United Nations

CCPR/C/AGO/1

International Covenant onCivil and Political Rights

Distr.: General

3 March 2011

Original: English

Human Rights Committee

Consideration of reports submitted by States parties under article 40 of the Covenant

First periodic report

*

[17 February 2011]

Contents

ParagraphsPage

I.Introduction1–73

II.Legal and constitutional framework8–144

III.Realization of civil and political rights15–1115

A.Self–determination and independence (art. 1)16–206

B.Non–discrimination (arts. 2, 14 and 27)21–226

C.Equality of men and women (art. 3)23–257

D.Emergency situations, disasters and risks (art. 4)26–307

E.Right to life (art. 6)31–358

F.Persons deprived of liberty (arts. 7 and 10)36–468

G.Human trafficking (art. 8)47–5210

H.Freedom of movement and circulation (art. 12)53–5411

I.Administration of justice (arts. 15 and 16)55–6911

J.Freedoms (arts. 18, 19, 20 and 21)70–8816

K.Establishment of a family (art. 23)89–9019

L.Rights of the child (art. 24)91–9519

M.Citizens’ participation in public life (art. 25)96–10920

N.Ethnic minorities (art. 27)110–11122

IV.Human rights strategy through 201211222

I.Introduction

1.Angola is located on the western coast of southern Africa. It is bound by the Republic of the Congo to the north, the Democratic Republic of the Congo to the northeast, the Republic of Zambia to the east, the Republic of Namibia to the south, and the Atlantic Ocean to the west. It is the fifth largest country in Sub-Saharan Africa, with a total area of 1,246,700 square kilometers. The country is divided for administrative purposes into 18 provinces, 163 municipalities and 547 communes.

2.Angola is a plateau whose altitude varies from 1,000 to 1,500 meters, bounded by a narrow stretch of lowlands along the coast. Its highest altitude, 2,620 meters, is at Morro do Moco in the province of Huambo. Its climate varies, from the dryness of the desert to the rainy tropic of the savanna, tempered due to its altitude.

3.The country’s population in 2010 is estimated at 18,082,000, with population density of 14.5 persons per square kilometer. Of this number, 32 per cent are under 15 years of age, and 89 per cent are under 50. This shows that Angola’s population is very young. The masculinity index is 93 per cent (93 men for 100 women). The average age at the birth of one’s first child is 18. Portuguese is the official language, due to the Portuguese presence before independence.

4.The people of Angola belong to various ethnolinguistic groups, each of which has its own cultural traditions. They are the Bantu Peoples (Bakongo, Ambundu, Cokwe, Ovimbundu, Nganguela, Oxiwando, Oxihelelo and Nyahneka-Nkhumbi), Non-Bantu (Hotentotes and Khoisan) and Pre-Bantu (Vatwa):

(a)Angola is a multilingual country in which the Portuguese language, adopted as the official language, and the national languages coexist;

(b)The national languages most frequently spoken in Angola are: Kikongo, Kimbundu, Cokwe, Luvale, Umbundu, Nganguela, Oxiwambo, Olunyaneka, Helelo, Khoi, Vátwa and Mbunda.

5.The Republic of Angola adopted the International Covenant on Civil and Political Rights and its Optional Protocol on 10 April 1992, and, in accordance with the provisions of the Covenant, collected up-to-date information and data covering the period from its adoption until 2010, in connection with the preparation of the present report.

6.The intensity of the war that destroyed almost all of the country’s infrastructures, as well as taking a disastrous number of human lives, led to a rural exodus of an unprecedented scale, which made normal functioning of the State’s administrative system impossible. This situation created huge problems and made it impossible to effect timely collection of information and data related to the implementation of policies intended to establish Civil and Political Rights. This situation also made it impossible to prepare the initial report and, thus, the periodic reports on the implementation of the Covenant.

7.Although Angola has not prepared any of the earlier reports required by article 40 of the International Covenant on Civil and Political Rights, the period of time that passed enabled deeper reflection on advances and failures in the efforts made to protect the civil and political rights of Angola’s citizens.

II.Legal and constitutional framework

8.The regulatory framework that protects and promotes Human Rights consists of a number of laws that guide and regulate public life and the lives of citizens, based on the precepts set forth in the International Covenant on Civil and Political Rights, which are also set forth in the Constitution of the Republic of Angola (CRA). The following stand out:

Law No. 2/2007, of 31 August, Law governing the Legal Status of Foreigners which revoked Law 3/94

Executive Order No. 15/95, of 10 November, on Legal Aid

Law No. 18-A/92, 17 July, on Pre-trial Detention

Law No. 14/91, of 11 May, on Associations

Law No. 5/01 of 23 February, on the Public utility

Law No. 16/91, of 11 May, on the Right to Assemble and Demonstrate

Law No. 22/92, of 4 September, on Investigations, Searches and Seizures

Law No. 4/05, of 4 July, on Election Observation

Law No. 8/90, of 26 May, on Refugee Status

Law No.7/06, of 15 May, Press Law

Law No. 23/91, of 15 June, on Strikes

Law No. 2/04, of 21 May, on Freedom of Conscience, Religion and Belief

Law No. 23/92, of 16 September, on the Prohibition of the Death Penalty

Law No. 10/85, of 19 October, on Nationality

Law No. 9/96 of 19 April, on Justice for Minors

Law No. 2/94, of 14 January, on Immigration

Law No. 7/06, on Public and Private Means of Social Communication

Law No. 21 D/92, of 28 August, on the Press

Law No. 7/06, on Freedom of the Press

Executive Order No. 84/02 of 31 December, on NGOs

Legislative measures promoting the implementation of the Covenant

The Constitution

9.The Constitutional Law (LC) effective through February 2010 has undergone some changes over time. These changes were introduced through Constitutional Revision Law numbers 12/91 and 23/92, which created the constitutional premises necessary to implement democracy and to expand the recognition and guarantees of the fundamental rights and freedoms of Angola’s citizens.

10.The principal changes made by the Constitutional Revision Law were the change in the country’s name from “People’s Republic of Angola” to “Republic of Angola”; the change from “People’s Assembly” to “National Assembly” and the removal of the term “People’s” from the name of the Courts; the introduction of new articles that recognize and guarantee fundamental rights and freedoms, based on the principal International Treaties on Human Rights ratified by Angola; the establishment of Angola as a democratic State based on the rule of law, in the form of an organizational model based on the separation of functions and independence of the sovereignty bodies and with a semi-presidential political system that gave an active and implementing role to the President of the Republic; in the Administration of Justice, the organization of the judiciary and definition of the essential provisions of the constitutional articles of judges and the Office of the Public Prosecutor.

11. This process culminated with approval by the Constitutional Assembly on 21 January followed by Constitutional Court Decision No. 111 of 30 January 2010 and the promulgation of the Constitution of the Republic of Angola (CRA) of 5 February 2010.

12. The Constitution establishes the principle of universality, with the enjoyment of constitutional rights, freedoms and guarantees, and the protection by the State of all citizens, subject to the duties established in the Constitution, including those citizens residing or located abroad. All have duties to their families, society, the State and other institutions recognized by law. The Constitution also establishes fundamental rights, which do not exclude any others provided by applicable laws and rules of international law (arts. 22 and 26, CRA).

13.The CRA fully protects individual and collective rights and freedoms, which are strictly observed by the State and society as a whole.

14.According to the CRA, the General Organization for the Promotion of Human Rights receives institutional support from State bodies, namely:

The President of the Republic – as the head of Angola’s Executive Branch. The President of the Republic is assisted by: (a) the Vice President of the Republic, who assists in the exercise of the executive function; (b) Council of Ministers, a collegial body that advises the Chief of State; (c) Council of the Republic, a body that advises the Chief of State; (d) National Security Council, a body that advises the President of the Republic on matters related to national security policies and strategies, as well as the organization, operation and regulation of the Armed Forces, the National Police and other bodies that ensure constitutional order, and of the intelligence and security bodies of the State, in particular.

The National Assembly is a unicameral body that represents all Angolans, expresses the sovereign will of the people and exercises the legislative power of the State.

The Office of the Ombudsman is an independent public entity whose purpose is to defend the rights, freedoms and guarantees of citizens, ensuring through informal means the justice and legality of the activities of the Government.

The Courts are the sovereign body with authority to administer justice in the name of the people.

III.Realization of civil and political rights

15.Civil and political rights are essentially based, in addition to the CRA and other ordinary laws of the Republic of Angola, on:

The Universal Declaration of Human Rights

The International Covenant on Civil and Political Rights and its Optional Protocol, ratified in 1992

A.Right to self-determination and independence (art. 1)

16.Present-day Angola was part of the former Kingdoms of Kongo, Ndongo, Kassanje, Matamba and, later, the Kingdoms of Bailundo, Bié and the Central Plateau, which were occupied in stages by the Portuguese during the 16th century. Despite resistance by the kingdoms, which engaged in isolated, weak rebellions, the occupation lasted for nearly 500 years.

17.After the First World War, the Society of Nations exerted pressure regarding African peoples’ right to self-determination, which was an important contribution in decolonization, although the desired objectives were not immediately achieved.

18.Because of the independence gained by some African countries in the 1950s, various national liberation movements arose in Angola. The MPLA, FNLA and UNITA were particularly important. During the 1960s they engaged in anti-colonial war until National Independence was proclaimed on 11 November 1975.

19.Even so, the country continued to be mired in armed conflict, with a short period of peace in 1991, during which a multiparty system and a market economy began to develop. In 1992 the first elections took place; the outcome was favourable to the MPLA and was not accepted by UNITA [National Union for the Total Independence of Angola], which led to renewed and more violent confrontations in Angola. This situation forced the establishment of a National Unity and Reconciliation Government (GURN) [Governo de Unidade Nacional] after the signing of the Lusaka Protocol. However, it was not until April 4, 2002, with the signing of the Luena Memorandum of Understanding, that peace was achieved, except in the Enclave of Cabinda, where the FLEC [Front for the Liberation of the Enclave of Cabinda] was fighting the Angolan Armed Forces.

20.The political will of the parties brought full peace to Angola with the 1 August 2006 signing of the Peace Memorandum for the Enclave of Cabinda, in the city of Namibe, between the Government and the Cabindan Forum for Dialog.

B.Non-discrimination (arts. 2, 14 and 27)

21.Paragraph 1 of article 23 of the CRA establishes the principle of equality of all citizens before the Law and the Constitution, and paragraph 2 establishes that no one may be prejudiced, privileged or deprived of any right or exempted from any duty, by reason of their ancestry, gender, race, ethnicity, colour, disability, language, birthplace, religion, political, ideological or philosophical beliefs, level of education, or economic, social or professional condition.

22.Individual or special treatment given to persons with disabilities, the aged, the sick or those who belong to minority groups, falls within special social assistance and protection policies that the Angolan Government develops as part of an overall vision intended to ensure the survival, protection and development of individuals, in accordance with the law.

C.Equality of men and women (art. 3)

23.In its pursuit of the objective of promoting equality between men and women, the Angolan State approved Resolution No. 9 of 28 March 2002, of the National Assembly, on Gender, and created the Ministry of Family and Women’s Protection (MINFAMU), which is responsible for its implementation.

24.Compliance with the provisions of this Resolution has brought about significant changes in the disparities between men and women. The results of cross-sectional, inclusive activities carried out in the area of gender can be seen in parliamentary, legal, governmental, business and social activities.

25.The ratio of men to women in decision-making bodies is as follows: National Assembly, 220 deputies, 81 women (31 per cent), 33 Ministers, 8 women (24 per cent), 55 Vice Ministers, 9 women (16 per cent); 2 Secretaries of State, 1 woman (50 per cent), 18 Provincial Governors, 3 women (17 per cent); 29 Provincial Deputy Governors, 9 women (23 per cent); 163 Municipal Administrators, 21 women (13 per cent); 529 Commune Administrators, 17 women (0.3 per cent). In the Judiciary: on the Supreme Court, 14 Justices, 2 women (14 per cent); Constitutional Court 3 women, Court of Auditors 2 women, Provincial Courts, 129 judges, 34 women (26 per cent), Municipal Courts, 77 judges, 12 women (16 per cent).

D.Emergency situations, disasters and risks (art. 4)

26.The Angolan State is responsible for ensuring compliance with the provisions of the national regulations and laws enacted and of the United Nations conventions on emergency situations, disasters and risks. In this regard it adopted Civil Defense Framework Act No. 28 of 7 November 2003, and created the National Commission for Civil Defense, which specializes in providing technical advice and coordination of the activities of the entities and structures active in this area, in order to:

(a)Prevent the occurrence of collective risks resulting from serious accidents, catastrophes, natural or technological disasters;

(b)Mitigate collective risks and limit their effects, should the events described in letter (a) occur;

(c)Aid and assist those who are affected or are in eminent danger.

27.Given its importance, the National Commission for Civil Defense is directly under the Minister of the Interior, and it is made up of the Ministries of Defense, Planning, Territorial Administration, Finance, Oil, Fishing, Urbanism and Environment, Industry, Agriculture and Rural Development, Health, Education, Culture, Science and Technology, Transportation, Public Works, Trade, Hotels and Tourism, Social Assistance and Reinsertion, Social Communication and Energy and Water.

28.This organizational structure made it possible to respond fully to floods in the provinces of Benguela, Kwanza Norte and Bengo, and to other emergencies, and to create the Early Warning System that provides for monitoring river levels.

29.To ensure the coordination and organization of actions throughout the country, Provincial Commissions for Civil Defense were created and are coordinated by the respective provincial governors.

30.In the context of cooperation, Angola is a full member of the International Civil Defence Organization (ICDO) and as such promotes partnerships with similar organizations.

E.Right to life (art. 6)

31.The right to life is governed by the Constitution, which provides that the State must respect and protect people’s lives, which are inviolable (art. 30). Article 59 expressly prohibits the death penalty.

32.Article 59 of the CRA prohibits the death penalty and contains provisions that allow for the creation of mechanisms that control and guarantee the right to life. Article 358 of the Penal Code (PC) prohibits abortion, in order to protect and preserve human life. However, in clinical and therapeutic circumstances, when the mother’s life is in danger, or when incompatibilities exist that will endanger the normal development of the child, a local Medical Board is established to decide whether to terminate a pregnancy prior to the 22nd week of gestation, as this is not permitted and is deemed a crime subject to punishment in accordance with the law.

33.Although various mechanisms exist related to the control and guarantee of the right to life, there are violations of them, especially because of the increase in crime in urban areas.

34.State and Civil Society entities are working together to develop programs for education, awareness and social mobility that must be complemented by other efforts in the areas of crime reporting, investigation, protection, referral and treatment of victims, and strengthening of legislation that makes penalties more severe. Angola has shelters, both state-run and private, for children, women and old people.

35.Torture and other treatment or punishment that is cruel, inhuman or degrading is also prohibited by the Constitution, article 60 of which provides that no one can be subjected to torture, forced labor, or cruel, inhuman or degrading treatment or punishment.

F.Persons deprived of liberty (arts. 7 and 10)

Prison situation

36.The Angolan prison system is being modernized and developed, with its principal characteristic the rehabilitation of individuals deprived of liberty. As of December 2006 Angola had 5,083 detainees out of a total of 9,829 prisoners. In December 2009 there were 16,696 prisoners, of whom 8,283 were in pretrial detention and 8,413 had been sentenced.

37.A work group was established, consisting of ordinary court judges and prosecutors from the Office of the Public Prosecutor, at the Provincial Court of Luanda (the province with the highest number of cases of excess imprisonment), to work specifically on issues related to excess pretrial detention, which made it possible to rule on the overwhelming majority of the cases. This drastically reduced the number of prisoners who were awaiting trial.

38.In order to deal with the issues related to excessive pretrial detention, the Office of the Attorney General has been visiting prisons. The visits made during the extensive travel undertaken in April 2010 public prosecutors from different areas made it possible to hear, without any exceptions, all persons in prisons nationwide, to release a considerable number of prisoners, and to clarify the incarceration situation of others.

39.Another trip was undertaken in October of the same year so that, by the end of the year, the number of excessive pretrial detainees would be as low as possible. The Public Prosecutor gave general guidance to all criminal prosecutors nationwide to work towards releasing prisoners arrested for less serious crimes, of a property nature, in order to reduce prison crowding.

40.Between 16 and 21 years of age (29 per cent) and 13,346 aged between 18 and 21 (71 per cent). The table below, illustrating the legal situation as of December 2010, shows a total of 18,797,506 prisoners in Angola, of whom 506, or 3 per cent, were women, and 18,291, which was 97 per cent [sic].

Statistics on the prison population, broken down by gender and legal situation nationwide

Total prisoners

Women

%

Men

%

Sentenced

237

1.2

9 844

52

Detained

269

1.4

8 447

45

Penitentiary treatment

41.Prisoners’ rights are somewhat limited due to their specific condition and given the interests of the individual and society. However, the State recognizes and respects their rights, namely the right to life, dignity and integrity; to not be tortured, or treated in a cruel, degrading or inhuman way; health and education; non-discrimination; freedom of thought and religion; and respect for one’s private and family life, which are important factors in their reform and reinsertion into society.

42.The right to freedom is provided in article 36 of the CRA, and in articles 328 et seq. of the Penal Code. Article 391 of the PC establishes penalties for those who violate them. Angola has 32 prisons, of which four are in precarious condition as to infrastructure and/or are in temporary facilities that have been adapted. These four are located in the provinces of Bengo, Lunda-Norte and Zaire (Mbanza – Congo and Soyo).

43.The prison hospital of S. Paulo provides health care, that is to say, confidential diagnoses, and when necessary it is assisted by the principal military hospital. Each prison also has a doctor or health centre. Today, the entire prison population nationwide is guaranteed three meals per day.

44.The classification or placement of prisoners in different levels or divisions is based on division by gender, age, legal situation, nationality and pathology, in accordance with the precepts established in the “minimum rules of the United Nations regarding the treatment of prisoners, in the international convention on civil and political rights, and in the Angolan penitentiary law, which also determines the appropriate establishments for imprisonment and serving a sentence, with priority given to involving young prisoners aged from (16–18) and (18–21) in various activities and programs providing treatment, education, job training and socially useful work. Women prisoners who are pregnant or have children enjoy special treatment, as they are permitted to stay with their children until the latter reach three years of age.[”]

45.Foreign prisoners are treated the same as Angolan prisoners. The increase in the number of prisoners has forced the State to take additional measures, such as amnesty, reprieve, commutation, and/or conversion of a sentence into the provision of community service.

Reform and humanization of the prison system

46.In order to achieve true reform of the prison system, the Angolan Government has engaged in a number of actions in the areas of legislation, infrastructure and internal rules. Significant events include the entry into effect of the new prison law (Law No. 8 of 29 August 2008), of the specific careers of prison services regime (Decree No. 43 of 24 December 1999), of the regulation on the organization of prison work in prisons (Decree No. 64 of 1 October 2004), training given to prison wardens, trainers of prison social action agents and prison guards, financed by the European Union as part of the PIR-PALOP cooperative program. Six new prisons have been built, in Cabinda, Bengo-Kaquila, Lunda Norte, Bengo-Caxito, Zaire-Mbanza Congo and Soyo.

G.Human trafficking (art. 8)

47.The CRA warns against trafficking in persons; its article 31 states that the moral, intellectual and physical integrity of each person is inviolable, and the Government respects and protects persons and human dignity. Its article 36 states that each citizen has the right to physical freedom and individual safety.

48.The Angolan Government is in the process of taking preventive measures governing the movement of people, mainly children, and is establishing administrative regulations and procedures. It is carrying out information and awareness campaigns by providing training and information to agents of the law, and is creating Child Protection Networks and Checkpoints at all internal and external borders, where and when there are minors who are not accompanied by their parents and do not have documents authorizing them to travel. Proof is being required of the adult’s relationship to the child, when that adult is accompanying a child and authorization from the parents. An Intersectorial Committee for the Prevention and Combat of Trafficking in Humans; a National Strategic Action Plan and a National Monitoring Center have been created.

49.Measures against all the forms of violence associated with trafficking in women and children, who are the most vulnerable to this phenomenon, have been strengthened, among them the fight against commercial sexual exploitation, prostitution, slavery, forced labour and organ removal.

50.It is known that trafficking occurs at points such as (a) origin (countries or points of departure of trafficking victims going to a domestic or international destination); (b) in transit (countries, places or points through which the traffickers and victims pass temporarily for geographic or logistical reasons); (c) destination (destination countries or points of the trafficking trade). This objective situation has led authorities involved in the protection and promotion of human rights to consider trafficking an extreme concern that must be at the heart of the attention given to policies and programs intended to defend the integrity of citizens.

51.The Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children in West and Central Africa during the Ministerial Conference of the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS) against human trafficking, in 2006 in Abuja (Nigeria), has contributed significantly to the creation of coordination mechanisms intended to help prevent to combat cross-border trafficking.

52.The purpose of the Agreement is to create a common front national force against trafficking in persons, for the prevention, fight against, elimination and punishment of trafficking in persons through international cooperation. It is also intended to protect, rehabilitate and reintegrate trafficking victims into their environment of origin, when necessary, and to provide mutual assistance in the investigation and arresting of traffickers, through cooperation among the competent authorities of the signing countries. In 2007 the Government of Angola participated in the development, in Sao Tome and Principe, of the ECOWAS/ECCAS Joint Plan of Action against Trafficking in Persons, Especially Women and Children.

H.Freedom of movement and circulation (art. 12)

53.The Angolan Government is taking preventive measures governing the movement of persons that are in compliance with the precepts of the CRA, article 46 of which establishes Freedom of Residence, Movement and Emigration, as follows: “Any citizen who resides lawfully in Angola is free to choose where to reside, to move about and to stay in any part of the national territory, except in those cases specified in the Constitution and when the law establishes restrictions, namely related to access and stays to protect the environment or vital national interests; all citizens are free to emigrate and to leave national territory and to return to it, without prejudice to the limitations arising from the performance of legal obligations.” “Angola ratified in 2010 the United Nations Convention on Transnational Organized Crime and its optional protocols (particularly on trafficking in Human Beings) through the National Assembly resolution.”

54.Since 1992 the emergency situation in Angola has ceased to exist, and as a result the free movement of people and goods within the country has been restored. Citizens are no longer required to have a Driver’s License, or other documents, to move about within national territory. Citizens are free to reside in any part of the country. There are no political, legal or cultural measures in Angola that prevent women from moving about. In other words, men and women have the same rights.

I.Administration of justice (arts. 15 and 16)

55.A number of bodies administer justice in Angola, that arise from the fact that it is a Democratic State based on the Rule of Law, as established in article 2 of the CRA; justice is administered by the following Courts:

(a)Constitutional Court, the supreme constitutional jurisdiction body;

(b)Supreme Court, which has jurisdiction throughout Angola and, in view of the diversity of the matters that must be heard, it is divided into chambers, which are in turn divided into sections;

(c)Military Supreme Court, which is the supreme body for military justice;

(d)Provincial Courts, of which there are 19 and which have general jurisdiction in their respective provinces and are divided into divisions, which are in turn divided into sections;

(e)Municipal Courts, which have jurisdiction in their respective municipalities and of which there are also 19. They have criminal jurisdiction and hear cases punishable by correctional penalties and a respective fine. They also have jurisdiction over civil cases valued up to AON 100,000.00 (one hundred thousand Kwanzas);

(f)Military Courts, which have jurisdiction over crimes that are essentially military, organized as follows: Supreme Council of Military Justice; Supreme Military Court; Regional, Zone and Crew Military Courts; and Front Military Courts, just provided for by law.

56.The provincial and municipal courts and judges are distributed as follows.

Distribution of Provincial and Municipal Courts and Judges

No.

Province

Courts

Judges

Municipality

Courts

Judges

1.

Cabinda

1

3

Bucuzau

1

1

2.

Zaire

1

2

Soyo

1

2

3.

Uíge

1

3

Negage

1

4

4.

Bengo

1

3

-

-

2

5.

Luanda

1

48

Ingombota

1

23

Viana

1

Cacuaco

1

6.

Lunda Norte

1

3

-

-

1

7.

Lunda Sul

1

3

-

-

6

8.

Malanje

1

3

Cacuso

1

3

9.

Kuanza Norte

1

3

Cambambe

1

1

Golungo Alto

1

1

10.

Kuanza Sul

1

4

Gabela

1

1

Libolo

1

1

Porto Amboim

1

1

11.

Moxico

1

4

-

-

1

12.

Bié

1

5

-

-

2

13.

Huambo

1

6

Caala

1

9

14.

Lobito - Benguela

2

13

Cubal

1

5

Baia Farta

1

15.

Kuando Kubango

1

3

-

-

3

16.

Huíla

1

8

Matala

1

4

17.

Namibe

1

5

Tômbua

1

1

Bibala

1

1

18.

Kunene

1

3

Cahama

1

4

Total

19

129

19

77

Retired Judges

Provinces

Municipalities

7

2

The bodies and Public Prosecutors who act together with the Courts and Criminal Investigation Police

Province

Structure

Investigation

Prosecutors

Municipalities

Prosecutors

Luanda

Central Body

21

-

-

Luanda

DNIAP*

13

Luanda

Inspection

4

Luanda

DRH

1

Luanda

Provincial Court

52

9 (3)

5

Luanda

DNIC

3

Luanda

DNIIAE

1

Luanda

DPIC

15

9

18

Luanda

DPIIAE

1

Luanda

SME

1

Bengo

Court (2)

DPIC (1)

3

5 (3)

3

Benguela

Court (5)

DPIC (2)

7

9 (5)

5

Lobito

Court (5)

SMIC (1)

6

(-)

(-)

Bié

Court (4)

DPIC(1)

4

9 (4)

4

Cabinda

Court (1)

DPIC (1)

2

4 (3)

3

Cunene

Court (3)

DPIC (1)

4

6 (-)

2

Huambo

Court (5)

DPIC (2)

7

11(4)

4

Huila

Court (6)

DPIC (1)

7

13 (2)

2

K. Kubango

Court (2)

DPIC (2)

4

9 (-)

(-)

Kwanza Norte

Court (3)

DPIC (1)

4

10 (4)

4

Kwanza Sul

Court (5)

DPIC (1)

6

12 (7)

8

Lunda Norte

Court (4)

DPIC (1)

5

9 (1)

1

Lunda Sul

Court (4)

DPIC (1)

5

4

-

Malange

Court (3)

DPIC (1)

4

14 (1)

1

Moxico

Court (2)

DPIC (1)

3

9 (2)

2

Namibe

Court (3)

DPIC (1)

4

5 (3)

3

Uíge

Court (4)

DPIC (2)

6

16 (4)

5

Zaire

Court (2)

DPIC (1)

3

6 (3)

3

Total

160 (54)

73

[DNIAP – National Department of Criminal Investigation and Action; DRH – Human Resources Department; DNIC – National Criminal Investigation Police; DNIIAE – National Directorate for the Inspection and Investigation of Economic Activities; DPIC – Provincial Criminal Investigation Police; DPIIAE – Provincial Directorate for the Inspection and Investigation of Economic Activities; SME – Migration and Foreigners Services; SMIC – Municipal Criminal Investigation Section.]

57.The Office of the Attorney General has a presence in 18 provinces and 54 municipalities, and the personnel shown in the table above cover the entire country, meaning the Office of the Public Prosecutor has a presence in all courts and also in the municipalities where there are Investigation and Procedural Investigation entities, with lodging for the respective judges. This ensures oversight of the law in accordance with article 186 of the CRA.

58.The number of prosecutors has increased substantially. In 2010, 24 were added, and approximately the same number completed their training in November 2010. They will become public prosecutors in 2011. The Fourth Regular Training Course for Judges who will join in 2012 is in the preparatory phase, and will enable better distribution of judges throughout the country and more efficient provision of services to its citizens, especially oversight of the law in general.

59.In the case of legal proceedings that occur in places where there are not yet Municipal Courts, article 176, No. 2(a) of the CRA provides that such proceedings are to be sent to the nearest location in the same jurisdiction or to the Provincial Court.

Access to justice

60.Citizens may make use of the courts when necessary, without discrimination, further to their right or power to take legal action and duty to have legal action taken against them. Legal counsel is also guaranteed, which guarantees legal assistance without having to pay fees to an attorney or procedural costs.

61.With improved work conditions and compensation, the independence and performance of the courts is increasingly well-known.

62. As part of the ongoing Reform of Justice and the Law, alternative forms of mediation and conflict resolution are being developed. This will provide citizens access to justice without having to resort to the courts. The purpose of this is to reduce the number of proceedings in the courts; their large number has caused delays in handling cases. This access is mainly assured by:

(a)The PGR, the body that exercises general control of lawfulness;

(b) The PJ, an independent public entity, whose purpose is to defend the rights, freedoms and guarantees of citizens;

(c) Traditional authorities, who apply the rules of customary law, based on the geographic area and sociocultural customs of the country.

Juvenile Justice System

63.Based on the Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”), the Convention on the Rights of the Child, and Law No. 18/88 of the Republic of Angola, in 1996 Law 9 of April 19, 1996, was approved. It created a court section for minors with specialized jurisdiction, under the Provincial Court, known as “Juvenile Justice Court” (JM) to soften the punitive nature of the term “tribunal”.

64.The JM applies social protection measures to minors of any age, and criminal prevention only to minors aged from 12 to 16. Its activities are complemented by the Commission for Guardianship of Minors, a permanent autonomous entity that is not jurisdictional and is made up of 5 members. It is responsible, in close collaboration with the JM, for guiding the minors subject to its jurisdiction and cooperating in the implementation of its decisions.

65.The system does not yet function as desired, as it has not been set up in all the provinces outside Luanda, where it has been operating since 2006. The lack of implementation, the scarcity of prosecutors and the absence of detention and semi-detention centers are among the reasons for this situation.

Judicial reforms

66.The Angolan Government created the Commission for the Reform of Justice and the Law, which is developing a number of legal provisions and adapting them to international human rights legal instruments. The revision and drafting of some fundamental Laws and other legal provisions is currently underway, specifically:

Draft of Internal Regulations of the Courts

Draft of Internal Regulations of the Office of the Attorney General, the Office of the Public Prosecutor and the Regulations for Public Prosecutors

Law on Pre-trial Detention

Internal Regulations of Courts

Draft of Law on Investigations, Searches and Seizures

Draft of Internal Regulations for Judges

Draft of Law on Military Criminal Justice

Draft of Law on Mediation and Conciliation

Draft of Law on Legal Assistance

Draft of Law on Legal Support Center

Draft of Law on Law Firms

Draft of Internal Regulations of the Office of the Public Prosecutor and the Office of the Attorney General

Regulations for Public Prosecutors

Draft of Decree on the Organization of Court Clerks

Bylaws of the Ombudsman and the High Authority Against Corruption

Criminal, Civil, Civil Procedure, Criminal Procedure, Labor Procedure, Civil Registry and Notarial Codes

Implementation of Law No. 9 of 19 April 1996, on Juvenile Justice Court

Customs Code

Decree creating Mediation Centers

Implementation of Law No. 1/97 and Reformulation of Registry, Notarial and Identification legislation

Regulation of position of goods that have been and may be confiscated

Draft of Law No.14/91 Law of Associations

Law on NGOs

Legislation on the Prison System

Law on Freedom of Religion and Conscience

Decree on Professional Training of Law Professionals

67.The level of activity in the Justice sector has been based on two essential points, with a strong focus on issues related to the revision of legal provisions, reconstruction and construction of infrastructures to adapt the services of the Judiciary so as to bring them to the people. The occurrence of the actions recommended for this sector have encountered some constraints due to financial and human resource issues.

68.The revision and drafting of some fundamental laws and other legal provisions is underway, as follows:

Draft of Internal Regulations of the Courts

Draft of Internal Regulations of the Office of the Attorney General, the Office of the Public Prosecutor and the Regulations for Public Prosecutors

Draft of Law on Pre-trial Detention

Draft of Law on Investigations, Searches and Seizures

Draft of Internal Regulations for Judges

Draft of Law on Military Criminal Justice

Draft of Law on Mediation and Conciliation

Draft of Law on Legal Assistance

Draft of Law on Legal Support Center

Draft of Law on Law Firms

Draft of Decree on the Organization of Court Clerks

Bylaws of the Ombudsman and the High Authority Against Corruption

Criminal, Civil, Labor, Civil Procedure, Civil Registry and Notarial Codes

Implementation of Law No. 9 of 19 April 1996, on Juvenile Justice Court

Implementation of Law No. 1/97 and Reformulation of Registry, Notarial and Identification legislation

Regulation of position of goods that have been and may be confiscated

Law No.14/91 – Law of Associations

Law on NGOs

Legislation on the Prison System

Implementing regulations of Law on Freedom of Religion and Conscience

Interdependence of bodies and their real operation

69.The political system in Angola is organized according to the principle of the separation and interdependence of functions of the sovereignty bodies established in paragraph 3 of article 105 of the CRA. Paragraph 2 of the same article establishes the formation, composition, authority and functioning of the sovereignty bodies.

J.Freedoms (arts. 18, 19, 20 and 21)

Thought, conscience and religion

70.Article 10 of the CRA establishes the separation of Church and State. The State protects the churches and religions, and their sites and objects of worship, provided they do not offend against the Constitution or public order, and that they are in compliance with the Constitution and the Law.

71.Article 41 of the CRA recognizes the inviolability of the freedoms of conscience, religious belief and worship, and guarantees conscientious objection rights pursuant to the law. Recognition of religions in Angola is guaranteed by Law No. 2 of 21 May 2004, which governs the exercise of freedom of conscience, religion and worship.

72. The large majority of the Angolan population is Christian (90 per cent), with 70 per cent Roman Catholic, 15 per cent Protestant and 5 per cent other. The remaining 10 per cent profess non-Christian religions, which are protected by the right to a religion.

73. This is a fairly complex area, and includes the following categories of religions: (a) Afro-Christian churches of African origin and (b) non-Christian churches.

74. The State has established general rules and regulations concerning the creation of religious schools and seminaries and on the distribution of religious materials and texts, based on the circuit of the country’s educational system. Although it is secular, the State subsidizes the educational system of missionary churches. There are also specialized seminaries and religious schools with religious curricula. The State guarantees the students of these specialized schools the respective equivalencies of the studies performed and the freedom to attend any school subsidized by the State, regardless of their religion.

75.Presidential Order No. 39 of 5 October 2009, created the Inter-ministerial Commission for the Analysis of the Religious Phenomenon, which is responsible, among other things, for performing a study into the causes and origins of the religious phenomenon in Angola, and for performing a study about the growing phenomenon of accusing children of the practice of witchcraft.

76. As a result of the Government’s educational campaigns, various religious denominations established internal forums on the phenomenon of religion in Angola. This is the case with the Religious High Leadership within the Christian churches that includes the most different recognized and unrecognized religious denominations; it is being used as an interlocutor in relation to the questions to be proposed to the Government through the Inter-ministerial Commission.

Expression

77.According to article 40, everyone has the right to express, divulge and share freely their thoughts, ideas and opinions, by means of the spoken word, images or any other means, and also the right and freedom to inform, to inform oneself and to be informed, without impediment, discrimination or limitation of any kind and without censorship. Freedom of expression and of information are limited by the right of everyone to their good name, honor and reputation, their image and the reservation of the intimacy of their private and family life, to the protection of infancy and childhood, State secrecy, secrecy of justice, professional secrecy and other guarantees of those rights, in accordance with the law.

78.The foundations of these legal precepts are in harmony with International Treaties on Human Rights. The aforementioned laws cover issues related to the freedom of expression, govern the functioning of the competent authorities, and reserve the identification and demarcation of public spaces for holding meetings or demonstrations.

79.Article 4 of the Press Law in effect in Angola since 1992 establishes parameters regarding freedom of the press that professionals must have with people and the actions of the communication media must be devoted to directing their activities preferentially to issues related to education, the arts, culture, training and information. This Article prohibits the broadcasting of programs and distribution of materials that could negatively influence the formation of someone’s personality. Any propaganda in favour of war is prohibited by the law.

Assembly and demonstration

80.Article 47 of the CRA guarantees all citizens the freedom to assemble and to demonstrate peacefully, without arms, without having to have any authorization, subject to the provisions of the law. Meetings and demonstrations in public places are not required to be reported in advance to the competent authorities, according to and for the purposes established by the law. Law No. 16/91 specifies and governs the exercise of this right by all citizens.

Association, establishment of unions and political parties

81.Articles 40, 44, 45, 48 and 49 of the CRA and article 4 of the Press Law in effect in Angola since 2006 guarantee citizens the right of association, freely and without any administrative authorization required, provided the association is organized based on democratic principles, in accordance with the law. Such associations pursue their purposes freely, without interference from the public authorities, and may not be dissolved or have their activities suspended, provided they are not in conflict with constitutional order, do not incite or engage in violence, or promote tribalism, racism, dictatorship, fascism or xenophobia.

82.Associations are governed by Law No. 14 of 11 May 1991, which is now being reformulated as part of the Justice Reform. Insofar as human rights issues are concerned, there are 329 domestic NGOs and 133 international NGOs in Angola, for a total of 462, that are active in social and development areas such as: education, health, human rights, institutional support, civic – electoral education, culture and agriculture. Of these, 30 per cent have representation in the provinces.

83.Political parties are permanent, independent organizations of citizens, whose social objective is to participate democratically in the political life of the country, competing freely to be the expression of the popular will, to organize Political Power through the electoral process.

84.Article 50 of the CRA grants workers the freedom to create unions to defend their individual and collective interests. Union Law No. 21-D of 28 August 1992, governs the founding, affiliation, federation, organization and dissolution of unions and guarantees their autonomy and independence from employers and the State.

85.The creation of political parties is protected by Law No. 2 of 1 July 2005, on Political Parties, which provides, in its Article 13, the procedures preliminary to the creation of a party; in article 33, for their dissolution; in Article 34, for their merger, spin-off and takeover; and in article 35, for coalitions.

86.Political parties are dissolved voluntarily, pursuant to a resolution of the competent governing body or a court decision, made by the Constitutional Court, when:

(a)They are only regional or local;

(b)They promote tribalism, racism, regionalism or other forms of discrimination;

(c)They attempt to subvert the legally established democratic regime;

(d)The number of affiliates and the members in each of the provinces is lower than the number established by the law;

(e)They do not submit, within 7 years, the documents evidencing periodic elections of the party’s management;

(f)Their purpose is contrary to the moral and public order;

(g)They do not receive at least 0.5 per cent of the total number of votes cast in national legislative elections;

(h)Legal actions is brought against them by a political party, by the Chairman of the National Assembly, by the Office of the Attorney General and by legally established political parties, provided that there is reason to do so.

87.Political parties may be freely established, and do not require any authorization. They have a legal personality with all the rights and obligations necessary to pursue their purposes, after being registered with the Constitutional Court. They must be of a national nature and scope, and act in accordance with the Constitution and the Law. They are entitled to equal treatment by the entities that exercise political power, specifically the use of public facilities, access to and use of the public television and radio service, and financing from the State.

88.One is free to be a member of a political party; no one can be forced to become or remain a member and no one can be deprived of the ability to exercise any civil, political or professional right by reason of being, or not being, affiliated with an established party.

K.Establishment of a family (art. 23)

89.Article 35 of the CRA guarantees all citizens the right to establish a family at will, pursuant to the Constitution and the Law, and states that the Family is the fundamental nucleus of the organization of Society and is given special protection by the State, whether based on marriage or on a de facto union between a man and a woman.

90.Law No. 1 of 20 February 1988, which adopted the Family Code, defines marriage in its Article 20 as the voluntary union of a man and a woman, formalized in accordance with the law, in order to establish a communal life. According to this, marriage is based on equality and reciprocity in the rights and duties of the spouses. In order for a marriage to be valid it is essential that each of the intended spouses expressly declare their desire to contract marriage with the other person.

L.Rights of the child (art. 24)

91.The Angolan Government reaffirmed its commitment to enable the promotion and protection of children’s rights, as part of observance of the fundamental principles that inform the Convention on the Rights of the Child , namely non-discrimination, the inherent right to life, and the greater interest and participation of the child, with a view to achieving progress in relation to the goals set in the Action Plan adopted by the twenty-seventh Special Session on Children of the General Assembly of the United Nations, based on the Millennium Development Goals for the creation of “A World Fit for Children”, including the promotion of healthy lives, provision of good education, protection of children from abuse, exploitation and violence, and fighting HIV/AIDS.

92.Considerable progress has been made in legislation to protect and promote children’s rights, with the approval and entry into effect on 3 February 2010 of the Constitution of the Republic of Angola, which states in its article 80 regarding childhood, that: (1) Children have a right to special attention from the family, society and the State, which must, in close collaboration, ensure they are fully protected against all forms of abandonment, discrimination, oppression, exploitation and the abusive exercise of authority, in the family and in other institutions; (2) public policies concerning the family, education and health must abide by the principle of the superior interest of the child, in order to ensure their full physical, psychological and cultural development; (3) the State ensures special protection for children who are orphans, have disabilities, have been abandoned or, in any other way, deprived of a normal family environment; (4) the State regulates the adoption of children, and encourages their integration into a healthy family environment; (5) minors of school age are prohibited, pursuant to the law, from working.

93.In the political arena, the Angolan Government is working to build a Democratic State based on the Rule of Law, with decentralization and deconcentration of local power, firmer establishment of peace and reconciliation of the nation, strengthening of democratic institutions and performance of various actions, among which the following stand out:

(a)General Program of the Government;

(b)Public Program for the Improvement of Basic Social Services (PPMSSB);

(c)Internal Strategy for the Reduction of Poverty (EIRP);

(d)National Strategic Action Plan to Reduce Maternal and Infant Mortality for 2004–2008;

(e)National Action Plan to prevent and mitigate the effects of HIV/AIDS on children and families, supplemented in 2006 by the Rapid Action, Analysis and Assessment Program (RAAAP);

(f)National Health Policy, based on Law No. 21-B/92 on the Basis for the National Health System;

(g)National Strategy for Food and Nutritional Safety;

(h)Rural Development Program (PDR).

94.To strengthen the protection of and to promote the rights of children:

(a)Approval of eleven commitments concerning children among the Government, the United Nations System and Social Partners;

(b)Establishment of Networks to Protect and Promote the Rights of the Child, which are main spaces for the promotion and protection of children’s rights at the provincial, municipal and local levels;

(c)Adoption of the National Strategy for the Protection of Children who are Victims of Violence;

(d)Creation of the Juvenile Justice system under the Juvenile Justice Administration, which protects the rights of children who are in violation of the law.

95.Areas of vulnerability caused various social groups to be the target of Government measures, with restraints established that are intended to protect children from neglect, abuse, physical and emotional violence, discrimination, sexual exploitation, prostitution, human trafficking, child labor, and the effects of HIV/AIDS. For effective protection [sic].

M.Citizens’ participation in public life (art. 25)

Nationality

96. Pursuant to Law No. 1 of 1 July 2005, in harmony with article 9 of the CRA, Angolan nationality may be achieved at birth or acquired. One is a national by birth if one is born in Angolan territory or through kinship, that is, one is the child of an Angolan father or mother. No one who is an Angolan national by birth can be deprived of that original nationality. Acquired nationality or citizenship is achieved, when the applicant, as of the date citizenship is requested, satisfies the following requirements:

(a)Be of legal age pursuant to Angolan law (18 years old) and the law of the person’s country of origin;

(b)Residence in Angola for at least 10 years;

(c)Offer moral and civil assurances of the ability to integrate into society;

(d)Possess maturity to guide oneself and ensure one’s survival;

(e)Child of stateless parents and they request it.

97.The nationality of a spouse is affected only if that spouse elects to take on the nationality of the other spouse, if that person is a foreigner. Otherwise, the mere act of marrying a foreigner does not affect one’s nationality.

98.In the acquisition of citizenship through kinship, the weight of the father and of the mother is equal, because the law says that a person born of an Angolan mother or father is an Angolan citizen.

99.In order to acquire Angolan nationality, a person must satisfy the following requirements as of the date of their application:

(a)Be of legal age pursuant to Angolan law (18 years old) and the law of the person’s country of origin;

(b)Residence in Angola for at least 10 years;

(c)Offer moral and civil assurances of the ability to integrate into Angolan society;

(d)Possess ability to guide oneself and ensure one’s survival.

100.Angolan nationality may also be acquired upon application by an individual born in Angolan territory who does not possess another nationality or who is born in Angolan territory of parents who are unknown, whose nationality is unknown or who are stateless.

101.To be denied nationality, the following suffices:

(a)Voluntary acquisition of another nationality and renunciation of Angolan nationality;

(b)Performance, without authorization from the National Assembly, of sovereignty functions in favor of a foreign country;

(c)Minors born abroad of Angolans who acquire the nationality of that country and, when adults, deny being Angolan;

(d)Denial of being Angolan at an adult age, after being adopted by foreigners when a child;

(e)Being convicted of crimes against the security of the State;

(f)Providing military services to a foreign country, etc.

Exercise of citizenship

102.The exercise of citizenship is protected by the CRA in articles 52 (Participation in Public Life); 53 (Access to Public Positions); and 54 (Suffrage Rights), and governs the enjoyment of these rights.

103.All citizens who are eighteen years of age or older, with the exception of those legally deprived of their political and civil rights, have the right and the duty to participate actively in public life, voting and being elected to any body of the State, and carrying out their mandates with full devotion to the cause of the Angolan Nation. No citizen may be prejudiced as to his job, education, place of residence, professional career or social benefits to which he is entitled, due to holding political positions or exercising political rights. The law establishes restrictions only for candidates for the positions of Deputy and President of the Republic, for active military service, judges and the police forces.

104.The exercise of the right to vote is a civic, individual, personal and inalienable duty of all Angolan citizens. Voter registration by citizens is an essential condition to the exercise of this right, which is available only to citizens who enjoy active voting rights, namely, Angolans who are at least 18 years of age and are registered to vote.

105.The following do not have active voting rights: those prohibited from voting pursuant to a decision that is res judicata; those notoriously known to be insane, even if not interned in a hospital; those subject to a final long-term prison sentence who have not completed the sentence. Citizens who enjoy active voting rights have passive voting rights, except when the law establishes some ineligibility or other impediment on their performance of functions.

106.The following are ineligible when in office: the Ombudsman, the Members of the National Electoral Commission (CNE) and the Provincial and Municipal Electoral Commissions; the Members of the National Commission for Social Communication; Judges and Public Prosecutors; military personnel and active militarized agents.

107.With regard to passive voting rights in presidential elections, those eligible for the position of President of the Republic are native-born Angolan citizens who are 35 years of age or older, who have full enjoyment of their civic and political rights and are not subject to any general or special ineligibility pursuant to this Law.

108.Persons may be elected Deputies in the National Assembly who are Angolan citizens holding active voting rights, who have full enjoyment of their civil and political rights and are not subject to any general or special ineligibility.

109.The election of the President of the Republic must be called and carried out no later than 60 days prior to the end of the term of the President in office. The new President’s term begins when he takes office and ends when the new President elected takes office.

N.Ethnic minorities (art. 27)

110.Due to the significance of the concept, shortly after national independence was achieved, Angola approved laws that prohibit differences in treatment based on the fact of a citizen being a member of certain ethnic minority groups. Such persons are assured equal rights, without any discrimination, by article 23 of the CRA.

111.The Angolan Government encourages and incentivizes research into the various ethnolinguistic groups in Angola, including those with few speakers. By giving special importance to local administration, the Government has attempted to ensure that all communities enjoy basic fundamental rights, carrying out in turn social projects in partnership with public and private institutions intended to benefit these communities in terms of access to education, health, and land, among others.

IV.Human rights strategy through 2012

112.Angola is experiencing a time of peace, stability and democracy building, with the ambitions of a society that sees inalienable rights in political, cultural and social justice development. Thus, the Angolan Government developed an action plan on human rights to be implemented by 2012, in connection with the pursuit of the public interest, as follows:

Formulate a State policy on the promotion and protection of the fundamental rights, freedoms and guarantees of citizens, with regard to human rights, with the following actions:

Develop a strategy, plan and public policies on human rights, and develop, reformulate and adapt international instruments to ordinary legislation in accordance with the Constitution of the Republic of Angola

Strongly defend human rights, with the following actions:

Strengthen and improve the effectiveness of the work of various institutions seeking to promote and protect Human Rights at all levels, in all sectors (ongoing dialog with civil society)

Abide by the international and regional commitments made by the State, the United Nations, the African Union (AU) and the Southern African Development Community (SADC)

Continue to promote equal rights and opportunities for all Angolans, without prejudice regarding origin, race, gender, color, age, beliefs, political affiliation or any other form of discrimination, with the following action:

Reduce the asymmetries that exist among the different regions and among citizens

Encourage broader participation by women in all areas of national life, with the following actions:

Take action on the goals established in the Protocol of the Southern African Development Community concerning gender and development, which was ratified by Angola (one of the most innovative documents about gender equality)

Improvement of living conditions for women and social integration of youth

Promote the well-being, social solidarity and quality of life of all Angolans, with the following action:

Give priority, in terms of budgeting, to making citizens’ great social aspirations a reality, and to health, education and social assistance for vulnerable groups

Guarantee the freedom to meet and assemble, provided that public order and the freedoms and rights of other citizens are not endangered

Ensure citizens’ fundamental rights, freedoms and guarantees, and create the conditions necessary to make their economic, social and cultural rights a reality