AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de l’Homme &
des Peuples
31, Bijilo Layout Annex, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505/4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Website: http://www.achpr.org
REPORT OF THE JOINT HUMAN RIGHTS PROMOTION MISSION TO THE
REPUBLIC OF ANGOLA
From 3 to 7 October 2016
1
CONTENTS
ACKNOWLEDGEMENTS .................................................................................................................. 4
Acronyms and abbreviations .............................................................................................................. 5
PART I .................................................................................................................................................... 6
I.
INTRODUCTION ......................................................................................................................... 6
II.
TERMS OF REFERENCE ............................................................................................................. 7
III.
HISTORICAL, GEOGRAPHICAL AND INSTITUTIONAL BACKGROUND OF THE
REPUBLIC OF ANGOLA .................................................................................................................... 9
A.
HISTORICAL, SOCIO-ECONOMIC AND GEOGRAPHICAL OVERVIEW............... 9
A.
LEGAL FRAMEWORK........................................................................................................ 9
A.
HUMAN RIGHTS RELATED INTERNATIONAL AND REGIONAL
CONVENTIONS AND LEGISLATION RATIFIED AND ADOPTED BY ANGOLA ............ 9
IV.
METHODOLOGY .................................................................................................................. 10
PART TWO.......................................................................................................................................... 12
I.
CONDUCT OF THE MISSION................................................................................................. 12
MEETING WITH THE MINISTER OF JUSTICE AND HUMAN RIGHTS................................ 12
MEETING WITH THE MINISTER OF EXTERNAL AFFAIRS (MIREX) ................................... 14
MEETING WITH THE MINISTER OF HEALTH .......................................................................... 15
MEETING WITH THE MINISTER OF FAMILY AND WOMEN’S EMPOWERMENT .......... 17
MEETING WITH THE PRESIDENT OF THE SUPREME COURT ............................................. 21
MEETING WITH THE PUBLIC PROSECUTOR ........................................................................... 22
MEETING WITH THE OMBUDSMAN .......................................................................................... 24
MEETING WITH THE MEMBERS OF THE PRESIDIUM OF THE NATIONAL ASSEMBLY
AND THE TENTH COMMISSION ON HUMAN RIGHTS, PETITIONS AND CITIZEN
OPINIONS ........................................................................................................................................... 25
MEETING WITH THE MINISTER OF INTERIOR ........................................................................ 27
MEETING WITH THE MINISTER OF EDUCATION .................................................................. 28
MEETING AT THE MINISTRY OF SOCIAL COMMUNICATION ........................................... 30
WORKING SESSION WITH UNDP ................................................................................................ 32
VISIT TO THE NATIONAL AIDS CONTROL INSTITUTE ........................................................ 33
VISIT TO THE VIANA PRISON ...................................................................................................... 34
VISIT TO THE INDUSTRIAL CENTRE OF THE VIANA PRISON ............................................ 35
VISIT TO THE SAO PAULO PRISON HOSPITAL ....................................................................... 35
MEETING WITH CIVIL SOCIETY .................................................................................................. 35
PART THREE ...................................................................................................................................... 38
2
I. OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN
ANGOLA ............................................................................................................................................. 38
A.
AREAS OF CONCERN .......................................................................................................... 40
II.
CONCLUSIONS AND RECOMMENDATIONS ................................................................... 42
3
ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) expresses its
appreciation to the Government of the Republic of Angola for accepting to host the joint
human rights promotion mission conducted by a Delegation of the Commission from 3
to 7 October 2016.
The Commission extends its sincere gratitude to the Highest Authorities of the State for
providing the Delegation with the necessary means and making available the required
personnel for the smooth conduct of the mission.
It expresses its appreciation and deep gratitude to the Ministry of Foreign Affairs
(MIREX) for the support in organizing the mission.
The Commission also wishes to thank the various national institutions and international
and inter-governmental organizations for accepting to meet with the Delegation and
providing relevant information on the human rights situation in the Republic of Angola.
4
Acronyms and abbreviations
ACHPR
AIDS
FAO
NGO
UNDP
UNICEF
: African Commission on Human and Peoples’ Rights
: Acquired Immuno-Deficiency Syndrome
: Food and Agriculture Organization of the United Nations
: Non-Governmental Organization
: United Nations Development Programme
: United Nations Children’s Fund
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PART I
I.
INTRODUCTION
1. The African Charter on Human and Peoples’ Rights (the African Charter), adopted on
21 June 1981 by the Assembly of Heads of State and Government in Nairobi, Kenya,
became effective on 21 October 1986. Articles 30 et seq. establish the African
Commission on Human and Peoples’ Rights (the Commission) thereby making it the
main organ of the African Union (AU) for the promotion of human rights.
2. Under Article 45 of the African Charter, the Commission is mandated to promote
human rights and fundamental freedoms enshrined in the Charter, ensure their
protection, ensure the monitoring of its implementation, interpret its provisions and
provide legal advice at the request of the Assembly of Heads of State and Government.
3. In addition, the Commission is tasked with collecting documents, undertaking studies
and researching on African problems in the area of human and peoples’ rights,
organizing seminars, symposia and conferences, disseminating information and
encouraging national and local institutions dealing with human and peoples’ rights.
4. In the implementation of this mandate of the Commission, Honourable Commissioner
Pansy Tlakula, Chairperson of the Commission and Special Rapporteur on Freedom of
Expression and Access to Information in Africa (Head of Delegation) led a joint human
rights promotion mission to the Republic of Angola from 3 to 7 October 2016, with
Honourable Commissioner Soyata Maiga, Vice Chairperson of the Commission,
Chairperson of the Committee on the Protection of the Rights of People Living with
HIV and Those at Risk, Vulnerable to and Affected by HIV and Chairperson of the
Working Group on Indigenous Populations/Communities in Africa. The Delegation
was accompanied by Mrs. Estelle Nkounkou Ngongo, Legal Officer at the Secretariat of
the Commission.
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II.
TERMS OF REFERENCE
5. The general objective of the mission was to enquire about the human rights
situation in Angola and monitor the implementation of recommendations made
following the presentation of the Combined Periodic Report of the Republic of
Angola to the African Commission at its 51st Ordinary Session held from 18 April
to 2 May 2012 in Banjul, The Gambia. The specific objectives of the mission were
as follows:
• Promote the African Charter, the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women (Maputo Protocol)
and all the other regional and international human rights legal
instruments;
• Advocate for the ratification of regional and international human rights
legal instruments that are yet to be ratified by Angola;
• Hold discussions with the Government on the legislative and other
measures taken to give full effect to the provisions of the African Charter,
the Maputo Protocol and the other ratified instruments;
• Share views and experiences with the Government of Angola and the other
human rights stakeholders in the country on strategies to improve the
enjoyment of these rights;
• Gather relevant information on the level of enjoyment of their rights by
women and girls as well as the obstacles they face in exercising these rights
in the legal, political, social, economic and cultural spheres;
• Seek information on the laws, plans, policies and programmes adopted by
the State Party giving effect to the provisions of the CEDAW and the
Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa (Maputo Protocol), and identify affirmative
action measures that have an impact on the lives of women, and if any,
persistent challenges;
• Engage in constructive dialogue with the Government on issues relating to
the right to freedom of expression and access to information;
• Hold discussions with stakeholders on local laws relating to the media as
well as policies and programmes regarding freedom of expression and
access to information in general and the Declaration of Principles on
Freedom of Expression in Africa in particular;
• Assess the impact of HIV/AIDS in the country and consult with
authorities and other stakeholders working to prevent the pandemic about
the legislative, policy and other measures introduced in terms of
prevention, treatment, care and support for people living with HIV
(PLHIV) and those at risk, vulnerable to, and affected by the disease;
• Assess the level of enjoyment of the rights of people living (PLHIV) and
those at risk, vulnerable to, and affected by the disease and identify
progress made as well as obstacles which infringe on the full enjoyment of
their rights;
7
•
•
•
•
•
•
Gather information on the situation of human rights defenders in the
Republic of Angola and, where necessary, make the various stakeholders
to understand the challenges faced in the effective enjoyment of their
human rights;
Gather relevant information on the situation of the rights of indigenous
communities, older persons, persons with disabilities, persons in detention
and other categories of vulnerable persons living in the Republic of
Angola;
Visit prisons and other detention centres in order to learn about the
detention conditions of prisoners;
Meet with all human rights stakeholders to, among others, hold
discussions on their programmes, their assessment of the human rights
situation in the country and the challenges faced in the conduct of their
activities;
Monitor the implementation of recommendations made by the African
Commission to the Government of Angola contained in the report of the
mission conducted to the country from 19 to 26 April 2010 and in the
Concluding Observations adopted at the 12th Extraordinary Session held
from 30 July to 4 August 2012 in Algiers, Algeria following the
presentation of its Combined Periodic Report;
Strengthen relations between the Commission and the State Party in the
area of the promotion and protection of the rights guaranteed by the
Charter and the other relevant national, regional and international legal
instruments.
8
III.
HISTORICAL, GEOGRAPHICAL AND INSTITUTIONAL
BACKGROUND OF THE REPUBLIC OF ANGOLA
A. HISTORICAL, SOCIO-ECONOMIC AND GEOGRAPHICAL OVERVIEW
6. Angola is a country situated on the west coast of Southern Africa with a total
surface area of 1,246,700 km². It shares a border with the Republic of Congo to the
North, the Democratic Republic of Congo to the North-East, the Republic of
Zambia to the East, the Republic of Namibia to the South, and is bordered to the
West by the Atlantic Ocean.
7. The country is divided into 18 provinces, 163 municipalities and 547 communes.
Languages spoken include Portuguese (official language), Bantu and other
African languages. Its population is estimated at 25,789,024 inhabitants including
13,289,983 women and 12,499,041 men1. It is composed of several ethno-linguistic
groups with specific cultural traditions. These include, in particular, the
Ovimbundu (37%), Kimbundu (24%), Bakongo (13.2%), Lunda-Tchokwe (5.4%),
Nyaneka-Humbé (5.4%), and Ngangela (5%).
8. The country’s economy is dependent on mineral resources, in particular,
diamonds and iron ore. Angola has oil resources and is the second largest oil
producer in Africa after Nigeria. It is the second largest source of diamonds in
Africa after Botswana, and the fourth in the world. Though the country is the fifth
largest economy in Africa, the standard of living has hardly evolved with 40% of
the Angolan population living below the poverty line and this creates wide
disparities between Angolans. Only 37.8% of the 21 million inhabitants have
access to electricity. According to the World Bank, about half of the population
have access to drinking water and only 34% in rural areas. The national
unemployment rate is 24%; unemployed persons, particularly those under 25
years, account for 60% of the population.
A. LEGAL FRAMEWORK
9. Angola is a democratic and secular Republic governed by the principle of
separation of the executive, legislative and judicial powers.
A. HUMAN RIGHTS RELATED INTERNATIONAL AND REGIONAL
CONVENTIONS AND LEGISLATION RATIFIED AND ADOPTED BY
ANGOLA
Regional instruments
http://www.cadenagramonte.cu/english/show/articles/24797:angola-with-more-than-25-millioninhabitants1
9
-
African Charter on Human and Peoples’ Rights;
Protocol to the African Charter on Human and Peoples’ Rights on the
rights of women in Africa;
African Youth Charter;
African Charter on the rights and welfare of the Child;
African Union Convention for the protection and assistance of internally
displaced persons in Africa (Kampala Convention);
OAU Convention governing the Specific Aspects of Refugee Problems in
Africa.
International instruments
- International Covenant on Economic, Social and Cultural Rights;
- International Covenant on Civil and Political Rights;
- Convention on the Elimination of all forms of Discrimination Against
women;
- Convention on the Rights of the Child;
- Convention against Torture and other cruel, inhuman or degrading
treatment or punishment and its Protocol;
- Convention on the Rights of Persons with Disabilities and its optional
protocol;
- Convention on the Rights of the Child.
IV.
METHODOLOGY
10. During the mission, the Delegation met with various representatives of the
Government and other stakeholders involved in the protection and promotion of
human rights in Angola to exchange ideas and gather relevant information in
order to assess the human rights situation in the country.
11. As an introduction, each of these meetings invariably commenced with a brief
presentation of the Commission, made by the Head of Delegation, describing its
organization, composition, mandate, operation and subsidiary mechanisms. The
recommendations made by past promotion missions conducted by the
Commission and its mechanisms to the Republic of Angola as well as their level
of implementation were extensively discussed during the Mission with the
various persons met. The Delegation also held discussions with the various
stakeholders on the obstacles which effectively prevent the enjoyment of human
rights in Angola.
12. The Delegation met the Honourable Ministers of Justice and Human Rights,
Health, Interior, Education and Family and Women’s Empowerment.
13. The Delegation also met with the Secretary of State for Cooperation at the
Ministry of External Affairs, the President of the Supreme Court, the State
Prosecutor and the Ombudsman.
10
14. The Delegation held working sessions with members of the Presidium of the
National Assembly and the Tenth Commission in charge of human rights,
petitions, grievances and opinions of citizens, and with representatives of the
Ministry of Social Communication, UNDP and civil society.
15. It visited the National AIDS Control Centre, the Sao Paulo prison hospital as well
as the Prison of Viana and its halfway house.
16. The mission received press coverage through the State-owned print and
broadcasting media. The mission ended with a press conference and the reading
of the final communiqué.
11
PART TWO
I.
CONDUCT OF THE MISSION
17. This part of the report focuses on the key issues discussed during meetings held
with the different stakeholders involved in the protection and promotion of
human rights in the Republic of Angola.
MEETING WITH THE MINISTER OF JUSTICE AND HUMAN RIGHTS
18. The Delegation was received by the Minister of Justice and Human Rights, Dr
Rui Jorge Carneiro Mangueira and the Secretary General, Dr Bento Bembe as
well as some of their collaborators for a working and debriefing session. After
presenting the objectives of the mission, one of which was to monitor the
implementation of recommendations made by the 2010 mission and those
formulated following the presentation of the Periodic Report of Angola in 2012,
the questions raised focused mainly on the following: statistical data to evaluate
the level of access of citizens to justice; the number of judges, men and women, in
comparison to the numbers noted during the 2010 mission;;. the training
programme for judges on the utilisation of human rights instruments; the
existence of statistical data on the impact of the law on sexual violence since its
adoption; and the measures taken in favour of victims, in terms of psychosocial
and legal support.
19. The Delegation then discussed the NGO registration process in Angola, in light of
the fact that certain civil society organizations continue to face difficulties in their
registration process. The reasons for the lack of a National Human Rights
Commission as well as the status of the law relating to freedom of expression and
the criminalization of defamation were also discussed.
20. The Minister pointed out that the Ministry, under its current name, has only been
in existence for 4 years. Prior to this date, issues relating to human rights were
dealt with by another body. The Ministry’s mandate is to, inter alia, facilitate
access to justice for all citizens and develop legislation relating to various issues.
It works in close collaboration with the bar association which receives support to
provide citizens with assistance to take legal action. According to him, out-ofcourt dispute settlement means (mediation) are also used by the Judiciary in
certain cases and a mediation centre was established in this regard following the
adoption of a law authorizing the settlement of civil disputes in this manner. An
information centre for public use was also established.
12
21. He recalled that Angola submitted its reports to the different committees and
treaty bodies (CEDAW, ECOSOC, ICCPR and UPR) and discussions for the
implementation of recommendations made by the African Commission (2010
mission and 2012 report) are currently underway. The country has also ratified
certain Conventions, including those relating to torture and its Protocol,
children’s rights and enforced disappearance. Other ratification processes are
underway.
22. In response to the concerns raised by the Delegation on the registration of NGOs,
the Minister explained that certain NGOs did not wish to comply with the
requirements of the new legislation on the NGO registration process, in particular
the provision requiring them to revise their articles of association in order to
ensure compliance with the newly established criteria, and this therefore made
them unlawful.
23. Regarding the establishment of the National Human Rights Commission
(CNDH), the Minister informed that the mission assigned to the CNDH was
already part of the mandate of the Ombudsman which assumed all the
responsibilities of the CNDH. It therefore was not necessary to duplicate efforts.
Moreover, although the Office of the Ombudsman was established by the
National Assembly, it was nonetheless an independent body.
24. He stated that freedom of expression is guaranteed by the Constitution, but its
exercise was not fully understood by certain media organizations, which had a
propensity for misuse. Despite this, no individual was detained for defamation or
related cases and brought before the courts despite the numerous complaints
against journalists. He however emphasized the need to educate citizens on
freedom of expression and the conditions of its enjoyment. The Government has
initiated a process to amend various laws so as to ensure their compliance with
the new Constitution. The Ministry of Justice is in charge of coordinating the
revision of the Family Code, the Civil Code and the new Election Code.
25. He indicated that statistical data on the level of access of citizens to justice was
not available, but significant efforts were deployed for the recruitment of judges,
whose numbers increased from 119 in 2012 to 332 in 2016. In general,
approximately 800 trials are held per year. The objective is to increase the number
from 80 to 100 trials per judge. Also, the Government plans to establish a system,
in regions where there are no lawyers, to provide citizens with easier access to
justice.
26. Statistical data on the impact of implementing the law on domestic violence is
not yet available and though there is no specific law on combatting violence in
general, this issue is dealt with in a section of the Criminal Code.
27. The Minister informed the Delegation that measures were being taken to address
issues relating to pre-trial detention and mechanisms put in place to monitor their
13
implementation, including legislative reforms as well as the adoption of a new
law in 2015 on prisons with an impact on the life of prisoners. Indeed, the
structure of prisons was reviewed and the issue of bail conditions addressed with
a view to reducing the prison population. The Government should make use of
the Commission’s guidelines in this area, in particular, the Guidelines on the
Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, Luanda
Guidelines Toolkit2 and the Guidelines on the Conditions of Arrest, Police
Custody and Pre-Trial Detention in Africa3.
28. He stated that the amnesty law would significantly contribute to reducing prison
population, as the new measures provide for the release of about 8,000 people.
The amnesty law will only concern prisoners who have not committed murder or
similar crimes, rape, been incarcerated for use of firearms, drug trafficking,
human trafficking and who were sentenced for less than 12 years. Issues still
persist in the treatment of prisoners. Also, budgetary resources are insufficient to
satisfactorily address the needs of prisoners.
29. According to the Minister, the opposition had refused to approve the adoption of
the Family Code and the Civil Code and wanted to redraft certain articles. He
was however confident that the adoption process will be completed by the end of
the year.
MEETING WITH THE MINISTER OF EXTERNAL AFFAIRS (MIREX)
30. The Delegation was received by the Secretary of State for Cooperation at the
Ministry of External Affairs (MIREX), Mrs Maria Ângela Teixeira de Alva
Sequeira Bragança, and discussions held on several topics of interest, including:
the state of ratification of regional and international human rights instruments as
well as the implementation of ratified instruments; whether the Ministry of
External Affairs or the Ministry of Justice was in charge of the ratification process
of human rights instruments; the number of women in the diplomatic corps; the
involvement of the Ministry of External Affairs in the implementation of
recommendations made by human rights bodies; and the functioning of the
Committee in charge of preparing related State reports.
31. In response to the concerns raised by the Delegation, the Secretary of State for
Cooperation said that a law had been adopted determining responsibilities of the
various ministries in the ratification of instruments. The ratification process is
hence initiated by the Ministry of Justice then submitted to the Cabinet and the
National Assembly. However, the translation into Portuguese of certain
instruments sometimes delays the process. In certain instances, a significant
length of time would elapse between the ratification by the National Assembly
2
3
http://www.achpr.org/fr/mechanisms/prisons-and-conditions-of-detention/guidelines_arrest_detention/
http://www.achpr.org/fr/mechanisms/prisons-and-conditions-of-detention/Guidelines-police-custody/
14
and the depositing of the ratification instruments by the Ministry of External
Affairs.
32. Regarding the presence of women in the diplomatic corps, she indicated that
there were 3 ambassadors, nearly 100 women directors in positions with
geopolitical dimensions and numerous women in management positions
throughout the country.
33. On the Committee in charge of preparing reports, she specified that it comprised
representatives of the different ministries but was not a standing committee and
only met when a report was to be prepared. The Committee faces certain
difficulties in the collection of statistical data.
34. The Secretary of State indicated that the implementation of recommendations
made following the presentation of the State’s periodic report in 2012 was
discussed by the committee in charge of preparing reports, and that the Ministry
of External Affairs also monitors implementation in collaboration with other
ministries.
MEETING WITH THE MINISTER OF HEALTH
35. During this meeting with the Honourable Dr Luis Gomes Sambo, Minister of
Health and his collaborators, discussions focused on the reduction in the health
budget and its impact on the populations, efforts made in the training and
recruitment of new doctors and nurses, the Strategic Plan on Maternal and Child
Mortality and Morbidity, and the implementation and evaluation of this plan.
36. Other concerns raised included ongoing specific programmes for older persons
and persons with disabilities, reproductive health, sexual education for young
people in schools and in rural areas, the Ministry’s assessment of the family
planning policy, and the national policy regarding medical abortion.
37. In the area of HIV/AIDS, the Delegation enquired about measures taken to fight
against discrimination, the impact of the National Strategic Programme to
Combat AIDS, particularly in the management of key populations (LGBTI, sex
workers and vulnerable persons), measures taken to fight against discrimination
in health centres, access to healthcare, reception and screening, measures in place
for providing support to young people and women in the fight against
HIV/AIDS, the prevalence of mother-to-child transmission, and the availability of
Anti-Retrovirals (ARV) for prisoners as well.
38. According to the Minister, the budget reduction was a consequence of a revision
of the national budget due to the current economic situation and affected all
ministries. Thus, the Ministry of Health had to reduce its budget by 40%. The
country was facing an emergency situation with the yellow fever and malaria
epidemic, and the Government made an effort by allocating foreign currency to
15
the Ministry. He expressed hope that satisfactory funding levels will be restored
in the future.
39. As part of efforts to increase the number of medical facilities across the country, a
hospital construction programme was put in place 10 years ago. Nurses and
doctors are being deployed to work at these facilities. Doctors are trained locally
and some abroad. To address the shortage of doctors and nurses, Angola signed
cooperation agreements with countries such as Cuba and Russia. However,
according to the Minister, closer attention should be paid to the quality of training
and the deployment of medical personnel across the country as they have only
covered 71% of their workforce needs. The existing health information system
still needed improvement.
40. The fight against maternal and child mortality was considered a priority by the
authorities as well as the efforts that remain to be made in terms of staff training.
In addition, a survey on maternal and infant mortality rates from 2011 to 2012
was being finalized.
41. With regard to HIV/AIDS, access to health services and care is guaranteed for all
without discrimination. National legislation on HIV/AIDS addresses the issue of
discrimination and a civil society NGO forum is working with the Government to
discuss discrimination-related issues in the fight against HIV/AIDS so as to make
concrete proposals on relevant solutions. The content of training programmes for
doctors and healthcare professionals had been revised to better equip them to
combat stigma and discrimination. Mapping of key populations and
identification of the most vulnerable groups was also under way.
42. The HIV/AIDS prevalence rate was still around 2.5% based on an ongoing
assessment of health system performance. The Minister acknowledged that more
significant investments were needed to conduct prevention programmes
specifically targeted at young people. A new programme on HIV/AIDS will also
be launched shortly.
43. Regarding the treatment protocol, a Recommendation had been made for Angola
to provide ARV therapy to all infected persons, namely HIV-positive individuals
and those who have already developed the disease, depending on the availability
of funds. In this regard, there are currently 500 centres providing ARV therapy.
The two key strategic areas developed included prevention of mother-to-child
transmission services and the integration of a related module in the training
programmes of nurses. The prevalence of mother-to-child transmission was 80%.
The protocol under the prevention programme was to provide treatment to all
pregnant women without distinction. The collection of relevant data remained a
challenge, however available data showed that vertical transmission (mother-tochild) was about 25%.
16
44. He said that prisoners had access to testing and condoms were available in
prisons. The Global Fund on HIV/AIDS supported part of the programmes while
other donors such as the World Bank provided 50% of the funding.
45. There are specific programmes for older persons and persons with disabilities, as
well as an inter-ministerial committee responsible for the social and medical
status of war veterans, of which the Ministry of Health is a member. With regard
to indigenous populations, although the State respects their rights and cultures,
there are no programmes specifically targeted at them. They are nonetheless
taken into account in the framework of certain development programmes.
46. Regarding the question of whether Angola had programmes to promote
traditional medicine, including evidence-based traditional treatments, in order to
prevent any negative impacts on existing health programmes that could arise due
to lack of control, especially in the fight against HIV/AIDS, the Minister
explained that he himself was a traditional healer and that although the
Government was promoting traditional medicine, there was still no real control
from a legal standpoint.
Promotion was done through research on
pharmacopoeia. Traditional healers have created a powerful association whose
ambition is to build a hospital where traditional medicine will be practiced.
47. The Minister stated that combatting harmful practices that have an impact on
women's health, such as early marriage, early pregnancy and female genital
mutilation, was within the purview of the Ministry of Family and Women's
Empowerment. However, the Ministry of Health also plays a key role in this area
and takes part in joint awareness campaigns to put an end to these practices.
48. According to him, medical abortions were permitted only to save a woman's life
and on medical order and not for social reasons. The decriminalization of
abortion under certain circumstances such as rape, incest, etc., is currently being
discussed within the framework of the revision of the Criminal Code.
MEETING WITH
EMPOWERMENT
THE
MINISTER
OF
FAMILY
AND
WOMEN’S
49. The Delegation was received by Honourable Maria Filomena Lobão Telo
Delgado, Minister of Family and Women’s Empowerment and her collaborators.
Issues discussed revolved around the following areas of interest: existing
measures to combat violence against women, including sexual and domestic
violence, the impact of programmes aimed at eradicating such violence, and the
availability of statistical data. Discussions also focused on centres dealing with
cases of violence against women and efforts made to strengthen these centres
since the 2010 mission.
50. The Delegation was also interested in the actions undertaken by the Ministry to
promote sexual and reproductive health and to combat harmful practices such as
unsafe abortion, early and forced marriage. It also enquired about the obstacles
17
encountered in combating these harmful practices and the measures put in place
to address them.
51. The question was raised regarding women's representation in decision-making
bodies, particularly the strategies put in place to increase their number and the
existence of a law on quotas at the National Assembly.
52. Other issues raised included the measures adopted to ensure access for women
to land, in particular, access for women in rural areas to land, inputs, drinking
water and loans as well as compliance with gender mainstreaming policies in
other ministries and the challenges faced.
53. In response, the Minister commenced by providing a brief overview of the
Ministry’s mandate. She indicated that the Ministry has two departments, one in
charge of family matters and the other of women's rights, and there were various
divisions and services within each of these departments. Several programmes
have been set up within the global context of the National Programme for
Women's Rights focusing, inter alia, on the advancement of women and
combating violence against women. There is also a specific programme for
women in rural areas.
54. Regarding violence against women, the Minister acknowledged that this was a
real challenge. She however stated that the legislation and Action Plan to combat
such violence were significant in helping to put an end to this problem. The
Action Plan involves civil society, various departments, academics and the
Ministry of Justice. It is coordinated by the Ministry of Family and the Ministry of
the Interior is also included depending on the severity of the case at hand. The
Ministry maintains special relations with civil society organizations working on
gender issues as well as with certain women's political organizations. Centres
handling cases of violence against women still exist and have been strengthened,
with the presence of counsellors. Shelters for women in critical situations have
also been set up. In addition, a toll-free number to report violence or seek help
was opened the previous year.
55. She pointed out that the rate of domestic violence was quite high, particularly
against women, and the causes were diverse. They include issues relating to
divorce, inheritance, child custody or refusal of paternity. The main objective of
the centres is to counsel women on their rights and to provide them with legal
assistance.
56. An association of female lawyers provides support for victims to access justice
and when the case goes beyond their powers, they refer it to the Courts,
especially when the case is linked to a crime. The Police has also established a
specific section on domestic violence. According to the Minister, the rape of girls
and young children was on the rise. They were mostly committed within the
family unit and, in many cases, involved incest committed by the father. Efforts
18
must be made in terms of prevention and awareness raising on this issue. In this
regard, the Ministry has developed a family skills programme in partnership with
UNICEF, churches and civil society.
57. A men’s association has also been set up to raise awareness among men on the
various issues mentioned above. This association also works with other ministries
on various key issues. Ending violence has been one of the objectives of the
Ministry's 2013-2017 Action Plan and a specific budget was allocated for this
purpose with the support of UNICEF and other partners.
58. The Ministry has also developed various programmes for young people to, inter
alia, raise awareness on early pregnancies. As part of efforts to end early
marriages, a national campaign was organized under the coordination of the
Ministry of Family and in collaboration with other ministries, including the
Ministries of Education, Health, Youth as well as UNICEF. There are also other
awareness programmes targeted at students, some of which focus on
reproductive health and sexual education.
59. On the issue of abortion, she stated that it is considered a crime in Angola.
Medical abortion was only performed on medical order and to save the life of the
mother. However, this and the issue of the age of marriage will be addressed in
the revision of the Family Code and the Criminal Code.
60. Regarding activities to be conducted within the context of the year 2016 as the
year of human rights, the Ministry planned to organize a Conference of Ministers
in charge of gender prior to the Assembly of Heads of State of the African Union
and all the recommendations adopted at this conference would be included in
their various ongoing programmes.
61. Improving the situation of women in rural areas is a priority in Angola, as they
represent one of the most vulnerable populations and at the same time a key
segment of the population with the heavy burden of providing food and ensuring
food security. The Ministry organized a National Rural Women's Forum in 2014
with the aim of modernizing the lives of rural women and this afforded them the
opportunity to voice their concerns and their needs. More than 80% of rural
women were consulted and 200 women took part in the Forum. Fifty-three
recommendations were made relating to social, economic and cultural rights,
citizenry, training, capacity building, etc. A National Action Plan was developed
to implement these recommendations. The National Rural Women’s Forum is
held every two years and an evaluation will be conducted on the implementation
of the recommendations.
62. The Ministry assess its various programmes and their results, as well as its needs
so as to effectively meet the objectives it has been assigned. Following these
evaluations, a request is submitted to the Ministry of Finance to obtain the
necessary financial support. However, funds are yet to be allocated in full and the
19
available funds will not be sufficient to ensure a complete implementation of all
programmes.
63. The Ministry has focal points within each of the other ministries to monitor
gender mainstreaming in national policies and programmes. Seminars on genderrelated issues are organized for the staff of these ministries. Implementation of
the gender programme is done in coordination with the other departments. There
is an ongoing programme for women working in the informal sector,
implemented in collaboration with the Ministry of Trade and the Ministry of
Economy, to help shift their activities from the informal sector to the formal sector
and thus empower these women. This programme also has an educational
component and the women received training from the National Microcredit
Institute. There is also a literacy programme supported by the Ministry of Social
Integration with the objective of setting up day care centres so as to enable
women to carry out their economic activities.
64. Concerning the reduction of maternal and child mortality and morbidity,
traditional midwives were trained to provide better care to women in rural areas.
The training was organized by the Ministry of Health who provided them with
medical kits as part of efforts to raise the awareness of women on the importance
of prenatal consultation.
65. Regarding the representation of women in decision-making bodies, there has
been an improvement since 2010 reflected in the higher number of women in
office following the 2012 elections. There are currently 36% of women in the
National Assembly, 22% in the Government, 17% in the Diplomatic Corps and
20% in local governments. Moreover, 10 to 13% of women were appointed to
positions in municipal councils. Public corporations were also invited to appoint
women to management positions and two large public companies had a woman
as Chief Executive Officer (CEO). Recently, a woman was appointed as head of a
Credit Bank. The Ministry is working to increase representation from 30% to 50%
to achieve parity. The goal is to reach 40% in the next elections. With regard to
women working as house helps, a law was finally passed to protect them,
following an uphill battle.
66. The Ministry also developed a poverty reduction programme which includes a
component on strengthening the capacities of municipalities and local
communities to ensure access to basic services (water, health) and another
focusing on rural areas. There is also a nutrition programme with a separate
budget transferred directly to the municipalities for implementation. Another
programme provides support to women who are heads of households and is
coordinated by the Ministry of Trade.
67. On the right to land in Angola, access to land is guaranteed for all. The Ministry
of Agriculture, in collaboration with FAO, the European Union and certain
NGOs, has developed a programme to support women in rural areas. This
20
programme includes a component on assisting these women to obtain land
ownership certificates.
MEETING WITH THE PRESIDENT OF THE SUPREME COURT
68. The Delegation met with the President of the Supreme Court, Dr Manuel
Aragao, to discuss the work of the Court, in particular, the handling of human
rights-related cases, and training programmes for magistrates, including specific
programmes enabling them to familiarise themselves with human rights
instruments and regional and international instruments ratified by Angola. Other
questions raised included the laws containing provisions that are discriminatory
towards women or marginalised groups and measures taken or considered to
address this issue, the role of the Supreme Court in the legislative reform process,
the representation of women in the judicial system and in the Supreme Court,
and the human rights-related themes discussed at the formal opening of courts
and tribunals.
69. In response to the Delegation’s questions, the President stated that the Supreme
Court is the highest judicial body and that it was planned to establish an
intermediate court between the tribunals and the Supreme Court to deal with
issues relating to rule of law, whereas those relating to legal proceedings would
be under the jurisdiction of the Supreme Court. It was also planned to create
tribunals in each district so as to bring justice closer to the people and ensure
increased access for local populations.
70. Gender representation is guaranteed by the presence of numerous women in the
judicial system, particularly in regional and civil courts. At the Supreme Court,
there are 5 women and 10 men.
71. Concerning the handling of human rights-related cases by the Court, the
President indicated that not many of such cases were brought before them and
the Delegation encouraged the Supreme Court to use the jurisprudence of the
African Commission in their decisions pertaining to human rights. The
Delegation also recommended the inclusion in the study programme of judges, of
a component on regional and international human rights systems.
72. He said that although annual events marking the solemn opening of the courts
were not organized under the theme of human rights, the Judiciary nonetheless
works towards ensuring respect for the fundamental rights of individuals and
hence access to justice. To this effect, a recommendation had been made to the
various courts and tribunals on the need for speed in the handling of cases. As
part of the reform process, an assessment of the legal system was ongoing to
identify areas where improvement was needed.
73. Regarding the issue of pre-trial detention, he stated that an assessment of its
application is due in order to avoid abuse. Moreover, bail was being granted on a
21
more frequent basis. Pre-trial detention was only necessary if the detainee was
considered a flight risk.
74. Measures have been taken to improve the legal aid system, particularly with
regard to access to the Supreme Court. Legal aid is managed by the Bar
Association. The issue of legal expenses remains an area of concern for the Court
and the Government. To address this concern, a programme referred to as “Public
Defender” was put in place.
75. The opinion of the Court was sought in connection with ongoing reforms. The inservice training of magistrates is conducted through the National Institute of
Judicial Studies in coordination with the Ministry of Justice and several themes
relating to human rights are included in the training programmes.
76. He explained that Angolan legislation still included several provisions inherited
from colonial law, but the new Constitution allows parties to invoke, before a
judge, the provisions of ratified international or regional instruments that are yet
to be incorporated into the national legislation and the Court is free to apply these
provisions.
77. Defamation continues to be a crime, but defamation laws were among the set of
laws that needed to be revised or adopted within the framework of the law
reform process. The Delegation informed the President of its advocacy for the
repeal of laws criminalizing libel and expressed the hope that the Supreme Court
will make use of the jurisprudence of the African Court in the case of Konaté v.
Burkina Faso4 which represents a landmark decision on the protection of freedom
of speech.
MEETING WITH THE PUBLIC PROSECUTOR
78. At the meeting with the Public Prosecutor, Dr Joao Maria de Sousa, the
Delegation discussed the following points: the functioning and monitoring of the
Judicial Police, detention at police stations, the existence of gender units within
the Police and their collaboration with other units combatting violence against
women, the involvement of the Office of the Public Prosecutor in the NGO
registration process, and in particular, the implementation of the 2015 law on the
registration of NGOs.
A landmark decision in December 2014, the African Court held that Mr. Konaté’s imprisonment for
defamation violated the right to freedom of expression in Article 9 of the African Charter on Human
and Peoples’ Rights, Article 19 of the International Covenant on Civil and Political Rights (ICCPR),
and Article 66(2)(c) of the Economic Community of West African States Treaty (ECOWAS Treaty),
ordering Burkina Faso to revise its law to be consistent with the Charter, and to pay compensation to
Mr. Konaté. The exact amount of compensation owed to Mr. Konaté was deferred to a second phase of
the proceedings. http://arcproject.co.uk/2016/06/the-african-court-establishes-first-jurisprudenceon-the-freedom-of-expression-konate-v-burkina-faso/
4
22
79. The Public Prosecutor stated that he was assisted in his duties by two deputies,
one in charge of the Civil Courts and the other of the Military Courts. The
Military Court has its Supreme Court and various tribunals. These tribunals only
hear cases involving crimes committed by military personnel. However, if a
soldier commits a crime which falls under the jurisdiction of the Civil Court, he
will be tried before a Civil Court. The Military Court operates in the same manner
as the Civil Court, but with military judges. The principle of appeal exists and is
permissible before the Constitutional Court.
80. There are 20 assistant public prosecutors including 5 women. A section was
established in 2007 within the Office of the Public Prosecutor to deal with human
rights issues. The Office of the Public Prosecutor also handles cases of domestic
abuse, human trafficking and enforced disappearance. It is a member of the
committee in charge of preparing reports. It covers all tribunals in the country
with a total of 66 magistrates assigned to the tribunals, all categories included
(criminal, labour and administrative).
81. The primary role of the Public Prosecutor in the Angolan judicial system is to
ensure the legality of the judicial process and respect by the judicial police of
safeguards established by law. It also plays the role of public defender during
trials. The State can be the defendant but can also be the plaintiff. The Public
Prosecutor represents children, vulnerable groups and the interest of the society.
His opinion may be sought on various issues such as impeachment proceedings
against the President of the Republic. He informs the President of human rights
violations.
82. The Office is also involved in the organization of training seminars for
magistrates and civil servants on human rights. Five seminars were organized in
the past two years and four magistrates travelled to Israel to attend a human
rights training programme. The Office also receives support from UNDP and
SADC to organize seminars. A human rights module has been integrated into the
programme of the National Institute of the Judiciary. The Office has developed a
training programme on how to raise awareness among citizens on their rights
and obligations and on how to bring a matter before the courts.
83. A representative of the Public Prosecutor is present during pre-trial detention to
ensure respect of safeguards established by law. Domestic violence is no longer
considered a private crime since the adoption of the law on domestic violence,
which includes all violence-related crimes, and any citizen can now report such
crimes without being the direct victim. In this regard, a special tribunal exists
which deals with domestic violence cases and the protection of witnesses is
guaranteed.
84. The Office of the Public Prosecutor only intervenes in the NGO registration
process when its opinion is sought on the legality of the process led by the
Ministry of Justice and Human Rights and when it is called upon to ascertain the
23
conformity of the documents and objectives of the NGO with the prevailing laws
and to give a legal opinion on the reasons why an NGO may not be authorized to
work in Angola. In the event an NGO does not receive a favourable legal
opinion, it may request the Office of the Public Prosecutor to give its opinion on
the legality of the process within the required deadline, and may also submit a
new request.
MEETING WITH THE OMBUDSMAN
85. The Delegation was received by the Ombudsman, Mr. Paulo Tjipilika, with
whom they discussed the tasks assigned to him, his mandate and his
responsibilities. The amnesty law and the involvement of the Ombudsman in its
implementation were also discussed, as well as the existence of a special platform
for exchange with NGOs and the lack of an NHRC in Angola.
86. Mr. Tjipilika explained that the Ombudsman is elected by 2/3 of the members of
the National Assembly, for a term of 5 years renewable once. He submits a report
to the National Assembly and to the President of the Republic every six months.
He also presents a financial report and his budget, which must be approved by
the National Assembly. His budget accounts for 5% of the National Assembly’s
monthly budget.
87. As for the mandate and responsibilities of the Ombudsman, he receives
complaints emanating from all parts of the country and even by telephone from
citizens about the illegal actions of certain departments in the civil service. The
Ombudsman is represented in the provinces. Most of the complaints filed relate
to social disputes, pre-trial detention, etc. The Ombudsman also visits prisons to
form an opinion on whether pre-trial detention rules are respected including the
period of pre-trial detention as prescribed by law. In his Report, he provides
information on public entities that follow up on his requests and those that do
not. The deadlines for responding to the recommendations made by the
Ombudsman are also specified for all entities without distinction. His Report also
mentions the status of implementation of the recommendations. In this regard, he
indicated that the rate of implementation is still low and much remains to be done
to improve the situation. According to him, challenges include raising the
awareness of certain personalities and entities that do not respond to letters and
recommendations as well as human and financial resources.
88. On the Ombudsman's involvement in the implementation of the amnesty law, he
specified that the Ombudsman was involved in the enforcement process during
visits to places of detention to ensure that the conditions and periods of detention
are respected.
89. Concerning relations with NGOs, he pointed out that they could report to the
Ombudsman like any other citizen and with regard to the 2015 Presidential
Decree on Registration of NGOs, no complaint to challenge the Decree had been
received.
24
90. In response to the questions on the possible consequences of having to depend on
the National Assembly for his budget, and therefore about his independence, the
Ombudsman stated that his independence was well established, particularly visà-vis the Executive and the National Assembly and especially in administrative
matters. To buttress his point, he cited the example of Sweden, which had the
same system as Angola.
91. The question was also asked about the existence of statistical data on the most
recurrent issues in the complaints (illegality, discrimination, non-compliance,
human rights-related violations) and also those submitted by women. The
Ombudsman averred that the previous year's statistics showed that, per category,
the majority of complaints from women concerned cases of child abandonment
and abandonment of the family home by spouses. These complaints are
redirected to the Courts but the Office of the Ombudsman continues to support
them, notably by inquiring from the Prosecutor about the progress made with the
cases.
92. On the absence of the NHRC, he explained that Angola had chosen to have a
strong Ombudsman instead of having two institutions with similar mandates.
The Ombudsman works with NGOs and the Ministry of Justice, which has a
secretariat working specifically with the Ombudsman. The issue of human rights
was included in the Lusaka Protocol5, while the Office of the Ombudsman was
still a department of the Ministry of Justice from which it was later separated into
an independent institution. His mandate is to defend the rights and freedoms of
citizens and this is enshrined in the Constitution. The Ombudsman supports
justice through non-judicial means and monitors the legality of court decisions,
which is the foundation of human rights.
MEETING WITH THE MEMBERS OF THE PRESIDIUM OF THE NATIONAL
ASSEMBLY AND THE TENTH COMMISSION ON HUMAN RIGHTS,
PETITIONS AND CITIZEN OPINIONS
93. The Delegation had a working session with the Deputy Speaker of the National
Assembly, Honourable Joana Lina Ramos Baptista, accompanied by the
Chairperson of the Human Rights Commission at the National Assembly, the
Chairperson of the Foreign Affairs and Angolans Abroad Committee, the ViceChairperson of Foreign Affairs Committee and the Director of the Office of the
Speaker of the National Assembly. Discussions focused on the role of the
National Assembly, particularly in the ratification of regional and international
human rights instruments, but also on the role it plays in the implementation of
5
Signed in Lusaka on 31 October 1994, the agreement was intended to put an end to the Angolan civil war by
integrating and disarming UNITA to begin the process of national reconciliation. The two parties to the conflict
agreed to a ceasefire completing the protocol on 20 November of the same year.
https://fr.wikipedia.org/wiki/Protocole_de_Lusaka
25
the recommendations made by the Commission, particularly following the
presentation of the 2012 periodic report and those relating to the Universal
Periodic Review (UPR).
94. The following issues were also discussed: the number of women present in the
National Assembly and their representation according to whether they belonged
to the majority or the opposition, measures put in place to encourage political
parties to choose women as candidates in the upcoming elections, the existence of
networks within the National Assembly to discuss issues such as violence against
women, the existence of a platform for exchange with NGOs, and challenges
faced by parliamentarians in adopting laws.
95. In response to the questions, the Deputy Speaker pointed out that with regard to
ratification, the Commission in charge of this issue is tasked by the National
Assembly to examine the proposals of the Government and present their
conclusions to the plenary. Parliamentarians must prioritize what is relevant for
their countries. When the documents are not available in Portuguese, the National
Assembly must wait for the official translation before it can proceed to its
scrutiny. The National Assembly has passed very important laws such as those
establishing a centre for conflict resolution, the one on asylum seekers, the
amnesty law, the law on reconciliation, the law on the Bar, and the law on the
financing of political parties. The draft revised Criminal Code has already been
submitted to the Commission in charge, and should also be submitted to the
leaders of the parliamentary groups prior to its discussion in plenary for
adoption.
96. On the representation of women, there is a law on gender equality which
stipulates that 15% to 18% of the seats in the National Assembly are reserved for
women, but this does not solve the problem that women face. Out of the 228
seats of the National Assembly, 139 are occupied by men and 81 by women.
97. Since the electoral system is based on the list system, women must feature on the
list of political parties to be elected and each political party’s list must have 30%
of women. The objective is to reach 45% for the next elections and having a
specific law will not solve this problem, given the voting method. Women
parliamentarians from all political backgrounds belong to different groups, but
there are no specific networks.
98. The National Assembly maintains good relations with the Executive with whom
it works in accordance with an established framework. Challenges exist,
especially in the adoption of new laws, and following the adoption of the new
Constitution of 2010, there is a lot of work that needs to be done to bring the
entire legislative system into conformity with the new Constitution. There were
hence 44 to 45 laws pending at the level of the National Assembly.
26
99. The debates of the National Assembly are not broadcast on television and this is
an area of discord between the opposition and the majority, but discussions are
ongoing on this issue. Nevertheless, citizens can access the political statements of
all political parties, which are broadcast on television and likewise the
presentation of the national budget. Moreover, the National Assembly hosts a
weekly programme on television. It also has a magazine, but it is not published
on a regular basis. The National Assembly Library is open to the public.
MEETING WITH THE MINISTER OF INTERIOR
100. The Delegation was received by Honourable Dr Angelo Tavares, Minister of
Interior, accompanied by his collaborators, including the Commander-in-Chief of
the Police, the Deputy Director General of Immigration Services, the Deputy
Director General of the Criminal Investigation Service, the Director of
Institutional Communication, the Director of Cooperation, the Director of Police,
the Deputy Director of Criminal and Penal Affairs, the Director of Prison Services
and the Director of Immigration.
101. Information was sought regarding the areas of intervention of the Judicial
Police as well as the measures taken to ensure respect for human rights during
the preliminary investigation stage, including the presence of a lawyer, cases of
torture and the measures taken against the agents who committed these acts, and
the protection of vulnerable people, such as women who are domestic violence
victims and victims of human trafficking. The Delegation was also interested in
knowing the procedure for controlling places of detention, if this was done under
the control of the Office of the Public Prosecutor or through another mechanism,
if there was a formal framework between the Police and Judiciary to discuss the
challenges that they both face in the implementation of their respective mandates
and if police training contained modules on human rights.
102. Other questions focused on statistical data on women in senior positions in the
Ministry, the types of crimes that prevail in Angola, the status of torture under
national law, especially if it was considered a crime. It also wanted to know if
there was a procedure allowing citizens to file complaints of police brutality and
whether arrests of journalists and human rights defenders were frequent.
103. The Minister first stated that his Ministry was responsible for the management
of prisons, the reintegration of prisoners, the conduct of criminal investigations,
immigration issues, civil protection and the free brigade service. Regarding the
representation of women in the Ministry, he said that they held various positions
of responsibility and many were in the National Police.
104. According to the Minister, the crime rate was not high in the provinces, but
was a cause for concern in Luanda where the rate was highest. Due to the
circulation of weapons, as a result of the war, some crimes were committed with
weapons. There were also cases of rape that occurred within families and cases of
domestic violence, but which were fortunately decreasing with the
27
implementation of the law on domestic violence. Car thefts were more frequent
in Luanda.
105. On the situation of refugees and asylum-seekers in the country, the Delegation
enquired whether they were integrated into the population or residing in refugee
camps. In addition, the Delegation had received the information that 40% of the
population did not have an identification document and wanted to confirm this
and, if necessary, to know the measures put in place to address this situation, in
light of the participation of citizens in the forthcoming elections.
106. In response to the question on refugees, the Minister said that Angola had
received 16,100 refugees from the DRC, Mauritania, Somalia, Chad, Liberia,
Rwanda and Ethiopia. With regard to refugees from Liberia and Rwanda, who
had been considered refugees for a long time, discussions were ongoing with
UNHCR and the countries of origin of the refugees with a view to signing the
cessation of their status as refugees. Concerning immigration, they faced a wave
of illegal immigration, the bulk of migrants were economic migrants.
107. He pointed out that identification documents are issued by the Ministry of
Justice, which has a programme in place to allow all Angolans to obtain their
identity cards as soon as possible. They had encountered technical problems that
slowed down the process, but this has been resolved. Also, the Government has
put in place several other measures to facilitate the issuance of identity cards,
including financial facilities.
108. With regard to police training, the Minister said that police officers were
trained in police academies and that a human rights module was included in the
curricula. The Ministry collaborates with the UN and some NGOs to train them
on human rights, especially on issues relating to torture. The issue of torture is
addressed in accordance with the provisions of international instruments and is
considered a crime.
109. According to him, citizens can report police violence to the Tribunal or to the
supervisor of the accused police officer or the Ministry of the Interior where
complaints may be lodged. The Ombudsman and the National Assembly, which
has a Commission for this purpose, also receive complaints. There is a
disciplinary decree that deals with issues relating to police violence. In the course
of 2015, there were 700 sanctions against police officers and 79 police officers were
dismissed. There is also a toll-free number that people can use. The Ministry
works with other ministries and the Bar Association, to discuss various issues.
MEETING WITH THE MINISTER OF EDUCATION
110. Discussions with the Minister of Education, Honourable Mpinda Simão,
revolved around the following points: the general state of education in Angola;
28
the education budget; the inclusion of human rights studies in school curricula;
the study of the African human rights system; efforts made to ensure access to
education for indigenous peoples, especially if they had specific programmes to
facilitate the retention of indigenous children in school; measures adopted to
promote the learning of national languages at school; the Ministry's relationship
with the private education sector, particularly as regards controlling the content
of private education; existing measures to facilitate access of children with
disabilities to school; the existence of literacy programmes for adults; school
canteens; and the policy for providing support to pregnant girls at school.
111. Concerning the general state of education, the Minister indicated that in 2012
the literacy rate was 67% and in 2014-2015, there were more than 1.2 million
people who followed a school curriculum. According to him, this is the result of
awareness campaigns on the importance of education. They hope to reach 80% in
the future and if they continue their efforts they may be able to put an end to
illiteracy in 5 to 6 years.
112. Education is compulsory and free and this is enshrined in various laws. There
are currently nearly 8 million educated people while in 2012 there were only 7
million. At the university level, the Government's tendency is to reduce the
number of uneducated people. The country has made tremendous progress in the
education sector, and is focusing more on the quality of education than on
quantity. However, there are still many challenges, including improving the
quality of infrastructure, inspection and control as well as at the level of teachers.
The university needs to develop new training programmes so as to ensure that
education in the country is of the highest quality. The aim is to achieve this goal
within 2 years and in this regard, there are plans to improve the working
conditions of teachers, teacher training institutes and to develop the education
system in other regions. There are also plans to continue positive discrimination
measures with a view to increasing the number of schools in the most remote
regions of the country. The goal is to educate every child across the country and
thus put an end to illiteracy. Programmes dubbed "areas of pedagogical
influence" were set up, which consist in implementing the best strategies and
solutions to answer a given problem in the educational domain.
113. The Minister stated that the economic crisis had an impact on the education
budget which has been considerably reduced over the years. In 2016, it was
reduced to 6%, whereas two years ago it was 8%. Regarding the integration of
human rights in the curriculum, a partnership was initiated with their
counterparts in Namibia to develop educational tools for the integration of
human rights into the educational system. But there was already some form of
human rights education in the current programmes teaching tolerance, promotion
and respect for values, respect for others, etc. There is also a partnership with
UNESCO to develop educational materials and increase the number of qualified
teachers who can teach human rights issues.
29
114. He stated that the languages taught and used in teaching are Portuguese,
French, English and other local languages. However, in the capital, practically
everyone speaks Portuguese, whereas in the provinces, priority is given to local
languages. This has an impact on the education of children who must learn in a
language they do not master and therefore leads to consequences such as
dropping out of school. It is in response to this problem that some local languages
were introduced as first-year learning languages and learning tools were
developed in at least 6 local languages. But very few teachers who can teach in
the local languages, whereas there is a real need. There are no specific training
programmes for adults, but there are ongoing literacy programmes.
115. The Ministry of Education, which is responsible for issuing authorizations for
the establishment of private schools, also controls the curriculum and content of
training programmes of private schools. Authorization granted is valid for 5 years
and can only be renewed after a satisfactory evaluation conducted by the
Ministry. In the event of an irregularity, the Ministry may institute proceedings
against the offending establishment.
116. A nutrition programme has been established in schools for the most
vulnerable children, which has had a positive impact on the presence of children
in school. Another ongoing programme aims to provide a school bus service to
children. According to him, one of the causes of school dropout, particularly in
rural areas, is the distance between school and the place of residence of children,
some of whom must walk 10 km to get to school. The Ministry of Transport
envisages the purchase of 1,500 school buses that would be made available to
schools and local communities.
117. The enrolment rate of indigenous children is very low; two strategies have
been put in place, one of which consists of settling the populations in order to
give them proper education, and the other providing them with itinerant teachers
who move with them. In addition, to better meet the needs of indigenous
children, a specific programme was established and its evaluation is underway
with UNICEF’s support to identify their needs and adapt the programme
accordingly. With regard to children with disabilities, special schools have been
established. However, the Ministry’s policy is to include them in the general
education system by training teachers to respond to their specific needs. There are
about 28,000 children with disabilities attending school, 3 of whom are currently
in postgraduate studies (PhD) in Cuba. The Ministry also produced educational
materials in Braille. Pregnant girls were no longer excluded from school since the
adoption of a law protecting them. Moreover, the Ministry works in collaboration
with the Ministry of Health to provide them with care.
MEETING AT THE MINISTRY OF SOCIAL COMMUNICATION
30
118. The Delegation had a working session with the Secretary of State at the
Ministry of Social Communication, Honourable Manuel da Conceisao,
accompanied by the National Director of Information, a representative of the
Office of National Affairs in charge of State Information and a legal adviser, to
discuss the state of implementation of the Law on Access to Information in
Angola and to know the status of freedom of expression, including the content of
the law on defamation which allows the State to prosecute journalists.
119. The Delegation was also interested in knowing the level of progress made in
the review of the laws on freedom of expression, access to information and other
media laws, especially if they were already at the level of the National Assembly.
Other issues were also raised about the existence of community radios, the
funding of the media by the State, the presence of women in the media, the
existence of a structure charged with the regulation of the media and its role in
ensuring compliance with the code of professional ethics.
120. In response, the Secretary of State said that the Republic of Angola has a law
allowing access to information and another which organizes freedom of the press.
The Law on Access to Information does not fall under the Ministry of Social
Communication, but rather the Ministries of Justice, Interior and Education
depending on the nature of the information requested by the citizen. With respect
to access to information, there are several laws on information (radio
broadcasting, media, etc.) and the print media.
121. The reform process of laws on information and the media covers a set of laws
including a new Press Law, a radio broadcast law, a law on the regulation of the
press and a law on the status of journalists. These bills will concern radio
broadcasting, television, the independent press, and a regulatory body to govern
the activities of media professionals, in order to meet the needs of journalists and
enhance their work. The legislative package containing these laws is under
discussion at the level of the National Assembly. As part of the review process, a
broad national consultation was held on the decriminalization of defamation.
With the revision of the Criminal Code, defamation will no longer fall under the
purview of the Press Law, but will be incorporated in the Criminal Code. Thus, if
a journalist is guilty of defamation, he will be sanctioned on the basis of the
provisions of the Criminal Code.
122. The previous Constitutions in Angola have always guaranteed freedom of
expression to its citizens. The State grants accreditation to journalists without
restriction and there are about 201 newspapers (print media), 431 magazines, 159
news bulletins, 15 media production companies, 2 TV channels including the
national television that covers 85 % of the territory and the television channel
Zimbo which covers about 70% of the territory. There are also 5 cable distribution
platforms, such as DSTV, Canal Plus, etc. Concerning radio stations, there are
about 21 FM radio stations including 3 denominational radio stations and one
university radio station that covers all provinces and one public radio network
31
that has 18 stations nationwide. There are also 4 regional radio stations and the
State has 4 newspapers in various fields (news, sport, economy and finance and
culture).
123. Funding is provided to the press through the Business Financing Law, which
contains specific provisions regulating support to media. There is a regulatory
body that is also part of the legislative package. Ethical standards will be adopted
by journalists themselves and not be imposed by the State. The regulatory body
will only be responsible for the implementation of these standards. Women are
fairly well represented in the media and even in senior positions. The Ministry
intends to create 14 community radio stations, 4 of which are already operational.
124. Since 2005 there have been five journalists' associations, namely the
Association of Journalists, the Association of Women Journalists, the Association
of Economic Journalists, the Association of News Publications and a Regional
Association for the Media.
WORKING SESSION WITH UNDP
125. During the meeting with the UNDP Representative Mr Paulo Baladelli, the
Delegation discussed the UNDP’s mission in Angola, particularly the monitoring
and implementation of human rights through various programmes, and also
through coordination and preparation of reports for United Nations treaty bodies.
126. He indicated that UNDP works on several programmes, including one on
access to justice and human rights. It also works on the issue of migrants in
partnership with the Ministry of the Interior. Regarding illegal immigration, the
Government has demonstrated the political will, but much remains to be done.
Migrants and asylum seekers are a real challenge for Angola, which needs
support in this regard.
127. He stated that, together with UNFPA and other UN agencies, they are
supporting capacity building and are also working on juvenile justice, as the
Angolan population is very young. Promoting women's rights is also one of their
priorities and they had just ended a campaign against domestic violence. Other
programmes focus on reproductive health but this is more in the domain of
UNFPA.
128. Social, economic and cultural rights are also one of their areas of interest and
they worked to assist the Government in setting up a social protection
programme. In his opinion, failure to satisfy economic and social needs has a
definite impact on the rise in crime rates, and warrants special attention from the
State. Another crucial issue is that of land ownership. Most people do not own
land titles and this is problematic, especially when the Government is conducting
a development project. The United Nations works with the State to regulate the
sector.
32
129. Another challenge is the realization of civil and political rights. Although
efforts continue to be deployed to build democracy, political tolerance still needs
to be learned by all. There is also need for education in this area especially among
local communities and the Police.
130. UNDP provides support to some NGOs working on specific themes in relation
to Agency’s programmes, but this funding had to be reduced because Angola is
considered an intermediate country.
VISIT TO THE NATIONAL AIDS CONTROL INSTITUTE
131. During discussions with Ms Maria Lúcia Furtado, Director General of the
National AIDS Control Institute, questions were raised regarding: the Institute's
missions, prevention programmes and treatment follow-up, legislative measures
taken for providing care to HIV/AIDS patients, particular with regard to stigma
and discrimination, the prevalence rate and the existence of a programme for the
distribution of ARVs.
132. She said that the Institute was created by presidential decree, to respond to the
challenges of HIV/AIDS, under the supervision of the Ministry of Health, which
is responsible for planning, implementation, coordination and evaluation of
programmes at the national level. In collaboration with the Ministry of Health,
the Institute carries out actions in the areas of prevention, testing and treatment. It
has a laboratory where the tests are carried out. Several campaigns were
organized and communication materials and documentation developed to inform
and raise awareness among the populations on the risks of HIV/AIDS and how
to protect oneself.
.
133. She disclosed that HIV/AIDS prevalence was around 2.5 %. With a view to
reducing the vertical transmission of HIV/AIDS, the Government of Angola had
put in place a Programme for Prevention of Vertical Transmission (PTV), which is
considered a priority action in the 2013-2017 National Development Plan. This
programme includes activities to prevent vertical transmission in key stages,
including pregnancy, childbirth and breastfeeding. The programme focuses on
three areas including raising awareness among pregnant women, rapid testing,
and the involvement of spouses, partners and family members who also need to
do their tests.
134. In 2004 when this programme began, there were just under 7,000 pregnant
HIV-positive women, whereas at least 19,000 pregnant women are currently
living with the disease and 80% of them should be diagnosed and included in the
PTV programme. She said that Angola had adopted a strategy consisting of
delegating to nurses the responsibility of administering antiretroviral therapy to
HIV-positive pregnant women to increase their chance of access to the PTV
programme.
33
135. Regarding the fight against stigma and discrimination, Angola adopted a law
in 2004 aimed, inter alia, at ensuring the protection and promotion of the health of
persons, through the adoption of necessary measures for the prevention, control,
treatment and research on HIV/AIDS. The law also sets out the rights and duties
of infected persons and health care personnel, as well as others at risk of
contagion. The law guarantees the provision of free healthcare in public health
facilities, and protects their employment, vocational training as well as the
confidentiality of information. The law has also criminalized the transmission of
HIV in fraudulent form, as well as the infection of third parties by carelessness.
VISIT TO THE VIANA PRISON
136. The Delegation visited the Viana Prison where it was received by the
Superintendent Lucian Vicente, Director of the Prison. The prison services
control, at the country level, a prison population estimated at 24,000 prisoners in
the 40 existing prisons, including that of Viana. The prison accommodates 4,000
detainees including 455 women. Young people are detained in juvenile prisons.
137. The Prison has a ward for men, a ward for women, and a third one for the
administration. The men's ward was divided into 4 blocks that accommodate the
detainees according to the types of crimes committed: one block for blood crimes
(murder), one for robbery, one for offences and one for foreign prisoners and
those who have committed other types of offences not specifically falling into the
above categories. There was a health centre within the prison, but the most
serious cases are sent to the Sao Paulo prison hospital.
138. The Prison offers education from primary to secondary school, and there is
also the Industrial Centre that trains inmates in trades for their reintegration in
the society.
139. In the men's ward, the Delegation met and discussed with detainees on their
conditions of detention. Many were interested to know what the Commission
could do for them so that they could benefit from the amnesty law. The
Delegation explained to them that the application of the law was subject to
criteria defined by the Angolan legislation and that the Commission could not
intervene unless there were shortcomings in its application. However, this could
only be done if it was formally seized and the alleged violation fell under the
African Charter.
140. The women's ward has a capacity of 500 inmates and includes a handicraft
centre and a nursery where the children of the detainees are kept until the age of
three. The Delegation wanted to know if the detainees were willing to follow the
reintegration and rehabilitation programme, especially with the opening of the
Industrial Centre within the Prison. Indeed, one of the challenges for the
reintegration of the detainees was rejection by their families, a rejection that for
some began as soon as they were incarcerated. It was therefore essential that they
be equipped to face the challenges they would encounter upon their release.
34
According to the women, some of them were attending the training courses
offered by the Industrial Centre and expressed the hope that this attendance
would improve.
VISIT TO THE INDUSTRIAL CENTRE OF THE VIANA PRISON
141. The setting up of the Industrial Centre is part of the "New Momentum, New
Opportunities" Programme, which was established in partnership with the
Special Economic Zone (ZEE). It is a light industry whose goal, in addition to
participating in the reintegration and rehabilitation of detainees, is to ensure the
self-sufficiency of the prison while contributing to the supply chain of the
Ministry of Interior. The Centre can accommodate 300 inmates and it works with
the help of some partner enterprises that offer various services which involve
work carried out by the detainees.
142. The Centre has an aluminium processing plant, a wood processing plant, a
sewing workshop, a section dedicated to technological products (computers) and
a pharmaceutical factory under a public-private partnership.
143. During the visit, the Delegation noted the good quality installations and the
involvement of the detainees who worked there. Some sections were not yet fully
operational because the Centre only opened in March 2016; nevertheless, the first
results were encouraging and showed signs of a good preparation for a successful
reintegration.
VISIT TO THE SAO PAULO PRISON HOSPITAL
144. The Delegation visited the Sao Paulo Prison Hospital, which was established
to respond to the demand and the deficit that the prison sector was facing
regarding medical and pharmaceutical assistance to detainees.
145. The hospital receives inmates who need to be hospitalized. It has various
services including clinic and nursing services, first aid, radiology and surgery
rooms, laboratory and pharmacy. In 2013, a health centre was opened to treat
prisoners suffering from mental illnesses. The hospital also has six offices for
outpatients and two for emergencies as well as a hospitalization area for
employees. The staff consists of 114 health workers, 9 doctors, 10 clinical
psychologists, 87 nurses and 15 therapeutic diagnostic technicians.
MEETING WITH CIVIL SOCIETY
146. The Delegation met with members of civil society, with whom they discussed
their work, the challenges they faced in their respective fields of action, as well as
issues that, in their view, deserved to be brought to the attention of the
authorities.
35
147. They expressed their satisfaction and gratitude to the authorities for having
authorized the promotion mission, which offered them the opportunity to interact
with members of the African Commission on Human and Peoples' Rights. They
exposed the difficulties encountered in the conduct of their activities, particularly
with regard to the registration of NGOs since the adoption of the Presidential
Decree, which according to their statements, was in contradiction with the
already existing administrative law. For some, this represented an obstacle to
obtaining observer status with the Commission because they could not justify a
proper registration document. For others, the Presidential Decree questioned their
very existence because it put them in de facto illegality.
148. Various other issues were discussed including the ongoing expropriations by
the State in the context of development projects and the excessive use of force
during this process, resulting in the death of a 14-year-old boy, who was trying to
protect the family home from being demolished. These cases of expropriation
have been brought before the courts, but solutions are yet to be found for the
most part. The question of land ownership is quite sensitive in Angola because
very few possess land titles which makes compensation very complicated in cases
of expropriation. Indeed, according to the Angolan Land Law 6, unregistered and
uncultivated land belongs to the State. And many Angolans do not have land
titles due in particular to the absence of an actual entity in charge of this mission.
They indicated that in rural areas, entire communities have also been stripped of
their land in order to meet the State's development needs. Finally, with the
economic crisis, the housing crisis was also accentuated, and many people could
no longer access decent housing.
149. The issue of overcrowded prisons was also brought to the attention of the
Delegation, as well as the fact that there were acts of torture being perpetrated in
the prison and which had been brought to the attention of the authorities for
action. The decline in freedom of expression and of the press as well as the
significant increase in political violence, particularly within the context of the
electoral process, were also mentioned.
150. According to them, the situation of street children, whose numbers have
increased considerably as a result of the economic crisis, and the issue of child
labour are also worrying. In addition to that, a large number of children did not
have identification documents. Problems with the issuance of identity cards were
also discussed and it was underscored that indigenous peoples were particularly
discriminated against in this area, as the vast majority of them had no
identification documents.
Land Law No. 9/04, adopted on 9 November 2004, which governs access to land. However, land
rights in force are based on colonial land laws, according to which unregistered and uncultivated land
belongs
to
the
State.
http://www.fao.org/gender-landrightsdatabase/countryprofiles/listcountries/nationallegalframework/landlegislation/fr/?country_iso3=A
GO
6
36
151. In terms of access to health, despite the considerable number of health
facilities, some communities still do not have a health centre, which partly
explains the high rate of maternal and infant mortality. Moreover, the existing
centres do not always respond adequately to the real needs of the populations,
particularly with regard to the quality of care provided. There are also
deficiencies in the protection of women victims of domestic violence, because
despite the existence of the law, women still face multiple threats and their
perpetrators will continue to escape justice if strong measures are not adopted by
prosecuting authorities. Cases of rape within the family unit were also on a
constant increase and this should be taken into account by the judicial system.
152. The rights of persons with disabilities are more or less taken into account, with
the adoption of the Accessibility Law. However, this law has not yet been enacted
and many aspects still need to be improved, particularly with regard to access to
employment. There are 12 schools for the deaf throughout the country, which are
well equipped to accommodate deaf and the hearing-impaired, but there are not
enough qualified teachers. The option of including them in the formal system is a
good one, but the same problem of qualified teachers arises. This results in
multiple dropouts, leaving these people without adequate training to find a job.
Moreover, there are not enough sign language programmes on national television
and this contributes to the feeling of exclusion, especially in the electoral process.
This information was provided by a deaf activist through an interpreter.
153. Regarding environmental issues, the Delegation was informed of the existence
of an oil slick that was polluting the Cabinda waters with a serious impact on the
flora and fauna.
154. Concerning their relations with the authorities, some associations insisted on
the importance of giving the authorities time to work before judging them. For
others, it was necessary for them to review their mode of collaboration with the
State by making use of a better communication strategy. The progress made by
the State was also stressed. However, they deplored the failure to implement the
recommendations made by the Ombudsman and also the lack of communication
of the Office of the Ombudsman with the plaintiffs during the examination of
their
complaints.
37
PART THREE
I.
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS
SITUATION IN ANGOLA
194.
This part of the report presents the Mission's observations on the human rights
situation in Angola based on information gathered from the exchanges with
various stakeholders and the visits undertaken during that mission. These
observations are classified into positive and negative aspects. It analyses the
implementation of the recommendations made during the previous mission and
those made following consideration of the combined periodic reports (2nd, 3rd, 4th
and 5th) of the Republic of Angola, at the 51st Ordinary Session held from 18 April
to 2 May 2012 in Banjul, The Gambia.
195.
The Commission commends the efforts made by the Angolan Government to
comply with its obligations under the African Charter on Human and Peoples'
Rights, particularly through the implementation of the recommendations
contained in the report of the 2010 promotion mission and in the Concluding
Observations following the presentation of its combined Periodic Reports.
196.
The Commission notes the authorities' commitment to the well-being of the
populations. Most of the projects that were ongoing in 2010 have been completed
and the city has experienced considerable expansion.
197.
At the normative level, Angola’s new Constitution was adopted in 2012 and as
a result, major reforms have been initiated to ensure that the existing laws are in
conformity with the new Constitution. Although the reforms have not yet been
completed, the demonstrated will to take these reforms to the end has been quite
encouraging. Angola implemented the recommendation to ratify the Kampala
Convention. It also ratified the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and its Optional Protocol as
well as the Convention on the Rights of Persons with Disabilities and its Optional
Protocol.
198.
A law against domestic violence was adopted as well as other measures,
action plans and strategies in partnership with NGOs and UN agencies to combat
gender-based violence. The capacities of counselling and legal aid centres for
women victims of violence were strengthened. In the area of socio-economic
rights, significant progress has been made in the education sector. Access to
education is improved with the adoption of several measures to enrol and
support children from vulnerable groups, indigenous children and children with
disabilities.
38
199.
In the health sector, the number of health facilities constructed has increased
as well as training programmes for medical doctors and capacity building
programmes for paramedics.
200.
An amnesty law was also passed to address the issue of overcrowding in
prisons and considerable efforts made for the reintegration of detainees through
vocational training in various technical trades.
201.
However, much remains to be done on freedom of association, particularly
with regard to the registration of NGOs, access for persons with disabilities to
employment, regulation of the land sector, the issue of street children and child
labour. Accompanying measures for victims of domestic violence should be
strengthened and the State should show more firmness in the repression of rape
within families and incest, in particular.
A. POSITIVE ASPECTS
At the normative level
202. The following efforts were noted:
i. The will of the Government to further promote and protect human rights of
through the ratification of a number of regional and international human
rights legal instruments, including:
a) At the regional level
- The ratification of the Kampala Convention (2012)
b) At the international level
- The ratification of the Convention Against Torture and its Protocol
(2013)
- The ratification of the Convention on Persons with Disabilities (2014)
c) At the national level
- The adoption of the amnesty law
- The adoption of the law on domestic violence
Administration of justice
Increase in the number of judges recruited from 119 in 2012 to 332 in 2016;
− Existence of legal aid and protection of witnesses;
− Reduction in the use of pre-trial detention in favour of bail;
− Establishment of specific sections on domestic violence in the police stations;
− Existence of special Tribunal dealing with domestic violence;
− Establishment of a toll-free number to denounce cases of domestic violence;
− Existence of a prison hospital to provide better care to sick prisoners;
− Opening of an Industrial Centre for the reintegration and rehabilitation of
prisoners in society.
Health
39
-
-
Adoption of a strategy delegating nurses the responsibility of administering
antiretroviral drugs to HIV-Positive pregnant women within the framework of
the Vertical Transmission Prevention Programme (PTV);
Administration of preventive treatment to all pregnant women without
distinction as part of the prevention programme;
Promotion of traditional medicine;
Existence of cooperation agreements with Cuba and Russia to address the
shortage of medical doctors;
Existence of specific programmes on the protection of older persons, persons
with disabilities and war veterans;
Training of traditional birth attendants and distribution of medical kits to
promote prenatal consultation.
-
Education
- Integration of human rights into the curriculum, and development of
educational tools for this purpose in partnership with the Ministry of
Education of Namibia;
- Introduction of local languages as first-year learning languages with the
development of learning tools in at least 6 local languages;
- Monitoring of the curricula and the content of training programmes of private
schools by the Ministry of Education;
- Establishment of a school nutrition programme for the most vulnerable
children;
- Establishment of a school transport service for children, particularly in rural
areas;
- Training of teachers on the management of pupils and students with
disabilities for their inclusion in the general education system;
- Production of educational documents in Braille;
- Retention in school of pregnant girls pursuant to the adoption of a law
protecting them.
Women
− Implementation of an action plan for the eradication of violence;
− Organization of national campaigns on combatting harmful practices and
denouncing domestic violence;
− Development of an action plan in favour of rural women;
− Adoption of programmes for the empowerment of women.
A. AREAS OF CONCERN
203.
In spite of the positive aspects mentioned above, the Delegation is concerned
by the many challenges identified in the various areas and which could hinder
the full realization and enjoyment of human rights in Angola. These include:
At the normative level
At the regional level
40
Angola has still not ratified:
− The African Charter on Democracy, Elections and Governance;
− The Protocol establishing the African Court on Human and Peoples' Rights.
At the national level
- Non-compliance of certain domestic laws with regional and international
conventions ratified by the country;
− Delays in the revision and adoption of laws at the National Assembly, in
particular, the Family Code, Criminal Code and Civil Code;
− The impact of the NGO registration Law on their functioning;
− Criminalization of abortion in the Criminal Code despite the consequences of
abortion on maternal mortality rates.
Administration of justice
- Overcrowded prisons;
- Weak measures and sanctions against perpetrators of domestic violence.
Freedom of expression
- Abuses in the exercise of the freedom of expression by media professionals;
- Persistent criminalization of defamation.
Health
- Inadequate budget allocations;
- Restrictions on access to safe abortion;
- Poor quality of care provided in centres that do not really meet the needs of
populations;
- Lack of a legal control on traditional medicine.
Education
- Budget restrictions;
- Low enrolment rate of indigenous children;
- Low proportion of qualified teachers for the education of persons with
disabilities and teaching in local languages.
Access to land
- Difficulties in obtaining land ownership certificates;
- Persistence of forced expropriations without compensation;
- Excessive use of force in the conduct of land expropriation processes led by the
State within the framework of development projects.
Women
- Persistent under-representation of women in decision-making spheres in spite
of the progress made;
- High rates of domestic violence;
- Inadequate protection of women against violence;
- Persistence of harmful practices such as early marriage and FGM;
- Inadequate budget allocated to the Ministry of Women’s Empowerment to
meet the needs of women.
41
Children
- Large number of children victims of rape and incest;
- Increase in the number of street children as a result of the economic crisis;
- Increase in child labour;
- Difficulties to obtain identification documents.
Persons with disabilities
- Delays in enacting the law on accessibility;
- Lack of accompanying measures to ease access of persons with disabilities to
employment;
- Shortage of qualified teachers in schools for people with disabilities such as
schools for the deaf;
- Lack of sign language programmes on television.
II.
CONCLUSIONS AND RECOMMENDATIONS
204. Despite significant progress, many challenges still exist and require the
implementation of appropriate measures to ensure the effective protection and
respect of human rights in the country. It is for this purpose that the following
recommendations are made to the Angolan authorities and their partners.
TO THE STATE PARTY
At the normative level
At the regional level
Measures should be taken to ratify:
− The African Charter on Democracy, Elections and Governance;
− The Protocol Establishing the African Court on Human and Peoples' Rights
and the Declaration referred to in Article 34 (6).
At the national level
− Ensure compliance of domestic laws with regional and international
conventions ratified by the country;
− Ensure that the implementation of the NGO Registration Law is in line with
the Principles and Guidelines on Freedom of Association and Assembly in
Africa of the African Commission on Human and Peoples' Rights;
− Accelerate the revision of the Criminal Code, the Civil Code and the Family
Code.
Administration of justice
-
Construct new prisons to address the issue of overcrowded prisons;
42
-
Strengthen measures against perpetrators of domestic violence;
Decriminalize abortion in the revision of the Criminal Code.
Freedom of expression
- Educate the population and media professionals to make effective use of the
freedom of expression while respecting the rights of all persons;
- Decriminalize defamation.
Health
-
Ensure that the budget allocated to the health sector is significant;
Ensure access to safe abortion for all women;
Improve the quality of care provided in health centres by adapting them to the
actual needs of the population;
Establish a legal framework for the control of traditional medicine.
Education
- Take measures to improve the education of indigenous children;
- Train more qualified teachers for the education of people with disabilities.
Access to land
- Facilitate the issuance of land ownership certificates;
- Abstain from excessive use of force when conducting land expropriation and
ensure that this is done in accordance with the law with guarantees of
compensation or relocation of expropriated persons.
Women
- Continue efforts for full representation of women in decision-making bodies
in order to achieve parity;
- Strengthen protection measures for women victims of domestic violence
against their tormentors;
- Accelerate the revision of the Family Code with a view to amending the age of
marriage and authorizing safe abortion.
Children
- Take the necessary measures to ensure the protection of child victims of rape
and incest by providing them with appropriate medical and psychological
assistance and condemning the perpetrators according to the penalties
provided for by law;
- Adopt measures to remove children from the street and ensure their
protection and education;
- Supervise child labour and ensure that those working, do so in accordance
with the law.
Persons with disabilities
- Accelerate the enactment of the law on accessibility;
43
-
Put in place accompanying measures to facilitate access to employment for
persons with disabilities;
Train qualified teachers to meet the needs of schools for persons with
disabilities such as those for the deaf;
Promote sign language through television by providing for more sign
language programming, particularly in relation to information on good
governance.
TO CIVIL SOCIETY ORGANIZATIONS
−Continue efforts in the protection of human rights;
−Strengthen their capacities to help them better accomplish their mission;
−Prioritize dialogue with the Government.
TO UN AGENCIES
UNDP
−
Continue and strengthen collaboration with the Government and civil society
through various development projects.
Finally, the Commission calls upon the Government of the Republic of Angola to
ensure the implementation of the above recommendations.
44