AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: au-banjul@achpr.org; Web www.achpr.org
REPORT OF THE FIRST HUMAN RIGHTS PROMOTION MISSION
TO THE
DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE
1 - 4 OCTOBER 2019
1
TABLE OF CONTENTS
TABLE OF CONTENTS…...…………………………………………………………………………2
NOTICE TO READERS………….……………………………………...…………………………...6
ACKNOWLEDGEMENTS……………………………………………………………………………7
EXECUTIVE SUMMARY……………..………………………………………………………………8
PART ONE…………….……………………..………………………………………………....………11
I. INTRODUCTION…...………………………………………………………………………. …….11
II. TERMS OF REFERENCE.………………………………………………………………………...12
II. PROFILE OF THE DEMOCRATIC REPUBLIC OF SAO TOME ……………………………14
A. Overview of the historical, geographical, demographic, economic and international
profile of Sao Tome and Principe ……………………………………………………………...14
B. Overview of the form of government and administration of Sao Tome and Principe…..15
C. Legal framework for the promotion and protection of human rights……………………..16
African legal instruments……… ..…………………………………………………..……………….16
International legal instruments…………………………………………………………….…………16
Legal framework for the promotion and protection of human rights...………………...………. 17
PART TWO……………………………………………………………………………………………. 18
I. METHODOLOGY AND CONDUCT OF THE MISSION………………………………….18
II.MEETINGS AND OTHER ACTIVITIES OF THE COMMISSION’S DELEGATION…..18
1. Minister of Defence, representing the Minister of Foreign Affairs.………………….18
2. Ministry of Justice, Public Administration and Human Rights…………20
i. Directorate of Human Rights within the Ministry of Justice.…….20
ii.
Ministry of Justice, Public Administration and Human Rights
Ivete Santos Lima Correia……………………………………………………..21
3. Minister of Youth, Sports and Entrepreneurship, also representing the Minister
of Natural Resources.…… ………………………………………….…………………23
4. Minister of Agriculture, Fisheries and Rural Development………………………..24
5. Minister of Health, represented by the Minister of Justice………………………………..25
6. Minister of Tourism, Culture, Trade and Industry.………………………26
7. Minister for the Presidency of the Council of Ministers and Parliamentary
Affairs……………………………………………………………………………………27
8. President of the Supreme Court (Tribunal Supremo)…………………………………………27
9. President of the National Assembly.…………………………………………………………...28
10. Deputy Attorney General of the Republic.……………………………………………29
11. Judicial Police…………………………………………………………………………………..30
12. Commander of the National Police……………………………………………………………31
2
13. United Nations System in Sao Tome and Principe.………………………………………….31
14. Sao Tome and Principe Bar Association/Human Rights and Citizenship Platform…32
15. Red Cross……………………………...…………………………………………………. ….33
16. Associations of Disabled and Blind People of Sao Tome and Principe…………………34
17. Meeting with media stakeholders…………………………………………………….…. . .34
18. Visits to places relevant to human rights.……………………………………………. ……35
i. Visit to Lemba District…………………………………………………………………….35
A. Meeting at the Lemba District Town Hall in Neves……………………… …..….35
B. Guided tour of the Mae Clara Social Center in the city of Neves… … .. ... .… 36
ii. Visit and Meeting at Casa dos Pequeninos……………………………………… …… .. .37
ii. Visit to Sao Tomé prisons……………………………………………………… …… … 38
A. The main prison.………………………………………………………………..……… ..38
B. Military prison………………………………………………………………….…… ….38
19. Meeting with the Prime Minister……………………………………………………………...39
20. Meeting at the Office of the President of the Republic…………………..………………….40
21. Debriefing with the Minister of Justice.……………………………………………………….41
22. Press Conference………………………………………………………………………..……….41
PART THREE ……………………………………………………………………................................42
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN SAO TOME
AND PRINCIPE………….……………………………………………………………………………42
I. POSITIVE DEVELOPMENTS IN THE HUMAN RIGHTS SITUATION IN SAO TOME
AND PRINCIPE……….……………………………………….……………………………………...42
Political Dynamics and Will and Legal Reforms.…………………………….…………………….42
Ratification of International Human Rights Instruments and Cooperation with the
Commission………………………………………………………………………….…………...…….43
National Human Rights Institution/Ombudsman’s Office……………….…………………….44
The
Judiciary……………………………………………………………………………………………..44
Police……………………………………………………………………………………………………45
Prisons…………………………………………………………………………………………………..45
Freedom of expression, access to information and media……………………………… …46
Civil society action and cooperation between human rights actors.……………………..46
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Women, Children, People with Disabilities, Older Persons and Youth…………………………47
Efforts in the Tourism Sector………………………………………………………………….49
Santé et lutte contre le VIH……………………………………………………………………………49
Economic, Social and Cultural Rights…………………………………………………………….50
I.
AREAS OF CONCERN………………………………………..……………..50
Financial, human resources and infrastructure………………………………………..51
General
normative
framework
and
dynamics
among
authorities.……………………………………51
Ratification of International Human Rights Instruments and Cooperation with the
Commission………………………………………………………………………………………….51
Cultural and traditional barriers…………………………………………………………..52
NHRI……��………………………………………………………………………………………...….52
The
Judiciary..………………………………………………………………………………………………….
52
Police……………………………………………………………………………………………………53
Prisons…………………………………………………………………………………………………..53
Freedom
of
expression,
access
to
information
and
the
media..……………………………………………..54
Women, Children, People with Disabilities, Older Persons and Youth…………………………54
Economic, Social and Cultural Rights…………………………………………………………….55
Tourism development………………………………………………………………………55
PART FOUR: RECOMMENDATIONS…………………………………..……………56
For
the
attention
of
the
Government……………………………………………….…………………….56
Financial, human resources and infrastructure………………………………………..56
General
normative
framework
and
dynamics
among
authorities.…………………………………….56
Ratification of International Human Rights Instruments and Cooperation with the
Commission………………………………………………………………………………………….....57
NHRI…...……………………………………………………………………………………………….57
4
The
Judiciary……………………………………………………………………………...……………………
58
Police......………………………………………………………………………………………………..58
Prisons…………………………………………………………………………………………………..59
Freedom
of
expression,
access
to
information
and
the
media..……………………………………………..60
Femmes…………………………………………………………………………………………………60
Enfants et Jeunesse……………………………………………………………………………………..61
Personnes handicapées, personnes âgées……………………………………………………………61
Economic, Social and Cultural Rights…………………….…………………………………………61
Tourism development……………………………………..…………………………………………62
For the attention of Civil Society…………………..………………………………………………62
For the attention of the international community and partners………………………………..62
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NOTE TO READERS
This report was written at the end of the mission in 2019. However, for technical reasons, it
could not be adopted and published by the Commission. It should be recalled that this was the
last mission undertaken by the Commission before the suspension of all physical activities by
the African Union as a result of the COVID crisis.
Thus, some of the realities and data contained in the said report may not reflect the situation at
that moment and should be strictly perceived in that context prevailing at the time the
Commission's mission took place in October 2019.
The Commission is willing and convinced of the need to collaborate with the Republic of Sao
Tome with a view to conducting another promotion mission as soon as possible in order to have
an up-to-date reading of the reality of the human rights situation in this country, which is a
party to the African Charter on Human and Peoples' Rights.
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples' Rights (the Commission) expresses its
gratitude to the Government of Sao Tome and Principe for hosting this first human rights
promotion mission undertaken by a delegation of the Commission from 1 to 4 October 2019.
The Commission expresses its sincere gratitude to the highest authorities of the country for
providing the delegation with the necessary facilities and personnel for the smooth conduct of
the mission.
It also expresses its gratitude to Her Excellency Mrs. Ivete Santos Lima Correia, Minister of
Justice and Human Rights, for her personal involvement in the organization of the various
meetings which greatly contributed to the success of the mission.
The Commission is also extremely grateful to Ms. Lubilhana Andrade, Director of Cabinet of
the Minister of Justice, Mr. Gregorio Santiago, in charge of the Directorate of Human Rights at
the Ministry of Justice, and Ms. Katia Cassandra of the Ministry of Justice, for providing
logistical and other assistance to the delegation throughout its stay, especially with regard to
the practical organization of the various meetings and activities.
Finally, the Commission would like to thank the interpreters Ms. Cheila Fernandes Das Neves
and Mr. Leandro Lavres Da Costa who facilitated the delegation's exchanges with all the
stakeholders it met without being constrained by the language barrier in a country whose
official language is Portuguese.
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EXECUTIVE SUMMARY
Subsequent to the authorization of the Government of Sao Tome and Principe, and in
accordance with Article 45(1) of the African Charter on Human and Peoples' Rights (the
Charter), a delegation of the African Commission on Human and Peoples' Rights (the
Commission) undertook a human rights promotion mission in Sao Tome and Principe (Sao
Tome and Principe) from 1 to 4 October 2019.
The delegation was composed of the Honourable Commissioner Maria Teresa Manuela,
Commissioner Rapporteur on the Situation of Human Rights in the Democratic Republic of Sao
Tome and Principe; and Special Rapporteur on Prisons, Conditions of Detention and Policing
in Africa (Head of Delegation), and the Honourable Commissioner Hatem Essaiem, Chairman
of the Committee for the Prevention of Torture in Africa. The delegation was assisted by two
(2) Legal Officers (Mr. Bruno Menzan and Ms. Tatiana Sikunu) and Mr. Frederico Tamakloe, in
charge of Finance, all from the Secretariat of the Commission.
The purpose of the mission was, among others, to promote the African Charter and all other
regional and international human rights instruments ratified by the country; strengthen
relations between the Commission and Sao Tome and Principe, engage in dialogue with
relevant stakeholders, exchange views on ways and means of strengthening the enjoyment of
human rights in the country and seek information on human rights issues of particular interest
to the Commission; and encourage the Government of the Democratic Republic of Sao Tome
and Principe to submit outstanding initial/periodic reports and participate regularly in the
activities of the Commission, including the sessions.
Judging from the various meetings, exchanges and discussions with both State and non-State
actors on the promotion and protection of human and peoples' rights in Sao Tome and Principe,
as well as visits to two prisons, the delegation was able to note the relative stability prevailing
in the country at the time of its visit.
The Delegation congratulates the Government of Sao Tome and Principe for its unequivocal
political will and commitment to the effective enjoyment of human rights in the country. This
commitment is reflected in the appeasing tone and decisive actions of the highest authorities of
the country to install a climate of social harmony and democratic principles in the national
debate and the daily life of the country.
Thus, the Delegation acknowledges the progress made through the ratification of several
international and regional instruments since 2018 under the impetus of international partners
such as the African Union and the United Nations Development Program; the submission of
two reports under the Universal Periodic Review and the completion of the second report under
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the United Nations Charter for the Rights of the Child, which will be reviewed at the end of
2020; holistic efforts to combat domestic violence, gender-based violence and abuse of minors,
including the implementation of appropriate legislation, the creation of structures and
institutions for this purpose, including the counseling center against domestic/spousal
violence, awareness campaigns, including the "green ribbon" campaign against abuse of minors,
domestic violence, early pregnancy, drug use and other gender-based crimes, etc. efforts in
health and education, including those related to HIV-AIDS with a relatively low and declining
prevalence rate, availability and free access to antiretroviral drugs, and high and increasing
school enrollment; and acceptance by stakeholders including State actors of the human rights
challenges and their determination to work towards them, including submitting periodic
reports to the Commission and participating in its activities as required.
Despite these positive aspects, the Delegation is still concerned about the numerous persistent
challenges, including the unavailability, insufficiency, and scarcity of financial resources
necessary for the economic, social and developmental policy in all sectors of life of the country
and populations in Sao Tome and Principe, which stalls all the initiatives and other projects or
programs on human rights or that should have a positive impact on them; the non-submission
by Sao Tome and Principe of its initial and periodic reports to the Commission since its
accession to the Charter; the non-participation of Sao Tome and Principe in the activities of the
Commission, including its regular sessions; the high prevalence of abuse of minors, domestic
violence, early pregnancies, drug use and other gender-based crimes; despite the efforts
undertaken by stakeholders, the fragility of the judicial system with institutional and
normative flaws and lack of progress in the reform initiated for its improvement; and the
insufficiency of socio-economic infrastructure giving the population the possibility to fully
enjoy their human rights such as the right to justice, to health and other rights, especially for
the most vulnerable who face the problem of accessibility to these infrastructure which are too
often far from their place of residence.
Consequently, the Commission makes the following key recommendations that address the
main human rights issues in the country:
i.
All efforts and initiatives aimed at improving the enjoyment and protection of human
rights must be pursued and implemented as soon as possible;
ii.
The Delegation urges the Government to pursue and intensify the fight against domestic
violence, abuse against minors, the phenomenon of alcoholism and drugs as well as all
other acts that are harmful to the human rights of the populations of Sao Tome and
Principe that relate to tourism, whose repercussions must be effectively directed towards
9
the improvement of the living conditions of the populations by creating the necessary
socio-economic infrastructure;
iii.
The Government must resolutely put in place a normative framework to deal with
human rights problems encountered in Sao Tome and Principe, as well as undertake a
holistic reform of its judicial system including its obsolete laws dating from the colonial
era in order to adapt them to the realities of the moment, and the conditions of detention;
iv.
The Government should submit the initial and periodic reports of Sao Tome and Principe
that are still due, in accordance with Article 62 of the Charter and Article 26 of the
Protocol on the Rights of Women in Africa;
v.
The Delegation also calls on civil society organizations to continue to support the
promotion and protection of human rights in Sao Tome and Principe by using all
available platforms and mechanisms, including collaboration with the Commission.
The Delegation calls on the international community and international partners, on the one
hand, to assist the Government in mobilizing all the financial, human, technical and other
logistical means required to conduct the envisaged reform process, and on the other hand, to
maintain their support to the ongoing efforts to guarantee the promotion and protection of
rights and development in Sao Tome and Principe.
10
INTRODUCTION
1. The African Charter on Human and Peoples' Rights (the African Charter), adopted on 21
June 1981 by the Assembly of Heads of State and Government in Nairobi, Kenya, came
into force on 21 October 1986. Article 30 establishes the African Commission on Human
and Peoples' Rights (the Commission), thereby making it the principal organ of the
African Union (AU) for the promotion and protection of human rights. Sao Tome and
Principe (Sao Tome and Principe) is a State Party to the African Charter, having ratified
it on 23 May 1986.
2. Under Article 45 of the African Charter, the Commission is mandated to promote the
human rights and fundamental freedoms enshrined in the Charter, to ensure their
protection and monitor their implementation, interpret its provisions and provide legal
advice at the request of the Assembly of Heads of State and Government. In addition, the
Commission shall be responsible for collecting documents, undertaking studies and
research on African problems in the field of human and peoples' rights, organizing
seminars, symposia and conferences, disseminating information, encouraging national
and local institutions concerned with human and peoples' rights and, where appropriate,
giving advice or making recommendations to governments.
3. It is within the framework of the implementation of the Commission's human rights
promotion mandate that a delegation of the Commission composed of the Honourable
Commissioner Maria Teresa Manuela, Commissioner Rapporteur on the situation of
Human Rights in the Democratic Republic of Sao Tome and Principe, and Special
Rapporteur on Prisons, Conditions of Detention and Police Action in Africa (Head of
Delegation), the Honourable Commissioner Hatem Essaiem; Chair of the Committee for
the Prevention of Torture in Africa, assisted by two (2) Legal Officers (Mr. Bruno Menzan
and Miss Tatiana Sikunu) and Mr. Frederico Tamakloe, in charge of Finance, all from the
Secretariat of the Commission; visited Sao Tome and Principe from 1 to 4 October 2019
on a human rights promotion mission.
4. On this occasion, the Commission's delegation gathered specific information on the
human rights situation in Sao Tome and Principe, disseminated the African Union
conventions and Commission documents as well as all other relevant international
human rights instruments. Furthermore, the Commission increased its visibility and
sensitized all State and non-State actors on its work and its subsidiary mechanisms.
PART ONE
11
PART ONE
I.
TERMS OF REFERENCE.
5. The objectives of the mission were:
▪ To promote the African Charter, the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and other regional
human rights legal instruments;
▪ Strengthen relations between the Commission and the authorities of the Democratic
Republic of Sao Tome and Principe in the promotion and protection of the rights
enshrined in the African Charter and other relevant national, regional and universal legal
instruments;
▪ Exchange views and share experiences with the Santomean Government, as well as other
actors working in the field of human rights in the country, on strategies to improve the
enjoyment of these rights;
▪ Engage in dialogue with the Government of Sao Tome and Principe on legislative and
other measures taken to give full effect to the provisions of the African Charter, the
Maputo Protocol, and other regularly ratified instruments;
▪ Gather information on the situation of human rights defenders in the Democratic
Republic of Sao Tome and Principe and discuss with stakeholders the problems that
impede the effective enjoyment of the fundamental rights of human rights defenders;
▪ Advocate for the ratification of regional and international human rights legal
instruments that have not yet been ratified by the Democratic Republic of Sao Tome and
Principe;
▪ Seek information on human rights issues of particular interest to the Commission,
including the situation of prisons and conditions of detention, the human rights situation
of women and children; refugees, migrants and internally displaced persons; freedom of
expression, association and assembly; prevention of torture, the situation of human
rights defenders; independence of the judiciary; extractive industries; older persons and
people with disabilities; indigenous peoples/communities; and persons living with
HIV/AIDS;
▪ Have an insight into the level of enjoyment of civil and political rights, as well as
economic, social and cultural rights of the population of the Democratic Republic of Sao
Tome and Principe, as well as the measures taken by the Government to fulfil this
category of human rights;
▪ Visit prisons in the Democratic Republic of Sao Tome and Principe to assess the extent to
which prison conditions comply with regional and international standards, and discuss
with prison officials and other stakeholders, all matters relating to detention and the
12
▪
▪
▪
II.
Commission's work on this issue;
Meet with relevant human rights actors and discuss their programs, their assessment of
the human rights situation in the country, and challenges encountered in carrying out
their activities.
Sensitize the Government concerned about the Commission's activities in the Democratic
Republic of Sao Tome and Principe, in particular the departments and civil society
organizations (CSOs); and
Encourage the Government of the Democratic Republic of Sao Tome and Principe to
submit outstanding initial/periodic reports and participate regularly in the activities of
the Commission, including sessions.
PROFILE OF SAO TOME AND PRINCIPE
A. Overview of the historical, geographical, demographic, economic and international
profile of Sao Tome and Principe
6. Sao Tome and Principe is an archipelago composed of two islands. It is located in the
Atlantic Ocean, more specifically in the Gulf of Guinea, at a distance of approximately
300 km from the West African coasts. The island of Sao Tome is crossed precisely by the
Equator.
7. With a total area of 1001 km², Sao Tome & Principe is one of the smallest States in the
world. The largest island, Sao Tome, covers 864 km². The capital, which bears the name
of the island, is located in the northeast and is host to more than a third of the total
population. The main cities are Sao Tome, Santo Amaro, Névés, Santana, San Antonio.
8. The official language is Portuguese; French is the first foreign language spoken, followed
by English. The population also speaks Fang (Bantu language).
9. The currency used is the Dobra (1 EUR = 23.520.5STD on 04/09/2019).
10. The population totals 199,940 (2017) largely concentrated in the capital; with a density of
201.57 inhabitants/km², and a natural growth rate of 2.9%. Life expectancy is
approximately 67 years (2017) and the literacy rate: 90.10% (2017, Source: Population
Data). Religion(s): Catholicism (over 80%), Protestantism, Islam. Human development
index: 142nd out of 188 countries (UNDP, 2016).
11. Largely dependent on external funding, Sao Tome and Principe draws most of its public
investment program from international aid. The Santomean economy is dominated by
the agricultural and fishing sectors, which provide the majority of employment. These
sectors (cocoa, coffee, pepper), legacies of Portuguese colonization, are generally
underperforming and cocoa is the main export product. It represents less than 3% of
GDP.
13
12. Tourism, which is progressively developing thanks to investments essentially from
Portugal (Pestana group) and South Africa concentrated on Principe Island (HBD group),
is currently among the major engines of development in the archipelago which is
endowed with real assets.
13. The estimated growth of 3.9% in 2017 is below IMF's initial projections, which anticipated
4% in 2018 and 5.5% in the medium term, thanks to the ongoing development of the
tourism and agriculture sectors and an expected increase in external investments.
14. Data collected by the National Institute of Statistics (Household Budget Survey, 2010)
show that in 2010, 70.1% of the population of Sao Tome and Principe was poor when
compared to the international income standard of 1.5 dollars, or 30,071 dobras, per day
15. Women are more affected by the phenomenon than men. Lack of opportunities in the
labour market is the major cause of poverty; since 62% of the population that is employed
or is actively seeking employment are men, while women account for 38%.
B. Overview of the form of government and administration in Sao Tome and Principe
16. Sao Tome and Principe is a republic divided into two provinces which are no other than
Sao Tome, on one hand, and Principe on the other.
17. Its second constitution came into force on 20 September 1990 and was updated with the
amendments introduced by law n° 1/2003 of 29 January. It enshrines, among other
things, the fundamental principles of a democratic State of law and establishes different
organs of national sovereignty (Presidency of the Republic, National Assembly,
Government and Courts) resulting from the sovereign will of the people, freely
expressed in the elections.
18. Sao Tome and Principe is divided into two regions; The two provinces of Sao Tome and
Principe are divided into seven districts. Six are located on the island of São Tomé
(province of Sao Tomé) and one on that of Principe (province of Principe): Ague Grande,
Cantagalo, Caué, Lembá, Lobata, Mé Zóchi and Pagué.
19. According to the Constitution, the President is the Head of State, who is vested with
executive power and assumes the duties of Commander-in-Chief of the Armed Forces of
Sao Tome and Principe. The elected president serves a five-year term and may be eligible
for a second consecutive term. The last presidential election prior to the mission under
review, was held in 2016.
20. The Prime Minister is the head of government, but power is highly centralized in the
hands of the President of the Republic, who is given strong powers of appointment by
the constitution. The president also has the power to appoint and dismiss the Attorney
General of the Republic on the recommendation of the government.
14
21. The President has an advisory body called the Conselho da República (Council of the
Republic), which he chairs. This body guides the President in specific situations.
22. The Prime Minister is accountable to the President and, with respect to the political
responsibility of the government, is also accountable to the National Assembly. The
Prime Minister is appointed by the President after being heard by the parties in the
National Assembly and on the basis of the results of the elections.
23. The Conselho de Ministros (Council of Ministers) is composed of all the ministers. The
structure, composition and activities of the Council of Ministers are defined in the
Constitution. The Council is composed of the Vice-President, Senior Ministers and
Ministers.
C. Legal Framework for the Promotion and Protection of Human Rights
24. Sao Tome and Principe is party to the following key human rights instruments:
African legal instruments
• Constitutive Act of the African Union;
• African Charter on Human and Peoples' Rights;
International legal instruments
• International Covenant on Civil and Political Rights;
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
• Second Optional Protocol to the International Covenant on Civil and Political Rights
aiming at the abolition of the death penalty
• Convention on the Elimination of All Forms of Discrimination against Women;
• Convention on the Rights of the Child;
• Convention on the Rights of People with Disabilities;
• International Convention on the Suppression and Punishment of the Crime of Apartheid
• International Convention on the Elimination of All Forms of Racial Discrimination.
• International Covenant on Economic, Social and Cultural Rights;
• International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families
• Convention on the Rights of the Child
Legal framework for the promotion and protection of human rights
•
In its part 2 entitled "Fundamental Rights and Social Order", the 1990 Constitution of
Sao Tome and Principe, as revised in 2003, constitutes the pillar of the national legal
framework for the promotion and protection of human rights in the country.
15
•
It is complemented by a set of laws that were mentioned from time to time in
discussions with various stakeholders met during the mission. Since the delegation was
unable to obtain specific details on the laws mentioned, they will not be listed here.
16
PART TWO
I. METHODOLOGY AND CONDUCT OF THE MISSION
25. The promotion mission to Sao Tome and Principe took the form of interactions and meetings
with the highest authorities and the various stakeholders involved in the promotion and
protection of human rights. The delegation also visited the prisons. At each of these
meetings and during the visit, the delegation made a brief presentation of the Commission,
describing its organization, composition, mandate, functioning and subsidiary mechanisms.
It also presented the objectives of the mission and focused on sharing best practices in areas
of interest to the mission.
26. Thus, the human rights situation in Sao Tome and Principe was discussed in depth with
various stakeholders who shared their views and analysis of the achievements, challenges
and prospects for change in relation to the current situation.
II.
MEETINGS AND OTHER ACTIVITIES OF THE COMMISSION’S DELEGATION
1. Minister of Defence, representing the Minister of Foreign Affairs.
27. The delegation, through the voice of Commissioner Manuela, first introduced itself, then
thanked the Government for accepting this first promotional mission, and gave an
overview of the Commission before outlining the terms of reference of the mission.
Commissioner Manuela insisted on the fact that the non-participation of Sao Tome in the
activities of the Commission is a real obstacle to the mandate of the Commission with
regard to the country.
28. The Minister of Defence, Mr. Oscar Sousa, in his capacity as representative of the Minister
of Foreign Affairs (who was out of the country at the time of the visit), welcomed the
delegation and indicated the country's willingness to cooperate with the Commission on
this mission but also and most importantly beyond and in relation to the mandate of the
said institution to promote and protect human rights.
29. Mr. Sousa noted the accuracy of Commissioner Manuela's observation regarding his
country's lack of interaction with the Commission as expected by the Charter. Thus, he
listed other human rights issues in his country for the Commission to note and help
resolve in accordance with its mandate.
30. These problems relate to the crisis in the judiciary and especially in the Supreme Court.
For him, justice must be independent and this does not seem to be the case in his country
insofar as, using the comparison with other countries, the President of the Supreme Court
had to complain about the non-existence of the separation of powers.
17
31. Another human rights issue of concern is the situation in prisons, which he said is not
good, for example, with the non-separation of categories of prisoners.
32. Mr. Sousa also cited the prevalence of domestic violence, lack of infrastructure, and the
fact that the justice system is too distant from the population (one must in fact travel to
the capital to have access to justice) as other human rights problems in his country. Mr.
Sousa informed the delegation that while the Judicial Police and the prison are under the
authority of the Ministry of Justice, the Police Force is under the authority of the Ministry
of Defence. In this regard, he indicated that the Police Force is spread throughout the
country and that the ratio of men to women is largely in favour of men, since women
account for only 1% of its personnel.
33. The delegation informed the Minister that the Commission can contribute its expertise
to solving some of these human rights challenges. These include the possibility of human
rights training for the police and the use of the Maputo Protocol to address domestic
violence.
34. The delegation invited the country to ratify the human rights instruments not yet
ratified1, to submit its periodic reports, none of which has ever been submitted since the
country became a party to the Charter.
35. Both parties also raised the problem of unavailability in Portuguese of documents of the
African Union and especially of the Commission.
2. Ministry of Justice, Public Administration and Human Rights
36. Meetings at this Ministry were held in two successive stages: the meeting with the
Directorate in charge of Human Rights within the Ministry preceded the meeting with
the Minister of Justice herself.
i.
Directorate of Human Rights at the Ministry of Justice.
37. The discussions held here focused on the reasons for Sao Tome's absence from the
Commission's activities and the failure of Sao Tome to submit periodic reports in
accordance with its obligation under Article 62 of the Charter.
38. Mr. Gregorio Santiago, Director of Human Rights, said that Sao Tome began to fulfil its
reporting obligations to the Universal Periodic Review (UPR) of the United Nations since
These are mainly: The Convention for the Protection of All Persons from Enforced Disappearance; the
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed
Conflict; the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child
Prostitution and Child Pornography; the Protocol to the African Charter on Human and Peoples' Rights on the
Establishment of an African Court on Human and Peoples' Rights (the Protocol of the Court); the African Youth
Charter; the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa; etc.
1
18
2011 and that the process of effective ratification of human rights treaties has been in
process since 2010. He added that all these efforts are being spearheaded by the
Directorate of Human Rights at the Ministry of Justice.
39. Mr. Santiago explained to the delegation the process followed in the preparation of these
reports. An inter-ministerial committee submits the initial report prepared for public
input before presenting the report that incorporates public input to the Council of
Ministers. Once the Council of Ministers adopts the report, it is sent to the UPR.
40. Discussing the challenges of the issues at hand and in response to the paradox noted by
the delegation regarding Sao Tome's ability to submit periodic reports to the UN system
and not to the African system, Mr. Santiago cited lack of communication between his
country and the Commission as the root cause of this situation. He therefore believes that
following this mission of the Commission in his country, things will go in the desired
direction and Sao Tome will participate in the activities of the Commission and submit
its initial report and those still pending. He noted, however, that the method involving
an interministerial committee is not the most appropriate for the effective submission of
periodic reports, since this committee is not fixed or permanent and does not receive
adequate financial resources for such an important task.
41. The delegation said that it had taken note of the challenges and proposed solutions and
would report back to the highest level during its next meetings in the framework of its
mission.
42. The delegation also took note of the information according to which NGOs and Civil
Society Organizations participate in the drafting of the periodic reports within the
framework of the cordial relations that they maintain with the Directorate in charge of
Human Rights at the Ministry of Justice. According to Mr. Santiago, there is a Federation
of these structures which is in contact with the Directorate. This provided an opportunity
for the delegation to mention the absence of these organizations from the Commission's
activities and to invite Sao Tome to ensure that they are not forgotten when the promised
process of collaboration with the Commission begins.
43. The delegation noted that Sao Tome does not have a NHRI and that the Directorate for
Human Rights at the Ministry of Justice deals with all human rights issues at the state
level.
ii.
Ministry of Justice, Public Administration and Human Rights
44. Given that the Ministry of Justice is the linchpin of this mission for the Santomean side,
at the beginning of the meeting and after the customary courtesies, the delegation
warmly congratulated and thanked Minister Ivete Santos Lima Correia for the practical
arrangements made to ensure the success of the mission.
19
45. She then reiterated the major challenges as discussed with the Directorate in charge of
Human Rights within the Ministry.
46. Minister Ivete Santos Lima Correia acknowledged these challenges and reassured the
delegation that efforts would be made to remedy the shortcomings noted as soon as
possible.
47. She pointed to the issue of culture and tradition as an obstacle to the ongoing work for
the promotion and protection of human rights, in general, but more specifically those of
children and women.
48. The Minister also indicated that lack of financial means is at the heart of the entire human
rights problem in her country insofar as financial resources are not available to
accompany the Government in its policy for the promotion and protection of human
rights in the country.
49. The Minister indicated that the delegation will be able to make its own observations on
the human rights situation in the country by interacting with the relevant actors, visiting
the desired places and that her team will do everything possible to ensure that the
mission takes place in optimal conditions.
50. Referring to the human rights situation in the country as seen by her Ministry, the
Minister cited the progress made and noted the aspects on which there is a need to work
to improve them in accordance with her country's international commitments.
51. Thus, in terms of positive points, she cited;
✓ The new dynamic in favour of the promotion and protection of human rights since
2014 with and after the creation and integration of the Directorate of Human
Rights into the office of the Minister of Justice and Human Rights; because it used
to be the Ministry of Justice only. As a result, the said Directorate now pays special
attention to human rights issues and based on the recommendations, it strives to
sensitize other Cabinet Ministers;
✓ The fact that the birth registration rate has now reached 96.4% and that there are
penalties for cases of unregistered births beyond one year after birth;
✓ Promotion of education through the construction of school infrastructure for
universal education, distribution of school kits, free primary schooling and
application of a derisory fee of one dollar for secondary school enrolment - which
is still not accessible for some poor parents, considerable assistance from UNICEF
should be noted at this level; scholarships are granted to students whose mothers
are destitute in order to promote their schooling;
✓ Knowing that 70% of the population is very young, that 51% are women and 49%
are men, the government favours entrepreneurship projects of young people and
women;
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✓ Awareness-raising march against sexual abuse and violence on minors;
✓ Several initiatives to consolidate women's rights have also been launched: these
include the Anti-Violence Counselling Center, the Gender Equality Institute, the
Center for Assistance to Battered Women, free hotlines for reporting domestic
violence, police stations in each district whose officers are sensitized to the
phenomenon of domestic violence (which also affects men), etc.;
✓ The Prison of Sao Tomé offers 3 meals a day to the 200 inmates (including 05
women), and to achieve this, inmates are engaged in farming as well as poultry
breeding and other farming activities; men are detained separately from women
and the United Nations Standard Minimum Rules for the Treatment of Prisoners
(Nelson Mandela Rules) are respected;
✓ Existence of the Youth Institute, which aims to educate young people about the
use of drugs, alcohol, and early pregnancy;
✓ Existence of a new unit within the Ministry of Justice that assists indigent litigants,
this unit is composed of lawyers and informs and sensitizes the said litigants
about their rights.
52. The aspects requiring attention are listed by the Minister as follows:
• Non-ratification of certain human rights treaties;
• Prevalence of sexual abuse of minors;
• Prevalence of cases of young girl mothers;
• Prevalence of domestic violence;
• Prevalence of drug use;
• The need for a new building to accommodate the prison, which is overcrowded
and located in an unsuitable space;
53. The delegation, having noted all these points, requested that all this be reflected in the
periodic report that Sao Tome has to submit to the Commission to ensure that these issues
are fully addressed by the Commission. The delegation then explained the process of
periodic reporting to the Commission and mentioned that Sao Tome could quickly catch
up in that national mechanisms and processes for drafting periodic reports already exist
since, according to the information received, the country has experience of the same type
of process before the United Nations.
54. Both parties ended this discussion on an optimistic note regarding Sao Tome's
participation in the future activities of the Commission and the submission of its
outstanding periodic reports.
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3. Minister of Youth, Sports and Entrepreneurship, also representing the
Minister of Natural Resources.
55. Minister Vinicius Xavier de Pina indicated that his Ministry works for the rights of young
people and therefore is interested in anything that touches on this aspect as is the
mandate of the Commission.
56. He presented the work of his ministry, which is one of the most important in the country,
since more than 70% of the population is young (under 35 years old). The Minister
explained that this demographic reality is both a potential and an enormous challenge
for the country because the Government must respond in real time to the concerns of this
majority segment of the total population.
57. The projects involve the fight against unemployment by setting up an Entrepreneurship
Department within the Ministry, the creation of a Youth Institute, the implementation,
with the help of development partners, of a program called "elle" (she) for the benefit of
young girls in the entrepreneurship sector, the fight against HIV, early pregnancies,
drugs and other youth-related issues.
58. The minister also spoke about youth participation in governance and public affairs. He
noted that the country's parliament has 20% youth from both the ruling and opposition
parties and that the youngest member of parliament at the moment is 30 years old. He
mentioned the project to establish a youth parliament for Portuguese-speaking countries
to discuss issues of concern to the youth of these countries.
59. The Minister reassured the delegation of his willingness to work more with the
Commission as requested by Commissioner Manuela, who noted the good practice of
appointing appropriate profiles to governance positions, as is the case here in Sao Tome,
which has entrusted the post of Minister of Youth to a young person.
60. Regarding the representation of the Minister of Natural Resources, Mr. Vinicius Xavier
de Pina informed the delegation that he would be returning from his trip that very day
and that a meeting could therefore be held with him.
4. Minister of Agriculture, Fisheries and Rural Development
61. The discussion with Minister Francisco Martins dos Ramos began with the concepts of
human rights and human dignity. In fact, the delegation, by means of a pedagogical
explanation of the notion of human rights and its links with human dignity, cleared up
a misunderstanding on the part of the Minister, who seemed to be certain that the notion
of human rights is more favorable to perpetrators and criminals than to honest people,
insofar as the perpetrators seem to be better protected even though they cause harm to
22
honest people. The minister had wanted to justify mob justice by the perception that
people have human rights that are more favorable to the perpetrators than to the victims.
62. The Minister then touched on the human rights issues of relevance to his ministry. These
are the need to revise the law on access to land and the many issues related to land due
to its scarcity or limited availability based on the geographical reality of Sao Tome, a
grouping of small islands.
63. Thus, according to the Minister, even though women and men have equal rights to access
land in law, there are still many land conflicts due to traditions and culture.
64. The Minister also mentioned the difficulties encountered in the implementation of his
Ministry's programs for the benefit of farmers, such as credit for farmers, which is
available but which beneficiaries most often do not repay.
65. The Minister, moving beyond the specific matters concerning his Ministry, raised the
issue of the quality of training for justice professionals as a major concern for the country.
5. Minister of Health, represented by the Minister of Justice
66. At the request of the delegation, which asked a number of questions relating to the right
to health, the Minister of Justice, on behalf of the Minister of Health absent, presented
the efforts and challenges related to the enjoyment of the right to health by the population
in Sao Tome.
67. Numerous efforts are being made, as outlined below, based on a national health strategy;
✓ The fight against malaria is almost won insofar as there have been no deaths due
to this disease since 2014; Sao Tome is considering adopting a law to punish
people who obstruct spraying as part of the fight to eradicate malaria; diagnosis
and care for malaria are free; cases of hospitalization for malaria are drastically
reduced, or even non-existent unlike the situation that prevailed in the past;
✓ The national health infrastructure coverage is considered good with hospitals in
all districts, community health centers and health posts;
✓ The country has 148 national general practitioners;
✓ A door-to-door vaccination program is used to achieve 100% coverage of the
vaccine;
✓ The low infant mortality rate;
✓ Existence of programs for pregnant women's health, HIV and free health care for
pregnant women, children under five years of age and older persons in need;
✓ With regards to HIV, there is a law, a program for the eradication of this
pandemic whose prevalence rate in Sao Tome is between 1% and 1.5% and the
provision by health workers of free antiretroviral drugs for pregnant women at
home; State care is also available in case of rape to avoid HIV and unwanted
23
pregnancies (administration of the morning-after pill); condoms and other
contraceptives are distributed free of charge;
✓ There is a referral hospital and about 30 (thirty) other facilities of different
categories where HIV/AIDS related issues can be addressed;
✓ The national health strategy with some of its components as presented above are
supported by WHO, UNFPA and UNICEF.
68. Regarding the Minister mentioned culture and traditions as the main obstacle to the
effective implementation of the national health strategy for the optimal enjoyment of
the right to health by the populations. As a result, there are obstructions, for example,
to the spraying aimed at eradicating malaria, stigmatization concerning HIV, the issue
of abortion which is controversial and punished by law, etc. In addition, lack of
national health insurance and lack of specialists among the health personnel compel
the authorities to resort to evacuation to foreign countries (Portugal).
6. Minister of Tourism, Culture, Trade and Industry.
69. Mrs. Maria de la Graça Lavres, in her capacity as Minister of Tourism, told the delegation
about the work being done by the government to ensure that tourism benefits the
population and respects human rights.
70. Thus, she cited awareness-raising launched since late September 2019 in Neves, the first
district chosen to launch the campaign on the adverse effects of tourism. These harmful
effects are, among others, sex tourism and its abuse on children and women, violence in
the tourism sector, including against tourists, etc.. The awareness-raising campaign also
focuses on the need for local populations to take ownership of the issue of tourism so
that the socio-economic benefits of this activity can be passed on to them.
71. The Minister told the delegation that the security forces are to be commended for their
professionalism and efficiency in the area of tourism and that discussions are underway
with the Ministry of Justice to increase the severity of criminal sanctions for tourismrelated offenses in order to combat the prevalence of crime in this area.
72. The Minister cited international cooperation (with Portugal, South Africa and Angola,
for example) that is enabling Sao Tome to improve its tourism sector by renovating
tourist sites and locations and building much needed hotel infrastructure. The World
Bank is helping to create a tourism and hotel school.
73. With regard to other challenges in the tourism sector, the Minister cited lack of training
for professionals in the sector, as illustrated by the absence of a hotel school in Sao Tome
to date, and the low level of involvement of private national entities in the tourism sector
due to their low capital. These challenges are aggravated, according to the Minister, by
lack of accurate statistical data on the tourism sector in Sao Tome.
24
7. Minister for the Presidency of the Council of Ministers and Parliamentary
Affairs
74. Minister Wuando Borges Castro de Andrade focused on the economic and cultural
challenges that undermine Sao Tome's commitment to the full implementation of its
international human rights obligations.
75. For the Minister, despite the progress made (such as the fact that for the first time in
its history, the country had an administration that was able to serve its full electoral
term as head of State), there are major difficulties in implementing democratic
principles. These are due to the size of the country and the family and other ties
between public and political actors, with the result that many arrangements outside
the formal and democratic framework are made at the expense of human rights and
democratic principles.
76. The Minister expressed the view that the non-participation and presence of Sao Tome in
the activities of the Commission is due to lack of financial resources, since the country
does not currently have a permanent representative at the United Nations, and this is
due to lack of financial means to bear the costs of such representation.
77. Notwithstanding all these challenges, the Minister reassured the delegation of his
country's willingness to work for greater respect of human rights in accordance with its
international obligations.
8. President of the Supreme Court (Tribunal Suprêmo)
78. The delegation was briefed by Dr. Manuel Silva Gomes Cravid, the Presiding Judge of
the Supreme Court (Tribunal Suprêmo) on the realities of the institution he heads and the
situation of the judiciary in general. Also present at this meeting were Judges Dr.
Frederico da Glória and Dr. Silvestre da Fonseca Leite.
79. For the President, the Supreme Court is the highest instance to judge Human Rights
cases. It functions in the same manner as in other Portuguese-speaking countries (2
instances). It currently has only 4 judges, whereas the law provides that this jurisdiction
be composed of 8 judges. It should be noted that the current Supreme Court membership
does not include any women.
80. The mapping of jurisdictions shows 3 judicial regions (Sao-Tomé, Lemba, Principé) and
the southern zone also needs a court. He notes that people living in rural areas have
difficulty accessing justice because they usually have to come from very far away.
Ideally, there should be at least 5 judicial regions.
25
81. The Supreme Council of the Judiciary does not function properly and has no autonomy
because of its financial conditions.
82. The President of the Supreme Court insists on the need for reforms in the judicial system
in parallel with the provision of material and human resources to enable it to function
independently and effectively. This will help resolve the issue of the backlog of cases
before the country's various courts, which is estimated to be around one thousand cases.
83. He further stated that almost all of the laws that form the basis of the applicable law in
Sao Tome must be reformed and adapted to the current realities of the country and not
be left as they were during the colonial era.
9.
President of the National Assembly.
84. The delegation was received by the Honourable Delfin Santiago Das Neves, President of
the National Assembly together with the Vice Presidents of the institution, the
Honourable Guilherme Otaviano Dos Ramos and Levy Nzare. Members and officials of
the National Assembly were also present at this meeting.
85. The President of the National Assembly presented his institution as being composed of
55 members from the 6 districts and the autonomous region that form the electoral map
of Sao Tome. He added that the present mandate is composed of two political parties, a
coalition and a citizen movement.
86. When asked about the gender issue in the National Assembly, the President informed
the delegation that a resolution of the institution requires a minimum of 30 percent
female representation in the entities competing for seats in the National Assembly. He
indicated that women constitute between 12 and 14 percent of members of the current
National Assembly. The President informed the delegation that the above-mentioned
resolution should be included in the electoral law according to the draft amendment
and that a law on parity is being prepared.
87. The President also noted the crucial role of the National Assembly in the process of
reforming the country's laws and indicated that his institution is working on this issue
but that there are political difficulties with the executive branch which he hopes will be
resolved as soon as possible.
88. The President of the National Assembly further pointed out that his institution is
competent to ratify international agreements, while the government is competent to sign
them and the President of the Republic to promulgate them. Thus, given this competence
and the ability to pass laws, it is in permanent contact with the United Nations system in
26
the country to further the ongoing reform. A successful example of this collaboration is
the children's parliament set up with the support of UNICEF.
89. The National Assembly also mentioned the issue of financial resources as a real obstacle
to all the country's efforts towards development, democracy and respect for human
rights.
10. Deputy Attorney General of the Republic.
90. In the absence of the Attorney General, Deputy Attorney General Roberto Raposo
received the delegation and presented the configuration of the Public Prosecutor's Office.
It is composed of the Attorney General of the Republic with 3 Deputy Attorneys General.
He indicated that the country has 16 magistrates. He mentioned that there is a Supreme
Judicial Council of the Public Prosecutor's Office instituted by law nº 13/2008 of 7
November. Mr. Roberto Raposo added that the most recurrent offence in the country that
is dealt with by the criminal system is theft. According to him, many cases of domestic
violence do not reach the courts because of the existence of a counselling center on the
issue.
91. The Deputy Prosecutor informed the delegation that a special unit has been established
to deal with minors in conflict with the law.
92. He also spoke of the existence of an inspectorate of judicial services.
93. The delegation learned from the Deputy Prosecutor that in relation to the maximum
period of preventive detention in Sao Tome, according to article 172 of the Code of
Criminal Procedure, the period between arrest and the beginning of the trial is 3 to 7
months; the period of custody is 48 hours and a maximum of 78 hours. He noted that
strict observance of this time limit would be difficult but efforts are made to ensure that
the defendant is brought before a judge within 24 hours of the Prosecutor's referral of
his case. It was noted that the distances between the place of detention and the
presentation of the detainee to the judge have a great influence on the failure to adhere
to the time limits.
94. According to the Deputy Public Prosecutor, flagrante delicto cases are tried on the same
day.
95. The delegation was also informed of the existence of legal aid established by Law No.
9/2012 of 28 December, but it does not function optimally due to the financial challenges
faced by the country.
96. The Deputy Prosecutor informed the delegation that visits are made by magistrates to
check the conditions of detention.
27
97. Finally, the Deputy Prosecutor mentioned that there are promises of cooperation on
justice reform between the President of the Republic, the Prime Minister and the
President of the National Assembly and invited the African Union to participate.
11. Judicial Police
98. The Director (Mrs. Maribel Rocha) and her deputy (Mr. Avelino Quaresma) received the
delegation, who were told that although the Judicial Police of Sao Tome works under the
supervision of the Ministry of Justice, it is technically autonomous as far as investigations
are concerned.
99. According to its Director, this institution, which is only present in the capital, has 43
agents for a population of 200,000 inhabitants. The staff has 15 women, including the
director, and has 13 inspectors. It is structured in two sections, one of which is technical
and operational and the other dedicated to investigations.
100.
The delegation observed the inadequacy of the Judicial Police's facilities, as
mentioned by its Director during the discussions. These facilities do not include a
laboratory and require other materials and personnel or adequate working means for the
mission entrusted to the Judicial Police. This is all the more urgent as violent crime is on
the rise in the country, according to the Director of the Judicial Police, who cited the
consumption and circulation of drugs as one of the reasons for this unfortunate trend.
101.
The Director of the Judicial Police told the delegation that human rights are
respected by her office and that officers recruited through the civil service competition
receive training on the issue as part of their orientation to become operational as
members of the Judicial Police. She deplored the absence of a police school or academy
in the country.
102.
The director of the Judicial Police reported the efforts deployed to prevent human
rights violations in the performance of their duties, for example, by striving, for example,
to avoid having to detain accused persons in inappropriate cells in its institution. The
delegation learned that the Judicial Police of Sao Tome has a juvenile and women's
brigade.
12. Commander of the National Police
103.
The Inspector General of the National Police, Mr. Denylson Cunha, and the
Commander General of the National Police, Mr. Roldao dos Santos Dias Boa Morte, were
the delegation's interlocutors for this meeting with the National Police.
28
104.
They informed the delegation that, with regard to the National Police training,
senior officers are trained through partnerships with Portugal, Russia, Mozambique and
Angola. These training courses include modules on human rights.
105.
With respect to the geographic coverage of the territory by the National Police and
statistics on personnel, the two senior officers told the delegation that there are police
stations in all the districts of the country with a total of between 525 and 530 officers,
which is below the acceptable ratio according to international standards (1 officer for 250
inhabitants). There is therefore a shortage of 200 to 250 police officers in Sao Tome, and
the recruitment and training currently underway are focused on women, who are
underrepresented in this institution.
106.
Even though the means are limited, the citizens' perception of the police, who are
mainly in charge of maintaining order, has changed for the better since 2015.
107.
On the issue of drugs, the Police is concerned about the cultivation of marijuana
and notes that the country is a place of transit and the Judicial Police is deals with this
criminal issue.
13. United Nations System in Sao Tome and Principe.
108.
The delegation met with the following members of the United Nations System in
Sao Tome: the UNDP representative (Resident Coordinator of the System), Kasia
Wawiem, the UNICEF Program Officer and Deputy Representative, Angela B. Lima,
UNDP Program Analysts Sabina Rams and Nelma Rite.
109.
The delegation's interlocutors indicated that the United Nations system in Sao
Tome is in the midst of implementing a project aimed at incorporating or receiving six
treaties into the country's positive law. This project is being carried out with civil society
and the media, which are working to popularize the treaties in question in order to make
them accessible to the population; the project is also building the capacity of the Ministry
of Justice with respect to these treaties.
110.
The United Nations system in Sao Tome informed the delegation that with its
support, eight treaties were ratified and the instruments of ratification deposited with
the African Union in June 2019.
111.
The United Nations system in Sao Tome also said that it had helped establish a
structure for monitoring and following up on the implementation of the treaties in the
country. It is suggested that this structure could be in charge of periodic reports such as
those pending at the Commission.
29
112.
The delegation learned that the country's 5th and 6th periodic reports to the UN
Committee on the Rights of the Child will be presented in May 2020 in Geneva, and that
this work was done with the financial and technical support of UNICEF.
113.
Members of the UN system in Sao Tome explained to the delegation their work
on various other aspects of human rights in the country, including the fight against
sexual and domestic violence, violence against children, education, health, HIV, water
and sanitation, and others. They especially mentioned their project on democratic
governance, which the United Nations is financing and under which a pact was made
before the nation between the President of the Republic, the President of the National
Assembly and the Prime Minister on the reform of the judicial system.
114.
The delegation congratulated and encouraged the United Nations system in Sao
Tome for this significant commitment to human rights in the country and hoped that the
Commission would be involved, as appropriate, in this ongoing work, especially on
issues of judicial reform.
14. Sao Tome and Principe Bar Association/Human Rights and Citizenship
Platform
115.
Ms. Celia Posser, the President of the Sao Tome Bar Association received the
delegation on behalf of both the Bar Association and the Human Rights and Citizenship
Platform.
116.
Speaking about access to the legal profession in Sao Tome, she indicated that the
aspirants must have a degree in Law and follow an internship of at least six months in a
law firm, after which the internship supervisor certifies their aptitude for the profession
through a report. The ethics and practical techniques of the profession are acquired
during the internship and not by means of a formal and systematic training which does
not yet exist in the country. In this regard, the headquarters of the Bar Association is
being renovated to provide such training, but teachers and teaching materials are still
lacking due to insufficient financial resources.
117.
The President of the Bar Association deplored the non-payment for 3 consecutive
years of the sums owed by the State to the Bar Association as a counterpart of the legal
assistance provided by the latter and the suspension of this service by the Bar
Association. As a result, legal aid has since then been borne by the officials of the Ministry
of Justice.
118.
The President of the Bar Association revealed that 183 lawyers are registered with
the country's Bar Association, most of whom were trained locally in the three law schools
in Sao Tome. This training includes human rights, according to the President of the Bar
Association, who is certain that the country's lawyers are well versed in both the
Commission and the Charter as well as other human rights instruments.
30
119.
The President of the Bar expressed her views on the country's judicial system,
which is said to be politicized to the point where all levels of jurisdiction are affected by
this situation.
120.
Speaking on the Platform for Human Rights and Citizenship, the President of the
Bar Association noted that the Platform's activities are currently on hold, but that the
Platform had been able to work on a proposed law on access to information and other
projects that have since been put on hold, with the corollary of accentuating the fragility
of the separation of powers in the country, and the regression of civic participation due
to the fear of expressing oneself on public affairs.
121.
The President of the Bar Association summarized her remarks by noting that the
country is in crisis and this is reflected in all the levers and structures in charge of
promoting and protecting human rights, democratic practices and good governance.
15. Red Cross
122.
The President (Mr. Frederico Estavo dos Anjos), the Secretary General (Mr. Justino
Lima) and a member (Mr. Samuel Antonio) represented the Red Cross during the
delegation's meeting with this humanitarian organization.
123.
According to these representatives, since the country is not in the throes of war or
armed conflict, the work of the Red Cross is more focused on social assistance, mainly
with older persons. Thus, although problems of financing are sometimes encountered,
the Red Cross maintains certain partnerships with the public sector, Spain and other
countries.
124.
One of the specific situations raised by the Red Cross that requires technical
support is the professional integration of young people, because for the moment its
action is more focused on older persons.
125.
The Red Cross also provides assistance to fire victims.
126.
As far as the accompaniment of prisoners is concerned, the Red Cross does not
want to interfere in the internal affairs of the country, nor does it feel the need to do so.
127.
The delegation encouraged the Red Cross to visit the prison and other places of
detention and to provide medicine to inmates of the prison and establish a
network/partnership with other countries in Africa.
16. Associations of Disabled and Blind People of Sao Tome and Principe
128.
The meeting with the Associations of Disabled and Blind People enabled the
delegation to note that a law had been drafted on the rights of people living with
disabilities but that it had not yet been promulgated and was therefore not yet applicable.
31
Thus, this section of the population, which is between 10% and 18% of the total
population of the country, feels marginalized and without representation in the public
and social sphere. This is what leads to lack of access to employment for people living
with disabilities, whether they are trained or not. They have no income, the taboo about
disabled people in their families is very detrimental to them and they need help for their
own existence.
129.
For the blind and visually impaired, there are no schools to teach them to read or
write, which means that they have no activity and therefore no source of income.
130.
There are no road signs to enable them to move around safely, and for people with
motor disabilities, lack of ramps is also a problem. These elements are lacking in the
Ministries of Justice, Public Administration, and Human Rights and Social Affairs, which
should be at the forefront of promoting and protecting the rights of these vulnerable
persons.
131.
The delegation's interlocutors at this meeting pleaded for their country to ratify
the relevant treaties and other human rights treaties to benefit them.
17. Meeting with media stakeholders
132.
The delegation met with three individuals representing two structures in the
media sector. These were the President of the Union of Journalists and Technicians of
Sao Tome and Principe, Mr. Hélder Bexigas, and the President of the Union's Council of
Ethics, and the President of the Association of Journalists and Technicians of Sao Tome
and Principe, Mr. Juvenal Rodriguez.
133.
The discussions on the media sector, freedom of expression and information led
to the following observations:
• There is relative freedom of expression and access to information when comparing
the situation between the present and the former regime;
• There are approximately 100 media professionals who are not adequately trained
because people come to this profession because of lack of jobs and the people
qualified for this profession are in other sectors because the profession is not
attractive;
• There is a national public television and a national public radio station which have
the most extensive coverage of the territory;
• There is only one private television and it is online;
• There is only one private newspaper and two private radio stations, one of which
is a Catholic radio station;
32
•
There are community radio stations that operate under precarious legal and
regulatory conditions,
134.
In addition to the above, the delegation learned that the media are highly
politicized and unprofessional.
135.
The delegation noted the existence of Law No. 2/93 of 8 April 1993 on the press,
amended by Law No. 3/96 of 20 June 1996, which the stakeholders we met would like to
see revised.
136.
The Association of Journalists has 30 members, who are journalists and image
reporters. It is newly established and aims, among other things, to train professionals in
the sector.
137.
The Union of Journalists, which has about 100 members, has a seat on the Supreme
Council of the Press.
18. Visits to places relevant to human rights.
i.
Visit to Lemba District
138.
The delegation travelled to Lemba District and had a meeting with the Mayor of
the district in the city of Neves, the capital of this territorial and administrative
subdivision of Sao Tome.
139.
During this trip, the delegation made a guided tour of the Mae Clara Social Center.
C. Discussion at the Lemba District Town Hall in Neves
140.
The delegation was received by the mayor of the district, Mr. Albertino Barros,
and was briefed by him on the realities of his constituency and the implications for the
enjoyment of human rights by its people.
141.
He indicated that the Lemba district is the most industrialized area in the country,
and that this comes with challenges such as violence related to excessive alcohol
consumption, but also that this industrialization offers opportunities such as improved
access to employment and therefore a better quality of life.
142.
The mayor spoke about the political situation in the country in general and
maintained that Sao Tome is a democracy, despite the temporary ups and downs. He
also expressed his conviction that the country is trying to implement its international
human rights obligations, as evidenced by the fact that, in his administrative district, the
issue of child protection is at the heart of its governance actions. He mentioned in this
33
regard, the green march that his services intend to organize in the days ahead as is
traditional at this time of year to fight against child abuse.
143.
Mr. Albertino Barros identified lack of financial resources as the main challenge
to the full implementation of human rights treaties by his country. The remedy for this
would be more unity and cooperation between African countries to facilitate the
development of the African people.
144.
Mr. Albertino Barros told the delegation that his district is a great beneficiary of
his country's cooperation with China.
145.
To conclude his intervention, Mr. Albertino Barros praised the very excellent
relations of cooperation and collaboration between the City Hall and the Mae Clara Social
Center which will be visited by the delegation.
D. Guided tour of the Mae Clara Social Center in the city of Neves
146.
The delegation was given a guided tour of the Mae Clara Social Center and was
able to learn about all the services offered by Sister Lúcia Cândido, who is in charge of
the Center, with the help of people from the community of Lemba and beyond.
147.
The Mae Clara Social Center is an impressive device both in terms of
infrastructure and the social services project that it is running for the benefit of the
community in which it is located and for the whole country. It was solemnly inaugurated
on September 08, 2019 and comprises a nursery, a school (kindergarten, primary and
secondary), a computer room, a retirement home, a social dining hall, a dental clinic, a
general medical service, a handicraft training room, a sewing workshop, and a carpentry
workshop.
148.
The delegation was impressed by the dynamism of the person in charge of the
place and the staff working there, and therefore congratulated and encouraged such a
commitment and took good note of the complaints of this Social Center regarding the
need for funding.
ii.
Guided tour and meeting at the Casa dos Pequeninos
149.
Mr. Maria de Cristo, Director of Caritas, and Ms. Felícia Sousa Pontes, Director of
the facility, were the interlocutors and guides of the delegation during the visit and
meeting, after which the delegation noted the following:
• The Casa dos Pequeninos has existed for almost 21 years; for 16 years, it operated
within Caritas in a small building that was inadequate to serve and protect
children.
• With the help of the Portuguese Cooperation, a new building was erected with a
capacity of 40 children (destitute, abandoned, orphaned), but currently houses 44
34
•
•
•
•
•
•
•
children from 0 to 7 years old; however, the Casa has a decentralized service for a
16-year-old child whose disability does not allow him to fend for himself.
The reasons why these children come to the Casa dos Pequeninos are
abandonment by relatives, quarrels between relatives, death of relatives and poor
families.
It is staffed by 38 worker-trainers and psychologists, cooks and cleaners.
The Casa dos Pequeninos not only takes care of its children (education,
maintenance and health care), but also aims to ensure that these children are
reintegrated in their respective families or in foster families.
The Casa would appreciate more social education activities, recreational activities
and other occupations during free time.
The files of each child are sent to the government partners (Ministry of Justice,
Health, Labour,) for support and guidance of the work of the Casa dos
Pequeninos, which would appreciate greater involvement of its government
partners, even if this is done through occasional observation visits. Only one of
the Casa's children is not registered with the civil registry.
The Casa also seeks to have its residents adopted, including by foreigners.
Portuguese cooperation provides 90% of the institution's annual budget: Food,
Health and Education. Every year, the State of Sao Tome allocates a sum of 12,000
Dobras to the Casa des Petits and other donors from private companies, which
amount to 10% of this budget. Also, CSOs sometimes make contributions in the
form of food donations.
iii.
Visit to Sao Tomé prisons
A. The main prison.
150.
During the mission, members of the Commission also visited the country's prison.
A single infrastructure with more than 130 years of existence and which does not meet
the conditions of a prison according to the new realities for the whole country. It has a
capacity of 80 inmates but currently accommodates over 200 occupants, including 5
women in the female section of the complex.
151.
Income-generating activities exist for prisoners who work mainly for the
community, as an alternative to the deprivation of liberty.
152.
In addition, the facility offers academic training, which corresponds to the first
cycle of schooling - from 1st to 4th grade, after which some of them go abroad to pursue
35
their education and come back. One prisoner has reached the 10th grade general
education.
153.
The prison offers courses in agriculture, animal husbandry, fishing and crafts like
vocational training.
154.
It was found that there were sanitation concerns, and that the prison building
needed to be renovated and also that it was located in an inadequate area because it was
surrounded by houses. It does not have a visiting room and uses a space fitted out in a
rudimentary manner for this purpose.
155.
In Principe there is no prison, the only prison is on the island of Sao Tome.
156.
The prison administration listed problems and challenges such as inadequate
infrastructure, lack of ambulance to evacuate residents in case of need when they are
admitted to the prison clinic, lack of medication and the fact that the clinic has no doctor
of its own and only has two nurses and two medical assistants, etc.
157.
During impromptu meetings, the delegation was able to gather complaints from
residents, some of whom said they were mistreated and beaten. The poor quality of the
food offered by the prison was also mentioned, and some prisoners said they did not
want to speak out for fear of reprisals.
B. Military prison
158.
The military prison visited had a relatively better environment than the civilian
prison.
159.
This military prison has seven cells and two visiting rooms, and the delegation
was told that if a female prisoner were to be admitted, appropriate arrangements would
be made.
160.
The military prison is located within the confines of a military camp and at the
time of the visit was holding two detainees, one of whom was on remand and the other
under disciplinary measure.
19. Meeting with the Prime Minister
161.
Prime Minister Jorge Lopes Bom Jesus, as the highest authority of the host
government met by the delegation during the mission, welcomed the delegation and
emphasized his country's willingness to cooperate and collaborate with the Commission
to improve its performance in the promotion and protection of human rights.
He presented the human rights context of his country and the fundamentals of
his government in this regard. He informed the delegation that his country has a long
tradition of hospitality due to the diverse origins of its population and the mixing of
cultures. These people come from the African continent and the European continent,
162.
36
and even beyond. He added that his country is the 2nd smallest in Africa and is an
island State. These realities have advantages and disadvantages. Regarding the
advantages, he spoke about the culture of good neighborliness and the spirit of
brotherhood that are translated by sayings like « they are all relatives" and « we are
all cousins in Sao Tome and Principe.
163.
The above, according to the Prime Minister, shows the emergence of a vision of
human rights in Sao Tome; it is the fact that its populations are social beings and not
individualistic. People know each other and this has an impact on human rights issues.
164.
According to the Prime Minister, his country's democratic system works, and even
though there are ups and downs, his country is not a place of violence and thus its
accession to independence was peaceful.
165.
The Prime Minister added that the economic and financial challenges are those
that negatively impact human rights in his country, as there are many shortcomings in
the social and infrastructure areas. Nevertheless, there are many potentialities that need
to be exploited, such as the fertility of the soil and the relatively abundant natural
resources, which are practically untapped in terms of development.
166.
In light of the above, the Prime Minister reiterated his country's ambition to be a
model in the promotion and protection of human rights and thus appealed to the
Commission to support this process by returning to his country as often as necessary.
167.
In reaction to the Prime Minister’s request, the delegation pleaded with him to use
his authority to ensure Sao Tome's participation in the Commission's activities and the
submission of its outstanding reports.
168.
The Prime Minister took note of this request and indicated that the deficiencies
mentioned were not his country's doing but existed due to the shortage of financial
resources and he would work with the relevant ministries to get things back to normal.
For example, he suggested that the financial burden of these activities be included in his
country's future budgets.
169.
The Prime Minister concluded the meeting by thanking the delegation and the
Commission and assuring them of the political will to do better in the area of human
rights and especially to ensure that the country's resources, like the newly discovered oil,
benefits the population on an equal footing, so that they can live with dignity and the
enjoyment of their full human rights.
20. Meeting at the Office of the President of the Republic
170.
The delegation met with Mr. Urbino Botelho, advisor to the President of the
Republic of Sao Tome on international relations, and Mr. Américo Ramos, advisor on
economic issues.
37
171.
The advisers to the President of the Republic, mandated by him, were keen to
know the initial conclusions of the mission in order to determine the follow-up to this
collaboration, initiated with the Commission's first visit to the country.
172.
The delegation then reviewed the mission's activities and emphasized the key
points that must be taken into account by the country's highest authorities. These relate
to the participation of Sao Tome in the activities of the Commission, the submission of
its reports, the situation of the prison, the situation of the judicial system which needs to
be reformed, and the numerous law reforms which need to be started for some and
finalized for others. The delegation referred to the law on people with disabilities, whose
promulgation is reportedly at a standstill at the Office of the President of the Republic.
173.
The advisors to the President of the Republic told the delegation that they had
taken note of these elements and would report to the President while advising on actions
that could adequately address these issues.
21. Debriefing with the Minister of Justice.
174.
The Minister of Justice received the delegation prior to her closing press
conference on the last day of the mission to debrief it on the activities of the visit and
discuss the prospects for this first mission to promote the Commission in Sao Tome.
175.
Thus, the pressing additional issues to be followed up are as follows:
i.
The urgent need to allow the foreign prisoners (one Filipino and one
Nigerian) to contact their respective embassies;
ii.
Contacting CICIR to provide medication to the prison clinic;
iii.
Enactment of the law on people with disabilities and the need to ratify the
two African Union Protocols on the rights of older persons and people
with disabilities;
iv.
Urgently treat the case of the resident of the Case des Petits suffering from
hydrocephalus, including through medical evacuation outside the
country, if necessary;
v. Further support the efforts of social institutions such as the Case des Petits
and Mae Clara;
vi.
Work to ensure continuity of the administration to ensure that gains
garnered are not lost with changes in the governing teams.
22. Press Conference
38
176. The Commission’s delegation held a press conference at the end of its mission to share
with the media and the public, the initial findings of the advocacy mission conducted in the
country from 1 to 4 October 2019.
PART THREE
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN SAO
TOME AND PRINCIPE
177.
The meetings and working sessions held with stakeholders involved in human
rights promotion and protection enabled the Commission to identify positive
developments in the human rights situation in the country. However, the mission also
noted the areas of concern.
I.
POSITIVE DEVELOPMENTS IN THE HUMAN RIGHTS SITUATION IN SAO
TOME AND PRINCIPE
178.
The positive points cover various areas and issues related to human rights as
grouped by theme below:
Political Dynamics and Will and Legal Reforms.
✓ The relative stability in the country at the time of the visit. Indeed, Sao Tome and
Principe has experienced political unrest and despite the fact that at the time of
the delegation's visit, the Government in place had only been in power for 10
months since its occurrence, the political and social actors were in a peaceful state
of mind and were willing to find consensual and appeased solutions to the
challenges and misunderstanding between them;
✓ The manifest political will and commitment of the Government of Sao Tome and
Principe to the effective enjoyment of human rights. This determination is
reflected in the calm tone and strong actions of the highest authorities of the
country to install an atmosphere of social harmony and democratic principles in
the national debate and daily life of the country. Moreover, a normative
framework and a human rights culture seem to provide the country with fertile
ground for the promotion and protection of human rights under the provisions of
39
the Charter and other regional and international instruments ratified by the
country;
✓ The new dynamic in favour of the promotion and protection of human rights as
from 2014 with and after the creation and integration of the Directorate of Human
Rights into the office of the Minister of Justice and Human Rights; hitherto hosting
the Ministry of Justice alone. As a result, the said Directorate now focuses
specifically on human rights issues and based on the recommendations, it strives
to sensitize other members of government;
✓ The fact that for the first time in its history, the country has had an administration
that has been able to fully serve its electoral mandate at the head of the country is
a favourable context for the protection and promotion of human rights;
✓ The idea of the country's highest authorities to include the financial burdens of
these cooperation activities with the Commission in the country’s future budgets;
✓ The willingness of the country's highest authorities to ensure that the country's
resources, such as the oil discovered recently, benefits the people on an equal
footing, so that they live with dignity in the respect and protection of all their
human rights.
Ratification of International Human Rights Instruments and Cooperation with the
Commission
✓ Efforts to fulfill reporting obligations under the Universal Periodic Review and
those for the ratification of several international and regional instruments since
2018 under the impetus of the Human Rights Directorate of the Ministry of Justice
and with the support of international partners such as the African Union and the
United Nations Development Program;
✓ The submission of two reports under the Universal Periodic Review and the
finalization of the second report under the United Nations Charter for the Rights
of the Child, which will be reviewed at the end of 2020;
✓ The tripartite project between the African Union, the United Nations and Sao
Tome, which is currently being implemented, aims at the ratification of
international instruments, including six human rights treaties, and their
domestication and effective implementation by the country;
40
✓ The establishment of a national structure responsible for monitoring the
implementation of the project for the ratification and domestication of
international treaties as envisaged in the tripartite project indicated above;
✓ The acceptance by stakeholders including state actors that enormous challenges
exist with respect to Sao Tome and Principe's international human rights
obligations and their determination to ensure that these issues are addressed
including by submitting its periodic reports to the Commission and participating
in its activities as appropriate.
National Human Rights Institution/Ombudsman’s Office
✓ Ongoing efforts to establish a national institution for the protection and
promotion of human rights or an Ombudsman;
The Judiciary
✓ The existence of a system of assistance to indigents in legal proceedings (2012
Law on Legal Aid) including through the establishment of a legal aid unit within
the Ministry of Justice;
✓ The establishment of a special unit in the Prosecutor's Office in charge of the issue
of minors in conflict with the law;
✓ The existence of a judicial services inspectorate;
✓ Efforts are made to ensure that the accused is brought before a judge within 24
hours after the prosecutor receives his or her case;
✓ Flagrant offences are tried on the same day;
✓ The country's lawyers are apparently well versed in matters relating to the
Commission and the Charter as well as other human rights instruments because,
on the one hand, the number of those trained locally outnumbers those trained
abroad and, on the other hand, the country's law faculties (at least three) offer
human rights courses in their training programs.
41
Police
✓ Preventive custody, which is a maximum of 72 hours, and the period of
preventive detention must in no case exceed 90 days;
✓ The police are deployed throughout the country, making this public service
accessible to all populations;
✓ Human rights are an integral part of the police training program;
✓ Autonomy of the Judicial Police at the technical level with regard to
investigations;
✓ Human rights would be respected by its services and officers recruited through
civil service competitions receive training on the issue as part of their course to
become operational as members of the Judicial Police;
✓ Efforts to avoid human rights violations in the discharge of the mission of its
services by ensuring, for example, that defendants are not detained in the
inappropriate cells of its institution;
✓ The Judicial Police of Sao Tome includes a juvenile and women's brigade;
✓ Senior staff are trained through partnerships with Portugal, Russia, Mozambique,
and Angola. The said training includes modules on human rights;
✓ Women are prioritized in the ongoing recruitments and training since they are
underrepresented in this institution;
✓ Since 2015, there has reportedly been a positive shift in the citizens’ perception of
police officers who are primarily in charge of maintaining law and order.
Prisons
42
✓ The Prison of Sao Tomé offers 3 meals a day to the 200 inmates (including 5
women), and to achieve this, farming as well as poultry and other breeding are
practised;
✓ Separate detention of men and women and the reference by the high authorities
in charge of the prison to the United Nations Standard Minimum Rules for the
Treatment of Prisoners (Nelson Mandela Rules) which are said to be complied
with;
✓ The prisoners have the opportunity to engage in income-generating activities, as
well as voluntary academic and vocational training;
✓ Magistrates undertake visits to check on the conditions of detention.
Freedom of expression, access to information and media
✓ Existence of a bill on access to information on which the Citizenship Platform has
worked;
✓ In the current situation, there is relative freedom of expression and access to
information compared to the situation under the former regime;
✓ The country has a national public television, a national public radio that have the
most extensive coverage of the territory;
✓ There is only one private TV and it is online;
✓ There is only one private newspaper, two private radio stations, one of which is
the Catholic radio station; this situation has led to the proliferation of the online
media;
✓ There are community radio stations that operate under precarious legal and
regulatory conditions;
✓ Existence of Law No. 2/93 of April 8, 1993 on the press, amended by Law No.
3/96 of June 20, 1996.
43
Civil society action and cooperation between human rights actors.
✓ Existence of a Federation of NGOs and Civil Society Organizations that exhibits a
certain dynamism; including through collaboration with the Ministry of Justice on
several issues of common concern including the drafting of periodic reports;
✓ NGOs and Civil Society Organizations participate in the drafting of periodic
reports within the framework of the cordial relations they have with the
Directorate in charge of Human Rights at the Ministry of Justice;
✓ The work of the Red Cross in the area of social assistance, mainly with older
people, its assistance to fire victims;
✓ The excellent cooperative and collaborative relationship between the City Council
and the Mae Clara Social Center;
✓ The Mae Clara Social Center is an impressive facility in terms of both
infrastructure and the project of social services it promotes for the benefit of the
community in which it is located and for the whole country;
✓ La Casa de Pequeninos and its activities for the benefit of its residents and other
beneficiaries.
Women, Children, People with Disabilities, Older Persons and Youth
✓ Existence of a National Assembly resolution that requires a minimum 30%
representation of women in entities that must compete for seats in the National
Assembly. The above-mentioned resolution should be included in the electoral
law according to the draft revision of the electoral law and in addition, there is a
law on parity that is being preparation;
✓ Holistic efforts to combat domestic, gender-based violence and abuse of minors
including the adoption of appropriate legislation, the creation of structures and
institutions for this purpose including the domestic/spousal violence counselling
center, the establishment of free hotlines, awareness campaigns including the
"green ribbon" campaign against abuse of minors, domestic violence, early
pregnancy, drug use and other gender-based crimes, etc.; and
44
✓ The fight against unemployment by setting up a Directorate of Entrepreneurship
within the Ministry, the creation of a Youth Institute, the establishment with the
help of development partners, of the program called "she" for the benefit of young
girls in the entrepreneurship sector;
✓ Knowing that 70% of the population is very young, that 51% are women and 49%
are men, the government promotes entrepreneurship projects run by young
people and women;
✓ The ministerial portfolio for youth is entrusted to an equally young official;
✓ Efforts to ensure the participation of youth in governance and public affairs as
evidenced by the fact that the country's parliament is currently composed of 20%
youth from both the ruling party and the opposition and that the youngest
member is 30 years old; likewise, there is the project to set up the youth parliament
of Portuguese-speaking countries to discuss issues of concern to the youth of these
countries;
✓ Efforts in health and education, including those related to HIV-AIDS with a
relatively low prevalence rate, the availability and free access to antiretroviral
drugs, the high school enrolment rate which is on the rise;
✓ The existence of a chain of social solidarity towards vulnerable people such as
children, persons with disabilities and older people. This chain of solidarity stands
out through the existence of socio-economic structures such as the Mae Clara
center, the Case des Tous Petits, the Maison des Personnes Agées and various other
initiatives meant to ensure that these people receive the attention that their
vulnerability requires in order to enable them to live a dignified life in the same
way as everyone else;
✓ The fact that the birth registration rate has now reached 96.4% and that there are
penalties for cases of unregistered births beyond one year after birth;
✓ The fact that the Mayor of Lemba District has placed the issue of child protection
at the core of his governance.
45
✓ Existence of a law on access to land that provides for equal access to land between
men and women;
✓ Existence of a law pending enactment on the rights of people with disabilities.
Efforts in the Tourism Sector
✓ Efforts to combat crime and other issues detrimental to tourism which is an
important source of income for the country and its people; to this end there is the
example of the awareness raising started since the end of September 2019 in Neves
on the harmful effects of tourism, and the professionalism and efficiency of the
security forces in the field of tourism and the ongoing discussions with the
Ministry of Justice to make the criminal sanctions related to tourism offenses more
severe in order to combat the prominent crime in this field;
✓ The use of international cooperation to further develop the tourism sector, such
as the pilot project financed by Portugal that aims to build hotels, renovate old or
historic buildings to provide the tourism industry with more infrastructure for its
full development;
Health and HIV
✓ Existence of a national health strategy;
✓ The fight against malaria which is almost won in that there have been no deaths
from the disease since 2014; Sao Tome is considering passing a law to punish
people who obstruct spraying as part of the fight to eradicate malaria; Diagnosis
and care is free for malaria disease; Malaria-related hospitalization cases have
drastically declined or are even non-existent unlike the situation in the past;
✓ The country is said to have a good coverage in health infrastructure with hospitals
in all districts, community health centers, and health posts;
✓ The country has 148 national doctors;
✓ Vaccination is done using the door-to-door method;
46
✓ Existence of programs related to the health of pregnant women, HIV, and free
care is provided to pregnant women, children under five years of age, and
indigent older people;
✓ With regard to HIV, there is a law, a program to eradicate this pandemic whose
prevalence rate in Sao Tome is 1.5% and free antiretroviral drugs are provided to
pregnant women at home by health workers; The State provides care in case of
rape to avoid HIV and unwanted pregnancies (administration of the morningafter pill); condoms and other contraceptives are distributed free of charge;
✓ The national health strategy with some of its components as presented above are
supported by WHO and UNICEF.
Economic, Social and Cultural Rights
✓ The high school enrollment rate which is increasing;
✓ Free primary education;
✓ Promotion of education by building school infrastructure aimed at universal
education, distribution of school kits, free elementary school and the application
of an insignificant one dollar fee for secondary school enrollment, granting
scholarships to students whose mothers are destitute in order to promote their
schooling;
✓ UNICEF's considerable assistance to the education system; for example, through
the payment of the one-dollar fee for secondary school enrollment, which is still
not accessible for some poor parents;
✓ Existence of Ministry of Agriculture programs for the benefit of farmers, such as
loans to them;
II.
AREAS OF CONCERN
179.
Despite the progress made, the Commission's delegation encountered certain
challenges that impede the full realization and enjoyment of human rights, namely:
47
Financial, human resources and infrastructure
• The unavailability, insufficiency and scarcity of financial resources needed for the
economic, social and developmental policy in all sectors of the country's life and
populations, which paralyses all initiatives and other projects or programs on
human rights or that should have a positive impact on them;
• The insufficiency of socio-economic infrastructure to access these infrastructure
that are often far from their place of residence;
General normative framework and dynamics among authorities.
• Almost all the laws that form the basis of the law applicable in Sao Tome need to
be reformed and adapted to the realities of the country as they appear at this time,
rather than be left as they were during the colonial era;
• Political difficulties between the executive and legislative powers as mentioned
by the President of the National Assembly;
• The country is in crisis and this is reflected in all the levers and structures in charge
of the promotion and protection of human rights, democratic practices and good
governance;
• The Red Cross does not want to interfere in the internal affairs of the country, nor
does it feel the need to do so;
• Lack of continuity of the administration which impedes the consolidation of the
achievements;
Ratification of International Human Rights Instruments and Cooperation with the
Commission
•
•
The non-submission by Sao Tome and Principe of its initial and periodic reports
to the Commission since its accession to the Charter; this is due to the country’s
limited resources and the absence of a permanent mechanism for the presentation
of reports to the treaty bodies;
The non-participation of Sao Tome and Principe in the activities of the
Commission, including its regular sessions
Cultural and traditional barriers
• Many arrangements outside the formal and democratic framework are being
made at the expense of human rights and democratic principles;
48
•
•
The persistence of customary, traditional and religious influences hinder efforts
for the promotion and protection of human rights;
Culture and traditions as one of the obstacles to the ongoing efforts for the
promotion and protection of human rights in general but specifically those of
children and women;
NHRI
•
Sao Tome does not have an NHRI and discussions to establish such an institution
have stalled over the choice between the classic NHRI formula and an Office of
the Ombudsman;
The Judiciary
•
•
•
•
•
•
•
•
•
•
The crisis in the judiciary and especially in the Supreme Court with the allegations
of its President that the separation of powers is not a reality in the country;
The Supreme Council of the Judiciary is not functioning properly and has no
autonomy due to financial conditions;
The shortage of 4 judges in the Supreme Court, which currently has only 4 judges,
although the law provides that this court be composed of 8 judges;
The absence of women in the country's Supreme Court;
The distance of justice from the population (there is need to travel to the capital to
have access to justice; people living in rural areas find it difficult to have access to
justice because they generally have to travel from afar. Ideally, there should be
at least 5 judicial regions;
The country has not yet instituted formal and systematic training for lawyers;
The non-payment for 3 consecutive years of the sums owed by the State to the Bar
Association as a counterpart of the legal assistance provided by the latter and the
suspension of this service by the Bar Association;
The country’s judicial system is politicized to the point where all levels of
jurisdiction are affected by this situation;
The other challenges of the administration of justice, notably the insufficient
number of judicial personnel, the quality of training of some of its professionals,
the poor conditions of service;
The practice of mob justice;
49
Police
•
•
•
•
•
The inadequacy of police personnel and the numerous shortages of adequate tools
to carry out the mission of general and judicial police; in addition to the fact that
women account for only 1% of the workforce;
The strict observance of the legal time limit for detention would be difficult
according to the Deputy Prosecutor;
The absence of a police school or academy in the country;
On the issue of drugs, the police note that the country is a place of transit;
Violence related to the excessive consumption of alcohol;
Prisons
•
•
•
•
Prison conditions do not yet meet international standards, as the delegation noted
problems of overcrowding and poor living conditions in prisons, with outdated
infrastructure and equipment;
The fact that there is no ambulance to evacuate the residents in case of need when
they are admitted to the prison clinic, lack of medication and the absence of a
doctor in the clinic, which has only two nurses and two medical assistants, etc.
During impromptu discussions, the delegation was able to gather complaints
from inmates, some of whom said they were abused and beaten. The poor quality
of the food offered by the prison was also mentioned, and some inmates said they
did not want to speak out for fear of reprisals;
In the event that a female detainee is admitted, the military prison will be adapted
accordingly, as there are no cells for female prisoners;
Freedom of expression, access to information and the media
• The regression of civic participation due to the fear of expressing themselves on
public affairs;
• The non-existence of a law on access to information;
• The media are politicized, and partisan media can be clearly identified by the
content of their media outlets
• There is no regulatory body for the print media;
50
•
•
•
•
The conditions of employment for journalists are very poor and this has made
them extremely vulnerable; as a result, journalists do not respect the applicable
code of ethics most of the time;
Media professionals are approximately 100 in number and are not adequately
trained, as people come to this profession because they lack jobs and those
qualified for it are in other sectors because of the profession's unattractiveness;
In addition to the above, the delegation noted that the media is highly politicized
and unprofessional.
The delegation also observed that there is a law on the press, which the
stakeholders we met with would like to see revised.
Women, Children, People with Disabilities, Older Persons and Youth
•
•
•
•
•
•
•
Low representation of women in decision-making positions;
Existence of sex tourism and its abuse of children and women;
High prevalence of child abuse, domestic violence, teenage pregnancy, drug use,
and other gender-based crimes; despite efforts by stakeholders;
There is no specific legislation concerning older people in Sao Tome and Principe;
There are no special schools for people with disabilities,
A law has been on the rights of people living with disabilities has been developed
but it is not yet promulgated and therefore not yet applicable;
People with disabilities feel marginalized and unrepresentative in the public and
social sphere. his is what leads to their failure to find employment, whether they
are trained or not. The ratification of treaties concerning them was also raised;
Economic, Social and Cultural Rights
• Absence of national health insurance;
• Lack of medical specialists makes it impossible to treat all pathologies locally;
• The prevalence of unemployment;
Tourism development
• Lack of ownership by the local population of the issue of tourism so that the socioeconomic benefits of this activity can benefit them;
• Lack of training for professionals in the tourism sector and the absence of a hotel
school in Sao Tome;
• Lack of accurate statistical data on the tourism sector in Sao Tome;
• Violence in the tourism sector, including against tourists.
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PART FOUR: RECOMMENDATIONS
180. As a result of the mission and in light of the challenges identified, the Commission is of
the view that the people of Sao Tome and Principe and its leaders should be unequivocally
and unconditionally committed to and involved in the ongoing reform process aimed at
forging a new, more democratic and peaceful era for Sao Tome and Principe.
181. The Commission urges all stakeholders to strive to reduce the negative impact of cultural
customs, traditions and practices, attitudes or religious practices on the enjoyment of human
rights in the country.
182. The Commission further makes the following recommendations:
• For the attention of the Government:
Financial, human resources and infrastructure
i.
Use all appropriate means, including seeking funding from international, public
and private donors, optimizing the management of public finances and natural
resources, including the newly discovered oil windfall, to provide the country
with the financial, human resources and infrastructure it lacks for the
implementation of a policy conducive to the protection and promotion of human
rights in the country;
General normative framework and dynamics among authorities.
ii.
Integrate the promotion and protection of human and peoples' rights into all its
actions and especially into the legal, political and institutional reforms that need
to be addressed without delay, as indicated by the stakeholders met during the
mission;
iii.
Accelerate all processes for the adoption of essential legal frameworks in
accordance with the international obligations of Sao Tome and Principe;
iv.
Strive to resolve, through dialogue and consensus based on democratic principles
and good governance, the political difficulties between the executive and
legislative powers as mentioned by the President of the National Assembly
v. Work towards a definitive end to the prolonged and permanent crisis in the
political situation of the country;
vi.
Pacify the debates on the political arena to avoid the tension between the relevant
actors regarding their capacity to participate, even in an apolitical and
52
vii.
humanitarian capacity, for the general well-being of the population, but especially
of the most vulnerable;
Strive to ensure the continuity of the administration so that the gains garnered are
not lost with the changes in the governing teams;
Ratification of International Human Rights Instruments and Cooperation with the
Commission
viii.
ix.
x.
xi.
Submit its initial and periodic reports in a timely manner in accordance with
Article 62 of the Charter and Article 26 of the Protocol to the African Charter on
Human and Peoples' Rights on the Rights of Women in Africa;
Materialize the idea of including in the country’s general budget the activities
relating to participation in the work of the Commission and the obligation of
periodic reporting;
Establish a permanent mechanism to ensure that Sao Tome and Principe complies
with its reporting obligations to treaty bodies;
Use all available means, including international cooperation and expertise, to
address the issue of limited resources available for treaty body reporting;
NHRI
xii.
xiii.
Make a final decision on whether to establish an NHRI or an Office of the
Ombudsman;
Establish and operationalize the type of institution chosen by the country by
providing the necessary resources for its effective and efficient functioning and by
working with the Commission on the development of a national human rights
action plan;
The Judiciary
xiv.
xv.
xvi.
Definitively put an end to the crisis in the judiciary and especially in the Supreme
Court in order to resolve the perceived ineffectiveness of the separation of powers
and the politicization of the judiciary as expressed by the highest authorities;
Ensure the proper functioning of the Supreme Council of the Judiciary by
providing it with appropriate financial resources;
Provide the Supreme Court with the four missing judges in order to bring its
composition into conformity with the law;
53
xvii.
xviii.
xix.
xx.
xxi.
xxii.
Ensure that the composition of the Supreme Court includes women in order to
comply with gender mainstreaming requirements;
Ensure that the geographical distribution of the judicial institution allows for its
accessibility by those subject to trial who should no longer have to travel to the
capital to have access to justice; ideally, at least 5 judicial regions should be
created;
Establish formal and systematic training for the legal profession in the country;
Pay forthwith the arrears owed by the State to the Bar Association as
compensation for the legal assistance provided by the latter and ensure that this
service by the Bar Association resumes immediately;
Provide the Judiciary with sufficient human and material resources to enable it to
function in accordance with the country's international obligations and to clear
the backlog of cases;
Fight against the practice of mob justice by raising awareness and restoring
confidence between the population and the public service of justice;
Police
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
Provide the police with sufficient personnel and adequate tools to carry out the
mission of general and judicial police;
Work towards greater gender inclusion in the police force to the benefit of women,
who are grossly underrepresented in terms of personnel;
Ensure strict compliance with the legal time limit for police custody;
Establish a police academy or school in the country;
Adequately equip the police to effectively fight against drugs, of which the
country is a transit point, as well as against violence related to excessive alcohol
consumption;
Introduce regular human rights training for staff at all levels;
Prisons
xxix.
Strive to bring prison conditions up to international standards by building a new,
adequate prison as soon as possible and in the interim, by working to address
overcrowding through alternative sentencing such as community service, and by
cleaning up the prison infrastructure;
54
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
xxxv.
xxxvi.
Provide the prison with an ambulance to evacuate residents when necessary when
they are admitted to the prison clinic, medication, and a doctor dedicated to the
clinic;
Immediately investigate the alleged practice of abuse and beating prisoners, in
order to take appropriate action;
Provide special cells in the military prison for female prisoners;
Improve the working conditions and facilities of all prison staff;
Adopt measures to ensure that all prisoners have regular communication with
their families, embassies, and facilitate regular access to prisons by NGOs and
CSOs;
Comply with the standards and principles for prisons and detention centers set
forth in the Guidelines and Measures for the Prohibition and Prevention of
Torture and Cruel, Inhuman or Degrading Treatment or Punishment in Africa
(Robben Island Guidelines);
Create conditions for ongoing training of prison staff on human rights issues;
Freedom of expression, access to information and the media
xxxvii.
xxxviii.
xxxix.
xl.
xli.
Strive to restore the confidence of civil society actors in the governance process so
that they can participate without fear in accordance with their role as key
stakeholders in the civic space;
Adopt a law on access to information;
Create the conditions for a space for the media and professionals in the sector
committed to applicable ethics and deontology;
Create a regulatory body for the print media;
Revise the press law to conform to international standards;
Women
xlii.
Adopt a law providing for a 50 percent quota for women in all decision-making
positions;
xliii.
Undertake awareness raising and civic education activities and provide incentives
for women to assume leadership roles and run for public office;
xliv. Reforming laws, systems, and regulations to remove barriers to women in all
sectors of society;
xlv. Effectively suppress the practice of sex tourism and its abuse of women;
xlvi. Effectively address domestic violence and be proactive in addressing this societal
issue;
55
xlvii.
xlviii.
Revise land ownership laws and systems to increase women's ownership of and
access to land;
Increase women's economic activities and ensure that they have access to
financing to support their livelihood activities;
Children and Youth
xlix. Effectively suppress the practice of sex tourism and its abuse of children;
l.
More effectively address the high prevalence of child abuse, early pregnancy,
drug use, and other crimes based on the vulnerability of children and youth;
li.
More effectively address unemployment and alcohol and drug abuse;
People with disabilities, Older Persons
lii.
Adopt specific legislation on the older people in Sao Tome and Principe;
liii.
Ensure the promulgation of the law that has been developed on the rights of
people living with disabilities;
liv.
Create special schools for people with disabilities and ensure their inclusive
education,
lv.
Ensure the inclusion of people with disabilities in all areas of life and especially
their representation in the public and social sphere;
lvi.
Resolve the difficulty of access to employment for people with disabilities;
lvii. Ratify as soon as possible the Protocols on the Rights of Older Persons and People
with Disabilities;
Economic, Social and Cultural Rights
lviii.
Establish a national health and social security system;
lix.
Continue efforts in the fight against HIV;
lx.
Work to train national medical specialists
Tourism development
lxi.
lxii.
lxiii.
lxiv.
Raise awareness of the value of tourism for the well-being of the population so
that they take ownership of this activity and benefit from its socio-economic spinoffs;
Train professionals in the tourism sector and set up a hotel school in Sao Tome;
Strive to have accurate and updated statistical data on the tourism sector in Sao
Tome;
Pacify the tourism sector by effectively combating the violence occurring in it.
56
•
lxv.
lxvi.
lxvii.
•
lxviii.
lxix.
lxx.
lxxi.
For the attention of Civil Society:
Carry out sensitization activities among all groups of the population to enable
them to know their fundamental rights and assert them whenever necessary;
Engage constructively with the Government and relevant stakeholders to
participate in all reforms and maintain the collaborative relationship that should
exist among key stakeholders in the promotion and protection of human rights;
For those that have not yet done so, take the necessary steps to obtain observer
status with the Commission, and for those NGOs that have such status, comply
with their rights and obligations, namely to submit their activity reports to the
Commission in accordance with its resolution on observer status;;
For the attention of the international community and partners:
The international community and international partners should assist the
Government in mobilizing the required human, financial, technical and logistical
support for the necessary reforms;
The World Bank, the European Union, the United Nations, and the African
Development Bank must ensure that their support to the government is
substantial and sustainable
Support the government's reform agenda, particularly with respect to human
rights protection and the justice and security sectors.
Assist the Government to engage in the development of a national human rights
action plan and to meet its treaty body reporting obligations;
183.
In conclusion, while reassuring the Commission's full availability to assist the
Government in all its endeavours related to the promotion and protection of human and
peoples' rights, we call on the Government to take all necessary measures to implement
the recommendations contained in this report and to include the status of their
implementation in its next periodic State report submitted under Article 62 of the Charter
and Article 26 of the Maputo Protocol.
57