São Tomé and Príncipe Legal System and Research

Gerhard Seibert graduated in Cultural Anthropology from Utrecht University, Netherlands, in 1991 and earned a PhD in Social Sciences at Leiden University, Netherlands in 1999. Until 2008, he was a post-doctorate fellow at the former Instituto de Investigação Científica Tropical (IICT), Lisbon, Portugal. From 2008-14, he was a researcher at the former African Studies Center at ISCTE–Instituto Universitário de Lisboa (CEA/ISCTE-IUL). From 2014-19, he was an associate professor at Universidade da Integração Internacional da Lusofonia Afro-Brasileira (UNILAB), Campus dos Malês, São Francisco do Conde, Bahia, Brazil. He has conducted research in Mozambique, Cabo Verde, São Tomé and Príncipe, and on Brazil-Africa relations. He authored book chapters, journal articles, and the book Comrades, Clients, and Cousins; Colonialism, Socialism and Democratization in São Tomé and Príncipe (Leiden: Brill 2006), widely considered the definitive volume on the recent history of this African island state; and The Wealth of History of the Small African Twin-Island State São Tomé and Príncipe (Newcastle upon Tyne: Cambridge Scholars Publishing, 2024). He is co-editor of Brazil-Africa Relations. Historical Dimensions and Contemporary Engagements (Woodbridge: James Currey, 2019). Currently, he collaborates with the postgraduate program PósAfro at the Centro de Estudos Afro-Orientais (CEAO) at Universidade Federal da Bahia (UFBA) in Salvador, Brazil and is a research associate at the Centro de Estudos Internacionais (CEI), at ISCTE-IUL, Portugal.

1. Country Profile

1.1. São Tomé and Príncipe in General

The hitherto uninhabited twin islands of São Tomé and Príncipe situated in the Gulf of Guinea were discovered by Portuguese navigators in the 1470’s.[1] Other islets compound this African archipelago.[2] During the almost 500-year colonial period, local production was consecutively based on the extensive culture of sugarcane, coffee, and cocoa,[3] and the roças (plantations) played an essential role in shaping the economy and society.[4] Their nearest country neighbors are Cameroon, Gabon, Nigeria, and Equatorial Guinea. São Tomé, the name given to the biggest island and the capital city, lies approximately 180 miles from the coast of Gabon and is crossed by the equator at its southern tip. Príncipe (Prince) island (and its islets), located 160 miles from the coast of Equatorial Guinea, is an autonomous region with a specific administrative-political statute, including a Regional Government and Regional Legislative Assembly. Principe Island’s capital is called Santo António. São Tomé has a land area of 330 square miles, and Príncipe has a land area of only forty-two square miles. São Tomé is divided into six administrative districts, namely Água Grande (capital is São Tomé city), Cantagalo (Santana), Caué (São João de Angolares), Lemba (Neves), Lobata (Guadalupe), and Me-Zóchi (Trindade).

The islands are volcanic in origin and rise to a height of 6,639 feet above sea level. In 2023, the total population was estimated to be 230,871 (World Bank), with a catholic majority.[5] Youth (ages 15-34) represent one-third of the population (2023). Since 2023, increasing numbers of young people have left the country in search of better opportunities, mostly for Portugal. The majority of Creoles, known as Forros, are descendants of early white settlers and manumitted African slaves of the 16th century. Angolares are descendants of African runaway slaves (maroons) of the 16th/17th centuries. Descendants of Cabo Verdean contract workers of the 20th century represent 8.5% of the population. The native majority Creole language is forro, while angolar and lunguié (spoken in Príncipe) are other native Creole languages spoken by 6.6% and 1.0% of the population, respectively. The official language is Portuguese. The local currency is called Dobra (STN), which is pegged to the Euro at a fixed rate of €1 = STN 24.50. São Tomé is located in the center of the Gulf of Guinea, where several major oil discoveries have been made over the last decades with potentially more to be made.[6] Since 1997, when São Tomé and Príncipe signed their first contract with a foreign oil company, it had been expected that the small country would become another African oil producer. However, so far, such hopes have been repeatedly frustrated, since commercially viable oil deposits have not yet been discovered. In recent years, the development of tourism, which in the mid-1990s replaced cocoa as the principal revenue earner, has been more successful. In 2018 and 2019, the country received 33,424 and 34,918 foreign visitors, respectively. Following a setback in tourist arrivals caused by the COVID-19 pandemic from 2020-22, the number of foreign visitors increased to 35,817 in 2023.

1.2. São Tomé and Príncipe’s Recent History

São Tomé and Principe is the second smallest African country after the Seychelles and was colonized by the Portuguese for five centuries. In the 16th century, the Portuguese established in the archipelago the first plantation economy in the tropics, based on a sugar monoculture and slave labor. In the second half of the 19th century, São Tome started producing coffee and cacao. After the abolition of slavery in 1875, the enslaved plantation workers were replaced by contract workers, mainly from Angola, Cabo Verde (from 1903), and Mozambique (1908). Particularly in the first decades of the contract regime, the labor and living conditions resembled those of slavery. Generally, the local islanders refused manual work in the plantations since they considered it slave work, beneath their status of free blacks. By the beginning of the 20th century, cacao became the principal export crop, and during a few years before World War I, the archipelago even was the number one exporter of cacao in the world. Following a political struggle against Portuguese domination for the independence of their territory from abroad, the Liberation Movement of São Tomé and Principe (MLSTP) that was created in 1972 in Malabo (Equatorial Guinea) was recognized as the sole political representative by the new Portuguese government after the Carnation Revolution of 25 April 1974. On 12 July 1975, the proclamation of national independence was made by Nuno Xavier Daniel Dias (1940-76),[7] who had been elected president of the Constituent Assembly on the eve of independence.[8] Constitutionally, São Tomé and Príncipe became a socialist one-party state based on the Soviet model, ruled by the MLSTP. Party leader Manuel Pinto da Costa (1937-) became the country’s first president. Due to political and economic failure, in 1990, the socialist regime was replaced by a multiparty democracy with a semi-presidential regime, modeled on the Portuguese example. Since 1991, legislative and presidential elections have been held regularly and repeatedly resulting in a peaceful change of government. In 2024, the Varieties of Democracy Institute classified São Tomé as an electoral democracy ranked 54th with a score of 0.56 among 179 countries. The Mo Ibrahim Index of African Governance 2024 ranked the country 12th with a score of 59.2 out of 54 African countries.

1.3. São Tomé and Principe Economy

São Tomé and Príncipe is a small impoverished country marked by abundant tropical vegetation, a beautiful mountainous landscape, and a peaceful Creole society. According to the World Bank, in 2023, the country had a GDP of $679 million (current US$). Despite its fragile economy and a persisting high poverty rate, in December 2024, the UN promoted São Tomé from the category of least developed country (LDC) to lower-middle income country (LMIC). The plantation economy that dominated the islands for centuries ceased to exist in the 1990s when former plantation lands were distributed to small farmers and local businesspeople. Services constitute about 81.5% of the GDP, while agriculture fisheries, and industry contribute 13.4% and 5.1% of GDP, respectively (2022). Besides economic areas that can be explored such as tourism, agriculture, and fisheries,[9] the oil industry still presents one of the greatest economic potentials, despite the sharp fall in oil prices and the failure to discover oil, at least so far. Only exploration drillings can demonstrate the existence of the archipelago’s commercially exploitable offshore oil. As human resources should be a major asset in a country that has a small population, additional investments are necessary to improve the local people’s professional skills and competencies to be able to work in a competitive environment in oil and gas, services, or tourism.

Nonetheless, the country faces additional challenges to modernize its bureaucracy and make its judiciary efficient to improve its business climate in an attempt to attract foreign private investments. So far, São Tomé and Príncipe is also a place where sometimes it is not easy to do business. In the World Bank’s last Doing Business study of 2020, São Tomé was ranked 170th out of 190 economies.

1.4. São Tomé as a Regional Gateway & Platform

São Tomé is a member of the United Nations (UN), the International Monetary Fund (IMF), the World Bank (WB), the African Development Bank (AfDB), the African Union (AU), the Economic Community of Central African States (CEEAC), the Gulf of Guinea Commission (GGC), and the Community of Portuguese-speaking countries (CPLP). Due to its privileged geographic location in the center of the Gulf of Guinea, there are claims that it would be able to act strategically as a regional gateway to Angola, Cameroon, Central African Republic, Republic of Congo, Democratic Republic of Congo, Gabon, Equatorial Guinea, Chad, and Nigeria.[10] It is almost three hours away by plane to the main cities of Central Africa and forty-eight hours by sea to the main ports in this region. In an optimistic broader picture, it could be seen as a strategic platform between other regions of the world. However, there have been doubts that the country has adequate human resources and organizational capacities to play such an ambitious regional role. Currently, São Tomé maintains a few air connections with neighboring African countries. Lisbon is its only regular intercontinental air connection.

2. Introduction to São Tomé and Príncipe’s Legal System

2.1. The Legal Institutions

After independence, Decree-law 26/79, dated 16 May, created the Organic Law on the Justice Ministry that included the draft of the Santomean judiciary institutions. According to the socialist regime at the time, revolutionary language defined the courts as having the responsibility to “repress the violation of the revolutionary legality and to elevate the legal and social conscience.” This diploma also announced the level of jurisdiction with the Supreme Court having the highest jurisdiction of the common judicial organization after the first and second levels of common courts. Three months later, Law 1/79, dated 11 July,[11] shaped the judiciary organization that still had an explicit vision to which extent the courts embodied the new socialist period the country was experiencing at that time. This new law stated that the courts were subordinated to the Popular National Assembly and that the Supreme Court had to present an annual report to the Popular National Assembly to provide statuses related to the judiciary’s work. After Law 2/83, dated 12 December, was published in the Official Gazette (Diário da República), a new law fashioning the Superior Court of Appeal comprised of administrative, tax, and customs jurisdictions. Following the democratic transition in 1990, the National Assembly adopted Law 8/91, dated 11 November, which was the base law for the judicial system that instigated a new-fangled legal and judicial system fine-tuning to the novel democratic constitutional context, including legal institutions like the Attorney General’s Office and Supreme Council of Judicial Magistrates that has competences of disciplinary action against judges who violated regulations. Currently, there are the following court categories: the Constitutional Court, the Supreme Justice Court, the Court of First Instance, the regional and district courts, and the Audit Court.[12]

The judiciary legal organization rules are reflected in Law 7/2007 which formed three judiciary regions, especially in the Água Grande Region, including Me-Zóchi, Lobata, Cantagalo and Caué districts, Lemba Region, and the Autonomous Region of Príncipe. This law upheld the two levels of jurisdiction.

In Article 20 of the constitution adopted in 1990 and revised in 2003, every person has the right to access the courts referred to in Articles 120 to 128 of its chapter VI in case any right is violated or for legal recognition of their rights regardless of their economic situation.

2.2. São Tomé’s Legal System

Overall, the São Tomé legal system belongs to the civil law tradition. Internal sources of law (see 2.2.1 below for a more comprehensive overview) are grounded in São Tomé customary laws, Portuguese formal civil law based on the Napoleonic Code of 1804, and codified regulations. In colonial times, Portuguese law applied in São Tomé, although traditional customary laws were, in some cases, tolerated or implicitly accepted. The democratic Constitution echoed in Law 1/2003 is the fundamental law of the country and all laws and regulations must not contradict the principles and laws they incorporated. Sections 1, 2, and 3 of Article 13 of the Constitution approved by Law 1/2003 enumerate the sources of international law, international customs, general principles of international law, and treaty law. The “rules and principles of general or common international law” produce legal effects in the Santomean legal order automatically, without being required any type of incorporation.

2.2.1. Internal Sources of São Tomean Law

Formal legislation molded in diverse ways–namely as laws, law decrees, decrees, regulations, regional decrees, and executive regional decrees–are the primary internal sources of law in São Tomé. Besides legislation, there are often general legal principles that rule in the different areas of the law. Customary Laws also play a role in certain matters, mostly to explain or go beyond the plain meaning, but only if not in contradiction with the formal laws (secundum legis).

Draft laws drawn up by the National Assembly members, parliamentary groups, or the government are sent to the President of the National Assembly. As provided in Article 70 of the Constitution, acts of parliament can take various external forms and names depending on the source and other legal criteria, e.g. constitutional revision laws, organic laws, basic laws, authorizations to legislate on a matter, resolutions, and laws concerning matters within the competence of the National Assembly.

After independence, São Tomé maintained many of the old colonial laws. To prevent disturbances and a legal void, it was guaranteed that Portuguese laws and rules at the time would remain valid until expressly revoked or revised, insofar as they did not go against the new São Tomé Constitution and the so-called socialist principles applied at the time.

We can then conclude that the São Tomé lawmakers have been taking over the Portuguese legal system as a model when shaping its own. But, despite the significant likenesses, today’s Portuguese and São Tomé legal systems are not entirely the same.

In the Portuguese Civil Code (approved by Decree-Law No 47344/66), dated 25 November 1966, that partly applies to São Tomé, we can find the principle of contractual freedom, bona fides, and civil liability for damages caused by the non-fulfillment of the agreement. The ruling law related to the Civil Procedures Law is still the Portuguese Civil Procedure Code specified in Decree Law 44 129, dated 28 December, and other extravagant or not codified Legislation.[13]

Administrative Law comprises diverse principles, namely the rule of law, prosecution of the public interest, proportionality, impartiality, probity, and respect for the public wealth.

The Criminal Law Code and Criminal Procedure Law Code mention the Nullum Crimen Sine Lege, (presumption of innocence), In Dubio Pro Reo, no retroactive application of criminal law, the principle of non-incrimination, and no penalty without proven guilt. The Portuguese Criminal Law was applied from 1886-2012. Only in 2012 did São Tomé adopt its own Criminal Law.

2.2.2. General Constitutional Provisions

The Fundamental Law of 1975 was approved by a joint meeting of the MLSTP Political Bureau and Popular National Assembly,[14] and it was amended in 1980,[15] 1982, 1987, and 1990 to usher in multi-party democracy. It was subsequently amended by Law 1/2003.[16]

There are a few essential articles from the Constitution. Article 1 of the Constitution establishes the Democratic Republic of São Tomé and Príncipe as a sovereign and independent state, pledged to the building of a free, just, and interdependent society; to the defense of the Rights of Man; and the active solidarity among all men and all peoples.

By Article 3, São Tomean citizens are all those born within the national territory, the children of a São Tomean father or mother, and those who may be considered such by law. Article 4 provides for what constitutes the “national territory.” Article 5 clearly states that the state of São Tome and Príncipe is a unitary state, without prejudice to the existence of local governments whose organization and competencies are defined in Articles 138 to 143. By Article 6, this unitary state is founded on democratic law and the fundamental rights of the human being. Article 7 clarifies that the rule of law implies the safeguard of justice and legality as fundamental values of collective life. Article 8 enshrines the separation of the state from religion. According to Article 12 of the Constitution, the Democratic Republic of São Tome and Príncipe proclaims its adherence to the Universal Declaration of the Rights of Man and its principles, as well as to the objectives of the African Union and the United Nations.

Article 17 of the Constitution protects the rights and integrity of foreigners. Foreigners and displaced persons who reside or stay in São Tomé and Príncipe enjoy the same rights and are subject to the same obligations as a São Tomean citizen, except insofar as are concerned political rights, the exercise of public office, and other rights and obligations expressly reserved by law for the national citizen.

2.2.3. Socio-Economic Rights and Duties Under the Constitution

Generally, since 1991, human rights in São Tome and Principe have been a relative success story. The 2024 Freedom of the World dataset classifies São Tomé and Príncipe as free. The nation’s aggregate score was 84, one point more than the US. By comparison, Sweden sits atop the report with an aggregate score of 99, while Equatorial Guinea (São Tomé and Príncipe’s closest neighbor) received an aggregate score of just 5 points (not free). São Tomé’s favorable human rights records were marred on 25 November 2022 when soldiers brutally killed four men detained earlier that day under suspicion of involvement in a frustrated assault on the barracks to heist arms.

The Constitution also provides for social rights and economic, social, and cultural order. Article 43 states that all workers have the right to form labor unions as a mechanism of enhancing their unity, defending their legitimate rights, and protecting their interests. Workers also have the right to strike within set limits of the applicable laws. Article 47 guarantees the right to private property as well as the right to transfer it during life or through death. This right extends to all—national citizens and foreigners alike. One unique aspect of the Constitution (Article 52) is that it requires the state to take special measures to protect children and does not place any undue emphasis on the parents vis-a-vis the state regarding the upbringing and development of children.[17] Article 53 of the Constitution states that “The youth especially young workers enjoy special protection to render effective their economic, social and cultural rights.”[18] Interpreted broadly, this provision imposes a duty on the state not only to project a wide range of socioeconomic rights of children but also in a manner that displays preferential treatment to children to accord wider protection to children’s socioeconomic rights. Given the state’s weak institutional capacities, it is not able to protect children and youth accordingly.

Article 48 reinforces the notion of responsible entrepreneurship by providing state oversight for the respect of the law by private enterprises and protection of the economically and socially viable small and medium enterprises. The state permits foreign investments provided they promote economic development. Instigated by the IMF, already in 1985, the country started to liberalize the then-nationalized economy, which was gradually privatized in the following years. Since 1987, the government has signed nine credit facility agreements with the IMF. The last agreement, a forty-month Extended Credit Facility (ECF) of $24 million was approved by the IMF Executive Board on 19 December 2024.

2.3. The Judiciary

The judiciary organization is referred to in the Constitution (Articles 120-133) and detailed in the current Basic Law of the Judicial System (Law 7/2010). The country is divided into three judicial regions, namely Água Grande (including Mé-Zóchi, Lobata, Cantagalo, and Caué districts), Lemba, and the Autonomous Region of Príncipe.

2.3.1. The Constitutional Court

The Constitutional Court (Tribunal Constitutional, Articles 131-134 of the Constitution) is in the upper position in the Judiciary Pyramid. It is responsible for the administration of justice in legal and constitutional matters, in terms of the Constitution and the law. The Constitutional Court also approves the final election results (Constitution Article 133). It is comprised of five judges. Constitutional Court judges are elected by the National Assembly for five-year terms. The president of the Constitutional Court is elected by its members.[19] Before January 2018 when the autonomous Constitutional Court was established, the Supreme Court with five judges also ruled on constitutional issues (Articles 156 and 157). The current president of the Constitutional Court is Roberto Raposo.

2.3.2. The Supreme Justice Court

This Court (Supremo Tribunal de Justiça, see Articles 126, section 1 item (a), and 127 of the Constitution…)[20] is the highest court of general jurisdiction and is responsible for jurisprudential harmony. Based in the city of São Tomé, its jurisdiction extends all over the national territory. There are two sections: one for civil, administrative, and fiscal matters and another one for criminal cases. The Supreme Court consists of eight judges, three in each section, one the inspector, and the President, as per Law 7/2010. The Supreme Court exercises original jurisdiction in several matters and jurisdiction over appeals emanating from first-instance court decisions in general in civil, family, labor, administrative, criminal, tax, and customs matters. The Supreme Court president is Manuel Silva Gomes Cravid.

2.3.3. The Ordinary Courts

Common courts play a pivotal role in the administration of justice. As mentioned in the Constitution in Article 120, Courts are independent sovereign bodies that administer justice on behalf of the people and provide decisions. They are responsible for “ensuring the defense of rights and interests of the citizens protected by law, ruling on conflicts of public or private interests, and repressing any violations of the rule of laws.” Courts shall be independent and impartial, and they are subject only to the Constitution and the law. Courts are comprised of judges with the responsibility to fittingly apply laws and regulations.[21],[22] Numerous matters will indicate which court will judge which case, namely criminal courts that appreciate criminal matters based on the Criminal Code and civil courts that are responsible for judging civil matters based on the Civil Code, among other courts.[23] Law 7/2010 recognized the possibility of creating criminal instruction, family and minors, labor, commerce, maritime, and sentenced execution courts. Pronouncements of these courts are largely subject to appeal to the Supreme Court if, within precise legal criteria, it is specified in the procedure laws effective in the country.

2.3.4. Military Court

In November 2023, a fifteen-member Military Court was established to judge crimes committed by members of the defense forces as defined by law. This court was established to try the soldiers accused of participation in the above-mentioned extrajudicial killings of 25 November 2022.

2.3.5. The Supreme Council of Judicial Magistrates

The Supreme Council of Judicial Magistrates (Conselho Superior de Magistrados Judiciais), established by law 14/2008 of 12 March, is the supreme body responsible for managing and disciplining judges. The five-member Council is largely instrumental in the appointment and evaluation of judges. More specifically, it is responsible for evaluating the professional ability of judges, taking disciplinary action against them, and ordering investigations, inspections, and inquiries. Its president is Manuel Silva Gomes Cravid.

2.3.6. The Court of Auditors

The Court of Auditors (Tribunal de Contas per Article 126, section 1 item (b) of the Constitution) is the supreme body accountable for supervising the legality of public finances and auditing public accounts. Its competencies and functioning are defined in laws 11 and 12/2019 dated 27 September that revoked previous legislation on the Audit Court adopted in 1999. Only in 2003 was this court established. In February 2018, the Court of Auditors’ new building was inaugurated. Currently, its President is Ricardo Costa Alegre.

São Tomé has been a part of the New York Convention since 18 February 2013 and part of the ICSID Convention since 19 June 2013.[24] It has an arbitration law (Arbitration Law n° 9/2006).

2.3.7. The Office of the Attorney General

The main duty of the Office of the Attorney General (Procuradoria-Geral da Republica) is to represent the state in steering criminal prosecutions as referred to in Law 9/91. It is supported by the Criminal Investigation Police (Polícia Judiciária) and Police of Public Security (Polícia de Segurança Pública). The Office of the Attorney General also must defend the legality of the exercise of judicial functions, oversee procedural regularity in courts, and defend the rights of individuals and corporations. Currently, Inald Kelve Nobre de Carvalho is the Attorney General.

2.3.8. The Public Prosecutor’s Office (Ministério Público)

The Public Prosecutor’s Office performs the judicial function of the State, and, as such, it is an essential body presided over by the Attorney General.[25] The Prosecutor’s Office is responsible for representing the state, children, the absent, and the incapable (Article 5, Law 13/2008). The Deputy Attorney Generals are in turn responsible for representing the Public Prosecutor’s Office before the Supreme Court. The Prosecutor’s Office is required by the Constitution and law to be accountable and autonomous, dictated by the principles of legality and objectivity.

2.3.9. The Supreme Council of the Public Prosecutor’s Office

The five-member Supreme Council of the Public Prosecutor’s Office (Conselho Superior do Ministério Público) superintends the management and regulation of public prosecutors. The council assesses, appoints, transfers, and promotes public prosecutors. Another responsibility of the council is taking disciplinary measures against public prosecutors guilty of misconduct.[26] The President of this council is Attorney General Inald Kelve Nobre de Carvalho.

2.3.10. Lawyers

There is a regulation that states the legal regime for those who are interested in submitting their application to the São Tomean Bar Association (OASTP, established in 2006)[27] as a practitioner lawyer. There are also other regulations associated with this legal profession. The President of the Bar Association is Hérman Costa.

3. The Separation of Powers

3.1. The President

The Constitution states that the President of the Republic is the Head of State and Commander-in-Chief of the Armed Forces. The President is elected by universal suffrage, serves a five-year term, and is eligible for a second consecutive term.[28] The last presidential election was held in 2021 when current President Carlos Vila Nova defeated his rival Guilherme Pósser da Costa in the runoff election. The President has the power to appoint and dismiss the Attorney-General of the Republic on the proposal of the Government.[29]

Before the constitutional revision of 2003 that became effective in 2006, the president could easily dismiss the government and dissolve the National Assembly. However, this revision considerably reduced the President’s executive powers. Now he can only dismiss the government and dissolve the National Assembly in extreme situations and only with the approval of the newly created Council of State.[30]

The President of the Republic has an advisory body named Conselho de Estado (Council of State) over which he presides. It was created as part of the constitutional revision of 2003. The Council of State has fifteen members, including the Prime Minister, the president of the National Assembly, and three former presidents. This body guides the President in particular situations of political decision-making (Articles 88 to 91 of the Constitution).

3.2. The Executive

According to the country’s semi-presidential system, the Prime Minister is the head of government. He is appointed by the President after having consulted the parties represented in the National Assembly and the election results. The government is responsible to both the President and the National Assembly.[31]

The government cabinet (Prime Minister and Ministers) is called the Conselho de Ministros (Council of Ministers).[32] The government’s competencies provided in the Constitution are exercised in the Council of Ministers.[33]

3.3. Legislative Branch

The National Assembly (Assembleia Nacional)[34] is a unicameral parliament with fifty-five seats. The parliamentarians are elected from closed lists by proportional representation of the seven electoral districts. São Toméans residents abroad can vote in the country’s embassies. Members are elected to serve four-year terms. The last legislative elections were held in September 2022. The National Assembly is São Tomé’s legislative body, having the power to approve laws on all matters (except those reserved by the Constitution to the Government), and the highest organ that represents the State, as referred to in Article 92 from the Constitution.[35] Each legislature comprises four legislative sessions of twelve months, starting on 15 October each year. National Assembly members, parliamentary groups, and the government hold the power to put forward all draft legislation.

The Government also has legislative powers, as far as law decrees, decrees, and other normative acts are concerned.[36] These are straightly and unambiguously set in the Constitution, or they may refer to law proposals submitted to the National Assembly. The President promulgates laws approved by the National Assembly and signs government decrees. The president can veto laws approved by the National Assembly. The latter must revise the vetoed law or can overrule the presidential veto with a two-thirds majority of votes. If the president refuses to sign a government decree, it is considered legally inexistent.

4. Investment Laws & Regulations of São Tomé

In 2013, the government established the Agência de Promoção de Comércio e Investimento (APCI) to assist interested foreign investors. The agency’s president is Alfredo da Bragança Trindade. It is known that investors tend to invest more in a country that has a friendly legal regime. The government of São Tomé has adopted several regulations that are intended to improve and attract foreign direct investment to the country. Some examples are:

• Decree-law No. 15 of 2016 (“the Tax Benefits Code”); and
• Decree-law No. 19 of 2016 (“the Investment Code”).[37]

4.1. The Tax Benefits Code

The Tax Benefits Code provides for incentives that have been authorized by the Investment Code. Certain incentives are conferred mechanically, while others require further action by the relevant investor and the impacted authorities. The Tax Benefits Code divides general and special benefits. Wide-ranging incentives are:

• Exemption from import duties of goods and equipment used for new activities or the expansion of existing activities (provided that the relevant goods and equipment cannot be sourced within the territory).
• A corporate income tax rate of 10% for investment projects intended to develop new activities.
• Accelerated depreciation and amortization for investments in the tourism, education, health, new technologies, and export sectors.
• Tax deductions for investment in specialized equipment for the development of activities that are authorized under the Investment Code during the first five years of activity.
• Tax deductions for training costs of local staff.
• Tax deductions, during the first five years of activity, of costs relating to construction and restoration of roads, water supply, electricity, energy, schools, hospitals, and other public works.

Special tax incentives apply for investment in the agriculture, agro-constructional, cattle raising, and fisheries sectors. These include a 50% reduction of the corporate income tax rate for the first seven years of the implementation of the project, a reduced stamp duty tax on banking operations regarding the import of foreign capital, and an exemption on income tax on the application of capital.

The tourism sector is also eligible to benefit from special incentives. These focus on the restoration, construction, expansion, or modernization of hotels and related establishments as well as the development of rural and eco-tourism.

The code further provides that investments in enterprises that are active in local and international trading are exempt from import duties or goods and equipment if they cannot be sourced in São Tomé. The enterprises that are active in local trading can benefit during the first five years of their activities from a 50% reduction on the corporate or personal income tax rate. Enterprises involved in cross-border trading are subject to a flat income tax rate of 5%.[38]

4.2. The Investment Code

Under the Investment Code, the Government of São Tomé must outline and promote private investment policies for the country’s sustainable development and the economic, social, and cultural well-being of the nation’s population.[39]

The Investment Code applies to all investments in São Tomé with a value of at least EUR 50,000.[40] Such investments will then also be eligible for incentives under the Tax Benefits Code. The types of investment that are subject to the Investment Code are broadly defined. They should relate to economic activities that are developed by companies that are organized under the laws of São Tomé or that are registered within the jurisdiction. It applies to investment by domestic as well as foreign investors and provides the usual guarantees for the protection of private investment.

By the Investment Code, an investment can be affected in one or more of the following ways:

• Transfer of financial resources from abroad or the application of own funds
• The application of foreign currency kept in bank accounts within the jurisdiction
• Application in São Tomé of funds (with originally foreign origin) by way of reinvestments
• Import of machinery, equipment, accessories, and other physical assets
• Application of credit and other funds of private investors that are intended to be applied in entrepreneurial activities
• Application of technology and know-how

The Investment Code provides for three investment regimes:

• Simplified regime;
• General regime; and
• Special regime.

The simplified regime applies to investments with a value ranging from EUR 50,000 to EUR 249,999. The general regime, on the other hand, applies to investments with a value between EUR 250,000 and EUR 4,999,999, while the special regime applies to investments of EUR 5,000,000 and above. These distinctions can be relevant for the application and approval procedures regarding the investment as well as the incentives that are available under the Tax Benefits Code.[41]

The Investment Code provides that investments can benefit from the tax incentives set out in the Tax Benefits Code if the following conditions are met:

• The investor has at least 20% of the proposed investment amounts at its disposal.
• The investor can demonstrate that he has a stable economic and financial situation for the realization of the project.
• The investor must not be financially indebted to the São Tomé Government or the country’s social security institutions.
• The investor presents a feasibility study of the project, which is acceptable to the Government and which should demonstrate that the investment project creates permanent jobs, is directed towards the engagement of local staff, and contributes to social responsibility.
• The investor presents a report that analyses and demonstrates the macroeconomic impact of the investment on the country.

The government can grant privileged treatment to certain types of investments, based on the economic sectors in which such investments are made. This applies to special economic zones. This privileged treatment is addressed in the Tax Benefits Code.

The Investment Code provides for investment protection and a plethora of rights and duties for the investor. It permits the repatriation of profits, royalties, and liquidation proceeds, subject to compliance with applicable tax and foreign exchange obligations. It also provides that all private investment projects are subject to administrative law and sets out the process for the conclusion of such an agreement and the information that the investor needs to provide. This process is managed by a specialized government agency. This agency is also charged with the responsibility to monitor compliance by the investor with the relevant investment conditions. It also has the power to enforce action in case of a breach.

In terms of dispute resolution, the Investment Code provides that disputes about the code and its subsidiary regulations must be submitted to the country’s domestic courts unless international treaties that are binding on São Tomé stipulate otherwise. Disputes about foreign investments in São Tomé shall, in the absence of any agreement to the contrary, be submitted to arbitration with the following alternatives:

• São Tomean arbitration law.
• ICSID rules of 1965.
• The arbitration rules of the International Chamber of Commerce (ICC) in Paris.[42]

4.3. Brief Recent History of Oil Exploration in São Tomé

Different from what happened in Angola or Nigeria, the development of oil in São Tomé’s offshore area started only in the late 1990s. The country’s leaders initially signed some of the most lopsided petroleum contracts in history. Bribes were allegedly offered and pocketed. Thereafter, São Tomé was making strides in bringing its emerging extractive industry in line with international standards. In February 2008, São Tomé joined the Extractive Industry Transparency Initiative (EITI) for the first time; however, already in 2010, the country was excluded from the organization due to non-compliance with the rules. In May 2012, the country applied for readmission, which the EITI approved in October of the same year. However, in 2022, EITI suspended São Tomé again for having missed deadlines.[43]

In 1997, a tiny US-based company called Environmental Remediation Holding Corporation (ERHC), which at the time had no history of oil exploration or production, was convinced that São Tomé might have its deep-water deposits. In return for near-exclusive hydrocarbon exploration and exploitation rights for twenty-five years and a half share of profits, ERHC offered São Tomé five million dollars and its marketing services. Already at the time, São Tomé was heavily indebted and reliant on foreign donors to fund most of its then thirty-million-dollar budget. Therefore, the deal which would later be described as “one of the worst in the history of oil” was signed. Seismic data showed there could allegedly be up to eleven BN barrels of oil under the sea around the islands. The then-most promising area was north of Príncipe, in waters also claimed by Nigeria.[44] São Tomé and Nigeria failed to reach an agreement on the delineation of their common maritime border.

Consequently, in 2001, São Tomé and Nigeria agreed to establish in the disputed waters a Joint Development Zone (JDZ) with a total area of about 34,450 km squared. The two salient features of the JDZ are:

• The JDZ operates independently, governed by a bi-national body, the Joint Development Authority (JDA), based in Abuja; and
• 60% of the costs and revenues are allocated to Nigeria and 40% to São Tomé.

The treaty is to last for forty-five years with a review after thirty years. The JDZ is administered by the JDA, which reports to a Joint Ministerial Council (JMC) of both countries. Decisions are taken by the JDA board with ratification by the JMC. There is no appeal to the states to try to segregate the decisions from any political interference.

The second zone where São Tomé’s oil development is taking place is its own 125,891 km2-large Exclusive Economic Zone (EEZ). The EEZ is overseen by the Agência Nacional do Petróleo (ANP, National Petroleum Agency, established in 2004), which manages the granting of licenses on behalf of the government. Currently, the ANP’s director is Álvaro Silva.

A team from Columbia University’s Earth Institute helped draft model legislation that would ensure transparency and hold back some of the oil revenues for future generations. This oil revenue management law was adopted in 2004.

After São Tomé had renegotiated and somewhat improved the terms of its first oil contracts, nine blocks in the joint São Tomé-Nigeria oil zone were put in an auction in 2003. Twenty oil companies submitted thirty-three bids for eight of the nine blocks. However, finally, the JDA only awarded Block One for a signature bonus of $125m jointly to ChevronTexaco (51%), ExxonMobil (40%), and Dangote Equity Energy Resources (9%).

São Tomé’s share of the signature bonus was forty-nine million dollars–a lot for a tiny country, but far less than expected. Late in 2004, in a second licensing round of the JDZ, more than two dozen companies competed for the remaining blocks. Many were Nigerian-linked firms with no experience in oil production. Nevertheless, in April 2015, the JDA awarded five blocks to different oil consortiums. Over the years, the ownership in the six JDZ blocks changed repeatedly when the initial investors sold their stakes to other oil companies.

Between 2006 and 2012, several oil companies, including Chevron, Sinopec, and Total, carried out exploration drilling in four JDZ blocks. The results of all of the drillings were negative since commercially viable oil was not discovered. Consequently, several oil companies abandoned the JDZ, while the remaining investors remained largely inactive. For several years, the JDA failed to attract new investors to the JDZ which became largely moribund. Only in March 2019 did the JDZ’s situation seem to improve when the JDA signed with Total a production-sharing contract for blocks seven, eight, and eleven. However, in early 2024, Total decided to discontinue operations in the three blocks since the results of the 3D seismic survey conducted in the acreage had failed to prove the existence of commercially exploitable hydrocarbons. The development of the EEZ started in 2010 when the ANP held the first licensing round for six of the nineteen blocks. The auction was a failure, since in the end only one of the blocks was adjudicated to a Nigerian oil company. The prospects of the EZZ improved in 2015 when the US company Kosmos Energy began to invest in the zone. Meanwhile, the ANP has signed production sharing contracts for ten EEZ blocks for which a total of about thirty million dollars in signature bonuses was paid. Since 2019, Shell has been the major investor in the EEZ with interests in five blocks. In 2022, Shell conducted exploratory drilling in EEZ Block Six, which confirmed the existence of an oil system; however, it remained uncertain if the oil was commercially exploitable. Therefore, in October 2024, Shell announced new exploratory drilling in adjacent EEZ Block Ten for mid-2025.

4.4. Legal Framework Governing Oil and Gas

The principal act regulating the oil and gas sector in São Tomé is the Law of Petroleum Operations of 2009, which establishes that all hydrocarbon resources in the country are state property and confers upon the Executive the right to sign exploratory licenses and petroleum contracts in the form of Production Sharing Agreements (PSA’s) with interested companies, provided that the applying companies adhere to international best practices. Companies applying for PSA agreements must, under the law, prove both financial and technical capabilities to undertake the agreed works in the prospective areas, as well as demonstrate a good track record of principles of good corporate governance. Other relevant oil legislation is the Oil Revenue Management Law (Lei-quadro das Receitas Petrolíferas–Lei 8/2004) and the Oil Taxation Law (Lei de Tributação do Petróleo–Lei 15/2009). All oil-related legislation is available on the site of the ANP.

4.5. The Energy Sector

The Ministry of Public Works, Infrastructure, Natural Resources, and the Environment is responsible for overseeing the fully state-owned national water and electricity company, Empresa de Água e Electricidade (EMAE). At the time of this writing, EMAE is the sole distributor of electricity and water in the country. EMAE produces 90% of its electricity in thermal power stations. Power cuts due to broken generators and fuel shortages have occurred regularly. In October 2023, the government granted the Turkish EB Group a twenty-five-year concession for a ten-MW thermal power plant that was inaugurated in March 2024. The AfDB estimates that in 2018 70% of the population had access to the power grid. EMAE’s operational costs by far exceed its income. In addition, in July 2022, EMAE had accumulated debts of $158m with the Empresa Nacional de Combustíveis e Óleos (ENCO, 78% are owned by Angola’s Sonangol) due to unpaid fuel supplies. The current government intends to increase renewable energy production.

4.6. Other Areas of Interest for Investment

Currently, São Tomé’s economy is essentially based on agriculture, artisanal fishing, and tourism. Other sectors open to expansion are maritime sports, oil and gas services, air and sea transportation, telecommunications, construction, and investments in JDZ and EEZ. In 2018, the government launched a new Strategic and Marketing Plan for Tourism. The plan aimed at increasing the GDP share of tourism by 73.4% and international arrivals by 65.5% until 2025. Due to the unexpected impact of the COVID-19 pandemic, in 2023, this plan was revised and updated with a timeframe until 2030.

5. Education and Universities

97% of the population is literate. However, the quality of education on all levels is comparatively low since teachers frequently lack adequate training. São Tomé’s government emphasizes education and professional skills, as that is believed to be the way to improve local talent and meet local needs. São Tomé’s government should consider making sure that foreign investors also contribute to the training of a local workforce to generate sustainable value in the population and contribute to the overall well-being of the local population. Besides the mandatory investments in job training, other obligations could include creating and maintaining technical courses in key areas and establishing key performance indicators for expats making compulsory the know-how transfer including plans requiring the replacement of expats’ overtime by locals.

There are three small Universities in São Tomé:

• São Tomé’s Public University (USTP) was created in 2014 through the merger of the Instituto Superior Politécnico (ISP, a teachers’ training college, created in 1996) with two other existing institutions of vocational training. In the academic year 2021/22, 2,246 students were enrolled at USTP.
• IUCAI (Instituto Universitário de Contabilidade, Administração, e Informática) is the privately owned Accounting, Administration, and Computing Institute, founded in 1992
• Universidade Lusiada de São Tomé e Príncipe, is the local branch of a privately owned Portuguese university, inaugurated in 2006. Only a few of the university teachers have a PhD degree and only a minority is permanent staff.

6. Conclusion

Unlike the constitutional regimes of most African states, executive power in São Tomé and Príncipe’s semi-presidential system rests in the Prime Minister. Since the first democratic elections in 1991, the country has held legislative and presidential elections regularly and peacefully. However, due to power struggles between the president and the prime minister and weak coalition governments, until 2018 none of the governments reached the end of the four-year term. From 1991-2014, the country had seventeen different governments. The consecutive government changes provoked political instability, which in turn affected the country’s socioeconomic development. Finally, since 2014, two consecutive governments have reached the end of the four-year legislature. The current government that assumed office in November 2022 was expected to become the third one in the country’s democratic period to do so. However, in early January 2025 the prime minister was dismissed and replaced by another politician from the same party who formed a new government. 

São Tomé is a small insular impoverished country that since independence has largely been dependent on foreign development assistance. Aside from tourism, agriculture, and fisheries, its economic value could increase significantly with the discovery of oil and the ability to exploit it.

In addition, the country faces political challenges of good governance, political stability, and a functioning and impartial judiciary. It is also a place where sometimes it is not easy to do business. São Tomé’s government is aware that the country cannot rely eternally on external development aid. Therefore, the government has increased efforts to attract foreign private investors. In September and October 2024, the government organized two international investment forums, one in partnership with the African Export and Import Bank (Afreximbank) in São Tomé and the second one together with the Portuguese government in Porto, respectively.

Five steps are essential in the process, namely an appropriate and innovative São Tomean legal framework that establishes all project and investment proposals, an institutional set-up to ensure the independence of the evaluation processes, a human and institutional capacity building at different levels that focuses on enhancing the technical capacity of teams in charge, the integration of all investment projects contributing to enhanced transparency and more effective knowledge management, and an evaluation of the sustainable projects, initially focusing on measuring and interpreting indicators.

Insufficient progress has been made to curb corruption in the local economy and the public administration. The corruption perceptions are stagnating. In 2018, São Tomé was ranked as the 64th least corrupt nation out of 180 countries with a score of 46 as reported by Transparency International. In 2023, Transparency International ranked São Tomé 67th out of the same number of countries with a score of 45, unchanged for two years. Once the oil is discovered and produced, oil revenue should be complementary to other areas of development, implying a sound diversification of the economy and a buildup of a financial reserve benefitting from the lessons learned from other African oil-producing countries. Essential in this context is also quickly engaging local communities and civil society at large in protecting human and social rights. The purpose of this is to go beyond the profit-driven way and increase corporate social responsibility creating a true economic value, based on an added shared-value concept, where all sectors of the population benefit from the generated wealth. Looking at the many challenges facing the country–including the current regional and global context, the current demand and supply dynamics, the persistent liquidity constraints–and considering the potentials and opportunities for growth and sustainability based on political stability, a stable regulatory framework, and a strategic location in the region, São Tomé still has a chance to properly develop in a more sustainable and prosperous way than in the last decades.

7. References

• Achilihu, Stephen Nmeregini, Do African Children Have Rights?: A Comparative And Legal Analysis Of The United Nations Convention On The Rights Of The Child, 2010, Universal Publishers, P. 198.
• Agência de Promoção de Comércio e Investimento (APCI). Guia do Investidor. São Tomé, 2018.
• Akombo, Allan, “Prepare for Tough Negotiations,” Investment Guide—East Africa Forbes Africa February 2017 Edition, Page 88.
• BBC “Sao Tome And Principe Country Profile,” May 14, 2018.
• Central Intelligence Agency, “World Factbook 2025,” Sao Tome and Principe (Accessed 2025).
• Extractive Industries Transparency Initiative.
• Fernando L. Bastos, “Introduction To The Constitution Of The Republic Of Sao Tome And Principe”(Accessed 17 October 2017).
• Fukuyama, Francis, The Missing Dimensions of Stateness in State Building: Governance and World Order in The Twenty-First Century, London: Profile Books, 2006, P. 6 and 21-22.
• Garrido, Hilario, Legal Reflections (Law and Politics)–Reflexões Jurídicas (Direito E Política), Lisbon: Chiado Editora, 2014, P. 17-21.
• Garrido, Hilário. Refexões Jurídicas. Direito e Política. Vols. I and II. São Tomé, 2016.
• Gentil, Jonas and Ceita, J. Jhunior de Constituição da República Democrática de São Tomé e Príncipe e Legislação Fundamental. Lisboa, 2018
• Ghemawat, Pankaj, 2007, Global Value Creation: The Adding Value Scorecard, Excerpt From Reedifying Global Strategy: Crossing Borders In A World Where Differences Still Matter, Harvard Business School Press, Boston, Massachusetts, P. 11.
• Gouveia, Jorge Bacelar, As Constituições dos Estados de Língua Portuguesa. Coimbra: Almedina, 2014
• Joint Study by The African Development Bank and the African Union, Oil and Gas in Africa, Oxford University Press, 2009.
• Khama, Tarun, Palepu, Krishna, and Jayant Sinha, June 2005, Strategies That Fit Emerging Markets, Hbr, P. 5.
• Loureiro Bastos, Fernando, Introduction to The Constitution of The Democratic Republic Of São Tomé and Príncipe, 18 October 2013.
• Murdock, Janet, Natural Resources Governance In São Tomé & Príncipe: Study Case On Supervision And Transparency In The Profit Oil- Governação De Recursos Naturais Em São Tomé E Príncipe: Um Estudo De Caso Sobre A Supervisão E Transparência Das Receitas Petrolíferas, November 2009.
• Neves, Maria das, Sao Tomé And Príncipe As A Regional Gateway (Strategies For A Sustainable Development) (São Tomé E Príncipe Como Um Gateway Regional Estratégia Para Um Desenvolvimento Sustentável), Unpublished, Iscps, Superior Institute Of Social Studies Of Lisbon University, Nova University Of Lisbon, 2017.
• Nobre De Carvalho, Kelve, Review Of São Tomé E Príncipe Law–Revista Anuário De Direito De São Tomé E Príncipe, 2015, Idilp, Instituto De Direito De Lingua Portuguesa, São Tomé E Príncipe.
• Pape, Duarte, and Rodrigo Rebelo De Andrade, The Farms in São Tomé And Príncipe – As Roças De São Tomé and Príncipe, Publisher Tinta Da China, August 2015.
• Porter, Michael E., January 2008, The Five Competitive Forces That Share the Strategy, Hrb, P. 6.
• São Tomé and Príncipe’s Constitution.
• Seibert, Gerhard. Comrades, Clients, and Cousins. Colonialism, Socialism and Democratization in São Tomé and Príncipe. Leiden: Brill, 2006.
• Transparency International. Corruption Perception Index.
• Van Welzen, Pieter, Sao Tome e Principe: New Investment Regulations, Clifford Chance (January 24, 2017).
• Wells, Louis, and Eric Gleason, Is Foreign Infrastructure Investment Still Risky? Harvard Business Review, From The September–October 1995, 47.
• White, Brandon, Human Rights in Sao Tome and Principe, Borgen Magazine (Sept. 30, 2017).

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[1] Hereafter referred to only as São Tomé for simplification.

[2] Namely Rolas Ilheu, Cabras Ilheu, Bombom, Bone Jockey, Pedras Tinhosas, and other islets.

[3] In 1913, São Tomé became the world’s major cocoa exporter.

[4] About the roças (plantations)–see As Roças de São Tomé and Príncipe, by Duarte Pape and Rodrigo Rebelo de Andrade, Lisbon: Tinta da China, 2015.

[5] Instituto Nacional de Estatística.

[6] Central Intelligence Agency, “World Factbook 2025.”

[7] See the historical explanation and context included in the Preamble of Law 1/2003 that includes the Democratic Constitution.

[8] He died on 8 June 1976 in a mysterious military helicopter crash that occurred in Praia do Salgueiros, located in the North of Portugal, while he was a São Tomean Minister of Infrastructure and Environment.

[9] See Article 9 of the Constitution that refers to São Tomé as being a mixed economy state, including the coexistence of public, cooperative, and private means of production.

[10] Das Neves, Maria, “São Tomé e Príncipe como um Gateway Regional,” Estratégia para um Desenvolvimento Sustentável, unpublished PhD thesis, Superior Institute of Social and Political Sciences Studies (ISCSP) of Lisbon University, 2017, p. 126 to 184, refer in detail to this concept and what it implies.

[11] This law was regulated by Law 4/80 of 8 October.

[12] On the country’s legal system, see Gerhard Seibert. São Tomé and Príncipe. In: C.Neal Tate (Ed.), Governments of the World. A Global Guide to Citizens’ Rights and Responsibilities, Vol. 4, pp. 81-83, Detroit: Thomson Gale 2005. Hilário Garrido. Reflexões Jurídicas. Direito e Política. Vol. I and II. São Tomé, 2016.

[13] Family Law (Law 2/77 of 16 September).

[14] Loureiro Bastos, Fernando, Introduction to the Constitution of the Democratic Republic of São Tomé and Príncipe, 18 October 2013.

[15] On 7 February 1980 was the first amendment, on 31 December 1980 was the second amendment, on 31 December 1987 was the third amendment, and on 20 September 1990 was the fourth amendment and the fifth was adopted on 29 January 2003.

[16] On São Tomé and Príncipe’s Constitution in a lusophone contexto, see Jorge Bacelar Gouveia. As Constituições dos Estados de Língua Portuguesa. Coimbra: Almedina, 2014.

[17] Achilihu Sn, Do African Children Have Rights?: A Comparative and Legal Analysis of the United Nations Convention on the Rights of the Child, 2010, Universal Publishers, p. 198.

[18] Article 52 of São Tomé’s revised Constitution of 2003.

[19] Articles 131-134 of the Constitution.

[20] Initially created by Law 8/91 dated 27 December that abolished the previous legal regime related to the socialist one-party regime of the First Republic (1975-90), adjusting the law to the new constitution. See also Law 2/83, dated 5 December, Law 9/90, dated 28 September (that created the Superior Court of Appeal), Law 2/92, dated 27 March related to the Supreme Council of Judicial Magistrates. See Constitution Articles 156 and 157 related to the accumulation between the Supreme Court of Justice judges and constitutional court issues before January 2018.

[21] Judges have a statute based on Law 14/2008, dated 12 March.

[22] One special court that was created during the socialist one-party regime by Decree-Law 32/75, dated 30 December, provoked some public controversy. The Special Court for Counter-Revolutionary Actions (TEACR) was created to try counterrevolutionary acts including political crimes and disobedience. Law 1/89, dated 15 February, extinguished this “special court,” already before the democratic transition.

[23] Decree-Law 23/82, dated 26 May was revoked by Law 6/2000, dated 2 October.

[24] With no ICSID cases concluding or pending.

[25] Law 13/2008 of 12 March. Regarding its role and autonomy, see Kelve Nobre de Carvalho, Revista Anuário de Direito de São Tomé e Príncipe, 2015, IDILP, Instituto de Direito de Lingua Portuguesa, São Tomé e Príncipe, p. 181 to 185.

[26] Its competencies are defined in Law 13/2008 of 12 March.

[27] Regulation of registration and application of lawyers (Regulation 1/2008, dated 12 February), guidance issued on 31 May 2008, deliberation dated 2010 related to the Professional Dress Code and the law that rules the Statutory Rules of the Bar Association, as per Law 10/2006. OASTP on the Internet.

[28] Articles 77-87 of São Tomé and Príncipe’s Constitution of 2003.

[29] Article 81 of the São Tomean Constitution.

[30] See the Constitution, articles 81, 103, and 117.

[31] See the Constitution, articles 100-119.

[32] Article 112 of São Tomé and Príncipe’s Constitution.

[33] Ibid.

[34] Law 3/2001, dated 12 September constitutes the Organic Law of the National Assembly.

[35] For further details, refer to Hilário Garrido, Reflexões Jurídicas (Direito e Política), vol I Lisbon: Chiado Editora, 2014, p. 17 to 21.

[36] See Article 111 of the Constitution.

[37] The full texts of the two laws and related regulations are available on the site of the APCI.

[38] Van Welzen, Pieter, Sao Tome e Principe: New investment regulations, 24th January 2017.

[39] Wells, Louis, And Eric Gleason, Is Foreign Infrastructure Investment Still Risky?, Harvard Business Review, From the September-October 1995, 47.

[40] Porter, Michael E., January 2008, The Five Competitive Forces That Share The Strategy, Hrb, P. 6. Khama, Tarun, Palepu, Krishna, and Jayant Sinha, June 2005, Strategies that Fit Emerging Markets, HBR, p. 5.

[41] Pieter van Welzen, APCI, Guia do Investidor, 2018

[42] Pieter Van Welzen, APCI, Guia do Investidor, 2018

[43] EITI (2024). See also Janet Murdock, Natural Resources Governance in São Tomé & Príncipe: Study Case on Supervision and Transparency in the Profit Oil–Governação de Recursos Naturais em São Tomé e Príncipe: Um Estudo de Caso sobre a Supervisão e Transparência das Receitas Petrolíferas, November 2009.

[44] Ibid.