São Tomé & Principe
Crisis solved in São Tomé and Príncipe

afrol News, 25 January - The constitutional crisis in São Tomé and Príncipe has been solved after President Fradique de Menezes and Parliament reached a compromise deal yesterday. The President thus agreed to withdraw his decree to dissolve Parliament. Anticipated elections and a constitutional referendum are the results.

Prime Minister Maria das Neves and the President of the Supreme Court of Justice, Maria Alice Graça, had been essential in negotiating the compromise deal, which puts an end to several days of political instability, where both sides of the dispute called the other's actions "unconstitutional".

President Menezes and senior members of the São Toméan Parliament have signed a memorandum in which the President revokes the decree dissolving Parliament. He was also to promulgate the constitutional reforms approved by a large parliamentary majority.

In return, parliamentarians settled for early elections and to present parts of the constitutional reforms to the São Toméan electorate. This in particular referred to the paragraphs resulting in less presidential authorities. It was unclear when this referendum would be organised.

The compromise maintains the stalemate between Parliament and Presidency in São Tomé, which has led to unstable and changing governments since President Menezes was elected in September 2001. The President has wished to demonstrate his constitutional right to name the São Toméan government, while Parliament demands government must have its parliamentary basis. The constitutional reform was to better define the two institutions' power sharing, but was vetoed by Mr Menezes.

The compromise has received mixed reactions in São Tomé. Prime Minister das Neves said she was happy about the outcome, referring to "peace and stability" as the superior interests of the São Toméan people. Her government seems to have been strengthened by her success in reaching an agreement to the crisis. Parliamentary President Dionísio Dias praised the "victory of dialogue" in what could have ended up violent clashes.

But several parliamentary leaders had denounced Mr Menezes' actions as "unconstitutional," saying he was heading "towards dictatorship," according to the news agency Lusa. Ex-Prime Minister Gabriel Costa criticised both Mr Menezes and the agreement for creating a situation where yet another expensive election and referendum had to be organised - noting that the country could not "always be dependent on external funds to finance elections that originate out of crises."

The republic of São Tomé and Príncipe has been searching for a functional balance between the powers of the presidency and Parliament for almost two years, slipping from one constitutional crisis into another. A compromise draft Constitution approved by two thirds of Parliament last week was vetoed by President Menezes.

Presidential spokesman Neves e Silva said that the draft constitution made by Parliament was "an attempted constitutional coup d'état against the President of the Republic." The constitutional revision had not been made in the interest of the state, its citizens and economy, Mr Neves e Silva held, but only because of one man, the current President.

The constitutional crisis in São Tomé started shortly after the election of President Menezes in August 2001. Mr Menezes made use of his constitutional powers and appointed a government close to him, but ignoring the parliamentary majority of the Movement for the Liberation of Sao Tomé and Principe (MLSTP) - the islands' traditional ruling party. The MLSTP answered by obstructing parliamentary works and thus provoking new elections.

In a little more than one year, the archipelago has had four different governments, following a period of stable, long-living governments since independence. March 2002 elections, virtually a referendum over the President's powers to appoint a government not based in Parliament - produced a stalemate. São Tomé has since then been ruled by broad coalition governments.

A process to revise the constitution was formally initiated in October last year, after all parties agreed that the current situation of broad but weak governments created an unfortunate political instability. 50 of Parliament's 55 members therefore endorsed a project to look into a revision of the constitution - which is seen as too unclear on the power-sharing between Parliament and President.

The mandate of the group was to look into ways of introducing "a semi-presidential system" into the constitution, not too unlike the current practice on the islands. To create more stability within this framework, one foresaw clearer definitions of competence between the different state institutions, the possible use of referendums and the establishment of a Constitutional Court.

 

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