Angola's Legal Landscape: Understanding The Country's Laws And Regulations

Angola's legal system is a civil law jurisdiction based on customary laws and Portuguese civil law. The country's constitution, adopted in 2010, is the supreme law of the land and outlines fundamental principles related to the state, politics, rights, and democracy. The country's legal system includes executive, legislative, and judicial branches, with the President of the Republic, the National Assembly, and the Courts serving as sovereign bodies.

Angola's laws cover a range of areas, including criminal procedure, civil procedure, administrative law, and human rights. The country's legal system also addresses specific issues such as birth registration, refugee rights, and the rights of persons with disabilities.

While Angola has faced criticism for its human rights record, it has taken steps to address these concerns, including decriminalising homosexuality and prohibiting discrimination based on sexual orientation.

Angola's constitution and laws

Angola's constitution was adopted on January 21, 2010, and came into force on February 5, 2010. It is the supreme law of Angola and is divided into eight titles and 244 articles. The constitution outlines Angola as a sovereign and independent Republic, based on the dignity of the individual and the will of the Angolan people.

The constitution establishes a multiparty democracy with a presidential regime, with the President of the Republic, the National Assembly, and the Courts as sovereign bodies. The President holds vast powers, including the ability to appoint the Vice-President, call general and local elections, and referendums, and declare a state of war or emergency.

The constitution guarantees certain fundamental rights, including freedom of expression, information, press, assembly, and association. It also defines Angola as a secular state, guaranteeing freedom of conscience, religion, and worship.

Despite the constitution's strong language on human rights, Angola has long been criticised for its human rights record. There have been reports of official corruption, limits on freedom of assembly and association, cruel and excessive punishment, harsh prison conditions, arbitrary arrests, and impunity for human rights abusers.

In terms of legislation, Angola follows the civil-law tradition, with legislation serving as the primary source of law. The legal system is based on Angolan customary laws and Portuguese civil law.

Human rights abuses

Angola's human rights record has been a cause for concern, with reports of abuses, repression, corruption, and the effects of the country's worst economic crisis since the end of its civil war in 2002. The country's law enforcement authorities have been implicated in the use of excessive or unnecessary force to prevent the right to peaceful assembly, resulting in arbitrary arrests, detentions, and, in some cases, unlawful killings.

In one instance, on May 26, several unidentified members of a security force fired on unarmed striking workers at the Caculo Cabaça Dam project in Cuanza Norte Province, killing three and injuring eight. Video footage of the incident circulated on social media, showing a line of security personnel approximately 150 yards away from a group of unarmed workers with their hands raised. The Cuanza Norte Provincial Command of the National Police confirmed the incident and stated that the security forces were responding to workers vandalizing property.

The right to freedom of association has also been threatened in Angola. The Status of Non-Governmental Organizations (NGO) bill, approved by parliament in May 2023, has been criticized by NGOs, who argue that it limits their right to association and gives the executive branch excessive power to interfere in their activities.

In terms of economic, social, and cultural rights, there have been issues as well. For example, during a dispute between the teachers' union SINPES and the government, SINPES called on the government to comply with a memorandum of understanding that provided for, among other things, a monthly salary of USD 2,000 for trainee assistant professors and USD 5,000 for full professors. The government failed to pay these salaries, and teachers faced underpayment and non-payment issues.

The severe and prolonged drought in southern Angola have also had a devastating impact on the rights to food and health, particularly for children. According to UNICEF, 3.8 million people needed humanitarian assistance, with 2 million of them being children. The government failed to provide timely relief, and NGOs and UN agencies like UNICEF and the World Food Programme addressed most of the needs.

Angola's authorities have also been accused of abusing the rights of persons with albinism and persons with disabilities. While the country adopted a National Action Plan for the Protection and Promotion of the Human Rights of Persons with Albinism and a similar plan for persons with disabilities, the UN Committee on the Rights of Persons with Disabilities noted that Angola's approach to disability fell short of international standards.

Laws regarding foreign citizens

Angola's legal system is based on Angolan customary laws and, fundamentally, Portuguese civil law. The legal system belongs to the civil law tradition, where legislation is the primary source of law.

Foreign workers in Angola must arrive with a work visa and must keep it current. Failure to do so may result in fines and arrest.

Foreigners must carry a certified copy of their passport (data page and visa) and/or identity documents at all times for identification purposes. Failure to do so may result in an on-the-spot fine of 15,000 Kwanzas (Angolan currency).

Foreigners should not take photos of people without their permission. It is also illegal to take pictures or use binoculars, maps, or GPS near government buildings, military installations, and key infrastructure. Angolan law defines key infrastructure broadly, including historic or abandoned train stations or airfields, and bridges of any dimension. Violation of this law may result in fines, confiscation of photographic equipment, and possible detention and arrest.

The Angolan Interior Ministry recommends that foreigners have a Portuguese-speaking contact if they don't speak Portuguese, in case of any dealings with the police or other authorities.

Laws regarding refugees

Angola's laws regarding refugees are largely informed by its status as a member of the United Nations (UN), the Southern African Development Community (SADC), the African Union (AU), the Economic Community of Central African States (CEEAC), and the Community of Portuguese-Speaking Countries (CPLP). The country has ratified or acceded to several international conventions, including the Convention relating to the Status of Refugees (1951) and the Convention Governing the Specific Aspects of Refugee Problems in Africa (1969).

Angola currently hosts about 57,000 refugees and asylum seekers, primarily from the Democratic Republic of Congo (DRC), with other nationalities including Guineans, Ivorians, Mauritanians, Somalis, Sudanese, and Eritreans. The UNHCR has been present in Luanda, Angola, for over 40 years, with a Field Office in Dundo since 2017. They work in partnership with the Angolan government to support the development of policies and legislation consistent with global commitments related to refugees, asylum seekers, and stateless persons.

The UNHCR's activities in Angola include supporting the government in ensuring that persons in need of international protection have unhindered access to territory and asylum, registration, documentation, and refugee status determination. They also provide humanitarian assistance to displaced populations and host communities to meet their basic needs and have full access to essential services and livelihood opportunities.

Angola's laws and policies regarding refugees are shaped by its international commitments and the work of organisations like the UNHCR. The country's legislation and policies aim to provide protection, assistance, and access to essential services for refugees and asylum seekers.

Angola's legal system

The Angolan Constitution, adopted in 2010, is the supreme law of the land. It establishes a multiparty democracy with a presidential regime, where the President is the Head of State and exercises executive power. The President is elected by the National Assembly, which is the main legislative body. The Constitution guarantees certain fundamental rights, including civil and political rights, social and economic rights, and freedom of religion. However, the government has been criticised for not effectively enforcing these rights and for engaging in human rights abuses.

The judiciary in Angola is made up of higher courts, including the Constitutional Court, the Supreme Court, the Supreme Military Court, and the Court of Auditors. The Office of the Attorney General is responsible for representing the state in criminal prosecutions and ensuring the legality of judicial functions.

In terms of specific laws, Angola has a Law on the Legal Regime of Foreign Citizens, a Nationality Law, and a Law on Birth Registration. The country is also a signatory to international agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

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