Human Rights In São Tomé And Príncipe
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The U.S. Department of State's
Country Report on Human Rights Practices Country Reports on Human Rights Practices are annual publications on the human rights conditions in countries and regions outside the United States, mandated by U.S. law to be submitted annually by the Bureau of Democracy, Human Rights, and Labor of ...
for
São Tomé and Príncipe São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is an island country in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two archipelagos around the two main isla ...
states that the government generally respects the human rights of its citizens, despite problems in a few areas. São Tomé and Príncipe is one of 11
sub-Saharan Africa Sub-Saharan Africa is the area and regions of the continent of Africa that lie south of the Sahara. These include Central Africa, East Africa, Southern Africa, and West Africa. Geopolitically, in addition to the list of sovereign states and ...
n countries rated "free" in the 2006 Freedom in the World survey published annually by
Freedom House Freedom House is a nonprofit organization based in Washington, D.C. It is best known for political advocacy surrounding issues of democracy, Freedom (political), political freedom, and human rights. Freedom House was founded in October 1941, wi ...
, a pro-democracy organization that monitors political rights, civil liberties, and press freedom around the world. On a scale from 1 (most free) to 7 (least free), São Tomé received a 2 for both political rights and civil liberties.


Political rights

From independence in 1975 until 1990, the country was a
one-party state A one-party state, single-party state, one-party system or single-party system is a governance structure in which only a single political party controls the ruling system. In a one-party state, all opposition parties are either outlawed or en ...
with restricted political rights. In 1990, citizens approved a constitution that established a multiparty
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
. Since then, nine national elections in São Tomé and Príncipe have taken place: four elections for
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
(in
1991 It was the final year of the Cold War, which had begun in 1947. During the year, the Soviet Union Dissolution of the Soviet Union, collapsed, leaving Post-soviet states, fifteen sovereign republics and the Commonwealth of Independent State ...
,
1996 1996 was designated as: * International Year for the Eradication of Poverty Events January * January 8 – A Zairean cargo plane crashes into a crowded market in the center of the capital city of the Democratic Republic of the Congo ...
,
2001 The year's most prominent event was the September 11 attacks against the United States by al-Qaeda, which Casualties of the September 11 attacks, killed 2,977 people and instigated the global war on terror. The United States led a Participan ...
, and
2006 2006 was designated as the International Year of Deserts and Desertification. Events January * January 1– 4 – Russia temporarily cuts shipment of natural gas to Ukraine during a price dispute. * January 12 – A stampede during t ...
) and five for the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
(
1991 It was the final year of the Cold War, which had begun in 1947. During the year, the Soviet Union Dissolution of the Soviet Union, collapsed, leaving Post-soviet states, fifteen sovereign republics and the Commonwealth of Independent State ...
,
1994 The year 1994 was designated as the " International Year of the Family" and the "International Year of Sport and the Olympic Ideal" by the United Nations. In the Line Islands and Phoenix Islands of Kiribati, 1994 had only 364 days, omitti ...
,
1998 1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The ''Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for Lunar water, frozen water, in soil i ...
,
2002 The effects of the September 11 attacks of the previous year had a significant impact on the affairs of 2002. The war on terror was a major political focus. Without settled international law, several nations engaged in anti-terror operation ...
, and
2006 2006 was designated as the International Year of Deserts and Desertification. Events January * January 1– 4 – Russia temporarily cuts shipment of natural gas to Ukraine during a price dispute. * January 12 – A stampede during t ...
). All of these elections were conducted to be generally free, fair, and transparent by domestic and international monitors. Elections at the local level were conducted for the first time in 1992. Príncipe was granted
autonomy In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
in 1994 and elected a regional assembly and government in 1995.


Civil liberties

Freedoms of assembly, association, movement, and
religion Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
are constitutionally guaranteed and generally respected by the government.
Academic freedom Academic freedom is the right of a teacher to instruct and the right of a student to learn in an academic setting unhampered by outside interference. It may also include the right of academics to engage in social and political criticism. Academic ...
is respected.


Press freedom

According to the U.S. State Department, "The law provides for
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
and of the press, and the government generally respected these rights. It also notes that some journalists practice
self-censorship Self-censorship is the act of censoring or classifying one's own discourse, typically out of fear or deference to the perceived preferences, sensibilities, or infallibility of others, and often without overt external pressure. Self-censorship is c ...
." Television and radio are state operated and there are no independent stations, due to economic and market constraints. There is no law prohibiting the establishment of such stations and all opposition parties have access to the state-run media, including a minimum of three minutes per month on television. Opposition newsletters and pamphlets criticizing the government circulate freely. São Tomé's press is rated as 'free' by the
Freedom House Freedom House is a nonprofit organization based in Washington, D.C. It is best known for political advocacy surrounding issues of democracy, Freedom (political), political freedom, and human rights. Freedom House was founded in October 1941, wi ...
organization. In its 2006 Press Freedom Survey, São Tomé ranked 5th out of Sub-Saharan Africa's 48 countries in terms of press freedom – trailing only
Mali Mali, officially the Republic of Mali, is a landlocked country in West Africa. It is the List of African countries by area, eighth-largest country in Africa, with an area of over . The country is bordered to the north by Algeria, to the east b ...
,
Mauritius Mauritius, officially the Republic of Mauritius, is an island country in the Indian Ocean, about off the southeastern coast of East Africa, east of Madagascar. It includes the main island (also called Mauritius), as well as Rodrigues, Ag ...
,
Ghana Ghana, officially the Republic of Ghana, is a country in West Africa. It is situated along the Gulf of Guinea and the Atlantic Ocean to the south, and shares borders with Côte d’Ivoire to the west, Burkina Faso to the north, and Togo to t ...
, and
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
br>
Freedom House describes the country's press freedom situation as follows: ''"The Constitution of São Tomé guarantees freedom of the press and the government has an exemplary history of respecting these rights in practice. Publications that criticize official policies circulate freely without journalists being arrested, jailed, tortured or harassed. However, journalists do practice a good degree of self-censorship, and often depend on official news releases for their reports which inhibits the growth of investigative journalism. Lack of advertising revenue, technology, media training and poor salaries also constitute major handicaps for journalists."'' Other prominent press freedom organizations such as
Reporters Without Borders Reporters Without Borders (RWB; ; RSF) is an international non-profit and non-governmental organisation, non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its a ...
(RSF),
International Press Institute International Press Institute (IPI) is a global organisation dedicated to the promotion and protection of press freedom and the improvement of journalism practices. The institution was founded by 34 editors from 15 countries at Columbia Universit ...
(IPI), and the
Committee to Protect Journalists The Committee to Protect Journalists (CPJ) is an American 501(c)(3) nonprofit organization based in New York City, with correspondents around the world. CPJ promotes press freedom and defends the rights of journalists. The '' American Journalism ...
(CPJ) don't include São Tomé in their annual reports.


Rule of law


Judiciary and judicial process

An independent judiciary, including a
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
with members designated by, and responsible to, the National Assembly, was established by the 1990 referendum on multiparty rule. The Supreme Court has ruled against both the government and the president, but is occasionally subject to manipulation. The court system is overburdened, understaffed, inadequately funded, and plagued by long delays in hearing cases. The law provides for the right to a fair public trial, the right of appeal, the right to legal representation, and, if indigent, the right to an attorney appointed by the state. Defendants are presumed innocent, have the right to confront witnesses, and to present evidence on their own behalf. However, inadequate resources resulted in lengthy pretrial detentions and greatly hindered investigations in criminal cases.


Conduct of security forces

There were no reports that the government or its agents committed arbitrary or unlawful killings, torture, or politically motivated disappearances.


Prison conditions

Prison conditions in the country are described as "harsh, but not life-threatening" in the state department's report. Facilities are reportedly overcrowded, and food was inadequate. Some pretrial prisoners were held with convicted prisoners. The government permits human rights monitors to visit prisons.


Capital punishment

Capital punishment was abolished in São Tomé and Príncipe in 1990. São Tomé and Príncipe ratified the
Second Optional Protocol to the International Covenant on Civil and Political Rights The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 D ...
on January 10, 2017.


Corruption

Official corruption is a serious problem. São Tomé and Príncipe was not surveyed in
Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil s ...
's 2005
Corruption Perceptions Index The Corruption Perceptions Index (CPI) is an index that scores and ranks countries by their perceived levels of public sector corruption, as assessed by experts and business executives. The CPI generally defines corruption as an "abuse of entr ...
.


Societal discrimination

The law provides for the equality of all citizens regardless of sex, race, racial origin, political tendency, creed, or philosophic conviction, and while the government actively enforced these provisions, women faced discrimination. Domestic violence against women occurred, including rape, but the extent of the problem was unknown. Although women have the right to
legal recourse A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty. * A lawsuit if the issue is a matter of Civil law (common law), civil law * Contracts that require mediation or arbitration ...
-–including against spouses–-many were reluctant to bring legal action or were ignorant of their rights under the law. Tradition inhibited women from taking domestic disputes outside the family. The law stipulates that women and men have equal political, economic, and social rights. While many women have access to opportunities in education, business, and government, in practice women still encountered significant societal discrimination. Mistreatment of children was not widespread; however, there were few protections for orphans and abandoned children. Child labor was a problem. There were no reports of persons being trafficked to, from, or within the country.


Worker rights

The rights to organize, strike, and bargain collectively are guaranteed and respected. Few unions exist, but independent cooperatives have taken advantage of the government land-distribution program to attract workers. Because of its role as the main employer in the wage sector, the government remains the key interlocutor for labor on all matters, including wages. Working conditions on many of the state-owned cocoa plantations are harsh.


Historical situation

The following chart shows São Tomé and Príncipe's ratings since 1975 in the
Freedom in the World ''Freedom in the World'' is a yearly survey and report by the U.S.-based non-governmental organization Freedom House that measures the degree of civil liberties and political rights in every nation and significant related and disputed territ ...
reports, published annually by
Freedom House Freedom House is a nonprofit organization based in Washington, D.C. It is best known for political advocacy surrounding issues of democracy, Freedom (political), political freedom, and human rights. Freedom House was founded in October 1941, wi ...
. A rating of 1 is "free"; 7, "not free".


International treaties

São Tomé and Príncipe's stances on international human rights treaties are as follows:


See also

*
LGBT rights in São Tomé and Príncipe LGBTQ people are individuals who are lesbian, gay, bisexual, transgender, queer, or questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, asexual, aromantic, agender, and other individuals. The group i ...
*
Human rights in Africa Contributing to the establishment of human rights system in Africa are the United Nations, international law and the African Union which have positively influenced the betterment the human rights situation in the continent. However, extensive h ...


Notes

:1.Note that the "Year" signifies the "Year covered". Therefore, the information for the year marked 2008 is from the report published in 2009, and so on. :2.As of Independence on 12 July 1975, and 1 January for years thereafter. :3.The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through interpolation.


References


External links


2005 Human Rights Report on São Tomé and Príncipe
-
US Department of State The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs o ...

Freedom of expression in São Tomé and Príncipe
- IFEX
Freedom in the World 2011 Report
, by
Freedom House Freedom House is a nonprofit organization based in Washington, D.C. It is best known for political advocacy surrounding issues of democracy, Freedom (political), political freedom, and human rights. Freedom House was founded in October 1941, wi ...
{{DEFAULTSORT:Human rights in Sao Tome and Principe Sao Tome and Principe Law of São Tomé and Príncipe Society of São Tomé and Príncipe