Angola's Human Rights Record: A Troubling Situation

Angola has long been criticised for its human rights record, with reports of abuses by security forces, restrictions on freedom of expression and assembly, and harsh prison conditions. While the country's constitution and law prohibit discrimination and guarantee certain freedoms, in practice, the government has been accused of failing to enforce these protections and even contributing to human rights violations. In recent years, there have been some efforts to address these issues, but international observers continue to express concern about the human rights situation in Angola.

Angola's human rights record

Angola's constitution and laws technically guarantee certain rights and freedoms, but in practice, the government often fails to enforce or respect these. For example, while the constitution defines Angola as a secular country and guarantees freedom of religion, in reality, the government has closed mosques and Islamic centres and schools, and refused to recognise Islam. Similarly, although the constitution and law provide for freedom of expression, including for members of the press, the government has been known to engage in illegal surveillance of journalists, who are subject to arrest, harassment, and charges of defamation when they are too critical of the government.

The right to peaceful assembly is also frequently disrupted by police, who have used excessive force and violence to break up demonstrations. Arbitrary arrests and detentions are common, and prison conditions have been described as "harsh and life-threatening".

There have also been reports of human rights abuses by state security forces, including the use of excessive force, intimidation, and arbitrary detention of peaceful protesters and activists.

In terms of economic, social, and cultural rights, there are issues with underpayment of teachers, forced evictions, and a lack of access to basic services like healthcare and education for refugees.

However, there have been some improvements in Angola's human rights record in recent years. Homosexuality was decriminalised in 2019, and following the 2022 elections, there was a significant increase in the number of women holding ministerial portfolios and positions of relevance.

Freedom of expression and assembly

Angola's constitution guarantees the rights to freedom of expression, assembly, demonstration, and all other means of expression. However, in practice, the country has been criticised for its poor human rights record, with reports of restrictions on these freedoms.

Freedom of Expression

The Angolan constitution and law provide for freedom of expression, including for members of the press and other media. However, the government does not always respect this right. While individuals are generally able to criticise government policies and practices without fear of direct reprisal, self-censorship is common.

There have been reports of attacks, harassment, and intimidation of journalists, particularly those reporting on corruption, poor governance, and human rights abuses. Journalists have also faced violence, harassment, and intimidation while covering peaceful demonstrations and election rallies.

In addition, the government has been accused of censorship and controlling the media to favour the ruling party. Private television media outlets seized by the state due to corruption investigations remain under government control, and independent stations have been kept off the air. The president appoints the leadership of all major state-owned media outlets, and state-controlled media rarely publishes stories critical of the ruling party, government officials, or government policies.

Freedom of Assembly

The Angolan constitution and law also provide for the right of peaceful assembly, but the government does not always respect this right. The law requires written notification to the local administrator and police three days before public assemblies are held, and while government permission is not required, authorities can restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic, or consular buildings for security reasons.

The government has permitted demonstrations, including anti-government protests, but at times has prohibited events based on security considerations. Politically unaffiliated groups intending to criticise the government often encounter a heavy police presence that prevents them from holding their event or limits their march route.

International Law

Angola is party to several international treaties that guarantee the right to freedom of expression and assembly, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights.

Under international law, freedom of expression may be restricted during a declared state of emergency. In addition, there are some restrictions authorised by Articles 19(3), Article 21, and 22(2) of the ICCPR that apply normally. However, these restrictions are intended to meet strict tests of legitimacy, such as protecting a country's existence or territorial integrity.

Recent Incidents

During the 2022 elections, there were severe restrictions on freedom of expression and assembly, with limited access to information due to government repression and censorship in state-controlled media and private media outlets controlled by ruling party officials.

On April 9, 2022, police in Luanda arrested and charged 22 people who were peacefully protesting the detention of political prisoners and calling for free and fair elections. On July 31, police used batons and sticks to prevent a group of peaceful activists from gathering to protest the detention of political prisoners in Luanda, detaining at least 10 activists.

On August 17, police arrested dozens of protesters and civil society activists who had gathered to protest alleged election irregularities, including the Voice of America correspondent Coque Mokuta. On August 25 and 26, six activists from the civic movement "Mudei" were arbitrarily detained while trying to protest elections in Uije province.

Prison conditions

Angola's prisons are overcrowded, with a total capacity for 21,000 inmates but holding approximately 25,000. This has resulted in authorities frequently holding pre-trial detainees with sentenced inmates, as well as short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. In addition, inmates who are unable to pay court-ordered fines remain in prison, even after completing their sentences, awaiting release warrants from higher courts.

Inadequate food and water, as well as poor sanitation, are also prevalent issues in Angolan prisons. Local non-governmental organisations (NGOs) have stated that prisons do not always provide adequate services such as medical care, sanitation, potable water, or food. It is common for families to bring food to the prisoners.

Furthermore, the lack of medical care in prisons is a serious issue. Various ailments, including malaria, are common and often go untreated. The lack of electricity in at least one prison further exacerbates the issue.

The combination of these issues has led to deaths in custody. In addition, guards routinely steal from inmates, demand bribes for weekend passes and food deliveries from families, and rape female inmates.

Independent monitoring of prisons by local observers is permitted by the government. However, civil society organisations face challenges in contacting detainees and entering prison facilities, hindering their ability to monitor and improve prison conditions.

Police conduct

Angola's police conduct has been a matter of concern for human rights organisations for many years. Human Rights Watch has documented several cases of police violence, including killings and use of excessive force against unarmed people. In 2023, the organisation reported that Angolan security forces had carried out more than a dozen unlawful killings and numerous other serious abuses against political activists and peaceful protesters since January of that year. This included the arbitrary arrests and detention of hundreds of people.

The Angolan government has been urged to adopt meaningful reforms for police conduct and to hold abusers accountable. Human Rights Watch has also called on the international community to press the government to take action against those responsible for abuses.

There have been reports of police using excessive force when enforcing COVID-19 restrictions. For example, in 2020, security forces killed at least seven people while enforcing these restrictions. There have also been reports of police violence and arbitrary arrests during public demonstrations against the government.

In terms of legal protections, the Angolan constitution and law prohibit arbitrary arrest and detention. However, in practice, security forces do not always respect these prohibitions. The constitution also provides for the right of peaceful assembly, but this right is not always respected by the authorities.

Overall, while there have been some efforts to improve police conduct in Angola, serious concerns remain about the use of excessive force, arbitrary arrests, and other abuses.

Gender inequality

Angola has been criticised for its human rights record, with a 2012 report by the U.S. Department of State noting issues such as official corruption, restrictions on freedom of assembly and expression, and discrimination and violence against women. While Angola's constitution and laws prohibit discrimination based on gender, and women are legally entitled to equal rights, societal discrimination is widespread, especially outside of cities.

Angola has made some progress towards gender equality, with improvements in indicators related to gender equality and an increase in the number of women holding ministerial portfolios and positions of political power. As of February 2021, 29.6% of seats in parliament were held by women, and the country has committed to fulfilling international agreements on women's rights and development. However, gender inequality persists, especially at the highest levels of political power.

Violence Against Women:

Violence against women is a significant issue in Angola. According to a 2018 report, 24.7% of women aged 15-49 reported experiencing physical and/or sexual violence by an intimate partner in the previous 12 months. Rape, including marital rape, is illegal and punishable by up to 12 years in prison. However, due to limited resources, most cases are not prosecuted. Domestic violence was criminalised in 2011 and is punishable by up to eight years in prison and monetary fines, yet prosecutions are reportedly rare. Sexual harassment is also common and may be prosecuted under assault and battery or defamation statutes, but again, prosecutions are rare.

Reproductive Rights and Health:

Reproductive rights and access to health services are areas of concern for women in Angola. In 2016, only 29.8% of women had their family planning needs met with modern methods. Women in rural areas face more barriers in accessing sexual and reproductive health services and post-abortion emergency services due to a lack of resources and health programs in these regions. Maternal mortality rates are high, partly due to inadequate access to health facilities and skilled obstetric care. The adolescent birth rate is also high, with 163 births per 1,000 women aged 15-19 as of 2014.

Child Marriage:

Child marriage is another issue, with the traditional age of marriage among lower-income groups coinciding with the onset of puberty. The legal age for marriage with parental consent is 15 for girls and 16 for boys, but this is not effectively enforced.

Employment and Occupational Restrictions:

Women in Angola face legal restrictions on their employment in certain occupations and industries that are deemed hazardous, including jobs in factories, mining, agriculture, and energy. There are also gender pay disparities, and women generally hold low-level positions.

Education:

Education enrolment rates are higher for boys than for girls, especially at the secondary level. Parents in rural areas are more likely to send boys to school than girls. Additionally, a lack of access to running water and sanitary facilities at schools disproportionately affects teenage girls, impacting their school attendance.

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