São Tomé and Príncipe

In the Gulf of Guinea, off the western equatorial coast of Central Africa, the nation is a former Portuguese colony comprising two islands and several islets, which gained independence in 1975.

There are around 220,372 inhabitants of São Tomé and Príncipe. It is estimated that 56% are Catholics, 12% are Protestants, and 2% are Muslims. Accounting for 21% of the population the non-religious are the second largest religion or belief group.[ref]https://www.cia.gov/the-world-factbook/countries/sao-tome-and-principe/#people-and-society[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Free and Equal

Constitution and government

The Constitution of São Tomé and Príncipe[ref]https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003[/ref] guarantees freedom of conscience, religion and worship (Article 27). The Constitution expressly emphasizes that all rights should be interpreted in sympathy with the Universal Declaration of Human Rights.

Article 8 explicitly stipulates that São Tomé and Príncipe is a secular state and that all religious institutions are separated from state institutions.

Article 265 criminalizes “religious coercion” defined as coercing someone to participate or not to participate in religious worship, providing for up to six months imprisonment.[ref]https://database.ilga.org/api/downloader/download/1/ST%20-%20LEG%20-%20Penal%20Code%20(2012)%20-%20OR-OFF(pt).pdf[/ref]

Religious groups have to register with the government. The registration process does not appear to be onerous or obstructive. Registered religious groups receive the same benefits, such as tax exemptions, as registered nonprofit organizations.[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/sao-tome-and-principe/[/ref]

Education and children’s rights

According to Article 31(2) of the Constitution, “The State may not reserve for itself the right to plan education and culture according to any philosophical, political, ideological or religious policies.”

According to the US State Department’s 2021 Report on International Religious Freedom,[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/sao-tome-and-principe/[/ref]

“Religious education exists in the official curriculum but is not required. There were no reports of religious education being provided in public schools. There are two schools run by religious groups, one Catholic and the other Seventh-day Adventist. The Ministry of Education provides oversight on the curricula of religious schools, and both schools are open to church members and nonmembers. They provide a general education, as well as a religious education.”

There are no reported issues with religious schools or religion in schools.

Family, community and society

According to the Encyclopaedia Britannica,[ref]https://www.britannica.com/place/Sao-Tome-and-Principe/Government-and-society[/ref] São Tomé and Príncipe “has a homogeneous creole culture, profoundly marked by centuries of blending elements of the dominant Roman Catholic Portuguese culture with various African influences.” It notes that despite over 500 years of Roman Catholicism, “local practices have been restricted largely to baptism and a few rites, such as processions and funerals. Various traditional African practices and beliefs have always coexisted with Roman Catholicism.”

Witchcraft-related persecution

Reports indicate that witchcraft-related persecution occurs on the archipelago, particularly against the elderly – the majority of whom are women – who are accused of witchcraft (or “fitxicêlu” in Forro).[ref]https://www.telanon.info/sociedade/2017/01/02/23523/fitxicelu-um-documentario-de-sao-deus-lima/; http://www.africaeafricanidades.com.br/documentos/0100112019.pdf; https://www.publico.pt/2018/10/14/mundo/reportagem/o-ultimo-dos-roceiros-1847076 ; https://www.berghahnbooks.com/downloads/intros/AdinkrahWitchcraft_intro.pdf[/ref]

In a case reported in 2017, a 50-year-old woman was killed by a cousin after a traditional healer had explained that the reason for their sickness was witchcraft in the family.[ref]https://www.stp-press.st/2017/05/16/prima-mata-prima-acusada-de-bruxaria/[/ref]

Research has suggested that the issue is exacerbated by a growing young population and economic factors.[ref]https://www.publico.pt/2018/10/14/mundo/reportagem/o-ultimo-dos-roceiros-1847076; https://www.tsf.pt/internacional/cabelos-brancos-e-feiticaria-os-idosos-abandonados-de-sao-tome-9692460.html[/ref]

Sexual health and reproductive rights

According to the US State Department in 2021,[ref]https://ga.usembassy.gov/wp-content/uploads/sites/217/saotomehumanrightsreport2021.pdf[/ref]

“The government encouraged the use of contraception and family planning, but sociocultural barriers affected the use of family planning. There were reports that some men prevented their partners from using contraceptives, sometimes through intimidation.”

Humanists International could not find further information on the origins of the sociocultural barriers that affect access and use of family planning services.

LGBTI+ rights

According to the US State Department,[ref]https://ga.usembassy.gov/wp-content/uploads/sites/217/saotomehumanrightsreport2021.pdf[/ref]

“The law does not criminalize consensual same-sex sexual conduct. Anti discrimination laws do not explicitly extend protections to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons based on their sexual orientation, gender identity, or sex characteristics. There were occasional reports of societal discrimination, primarily rejection by family and friends, based on an individual’s LGBTQI+ status. While there were no official impediments, LGBTQI+ organizations did not exist.”

Gay marriage remains unrecognized.[ref]https://www.equaldex.com/region/sao-tome-and-principe[/ref]

Freedom of expression, advocacy of humanist values

According to Freedom House,[ref]https://freedomhouse.org/country/sao-tome-and-principe/freedom-world/2023[/ref]

“Freedom of the press is constitutionally guaranteed and largely respected in practice. Public media convey opposition views and grant some access to opposition leaders, but only a handful of private outlets are available, and a degree of self-censorship is reported at both public and private outlets. The public television, radio, and wire outlets are under the prime minister’s office.[…]There are no restrictions on freedom of expression, which is constitutionally guaranteed. The government is not known to engage in improper surveillance of personal communications or monitoring of online content. Social media is used to express private and political opinions.”

Blasphemy

According to the US State Department, blasphemy, libel, and slander are treated as criminal offenses. In 2021, it said, “There were no cases of persons being arrested for or charged with libel or slander during the year. While blasphemy cases were alleged during past years, they were dismissed due to insufficient evidence.”[ref]https://ga.usembassy.gov/wp-content/uploads/sites/217/saotomehumanrightsreport2021.pdf[/ref]

According to Article 264 of the Penal Code (as revised in 2012),[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/95154/111930/F-134767008/STP95154.pdf[/ref] anyone who “publicly mocks or offends another in such a way as to disturb public peace, on account of their beliefs or religious functions” may face up to one year in prison or a fine. The same penalty applies to those who publicly desecrate a place or object of religious veneration. Attempting to commit the above crimes is also a punishable offense. This law represents a de facto blasphemy law.

Further, under Article 267 of the Penal Code, “Whoever publicly mocks or vilifies an act of religious worship is punished with imprisonment of up to 1 year or a fine up to 100 days.”

The Penal Code also criminalizes the insults against a minister of any religion in the legitimate exercise of their ministry, penalties are those provided for under the “defamation” portion of the code multiplied by one-third.