedom of speech and of the press, and the
government generally respected these rights; however, journalists practiced
self -censorship. The law grants all opposition parties access to the state -run media,
including a minimum of three minutes per month on television.
Individuals could privately or publicly criticize the government, including specific
officials, without fear of reprisal . There were no reports of th e government
impeding criticism . Two government -run and seven independent newspapers and
newsletters were published sporadically, usually on a monthly or biweekly basis;
resource constraints determined publishing frequency . The independent media
were active and expressed a wide variety of vie ws without restriction . International
media operated fr eely . The government operated television and radio stations .
Several foreign broadcasters also were rebroadcast ed locally .
Internet Freedom
There were no government restrictions on access to the Internet or reports that the
government monitored e -mail or Internet chat rooms . Individuals and groups could
engage in the peaceful expression of views via the Internet, including by e -mail .
International Telecommunication Union Statistics for 2009 indica te that 16.4
percent of inhabitants used the Internet . Severe lack of infrastructure, including
inadequate electricity and communications networks, limited public access to the
Internet.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association

SAO TOME AND PRINCIPE 5
The constitution and law provide for freedom of peaceful assembly and association,
and the government generally respected these rights.
c. Freedom of Relig ion
For a description of religious freedom, please see the Department of State’s 2010
International Religious Freedom Report at www.state.gov/g/drl/irf/rpt/ .
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The constitution and law provide for freedom of movement within the country,
foreign travel, emigration, and repatriation, and the government g enerally
respected these rights . The law does not prohibit forced exile; however, there were
no reports that the government used it practice .
Protection of Refugees
The law does not specifically provide for the granting of asylum or refugee status
in accordance with the 1951 UN Convention relating to the Status of Refugees and
its 1967 protocol . T he government has not established a system for providing
protection to refugees . In practice the government provided protection against the
expulsion or return of refugees to countries where their lives or freedom would be
threatened . During the year there were no known requests for refugee or asylum
status .
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
The constitution and law provide citizens the right to change their government
peacefully, and citizens exercised this right in practice through periodic and
ge nerally free and fair elections based on universal suffrage.
Elections and Political Participation
The August legislative elections gave a plurality of seats in the National Assembly
to the Independent Democratic Action (ADI) party . The ADI subsequently formed
a government headed by Prime Minister Patrice Trovoada, who took office on
August 14 . International observers deemed the election generally free and fair .

SAO TOME AND PRINCIPE 6
Local and regional elections were held on July 25 . The ADI won control of two of
six districts in these elections; the principal opposition party , the Movement for the
Liberat ion of Sao Tome and Principe , won four district s, and a new party, Union
for Change and Progress of Principe , won the presidency of the regional
government in Principe.
Political parties operated without restriction or government interference.
Women held positions throughout the government, including 11 seats in the 55 -seat
National Assembly, one of 13 cabinet positions, one seat on the three -member
Supreme Court, and two of the 12 judgeships in the circuit courts.
Section 4 Official Corruption and Government Transparency
The law provides criminal penalties for official corruption; however, the
government did not implement the law effectively, and officials frequently
engaged in corrupt practices with impunity. The police remained ineffective and
were widely viewed as corrupt.
The World Bank’s 200 9 Worldwide Governance Indicators ref lected that
corruption was a serious problem . Public officials were not subject to financial
disclosure laws.
There are no laws that provide for public access to government information;
however, there were no reports that the government restricted access t o
information by citizens or noncitizens, including foreign media.
Section 5 Governmental Attitude Regarding International and Nongovernmental
Investigation of Al leged Violations of Human Rights
In the past a small number of domestic human rights groups generally operated
without government restriction, investigating and publishing their findings on
human rights cases . Because of the general respect for human rights, such groups
generally remained inactive . Government officials generally were cooperative and
responsive to their views.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for the equality of all citizens regardless of gender, race,
social origin or status, political views, creed, philosophical convictions, disability,
or language; nevertheless , women faced discrimination .

SAO TOME AND PRINCIPE 7

Women

Rape, including spousal rape, is illegal and punishable by two to 12 years’
imprisonment . Rape occurred occasionally, with prosecution most likely in cases
where ther e was evidence of violent assault as well as rape or if the victim was a
minor . However, no statistics on prosecutions were available . Government family
planning clinics and nongovernmental organizations (NGOs) sought to combat
rape by raising awareness of the problem.
Widespread r eports of domestic violence, including rape, against women continued.
Although women have the right to legal recourse , including against spouses , many
were reluctant to bring legal action because of the cost and a general lack of faith
in the legal system to effectively address their concerns. Women were often
ignorant of their rights under the law . Tradition inhibited women from taking
domestic disputes outside the family . The law specifically address es domestic
violence cases . If the victim misses fewer than 10 days of work, the penalty for
assault is six months in prison . If the victim misses 10 to 20 workdays , the penalty
is one year, and so forth . The law was strictly enforced, but there was no data on
the number of prosecutions or convictions for domestic violence .
The Office of Women’s Affairs and the UN Children’s Fund maintained a
counseling center with a hotline . While the hotline did not receive many calls due
to unreliable telephone service, t he counseling center received numerous walk -ins.
The law does not prohibit sexual harassment, and it was a problem . No data was
available on its extent.
The government recognized the right of couples and individuals to decide freely
and responsibly the number, spacing, and timing of their children. Health clinics
and local NGOs were permitted to operate freely in disseminating information on
family plannin g under the guidance of the Ministry of Health. There were no
restrictions on the right to access contraceptives, but they were not widely used.
Due to a lack of funds , NGOs and the Ministry of Health had insufficient supplies
of contraceptives, leading to a decrease in availability and use. The government
provided free childbirth services, but the lack of sufficient doctors obliged many
women, especially in rural areas, to rely on nurses or midwives during childbirth,
unless the mother or child suffered mo re serious health complications. Pre – and
post -natal care outside of the family is rare. Men and women received equal access

SAO TOME AND PRINCIPE 8
to diagnosis and treatment for sexually transmitted infections, including HIV, but
women were more likely than men to seek treatmen t and refer their partners.
The constitution stipulates that women and men have equal political, economic,
and social rights. Women did not experience economic discrimination. While
many women have access to opportunities in education, business, and govern ment,
women in general continued to encounter significant societal discrimination.
Traditional beliefs left women with most child -rearing responsibilities and with
less access to education or entry into professions. A high teenage pregnancy rate
further re duced economic opportunities for women. The Gender Equality Institute
within the Office of Women’s Affairs held numerous seminars and workshops to
raise awareness of discrimination against women.
Children
Citizenship is acquired either through parents or by being born within the country.
Either parent, if a citizen, can confer citizenship to a child born outside the country.
The law requires all children born in the country to be registered in the hospital
where they are born. If not born in a hospital, th e child must be registered at the
nearest precinct. Failure to register a birth can lead to a fine.
By law education is universal, compulsory through sixth grade, and tuition -free to
the age of 15 or sixth grade. In practice many rural students stopped att ending
school after the fourth grade. A number of government and donor -funded programs
operated to improve conditions for children, notably an ongoing malaria control
project and a program for acquisition of school and medical equipment.
Mistreatment of ch ildren was not widespread; however, there were few protections
for orphans and abandoned children.
There were reports of children engaged in prostitution. There is no statutory rape
law or specific legislation to prohibit child pornography. However, the go vernment
uses other laws such as kidnapping or unlawful forced labor, as well as its existing
rape -related laws , to address instances of sexual exploitation of children.
The Ministry of Labor and Solidarity operated a social services program that
collecte d street children in three centers where they attended classes and received
training. Conditions at the centers were good; however, because of overcrowding,
some children were returned to their families to sleep at night, and a few of these
children ran aw ay.
Anti -Semitism

SAO TOME AND PRINCIPE 9
There was no known Jewish community and no reports of anti -Semitic acts.
Trafficking in Persons
For information on trafficking in persons, please see the Department of State’s
annual Trafficking in Persons Report at www.state.gov/g/tip .
Persons with Disabilities
The law does not prohibit discrimination against persons with physical or mental
disabilities; however, there were no reports of discrimination against such persons.
The law does not mandate access to buildings, transportation, or services for
persons with disabilities. Local NGOs that criticized the government in the past for
not implementing accessibility programs for such persons were not active during
the year.
Societ al Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
There is no law criminalizing sexual orientation ; however, there was societal
discrimination based on sexual orientation.
Other Societal Violence and Discrimination
Persons with HIV/AIDS were often rejected by their communities and shunned by
their families. However, there were no reports that workers were discriminated
against due to their HIV/AIDS status. As in the previou s year, there were a number
of government -sponsored workshops and awareness campaigns to reduce such
discrimination. The government also provided free AIDS testing and distributed
antiretroviral drugs to all recognized patients.
Section 7 Worker Rights
a. The Right of Association
The constitution and law allow workers to form and join unions of their choice
without previous authorization or excessive requirements, and workers generally
exercised this right in practice . There were no r eliable statistics rega rding the
disposition of the country’s workforce .

SAO TOME AND PRINCIPE 10
Only two unions existed in the very small formal wage sector: the General Union
of Workers and the National Organization of Workers of Sao Tome and Principe .
Both represented government workers, who constituted the majority of formal
sector wage earners, and members of farmers’ cooperatives . The law do es not
prohibit antiunion discrimination.
The constitution provides for the freedom to strike, including by government
employees and other essential wo rkers ; however, the laws do not prohibit
retaliation against strike rs . No strikes occurred during the year. The provisions
regulating strike s require that a majority is needed to call a strike , and replacement
workers can be hired without consultation with the trade unions to perform
essential services in the event the enterprise is threatened by a strike . The law also
require s compulsory arbitration for services , including postal, banking , and loan
services .
b. The Right to Organize and Bargain Collectively
The constitution and law state that workers may organize and bargain collectively;
however, workers’ collective bargaining right s remain relatively weak due to the
government’s role as the principal employer in th e formal wage sector and key
interlocutor for organized labor on all matters, including wages.
There were no laws prohibiting antiunion discrimination; however, there were no
reports such discrimination occurred.
There are no export processing zones.
c. Pr ohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including by children, and there
were no reports that such practices occurred. There is no evidence or statistics o f
such forced la bor.
d. Prohibition of Child Labor and Minimum Age for Employment
There are laws to protect children from exploitation in the formal sector workplace ,
but they are utilized only rarely and on a case -by -case basis.
Employers in the formal wage sector generally respected the legally mandated
mini mum employment age of 18 . The law prohibits minors from working more
than seven hours a day and 35 hours a week . Children worked in subsistence

SAO TOME AND PRINCIPE 11
agriculture on farms , informal commerce, and domestic work . Children in low
income families were sometimes sent to work on local farms and boarded away
from home . No cases of child labor abuses were prosecuted, although the law
states that employers of underage workers can be fined . The Ministry of Health
and Social Affairs is responsible for enf orcing child labor laws.
Unlike the previous year, there were no government initiatives taken to prevent
child labor ; however, a media campaign against it continued . The Ministry of
Education mandated compulsory school attendance from the fourth to the sixth
grade, and the government granted some assistance to several low -income families
to keep their children in school . The Ministry of Labor utilized teams of labor
inspectors to increase inspections at work sites.
e. Acceptable Conditions of Work
There is no national minimum wage . The legal minimum wage for civil servants of
750,000 dobras ($ 42 ) per month was not sufficient to provide a decent standard of
living for a worker and family . Working two or more jobs was common . The labor
law specifies occupations in which civil servants may work if they pursue a second
job . Civil servants in “strategic sectors,” such as the court system, the m inistries of
finance, customs, and education, the Criminal Investigation Police , and the military ,
earned up to 400 percent more than other public sector employees.
Working conditions on many of the cocoa farms – the largest informal wage sector
– were unregulated and extremely harsh . The average salary for agricultural
workers did not provide a decent standard of living for a worker and family, and
the purchasing power of their pay was further eroded by inflation .
The legal workweek is 40 hours, with 48 consecutive hours mandated for rest .
However, shopkeepers could work 48 hours a week with eight hours of overtime or
in shifts . The law provides for compensation for overtime work .
The law prescribes basic occupational health and safety standards; however, due to
resource constraints, the Ministry of Justice and the Ministry of Health and Social
Affairs , which covers labor issues , did not monitor labor conditions sufficiently,
and enforcement of these standards seldom occurred . Employees have the right to
leave unsafe working conditions, but none sought to do so, and enforcement of the
right was very limited.