Introduction
1.The Angolan Government, in keeping with its extensive cooperation with the United Nations system in all areas, is pleased to submit herewith the clarifications and additional information requested.
2.These replies to the list of issues have been produced by the Intersectoral Commission for the preparation of national human rights reports.
General
Report preparation process
3.The seventh periodic report of Angola was prepared by the Intersectoral Commission for the preparation of national human rights reports established by resolution No. 121/9 of 22 December, updated by Presidential Decree No. 29/14 of 26 March. It was coordinated by the Ministry of Justice and Human Rights and involved several other ministries, along with the Ombudsman and the National Assembly on an ongoing basis, and civil society was invited to participate.
4.On 6 April 2017, a public debate was held with civil society organizations on the implementation of the recommendations of the sixth report in order to gather contributions for the seventh report.
5.The Ministry of Social Action, the Family and the Advancement of Women (MASFAMU) and the National Council for Social Action (CNAS) have held sectoral meetings on rural women, in both cases with the participation of civil society organizations.
Legislative framework
Application of the Convention directly by the Courts
6.According to article 13 of the Constitution of the Republic of Angola and Act No. 14/11 on international treaties, the international norms and conventions ratified by Angola are integrated as norms of domestic law.
7.Angola is a country that, as an independent, democratic State under the rule of law, is still relatively young; much of its legislation is therefore inspired by the international conventions to which it is a party, for example, the Convention on the Elimination of All Forms of Discrimination Against Women. In practice, the result is that judges, in most cases, apply national laws that already embody the spirit and the letter of the conventions, while not always quoting them directly.
8.Sixty per cent of cases in the ninth section of the Luanda Court cite the Convention.
Steps taken to adopt an anti-discrimination law
9.Non-discrimination between men and women is constitutionally guaranteed and further specified in the Family Code, the Gender Violence Act, the national policy for gender equality and equity and the strategy for advocacy and resource mobilization for policy implementation and monitoring. In addition, it is aligned with Sustainable Development Goal 5.
Visibility and dissemination of the Convention
Measures taken for dissemination and training on the Convention
10.One of the measures taken by the Government to ensure awareness of the Convention within the Parliament, the Government and the judiciary was to involve them as collaborators in the organization of talks and seminars on gender, domestic violence, early pregnancy and maternal and neonatal deaths, training of gender mobilizers and activists, etc. Informational materials were also distributed: brochures on gender concepts, the campaign on early marriage and pregnancy, national gender policy and international, regional and national instruments:
•Talks on gender and family by the Ministry of Social Action, the Family and the Advancement of Women (MASFAMU): 1,430 participants in 2014; 950 in 2015; 120 in 2016;
•Gender and family seminars organized by MASFAMU: 203 participants in 2014; 39 in 2015; and 33 in 2016;
•Gender mobilizers and activists trained: 102 participants in 2014; 538 in 2015; and 212 in 2016;
•Social mobilizers and activists trained: 1,162 participants in 2014; 289 in 2015; and 212 in 2016;
•Vocational training completed: 432 participants in 2014; 392 in 2015; 23 in 2016.
11.With the aim of disseminating the Convention to the general public, judges, prosecutors, lawyers and other law enforcement officials, the following booklets and books were distributed:
•On gender policies (MASFAMU): 5,391 copies;
•Southern African Development Community (SADC) Protocol on Gender and Development (MASFAMU): 418 copies;
•African Charter on Human and Peoples’ Rights and its Additional Protocol on the Rights of Women in Africa (MASFAMU): 475 copies;
•Decade for Women (MASFAMU). 487 copies;
•Convention on the Elimination of All Forms of Discrimination against Women (MASFAMU). 512 copies;
•Gender policy in comic book format (MASFAMU). 625 copies;
•“Women’s rights: Angola’s national and international commitments” (MASFAMU). 1,000 copies.
12.Dissemination of the recommendations on the website of the Ministry of Justice and Human Rights: http://servicos.minjusdh.gov.ao.
13.The curriculum of the National Institute of Judicial Studies (INEJ), the institution responsible for the training of public judges and magistrates, includes a one-semester course on human rights, which includes the specific topic of the Convention on the Elimination of All Forms of Discrimination against Women.
14.The subject of human rights is covered at the Institute for Advanced Studies in Police and Criminal Science.
15.The Ministry of Justice and Human Rights and the Ministry of the Interior signed a cooperation protocol on human rights in July 2018 and one of the actions planned is training in human rights, including the subject of the Convention, for law enforcement personnel. The first seminar for training of trainers was held in September 2018.
Access to justice
Contribution of judicial reform to increase access to justice
16.The Act on the organization and operation of the courts of ordinary jurisdiction (Act No. 2/15 of 2 February) establishes the principles and rules for the organization and operation of the courts of ordinary jurisdiction, which are also called judicial courts. With the entry into force of this law, the aim is to make justice more expeditious, effective and accessible to citizens, including low-income women and girls, by expanding the network of courts so that access to justice is closer geographically, and coincides with the administrative divisions of the national territory.
17.Currently, the number of courts operating in the ordinary jurisdiction are:
•Supreme Court, which has 20 active justices;
•Nineteen (19) provincial courts (327 judges and 11 active municipal magistrates), which with the gradual implementation of Act No. 2/15 of 2 February (on the organization and operation of the courts of ordinary jurisdiction), now in force, will cease to exist, to be replaced by sixty (60) district courts, which are the courts of first instance, with jurisdiction in the territory of the respective district, and which can be split into chambers with special jurisdiction for criminal offences as warranted by the volume, nature and complexity of cases; they are designated by the name of the municipality in which they are established;
•Five (5) appeals courts, which are the courts of second instance, established in each judicial region.
18.In addition, with the aim of improving access to justice for all citizens, including women and girls, the out-of-court dispute settlement centres are in operation, which during the period 2015–2018 had the following case volumes: 2015: 195 legal information and 261 legal consultations; 2016: 77 legal information and 910 legal consultations; 2017: 182 legal information and 455 legal consultations; 2018 (January–September): 101 legal information and 329 legal consultations.
Measures to resolve inconsistencies between statutory law and customary law and to address practices that discriminate against women and girls; extrajudicial conflict resolution mechanisms
19.With regard to the measures envisaged to resolve inconsistencies between statutory law and customary law and to address practices that discriminate against women and girls, article 7 of the Constitution of the Republic of Angola enshrines the validity of customary law that is not contrary to the dignity of the person; and article 23 establishes the principle of equality between men and women.
20.The bodies working to resolve possible conflicts in this area are the National Directorate for Extrajudicial Conflict Resolution (department of community support), the National Directorate of Human Rights (both under the Ministry of Justice and Human Rights) and the State dispute settlement chamber of the Office of the Public Prosecutor of the Republic.
21.The Ministry of Justice and Human Rights, the Public Prosecutor’s Office, the Ministry of Culture and MASFAMU are working in this area, with the support of NGOs such as the Lutheran World Federation, the Platform for Women in Action, the Forum of Women Journalists for Gender Equality and the Association of Women Jurists (AMCJ).
22.The mechanisms for extrajudicial conflict resolution operate on the basis of Act No. 12/16 of 1 August, the Dispute Mediation and Conciliation Act, which provides for the possibility of general criminal and civil mediation through the out-of-court dispute settlement centres (CREL), where no established rights are at stake, as well as voluntary or institutional arbitration based on Executive Decree 290/17 of 17 May.
23.The Luanda CREL was established by Executive Decree No. 230/14 of 27 June and is fully operational.
24.In the period 2013–2018 there were no recorded cases of discrimination against women that were referred to extrajudicial conflict resolution mechanisms.
25.Information campaigns on women’s rights and training for traditional authorities have been carried out.
Women, peace and security
National Plan of Action for the implementation of resolution 1325 (2000)
26.In order to reinforce the importance of women’s participation in all spheres of society, the Angolan Government approved Presidential Decree No. 143/17 of 26 June, on the National Plan of Action for the implementation of United Nations Security Council resolution 1325 (2000) on women, peace and security. It was elaborated with the participation of various ministries, civil society organizations, non-governmental organizations and churches. In order for it to be accepted by everyone, the presentation of the plan began in 2017 in all the provinces of Angola.
27.The Ministry of Social Action, the Family and the Advancement of Women, as coordinator of the implementation of the Plan, is currently preparing, together with the bodies concerned, a report on women, peace and security in Angola.
28.Angola was the seventy-third country in the world to develop a plan of action for resolution 1325. Angola has been part of the Women, Peace and Security Focal Points Network since May 2018. Women frequently participate in peacekeeping missions. Recently, a significant number of women from the Armed Forces and the National Police participated in an SADC peacekeeping mission in Lesotho.
National machinery for the advancement of women
National Policy for Gender Equality and Equity, women’s rights in the field of policy and mandate of the Ombudsman (Provedor da Justiça) to promote and protect rights and gender equality
29.The implementation of the National Policy for Gender Equality and Equity requires a combination of efforts with various ministries of the Angolan executive branch, the private sector, civil society organizations and political parties and involves, at the institutional level, the central, provincial, municipal and communal governments. MASFAMU also collaborates with United Nations agencies (United Nations Population Fund — UNFPA — and United Nations Development Programme — UNDP).
30.The first report on gender statistics in Angola was prepared in collaboration with the National Statistics Institute (INE) in the framework of the collaboration with UNDP and UNFPA. The document is prepared biannually in order to create a usable gender-sensitive mechanism and strengthen the national capacity to report on and monitor gender equality in all the agreed targets of national, regional and international instruments. It should be noted that work is currently underway on the second report, which should be completed by the end of 2019.
31.The workshop on budgeting from a gender perspective had a positive impact at the national level because, through the training of those responsible for preparing the programmes, projects and plans for institutions, they were enabled to organize their actions taking into account the needs of women and men in their localities.
32.The institution responsible for gender equality is the Ministry of Social Action, the Family and the Advancement of Women (MASFAMU) with representation in all the provinces through offices for social action, the family and the advancement of women; at the municipal and community level it works with municipal administrations and civil society organizations whose mission is the promotion of gender equality and equity and combating violence in communities.
33.Coordination is ensured through joint technical and methodological meetings and the collection of information on the implementation and impact of actions through the Multisectoral Gender Council, where all members (ministries, civil society organizations and non-governmental organizations and churches) participate.
34.The mandate of the Ombudsman is enshrined in article 192 of the Constitution of the Republic of Angola and implemented through Acts No. 4/06 (Statute of the Ombudsman) and No. 5/06 (Organic Law on the Ombudsman), both of 28 April.
35.Under article 192, paragraph 1, of the Constitution, 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 actions of the public administration.
36.In light of the constitutional imperative (article 192, paragraph 4), citizens and legal persons may submit complaints to the Ombudsman concerning actions or omissions of public authorities, which he assesses without decision-making power, addressing to the competent bodies the necessary recommendations to prevent and redress injustices.
37.Act No. 4/06 of 28 April 2006 (Statute of the Ombudsman) establishes the powers and jurisdiction of the Ombudsman.
38.It should be noted that, in addition to organic and operational independence, the Ombudsman is endowed with administrative and financial autonomy; the budget of the Office of the Ombudsman is incorporated in the budget of the National Assembly (article 40 of Act No. 4/06 and article 15 of Act No. 5/06, both of 28 April). Meanwhile, the process of amending the Act on the Statute of the Ombudsman and the Organic Law on the Ombudsman is underway and provides for a budget not linked to that of the National Assembly.
39.Within the scope of its mission, as enshrined in the Constitution and in the terms of its statute, the activity of the Ombudsman consists of assessment of complaints submitted by citizens individually or collectively, concerning either actions or omissions of entities or agents of the public administration, or violations of the rights, freedoms and guarantees or legitimate interests of citizens, without decision-making power.
40.The Ombudsman, in the Republic of Angola, has no specific mandate to protect and promote women’s rights and gender equality.
41.Meanwhile, within the scope of the generic mandate enshrined in the Constitution and specified in the Act on the Statute of the Ombudsman (defence of the rights, freedoms and guarantees of citizens, lato sensu, defence of human rights, which include the rights of women as citizens), the Ombudsman has received several complaints from women, although not from the perspective of gender discrimination, which have been duly addressed. When complaints do not fall within the scope of the jurisdiction of the Ombudsman, they are referred to the competent bodies.
42.In all the reports submitted by the Ombudsman, the gender differential in terms of the citizens who use the Ombudsman’s services is striking. It is men who most often have recourse to the Ombudsman. During the period from 2013 to 2017, the following activity was recorded in relation to gender:
•2013: 389 complaints filed by men; 138 by women, 85 collective. Total: 612;
•2014: 428 complaints filed by men; 103 by women; 81 collective. Total: 612;
•2015: 321 complaints filed by men; 80 by women and 13 collective. Total: 414;
•2016: 290 complaints filed by men; 61 by women and 17 collective. Total: 368;
•2017: 213 complaints filed by men; 56 by women and 32 collective. Total: 301;
•First half of 2018: 121 complaints filed by men; 56 by women and 32 collective.
43.The activity of the Ombudsman is independent of the measures of litigation and mediation provided for in the Constitution and the law.
44.The Ombudsman maintains a relationship with the judiciary in relation to issues of administrative justice or administrative law relative to the conduct of judicial proceedings when there is default in the proceedings or denial of justice, while never interfering in the merit of the case.
45.The Ombudsman may also plead unconstitutionality in the Constitutional Court and request information and the opening of proceedings in this regard when deemed necessary.
Discriminatory gender stereotypes and harmful practices
Measures to eliminate gender stereotypes, early and forced marriages and female genital mutilation
46.The executive branch created the Community Monitoring Centres (CACs), which function as forums for discussion on issues of concern in the communities, with the participation of community members, including the traditional authorities (sobas). This work has a socio-educational and training function and is multidisciplinary and multisectoral in nature.
•The initiatives undertaken include:
•Seminars on budgeting from a gender perspective for NGOs, gender activists and mobilizers at the community level;
•Workshops on sexual and reproductive health, challenges of family planning, HIV/AIDS and maternal and infant mortality, and combating domestic violence, and distribution of 35,397 condoms;
•Seminars and lectures on: gender and family, the role of the family in the education of children, women’s health and gender equality in the family and in the church; youth and early sexuality, the role of women in the challenges of the economy;
•Training activities on women’s empowerment, gender and business development; business consolidation and business management, and entrepreneurship in collaboration with the Federation of Angolan Women Entrepreneurs (FMEA);
•Training activities on women’s empowerment, gender and business development;
•Training activities on gender, leadership and associations and seminar on leadership from a gender perspective;
•Training seminars on domestic violence and dissemination of Act No. 25/11 and its regulations; seminars on early pregnancy and marriage and on sexual assault;
•Training of traditional midwives; training of women from associations and cooperatives in techniques of processing of agricultural products; training of members of civil society organizations and cooperatives in community leadership;
•Training activities and seminars on concepts of the gender approach and how to develop membership in associations;
•Talks on the importance of traditional midwives; entrepreneurship from an agricultural perspective; incentives for literacy, and development of association membership.
•Stakeholders: ministerial departments; civil society organizations and grass-roots community organizations;
•Results obtained: public interest in gender knowledge; involvement of the sobas in raising community awareness on the moral values of gender, violence and literacy; increased participation of women in cooperatives; presence of women’s cooperatives.
47.The proposed national strategy for the prevention of early pregnancy and marriage is being considered for approval.
48.There are no records of judgments on forced marriages under the Domestic Violence Act.
49.As for the harmful practice of female genital mutilation, the Angolan State has no record of cases because it is not a cultural practice of the peoples of the region. Nevertheless, due to the intense migratory movements, it has reinforced the prevention and repression of acts that violate the physical, sexual, and psychological integrity or right to life of refugee and immigrant women and girls.
50.The proposed Penal Code has a provision criminalizing female genital mutilation.
Gender-based violence against women
Executive Plan to Combat Domestic Violence
51.The Executive Plan to Combat Domestic Violence is a mechanism adopted by the Government to encourage women to report cases of violence.
52.The close cooperation between the Ministry of Social Action, the Family and the Advancement of Women, the Ministry of the Interior and the Ministry of Justice and Human Rights and civil society organizations has led to the prosecution of perpetrators based on the Constitution of the Republic of Angola, the Penal Code and Act No. 25/11 of 14 July on Domestic Violence.
53.Meanwhile, counselling centres and shelters provide victims with protection, including legal, medical and psychological support. Last year, these centres received 1,866 complaints, including 1,553 by women and 348 by men.
54.The Plan provides for training and awareness-raising programmes for the judiciary, the police, lawyers, health and social workers, the general public and, in particular, women.
55.The role of the Multisectoral Commission for the Implementation of the Plan is to monitor the status of implementation of the above-mentioned Act through periodic meetings; to discuss the issues regarding cases of violence and to present the solutions that need to be found by the member organizations.
Updating of data on domestic violence
56.With regard to domestic violence investigations and cases, 58 cases were tried in section 9 of the Luanda Provincial Court in 2013; 82 in 2014; and 60 in 2015. In the provincial courts these cases are treated as urgent in the criminal chambers.
57.Public and private entities are involved in the process of protection from and combating gender-based violence, including the Ministry of Justice and Human Rights (MJDH), the Office of the Public Prosecutor of the Republic (PGR), the Ministry of the Interior (MININT), the Ministry of Social Action, the Family and the Advancement of Women (MASFAMU), and United Nations agencies; along with civil society organizations, where each body plays its role within its mandate.
58.The Ministry of Justice and Human Rights, the Public Prosecutor’s Office and the courts, if they receive a complaint, make a request for a proceeding to be opened to investigate whether or not a crime has been committed. If there is sufficient evidence that a crime has been committed, and by whom, the Public Prosecutor’s Office, together with the court, initiates criminal proceedings and requests a trial to convict or acquit the alleged perpetrator.
59.As for the Ministry of the Interior, if it receives a report over the 113 telephone hotline of a gender-based crime, it opens an investigation through the Public Prosecutor’s Office and the police headquarters to determine whether or not a crime has been committed. If there is sufficient evidence that a crime has been committed, and by whom, the case is referred to the Public Prosecutor’s Office which, in turn, initiates criminal proceedings and a trial to convict or acquit the alleged perpetrator.
60.With regard to the Ministry of Social Action, the Family and the Advancement of Women, if it receives a complaint through the 15020 telephone line, it initially provides psychological assistance and, depending on the type of case, the victim is directed to go to a police station closest to his/her place of residence or the call is re‑routed to the 113 telephone line of the National Police, so that, in coordination with the Public Prosecutor’s Office, it can provide the appropriate legal response.
61.With regard to NGOs, in coordination with MASFAMU, MININT, MJDH, PGR and United Nations agencies, they have developed activities to raise awareness, report and combat gender-based violence.
62.The following is the SOS Domestic Violence call log between 15 November 2015 and April 2017: 1,102,176 calls received, of which 432,792 were answered, 136,280 had no interaction, 97,774 were dropped, 91,947 were prank calls, 29,647 were mistakes, 14,959 resulted from technical errors and 10,689 were unanswered. The merger of the Ministry of the Family and the Advancement of Women, which coordinates the SOS Violence line, and the Ministry of Social Assistance and Reintegration, which coordinates the SOS Minors line, is in the process of technical adjustment in order to adapt the structure to these two areas.
Trafficking and exploitation of prostitution
Data on cases of trafficking in persons
63.Over the past four (4) years, nearly 40 investigations were recorded on possible cases of trafficking in persons, a very low percentage of which involved women.
64.The victims were reintegrated with their families or received at shelters funded by the State and/or social organizations, spread over the 18 provinces.
65.Victims have access to legal, medical and psychological services.
66.Currently a law on the protection of victims, witnesses and accused persons, as well as a plan of action to combat trafficking in persons, both of which are an initiative of the inter-ministerial commission to combat trafficking in persons, are in process of being approved.
67.There are no known allegations of complicity of law enforcement officers in trafficking cases but, if any such allegations were to be made, the officers concerned would be investigated and held responsible.
Data on exploitation of prostitution and reparations provided to victims
68.Currently, the Angolan legal system stipulates penalties for sexual trafficking of persons for the purpose of prostitution and sexual trafficking of minors of 2–10 years and 3–12 years’ imprisonment, respectively, in articles 20, 21, 22 and 23 of Act No. 3/14 of 10 February.
69.In the jurisprudence of the courts, there have been no cases of prostitution or exploitation, and accordingly no disaggregated data can be provided; it can be reported, however, that at this time there are two cases under investigation by the criminal investigation service involving promotion of prostitution and recruitment of prostitutes in exchange for payment.
70.These are cases No. 1444/18-05 with four defendants involved in organizing parties known as Bacanal de las Damas in which prostitutes are hired and paid by the clients at the party; the defendants are being charged with the crimes of criminal association and procurement; and No. 1249/18-02 with two defendants who are also engaged in the recruitment and exploitation of prostitutes known as chicas de oro [golden girls], and who are also being charged with criminal association and procurement.
71.The possibility of reparations for victims is envisaged in general terms in article 34 of the Angolan Code of Criminal Procedure which requires that, when issuing a verdict, judges must provide for reparations for victims, in addition to penalties of imprisonment. However, these reparations are available only at the end of the trial, when there is a verdict.
72.In areas where it is known that prostitution takes place, awareness-raising and information activities are being carried out on alternative types of work for women. There are non-governmental organizations which are working on protection of sex workers, education on HIV/AIDS prevention, and so forth.
Participation in political and public life
Participation of women in decision-making positions in political and public life and adoption of temporary special measures. Information on the presidential decree on non-governmental organizations (NGOs) of 2015
73.Angola acceded to the SADC Protocol on Gender and Development, which envisages a quota of 50 per cent.
74.The Political Parties Act ensures a minimum of 30 per cent representation of women on the lists of political parties taking part in general elections.
75.In this regard, MASFAMU and other ministries are organizing awareness-raising campaigns, lectures, etc, to ensure that the quotas are implemented, particularly during the municipal elections in 2020.
76.In order to ensure the participation of women in all sectors of life, the Multisectoral Gender Council has been established to highlight the situation of women in the various sectors, which are urged to include a gender perspective in their plans, programmes and projects.
77.The current percentages of women’s participation are as follows: Government: 37.5 per cent; Secretaries of State: 16.32 per cent; provincial governors: 11 per cent; Parliament: 30.5 per cent; public magistrates: 38 per cent; judicial magistrates: 40 per cent; officials of the Ministry of Justice and Human Rights: 49 per cent.
78.There has been an increase in women’s participation in local government. By way of example, in the capital (the city in which 30 per cent of the Angolan population lives) all the municipal authorities are headed by women.
79.The Presidential Decree on non-governmental organizations (NGOs) was declared unconstitutional by judgment No. 447/17, of 13 July, of the Angolan Constitutional Court; the law currently in force is therefore the Act on Private Associations, Act No. 6/12, and the previous regulations, which are to be amended, and which establish the modalities of formation of associations in Angola. There are currently 252 national organizations in Angola, 60 international organizations, 10 national foundations and 5 international foundations.
80.Women human rights defenders may freely advocate women’s rights and gender equality. The right of association (art. 48) is guaranteed by the Constitution and by Act No. 6/12.
81.No male or female human rights defenders have been arrested or convicted in the exercise of their activities.
Nationality and citizenship
Information on valid identity documents
82.Updated data (October 2018), disaggregated by sex and age, on the number of Angolans who hold identity documents:
•From 6 to 11 years: 187,470, of whom 95,318 are male and 92,152 — female;
•From 12 to 17 years: 706,392, of whom 395,192 are male and 311,200 — female;
•From 18 to 23 years: 1,767,004, of whom 962,696 are male and 804,308 — female;
•From 24 to 29 years: 1,614,473, of whom 955,570 are male and 658,903 — female;
•From 30 to 35 years: 1,594,194, of whom 917,249 are male and 676,945 — female;
•From 36 to 46 years: 1,604,326, of whom 991,315 are male and 613,011 — female;
•From 47 to 57 years: 848,482, of whom 496,473 are male and 352,009 — female;
•Over 58 years: 445,772, of whom 267,129 are male and 178,643 — female;
•Total: 8,768,113.
Education
Impact of the increase in the State’s expenditure on education, measures to prevent girls from being excluded from the education system and respect for the rights of LGBTI women in schools
83.The Ministry of Education organized a public competition for the recruitment of new teachers, as a result of which 20,000 new teachers were hired.
84.With regard to the plan for the construction and outfitting of 12 secondary schools, schools were built in Lunda Sul, Cuando Cubango, Cunene and Zaire. In the remaining eight schools, construction has been suspended because of difficulty in acquiring materials owing to fiscal constraints.
85.Measures taken to reduce illiteracy among women:
•25 PAAE (literacy and school acceleration programme) supervisors in Zaire province and 232 literacy teachers and 160 bilingual literacy facilitators have been trained;
•Monitoring visits have been made to literacy centres and 58 post-literacy classes in Zaire province;
•A total of 1,000 teacher’s manuals, 1,000 textbooks and 1,000 DVDs have been acquired and distributed to implement the project “Yes I can”;
•Work continues on the pilot implementation of the first cycle of adult secondary education in Huambo, Luanda and Malanje provinces. In 2018, a total of 453 students have been enrolled.
86.A database on literacy and post-literacy has been established to strengthen the national system.
87.Nearly 662,788 adults have become literate, with the support of the Angolan Armed Forces (FAA), the Fundação Eduardo dos Santos (FESA), civil society, churches and other organizations.
88.The literacy process is underway in rural areas, coordinated by the provincial education departments (with the support and participation of social collaborators such as Ajuda de Desenvolvimento de Povo para Povo (ADPP), Alfalit, the Angolan Association for Adult Education (AAEA), churches and others); a total of 285,445 adults are enrolled in module 1, as well as 82,125 in module 2 and 75,000 in module 3, and 200 solar panels have been acquired to ensure the supply of electricity.
89.Textbooks in national languages have been distributed in rural areas: 200,000 in Kimbundu (Bengo, Cuanza Norte, Malanje); 230,000 in Umbundu (Benguela, Bié, Huambo, Huíla, Cuanza Sul); 185,000 in Cokwe (Huíla, Lunda Norte, Lunda Sul, Moxico); 49,000 in Kikongo (Uíge and Zaire); 76,000 in Ociwambo (Cunene) and 184,000 in Ngangela.
90.With regard to progress achieved in the implementation of the strategy to prevent girls from being excluded from the education system, this strategy has not yet been implemented, owing to fiscal and organizational constraints, although efforts have been made to reactivate the steering committee on human rights of the Ministry of Education.
91.It should be noted that in the period 2013–2017, the school attendance rate in primary schools was 71 per cent for both sexes; the school attendance rates in secondary schools was 43% for boys and 37% for girls.
92.The national education plan makes provision for prevention of discrimination based on sexual orientation.
Employment
Inspections carried out under the General Labour Act of 2015 and impact of Presidential Decree No. 155/16, by which legal and social protection for domestic workers was established
93.Since the adoption of the new General Labour Act, Act No. 7/15 of 15 June, and up to 2017, a total of 19,581 companies were inspected, involving a total of 591,420 female and male workers:
•Companies covered: 7,147 in 2015; 7,050 in 2016; 5,384 in 2017. Total: 19,581;
•Workers covered:
•2015: a total of 247,495 — 189,564 men and 55,467 women;
•2016: a total of 191,072 — 147,637 men and 43,435 women;
•2017: a total of 152,663; 114,492 men and 38,171 women.
94.The violations discovered range from lack of a job classification system, disregard of labour norms in relation to social security, failure to transmit the payroll to the agency managing the compulsory social security system, non-registration of workers, improper withholding of social security contributions, lack of insurance against workplace accidents and occupational diseases, payment of wages after the 30-day limit, and lack of medical examinations, among others.
95.The penalties consisted of fines for the violations discovered, in accordance with the labour laws; the relevant rulings, and notifications to companies concerning the payment of fines, were issued as envisaged in Presidential Decree No. 154/16 of 5 August on the legal regime for infringements of Act No. 7/15, the General Labour Act, and supplementary legislation.
96.Presidential Decree No. 155/16, of 9 August, establishing legal and social protection for domestic workers, has been very well received by the intended beneficiaries, and is in process of implementation; its content has been disseminated through seminars, workshops, lectures, and the social media.
97.The Ministry of Justice and Human Rights and the Associação Observatório de Políticas Públicas na Perspectiva de Género (ASSOGE) are conducting a study on the situation of domestic workers, in addition to publicizing their rights through leaflets.
98.With regard to publicizing the rights of citizens, an agreement was signed with Angolan public television and a radio channel for dissemination of materials relating to the social protection of workers, so that as many people as possible are aware of their obligations and duties in respect of social security, thereby also enhancing their dignity.
99.In addition to information, training and lectures, taking into account the provisions of the law on the formalities and specific conditions relating to the domestic employment contract, arrangements were made for the issuance of employment record booklets, time sheets and registration in the compulsory social protection system (social security) in various service centres in order to expedite and simplify the process throughout the national territory. By October 2018, 616 domestic workers had registered with the compulsory social protection system.
100.In order to enable more people to move from the informal sector to the formal sector, Decree No. 42/08 of 3 July was adopted on the regime of self-employed workers, whereby any person who is engaged in an occupation without an employment contract or legal status and is not associated with the regime for employed workers may register and make contributions to the compulsory social protection system and thus receive social security benefits under the conditions established for other insured persons in the system.
101.With regard to equal pay, salaries in the public sector are paid by category in the civil service staffing table, regardless of gender; this principle does not allow for salary negotiations. The remuneration system for the civil service is established by Decree-Law No. 21-a/94 of 16 December, which applies to all central and local administrative bodies, public institutions and services that are under the Office of the President and the National Assembly.
102.With regard to equal pay in the private sector, this is governed by the job classification system which each private or public company must have, as it determines the placement of the worker in a post on the basis of the worker’s profile.
103.In relation to promoting the employability of women, notwithstanding the principle of equality, the Ministry of Public Administration, Employment and Social Security, through training centres, has carried out programmes designed specifically for women; these include the women’s training programme established under executive decree No. 267/15 which provides for women’s training courses and regulations at the national level, respecting local conditions, population density, labour needs, employment potential and socio-cultural characteristics.
104.The women’s training project is a course that aims to improve the occupational skills of women, especially in rural and peri-urban areas, with a view to promoting local employability and increasing family income. After this training, women are directed to the community entrepreneurship programme.
105.Microcredit is available specifically for women, in amounts varying between the equivalent in kwanzas of US$ 1,000 and US$ 5,000, with an interest rate of 1.60 per cent per year and a grace period of several months during which it is not necessary to make debt payments or pay interest.
Health
State budget in the health sector, maternal and neonatal mortality rates, the national sexual and reproductive health plan, legalization of abortion, national strategy for the prevention of early pregnancy and marriage and the national strategy to combat HIV/AIDS
106.The expansion of some of the health infrastructure was accompanied by a budget appropriation to the municipalities for primary health care, within the context of municipalization of health services, which aims to provide high-quality health care services for the promotion of health, and prevention and treatment of diseases that most affect the population, thereby bringing services closer to communities.
107.The implementation of programmes such as the integrated package of health care for mothers and children, which includes family planning, pre-natal consultations, vaccination, midwifery, post-partum consultations, newborn care, emergency obstetric and neonatal care and support for the growth and development of the child, have contributed to the reduction of maternal and infant mortality.
108.The percentage of the national budget allocated to the health sector for 2018 is 4.1 per cent and the projection for 2019 is 10 per cent; according to the national development plan, in 2022, the social sector should account for 20 per cent of the national budget.
109.With regard to sexual and reproductive health, there is a strategic plan that aims to raise the awareness of adolescents about sexual and reproductive health and has already led to the achievement of some progress as the rates of early pregnancy among girls under the age of 15 have fallen from 1.6 per cent in 2014 to 1.3 per cent in 2015. The strategy of comprehensive action for adolescent and child health was approved in collaboration with UNFPA, the United Nations Children’s Fund (UNICEF), the United States Agency for International Development (USAID), the Ministry of Education, the Ministry of Social Action, the Family and the Advancement of Women and the Ministry of Social Communications.
110.The project will benefit women of child-bearing age and children under the age of 5 in 21 municipalities in a group of seven provinces: Luanda, Lunda-Norte, Malanje, Moxico, Uíge and Cuando Cubango.
111.With regard to the criminalization of abortion, currently article 358 of the Penal Code prohibits abortion, with a view to protecting and preserving the life of the human person from conception. However, in clinical and therapeutic circumstances when the mother’s life is in danger, or when there are defects that will jeopardize the normal development of the foetus, a local medical board is set up to decide on termination of pregnancy before 22 weeks of gestation.
112.Within the framework of the new draft Penal Code (at the stage of final consideration in the National Assembly), article 158, voluntary interruption of pregnancy, is punished by a prison sentence of 1 to 5 years, except in the following cases: if it is the only way of avoiding death or serious and irreversible damage to the physical or mental integrity of the woman; if the foetus is medically certified to be non-viable; and if the pregnancy results from a crime against sexual autonomy and the termination takes place during the first 16 weeks of pregnancy.
113.The prevalence of HIV/AIDS in Angola is estimated at 2 per cent, the lowest in the southern region.
114.The National Institute to combat AIDS has developed measures that contribute to the achievement of the goals prescribed in the national health policy, with an emphasis on universal access and prevention, diagnosis and treatment of persons living with HIV/AIDS. In this regard, it was necessary to prioritize some interventions: integration of vertical prevention services with prenatal care; integration of anti-retroviral treatment and sexually transmitted infection services within the context of the municipalization of health services; elaboration of the national plan for the elimination of mother-to-child transmission and the preparation of a nurses’ manual concerning a new approach to prevention and treatment of pregnant women with anti-retroviral medication; and monitoring of drug resistance to anti-retroviral medication, to mention only a few measures. The fifth national strategic plan, 2015–2018, is almost coming to an end and the sixth plan covering the period 2019–2022 is in process of being finalized.
115.In Angola, the main prevention campaign has been carried out through television and radio programmes, training events for peer educators, lectures, workshops, forums, debates, distribution of condoms, informational materials, education and communications, interpersonal communication with various actors with a view to promoting safe behaviours, voluntary testing and free antiretroviral treatment.
116.Angola attaches great importance to internationally agreed recommendations, such as those of the Joint United Nations Programme on HIV/AIDS (UNAIDS), which establish, define and regulate the means, methods and procedures for protection of people with HIV/AIDS.
117.Angola also joined in the implementation of the 90-90-90: Treatment for all programme, with the objective that by 2020 90 per cent of all people living with HIV will know their HIV status, 90 per cent of all people with diagnosed HIV infection will receive sustained antiretroviral therapy and 90 per cent of all people receiving antiretroviral therapy will have viral suppression.
118.The proposed national strategy for the prevention of early pregnancy and marriage is currently under analysis with a view to approval.
Social and economic benefits
Gender equality in the national development plan for the period 2018–2022
119.The objectives of the national development plan (2018–2022) are organized into six areas of intervention, 25 strategic policies and 383 programmes of action. Area No. 1 — human development and well-being, in its policy 1 — population — consists of various programmes, including programme 1.1.3. Gender promotion and women’s empowerment, which has the following objectives:
•To promote equality of opportunity between men and women, with recognition of the role of women in all domains of society, political, economic, business, labour, personal and family, through information and awareness-raising in communities concerning gender issues;
•To ensure, in a more meaningful manner, empowerment of young women and rural women, through enhancement of their occupational skills.
120.These programmes promote improvement in the conditions and welfare of women in all areas: microcredit programmes, training of traditional birth attendants, advancement and empowerment of women, programmes to support rural women, support for victims of violence, cash transfers, etc.
121.In the area of women’s empowerment, MASFAMU is carrying out the following activities:
•Strengthening cooperatives led by women and creating incentives for the formation of new cooperatives;
•Facilitating access to microcredit;
•Registration of land owners in order to achieve the goals of the 2063 Agenda on land ownership: that at least 30 per cent of women should own land;
•Literacy programmes in the markets.
122.There are programmes to support the most vulnerable families. Through social welfare programmes, kits are provided for achieving financial autonomy, along with education and training in small business management. Through the programme for municipalization of social action, the population has been registered under the integrated system for the management of social action (SIGAS), with a view to identifying the most vulnerable persons. Thus, persons with the highest levels of vulnerability or in situations of social risk are immediately assisted with food and/or clothing. Furthermore, with the support of the European Union, details are being finalized to start making cash transfers to vulnerable families with children under the age of 5 years. It should be noted that this project was well received by the Government of Angola and the President directed that it be expanded for families with children under the age of 15 under their charge.
Climate change and natural disasters
Measures to integrate disaster risk reduction into development processes and to counter the adverse impact of climate change and the gender perspective
123.With regard to natural disaster risk reduction, the Angolan Government has drawn up a draft national strategy on climate change (ENAC) that identifies the risks inherent in the development process and disasters.
124.The strategy is a response to the targets which Angola established in its Intended Nationally Determined Contribution (INDC), whereby it proposes to unconditionally reduce greenhouse gas emissions (GEE) by 35 per cent by 2030 relative to the base year of 2005, and also, with international financing, reduce more than 15 per cent of its carbon emissions by 2030.
125.The mitigation actions set out in the strategy are divided by sectors (energy, agriculture, forests and other land use, industry and waste) and classified according to their most relevant contribution to the 17 Sustainable Development Goals, recognizing that the impacts of climate change are global and give rise to substantial economic losses and losses of biodiversity of significant economic value and affect public health, as there are visible changes in climate patterns.
126.Angola has attempted to integrate the adaptation pillar in its policies. In the area of adaptation, the following strategic documents should be noted:
•Long-term development strategy for Angola (Angola 2025), 2007;
•National programme of action for adaptation (PANA), 2011;
•National strategy on population and reforestation, 2010;
•Strategic plan for disaster risk management, 2011;
•National development plan for 2018–2022 (PND), 2018;
•National programme of action to combat desertification (PANCOD), 2014;
•Plan for preparedness, contingency, response and recovery from calamities and disasters (2016).
Rural women
Gender-specific goals set out in the national development plan and rural women
127.In fulfilment of the gender-specific targets established in the national development plan 2013–2017, the national directorate of women, gender equality and equity of MASFEMU has carried out various activities (see para. 44 of the list of questions).
128.Under the programme for the advancement of rural women, the Angolan Government has introduced policy measures to support traditional birth attendants in the area of training and supply of kits; help organizations, associations and cooperatives increase food production for families; and promote the concept of quality of life in communities through training of women heads of household in the use of local products and nutritional improvement.
129.In this regard, 3,450 traditional birth attendants have been trained and kits delivered; and a monitoring programme for rural women has been launched, involving 44,396 women in 217 communes and 159 municipalities in the 18 provinces. In addition, 46,300 rural women have become literate; 21,925 families will receive one hectare of land for agricultural production; 1,652 women have been trained in agricultural techniques; and 459 women have benefited from the programme of economic and productive restructuring through support to market gardening.
130.In order to increase the participation of rural women in the formulation of policies in areas that affect them, including access to land, agricultural inputs and food, various actions are under way that seek to empower women and enable them to develop sustainable agricultural cooperatives; the Government has provided subsidies in kind, such as seeds, soil and tractors, enabling them to boost output and send products from the field to the city, and to improve the quality of life of families, as exemplified by the following data:
•No. of women in cooperatives: 718;
•No. of men in cooperatives: 488;
•No. of women in associations: 3,098;
•No. of men in associations: 668;
•Total No. of women: 3,816;
•Total No. of men: 1,156;
•Total No. of members: 4,972.
131.With regard to income-generating opportunities, including access to markets, MASFAMU has distributed a total of 8,577 occupational kits and equipment for locksmiths, cobblers, tailors, moto-taxi drivers, repairers, carpenters, shoeshiners, mechanics, electricians, barbers, etc. benefitting 19,053 persons.
Disadvantaged groups of women
Migrant and asylum-seeking women and girls
132.All women in Angolan territory are protected by law. Migrants and asylum-seekers enjoy the same rights as Angolan citizens. Migrants’ rights are protected by the legal regime for aliens (Act No. 2/07 of 31 August) and asylum-seekers by Act No. 10/15 of 17 June, the Asylum Act.
133.The Asylum Act establishes the legal regime relating to the right of asylum, and defines the status of refugees. The body responsible for recognition of the right to asylum is the National Council for Refugees, an inter-ministerial body which, together with the Office of the United Nations High Commissioner for Refugees in Angola, is responsible for verifying the conditions for attribution of this status in accordance with the international and regional instruments on the matter. Its rules were approved by Presidential Decree No. 200/16 of 27 August, and the reception centre for refugees and asylum-seekers (CARRA), by Presidential Decree No. 204/18 of 3 September.
134.The Angolan executive branch reiterates its respect for the principle of legality and for the Geneva Convention on the status of refugees. In addition, it would work with the Office of the United Nations High Commissioner for Refugees on any reported cases of detention of minors and women asylum-seekers, but there have been no such cases.
135.In the context of measures to protect women asylum-seekers, refugees and migrants from all forms of violence, MASFAMU, in partnership with civil society (the Women’s Network), has conducted training activities in eastern and northern Angola for Angolan refugees arriving from Zambia and the Democratic Republic of the Congo, with a view to enhancing their social integration.
136.If such cases were to be found, there would be investigations and trials.
137.As to possible cases of bribery of police officers by undocumented migrants, this is an offence of active corruption that is punishable by imprisonment, both for the officer allegedly involved and for the undocumented migrant.
138.Migrants enjoy the same rights as nationals, except for exercise of political rights. Depending on length of residency in Angola, citizenship can be acquired, and there are cases of this type.
139.Act No. 2/16 of 15 April, the Nationality Act, clearly defines the criteria for granting Angolan citizenship to foreign nationals through naturalization, on the basis of Presidential Decree No. 157/17 July, article 9.
Marriage and family relations
Early marriage, polygamy and discriminatory laws and practices with regard to matrimonial and inherited property
140.Under article 24 of the Family Code, only persons over 18 years of age may marry.
141.With regard to the exceptions envisaged in article 24, paragraphs 2 and 3 of the Family Code, youths aged 16 and girls aged 15 may be allowed to marry after the circumstances of the case have been reviewed in accordance with the principle of the best interests of the minors.
142.The Family Code is currently being reviewed by the Commission for the reform of justice and the law, and one of the issues currently under discussion is matters relating to marriage. Meanwhile, in urban areas very few marriages take place on an exceptional basis, and the few such marriages that do occur are based on cultural practices. For example, in Malanje province, during 2017, only one marriage of a minor was registered, and there were none in 2018; in Huambo province there were five (5) in 2015 and none in the following years; in Lunda Sul there was one in 2017 and none in 2018; in Moxico and Bié there were none. This information demonstrates the rarity of underage marriages.
143.The proposed national strategy for the prevention of adolescent pregnancy and marriage 2018–2022 is in process of being approved. The priority actions to be implemented for the rights of children and adolescents by State institutions, civil society, the private sector, churches and other actors to promote the rights of children are designed to combat such practices.
144.In Angola, widows are protected by the Civil and Family Codes. If a widow was married under the community property regime, she is entitled to half the property acquired during the marriage (wages, pensions and other benefits), and this may include the family home where she generally continues to live with her children. If she was not married, a widow may acknowledge an “actual partner” or “de facto union” on the death of the partner and would have the same rights and benefits as women married under the community property regime.
145.Traditional or customary practices that are in conflict with the law are prohibited by the Constitution; all widows have access to legal assistance from family court prosecutors and judges who hold public sessions every day to provide legal advice, refer cases and initiate proceedings to protect the rights of widows.
Concluding comments
146.In Angola, in accordance with the National Development Plan, a number of policies and programmes are being implemented for the empowerment of women. These programmes are supported by various partners, such as United Nations agencies, NGOs, churches, and associations, among others. Women are a priority by virtue of constituting about 52 per cent of the population.