AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Commission Africaine des Droits de l’Homme et des Peuples
90, Kairaba Avenue, P. O. Box 673, Banjul, The Gambia Tel: (220) 392 962; Fax: (220) 390 764 E-mail: achpr@achpr.gm; Web www.achpr.org
Re: ACHPR/37/OS/11/444/draft
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
REPORT OF THE MISSION BY COMMISSIONER ANGELA MELO, SPECIAL
RAPPORTEUR ON THE RIGHTS OF WOMEN IN AFRICA, TO THE
DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE
(March 15 to 19 2004)
SUMMARY
I.
INTRODUCTION
II.
TERMS OF REFERENCE AND PRELIMINARY REMARKS
A. Terms of reference and legal framework
B. Preliminary remarks
III.
PROGRESS OF THE MISSION
A. Arrival of the delegation and organisation of work
B. Consultations and site tours
IV.
OBSERVATIONS AND AREAS OF CONCERN
A. General situation of human rights
B. Situation of women’s rights
V.
CONCLUSION
VI.
RECOMMENDATIONS
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DRAFT REPORT OF THE PROMOTIONAL MISSION BY COMMISSIONER
ANGELA MELO, SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN IN
AFRICA, TO THE DEMOCRATIC REPUBLIC OF
SAO TOME AND PRINCIPE: MARCH 15-19 2004
I-
Introduction:
1. As part of its mandate to promote and protect human and peoples’ rights in States
parties to the African Charter on Human and Peoples’ Rights, (the African Charter),
the African Commission on Human and Peoples’ Rights (the African Commission,
ACHPR) pays particular attention to developments in the human rights situation in
those States.
2. The system of Special Rapporteurs that was set up by the African Commission on
Human and Peoples’ rights operates as part of the contribution to respecting those
principles.
3. As a result, whenever possible, the African Commission sends out promotion or
protection missions of Special Rapporteurs to States parties to discuss issues relating
to human and peoples’ rights with government authorities, officials and members of
civil society organisations, and other interested parties.
4. It is within this framework that Commissioner Angela Melo carried out a
promotional mission to the Democratic Republic of Sao Tome and Principe from
March 15 to 19 2004. It must be noted that Commissioner Angela Melo carried out
this mission both in her capacity as Commissioner responsible for promotional
activities1 in Sao Tome and Principe, and in her capacity as Special Rapporteur on
the Rights of Women in Africa.
5. The mission to the Democratic Republic of Sao Tome was carried out according to
Terms of Reference drafted for this purpose and which are set out in the next
section of this report.
6. It must be noted that the organisation of the mission to the Democratic Republic of
Sao Tome and Principe was affected somewhat by the cabinet reshuffle that took
place on the eve of the arrival of the delegation from the African Commission.
7. Commissioner Angela Melo would like to express her sincere gratitude to H.E. Mr.
Oscar Aguiar Sacramento e Souza, Minister of Foreign Affairs, Cooperation and
Community Affairs, who accepted to meet the delegation, although he had just
assumed his post, and personally made appointments for the delegation with some
of his colleagues. This contributed largely to ensuring the smooth functioning of the
mission.
1 According to the geographical distribution of States Parties to the African Charter among members of the
African Commission, each Commissioner has the responsibility to carry out promotional activities in a
certain number of countries. The Republic of Sao Tome and Principe is one of the States for which
Commissioner Melo is responsible.
3
II-
Terms of reference and preliminary remarks:
A. Terms of reference and legal framework of the mission:
A1- Terms of reference of the mission
8. The terms of reference of the mission of Commissioner Angela Melo, Special
Rapporteur on the Rights of Women in Africa, to the Democratic Republic of Sao
Tome and Principe, aimed essentially at the following objectives:
•
Establish formal contact, for the first time, with the political and administrative authorities
of this State party and inform them of the activities of the Commission.
•
Collect firsthand information about the human rights situation in Sao Tome and Principe
from the government, NGOs, and other civil society players.
•
Provide information about the African Charter on Human and Peoples’ Rights to the
authorities, NGOs, women’s associations, and other partners.
•
Promote human rights in general and the rights of women in particular by educating various
people on the mandate of the Commission and the mandate of the Special Rapporteur,
through meetings with intellectuals and members of human rights defence associations, with
a view to establishing partnerships based on consultations and an exchange of information.
•
Encourage the government and all other actors, where appropriate, to set up the necessary
conditions and mechanisms to ensure the promotion and protection of human and peoples’
rights in this State.
•
Encourage the government and interested parties in civil society to take part in the activities
of the African Commission, in order to establish regular dialogue with this institution.
•
Draw the attention of the competent Sao Tomean authorities to the need for the State to
comply with the obligations placed upon it by the African Charter, in particular by the
provisions of articles 1 and 62 of the Charter, relating to the presentation of initial and
periodic reports to the Commission.
•
Tour detention centres, in particular the Sao Tome prison.
•
Urge the government of Sao Tome to initiate the process for ratifying important regional
human rights instruments such as the additional Protocol on the Establishment of an
African Court on Human and Peoples’ Rights, the Protocol relating to the Rights of
Women in Africa, and the African Charter on the Rights and Welfare of the Child.
9. The delegation of the mission was made up of Commissioner Angela Melo, Special
Rapporteur on the Rights of Women in Africa and Mr. Robert Kotchani, Legal
Expert of the Secretariat of the African Commission.
4
A2- Legal framework of the mission:
10. Since the Democratic Republic of Sao Tome and Principe is a party to the African
Charter, it has an obligation to cooperate with this African institution, as well as with
the other bodies of the institution such as the system of the Special Rapporteur on
the Rights of Women in Africa.
11. Commissioner Angela Melo’s mission to the Democratic Republic of Sao Tome and
Principe was carried out after an exchange of correspondence between the Ministry
of Foreign Affairs, Cooperation and Community Affairs of Sao Tome and Principe
and the Commissioner. Through the Ministry of Foreign Affairs, Cooperation and
Community Affairs, the government sent an official authorisation to Commissioner
Angela Melo, stipulating the dates for the mission.
B. Preliminary remarks:
12. The Democratic Republic of Sao Tome and Principe is situated in the Gulf of
Guinea, north of the Equator and about 300 km off the coast of Gabon. The
country is made up mainly of two islands, the island of Sao Tome and the island of
Principe, which are separated by about 140 km. The total surface area of the country
is 1 000 km2, with a population of roughly 176 000 according to a 2003 estimate.
13. Sao Tome and Principe attained independence from Portugal on July 12 1975. The
new constitution, which was adopted on September 10 1990, defines Sao Tome as a
sovereign, democratic State governed by a multiparty system of government, where
human rights are guaranteed and the death sentence is abolished.
14. The first multiparty legislative elections took place in January 1991. These were
followed in March 1991 by the first multiparty presidential elections, which were
won by Mr. Miguel Trovoada. After two terms of office, he handed over in 2001 to
his successor, Fradique Banderia Melo de Menezes.
15. The economy of Sao Tome and Principe is based on cocoa. Oil however now plays
an increasingly important role and per capita income is $ 384 (2002). Annual growth
is close to 3%.
16. The Democratic Republic of Sao Tome and Principe ratified the African Charter on
Human and Peoples’ Rights on May 23 1986. However, to date, it has not submitted
its initial report to the African Commission as required by the terms of article 62 of
the African Charter. Sao Tome and Principe must therefore submit and present a
total of nine (9) reports to the African Commission.2
17. Sao Tome and Principe must also ratify certain regional human rights instruments
2 In accordance with Note Verbale ACHPR/PR/A046 if November 30 1995, the nine reports in arrears
may be combined into one single report, indicating the legislative and other measures that Sao Tome and
Principe has taken to give effect to the provisions of the African Charter.
5
such as the African Charter on the Rights and Welfare of the Child, the Protocol to
the African Charter on the Establishment of an African Court on Human and
Peoples’ Rights and the Protocol to the African Charter relating to the Rights of
Women in Africa.
III- Progress of the mission:
A- Arrival of the delegation and establishment of a programme of work:
18. The delegation of the mission arrived in Sao Tome and Principe in the night of
Sunday March 14 2004. On Monday March 15 2004, the delegation went to the
Ministry of Foreign Affairs where, with Mrs. Maria de Lourdes Salvaterra,
Permanent Secretary of the Ministry of Foreign Affairs, Cooperation and
Community Affairs, a programme of work was laboriously drafted for the mission.
This state of affairs somewhat affected the smooth functioning of the mission.
19. It must be pointed out that the progress of the mission to Sao Tome and Principe
was adversely affected by the ministerial reshuffle that took place on the eve of the
arrival of the delegation in Sao Tome and Principe. The programme of work that
was drafted did indeed comply with the terms of reference of the mission and
comprised audiences with various government and civil society representatives, as
well as tours of sites such as the prison of Sao Tome and Principe.
B-
Meetings and site tours:
March 15 2004:
•
Meeting with Mrs. Maria de Lourdes Salvaterra, Permanent Secretary of the Ministry of
Foreign Affairs, Cooperation and Community Affairs:
20. Commissioner Angela Melo introduced the mission that she was heading to the
Democratic Republic of Sao Tome and Principe and stated the objectives of the
mission. Mrs. Melo particularly emphasised the fact that she was carrying out the
mission to Sao Tome and Principe in her dual capacity as member of the ACHPR in
charge of Sao Tome and Principe for promotional activities, and as Special
Rapporteur on the Rights of Women in Africa.
21. An indicative programme of work for the mission team was drafted with Mrs.
Salvaterra. The programme included meetings with government authorities of Sao
Tome and with personalities and organisations involved in human or women’s rights.
It also provided for tours to certain sites such as the prison and detention centres of
Sao Tome and Principe. Mrs. Salvaterra raised the issue of the unavailability of
certain ministers, following a ministerial reshuffle that had taken place on the eve of
the arrival of the delegation, but promised to do her best to supplement the
programme.
•
Meeting with Mr. Luis Viegas, Director of International Economic and Political Affairs,
Ministry of Foreign Affairs, Cooperation and Community Affairs.
6
22. Commissioner Melo introduced her delegation and spoke about the mandate and
functions of the ACHPR. She also made a presentation on the system of Special
Rapporteurs of the Commission and went on to define the objectives of her
promotional mission to the Democratic Republic of Sao Tome and Principe.
Commissioner Angela Melo drew the attention of the Director to the obligations of
the State of Sao Tome and Principe under the terms of article 62 of the African
Charter on Human and Peoples’ Rights, concerning the submission and presentation
of reports to the ACHPR. She also inquired as to what impact the recent changes in
government could have on human rights in Sao Tome and Principe.
23. In her capacity as Special Rapporteur on the Rights of Women in Africa, Mrs. Melo
also asked how specific protection and promotion of the rights of women was
developing in Sao Tome and Principe.
24. Mr. Viegas thanked the delegation for the visit, which is the first of its kind to Sao
Tome and Principe. He indicated that certain specific questions on human rights and
women’s rights could be answered by other colleagues from the Ministry of Justice
and the Office of the Prime Minister in particular, who have responsibility for those
areas. He indicated that human rights fell under the responsibility of the Ministry of
Justice, while the Office of the Prime Minister was in charge of Women’s Rights.
25. Mr. Viegas also promised to report to the appropriate authorities so that the reports
in arrears would be prepared and sent to the ACHPR, with a view to having them
presented as quickly as possible. He deplored the fact that NGOs did not exert
sufficient pressure on the government to remind it of its obligations under the
conventions that the country had ratified. He also referred to the lack of resources,
which has prevented Sao Tome from taking part regularly in the work of the African
Union (AU). He also indicated that his country did not have a permanent
representation in Addis Ababa. According to him, all this had an adverse impact in
dealing with certain very important issues. He reiterated his undertaking to monitor
the issue of the reports to the ACHPR in arrears closely.
26. Commissioner Melo stated that although civil society certainly has a role to play in
implementing the obligations arising from the conventions ratified by Sao Tome and
Principe, the principal responsibility in this area is nevertheless that of the State. She
suggested that attempts be made to compensate for the lack of resources that has
prevented Sao Tome from participating in the sessions of the ACHPR, in particular
by addressing a request to the United Nations Programme for Development
(UNDP).
27. While recognising that the repeated absence of Sao Tome from meetings of the
ACHPR or other organisations could be interpreted wrongly, Mr. Viegas stated that
this was not the illustration of a lack of interest in those institutions on the part of
his country. He reiterated the commitment of his country to seek to resolve such
problems.
28. In response to a question from the Special Rapporteur concerning the ratio of
women ambassadors, Mr. Viegas indicated that of the six ambassadors at post, one
of the most prestigious positions, that of Ambassador to Portugal, was held by a
woman.
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29. The Special Rapporteur then urged Sao Tome and Principe to ratify the African
Charter on the Rights and Welfare of the Child and the Protocol relating to the
Rights of Women in Africa. She explained in detail the process that led to the
drafting and adoption of the latter text.
30. Mr. Viegas promised to ensure that these important issues were brought to the
attention of the appropriate institutions. He indicated that there was no political
obstacle to the ratification of these instruments. He went on to indicate that
women’s rights were highly promoted in Sao Tome and Principe, as illustrated by the
fact that a woman had recently been appointed Prime Minister. He also stated that
women occupied positions of high office such as Governor of the Central Bank of
Sao Tome and Principe, among others.
31. Mr. Viegas added that the AU had recently sent a list of instruments to be ratified by
his country and that the necessary arrangements were going to be made to that
effect, in particular at a future ordinary session of the AU at which Sao Tome and
Principe would be present.
32. To Commissioner Melo’s question concerning economic and social rights in the
current difficult economic situation of Sao Tome and Principe, Mr. Viegas
responded that the economic situation was indeed difficult, but that a policy of
positive discrimination was being applied to certain categories of persons, in
particular female heads of families, who benefit from standard projects.
•
Mr. Fernand Maquengo de Freitas, President of the Sao Tome Human Rights
Association and Director of the National Social Security Institute
33. Commissioner Angela Melo made a brief presentation of the African Charter, the
African Commission and the Secretariat of the Commission. She then stated the
objectives of her mission to Sao Tome and Principe and went on to inquire about
the history of the Sao Tome Human Rights Association (ASTDH), as well as the
state of its activities and relations with other similar institutions, in particular the
ACHPR. Mrs. Melo also asked what activities were carried out by the ASTDH to
encourage Sao Tome and Principe to fulfil its obligations towards the ACHPR, in
particular through the presentation of periodic reports.
34. Mr. Maquengo thanked the delegation and indicated that a number of NGOs existed
in Sao Tome and Principe, including the Sao Tome Human Rights Association, a
National Women’s Forum, and a Forum of Women Parliamentarians and Ministers
that was set up in March 2004. He said that civil society organisations had been
asking the government in vain, since 1999, to set up a National Human Rights
Commission, in accordance with the Paris Principles. A letter had been sent to the
government with this request, but no reply was ever received, he added. He indicated
that his NGO, ASTDH, was created in 1992, but it was only in 1997-1998 that it was
recognized by the State. The NGO carries out activities such as visits to prisons and
detention centres and raising awareness about human rights.
35. To Commissioner Angela Melo’s question relating to the situation of instruments
that have not yet been ratified by Sao Tome and Principe, in particular the African
Charter on the Rights and Welfare of the Child and the Protocols relating to the
8
Court and the Rights of Women in Africa, Mr. Maquengo responded that the climate
was now rather favourable for the ratification of these instruments.
36. He added that the State had recently adopted very favourable measures in this area
for children, and that in 2003, a campaign had been carried out to register street
children. He went on to say that the government would require technical assistance
in order to enable it achieve the ratifications. The frequent ministerial reshuffles
however made it difficult to have regular monitoring of these issues.
37. The Special Rapporteur explained in particular the current situation regarding the
Protocol on the Rights of Women in Africa and urged the ASTDH to work to
ensure its rapid ratification by Sao Tome and Principe. She also explained that the
ASTDH had the possibility of applying for observer status with the ACHPR in order
to allow the association to play a more active part in the activities of the ACHPR and
interact with other African and international Human Rights NGOs. To this end,
Mrs. Melo provided her interlocutor with the criteria for applying for observer status.
38. Commissioner Melo further explained the importance of the function of protecting
human and peoples’ rights and indicated that the Protocol on the establishment of
an African Court on Human and Peoples’ Rights, which entered into force in
January 2004 would have to be ratified by Sao Tome and Principe in order to
enhance the protection of human and peoples’ rights on the continent. She
encouraged the ASTDH to write to the government to this effect. She also inquired
about topical issues concerning human rights in the country.
39. Concerning economic, social and cultural rights, Mr. Maquengo stated that although
these rights are recognised by the constitution, they are not adequately nor fairly
implemented in Sao Tome and Principe, because of the country’s difficult economic
situation. The situation of civil and political rights is however better.
40. Mr. Maquengo lamented the phenomenon of street children, which is caused by
unemployment or insufficient income of parents. The problem is not yet too serious,
bearing in mind the size of the country and its population, but it must be remedied
without further ado, added the speaker. NGOs, including ASTDH have set
themselves to the task with the assistance of the State and other partners, including
Portugal. The means mobilised however remain largely insufficient.
41. Where women are concerned, Mr. Maquengo stated that there was no specific
budget for women, but that women in difficult situations could obtain assistance. He
added that an Emergency Plan had recently been set up for such women, with a
budget line of roughly USD 600 000. This is expected to cover 1 200 women for the
year 2004. A multidisciplinary team is currently preparing the terms of reference that
will guide the choice of women to benefit from this assistance.
42. Mr. Maquengo also indicated that women’s rights have been recognised as human
rights in Sao Tome since 1999 and that the social security system functions relatively
well. In this area, the recent redistribution of land requires the setting up of a system
that would take into account the new situations that have been created, in particular
the status of independent workers. A draft bill is being prepared in order to better
guarantee the access to social assistance.
9
43. Mr. Maquengo also recognised that unemployment was a problem and that although
the law states that education is compulsory and free at primary level, the school
infrastructure, particularly at the secondary level, is very insufficient. Furthermore,
there is no university in Sao Tome and Principe. Students are therefore obliged to
travel abroad for training.
44. Speaking about the most common human rights violations in Sao Tome and
Principe, Mr. Maquengo stated that non-enjoyment of social and economic rights
was an area of serious concern. He added that the conditions of detention were
rather poor and that minors and adults were sometimes held in the same cells.
45. Commissioner Melo sought to find out about human rights violations on the part of
the State and its agents and Mr. Maquengo cited arbitrary arrests and detentions, as
well as maltreatment of detainees. He recognised that such violations were quite
common as a result of the lack of training of the law enforcement personnel and the
lack of appropriate means to carry out the duties expected of security forces. Mr.
Maquengo nevertheless acknowledged that the criticisms of human rights NGOs,
including ASTDH, had contributed to a recent improvement in the human rights
situation, especially in prisons and centres of detention, where the public authorities
had recently taken a number of measures to enable the rapid trial of detainees, in
order to alleviate the overcrowding in prisons and centres of detention.
Commissioner Melo asked ASTDH to continue to work to ensure that more
sustainable methods are adopted and applied in this area.
46. When Commissioner Melo asked if legal aid for the poor existed in the country, Mr.
Maquengo answered that only those who were able to pay could enjoy the services
of a lawyer, one of about ten lawyers working in the country.
47. Mr. Maquengo asked the ACHPR to intervene with the government to ask it to set
up a National Human Rights Commission in order to enhance the promotion and
protection of human rights. He also asked the ACHPR to encourage the State to
create an enabling environment for sustainable legal aid in Sao Tome, through the
training of paralegals and other staff. He also asked for more means to be made
available to NGOs. He said that due to the lack of means, neither ASTDH, nor
other NGOs had a head-office or staff.
48. Concerning HIV/AIDS, he stated that the situation is disquieting and that the public
authorities and civil society, who are aware of the gravity of the situation, organise
education campaigns and control of the scourge. On the other hand, female genital
mutilation (FGM) is not a problem in Sao Tome and Principe.
49. Commissioner Melo promised to provide assistance to NGOs in monitoring and
evaluating human rights in Sao Tome and Principe. She also promised to transmit
the messages of the NGO to the authorities whom she would be meeting during her
mission, and also to the ACHPR, in the form of recommendations in her report.
10
March 16 2004:
•
Meeting with Mr. Lazare Alfonse, Director of the Prison of Sao Tome and Principe
Summary of the presentation by the Director:
50. The Director welcomed the delegation and indicated that he had been appointed
director of the prison just two months before. He presented his institution,
indicating that the prison of Sao Tome and Principe, the only one in the country, was
an old building that had recently been partially renovated, and where the drains of
the sanitary facilities for example, like many other systems, were not functional. He
then stated that the prison currently held 174 prisoners and detainees, guarded by 60
guards, which he considered insufficient. 83 detainees have already been tried and are
serving their sentence, while 91 cases are still pending.
51. The Director of the prison said that the most common offences and crimes were
robbery, homicide, alcoholism and assault. He however indicated that human rights
violations were not a problem in the country, where citizens are free and enjoy the
rights recognised and guaranteed by legal texts, including the constitution.
52. He described the functioning of the prison and emphasised the different services
available to prisoners and detainees. These include visits on Saturday and Sunday;
medical assistance provided by nurses one to three times a week; a general
practitioner, a psychiatrist and a dentist who come in when required, and three meals
a day.
53. Sporting activities had been suspended due to the absence of infrastructure.
However, detainees can engage in masonry, carpentry, basket weaving, and sculpture
as a form of training and entertainment, while at the same time enabling them to
fend for themselves once they are released from prison and avoid repeating the same
errors that sent them to prison. The Director intends to reform these activities and
make them more effective in the coming months.
54. The Director deplored the lack of resources that faces his establishment. This
prevents him from meeting all the existing needs including uniforms for prisoners,
transport, medicines, among others. A fence is being built around the prison in order
to isolate the prison and enhance security within the perimeter. Currently, the prison
receives an amount of about 40 000 000 dobras3 per month. He has therefore
appealed to the State to allocate supplementary and adequate resources to the prison
in order to enable the institution to play its rightful role.
55. He indicated that he had recently created a shop whose articles are subsidised by the
State, for the benefit of prisoners and their families who visit them. A request was
recently sent to the State to provide the prison with a plot of land that could be
farmed by detainees. The prison’s sports field is being rehabilitated.
3 US$
1 is equal to about 9000 dobras (at the time of the mission in March 2004)
11
56. Commissioner Melo then spoke and gave details about the African Charter, and the
ACHPR and its functions. She emphasised the promotion and protection functions
of the Commission, its relations with NGOs and the African Union, and the election
of Commissioners. She explained the work of the Special Rapporteur on Prisons and
Conditions of detention in Africa. In addition, the Commissioner underlined the
particular role played by the Secretariat of the African Commission, based in Banjul,
in coordinating the activities of the commission.
57. She touched on the issue of the lack of uniforms for prisoners. This, she said, could
be a source of insecurity as it might facilitate attempts to escape, since prisoners
could not be distinguished from the rest of the population. She was pleased to note
that the physical integrity of prisoners was now guaranteed, following measures
introduced by the Director. Prisoners are also now systematically tested for
HIV/AIDS, and other medical checks make it possible to have knowledge of their
state of health. The Commissioner deplored the absence of statistics and data bases
concerning prisoner. The Director promised to correct that shortfall.
58. Mrs. Melo asked about legal aid for detainees and the Director answered that there
was no form of assistance for poor detainees. Only those who could afford it
enjoyed the services of a lawyer. The others had people appointed to assist them in
their defence. However, since these people were not lawyers, their assistance was not
always very efficient.
59. In answer to the questions by the Special Rapporteur concerning women, the
Director acknowledged that there were many cases of assault on women, often by
men in a state of drunkenness.
Site tours and observations:
60. Commissioner Angela Melo and her delegation then toured the prison and its
environs. They noted that the prison was indeed dilapidated and that partial
renovation was on-going. Conditions of detention are relatively good. The cells are
clean and the inmates have iron beds. The toilets had water and were relatively
hygienic. Although the kitchens were old, they were functional.
61. The delegation also noted that the sanitation drains were faulty. In one cell, five
people were awaiting arraignment before an investigating magistrate. They did not
have beds, but rather they were sleeping on blankets placed directly on the floor.
62. The delegation toured the prison’s health centre where an inmate who was unwell
was receiving care.
63. The Special Rapporteur noted that there was not a specific block set aside for
women. The two women inmates were being held in cells adjacent to the cells of
other prisoners. The Special Rapporteur suggested to the Director that a women’s
wing be set up exclusively for women and that a structure also be set up to defend
women prisoners/detainees. The Director indicated that he was in favour of this idea
and promised to think seriously about it.
12
64. The delegation noted that work was going on outside the prison to make the
surroundings cleaner and more welcoming. A fence is also being constructed to
separate the prison from the surrounding houses and thus do away with the paths
that people were taking and which were much too close to the penitentiary
establishment.
•
Audience with Mrs. Maria Do Carmo Trovoada Silveira, Governor of the Central Bank of
Sao Tome and Principe and President of the Sao Tome and Principe Women’s Forum.
65. Commissioner Angela Melo introduced her delegation and the ACHPR and
indicated that she was carrying out this mission in her dual capacity as Commissioner
and as Special Rapporteur on the Rights of Women in Africa. She provided
information about the Protocol establishing an African Court on Human and
Peoples’ Rights, as well as the Protocol relating to the Rights of Women in Africa
and emphasised the fact that Sao Tome had not ratified any of these important
instruments.
66. Mrs. Trovoada Silveira indicated that her bank coordinates the activities of all the
banks in the country. A few private banks do give loans to women, but do not really
assist them in integrating the formal sector. It is therefore necessary to set up a
structured economy so that the informal sector is only a short term solution. She
acknowledged the need to provide financing to the 40% of women who are heads of
households in Sao Tome and Principe, through short term programmes. She felt that
the best solution would be the creation of formal structures such as cooperatives.
67. Commissioner Melo asked if banks provided funding for agriculture, fishery and
other activities. Mrs. Silveira answered that individual access to loans was difficult
because of the small size of holdings and the lack of guarantees. The government
therefore negotiates credit lines with donors, for such individual, small-scale
operators. Larger scale operators may have access to bank loans on condition that
they comply with certain required conditions. On the other hand, there are no credit
schemes exclusively reserved for women. She took the opportunity to express her
reservations about micro-financing policies, which sometimes have the effect of
disintegrating economies and creating informal sectors outside of all State control in
the area of taxing or hygiene for example. She felt that it was necessary to create
decent, long-term employment conditions for citizens. Micro-credits can only been
considered as a short term solution.
68. Speaking as the President of the Sao Tome and Principe Women’s Forum, Mrs.
Silveira stated that the Forum was created in 1996 following the Beijing Conference
in 1995. The objective of the Forum is to bring together organisations working in the
area of women’s rights. The Forum comprises 11 NGOs that provide support to
women in certain activities, and it acts as a pressure group in favour of women’s
rights within the government. It also provides support to government actions in
favour of women.
69. Mrs. Silveira went on to indicate that since the concept of associations is relatively
new in Sao Tome, NGOs are faced with the problem of lack of skills and the fact
that people only work for them on a voluntary basis. Staffs are therefore not
permanent and this affects the effectiveness and visibility of the Forum. The new
13
management is however tackling this issue by implementing a strategy based on two
or three priority activities. These are raising awareness among young girls about their
future; means of self-sufficiency and women’s social affairs (health and education),
and changing mental attitudes that currently penalise young girls (early pregnancies,
HIV/AIDS, legal assistance).
70. The speaker went on to say that in spite of appearances, with women as Prime
Minister, Governor of the Central Bank, and President of the Supreme Court, the
situation of women’s rights is of concern in Sao Tome, because women constitute
the poorest category of the society, with the heaviest burden of responsibilities.
Although girls work hard in school, she added, once one goes beyond the primary
level, their numbers diminish considerably because of cultural obstacles.
71. The speaker further identified another problem, which is prostitution of young girls
who believe that this will enable them to procure the means of subsistence that
parents are unable to provide. She also touched on the issue of early marriages and
pregnancies, which prevent girls from pursuing their studies. She concluded that
although in theory women have the same rights as men, in practice, the situation is
unfavourable for women. Indeed, women are often unaware of their rights and the
Forum and other NGOs seek to teach them about their rights through seminars and
other educational meetings. She cited the example of the Family Law that was passed
in 1997 and which is very favourable to women. For example, a union of more than
three years between a man and a woman is recognised as a marriage and confers the
same effects.
72. Mrs. Silveira also stated that domestic violence is a national scourge that affects
women and which must be combated through a change of mentalities as well as the
use of existing legal mechanisms. She added that 40% of women are heads of
households, while unemployment in the country exceeds 20%. In this light, she
continued, the Political Affairs committee of the Forum seeks to ensure that women
are involved in decision-making by placing them in key positions in society. Women
constitute 51% of the population, but there are only five or six women out of 55 in
Parliament and the Forum would like to see an increase in that figure. This could be
achieved by ensuring that women figure in good position on electoral lists during
parliamentary elections, for example.
73. Mrs. Silveira went on to state that the fact that women already hold certain important
positions is not the reflection of a lasting development, but rather the result of the
implementation of a programme of empowerment of Sao Tomean women. For this
reason, focal points have been established in certain Ministries to reflect on women’s
rights issues.
74. In response to the question from the Special Rapporteur as to whether positive
discrimination would be a favourable solution for women in Sao Tome and Principe,
Mrs. Silveira said that women must be considered for their true value. She was
nevertheless in favour of positive discrimination, as long as this practice did not lead
to a form of favouritism for women to the detriment of society, with incompetent
women holding positions of high office, for example.
75. The Special Rapporteur asked if access to land was a problem, and Mrs. Silveira
declared that access to land was limited by the small size of the country. However, a
14
project for redistributing land had been initiated by the government ten years ago
with the support of the World Bank. Major land owners and farmers had therefore
had to cede plots of land to individuals. The scheme had however had a negative
impact on agriculture because the State was obliged to finance agricultural
infrastructure.
76. The Special Rapporteur requested information about the situation of widows and
was informed by Mrs. Silveira that widows enjoyed the same rights as widowers.
Nevertheless, employers, particularly in the private sector, prefer to recruit men
because of the various responsibilities that women face in addition to their career,
that is, pregnancies, children, and children, among others. She went on to state that
sexual harassment is an issue on which women need to be educated in order to
ensure that they would accord prime importance to their training, which should be
the only basis for obtaining a job. The speaker further confirmed to the Special
Rapporteur that violence against women was a common occurrence, both in rural
and in urban areas.
77. The Special Rapporteur recommended that the Forum advocate for the government
to ratify the Protocol on the Rights of Women in Africa, the Protocol Establishing
an African Court on Human and Peoples’ Rights and the African Charter on the
Rights and Welfare of the Child.
•
Meeting with Mr. Leonel Jesus Pinheiro, Permanent Secretary of the Ministry of
Justice, State Reforms and Public Administration, and Mrs. Ivete dos Santos Lima,
Psychologist with the Ministry.
78. Commissioner Melo introduced her delegation and recalled the two mandates that
she was implementing during this mission to Sao Tome and Principe. She then
described the functioning of the ACHPR under the terms of the African Charter on
Human and Peoples’ Rights and the rules of procedure of the African Commission.
She informed her interlocutors of the most recent developments concerning the
Protocol on the African Court and the Protocol relating to the Rights of Women in
Africa, as well as the African Charter on the Rights and Welfare of the Child. She
highlighted the fact that Sao Tome and Principe had not yet ratified any of these
instruments.
79. Commissioner Melo also inquired about the existing relations between the Ministry
and human and women’s rights NGOs. In answer, Mr. Pinheiro stated that the
Ministry did have links of cooperation with all human rights NGOs and sometimes
organised certain activities such as visits to prisons, seminars, etc. with them,
although this was not very regular.
80. The Commissioner then spoke about the desire of the ACHPR and certain Sao
Tomean NGOs to see the creation of a National Human Rights Commission in
accordance with the Paris principles. She spoke at length about the advantages of
such an exercise and strongly exhorted the Ministry representatives to work to that
end. She also invited Sao Tome and Principe to send delegates to the forthcoming
sessions of the African Commission and to encourage the country’s NGOs to do the
same, in particular through the NGO Forum, which is usually held a few days before
the sessions of the African Commission.
15
81. Commissioner Melo also asked if the Ministry had a programme for monitoring and
evaluating human rights in the country. The Permanent Secretary indicated that such
a system did not exist.
82. Touching on the points that she had noted during the tour of the prison of Sao
Tome and Principe, Commissioner Melo encouraged the Ministry representatives to
set up a programme of legal aid for poor detainees and prisoners, in order to ensure
that they enjoyed the right to a fair trial. The Permanent Secretary recognised that
there was no formal structure dealing with prisons and promised to ensure that one
was created.
83. Commissioner Melo particularly emphasised the need for Sao Tome and Principe to
comply with the obligations of the African Charter by preparing and presenting the
reports in arrears, in accordance with article 62 of the Charter. She explained the
importance of the process of consideration of States’ reports and submitted a copy
of the guidelines on States’ reports to the representatives of the Ministry.
84. The Permanent Secretary spoke about the measures undertaken to reform the legal
and justice system. These are expected to make justice more accessible and effective.
The legal reforms have started with the criminal code and the code of criminal
procedure. Subsequently, the civil code and the commercial code will also be
reformed. The reform of the judiciary consists of setting up specialised courts to deal
with specific matters. Currently, all the three courts of the country hear all matters.
85. The Director and his colleague deplored the fact people appointed to certain
positions within the Ministry did not remain in their positions long. This leads to
frequent changes in responsibilities for various issues and is detrimental to the
effective monitoring of such matters. They also expressed the desire to see a specific
Ministry set up to deal with human rights in Sao Tome and Principe, and to see a
social dialogue initiated on human rights in the country.
86. The Special Rapporteur asked about the dissemination of human rights instruments
and was informed by the Permanent Secretary that there was no initiative to that
effect. He added that a proposal had recently been made to the Council of Ministers
to set up an inter-ministerial committee for that purpose.
March 17 2004:
•
Audience with H.E. Mr. Oscar Aguiar Sacramento e Souza, Minister of Foreign
Affairs, Cooperation and Community Affairs:
87. Commissioner Angela Melo described in detail the membership and functioning of
the ACHPR and explained the functioning of the system of Special Rapporteurs. She
emphasised the fact that her mission to Sao Tome and Principe fell within both
frameworks. The Commissioner also reminded the Minister of the obligation of Sao
Tome and Principe to comply with the African Charter, and in particular article 62,
relating to State reports. She urged Sao Tome and Principe to ratify the African
16
Charter on the Rights and Welfare of the Child, the Protocol on the African Court
and the Protocol relating to the Rights of Women in Africa.
88. Commissioner Melo further advised the Ministry to set up an inter-ministerial
commission or committee to tackle the ratification of the various instruments cited,
as well as their implementation. The Commissioner urged Sao Tome and Principe to
participate in the work of the ACHPR and to encourage NGOs to do the same in
order to develop the required links of cooperation between the Commission and this
State party. She explained the different mechanisms through with this cooperation
could be implemented; the sessions of the African Commission, the NGO Forum,
and other meetings and seminars.
89. The Commissioner wanted to know whether the recent ministerial shuffle could
have a negative impact on the promotion and protection of human rights in the
country. The Minister explained that the ministerial reshuffle was due to the fact that
the Democratic Movement of the Forces of Change had withdrawn from the
government. He said this would have no adverse effects on the government’s human
rights policy.
90. The Minister also stated that given the importance of the information that
Commissioner Melo had provided, he felt that the delegation should meet with the
Minister of Justice. Although this Minister was the outgoing Minister, he could
transmit the message to his successor. For his part, the Minister undertook to take
the necessary measures to ensure that the ACHPR delegation could meet all the
government personalities that they wished to meet during the mission to Sao Tome
and Principe.
•
Audience with H.E. M. Julio Lopes Lima da Silva, Minister of Trade
91. After having thanked the Minister for receiving them, Commissioner Angela Melo
introduced her delegation and spoke of the objectives of her mission. She then asked
about the situation of economic and social rights in Sao Tome and Principe.
92. The Minister stated that human rights are certainly not limited to civil and political
rights, but also include economic and social rights. He thus acknowledged that
although political rights are implemented in the country, economic and social rights
are an area of grave concern, not by the fault of the government, but due to the
objective economic difficulties that the country is facing. A lot still remains to be
done in order to allow people to enjoy the right to a decent living and sustainable
development in Sao Tome and Principe. He called for greater international
cooperation to this end.
93. In response to a question from the Special Rapporteur about the protection of
women’s rights, the Minister stated Sao Tome and Principe, like many other African
countries, had deployed remarkable efforts in this area in recent years. He deplored
the inexistence or insufficiency of assistance from the rich countries to truly support
such efforts.
17
94. Indicating that in principle women’s rights are an integral part of human rights,
Commissioner Angela Melo called for the creation of a committee on gender within
each Ministry. The Minister responded, citing examples,4 that this was not necessary
since empowerment of women was a tangible reality in the country. On the other
hand, he stated that having focal points on HIV/AIDS was an excellent idea, which
is currently being implemented. He further stated that women are very active in both
formal and informal trade, thus making them the pillars of the family in many ways.
He said the Ministry of Trade is seeking to make micro-credits of between $200 and
$300 available to women under relatively flexible conditions, in order to assist them
further in taking charge of themselves.
95. The Minister also mentioned on-going initiatives to provide for the 40% of mothers
who are heads of the household. He expressed the hope that industrialisation of the
country would start quickly, in order to provide more jobs for the population, in
particular women. He mentioned a canning factory that is soon to be set up and
which would employ at least 400 women. A data bank on women working in the
informal sector is currently being set up to enable the State to have a better
knowledge of their expectations and fulfil those expectations.
96. The Minister indicated that a budget line had been allocated in the 2004 budget to
assist in the economic emancipation of women in Sao Tome and Principe.
97. Commissioner Melo encouraged the Minister to finalise the data bank on women
and to ensure that a framework document on the empowerment of women is drafted
so that the example of Sao Tome and Principe may usefully serve other countries.
•
Audience with H.E. Mr. Justino Vega, Minister of Justice
98. After the usual introduction and preliminary information about the ACHPR, and the
nature and objectives of the mission, Commissioner Angela Melo asked the Minister
to work to ensure that Sao Tome and Principe, would ratify the Protocol
Establishing an African Court on Human and Peoples’ Rights, the Protocol relating
to the Rights of Women in Africa, and the African Charter on the Rights and
Welfare of the Child. She also urged Sao Tome and Principe to submit and present
the nine reports in arrears to the ACHPR. These reports may be combined into a
single report.
99. The Minister indicated that the fact that certain regional and international
instruments, including the three African instruments mentioned above, had not been
ratified could be explained by the lack of information and of a formal procedure for
ratification. This would have to be adequately addressed in order that Sao Tome is
not left lagging behind. A proposal was made to set up a technical committee for the
ratification and implementation of international instruments.
100.Commissioner Melo asked why this structure was dormant and the Minister declared
that resources were required to ensure the effective operation of such a structure,
which is of vital importance for national interests.
4 The Prime Minister, the Director of Customs, the Governor of the Central Bank, and the President of
the Supreme Court are all women.
18
101.Mrs. Melo raised the issue of dissemination and monitoring of national laws, as well
as conventions, to the population. The Minister acknowledged that there were
difficulties in this area and stated that UNICEF is providing assistance here. He said
that localised dissemination of laws and instruments was under way and that all
regional instruments would be disseminated.
102.Commissioner Melo suggested that the Minister should encourage his successor to
set up a plan of action covering priority activities in the area of human rights in the
country. This plan of action would include the general dissemination of national,
regional and international legal instruments dealing with human rights.
103.The Commissioner also raised the issue of the creation of a National Human Rights
Commission in accordance with the Paris principles. She explained the nature, the
membership, the missions and functions of such a commission, as well as the
advantages that this would represent for the African Commission. The Commission
would be a privileged partner of the ACHPR, without prejudice to the position and
role of NGOs in relation to the African Commission.
104.Mrs. Melo also recommended that the Minister explore the ways and means of
ensuring the country’s participation in the sessions of the African Commission to
inform the latter of the progress made in the promotion and protection of human
rights in the country.
105.The Minister indicated that although the National Commission does not yet exist,
NGOs are very active in several areas, including prisons. He promised to suggest the
creation of such a commission to ensure synergy in the area of human rights
activities.
106.The Commissioner asked if there were problems in the area of food security and in
particular in access to drinking water in the country. Here, the Minister
acknowledged that certain remote areas had difficulties in obtaining access to water
and that people had to travel long distances to obtain drinking water.
107.Touching on cooperation between the Ministry and detention centre, the Minister
indicated the existence of an informal commission made up of representatives of the
Office of the Public Prosecutor, the courts and the police. The commission meets to
resolve problems such as arbitrary arrests and detentions. He added that he had
initiated a recent exercise to speed up the process of trials in order to alleviate the
overcrowding in the prison and detention centres. This had made it possible to
resolve cases of excessively lengthy remand periods. The Commissioner suggested
that more permanent measure be utilised in this area.
108.Concerning women’s rights, the Minister indicated that there was not a specific
Ministry for the promotion of women, but that a unit had been created in 2000
within the Office of the Prime Minister. A civil servant of the Ministry of Justice
serves as the focal point for this unit and for UNICEF.
109.The Commissioner spoke about violence against women in Sao Tome and Principe
and asked about the state of progress in the legal and judicial reforms. The Minister
declared that the work to be done here was considerable. He cited the draft code of
criminal procedure, the laws for implementing sentences, the laws for the reform of
19
the judicial system, and the law establishing the Office of the Public Prosecutor. He
said that the technical preparation of these texts had been completed and that they
had to be approved by the Council of Ministers and adopted by Parliament. The
draft civil code, criminal code, and code of civil procedure had also been started.
Contacts have also been initiated with donors to seek funding for other reforms and
for the reorganisation of the courts to set up specialised courts.
110.The Special Rapporteur asked if provision has been made to penalise acts of violence
against women. The Minister stated that a specific law on the issue had been drafted
at the technical level and would soon be submitted to the Council of Ministers and
to Parliament. The Minister acknowledged that civil society organisations should
have been involved in drafting the laws. The Special Rapporteur recommended that
the draft bills be subjected to public review by NGOs before being sent to the
Council of Ministers and to Parliament.
111.Coming to the issue of participation of women in public affairs, the Special
Rapporteur asked the Minister if it was necessary to set up a system of quotas for
women in Sao Tome. He responded by citing numerous examples of women in
positions of high authority in the country. The Minister said that such an initiative
was not necessary in Sao Tome and Principe. To the question by the Special
Rapporteur concerning the small number of women in Parliament, he said that this
was due to lack of interest in national representation on the part of women.
•
Audience with H.E. Mr. Alvaro Joao Santiago, Minister of National Education
112.Commissioner Angela Melo introduced her delegation and her mission and
explained the role of the ACHPR and its activities in States parties. She spoke about
her role as Special Rapporteur on the Rights of Women in Africa and urged the
Minister to work with his colleagues to ensure that Sao Tome and Principe complied
with the African Charter, in particular its article 62, relating to States’ reports. This,
she said, was a particular opportunity for the ACHPR to gather information about
the human rights situation in Sao Tome and Principe.
113.Commissioner Angela Melo asked the Minister whether the right to education, as
enshrined in international agreements and covenants, was being implemented in Sao
Tome and Principe.
114.The Minister acknowledged the responsibility of the State to provide education to its
citizens and said that the State of Sao Tome and Principe was providing education to
all children throughout the country in 63 primary schools. Education at this level is
compulsory and free of charge. He recognised that more schools are needed, in
order to comply with the pedagogical rules relating to the ratio of pupils per class.
115.The Commissioner then asked if parents were well aware of the need to send their
children to school. The Minister responded by saying that since the 1990’s parents in
rural areas have been more and more reluctant to send their children to school. The
major challenge facing the country today is to enhance the quality of teaching.
116.Where secondary education is concerned, the Minister stated that there was a greater
tendency for girls to drop out of school than boys. This trend is less notable in urban
centres than in the rural areas where mental attitudes do not favour girls. The
20
Minister nevertheless noted that this is not due to the cost of school fees as
education is mainly public and free of charge in Sao Tome and Principe.
117.In answer to the question by the Commissioner as to whether it was necessary to
create a university, the Minister indicated that a study was to be carried out to
determine whether this was justified for Sao Tome and Principe. In the meantime,
Sao Tomean students are trained in Cuba, Portugal, Brazil, France, and the United
States.
118.Commissioner Melo asked if the Minister would have any objections to introducing
lessons on human rights in school programmes in order to raise awareness in the
population and also to fight against negative mental attitudes. The Minister said that
this was both necessary and feasible. He however pointed out that women enjoy a
good status in the country, even if certain attitudes in both men and women need to
be changed in areas where women are underprivileged.
119.Mrs. Melo asked about the existence of specific technical and vocational training
programmes for women. The Minister answered that no such programmes existed
and that boys and girls had the same opportunities. He promised to think about the
setting up of such programmes and especially to improve the quality of teaching by
providing training for more primary and secondary level teachers and by
constructing more classrooms. This would be done with the support of the World
Bank.
120.The Special Rapporteur repeated the suggestion that lessons on human rights and
subjects of importance to young people, such as HIV/AIDS, be included in teaching
programmes. The Minister promised to consider this in pragmatic terms.
March 18 2004:
•
Audience with Mr. Adelino Amado Pereira, Public Prosecutor
121.Commissioner Angela Melo spoke about the ACHPR, its membership, mandate and
activities, highlighting its protection function. She also presented the promotion
function, indicating that consideration of reports constituted an important part of
this function, and drew the attention of the Public Prosecutor to the tardiness of Sao
Tome and Principe in presenting its reports. She cited the instruments that have not
yet been ratified by Sao Tome and Principe and asked the Prosecutor to do what he
could in this area.
122.The Commissioner emphasised the importance of Sao Tomeans enjoying the right to
a fair and healthy system of justice, where justice is rendered within a reasonable
lapse of time. She also reported on the points observed by the delegation during its
visit to the prison, and referred in particular to the absence of legal aid for poor
detainees. She asked for the Public Prosecutor’s view on this matter.
123.The Prosecutor thanked the Commissioner and the delegation for the mission. He
indicated that he had been appointed to his post just a year before and said that the
country, which had only been in existence for 28 years, was at a crucial point in its
history. The discovery of oil had led to some political friction. The Public Prosecutor
21
went on to state that human rights issues in the country must be approached with
caution. Difficulties exist, as in other places, and the absence of legal aid for the poor
is one of them. He said that, in consultation with all institutions concerned, he had
put forward a number of ideas to improve the system. A number of difficulties had
been identified and the practical solutions to these were yet to be implemented.
124.Speaking on the state of the penitentiary establishment of Sao Tome and Principe,
the Public Prosecutor said that it was of grave concern for many reasons. Detainees
lacked just about everything, but here again, the recommendations that had been put
forward had not yet been implemented.
125.Speaking on the specific issue of legal assistance, the Public Prosecutor deplored the
fact that there are only four lawyers practising in the country. He hoped that the
discovery of oil would attract more qualified high level workers, including lawyers, to
the country. He mentioned a law on court appointed lawyers to defend poor people,
but said that the lawyers often did not cooperate in implementing this law because of
the low level of remuneration offered by the State. The Public Prosecutor
acknowledged that because of the lack of skills on the part of lawyers and other
judicial staff, the quality of court cases could be questioned.
126.He also felt that there was a need to build a new prison with more acceptable
conditions. There is apparently a project in existence and it is to be hoped that the
new Minister of Justice will pursue the matter. There is a need to set priorities and
make clear choices in favour of the judicial system in the country.
127.The Commissioner requested further clarification about the impact of the recent
discovery of oil in the country and the Prosecutor answered that this had had
repercussions in the political arena, such as the recent reshuffle. Furthermore, the
relations of the State with certain partners were changing and crime was on the rise.
He cited the massive arrival of foreigners, acts of embezzlement, trans-national
crime, and child abuse. The population of the country is also expected to increase
and adequate measures must be taken to accompany these developments and take
their consequences into account.
128.The Commissioner asked whether the first concern would be to build a new prison
or to provide legal assistance. The Prosecutor answered that under the terms of the
law imposing visits by the Office of the Public Prosecutor to prisoners once a
month, magistrates regularly visit the prison to listen to the problems of detainees. A
timetable has therefore been set up and twice a month, a representative of the Office
of the Public Prosecutor goes to the prison.
129.The Commissioner asked whether the Public Prosecutor could deal with cases of
prisoners being released on probation in the absence of the lawyer of the detainee.
The Prosecutor answered that the Director of the Prison is in charge drawing up a
list in the absence of the judge. There is therefore no system for supervising the
application of sentences and the cases that are known are dealt with by the Office of
the Public Prosecutor.
130.The Commissioner also requested details about the exercise of accelerated trials that
was carried out in 2003 under the authority of the Ministry of Justice and asked what
permanent measures were envisaged to do away with overcrowding in prisons. The
22
Prosecutor answered that the beginning of the legal year was always a time for
making pronouncements about what needed to be done to resolve the problems in
the legal system. Subsequently, however, resources were never allocated for this
purpose.
131.The Commissioner asked if improving the conditions of work of staff of the justice
system was a concern, to which the Minister answered in the affirmative. He
deplored the poor conditions of work of magistrates; the lack of space, office
equipment, and staff. He said that any progress made in this area was the result of
unrelenting demands on the authorities, but that a lot still remained to be done, in
particular in the area of training of supervisory staff.
132.The Commissioner asked if there were problems with illegal prisons that are not
under the control of the authorities, or violations of detention periods. The
Prosecutor responded by saying that this was a small country and that security agents
complied strictly with the law and the deadline for holding people in police custody,
which is 48 hours. He said that arrests are always carried out in accordance with the
law and not arbitrarily. The rare cases of arbitrary arrests/detentions are sanctioned.
133.Commissioner Melo put a question about remand and the Public Prosecutor
acknowledged that the time that people are remanded in custody constitutes a major
area of concern due to the lack of supervisory staff and resources, which leads to
delays in dealing with cases. Commissioner Melo suggested that adequate and
permanent solutions be found rapidly to this problem.
134.The Special Rapporteur expressed concerns about the fact that there was not a
separate wing for women in the prison. The Public Prosecutor indicated that he had
made and continued to make recommendations with a view to bringing conditions
of detention in line with international standards.
135.The Commissioner asked if the Office of the Public Prosecutor had a timetable for
receiving complaints from prisoners and detainees. The Public Prosecutor indicated
that he dealt with complaints that came to his Offices on the basis of the kind of
problem raised. He mentioned issues relating to alimony, reconciliation of spouses,
and even intellectual property or land tenure, which are not really within the
competence of the Office. He said that the Office was often obliged to direct
complainants to the appropriate channels.
136.The Commissioner advised the Prosecutor to envisage the possibility of training
paralegals to help remedy the serious problem of lack of legal assistance for the poor.
•
Meeting with Dr. Antonio Luis Dos Santos Amado Vaz, Specialist on HIV/AIDS issues
(National HIV/AIDS Control Programme) Mr. Bonifacio Da Costa e Suza, Officer in
Charge of Clinic and Laboratory Activities of the National HIV/AIDS Control
Programme, and Dr. Alcino Lima, Doctor at the central hospital of Sao Tome and Principe,
In charge of Training and Advocacy in the NACP.
137.Dr Vaz, who works on the strategic plan for HIV/AIDS control in Sao Tome and
Principe, stated that the first case of AIDS was recorded in the country in 1987, and
23
that the first full-blown case of the disease was recorded in 1990. He gave the
delegation other statistics: Between 1987 and 2003, 124 cases were recorded (47%,
that is 59 cases, were women, and 52.4%, that is 55 cases, were men). During the
same period, 56 deaths were recorded (47.6%). Transmission through sexual
intercourse accounts for 49.5% of cases (111) whereas transmission by blood
transfusion represents 4.8% and mother-to-child transmission 1.6%. In 100 cases,
the mode of transmission was not clear. Most of the affected persons are immigrants
from neighbouring countries. There are no drugs for patients and treatment is mainly
limited to treating the symptoms of the disease.
138.Dr Vaz indicated that in 11 cases, the patients were between the ages of 20 and 20,
while 48 patients were aged between 30 and 40. Agua Grande is the most affected
district. Between 3 000 and 6 000 people are HIV-positive. A study in 1989 had
shown a prevalence rate of 0.7% in pregnant women, but between 1986 and 2004,
this figure had gone up to 5.4%. The prevalence rate in blood donors is 2.2%
139. Mr. Bonifacio Da Costa e Suza added, for his part, that education about the disease
started in 1986, with campaigns being carried out in all the communities by means of
theatrical sketches, brochures and radio and television programmes. However,
information is unequally disseminated and does not reach the rural areas that are not
covered by the media. Since 1990, NGOs have been involved in the campaign to
disseminate information in the rural areas with financing from the NACP. Certain
NGOs like the Sao Tome Association for the Promotion of Family Planning
(ASPF), the Red Cross, the Association for Adolescent Health, and the Médecins du
Monde Association are also involved in this campaign and since 2003, they have been
carrying out studies on BAP (Behaviour, Attitude, Practice). A unit within the
hospital offers voluntary screening and provides counselling, where necessary.
140.The Special Rapporteur asked if companies discriminated against HIV-positive
persons and AIDS patients. The participants indicated that certain Embassies would
not give visas to HIV-positive persons. They added that the Ministry of National
Education had made it compulsory for people applying for training scholarships to
indicate their HIV status.
141.In response to the question by the Special Rapporteur as to what was being done in
prisons, the participants indicated that awareness raising campaigns were also
targeted at prisoners, the military, and other law enforcement agents. The Special
Rapporteur asked if such campaigns had a positive impact on changing mentalities,
and participants indicated that reports show that on the whole the population had
changed its mentality and was adopting more responsible attitudes.
142.The Special Rapporteur also asked if the resources allocated to HIV/AIDS control
were adequate. Here, the participants indicated that the budget allocated was very
limited. The NACP, for example, has no equipment, although premises were recently
allocated to it. Overall, the State only allocated $ 5 000 for AIDS control in 2003.
Regular meetings are held with the Ministry of Health to evaluate the programme,
but the appropriate resources do not follow. Participants unanimously confirmed
that there were no antiretroviral drugs. Treatment is limited to dealing with the
symptoms of the disease.
24
143.The Special Rapporteur asked what action had been undertaken to encourage the
State to negotiate with countries that produce antiretrovirals. Participants responded
that contacts had been initiated to this end, but that priority was being given to the
prevention of mother-to-child transmission. Certain partners like WHO and the
World Bank have promised assistance, but this is relatively modest. The
Commissioner encouraged participants to diversify their partnerships in order to
obtain additional resources.
144.Participants acknowledged that the government probably had more to do to
advocate with donors and other partners in favour of AIDS control. They also
deployed the lack of interest on the part of certain donors who seem to neglect
applications from countries. For example, no response was ever received concerning
the two projects submitted by the NACP to the World AIDS Fund for approval in
2002 and 2003. Is this because the prevalence rate in the country is only 1%?
145.The Commissioner asked if the messages of the awareness raising campaigns were
received positively by the population. The participants answered in the affirmative,
particularly concerning the urban population. Some taboos persist within rural
populations, and there is also the problem linked to the use of certain means of
protection such as condoms. Indeed 40.7% of men say that they use condoms.
However, only 13.8% of women oblige men to use them.
146.The Commissioner thanked the participants for the work done and wished them
good luck in their noble undertaking.
•
Meeting with human rights NGOs of Sao Tome and Principe
(The list of NGOs present at the meeting is annexed)
147.Commissioner Angela Melo made a detailed presentation of the ACHPR, its
membership, its mandate and activities, and the role of the Secretariat in
coordinating the activities of the Commission. She also emphasised the promotion
and protection functions of the ACHPR and the system of Special Rapporteurs.
148.Mrs. Melo also underlined the importance of the system of reports by States parties
to the ACHPR and informed participants of the fact that Sao Tome and Principe,
which had never presented a report, had nine reports in arrears. Recalling the role
that NGOs must play in the process of drafting the reports, the Commissioner
encouraged them to approach the authorities with a view to encouraging them and
assisting them to regularise the situation with regards to the reports in arrears to the
ACHPR.
149.Commissioner Melo informed participants of the meetings she had already held with
members of government and civil society, and said that she was happy to have the
opportunity to hold discussions with Sao Tomean human rights NGOs. She
informed them of the human rights instruments that the country has yet to ratify and
once again called on the assistance of NGOs to ensure rapid ratification of those
instruments by the State of Sao Tome and Principe.
25
150.Referring to the different prestigious positions occupied by women, the Special
Rapporteur asked about problems confronting women in the country. She also asked
if positive discrimination was required.
151.Speaking in turn, the representatives of NGOs introduced themselves and indicated
their respective areas of activity. It appeared that the NGOs were involved in a
variety of areas covering formal and informal education for children; sensitisation of
parents to their duties, particularly in the area of education; support to the
underprivileged, agriculture and processing of produce; sanitation; technical and
vocational training for girls; HIV/AIDS prevention, and many others. NGOs enjoy
financial support from partners such as UNESCO.
152.Responding to a question from Commissioner Melo, the NGOs stated that although
the right to education is formally guaranteed, in practice, the situation is
unfavourable to girls because of several social stereotypes. Their school enrolment
therefore falls considerably after primary school. The other major problems
identified by NGOs in the area of education concern the low quality of teaching, the
lack of schools and the lack of motivation and qualification on the part of teachers.
Even more seriously, some teachers have never received any professional training. It
was felt that education was excessively centralised and there are no private schools.
Illiteracy is therefore very common among children, even when they are enrolled in
school.
153.The initiative of the Diocesan Institute of Sao Tome and Principe was praised
because it provides informal support to the education sector, without the official
authorisation of the State, which tolerates its activities. The NGOs also complained
about the frequent ministerial reshuffles and the lack of programmes and strategies
to tackle long-standing and persistent problems. They therefore deduce that the right
to education is not really implemented in this country, which indeed has no
university, and only one overcrowded high school.
154.Concerning the right to health, reference was made to the excessive centralisation of
health services and centres. There are health centres in the rural areas, but these do
not function as they sorely lack staff, equipment and drugs. The existing private
clinics are unfortunately much too expensive for the majority of the population. The
right to health is therefore not guaranteed for the whole population.
155. At the request of the Special Rapporteur, the NGOs spoke about matters relating to
reproductive rights. Family planning campaigns have been carried out, but have
often not had significant impact on the population because of their inadequacy and
the lack of continuity in the activities, as well as tenacious cultural barriers.
156. Participants also spoke about the right to food and indicated that access to drinking
water was a serious problem. There are not enough facilities for water storage, in
particular in rural areas. This therefore endangers food security.
157.Concerning the administration of justice, the NGOs acknowledged that illegal
detention was not an issue. On the other hand, there are numerous cases of
excessively long periods in remand and extremely slow processes of trials. They felt
26
that the justice system was ineffective as there is no system of legal assistance for the
poor. All the participants expressed the hope that a permanent structure would be
set up to remedy this serious shortcoming.
158.Concerning women’s rights in particular, the NGOs deplored the absence of specific
government programmes for the promotion and protection of women and for their
economic emancipation. There is certainly an office, under the responsibility of the
Prime Minister, but it has had no significant impact in the country. The “Mothers in
Distress” programme, which is currently being implemented by the National Social
Security Institute, was welcomed, but participants lamented the fact that laws and
other instruments dealing with women’s rights, such as the Family Law, were not
sufficiently publicised and recommended that more efforts be made to correct this
situation. Participants unanimously welcomed the fact that widows did not have
problems in Sao Tome and Principe. Violence against women and polygamy are
however common practices in the country and were unanimously condemned.
March 19 2004:
•
Audience with H.E. Dr. Carlos Graça, Speaker of Parliament, in the presence of his Director
of Cabinet, Mr. Francisco Josa do Nascimentto
159.This meeting was somewhat shortened because the delegation had just been
informed at very short notice by Prime Minister’s office that the Prime Minister was
prepared to meet them. The Speaker of Parliament began by saying that Sao Tome
was a State governed by law, which respects human rights and is fighting against
poverty. The distinguished Speaker indicated that Parliament had control over the
executive in the implementation of development programmes, and that it also carried
out research on various issues, including human rights. He however complained
about the frequent ministerial reshuffles and transfers of civil servants and senior
officials, which seriously affect the country’s development. The Speaker said that the
House had a Social affairs committee but that its functioning is hampered by
financial and material difficulties. The same problems apply to Parliament itself. This,
he said, has a serious impact on the main responsibility of the Parliament, which is in
the area of legislation and the ratification of international instruments.
160.Taking the floor, Commissioner Angela Melo introduced her delegation and stated
the objectives of her mission. She described the composition of the ACHPR and
spoke in detail about its activities, including the function of the special mechanisms
and the role of the ACHPR’s secretariat. The Commissioner touched on the
meetings that she had already held with personalities from all sectors during this
mission and recalled the role to be played by all in promoting and protecting human
rights.
161.Mrs. Melo particularly indicated how happy she was to be meeting with the Speaker
of Parliament, because of the important role that the national representation plays in
the ratification and implementation of regional and international instruments. She
referred to the instruments that are yet to be ratified by Sao Tome, that is, the
Protocol on the African Court and the Protocol relating to the Rights of Women in
Africa, as well as the African Charter on the Rights and Welfare of the Child. The
Commissioner went on to recall the obligations placed upon Sao Tome and Principe,
especially under article 62 of the Charter, relating to States’ reports. She urged
27
Parliament to rapidly draw the attention of the Executive to the need to ratify these
instruments and implement them diligently.
162.Mrs. Melo detailed the advantages of the process of presenting reports to the
ACHPR, indicating that this allowed States to explain to the African Commission
and to all other parties at the sessions, the efforts that were being deployed by
government and other State bodies to give effect to the provisions of the African
Charter. They could also request assistance to improve their performance. The
Commissioner emphasised the fact that the nine reports in arrears of Sao Tome and
Principe could be combined into a single report, which she urged the representatives
of government to come and present to the Commission as soon as possible.
163.Mrs. Melo also expressed the hope that laws, conventions and other legislative texts
would be disseminated broadly within the population to provide information and
make people aware of the means of recourse available to them. She suggested that
Parliament envisage the possibility of passing a specific law on violence against
women in the country.
164.Taking the floor, the Director of Cabinet, Mr. Francisco Josa do Nascimentto, stated
that respect of human rights was a reality in Sao Tome and Principe, in spite of the
fact that the State had not yet presented reports to the la ACHPR. He paid tribute to
the freedom of expression that exists in the country and added that fair and
transparent elections have been organised regularly in Sao Tome and Principe. He
said that political change is not an empty phrase in the country, whether it is applied
to the Executive or to Parliament. He however deplored the absence of a specific
structure in charge of human rights in both branches of power and indicated that it
was time to envisage the creation of such a body.
•
Audience with H.E. Mrs. Maria das Neves Ceita Batista de Souza, Prime Minister
165.Commissioner Melo expressed her deep joy and satisfaction and said she was
honoured to be received by H.E. the Prime Minister. She introduced her delegation
and stated the objectives of her mission to the Democratic Republic of Sao Tome
and Principe, which was being carried out in her dual capacity as Commissioner and
as Special Rapporteur on the Rights of Women in Africa. The Commissioner also
provided detailed explanations about the African Charter, the African Commission
and the mechanism of Special Rapporteurs. Given the very busy schedule of the
Prime Minister, Commissioner Melo focused her remarks on specific issues.
166.Situation of women’s rights: Mrs. Melo stated that she was pleased to note that
women occupy so many prestigious positions of responsibility. She however
lamented the fact that poverty affects so many women. The Commissioner further
informed the honourable Prime Minister that throughout her mission, she had not
seen any government plan of action for the promotion and protection of human
rights and women’s rights. She indicated that such a document would be helpful in
enabling government to design, implement and subsequently evaluate sustained
activities. Speaking on the issue of affirmative action for women, Mrs. Melo stated
that care must be taken to ensure that such a policy would produce positive effects
and not lead to setting up a system of favouritism that would be detrimental to the
State and to the development of the country.
28
167.Commissioner Melo also touched upon the issue of poverty, which affects mainly
women, and asked if any concrete action was envisaged to remedy this situation.
Mrs. Melo referred to the disquieting issue of violence against women, as well as the
question of social security and coverage for women who are heads of the family. She
asked that projects in these areas be implemented diligently. The Commissioner also
made a plea in favour of regular monitoring of human rights programmes and
conventions, which should focus on the priority areas for Sao Tome and Principe.
168.Mrs. Melo expressed her satisfaction with the drafting of a specific programme for
women and with the existence of a National Women’s Forum. She encouraged the
setting up of sustainable programmes for women, and the adoption of specific
legislation on violence against women, which would impose sanctions, but would
also comprise a policy to bring about a change in mentalities.
169.The Commissioner however deplored the fact that NGOs were often not aware of
government initiatives in the area of human rights. This is due to a lack of
dissemination of information about such measures. She therefore suggested that civil
society be fully informed and involved in the government’s development initiatives
in order for these to have greater impact on the population.
170.Referring to the expected reforms in various areas including justice, Mrs. Melo
reminded H.E the Prime Minister that Sao Tome and Principe had still not ratified
certain human rights instruments. These are the Protocol on the African Court and
the Protocol relating to the Rights of Women in Africa, as well as the African
Charter on the Rights and Welfare of the Child.
171.Mrs. Melo further noted that Sao Tome and Principe had never participated in any
of the sessions of the ACHPR, and asked the State to begin to send delegates to the
sessions and encourage NGOs to do the same, in order to maintain the contact
between them and the Commission. This would enable the required dialogue in
favour of human rights.
172.The Commissioner specifically referred to the obligations placed upon Sao Tome
and Principe as a State party to the African Charter, and emphasised the need for the
country to present the nine reports in arrears to the ACHPR. She indicated that her
delegation had already provided the Ministries of Justice and Foreign Affairs with the
guidelines of the African Commission for the preparation of States’ reports.
173.In response, H.E. the Prime Minister thanked the ACHPR delegation for the
mission and stated that the promotion and protection of women’s rights were well
underway in the country. She said that these would be pursued in a more systematic
and sustained manner. She stated that she was unaware that Sao Tome and Principe
had reports in arrears to be presented to the ACHPR, and promised to take the
necessary measures to remedy this situation as soon as possible. The Prime Minister
went on to state that she was pleased to be meeting a female Commissioner. She said
that where the participation of women in public affairs was concerned, there had
been positive developments in Sao Tome and Principe, as illustrated by the
confidence shown in the various women who hold positions of responsibility. She
recognised that violence against women was a problem and said that measures would
be taken to combat this and raise awareness about the issue in order to remedy the
situation.
29
174.The Prime Minister recalled that she was the President of the Association of Women
Parliamentarians and Ministers of Sao Tome, and raised the issue of HIV/AIDS,
which affects many women in the country. She said that her government was doing
its best to educate the population and control the disease, even though
contamination rates and prevalence of the disease are still relatively low. She said that
the Women’s Office was a temporary structure managed by the Office of the Prime
Minister and that a permanent body with a specific mandate in favour of women in
Sao Tome was being set up.
175.H.E. the Prime Minister emphasised the fact that political stability was required in
order to have good management of all affairs. The frequent changes in ministerial
appointments have however created political instability, with rather worrying
consequences. Indeed, over the past ten years, the country had had ten Ministers of
Finance and 12 Prime Ministers. She however reiterated her commitment to ensuring
that the necessary measures would be taken to submit the pending reports to the
ACHPR.
176.Referring to the recent discovery of oil in Sao Tome and Principe, H.E. the Prime
Minister indicated this was a situation that could be highly beneficial to the country,
but could also be a source of conflict, thus endangering the national unity and
reconciliation, if the yield was not well managed. She encouraged the Commissioner
to maintain the contact with Sao Tome and Principe in order to continue to monitor
issues of common interest. In answer to the request by Mrs. Melo, she promised to
transmit a copy of the government’s Economic Programme, which includes a fiveyear financial strategy through the national budget, aimed at reducing poverty of
women in distress.
•
Meeting with Mrs. Lalao Ramanarivo-Raharisoa, Deputy Resident Representative of UNDP
in Sao Tome and Principe, and Mr. Antonio Vegas, Assistant to the Resident Representative.
177.Mrs. Melo informed the representatives of the content of the African Charter and
spoke about the functions of the Commission, as well as the activities carried out by
Commissioners and Special Rapporteurs, which are activities for the promotion and
protection of human and peoples’ rights on the African continent. The
Commissioner indicated that she was carrying out her mission to Sao Tome and
Principe in her capacity as commissioner in charge of promotional activities in that
country, and also as the Special Rapporteur on the Rights of Women in Africa. She
described the system of communications received by the Commission and
commented on the scope of decisions adopted after consideration of such
communications citing violations of human rights.
178.The Commissioner also provided information about the process of considering
reports and indicated that Sao Tome and Principe had nine reports to present to the
ACHPR, stating that the reports could be combined into a single report.
30
179.Touching on the financial difficulties facing the country, which mainly affect women,
the Special Rapporteur asked what action the UNDP was taking to fight against
poverty in general, and to promote and protect the rights of women.
180.Mrs. Melo informed the representatives of the most recent developments in the
setting up of an African Court on Human and Peoples’ Rights and asked the UNDP
to consider the possibility of funding the participation of the government and NGOs
in the meetings of regional and international organisations, in particular those within
the African system of human and peoples’ rights.
181.Taking the floor in the absence of Mrs. Lalao Ramanarivo-Raharisoa who had had to
leave the meeting to deal with an emergency, Mr. Antonio Vegas described the three
areas of intervention of the UNDP in Sao Tome and Principe. He underlined the
Programme 2002-2006, which focuses on governance, the fight against poverty, and
protection of the environment. He also spoke about the assistance provided to the
government in drafting legislation to ensure the monitoring and rational distribution
of resources derived from oil exploration, through the creation of a Court of
Accounts.
182.Finally, he spoke about local governance and poverty reduction, as well as the
specific five-year empowerment project that is targeted at young women aged
between 15 and 25 years. The project has been in operation for two years. He also
indicated that at the end of 2003, the government approved a local governance
programme for a period of three to five years, aimed at reducing poverty by
enhancing the capacities of local NGOs to enable them to work with local
communities to identify specific activities for local development. This project is
being implemented with the Federation of NGOs of Sao Tome and Principe
(FONG).
183.Since 1987, therefore, UNDP has been involved in assisting the country to combat
poverty. 58.3% of the population, most of them women, lives below the poverty
threshold, according to the report of a study co-financed by UNDP and the ADB,
entitled The profile of Poverty. Three projects have so far been carried out or are ongoing, with relatively satisfactory results. The first General Report on human
development in Sao Tome and Principe was published in 1989, and the second
report, entitled Change is now being drafted.
184.In answer to the specific question as to whether UNDP could finance the
participation of government and NGOs to regional meetings such as the sessions of
the ACHPR, Mr. Antonio Vegas indicated that in principle, UNDP funds are
allocated directly to projects by partner NGOs that are linked to rural communities.
It is therefore difficult to derogate from this rule, even though human rights are
important for the UNDP. He promised to bring the question to the attention of the
Resident Representative, who might consider the possibility of having recourse to
other resources. Mrs. Melo encouraged him to do so.
VI-
OBSERVATIONS AND AREAS OF CONCERN:
31
185.During the mission to the Democratic Republic of Sao Tome and Principe, the
delegation of the ACHPR met with various government authorities, including H.E.
the Prime Minister, and the Speaker of the Sao Tome and Principe parliament. The
delegation also held discussions with officials of human rights NGOs and
representatives of United Nations agencies. Concerning site tours, the delegation
visited the Sao Tome prison.
186.From the discussions and the observations made throughout the mission,
Commissioner Angela Melo was able draw an initial partial picture of the human
rights situation and particularly of the situation of women’s rights in Sao Tome and
Principe.
A. General situation of human rights:
187.The general situation of human rights in Sao Tome and Principe is relatively good, in
particular where civil and political rights are concerned.
188.On the other hand, the enjoyment of social and economic rights is seriously
hampered by the difficult economic situation of the country over the past few years.
The authorities cite this situation as the reason for a state of affairs that they are
nevertheless striving hard to correct. It is to be hoped that the recent discovery of oil
in the country will bring in the precious resources that are required in order to find
an effective and sustainable solution to the situation.
189.The non-existence of a Ministry in charge of human rights probably explains the
absence of initiatives in this area and the lack of a process to ensure the ratification
and implementation of numerous human rights instruments.
B. Situation of women’s rights:
190. The situation of women’s rights is similar to the general situation of human rights.
The delegation however noted that women occupy certain very prestigious positions,
which is a step towards empowering women and ensuring their emancipation. The
delegation also noted that Female Genital Mutilation is not practiced in Sao Tome
and Principe.
191.Nevertheless, Sao Tomean women are subject to certain harmful practices such as
violence on the part of men. In the area of education, when a choice is to be made
about allocating resource for the continuation of studies, this choice is often made in
favour of the boy child, to the detriment of girls. In addition, the serious economic
difficulties of the country have a greater impact on women, who are often the pillar
of the family.
192.The practice of young girls engaging in prostitution in order to procure funds for
their needs is of concern and is an illustration of the inability of parents to effectively
play their role, due to their limited or inexistent resources.
193.Regrettably, there is no permanent structure for the promotion and protection of
women’s rights in Sao Tome and Principe.
32
V-
CONCLUSION:
194. The mission by Commissioner Angela Melo to the Democratic Republic of Sao
Tome and Principe only lasted five days. The delegation of the mission was also
unable to visit the island of Principe. Nevertheless, at the end of the mission, the
delegation was able to draw a number of conclusions based on the contacts it had
had with various personalities on the island of Sao Tome.
195.It must be recalled once again that Commissioner Angela Melo carried out this
mission to Sao Tome and Principe in her dual capacity as Commissioner and as
Special Rapporteur on the Rights of Women in Africa.
196.The mission by Commissioner Angela Melo enabled several government authorities
and members of human rights NGOs to obtain firsthand knowledge and
information about the ACHPR and its functions and activities. The Commissioner
also provided information about the system of Special Rapporteurs of the ACHPR,
in particular the system of the Special Rapporteur on the Rights of Women in Africa.
197.The general human rights situation in Sao Tome and Principe is characterised by the
fact that the State encounters serious difficulties in implementing the rights
guaranteed by the constitution, especially economic and social rights. The authorities
cite as the cause the economic difficulties facing the country. It appears, however,
that the too frequent changes of government have also largely affected the effective
implementation and monitoring of government programmes in several areas,
including human rights.
198.A lot still remains to be done to promote and protect human rights in general and
women’s rights in particular.
199.Overall, it is hoped that this mission will have made it possible to establish contact
with Sao Tome and Principe. The authorities of the country are now aware of their
obligations towards the African Charter. NGOs and other interested partners can
also now take advantage of the existence of the ACHPR and participate actively in its
activities. The mission would therefore make the following concrete
recommendations to all parties, to ensure better promotion and protection of
women’s rights in the Democratic Republic of Sao Tome and Principe.
VI-
RECOMMENDATIONS:
200.To the government of the Democratic Republic of Sao Tome and Principe:
•
Intensify efforts aimed at mobilising the required resources for the
sustainable implementation of the rights enshrined in the African
Charter on Human and Peoples’ Rights in the country, while according
priority to women’s rights as it is obvious that women bear the heaviest
burden in the current situation.
33
•
Continue, in partnership with NGOs and other interested parties, to
educated the population, particularly women, on the means of
preventing Sexually Transmitted Infections (STIs), in particular
HIV/AIDS, and envisage the ways and means of providing medical and
social care to people affected by these diseases.
•
Facilitate the work of NGOs and various human rights associations and
involve them closely in the design, implementation and monitoring of
government programmes for the protection and promotion of human
rights.
•
Participate and encourage the participation of human rights NGOs from
Sao Tome, in the activities of the African Commission.
•
Comply with the obligations of Sao Tome and Principe under the terms
of regional and international conventions to which it is a party, in
particular the African Charter on Human and Peoples’ Rights, by
submitting and presenting its initial report, combining the other periodic
reports that have been pending since 1988.
•
Rapidly envisage the setting up of a National Human Rights Institute in
accordance with the Paris principles, and provide it with the means to
carry out its mandate.
•
Ensure the creation of permanent structures and conditions for
providing legal assistance to the poor, and mobilise resources to improve
the conditions of detention in Sao Tome and Principe.
•
Strengthen the promotion and protection of women’s rights by setting
up a permanent structure for this purpose.
•
Fight against the stereotypes and other practices and beliefs that are
unfavourable to women, by educating the population on such matters.
201.To NGOs and other parties involved in human rights issues:
•
Work more closely with government in the area of ratifying and
implementing international human rights instruments, and participate actively
in all programmes in this area.
•
Seek all the possible sources of funding for their activities and in particular
their active and sustained participation in the sessions of the ACHPR.
•
Encourage and assist the government to give effect to the provisions of the
African Charter on Human and Peoples’ Rights, in particular its article 62.
34
•
Continue to educate the population, in particular women, on their rights and
the means of protecting those rights
•
Send information regularly to the ACHPR, on developments in the human
rights situation in the Democratic Republic of Sao Tome and Principe,
indicating both the progress made and the areas of concern.
Annexe:
Surnames, first names and addresses of participants at the meeting held on
18/03/2003 at the Headquarters of the Federation of NGOs of Sao Tome and
Principe
1. Tomé Santos (Federation of Sao Tomean NGOs)
Email: sinsantos@yahoo.com; Telephone: 239 904465
2. Fernando Valera (Federation of Sao Tomean NGOs)
Telephone: 239221336
3. Tiziano Pizoni (ALISEI NGO)
CP 486 STP: Telephone: 239 908737/223346
4. Alexandrina Pascal (Federation of Sao Tomean NGOs)
CP 134 STP: Tel: 905090, Email: tomevcruz@cstome.ent
5. Zatona Adil (Federation of Sao Tomean NGOs)
6. Elsa Lomba(Permanent Secretariat, Federation of Sao Tomean NGOs)
Tel: 903470
35