On this page, you will find:
- Information on the legal framework concerning LGBTQI+ rights in Sao Tome and Principe
- Information on public attitude and state capacity to protect in Sao Tome and Principe
- Relevant case law
- A list of organisations supporting LGBTQI+ individuals in Sao Tome and Principe
- A list of Country of Origin experts in LGBTQI+ rights
Legal Framework
Homosexuality is criminalised in the Penal Code of 1886, inherited from the Portuguese Colonial Era. Article 71 Paragraph 4 criminalises ‘those who surrender to the usual practice of vices against nature’. Those who are convicted of habitually committing such acts are to be sent to labour camps, while for lesser offenses they are subjected to fines or restrictions.
The criminalisation of homosexuality violates the Constitution of São Tomé et Principe, which guarantees that all citizens are equal before the law without discrimination.
During the 2011 Universal Periodic Review (UPR), representatives of São Tomé et Principe vowed that the government planned to decriminalize homosexuality by the summer of 2011 (PrideSource). Nevertheless, as of May 2012, no evidence can be found to suggest any amendments have been implemented that do decriminalise homosexuality.
For more detailed information on the protection of LGBTQI+ rights in Sao Tome and Principe, visit the Sao Tome and Principe ILGA World Database.
The LGBTI community faces societal discrimination in São Tomé et Principe. As a result many LGBTI people stay largely in the closet.
As of 2003 it was reported by ‘Behind the Mask’ that there was a ‘live and let live attitude’ in São Tomé et Principe and there was very little judgment of homosexual lifestyles. An interviewee describes it as stuck in a ‘time warp of about 100 years when LGBTI issues were not yet discussed (Your Basic Little Paradise)’. Since then, however, homophobia has become pervasive across Africa. Despite the spread of homophobia over the last decade, São Tomé et Principe is geographically separated from the continent and therefore may have been influenced to a lesser extent by the trends on the continent (Globalgayz).
There was a vote to decriminalise same-sex sexual relations in 2011, but there is no evidence to suggest that it has been removed from the Penal Code. Yet it is commonly accepted that the courts do not prosecute homosexual activity anymore since doing so explicitly violates the country’s constitutional principles of equality before the law (PrideSource).
We have not found any relevant case law at this time but we welcome suggestions. If you have any suggestions, please get in touch.
Organisations supporting LGBTQI+ individuals
We are not currently aware of any organisations working with LGBTQI+ persons in Sao Tome and Principe, but we welcome suggestions. If you have any suggestions, please get in touch.
Country of Origin experts in LGBTQI+ rights
We do not currently have any specialists on LGBTQI+ issues in Sao Tome and Principe, but we welcome suggestions. If you have any suggestions, please contact us.
Pakistan Legal Assistance
Find organisations providing legal assistance to refugees in Pakistan.
Pakistan COI
Find Pakistan Country of Origin information (COI) experts, reports, commentaries, and relevant documents.
We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.
Last updated May 2023
