Sao Tomean Constitution
Constitution for the Democratic Republic of Sao Tome and Principe (1975, rev. 1990); 7,747 words.
During five centuries the Sao Tomean People were locked in a hard and heroic struggle against colonial domination for the liberty of their occupied Country, for the conquest of Sovereignty and National Independence, for the restoration of their usurped rights and for the reaffirmation of their human dignity and African character.
On 12th July, 1975, under the enlightened direction of the Liberation Movement of S. Tome and Principe - M.L.S.T.P, the Sao Tomean People attained their National Independence and proclaimed before Africa and all Humanity the Democratic Republic of S. Tome and Principe. That victory, the greatest of our History only was possible thanks to the sacrifices and to the determination of valiant sons of S. Tome and Principe who, for centuries, always resisted the colonial presence, and in 1960 organized themselves in C.L.S.T.P. and later on, in 1972 in M.L.S.T.P., until achieving the supreme objective of national liberation.
With the proclamation of National Independence, the Representative Assembly of the S. Tomean People entrusted to the Political Bureau of the M.L.S.T.P., through a stipulation in the 3rd Article of the Fundamental Law then approved, the heavy responsibility of, as the highest political organ of the Nation, assuming the leadership of the society and of the State in S. Tome and Principe, targeting the noble objective of guaranteeing independence and national unity, through the building of a Democratic State in accordance with the maximum plan of the M.L.S.T.P.
Fifteen years later and after deep analysis of the experience of legitimate exercise of power by M.L.S.T.P., the Central Committee in its session of December, 1989, faithful to the patriotic duty of promoting the balanced and harmonious development of S. Tome and Principe, decided to sanction formally the just national aspirations, expressed during the National Conference, of 5th to 8th December of 1989, in the sense of opening the necessary space to the participation of other politically organized forces, with a view toward broadening democracy, for the modernization of S. Tome and Principe.
Inspired by the historic necessity of promoting increasingly broader and responsible participation of the citizen in the various dominions of the national life, this present revision to the constitutional text, in addition to consecrating the principle that the monopoly of power does not constitute by itself alone sufficient guarantee of progress, represents the collective will of the Sao Tomeans in giving their share of contribution to the universality of the fundamental rights and liberties of Man.
In these terms, after approval by the National Popular Assembly, exercising the powers conferred upon it and contained in Line i of Article 32, and ratification by Popular Referendum, as provided in no. 2 of Article 70, all of the Constitution, in effect, I promulgate the following Constitution:
The Democratic Republic of Sao Tome and Principe is 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 to the active solidarity among all men and all peoples.
The Democratic Republic of Sao Tome and Principe guarantees the Sao Tomean national identity and encompasses every and any Sao Tomean resident within or outside its territory.
Sao Tomean citizens are all those born in national territory, the children of a Sao Tomean father or mother and those who may be considered such by the Law.
1. The territory of the Democratic Republic of Sao Tome and Principe is comprised of the Islands of Sao Tome and Principe, of the Islets of Rolas, Cabras, Bombom, Bone Jockey, Pedras Tinhosas and other adjacent islets, by the territorial sea within a circle of twelve miles beginning at the base line determined by the Law, by archipelagic waters situated within the interior of the base line and the air space which extends over the combined territory as previously defined.
2. The Sao Tomean State exercises its sovereignty over all of the national territory, the subsoil of the land space, the bottom and the subsoil of the aquatic territory formed by the territorial sea and the archipelagic waters, as well as the living and nonliving natural resources which may be found in all the aforementioned spaces and those existing in the overlying waters next to the coasts, outside the territorial sea, to the extent the law determines and in conformity with International Law.
1. The Democratic Republic of Sao Tome and Principe is a unitary State, without prejudice to the existence of local governments.
2. The Capital of the Republic is the city of S. Tome.
1. The Democratic Republic of Sao Tome and Principe is a State of democratic Law, based on the fundamental rights of the human being.
2. Political power belongs to the people who exercise it through universal, equal, direct and secret suffrage under the terms of the Constitution.
The State of democratic Law implies the safeguard of justice and legality as fundamental values of collective life.
The Democratic Republic of Sao Tome and Principe is a lay State, within it existing a separation of the State with respect to all religious Institutions.
1. The economic organization of Sao Tome and Principe rests on the principle of a mixed economy, having in view national independence, development and social justice.
2. The coexistence of public property, cooperative property and private property of means of production is guaranteed within the terms of the law.
Prime Objectives of the State are:
1. Responsibility for the National Defense rests with the State.
2. The National Defense has as essential objectives the guaranteeing of the national independence, the territorial integrity, the respect for democratic institutions.
3. A special law will regulate its form of organization.
1. The Democratic Republic of Sao Tome and Principe is determined to contribute toward the safeguarding of universal peace, toward the establishment of equal rights and mutual respect for sovereignty among all the States and toward the social progress of humanity, on the basis of the principles of international law and peaceful coexistence.
2. The Democratic Republic of Sao Tome and Principe proclaims its adherence to the Universal Declaration of the Rights of Man and to its principles and objectives of the Organization of African Unity and of the United Nations Organization.
1. The National Flag consists of three horizontal bars, being green and those of the extremes of equal width, and the middle, in which are affixed two five-pointed black stars, yellow, being one and one-half times larger than each of the others and by a scarlet triangle, whose base is located on the left side of the Flag. The height of the triangle is half that of the base.
2. The National Anthem is "TOTAL INDEPENDENCE."
3. The insignia consists of the figure of a falcon to the left and a parrot to the right, separated by an ovular-form coat of arms, whose vertical abscissa is of a dimension 0.33 times larger than the horizontal and in whose interior a palm tree is featured along the vertical abscissa.
1. All citizens are equal before the law, enjoy the same rights and are subject to the same obligations without distinction as to social or racial or racial origin, sex, political tendency, religious belief or philosophical conviction.
2. Woman is equal to man in rights and obligations, being guaranteed to her full participation in political, economic, social and cultural life.
1. Every Sao Tomean citizen who resides or finds himself overseas enjoys the same rights and is subject to the same obligations as the other citizens, except for that which would be incompatible with absence from the country.
2. Sao Tomean citizens resident overseas enjoy the care and protection of the State.
1. The foreigners and displaced persons who reside or find themselves in Sao Tome and Principe enjoy the same rights and are subject to the same obligations as the Sao 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. The exercise of public office only will be permitted to foreigners provided it has a predominantly technical character, save the presence of an international agreement or convention.
1. The rights consecrated in this Constitution do not exclude any which might be foreseen in laws or in rules of International Law.
2. The precepts relative to fundamental rights are interpreted and integrated in harmony with the Universal Declaration of the Rights of Man.
1. The exercise of fundamental rights only can be restricted in cases foreseen in the Constitution and suspended during the validity of a state of siege or state of emergency declared in the terms of the Constitution and of the law.
2. No restriction or suspension of rights may be established for longer than strictly necessary.
Every citizen has the right of resorting to the courts against acts which violate his rights recognized by the Constitution and by the law, justice not being deniable for insufficiency of economic means.
The citizens have obligations with respect to society and the State, not being able to exercise their rights through violation of the rights of the other citizens, and not respecting the just demands of morality, of public order and of national independence defined in the law.
1. Human life is inviolable.
2. In no case, shall there be a death penalty.
1. The moral and physical integrity of the people is inviolable.
2. No one may be submitted to torture or to cruel, inhuman or degrading treatment or punishment.
Personal identity and the confidentiality of the intimacy of private and family life are inviolable.
1. The home and the secrecy of correspondence and of private means of communication are inviolable.
2. Entrance into the home of citizens against their will only may be ordered by competent judicial authority, in the cases and by the manner prescribed by the law.
1. All have the right to form a family and to enter into matrimony in conditions of full equality.
2. The law regulates the requirements and effects of marriage and of its dissolution, by death or divorce, independent from the form in which it was celebrated.
3. Spouses have equal rights with respect to civil or political competency and to the maintenance and education of their children.
4. Children born out of wedlock cannot, for that reason, be the object of any discrimination.
5. Parents have the right and duty of educating and maintaining their children.
1. Freedom of conscience, religion and worship is inviolable.
2. No one may be persecuted, deprived of right or exempted from civic obligations or duties because of his convictions or practice of religion.
3. No one may be questioned by any authority about his convictions or religious practices except for the collection of statistical data not individually identifiable nor be prejudiced for refusing to answer.
4. Religious confessions are free in worship, in education and in their organization.
Intellectual, artistic and scientific creation are free.
1. All have the right to freely express and divulge their thinking by word, by image or by any other means.
2. Infractions committed in the exercise of this right remain subject to the general principles of criminal law, their appreciation being within the competence of the courts.
1. Freedom of the press is guaranteed in the Democratic Republic of S. Tome and Principe, within the terms of the law.
2. The State guarantees a public service press independent of the interests of economic and political groups.
1. The right to learn and the freedom to teach are guaranteed.
2. The State may not reserve for itself the right to plan education and culture according to any philosophical, political, ideological or religious policies.
All have the right to freely choose a profession or a type of work, with the exception of the legal restrictions imposed by the collective interest or inherent to the profession.
1. To all citizens the right is guaranteed to freely relocate and establish themselves in any part of the national territory.
2. To all is guaranteed the right to emigrate or to leave the national territory and the right to return.
1. All citizens have the right to meet, peacefully and without arms, even in places open to the public.
2. The right to demonstrate is recognized for all citizens, within the terms of the law.
1. The citizens have the right to, freely and without dependence on any authorization, form associations, so long as they are not contrary to the penal law or do not question the Constitution and national independence.
2. Associations pursue their ends freely.
3. No one can be obliged to take part in an association nor be compelled by any means to remain in one.
1. All have the right to personal freedom and to personal security.
2. No one may be deprived of freedom, except in cases provided for in the law and always by decision or with the review of the appropriate court.
1. No one may be sentenced criminally except by virtue of prior law which declares punishable the action or omission nor suffer security measures whose purposes are not fixed in prior law.
2. However, penal laws are applied retroactively when their content is more favorable to the accused or to the sentenced.
1. There may be no punishments nor security measures which deprive or restrict liberty which are of a perpetual, unlimited duration or undefined nature.
2. Sentences are not subject to commutation.
3. No sentence presumes the loss of any civil, professional or political rights.
1. In case of imprisonment or illegal detention resulting from the abuse of power, the citizen has the right of recourse to the provision of habeas corpus.
2. The provision of habeas corpus is lodged before the Court and its procedure is fixed by the law.
1. Criminal procedure will assure all the defense guarantees.
2. Every accused is presumed innocent until proven guilty, being tried in the shortest time compatible with defense guarantees.
3. The accused has the right to choose defense counsel and to be assisted by him in all the acts of the trial, the law specifying the instances and the aspects in which that assistance is obligatory.
4. Every instruction is within the competence of a Magistrate, who may, within the terms of the law, delegate to other entities the practice of instructional acts which do not directly affect fundamental rights.
5. Criminal procedure has an accusatory structure with the hearing of the trial and the instructional acts subordinated to the principle of cross-examination.
6. All evidence obtained through torture, coercion or offense to the physical or moral integrity of the person, abusive intromission into private life, in the home, in correspondence or in telecommunications are null.
7. No case may be removed from the court whose competence has been established in prior law.
1. The extradition and the expulsion of Sao Tomean citizens from the National territory are not allowed.
2. Extradition for political motives is not permitted, nor for crimes which carry the death penalty according to the law of the petitioning State.
3. The expulsion of foreigners who have obtained residency authorization, only may be determined by judicial authority, the law assuring expeditious means of decision.
4. Asylum is granted to foreigners persecuted or gravely threatened with persecution, in virtue of their activity in favor of democratic rights.
1. All have the right to work.
2. The obligation to work is inseparable from the right to work.
3. It is incumbent upon the State to ensure equality of opportunity in the choice of profession or type of work and conditions do that access to any position, work or professional category are not blocked.
4. The right to exercise professions is guaranteed in the conditions obtaining in the law.
1. All the workers have rights:
1. The State guarantees to every citizen, through the social security system, the right to protection in illness, handicap, widowhood, orphanhood and other instances prescribed in the law;
2. The organization of the system of social security of the State does not prejudice the existence of private institutions, with the implementation in mind of the objectives of Social Security.
1. The right of free establishment of cooperatives is guaranteed.
2. The State stimulates, and supports the creation and the activity of cooperatives.
The State protects the inherent rights to intellectual property, including the rights of the author.
1. The right to private property and to its transfer in life or through death is guaranteed to all, in accordance with the law.
2. Requisition and expropriation for public use only may be effected as based on the law.
1. The State oversees the respect for the law by private enterprises and protects the economically and socially viable small and medium enterprises.
2. The State may authorize foreign investment, provided it is useful to the economic and social development of the Country.
1. All have the right to housing and to an environment of human life and the duty to defend it.
2. It is incumbent upon the State to plan and execute a housing policy inserted in the plans for zoning of the territory.
1. All have the right to health care and the duty to defend it.
2. In accordance with the National system of Health, it is incumbent upon the State to promote the Public Health which has as objectives the physical and mental well-being of the populations and their balanced fitting into the socio-ecological environment in which they live.
3. The exercise of private medical practice is permitted, in the conditions fixed by law.
1. As the fundamental element of the society, the family has the right to the protection of the society and of the State.
2. It is incumbent, especially, upon the State:
Children have the right to the respect and to the protection of the society and of the State, with a view toward their complete development.
The youth, especially the young workers, enjoy special protection in order to render effective their economic, social and cultural rights.
Persons of advanced age have the right to satisfactory family life and economic security.
1. Education, as a right recognized to all the citizens, strives for the whole formation of man and his active participation in the community.
2. It is the responsibility of the State to promote the elimination of illiteracy and permanent education, in accordance with a National system of instruction.
3. The State ensures basic compulsory and free education.
4. The State gradually promotes the possibility of equal access to the other levels of education.
5. Education is permitted through private Institutions, in the terms of the law.
1. Conditions will be created so that all citizens may have access to culture are encouraged to participate actively in its creation and dissemination.
2. The State preserves, defends and esteems the cultural patrimony of the Sao Tomean people.
3. It is incumbent upon the State to encourage and promote the practice and spreading of sports and of physical culture.
All citizens have the right to take part in public life and in the management of the affairs of the country, directly or by means of freely elected representatives.
All citizens of more than eighteen years have the right of suffrage, excepting incompetence as provided in the general law.
All citizens have the right of access, in conditions of equality, and liberty, to public office.
All citizens have the right to present, individually or collectively, to the organs of political power or to any authorities petitions, representations, protests or complaints for defense of their rights in the Constitution, in the laws or of the general interest.
Every citizen has the right to be indemnified for damage caused by illegal and harmful actions to his legitimate rights and interests, whether from State organs, Social Organizations or whether from public officials.
The State supports and protects the social organizations recognized by law which, in correspondence with specific interests, frame and foment the civic participation of the citizens.
1. Every citizen may form or participate in political organizations recognized by law which encompass the free and plural participation of the citizens in public life.
2. Special law shall regulate the formation of political parties.
1. It is the honor and the supreme duty of the citizen to participate in the defense of the sovereignty, independence and territorial integrity of the State.
2. Every citizen has the duty of rendering military service under the terms of the law.
3. Treason to the Fatherland is a crime punishable by the most grave penalties.
1. All citizens have the obligation of contributing to the public expenditures, under the terms of the law.
2. The taxes seek to satisfy the financial necessities of the State and a just distribution of income.
The participation and direct and active involvement of the citizens in public life constitutes a fundamental condition of the unity of the Republic.
1. The formation, the composition, the competence and the functioning of the organs of political power are those defined in the Constitution and in the law.
2. No organ of political power may delegate its powers to other organs, except in the instances and in the terms expressly foreseen in the Constitution and the law.
Organs of Sovereignty are:
1. The functions of the President of the Republic are incompatible with any other public or private office.
2. The functions of Deputy to the National Assembly, members of Government and of head of local power organs are subject to the incompatibilities established in the law.
Upon being empowered in their offices, the heads of organs of the State make the following oath:
"I swear, by my honor, to fulfill an ensure the fulfillment of the Constitution and the laws, to defend the national independence, to promote the economic, social and cultural progress of the Sao Tomean people and to perform with all loyalty and dedication the functions which are entrusted to me."
1. The heads of organs of political power have the duty of maintaining the citizens and their organizations informed concerning public affairs, remaining subject to democratic control exercised through the forms of political participation established in the Constitution and the law.
The deliberations of the collegial organs of political power are taken in harmony with the principles of free discussion and criticism and the acceptance of the will of the majority.
1. The law determines the forms of publication of the laws and of the other acts of political power.
2. The lack of publication of the laws implies their legal inefficacy.
The President of the Republic is the Chief of State and the Supreme Commander of the Armed Forces, represents the Democratic Republic of Sao Tome and Principe, guarantees the national independence and ensures the regular operation of the institutions.
1. The President of the Republic is elected by universal, direct and secret suffrage.
2. Only a citizen of Sao Tomean origin, older than 35 years, may be elected President of the Republic.
3. The President-elect of the Republic takes office before the National Assembly.
1. The President of the Republic is elected for five years.
2. In the instance of vacancy, the election of the new President of the Republic will take place ninety days subsequent and he shall begin a new mandate.
3. The number of successive mandates of the President must not exceed two.
The President of the republic is charged with:
1. The bills approved by the National Assembly and submitted to the President of the Republic must be promulgated by the latter, within a time limit of 15 days beginning on the day of its receipt.
2. In case the promulgation is not confirmed, the bill will be reviewed by the National Assembly and if a favorable vote of the qualified majority of the deputies is obtained, the President must promulgate it within the space of eight days.
3. The normative acts of the Government referred to in lines c) and d) of Article 99 shall be considered legally nonexistent if within a term of twenty days after their receipt they have not obtained the promulgation or the signature of the President of the Republic.
In the exercise of his powers and competence, the President of the Republic determines the form of the Presidential Decree.
1. The President of the Republic may not absent himself from the national territory without assent of the National Assembly or of its Permanent Commission, if the former is not in session.
2. Assent is dispensed with in the instances of travel not of official character not longer than five days, however the President must give prior advice of it to the National Assembly.
1. During the temporary incapacitation of the President of the Republic, as well as during the vacancy of the office until the inauguration of the new President elect, the President of the National Assembly or should he be incapacitated, his substitute, shall assume the duties.
2. While exercising on an interim basis the duties of President of the Republic, the mandate as Deputy of the President of the National Assembly or of his substitute is suspended automatically.
3. The interim President may not exercise the roles prescribed in lines n) and o) of Article 76.
The National Assembly is the highest representative and legislative organ of the State.
1. The National Assembly is composed of elected Deputies, within the terms of the law.
2. The Deputies represent all the people, and not just the electoral circles by which they are elected.
3. The number of members of the National Assembly is fixed by the law.
The Deputies have, by designation, the following powers:
1. No Deputy may be inconvenienced, pursued, detained, imprisoned, judged or condemned for votes and opinions he may make during the exercise of his duties.
2. Except in the instance of flagrante delicto and for a crime punishable as a felony and by consent of the National Assembly or of its Permanent Commission, Deputies may not be pursued or imprisoned for crimes committed outside their duties.
1. The rights, prerogatives and duties are regulated by the law.
2. The Deputy who is gravely omissive of his duties may be removed from the National Assembly, by secret vote, by a majority of two-thirds of the sitting Deputies.
The National Assembly is charged with:
It is the exclusive province of the National Assembly to legislate concerning the following matters:
1. Legislative initiative is reserved to the Deputies and to the Government;
2. The deliberations of the National Assembly assume the form of laws, resolutions and motions.
1. The National Assembly may authorize the Government to legislate, by decree-law, on matters set forth in Article 87.
2. Legislative authority must establish its goal, its scope and its duration;
3. The closing of the Legislature and the change of Government occasions the expiry of legislative authority granted.
The decrees-laws published until one month before each legislative session, in exercise of its delegated legislative authority, are considered ratified if, in the first five plenary sessions of the National Assembly subsequent to their publication, no Deputy requires they be submitted for ratification.
The legislature has a term of four years and begins with the inauguration of all its members.
1. The National Assembly approves its by-laws and elects, at the first meeting of each legislature, its President and the other members of its council.
2. The National Assembly creates permanent committees specialized by reason of subject matter and may institute contingent committees to occupy themselves with issues to be determined.
1. The National Assembly meets in two ordinary sessions per year, one of which is dedicated specifically to evaluating the report of the activities of the Government and to the discussion and voting of the Budget of the State for the following fiscal year.
2. The National Assembly may meet extraordinarily in the instances prescribed in its Bylaws or at the convocation of the President of the Republic.
The members of the Government may take part and speak in the plenary meetings of the Assembly, in the terms of the By-laws.
1. The Permanent Committee of the National Assembly functions beyond the periods of actual functioning of the National Assembly during the period in which it finds itself dissolved and in the remaining instances set forth in the Constitution.
2. The Permanent Committee is presided over by the President of the National Assembly and composed of the Vice Presidents and by Deputies prescribed in the By-laws.
3. The Permanent Committee is charged to:
The Government is the executive and administrative organ of the State, with responsibility to conduct the overall policy of the State.
1. The Government is composed of the Prime Minister, of the Ministers and of the Secretaries of State.
2. The Prime Minister is the Chief of Government, with responsibility for directing and coordinating its action and ensuring the execution of the laws.
1. The Prime Minister is designated by the President of the Republic, taking into consideration the electoral results.
2. The Ministers and Secretaries of State are nominated by the President of the Republic, at the proposal of the Prime Minister.
It is the duty of the Government to:
1. The Council of Ministers is constituted by the Prime Minister and by the Ministers.
2. The duties of the Government prescribed in lines a), c), d), f), h) and i) of the previous article are exercised in the Council of Ministers.
The Government is politically responsible before the President of the Republic and the National Assembly.
The members of the Government are bound to the Government's program and to the deliberations taken in the Council of Ministers.
1. The courts are sovereign organs with competence to administer justice in the name of the people.
2. In the administration of justice it is incumbent upon the courts to assure the defense of the legally protected rights and interests of the citizens, to settle public and private conflicts of interest and to repress the violation of the laws.
3. The law may institutionalize nonjudicial instruments and ways for settling conflicts.
The courts are independent and are subject only to the laws.
1. The decisions of the courts are founded upon the cases and in the terms prescribed in the law.
2. The decisions of the courts are obligatory for all public and private entities and prevail over those of any other authorities.
The hearings of the courts are public except when the court itself decides to the contrary, in well-founded decision, in order to safeguard the dignity of the individuals and of the public moral or to guarantee their normal operation.
The law presupposes and stimulates appropriate forms of popular participation in the administration of justice.
1. Judges are unremovable, not being able to be transferred, suspended, retired or dismissed except in cases prescribed in the law.
2. Judges cannot be held responsible for their decisions, save for the exceptions prescribed in the law.
The Supreme Court of Justice is the highest judicial tribunal of the Republic and it is responsible for watching over the harmony of jurisprudence.
1. The existence is prohibited of courts meant exclusively for adjudication of certain categories of crimes.
2. Excepting themselves from the provisions of the prior number are the military courts, with whom resides the judgment of essentially military crimes defined by law.
1. In the deeds submitted to judgment, the courts cannot apply norms which infringe upon what is provided in the Constitution or in the principles consecrated therein.
2. The question of unconstitutionality may be raised obligingly by the court, by the Justice Department or by any of the parties.
3. Admitted a question of unconstitutionality, the case goes to the National Assembly, which will decide.
4. The decisions taken in the matter of unconstitutionality by the National Assembly shall have general binding force and shall be published in the Diario da Republica.
1. The Justice Department oversees the rule of law, represents the public and social interest in the courts and is in charge of the penal system.
2. The Justice Department is organized as a hierarchical structure under the direction of the Attorney-General of the Republic.
1. The Public Administration seeks the prosecution of the public interest, in the respect for the legally protected rights and interests of the citizens and by the constitutional institutions.
2. The Public Administration shall be structured so as to avoid bureaucratization, to bring the services to the populations and to ensure the participation of those interested in its effective management.
3. The law establishes the rights and guarantees of those managed, specifically against acts which harm their legally protected rights and interests.
1. The organs of local power constitute the organized expression of the specific interests of the local communities where the Sao Tomean people dwell.
2. The organs of local power support themselves through the initiative and the creative capacity of the populations and act in close collaboration with the participatory organizations of the citizens.
1. The Democratic Organization of the State comprehends the existence of local governments, such as Organs of Local Power, in accordance with the Law of Politico-Administrative Division of the Country.
2. The local governments are collective territorial persons possessing representative organs which seek the pursuit of the particular interests of the respective populations without losing the participation of the State.
1. The Island of Principe shall have its own Politico-Administrative Statute, taking into account its own needs.
2. The law shall create specific forms for its organization.
The District Assembly and respective executive committee are organs of local power in each district.
1. The number of members of each District Assembly is fixed by the law.
2. The members of the District Assemblies are elected by direct and secret universal suffrage of the resident citizens.
The members of the District Assemblies are elected for three years and may have their mandate revoked by popular initiative, in the terms of the law.
1. At the beginning of their work after the elections, each district assembly elects, from among its members, an executive committee.
2. The executive committee is politically responsible to the district assembly and may be removed by it at any time, in the terms of the law.
The organs of local power are competent to:
1. The Constitution may be revised at any time, by initiative of three-quarters of the Deputies to the National Assembly in exercise of their functions.
2. The project of review names the constitutional principles to be reviewed and the meaning of the amendments to be introduced.
1. Any amendment of the Constitution is approved by a two-thirds majority of the Deputies to the National Assembly in exercise of the Deputies in exercise of their functions.
2. The National Assembly may propose to the President of the Republic the subjection of any amendment to popular referendum.
The Ordinance of the M.L.S.T.P. as a Political Organization is recognized independently of the formalities demanded by the law, as per Item 2 of Article 62.
The mandate of the President of the Republic and of the National Popular Assembly in effect as of the date of publication of the present Constitution, is considered implicitly extended until the holding of the new elections.
Legislation in force on the date of National Independence remains transitorily in effect in all that may not be contrary to the present Constitution and to the remaining laws of the Republic.
The Constitution of the Democratic Republic of S. Tome and Principe has the date of its approval in joint session of the Political Bureau of the M.L.S.T.P. and the Constituent Assembly of 5th November of 1975, published in the Diario da Republica no. 39, of 15th December of 1975.
The First Text of the Constitutional Law no. 1/80, published in the Diario da Republica no. 7, of 7th February - First Constitutional revision.
The Second Text of the Constitutional Law no. 2/82 published in the Diario da Republica no. 35, of 31st December of 1982. - Second Constitutional revision.
Constitutional Amendment Law no. 1/87, of 31st December - published in the Fourth Supplement to the Diario da Republica no. 13, of 31st December of 1987. - Third Constitutional revision.
Third Text of the Constitutional Law no. 7/90 - published in the Diario da Republica no. 13 of 20th September of 1990 - Fourth Constitutional Revision.