U.S. Department of State Country Report on Human Rights Practices 1995 - Sao Tome and Principe
|Publisher||United States Department of State|
|Publication Date||30 January 1996|
|Cite as||United States Department of State, U.S. Department of State Country Report on Human Rights Practices 1995 - Sao Tome and Principe, 30 January 1996, available at: http://www.refworld.org/docid/3ae6aa8b38.html [accessed 28 November 2015]|
Respect for Human Rights
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial KillingIn August military officers seized the presidential palace and killed a guard who sought to stop them. In the settlement restoring civilian rule, the National Assembly passed an amnesty sheltering the officers involved from prosecution.
b. DisappearanceThere were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or DegradingTreatment or Punishment The Constitution prohibits torture or cruel and inhuman punishment. There were no reports of violations such as beatings or other cruel treatment during arrests or interrogations. Prison conditions are harsh but not life threatening. While there is no indication that human rights monitors have requested permission to make prison visits, it is believed the Government would permit such visits if requested.
d. Arbitrary Arrest, Detention, or ExileThe Constitution provides for procedural protections in case of detention. The President was held hostage for a week by the military but was released after mediation by the Angolan Foreign Minister. There was no evidence of any other arbitrary arrest or detention. Exile is not used as a punishment, and all those exiled under the one-party regime of 1975-1990 are free to return.
e. Denial of Fair Public TrialThe Constitution provides for an independent judiciary, and the judiciary has returned verdicts against both the President and the Government. The legal system is based on Portuguese law and customary law, with the Supreme Court at the apex. The Government has important appointive and other judicial powers, including setting salaries for judges and all ministerial employees in accordance with standard government salary guidelines. Government salaries are extremely low, and the authorities are concerned that judges may be tempted to accept bribes. The authorities maintain that they continue to respect the independence of the judiciary. The Constitution provides for the right to fair public trial, the right of appeal, and the right to legal representation. In practice, however, the judicial infrastructure suffers from severe budgetary constraints, inadequate facilities, and a shortage of trained judges and lawyers, causing long delays in bringing cases to court and greatly hindering investigations in criminal cases. There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, orCorrespondence The Constitution provides for the integrity of the person and the right to privacy of home, correspondence, and private communication. The Government does not engage in intrusive practices, such as surveillance of people or the monitoring of communications. The judicial police are responsible for criminal investigations and must obtain authorization from the Ministry of Justice to conduct searches.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and PressThe Constitution provides for freedom of expression and freedom of the press, and the Government generally respects these rights in practice. One government-run and four independent newspapers have published in the past; none appeared in 1995 due to financial constraints and to the lack of printing facilities. Television and radio are state operated. While there are no independent local stations, there are no laws forbidding them. The Voice of America and Radio France International are rebroadcast locally. The law grants all opposition parties access to the state-run media, including a minimum of 3 minutes per month on television. All parties freely distribute newsletters and press releases giving their views and criticizing the Government, the President, and one another. There were no reports of government censorship or threats of censorship from any group, nor any reports of efforts by national security forces to suppress criticism. During the short military intervention in August, national television and radio carried no reporting on the domestic political situation except for press conferences given by the military. International telecommunications continued to function normally. Subsequently, the Government invited Cable News Network to visit the country to prepare a report on the event.
b. Freedom of Peaceful Assembly and AssociationThe Constitution provides for these rights, and the Government respects them in practice. The Government requires that requests for authorization of large-scale events be filed 48 hours in advance and usually grants the appropriate permits.
c. Freedom of ReligionThe Constitution provides for religious freedom, and the Government respects this right in practice. There are no restrictions on the activities of foreign clergy.
d. Freedom of Movement Within the Country, ForeignTravel, Emigration, and Repatriation Under the Constitution and in practice, citizens have the right to move freely within the country, to travel abroad, and to emigrate and return. The Government has traditionally welcomed those seeking refuge or asylum.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their GovernmentCitizens exercised this right for the first time in free and fair presidential and legislative elections in 1991 and again in the legislative elections of October 1994. These elections resulted in the peaceful transfer of power between political party coalitions. Each of the three principal political parties has significant representation in the unicameral National Assembly. Elections are by secret ballot on the basis of universal suffrage for citizens 18 years of age or older. The Constitution provides for the election of the President, who as Head of State names the Prime Minister. The Prime Minister appoints members of the Government. Following restoration of constitutional government after the August coup attempt, the President asserted that "political forces" had sought to take advantage of the military. He declined to name any persons or parties in this regard. Presidential elections are scheduled for 1996. There are no restrictions in law or in practice on the participation of women in politics. However, women are underrepresented in the legislature. They currently hold 3 of the 55 seats in the National Assembly, and there are no women in the Cabinet. A woman elected in December to chair a major opposition party declared herself an independent candidate for the presidential election in 1996.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsA small number of local human rights groups have formed since 1991 and operate without restriction or governmental interference. There were no known requests by international human rights groups to visit the country.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social StatusThe Constitution provides for the equality of all citizens regardless of sex, race, racial origin, political tendency, creed, or philosophic conviction. However, the Government has not sought actively to enforce these provisions.
WomenWhile the extent of the problem is unknown, violence against women occurs, and medical professionals and officials report firsthand experience in dealing with violence, including rape. They also report that although women have the right to legal recourse--including against spouses--many are reluctant to bring a complaint or are ignorant of their rights under the law. Traditional beliefs and practices also inhibit women from taking domestic disputes outside the family. While the Constitution stipulates that women and men have equal political, economic, and social rights, and while many women do have access to opportunities in education, business, and government, in practice women still encounter significant societal discrimination. Traditional beliefs concerning the division of labor between men and women leave women with much of the hard work in agriculture, with most child-rearing responsibilities, and with less access to education and to the professions. Female literacy is approximately 62 percent (compared to male literacy of 85 percent).
ChildrenA number of government and donor-funded programs have been established to improve conditions for children. There has been improvement in maternity and infant care, in nutrition, and in access to basic health services, especially in urban areas. Mistreatment of children is not widespread.
People With DisabilitiesThe law does not mandate arrangements to provide access to buildings, transportation, or services for persons with disabilities.
Section 6 Worker Rights
a. The Right of AssociationThe Constitution provides for freedom of association and the right to strike. Few unions exist in the very small modern wage sector. One confederation, the Independent Union Federation, has been attempting to organize workers on the large state-owned plantations, but it has met with only limited success. Independent cooperatives, on the other hand, have taken advantage of the government land distribution program to attract workers and in many cases significantly to improve production and incomes. Public sector employees still comprise the great majority of wage earners. Government employees and other essential workers are allowed to strike and did so repeatedly. There are no laws or regulations prohibiting employers from retaliating against strikers. There are no restrictions barring trade unions from joining federations or affiliating with international bodies.
b. The Right to Organize and Bargain CollectivelyThe Constitution provides that workers may organize and bargain collectively. However, due to its role as the principal employer in the wage sector, the Government remains the key interlocutor for labor on all matters, including wages. There are no laws prohibiting antiunion discrimination. There are no export processing zones.
c. Prohibition of Forced or Compulsory LaborThe law prohibits forced or compulsory labor, and such labor is not practiced.
d. Minimum Age for Employment of ChildrenEmployers in the modern wage sector generally respect the legally mandated minimum employment age of 18 years. The Ministry of Justice and Labor is responsible for enforcing this law. In subsistence agriculture, on plantations, and in informal commerce, children do work, sometimes from an early age.
e. Acceptable Conditions of WorkWorking conditions on many of the state-owned plantations--the biggest wage employment sector--border on the medieval. There is no legally mandated minimum wage. The average salary for plantation workers does not permit a decent standard of living, and its real value is constantly eroded by high rates of inflation. In principle, workers are provided free (but inadequate) housing, rudimentary education, and health care, as well as the privilege of reduced prices and credit at the "company store." These arrangements are intended to subsidize food and clothing. Corruption is an everyday fact, however, and international lending institutions have criticized the Government for ineffective administration of these subsidies. Workers are often forced to pay higher prices on the parallel market to obtain the goods theoretically provided at a discount as part of their compensation. The legal workweek is 40 hours with 48 consecutive hours mandated for a rest period, a norm respected in the modern wage sector. The Social Security Law of 1979 prescribes basic occupational health and safety standards. Inspectors from the Ministry of Justice and Labor are responsible for enforcement of these standards, but their efforts are ineffective. Employees have the right under the law to leave unsafe working conditions.
* There is no U.S. Embassy in Sao Tome and Principe. Information available on the human rights situation is limited.