AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de l’Homme &
des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504
E-mail: achpr@achpr.org; Web www.achpr.org
DRAFT PROMOTION MISSION REPORT ON ANGOLA
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19-26 APRIL 2010
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Republic of Angola
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Map of the Republic of Angola
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APPRECIATION
The African Commission would like to express its appreciation to the
Government and the Senior Officials of the Republic of Angola for
accepting the promotion mission to the country from 19 to 26 April and for
providing the delegation with all the necessary facilities including the
required personnel to ensure the success of the mission.
The delegation expresses its heartfelt gratitude to His Excellency, Mr.
Assuncao dos Anjos, Minister of External Relations, for his concern and
for availing himself during the entire period of the mission.
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The African Commission also expresses its appreciation to
Ambassador Mr. NELSON M. Cosme, Director of the Africa and Middle
East Department and to Mr. Aguinaldo Baptista, focal point for human
rights in Africa at the Ministry of External Relations for his efforts to ensure
a successful mission.
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LIST OF ABBREVIATIONS
AGOA:
African Growth and Opportunities Act,
NA :
National Assembly,
ACHPR:
African Commission on Human and People’s Rights,
CEDAW:
Women,
Convention on the Elimination of all Forms of Discrimination Against
IFAD:
International Fund for Agricultural Development,
FLEC: Front for the Liberation of the Cabinda Enclave,
International Monetary Fund,
HCR:
Office of the UN High Commissioner for Refugees,
MPLA:
Popular Movement for the Liberation of Angola,
OAU:
Organisation of African Unity,
ONG :
Non- Governmental Organisations,
OPEC:
Organisation of Petroleum Exporting Countries,
IOM :
International Organisation for Migration,
UNDP:
United Nations Development Programme,
UNWGAD:
United Nations Working Group on Arbitrary and Detention,
UNICEF:
United Nations Children’s Fund,
UNITA:
Union for the Total Independence of Angola,
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IMF:
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TABLE CONTENTS
INTRODUCTION----------------------------------------------------------------------Paragraph 1 - 9
GENERAL INFORMATION ON THE REPUBLIC OF ANGOLA--------------------- 10 - 28
Population, geography, climate and economy
Natural resources
Natural disasters
Economy
GENERAL HUMAN RIGHTS SITUATION IN ANGOLA---------------29 - 56
Right to life, liberty and security of the person
Administration of Justice and the Rule of Law
Freedom of Movement
Freedom of religion or of belief, expression, association and peaceful assembly and
right to participate in public and political life
Right to accommodation and forced evictions
Equality of men-women and social institutions in Angola
Family Code
Physical and moral integrity
Property rights
Civil liberties
Information on the ratification of human rights instruments
TERMS OF REFERENCE OF THE MISSION TO ANGOLA----------------------------57- 59
ACTIVITIES ON THE MISSION TO ANGOLA----------------------------------------60 - 181
Meeting with the Ambassador Nelson M. Cosme, Director in charge of Africa and the
Middle East at the Ministry of External Relations
Meeting with the Minister of External Relations, Mr. Assuncao Dos Anjos
Meeting with the Speaker of the National Assembly, Mr Antonio Paulo Cassoma
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Meeting with the Opposition Group in Parliament
Meeting with the Women’s caucus in Parliament
Meeting with the Interdisciplinary Committee for the Preparation of Periodic Reports
Meeting with the General Secretary of the National Union for the Total Liberation of
Angola (MPLA), Mr. Juliao Mateus Paulo
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Meeting with the Minister of Family Affairs and Empowerment of Women, Madam
Genoveva Line
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Meeting with the Secretary of State for Human Rights, Madam Ana Celeste Januarior
Meeting with the Deputy Minister of Justice
Meeting with the Deputy Minister of the Interior, DR. JOSE BAMOQUINA ZAU
Meeting with the Director of Immigration
Meeting with the Attorney General, Madam Joao Maria Moreira de Souza
Meeting with the President of the Bar Association
Meeting with the United Nations Coordinator, Madam Jocelline Bazile-Finley
Meeting with the Ombudsman, MR. PAULO TJIPILIKA.
Meeting with the Association of Women Lawyers of Angola
Meeting with the Angolan Women’s Organization
Meeting with the Mayor of Luanda, Madam Governor Francisca Do Espirito Santo
Visit to the Luanda General Hospital: Commemoration of the World Malaria Awareness
Day
Visit to the Viana Municipality and the Family Counseling Centre
Visit to the Women’s Custodial Facility at Viana
Debriefing session with the Minister of Foreign Affairs
OBSERVATIONS AND ANALYSIS BY THE ACHPR--------------------------------------182195
POSITIVE FACTORS -------------------------------------------------------196 (i - xxiii)
ISSUES OF CONCERN ------------------------------------------------------------197 à 198
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RECOMMENDATIONS------------------------------------------------------------------- 199 (i à xxiv)
INTRODUCTION
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1. The African Charter on Human and People’s Rights (the African Charter)
came into force on 21 October 1986 after its ratification by the required
number of State Parties. It established the African Commission on Human
and People’s Rights (the African Commission or the ACHPR) as provided
for in Article 30 and subsequent ones. The first Members of the African
Commission were elected during the 23rd Summit of Heads of State and
Government of the OAU in July 1987, which paved the way for the holding
of the inaugural session in November 1987 in Addis Ababa. The Gambia
was chosen in 1989 to be the headquarters of the ACHPR.
2. Under the terms of the African Charter, the mandate of the African
Commission, among others, is to promote human rights and fundamental
freedoms guaranteed by the African Charter ; ensure protection,
monitoring and implementation of the Charter ; interprete the provisions of
the African Charter and to provide legal opinions at the request of the
Summit of Heads of Government.
3. Article 45 of the African Charter confers on the African Commission the
mandate to promote human and people’s rights, in particular by
undertaking research and studies in the field of human and peoples’
rights, through visits to the State Parties in order to collect information on
the implementation of the Charter, formulate and lay down principles and
rules aimed at serving as the basis for the formulation of laws and policies
in the area of human rights.
4. In principle, Angola ratified the African Charter on 02 March 1990 and thus
made a commitment to cooperate fully with the African Commission, in
particular, within the context of promotion missions on her territory.
5. The said mission took place from 19 to 26 April 2010 in the Republic of
Angola and falls within the implementation mandate conferred on the
African Commission.
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General Information on Angola
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1. Angola 1, officially designated as the Republic of Angola, is a country situated in
Southern Africa and it is bordered on the South by Namibia, on the North by the
Democratic Republic of Congo and Zambia on the East. It is bordered on the
West by the Atlantic Ocean. The enclave of Cabinda Province is the boundary
between the Republic of Congo and the Democratic Republic of Congo.
2. From the 16th century to 1975, when she gained independence, Angola was a
Portuguese colony. From 1975 to 2002, the country went through a long and
intense fratricidal civil war between the Popular Movement for the Liberation of
Angola (MPLA), led by José Eduardo Dos Santos, the current President of the
Republic of Angola and the National Union for the Total Independence of Angola
(UNITA) under the leadership of Jonas Savimbi.
3. In 1994, a peace agreement signed between the Government (MPLA) and
UNITA led to the integration of the former UNITA insurgents into the Government
and the Armed Forces. A government of national unity was set up in April 1997
but serious hostilities restarted at the end of 1998 with its attendant deaths and
homeless persons. According to some sources, about 1.5 million persons died
during the fighting in the last quarter of the century. The death of the rebel leader
of UNITA, Jonas Savimbi, in 2002, and the subsequent ceasefire were viewed as
signs of good omen for peace and development in the country.
4. It must be pointed out that a separatist guerilla group had consistently been
active in the northern Cabinda enclave. [4] About 65% of the oil produced in
Angola originates from this region. In August 2006, a peace treaty was signed
with a faction of the Front for the Liberation of the Cabinda enclave (FLEC).
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5. In September 2008, legislative elections were held after which the MPLA led by
José Eduardo Dos Santos won 81.6 % of the seats while UNITA won 10.4 %. The
Presidential elections expected to be held in 2009 were therefore postponed. In
January 2010, Parliament adopted a new Constitution which annulled the
presidential elections. From then on, the leader of the party with majority votes in
the Parliamentary elections then became the Head of State. This constitutional
review makes President Dos Santos the Head of State till the next Parliamentary
elections in 2012.
1
http://en.wikipedia.org/wiki/Angola
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POPULATION, GEOGRAPHY, CLIMATE AND ECONOMY
6. The Republic of Angola has a population of 10.593.171 inhabitants (estimates of
July 2002) with Luanda as its capital. In terms of disaggregated data, the
Angolan population can be broken down as follows according to the 2002
statistical data :
• Age structure : 0-14 years : 43.3% (men : 2,318,326, women :
2,272,726) ;
• 15-64 years : 53.9 % (men : 2, 904,595, women : 2, 806,430) ;
• 65 years and more : 2.8 % (men : 131,316, women : 159,778) ;
• Population growth rate :2.18 % ;
• Birth rate : 46.18 / out of every 1.000 ;
• Mortality rate : 24.35 deaths out of every 1.000;
• Infant mortality rate : 191.66 deaths for every 1.000 live births ;
7. The Angolan population comprises several ethnic groups, in particular:
Ovimbundu : 37 %, Kimbundu : 25 %, Bakongo : 13 %, Mixed race : 2 %,
Europeans 1 %, Others: 22 %.
8. In the area of religious denominations, the composition of Angolans is as follows
: Indigenous beliefs : 47 %, Roman Catholics : 38 %, Protestants : 15 % ;
9. The languages spoken are Portuguese (official language), Bantu and other
African languages.
Mineral resources:
10. Angola is the second largest producer of oil and diamond in Sub-Saharan Africa.
In addition to oil and diamond, the country has deposits of iron, phosphate,
copper, gold, bauxite and uranium.
Economy 2
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11. In spite of the rapid economic growth due mainly to the exponential oil boom, the
existence of abundant natural resources and the per capita GDP growth , Angola
was ranked 146th out of 169 countries, according to the 2010 Human
Development Index by the United Nations Development Programme (UNDP) 3.
According to estimates by the International Monetary Fund (IMF), the real GDP
growth rate of Angola in 2009 remained at a standstill as a result of the
significant downturn in the price of oil due to the global financial crisis. Early
projections for 2010 indicate that Angola will once again achieve a double digit
2
3
http://www.traveldocs.com/ao/economy.htm
www.undp.org
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real growth rate. The country is systematically recovering from the years of war.
Subsistence agriculture sustains about one-third of the population.
12. The rapidly growing oil sector passed the 2 million barrels a day mark set by the
Organisation of Petroleum Exporting Countries (OPEC) in 2008. But production
by Angola was reduced to 1.51 million barrels/ day in January 2009 as
authorized by OPEC as a measure attendant to the fall in prices. The oil
production is largely offshore and has no links with other sectors of the economy,
though an initiative promulgated by the Angolan Government regarding local
resource content calls on the oil companies to procure their supplies from local
business entities. The Government has appealed to the oil companies to
increase the number of Angolan employees.
13. Diamond is the largest among the other exports of Angola with an annual
production of 6 million carats. But the financial crises had a huge toll on the price
of diamonds in 2009, thereby drastically reducing diamond exports, thus
compelling the national Diamond Company in Angola, Endiama, to purchase all
the diamonds produced so as to build stocks and to keep the operators in
business . Diamond sales rose approximately to 1.1 billion USD in 2006.
14. During the last decade of the colonial period, Angola was a key African
agricultural exporter. Given that the war displaced large sections of the
population from the rural areas and the fact that antipersonnel mines were laid
all over the country, agricultural activities almost ground to a halt and the country
currently imports half of its food supplies. Small-scale agriculture has increased
tenfold in the past five years thanks to mine-sweeping exercises and
improvement in infrastructure, which situation provides the opportunity for
returnees and displaced persons to go back safely to the agricultural zones.
However, subsistence agricultural production is below the 1974 levels.
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15. An economic reform initiative started in 1998 achieved only a limited success as
a result of several endogenous factors. In April 2000, Angola underwent an IMFinspired Control Programme (SMP). The programme ended in June 2001, but the
achievements were insignificant. Under the Programme, the Angolan
Government succeeded in unifying the exchange rate and bringing the prices of
fuel, electricity and water closer to market rates. In March 2007, the Government
declared that it did not want any IMF-officially inspired programme but would
pursue consultations and other forms of technical assistance as and when
necessary under Article IV of the provisions of the IMF. In November 2009,
following efforts by Angola to establish transparency in petroleum revenue, the
IMF approved a “Standby Arrangement” (SBA) covering a period of 27 months
with a facility amounting to about 1.4 billion USD to enable the country to address
the effects of the global economic crisis.
16. In December 2002, the President appointed a new team to oversee the ongoing
reforms.This team succeeded in reducing overall Government expenditure
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through rationalization of the exchange rate of the Kwanza, by sealing all the
regulatory loopholes that sought to authorize extra- budgetary expenses and
mainstreamed all revenue into Government budget. New procedures were
implemented to ensure monitoring of cash flow between the Treasury, the
Central Bank of Angola (Banco Nacional de Angola) and the Banco de Poupança
e Credito, the Government Bank in charge of budgetary management.
17. Angola is the third commercial partner of the United States in Sub-Saharan
Africa, due mainly to her oil exports. American exports to Angola comprise mostly
industrial products and services, such as equipment for the oil fields and mining,
chemical products, aircraft and food products. On 30 December 2003, President
George W. Bush approved the eligibility of Angola as a beneficiary of customs
preferential treatment under the African Growth and Opportunities Act (AGOA).
COMPOSITION OF THE DELEGATION
18. The delegation was made up of Commissioner Soyata MAIGA, Member of the
African Commission responsible for the promotion of human rights in Angola and
Special Rapporteur on Women’s Rights in Africa. She was assisted by Mr. Chafi
Bakari, Principal Legal Adviser at the Secretariat of the African Commission and
Mrs Mampurane Caron Kgomo, Technical Assistant to the Special Rapporteur.
The mission took the form of meetings and discussions with the political and
administrative authorities and other stakeholders involved in the promotion and
protection of human rights in Angola.
TERMS OF REFERENCE OF THE ANGOLAN MISSION
19. The mission to the Republic of Angola was to strengthen relations between the
ACHPR and the State Party in the area of promotion and protection of human
rights as stipulated in the African Charter and other relevant national, regional
and international instruments. The key objective was to meet the stakeholders
concerned within the context of constructive dialogue regarding issues of
common interest. It was also intended to pursue the dialogue initiated by the
Angolan authorities during the last mission of the African Commission in 2002
which focused on the achievements made and the challenges encountered in
the effective implementation of human rights in Angola.
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20. Specifically, the objectives of the mission are as follows:
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Initiate dialogue with the Government of the Republic of Angola on legislation
and other mechanisms put in place to give full effect to the provisions of the
African Charter, the related protocols and other instruments officially ratified ;
Engage in discussions with the Government of the Republic of Angola on the
challenges faced by the Government in meeting the human rights needs of the
Angolan citizens and the assistance that the African Commission could provide in
that respect ;
Meet the other stakeholders involved in human rights issues with a view to
engaging in discussions regarding their programmes as well as their appreciation
of the human rights situation in the country ;
Disseminate the African Charter, the Maputo Protocol, the resolutions on the
granting of observer status to NGOs including other relevant legal instruments in
the African human rights system;
Publicize the Special Mechanisms of the African Commission, their composition
and mandate and provide information on the activities of the Special Rapporteurs
by emphasizing the importance of establishing synergy between the mechanism
and NGOs engaged in the defense of human rights including women’s
associations ;
Obtain updated information on the status of Angolan women and that of human
rights defenders and the level of enjoyment of human rights guaranteed under
the African Charter including other relevant human rights instruments ;
Obtain information on the programmes, action plans, legal reforms and other
ongoing measures at the national level which impact on the lives of women and
the actual progress made for the benefit of this vulnerable segment of the
society;
Promote a closer collaboration between the African Commission and the State
party on the one hand, and between the African Commission and civil society
organizations, on the other hand, in particular by means of regular participation in
the Ordinary Sessions and in other activities ;
Discuss the status of implementation of the recommendations contained in the
mission report of the African Commission which the latter undertook from 27th
September to 2nd October 2002;
Encourage the Angolan Government to present regular periodic reports in
accordance with Article 62 of the African Charter, address the challenges faced
and highlight the progress made in the implementation of human rights, in
particular, by providing up-to-date statistical data.
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VISITS UNDERTAKEN DURING THE MISSION TO ANGOLA
21. The mission started with an interview conducted by Mr. John Manuel Damba, a
journalist from the Angolan News Agency in the lounge of the Luanda Airport on
arrival of the delegation. The interview centred on the objectives of the mission to
Angola and future prospects concerning the thrusts for collaboration on the bases of
which the African Commission intended to engage the State Party.
22.
The mission took the form of interviews, working sessions with high ranking
Angolan officials and with stakeholders operating in the field of promotion and
protection of human rights in Angola. In view of the tight schedule, , the delegation
could not visit the countryside, but it was able to visit the outlying suburbs of the
capital and some large-scale socio-economic projects nearing completion.
23. All the meetings started with a brief overview of the purpose of the mission to
Angola, highlights on the African Commission, in particular its organization,
composition, mandate, its functioning and the Special Mechanisms. The exchanges
also centred on the progress made since its creation, the challenges faced and the
need to foster closer collaboration with the State Parties with a view to engaging
them more in the fight for the protection and promotion of human rights on the
continent.
24. The mission to the Republic of Angola enjoyed a very wide media coverage in both
the State-owned print media and the radio and television stations. Thus, at the end
of every meeting or working session, an interview was granted to the delegation by
the Angolan News Agency within the particular institution, Ministry or establishment.
25. The meeting scheduled with human rights defense NGOs could not come off as
some of them had not duly and officially registered. However, the delegation was
able to engage the representatives of NGOs with observer status at the ACHPR.
MEETINGS HELD DURING THE MISSION
BRIEFING SESSION WITH AMBASSADOR NELSON M. COSME, DIRECTOR
FOR AFRICA AND THE MIDDLE EASTERN AFFAIRS AT THE MINISTRY OF
EXTERNAL RELATIONS
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26. The delegation started the promotion mission with a briefing by Mr. Nelson
Cosme, Director of the Africa and Middle East Department. During the interview,
Commissioner MAIGA, expressed the gratitude of the African Commission to the
Government of Angola for accepting to host the mission in spite of its tight
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schedule. She informed the Director that she was leading the delegation in her
capacity as the Commissioner with oversight responsibility for the promotion of
human rights in Angola. She presented the terms of reference of the mission and
expressed the hope that a working programme will be prepared in line with the
terms of reference.
27. She explained the different stages of the promotion mission which seek, among
others, to strengthen the constructive dialogue existing between the African
Commission and the State Parties and to provide greater visibility to the work of
the Commission and the mechanisms that are still not well known by
Governments the and the African people.
28. She laid emphasis on the importance the delegation attaches to meeting
Government representatives and State institutions and to share experiences
with all civil society actors to obtain sufficient information on achievements
made in the field of promotion and protection of human rights in Angola, the
challenges they encountered in the effective implementation of human rights
and freedoms stipulated in the African Charter on Human and Peoples’ Rights
and other relevant legal instruments ratified by Angola.
29. Commissioner MAIGA then presented the African Commission which is the main
African institution for the promotion and protection of human and peoples’ rights
and emphasized on the quality of the expertise the Commission had developed
over a period of 20 years which Angola can take inspiration from in the
implementation of innovative strategies and programmes for an enhanced
protection of citizens’ rights.
30. Following the intervention of Commissioner Maiga, Mr. Nelson Cosme welcomed
the delegation and provided information on the involvement of his Department in
the preparation of the mission as a result of the benefits to be derived from the
sharing of lessons and experiences between the senior officials and the
members of the Commission.
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31. Mr. Nelson underscored the importance of the mission by the ACHPR to Angola
at a time the country is engaged in the reconstruction of institutions destroyed during
the painful events the country went through. He informed the delegation about the
existence of a technical committee comprising members of civil society and
Government representatives responsible for the preparation of periodic reports of
Angola. He drew attention to the involvement of his country in the preparation of the
draft African Charter on democracy, elections and governance in Africa.
32. Commissioner Maiga underscored the importance of information for the
delegation in connection with the achievements by Angola in the implementation
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of the recommendations contained in the report of the previous mission in 2002.
She then touched on the issue of ratification of the new regional legal
instruments. Furthermore, she expressed the hope that Angola will host one of
next sessions of the African Commission.
MEETING WITH THE MINISTER OF EXTERNAL RELATIONS, Mr. ASSUNCAO
DOS ANJOS
33. This meeting was held in the presence of several co-workers of the Minister
including Mr. Nelson M. Cosme, Director in charge of Africa and the Middle East
and the Secretary of State for Political Affairs, Mr. Georges Chicoty.
34. In his introductory statement, the Minister expressed the expectations of his
Government on the outcome of the mission as a means of improving the respect
for human rights in Angola. He indicated that his country had not only drafted a
new constitution which contains relevant human rights provisions but has also
established institutions for the enforcement of key human rights instruments
ratified by Angola. Among these institutions, one can specifically mention human
rights departments created within every Ministry, the Office of the Ombudsman
and the National Family Counseling Centre. He underscored the determination of
the authorities at the highest level to comply with the parity between men and
women within the decision-making establishments even in entities that are
traditionally the preserve of men. Thus, for instance, he pointed out that the Mayor
of Luanda was a woman.
35. On her part, Commissioner Maiga started with an overview of the objectives of
the mission to Angola, while providing highlights on the African Commission on
Human and Peoples’ Rights, in particular its organization, composition,
operations and the Special Mechanisms, progress made since its creation, the
challenges encountered and future prospects. She recalled efforts made by
Angola in establishing peace in the country by laying emphasis on the need to
consolidate the culture of peace as a guarantee for sustainable development.
She indicated the number of periodic reports yet to be submitted by Angola and
recalled that State Parties were permitted to combine them.
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36. She then advised the Angolan authorities to take all the appropriate measures to
ensure ratification of the instruments yet to be ratified by Angola, including the
Protocol to the African Charter on the Establishment of an African Court of Human
Rights. She further indicated the need to take advantage of the expertise developed
by the African Commission in the formulation of human rights programmes and
policies. The Commissioner underscored the fact that the importance of visits to
countries aims at obtaining first-hand information on what has been achieved and
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concomitantly point out positive African values through sharing of good experiences
and practices relating to the implementation of the African Charter.
37. The Minister concluded by pointing out that human development is a vision and
an objective earmarked as a goal to be attained by the Angolan Government as her
greatest wealth lies in her men and women. He emphasized that the authorities were
concerned about the search for sustainable solutions in the difficult moments faced
by the country which certainly date back to the negative effects of the colonial era.
In addition, the reconciliation between the various factions, the ensuing peace as
well as the ongoing institutional reconstruction, are all part of the engagement by
Government in the establishment of the rule of law. Finally, the Minister expressed
the willingness of Angola to take advantage of the expertise at the African
Commission for training of her officials in the area of human rights.
MEETING WITH THE SPEAKER OF THE NATIONAL ASSEMBLY, MR.
ANTONIO PAULO CASSOMA
38. Commissioner Maiga started by presenting the objectives of the mission and
gave an overview of the ACHPR. She pointed out how important it was for the
delegation to share experiences with the National Assembly, which by virtue of
its mandate, contributes to the promotion and protection of human rights. She
stressed that the delegation had come to source information on achievements
made and challenges encountered by the different institutions in Angola in the
area of human rights.
39. The Speaker of the NA welcomed Commissioner Maiga and indicated that such
visits provide visibility for African institutions and serve as proof that the latter are
able to operate effectively just like European or other institutions . He declared
that human rights are part of the fundamental rights of the Angolan people and
that is the reason why the National Assembly had established a specialized
human rights committee within its fold and such a committee requires capacity
building to be abreast of African human rights policies and standards. In addition
to the NA, he cited other human rights institututions such as the Ombudsman.
Finally, he expressed the hope that he would receive some preliminary
recommendations at the end of the mission.
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40. Commissioner Maiga expressed satisfaction with the concern shown by the
Speaker of the NA on human rights issues in Africa in general, and in Angola in
particular. She underscored the important role played by the NA as a law-making
institution which also ensures enforcement of the law by the Executive. She
expressed the willingness to meet the parliamentary Committee on human rights,
the opposition and wondered about the role women played in Parliament. She
stressed on the importance of the support Parliamentarians can provide in the
area of promotion and protection of human rights and appealed to all African
Parliamentarians to fulfill this duty. She expressed the hope that Angola would
ratify the African Charter on Democracy, Elections and Governance.
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41. The Speaker of the NA indicated that all the necessary measures will be taken to
ensure ratification of all conventions such as the Charter on Democracy by Angola
with the aim of strengthening the legal framework for the protection of human
rights.
42. The meeting was followed by an interview granted to the NA press corps, which
provided an opportunity for Commissioner Maiga to give her impressions about
the discussions she had had with the Speaker of Parliament.
MEETING WITH THE OPPOSITION GROUP IN PARLIAMENT
43. After the meeting with the Speaker of the NA, the delegation met the opposition
group in Parliament.
44. During the meeting, Commissioner Maiga presented the objectives of the mission
to Angola and of the visit to the NA. She recalled the duties of State Parties
under the African Charter in the enforcement of obligations they committed
themselves to on their accession to the compulsory legal instrument. She
underscored the role of Parliament in ensuring monitoring and evaluation in
carrying out these obligations. She then raised the issue of the role of the
opposition in Parliament and emphasized on the core duty of the opposition in
the democratic development within State Parties.
45. The intervention by Commissioner Maiga generated an interactive discussion
between members of the opposition in Parliament and the delegation. Thus, after
expressing satisfaction about the interest shown by the African Commission in
Parliamentary work, they indicated that everything done in daily life has a direct
bearing on human rights. They declared that African Governments had a duty to
improve human rights and governance considerably to avoid conflicts and their
effects on the lives of the population. According to them, the opposition in
Parliament gets involved in different areas to reduce social tensions which led to
the civil war in the country. Though civil war has officially ended, pockets of
conflicts still persist in certain parts of the country.
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46. For the opposition in Parliament, achieving genuine peace is still an issue in
Angola. They emphasized that the new Angolan constitution contains human
rights provisions and establishes institutions such as the Ombudsman as well as
a human Rights Secretariat. But, in practice, due to the pressure of the
Parliamentary majority which is always supportive of the Executive, the problem
of effective monitoring of programme implementation, laws and policies always
arises. Furthermore, they indicated that the 2008 elections were characterized by
irregularities on the part of the Government party. They expressed satisfaction at
the large number of women in the NA and noted that a lot still remains to be done
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in terms of training in order to consolidate this group for the advancement of the
gender dimension but not that of a party or any other structure.
47. Concerning the achievements in the area of human rights, the opposition in
Parliament noted the abolition of the death penalty in the new constitution and
the efforts made towards a strict control of public funds by the specialized courts.
The group urged the delegation to visit the countryside, particularly the zones
affected by the civil war so as to appreciate the needs and concerns of the
population.
48. Commissioner Maiga observed that the opposition group in Parliament plays a
critical role in the democratic dispensation and apart from getting its motions
passed; it contributes to raising the standard of debates and puts across the
message of their supporters. She indicated that the essential thing is not only to
pass laws but also to enforce them and for this reason, the Parliamentary group
has to be vigilant. She maintained that the African human rights system is
embodied in the ACHPR, which as lead institution, has provided mechanisms for
complaints ; these mechanisms are open to individuals and NGOs based on the
abuses stipulated in the African Charter. There is also the African Court of
Human Rights which was created to consolidate the protection mandate of the
African Commission which is an indication that there is a movement towards the
realization of the human rights culture in Africa though a lot still remains to be
done. It is therefore the responsibility of all citizens to get involved in all issues
and at all levels, both national and local.
49. Commissioner Maïga wanted to know the views of the opposition group in
Parliament on two key issues that impact on human rights; they include violence
against women and the mass expulsion of foreigners from Angola. On the
question of violence, she noted that it was within the jurisdiction of the judiciary,
but Parliamentarians also have a role to play in the passage of new laws to
strengthen the existing legal framework and promote better access to the public
justice system by women. On the issue of treatment meted out by the
immigration, she indicated that the border immigration police in Angola do not
have a good reputation in Africa and are often accused of not being attentive
when it comes to complying with the human rights of foreigners living in the
country. Though it is true that countries should control migration flow and the
conditions for the establishment of foreigners, it is important for State agencies
responsible for such tasks to respect the rights and dignity of persons escorted or
being deported to the borders.
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50. The Parliamentarians expressed concern about violence perpetrated against
women, particularly domestic violence in a country like Angola which has gone
through civil war. They however emphasized that though women are engaged in
this kind of fight, men do not seem to show any concern. According to them, the
issue must be addressed at the family level and the laws protecting women and
18
girls seen to be rigorously enforced. They indicated that domestic violence
contributes to the disintegration of families but sensitization campaigns can be
very effective tools. On the question of immigration officials, they indicated that
the attitude of some immigration officials gives the impression that there is an
influx of foreigners into Angola after the end of the civil war. However,
deportations should be done according to law. According to them, police brutality
is criticized not only in relations between the police and foreigners but also in
their relations with Angolans. This applies not only to immigration officials at the
borders who are the target of the criticisms .In all these issues, the opposition
parliamentarians expressed their gratitude to the delegation for the quality of the
discussions and assured the delegation that they will get involved in taking all the
appropriate measures proposed.
MEETING WITH THE PARLIAMENTARY WOMEN’S CAUCUS
51. This meeting provided an opportunity for Commissioner Maiga to recall the
objective of the visit to Angola and to the Angolan Parliament in particular. She
gave an overview of the African Commission and of the mandate of the Special
Rapporteur on Women’s Rights in Africa. She emphasized the legitimate
aspirations of Angolan women who are expecting qualitative contributions from
their sister Parliamentarians with a view to strengthening the existing legal
framework pertaining to women’s rights.
52. She indicated the significance of the 40% representation of women in the NA
and wondered the kind of support given to women by the NA in exercising their
dual role as elected representatives and mothers in their families. She then
informed the Parliamentarians about the obligation of Angola in submitting
periodic reports to the African Commission by incorporating measures to give full
effect to the provisions of the Maputo Protocol which was ratified by Angola in
2007, achievements made and challenges encountered in the implementation of
women’ rights.
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53. The women Parliamentarians informed the delegation that the group had been in
existence since 1996. The leadership of the group is renewed every two years
according to the level of representation of each party in Parliament. Currently, the
group comprises only elected representatives of UNITA and the MPLA in
Parliament and works according to programmes outlined. It carries out activities
in collaboration with other associations and works with civil society organizations
by sensitizing on the phenomenon of domestic violence and the condition of
orphans. The group had a joint session with the Church on early pregnancies.
Similarly, the group deals with issues of micro-finance for the benefit of women,
and this is intended to address the problem of poverty and exclusion. The group
visited female prisons to acquaint itself with female prison conditions which are
inconsistent with the law and to identify the needs of the inmates and promote
their social reintegration.
19
54. Commissioner Maiga expressed her satisfaction with the work done by the
group, especially concerning their partnership with civil society organizations and
the Church. She recalled the adoption of the Solemn Declaration on equality
between men and women by Member States of the African Union and for which
they committed themselves to ensuring parity at the political level. She indicated
that it is incumbent on women to assist in the creation of conditions for a better
representation of women in the policy-making bodies of political parties and in
elective offices by means of training, mobilization and demonstration of solidarity
for female candidates. She indicated the need and importance for female African
Parliamentarians who have constituted themselves into networks in several
countries to get involved in sharing experiences through travels, studies and
exchanges.
MEETING WITH THE INTERDISCIPLINARY COMMITTEE RESPONSIBLE
FOR DRAFTING PERIODIC REPORTS IN ANGOLA
55. This meeting was held in the presence of the Secretary of State for Human
Rights, Madam Ana Celeste Januarior and it provided the platform for
Commissioner Maiga to present the ACHPR and the objectives of the mission.
She informed the members of the interdisciplinary Committee about the
expectations of the African Commission concerning compliance by the State
Parties with the obligation to submit two-yearly periodic reports in accordance with
Article 62 of the African Charter. She also made a presentation on the process of
preparing reports which is supposed to include civil society organizations and she
indicated that the African Commission had drawn up guidelines for the writing of
State reports. These guidelines also contained supplementary directives on
gender issues which State Parties are expected to include in their reports by
virtue of the provisions under the Maputo Protocol. Thus, the report must indicate
the measures taken to give effect to the rights contained in the African Charter
and the Maputo Protocol, the progress made and the challenges encountered by
the State Parties. She underscored the importance of providing disaggregated
statistical data as proof of the progress made to enable the African Commission to
assess them from one report to the other. She indicated that Angola had at least
5 reports in arrears at the time of the visit as the last report was presented in
1998.
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56. In her response, the Secretary of State for Human Rights explained that the
Interdisciplinary Committee was established by Resolution 128 of 22 December
2009. The establishment of such a structure is part of the concern of the policymaking authorities to ensure that Angola prepares and presents her reports to
regional and international bodies within the required timelines. The Committee is
made up of members from all sectors. She indicated that though the Committee
had been in existence since 2005, it was officially installed in 2009 to take into
20
account the concerns of civil society organizations. Most of the members present
asked questions for clarification by the delegation and underscored the need for
constant interaction between their Committee and the ACHPR and with other
similar African institutions.
57. Regarding the challenges faced by the Committee, it was explained that there is
lack of round table discussions on issues of national concern.
58. Commissioner Maiga explained that the problem exists even at the African Union
level and that it is not peculiar to Angola alone. She encouraged the members of
the interdisciplinary Committee to take all the necessary measures to address the
undue delays in the presentation of the periodic reports.
MEETING WITH THE SECRETARY GENERAL OF THE MOVEMENT FOR THE
TOTAL LIBERATION OF ANGLOA (MPLA), Mr. Juliao Mateus Paulo
59. After the welcome statement by the Secretary General, Commissioner Maiga
explained the purpose of the mission to Angola and the meeting with the MPLA.
She presented an overview of all the meetings the delegation had had since its
arrival.
60. On behalf of the MPLA, the Secretary General expressed his appreciation to
Commissioner Maiga. He explained that his party is represented in 18 provinces,
64 districts at the rate of a Committee per district. The party is also represented in
100 prefectures and has 111 members on the Central Committee. The
membership of the party is 7,800,000 out of which the youth membership stands
at 2000. The party has a very strong foundation at the grassroots level and that
explains why the MPLA has been in power since 11 November 1975. He
explained that after the war and the peace deal signed in April 2002, the country
is in the process of rebuilding the devastated infrastructure and efforts are being
made by all citizens to ensure that the peace is maintained. Disarmament
operations and the fight against poverty are ongoing. Concerning the fight against
poverty, micro-finance is being provided by two Angolan Banks to support the
rural population. In addition to micro-finance, cooperatives are providing
assistance to the rural communities.
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61. The General Secretary indicated that as the party is firmly established in the
country, it participates in all sensitisation activities aimed at promoting the culture
of peace in Angola and further sees to it that the political, civil and socio-economic
rights of all Angolan citizens are taken into account.. Women and the youth are
the two key components of the party and work side by side with the male
supporters towards the consolidation of national reconciliation.
21
MEETING WITH THE MINISTER OF FAMILY AFFAIRS AND EMPOWERMENT
OF WOMEN, MADAM GENOVEVA LINE
62. This meeting was held in the presence of the members of the Minister’s Office.
She started the session with a welcome statement before presenting the
mandates of her Department and the national policy objectives on the
empowerment of women in Angola. She stated that the main objective of her
Ministry was to ensure the promotion of the rights of the family and to play a
catalytic role in the creation of a peaceful society for sustainable development in
Angola. Thus, it makes interventions in several strategic and development
domains, especially in the area of poverty reduction, the right to education ,
housing , health, violence against women and the girl child etc... It enjoys
cooperation relations with development partners and civil society organizations
for the realization of its mandate
63. On her part, Commissioner Maiga made a presentation on the objectives of the
mission and especially on the mandate of the Special Rapporteur on Women’s
Rights in Africa. She explained that the purpose of the delegation’s mission to the
Ministry was to find out the achievements made and the challenges encountered
by the Ministry in the implementation of human rights in general and the rights of
women in particular.
64. Commissioner Maiga then raised a series of questions, namely: efforts aimed at
eliminating violence against women; whether there are capacity building
programmes in place for judges and the police on this issue raised; the political
representation of women ; the existence or non-existence of a law on quota ; the
existence or non-existence of specific programmes in terms of training and
financial support for political activities initiated by women to enable them compete
at all levels ; the existence of an autonomy fund for women as part of the national
policy framework for poverty reduction; the rate of maternal mortality in Angola
and measures taken in this aspect ; the issue of the existence of maternal health
programmes and the budget allocated to the Ministry ; the existence or nonexistence of sensitization programmes targeted at men to ensure their
involvement in promoting women’s rights.
65. Finally, Commissioner Maïga wanted to know about the challenges faced as part
of the implementation of the mandate of the Ministry by emphasizing the expertise
developed by the African Commission in the area of women’s rights and the
assistance it could provide to the State Parties by way of organizing training
workshops on the Maputo Protocol and the African Union Declaration on Gender.
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66. By way of response to the issues raised by Commissioner Maiga, the Minister
indicated that the Angolan Constitution takes due cognizance of all categories of
rights. She however recognized the need to amend certain provisions of the family
code to take into account developments in women’s rights and the requirements
22
of the new Constitution. She pointed out that a draft bill on domestic violence is
being debated in the NA and that a Centre is being constructed for women victims
of domestic violence. At the political level, she informed the delegation that
legislation on quota for women’s representation exists within the policy-making
institutions. She emphasized that though the electoral law provides a mandatory
30% representation for political parties, Government policy states that women
should not be compelled to go into politics.
67. The Minister informed the delegation that her Department enjoys financial
assistance in relation to poverty reduction programmes for women in 18 provinces
in Angola. As far as sensitization programmes on women’s rights are concerned,
she stated that women’s sensitization teams go into the countryside and they also
sensitize men. Regarding reports due for submission by Angola as part of the
implementation of the African Union Declaration on Gender, she explained that
four reports were produced and they provide an update of women’s rights in
Angola. These reports show that women occupy high level positions in both the
Army and the Police. The budget allocated to the Ministry is about 3% of the
national budget but it has been increased for the coming years. The Ministry
carries out many of the activities outlined from funding provided by international
organizations and credit lines provided through bilateral cooperation.
68. Concerning the autonomy fund for women, she indicated the Ministry is making a
lot of efforts in sourcing funds to assist women in their income-generating
activities. The Ministry has been able to design a micro-finance programme
amounting to 50 000 dollars. When the Ministry achieved a certain amount of
visibility on the part of the women beneficiaries, it stopped providing direct
financial support to women and assisted them in their orientation to a financial
institution to accompany them on the basis of selection. The intervention of the
Ministry comes in the form of training and capacity building for women. The 18
provinces in Angola are covered by the micro-finance programmes targeted also
at women in the rural communities.
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69. On challenges, she indicated the lack of a platform for participation by men in the
self-fulfillment of women; the other remaining challenge is the need for capacity
building of women like in most African countries. As far as the cooperation aspect
is concerned, the Minister stated the willingness to collaborate with national and
international institutions exists. On Resolution 1325, she indicated that the issue
of disarmament was discussed with the United Nations and negotiations with the
regional committees are ongoing. Concerning access to land, socio-economic
inertia persist and land basically seems to belong to men rather than to women in
spite of an existing law which authorizes women to acquire land and to own land.
In terms of inheritance, in spite of the Constitutional law which guarantees equality
in certain parts of the country in case of the demise of the husband, the latter’s
family seizes all his property including his land. However, before the courts, the
law provides that the heirs are the wife and the children. On the issue of access to
housing by women, she indicated that social housing units are under construction
23
and some buildings will be handed over at the end of December 2010. The
Ministry is cooperating with a consortium for the establishment of favorable
conditions for access to social housing units by the families of war veterans and
widows even in the provinces.
MEETING WITH THE SECRETARY OF STATE FOR HUMAN RIGHTS
70. During the discussion, the Secretary of State gave a historical overview of the
Secretariat which was established in 2008 and whose mandate, inter alia,
consists of translating the constitution, the laws and other national and
international instruments into the local languages for a broad dissemination
among the people who do not know how to read and write. The Secretariat’s
mandates also include support for the entire Cabinda Province as a special zone.
As part of its mandate, it carries out activities aimed at publicizing human rights
collecting information on the extent of enjoyment of human rights by Angolans. To
attain the objectives, it undertakes visits to the countryside, but human rights are a
sensitive issue whose consequences can lead to war. There is the need to adopt
a well-drafted policy including strategies and programmes.
71. According to the Secretary of State, the introduction of services relating to the
Ombudsman’s Office by the Head of State constitutes a significant headway in the
protection of human rights. She pointed out that Angola had organized a huge
continental conference which had just ended dubbed, the 3rd General Assembly
of Ombudsmen in Africa. Human rights were at the core of the discussions; such
a view marks the willingness of the highest authorities to handle the issue with a
great deal of responsibility. She emphasized that for a country that had gone
through 27 years of war, the enforcement of laws is essential for the respect of
human rights. On the Cabinda province issue, she added that the Government
hopes to restore peace and that steps had been initiated to resolve the lingering
armed conflict and it is on account of the specificities of the region that the
Government had given it a special status.
72. The Secretary of State declared that the Government was working for the
promotion of democracy and good governance, women and children’s rights as
well as the rights of displaced persons. It was making efforts to strengthen the
social linkages in a bid to fight against social discrimination. Conflict management,
promotion of justice, freedom of expression and cooperation among humanity
both at the national and international levels are thrusts which the Secretary of
State is working on in partnership with other Ministries, European and
international NGOs.
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73. On her part, Commissioner Maiga gave a brief presentation about the ACHPR
and the Special Mechanisms and about the mandate of the Special Rapporteur on
Women’s Rights in Africa. She laid emphasis on the expertise developed by the
24
ACHPR in all aspects of human rights over the years and the need for State
Parties to consult the institution when the need arises. She pointed out that the
establishment of a Human Rights Secretariat in Angola is unique and must be
encouraged as in most State Parties, human rights issues are entrusted to a
Department in the Ministry of Justice.
74. She wanted to know whether there were relations between the Secretariat and
the Ministry of Education with regard to training programmes for judges in the
area of human rights. She also wanted to understand how the Secretariat carries
out its activities vis-à-vis the law enforcement agencies, especially concerning the
elimination of torture in places of detention and police custody. She laid emphasis
on the critical role of partnership with civil society organizations in promoting
human rights. On women’s rights, Commissioner Maiga pointed out that the
Secretariat should have worked in close collaboration with the Ministry of Family
Affairs with a view to consolidating the programmes outlined by this Department
for women.
75. Concerning the Cabinda Province, Commissioner Maiga declared that peace is
closely related to the promotion of human rights and development. It is therefore
important to implement social reconstruction programmes in consultation with all
stakeholders concerned to assist Government in successfully carrying out its
mandate of establishing sustainable peace in Angola.
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76. The Secretary of State concluded by stating that the current relations existing
between her Department, the Ombudsman, the Ministry of Justice, the Ministry of
the Interior and the Ministry of External Relations are in their early stages and
they need to be strengthened to avoid what can aptly be referred to as « national
infection » which, even today, still has a negative effect on Angolan society. In
fact, according to him, Angolan is like a human organism harboring an infection:
War. That is the reason why it is imperative for the Secretary of State to advise
the different stakeholders to incorporate human rights culture in their moral
standards. He informed the delegation that during her visits to the countryside,
she stressed on the need to know the human rights problems faced by the people.
He declared that it was thanks to the outcome and recommendations made by his
Departments during such occasions that the Ministry of the Interior started to work
towards the improvement of conditions in the prisons. In the area of torture, he
admitted that it is a complex issue, especially for a country that had just emerged
from war and had integrated former combatants from the militias and rebel groups
into the security agencies. He indicated that most of the policemen currently at
post were recruited during the war and did not receive any proper training on
torture and human rights.
77. On her part, Commissioner Maiga stressed on the need to deepen relations
between the Secretary of State for Human Rights and the ACHPR within the
25
context of capacity building programmes for the security agencies. At the end of
the meeting, she granted an interview to the press and gave her impressions
about the meeting and the objectives of the mission.
MEETING WITH THE DEPUTY MINISTER OF JUSTICE
78. In the absence of the Minister of Justice, the delegation was received by the
Deputy Minister. He stated that human rights are within the purview of the Human
Rights Secretariat and the Ministry of Justice. He indicated that the country
started her reconstruction in 2002 after going through two wars. The 1992
Constitution already dealt with human rights issues but the advent of the war
made it difficult to obey and enforce them. He was however of the opinion that at
the end of the war, judicial decisions had to be adopted from human rights.
79. In her intervention, Commissioner Maiga made a brief presentation on the
ACHPR and on the Special Mechanisms established within it. She presented the
objective of the mission and referred to the first visit in 2002. She recalled the key
role played by the Ministry of Justice in promoting and protecting human rights. It
is against this background that judges and legal assistants need to receive
appropriate training in human rights. She emphasized the need to make human
rights instruments available to a large number of people by translating them into
the local languages. She raised a number of issues on the role of the Ministry of
Justice in the enforcement of the African Charter. Among the issues, she
indicated the problem associated with police custody, remand ,inheritance by
women and access to land , abuses perpetrated against women (sexual and
domestic) , corruption and the right of citizens who so desire to bring an action
against the judiciary, the existence or non existence of female children’s prisons
and finally congestion in prisons. She stressed that it is important for the State to
pass laws in these different domains.
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80. Responding to the issues raised by the Commissioner, the Deputy Minister
explained that Angola has two Higher Judicial Councils, which are two different
bodies; one handling judicial matters concerning judges and it is presided over by
the Head of State. The other concerns the Public Prosecutor’s Office which is
made up lawyers, representatives of the National Assembly and members
appointed by the Head of State. Angola has a School for judges and their training
has a human rights component which was even one of the requirements proposed
by the late Alioune Blondin Beye in the 1980’s.The country has legal assistance
centres which provide conciliation and counseling services to citizens. The
financial responsibility is borne by the Ministry which pays for the services of the
lawyer when persons subject to trial justify their inability to pay. In the area of
texts, he indicated that colonial texts are still enforced in Angola, but that legal and
judicial reforms are ongoing for the adoption of new codes: criminal code/ criminal
procedure/civil code. He explained that the new constitution provides that customs
are not a source of law, but if they do not contradict the law, they may be applied.
26
81. With regard to inheritance rights, the Deputy Minister declared that as a former
judge, his personal experience in Guinea Bissau, Mozambique shows that it is
difficult to enforce these rights. In these countries, though there exists a positive
law in such matters, he had always sought to appreciate the customs of the local
people how succession is applied customarily and he proceeded from this
premise customary rules still persist and it is difficult to throw them overboard in
law enforcement.
82. On the family code, he indicated that positive law cannot contradict social and
customary realities. He declared that a special law against domestic violence had
been formulated at the higher institutional level and will be adopted to fight against
abuses perpetrated against women. On the issue of detentions, he explained that
they depend on the Ministry of Interior but there is an organ at the Ministry of
Justice on which the Bar Association and civil society organizations are
represented, which brainstorms on exceptional cases with regard to detention
pending trial. The activities of this organ have led to the reduction in the time
spent on remand. However, he indicated that there is lack of human resources
(judges and legal assistants) and the same applies to courts. He however said the
situation was being addressed through ongoing projects in spite of the current
economic crisis. Concerning minors, he explained that there are centres where
they are sent after the ruling. The Angolan judicial system comprises 19 provincial
courts spread across the 18 provinces in Angola and the capital Luanda, except in
Benguela province, which as a result of its importance has separate courts.
MEETING WITH THE DEPUTY MINISTER OF INTERIOR DR. JOSE
BAMOQUINA ZAU
83. The Deputy Minister, in the presence of his co-workers, started by apologizing for
the absence of the Minister who could not attend the meeting. He reviewed the
key missions of his Ministry and underscored security and territorial integrity as
being very important to Angola.
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84. On her part, Commissioner Maiga presented the objectives of the mission to
Angola and in particular to the Ministry of Interior. Furthermore, the meeting
provided the opportunity for Commissioner Maiga to point out issues relating to
training of the police, remand, police custody, torture, relations between lawyers –
judges and policemen. She emphasized how critical it was to incorporate human
rights in the training programme for the police. In view of the fact that the country
is engaged in peace building, the Commissioner laid emphasis on the need to
combine human rights and the search for peace. She sought the opinion of the
Deputy Minister on the deportations carried out by the country.
27
85. In response to the issues raised by Commissioner Maiga, the Deputy Minister
indicated that the 1990’s coincided with the opening of the democratic space and
these efforts were maintained during the entire period of the war. At the end of the
war in 2002, democracy was enshrined in the texts in Angola. The new
constitution recognizes that the following elements be placed under the
jurisdiction of the Ministry of Interior: police, immigration, prisons and fire services.
He explained that there are two standard police training colleges in Luanda and
an average police institute. The curricula include human rights and constitutional
studies. The policemen receive adequate training which enables them to enforce
human rights. However, for a country that has just emerged from war, it is difficult
to change people’s mentalities; it is a situation the Ministry is working on in order
to gradually create new attitudes that are consistent with new realities among the
people
86. On the issue of prisons and conditions of detention, he indicated that there are
38 penitentiary institutions with a population of 18,000 detainees and these are
funded from Government budget. Every detainee enjoys three square meals a
day and this costs the Angolan taxpayer 15 dollars per day, representing a total of
100 million dollars annually, which is a huge effort aimed at creating humane
conditions in the prisons. The prison services are also responsible for the
rehabilitation of detainees. Thus, they are composed of a criminal rehabilitation
department (mental or social) which is engaged in arts, crafts, trades; a
department in charge of activities and the security of prisoners. The prison
population is unequally distributed between Luanda and the other cities. The
human rights of prisoners are respected through teaching civic and moral
education. Every Department in the Ministry has a coordinator. On the question of
security and guarantee of prisoners’ rights, he indicated that the Public prosecutor
is represented in every prison. There exists a general inspectorate division in the
Ministry which offers the opportunity to every detainee to institute an action for
any breach of their rights. Moreover, the prisons are equipped with clinics and
literacy halls. He explained that many of the partners support the Ministry in its
activities and actions towards improving the living conditions of prisoners.
87.
With regard to immigration, he explained that the latter have been trained
according to the latest technologies which enable them to work expeditiously on
immigration problems. Concerning the police in general, he stated that they use
the resources made available to them.
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88. As far as the Cabinda province is concerned, he informed the delegation that
since 2007, a special status has been given to this part of the country by taking
into account its geographical position.
89. Talking about representation of women, the Deputy Minister indicated that
women had always fought side by side with men and that they are represented in
28
the police in all Angolan provinces. In the competitive entrance examination into
the police service, one can observe that most of the candidates are women, but
the (15%) percentage representation of women in the police force is still low. He
pointed out that the Head of State had instructed the institutions to attain a rate of
30% representation of women at the policy-making level in institutions. Seminars
and workshops on human rights are organized for the police and the population
but such tasks require a lot of resources but the budget of the Ministry is not
enough.
90. With regard to the issue of violence against women, the Deputy Minister stressed
that efforts are ongoing to reduce such trends through sensitization campaigns.
91. In terms of challenges, he mentioned lack of financial resources and emphasized
that the Government needs to give special attention to the Ministry of Interior to
enable it to carry out its missions successfully. He explained that new buildings
fitted with high-technology equipment are being constructed and that resources
are needed for the installation and maintenance of such equipment. He
underscored the fact that the Angolan police would be interested in training
programmes on issues like torture, women’s rights etc.
92. Commissioner Maiga thanked the Deputy Minister and his assistants and
stressed on the importance of sharing experiences in matters of violence against
women with other African countries like Ethiopia which had developed good
practices such as gender units in police stations, reception centres for women and
minors who fall victim to violence.
93. In his response to the issue of relations between the police and lawyers, the
Deputy Minister indicated that a significant headway had been achieved in this
domain as a result of the existence of a certain amount of freedom of expression
in Angola, and that no lawyer can claim to have been brutalized by the police.
Furthermore, lawyers participate effectively in activities organized by the police.
The new constitution recognizes the legal profession and periodic meetings are
held between the judiciary and legal assistants for a better administration of
justice and respect for human rights. He concluded by expressing the hope that
the visit will help clear the negative image of Angola in the outside world.
MEETING WITH THE DIRECTOR OF IMMIGRATION
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94. After his welcome statement, the Director introduced his department as being
responsible for the control of migration policy in Angola. On the issue of
foreigners, he made a distinction between those who leave their countries for
political or other reasons, persons who decide to establish in Angola and persons
29
on transit as there is a huge migratory movement between Angola and countries
like Namibia and Zambia.
95. In her intervention, Commissioner Maiga gave a brief overview of the ACHPR
starting from its establishment, its mandate in line with the African Charter, the
Special Mechanisms established, the work accomplished since its creation,
achievements and challenges encountered. She also explained the objectives of
the mission to Angola and in particular the reason for visiting the immigration
service. She raised the issue of the legal measures taken and the type of relations
existing between the immigration service and the United Nations.
96. The Director indicated that his Department works in collaboration with the United
Nations particularly on refugee issues and that international law is respected in
such matters. He added that since 2002, after the end of the war, Angola has
served as a location for asylum seekers or refugees and even before that time, in
1994, Angola had a refugee population of 13,000 from the DRC. Since 1994,
Angola has received refugees from Rwanda. Furthermore, Act No. 8/90 of 2002
made it possible to accept refugees from Liberia, Sierra Leone and Côte d’Ivoire.
At the time of the visit, more than 3000 had registered. In terms of internal policy,
he stated that community laws had become operational based on the constitution.
The major challenge to be addressed according to the Director is the fulfillment of
the rights and obligations of the African population which cannot read and write,
and consequently cannot appreciate their rights because of the high rate of
illiteracy. He was of the opinion that this problem can be addressed by the
community. With regard to assistance, he explained that the social assistance
agency for refugees had been established. Concerning mass deportations, he
indicated that many Africans come from all kinds of places and transit through the
DRC to the northern part of Angola which shares a border with the DRC.
According to the Director, once the immigration service receives such information,
it quickly moves in to deport the illegal immigrants to their respective countries in
spite of all the huge expenses borne by Angola in these operations. The case of
Gambians deported from Angola and which is the subject of Communication
292/04 at the African Commission is part of this situation. The repatriation of
foreigners is not targeted at Africans alone but even Europeans who do not
regularize their stay are repatriated to their countries. According to the Director,
handling of the refugee issue is a challenge for Angola and it has to be addressed
as the repatriation is proving to be too costly for the country
98.
Commissioner Maiga informed the Director about the adoption of a new
convention by the Africa Union in Kampala on 23 October 2009 on protection and
assistance to displaced persons in Africa. The treatment of refugees is still being
discussed in view of the persistence of conflicts in Africa. But the said convention
has been ratified by only three Member States and has not yet come into force.
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97.
30
MEETING WITH THE ATTORNEY GENERAL, MADAM JOAO MARIA
MOREIRA DE SOUZA
99. This meeting started with a welcome statement to the delegation by the Attorney
General who expressed the hope that she would derive much benefit from the rich
recommendations that will emerge from the mission report. This meeting was held
in the presence of two assistants including the Deputy Attorney General, Madam
Margarida Philomena N. Goncalves.
100.
After thanking the Attorney General for the interest she had shown in the
ACHPR, Commissioner Maiga gave a general overview about her institution and
emphasized the protection mandate and especially the communication
procedures. She underscored the interest of the delegation in meeting the judges
after the encounter the delegation had had with the Deputy Minister of Justice.
The issues raised by Commissioner Maiga included, among others, the judicial
map of Angola, access to justice, ongoing reforms , legal assistance to victims of
sexual acts , training for the judiciary in human rights issues, measures taken for
the review of colonial texts, the conduct of cases relating to inheritance, remand ,
penal reform, torture, discrimination against women, knowledge of the judges
about texts ratified by Angola, corruption in the judiciary, the death penalty, the
number of female judges and finally challenges faced by the judiciary in Angola.
She indicated that failure to translate the texts into local languages prevents
majority of the citizens from ownership of the legal instruments.
101.
Before answering the questions posed by Commissioner Maiga, the
Attorney General observed that the mission will contribute to better
implementation of human rights in Angola. On the issue relating to the judicial
map, she explained that courts and tribunals are geographically distributed
according to provinces and districts. In Luanda, she indicated that there are
tribunals, the Supreme Court and the Constitutional Court. The constitution
provides for the establishment of the Audit Office as well as administrative and
maritime courts. In the provinces, there is a central court divided into chambers
(general, administrative, civil, criminal and children’s affairs); then there are district
courts. The national investigation bureau is specialized in intelligence and the fight
against crime. She explained that the entry into force of the constitution since
January 2010 has clearly highlighted the functions and mandates of the courts
and tribunals. She stated that funds allocated are not enough but the issue of
legal assistance has been resolved by the Act which provides the opportunity for
the needy to solicit legal assistance from the State.
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102.
On violence perpetrated against women, she emphasized the capacity of
Angolan women to defend their rights. She underscored the fact in matters
pertaining to the defense of family interests, Angolan civil law is clear on
succession matters, but the country is so vast and there are regions where
customs are deep-rooted and override the substantive law which is never applied.
31
In urban communities the substantive law is complied with and heirs are never
deprived of what is legally theirs. On training, she informed the delegation about
the existence of an Institute of Judicial Studies which trains judges and legal
assistants. There is also a Higher Judicial Council which is a disciplinary organ.
For now, lawyers are professionals who are trained in chambers after obtaining
their first degrees. The relations between lawyers and the judges are cordial.
Judicial reform has been ongoing for many years but the new constitution will help
to move faster. Nine codes are being studied, like the new criminal code which
contains provisions on peadophilia and violence against women. She however
pointed out that, like in many African countries, some colonial texts are still
enforced. On torture, she indicated that though isolated cases do exist and
actions are instituted, it had always been banned and punishable by criminal
sanctions in Angola. She explained that the issue of dissemination of instruments
ratified by Angola through translation into local languages has been considered
under the new constitution which requires that these international instruments be
rendered into laws.
103.
Regarding the presence of women in the judiciary, Madam Margarida
Philomena explained that the low representation of women was due to the fact
that the judiciary is not the preserve of women but the trend has changed and it
has been observed that more and more women are getting interested in the
profession.
104.
On the issue of the death penalty, the Attorney General indicated that
Angola is one of the countries with abolitionist ambitions and though the death
penalty was instituted at a most difficult time in the life of the country, it was
applicable to persons guilty of specific crimes like throwing bombs in public
places, but it has never been enforced since 1979. The death penalty has been
abolished by the new constitution.
105.
Concerning police custody and torture, she declared that there is a unit at
the public prosecutor’s office which sees to it that every remand centre enforces
the law.
106.
On challenges, she indicated that they include modernization, and this
implies an improvement in the working conditions and provision of continuing
professional training after the initial training. For example, she cited
computerization and the use of new technologies as areas where Angola is still
lagging behind.
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MEETING WITH THE PRESIDENT OF THE BAR ASSOCIATION
107.
This meeting was held in the presence of the Vice President of the
Association. The President thanked the delegation and for that matter, the
32
ACHPR for the interest shown in Angola especially regarding the issue of
enjoyment of human rights in the country. He stressed that peace is a prerequisite for the enjoyment of rights and that war and any other conflicts
constitute an impediment to the enjoyment of rights. He stated that the Bar
association is sensitive to the gender issue, but then the emphasis is on the
quality of training and not on gender.
108.
In her intervention, Commissioner Maiga made a brief presentation on the
ACHPR and the purpose of the mission to Angola which was aimed at finding out
about the changes that had occurred in the country since the end of the war.
She communicated to the President of the Bar the observations made by the
delegation since the beginning of the mission regarding the different discussions
the delegation had had with various personalities. Thus, she indicated that the
establishment of a Secretariat for human rights and the progress made were
significant achievements. She raised the issue of relations existing between the
Bar and the Human Rights Secretariat, the Ministry of Justice, the police and the
judiciary. She then enquired about steps being taken by the Bar in terms of
compliance with the allowed to keep a person in police custody and the nature of
assistance provided by the Government in the training of lawyers.
109.
Responding to the issues raised by Commissioner Maiga, the President
of the Bar indicated that consultations on human rights were held before the
adoption of the new constitution, but there are always new developments which
need to be discussed within a consultative framework among all stakeholders. In
fact, a constitution may be drawn up but the conditions for the enjoyment of
human rights may still have to be created. On legal assistance, he emphasized
that the one that was in place is not functioning appropriately and it is applicable
only in Luanda while the countryside has been neglected. He however added
that programmes are ongoing in collaboration with the Ministry of Justice to
establish centres in the countryside and get lawyers there as certain regions do
not even have lawyers. On training, he explained that a centre attached to the
Faculty of Law trains young lawyers for a moderate fee as the latter are
supposed to defend principles of justice and equality for the benefit of all.
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110.
On relations between the Bar and the police, he indicated that it is
envisaged, as a collaborative effort between the Ministries of Justice and the
Interior that the police will be given adequate training and the Bar will advise the
police in the course of investigations. He declared that for a country that had
gone through three phases, namely: colonization, independence and war, the
current reform is just too slow. The Bar has a membership of 1262 lawyers
including persons undergoing internship. The judicial system has made a certain
amount of progress but improvements are needed in the area of training and
wages according to the Deputy President of the Bar Association. There are
human-related bureaucratic practices In the handling of cases. He stated that the
reform Commission established by the Head of State is still not effective.
33
Moreover, as a result of the few existing courts, even if the Public prosecutor’s
office handles cases expeditiously, the cases will pile up at the intermediate
courts. He indicated that the police have an influence over the judiciary.
111.
According to the Present of the Bar, human rights still have a long way to
go in Angola at all levels; the beginning is commendable but it is expected that
the ongoing reforms will produce good results. The bar association, on its part, is
doing all its best to address the situation to make sure that the people do not lose
confidence in the justice system. The knowledge of rights is a problem
especially for people who cannot read and write and consequently, do not know
their rights as the texts are not written in the local languages. The citizens cannot
defend what they do not know. On relations between civil society and the
Government, he noted that civil society should play a certain role in government
action and that Government and civil society should have a common
denominator in order to avoid confrontations like those that occurred in the
country. In this regard, he suggested that there should be greater dialogue
between civil society and the Government and such a position is quite important
for a country that has gone through civil war.
112.
On the issue as to whether the current problem of administrative
inefficiencies can be addressed by increasing the number of judges and
hearings, the President of the Bar laid emphasis on the conciliation - mediation
and prevention mechanism developed by the Bar to resolve a number of cases
to prevent such cases from appearing before the courts. On this issue, he
recommended the development of the traditional justice system because in the
countryside, citizens resolve their problems without resorting to the law courts;
this applies to theft of cattle which is settled by the traditional society. He
indicated that there is even a region in Angola where one cannot beat up a
woman and worse still kill her. He emphasized on the quality of judges and
lawyers and the need for continuing professional education.
113.
On domestic violence, the President of the Bar explained that his outfit
works with the people and the police at the grassroots but the problem comes
from the courts which must carry out their duties after the Public prosecutor’s
office has done its part. He underlined the need to tackle the issue holistically
and the need for people to know their rights; it is a social and cultural issue which
has to be addressed and it is also a human rights question which is the
fundamental responsibility of the Government,; but the issue is of equal concern
to all stakeholders.
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34
114.
According to Commissioner Maiga, the traditional justice system is quite
developed in many African countries and it is important to rely on our positive
African values.
34
115.
She pointed out the need for the Bar to strengthen the collaboration of the
Bars in the Portuguese-speaking countries and the African Commission. She
recalled the system of presenting complaints-communications to the ACHPR and
the conditions of seizure of the African Court on Human and Peoples’ Rights by
emphasizing on the task which falls on the African Bar Associations to contribute
to the development of human rights jurisprudence by referring to the African
Charter and other regional legal instruments.
116.
The President of the Bar stated that the new structure of the Bar is
working tirelessly with the lusophone countries so as to establish a common
entity to get involved in the work of international institutions and collaborate
with African and international lawyers . He expressed the delight that the African
Union was demonstrating a greater interest in human rights though it was more
of a political organization.
MEETING WITH THE COORDINATOR OF THE UNITED NATIONS SYSTEM,
Mme Jocelline Bazile-Finley
117.
This meeting which was held in the Office of the United Nations (UN) in
Angola started with a brief presentation by Commissioner Maiga on the ACHPR
and the Special Mechanisms. She indicated that the delegation is interested in
sampling the opinions of the United Nations System on the human rights
situation in Angola and to find out the extent of collaboration between the
Angolan Government and civil society organizations.
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118.
According to Madam Jocelline Bazile-Finley, Coordinator of the United
Nations System, assisted by Dr. Koen Vnormelingen, UNICEF Representative,
Angola had made a lot of progress in recent times by widening the scope of
collaboration in preparing the periodic reports. The country also invited the United
Nations to provide training in human rights for Government workers. Furthermore,
Angola requested the United Nations system to prepare its report on Angola in
addition to the Government’s report to find out if there is a discrepancy between
the two reports. She stressed that though civil society was invited to be part of
the report drafting committee, this invitation was a just a façade as it was not
sufficiently accompanied by a genuine offer. She however observed that civil
society is to blame because, though it is not adequately equipped, it should have
seized the opportunity to initiate a sincere dialogue with the Government.
According to the Coordinator, the most important thing is the implementation of
the Geneva recommendations after the presentation of Angola’s report . Under
positive progress, she noted the progressive nature of the new Angolan
Constitution. In her opinion, this was an opportunity for civil society to capitalize
on in order to contribute to the popularization of the said text. The establishment
of a Human Rights Secretariat is a credit to the Government even though a lot still
remains to be done even before this department becomes operational. Thus,
35
progress has been achieved in all domains, in particular the political will of the
Government not to cover up any problems.
119.
In terms of issues of concern, the Coordinator pointed out the treatment
meted out to persons who had not regularized their stay, violence perpetrated
against women including rape and defilement of children which are on the
increase, domestic violence, violence in schools; early pregnancies (30%); infant
mortality (185/1000). She emphasized that juvenile courts do not have the
requisite facilities for rehabilitation of minors. She also noted, as a matter of
concern, the reduction of criminal age from 16 to 14 years, the expropriation
carried out without taking the rights of victims into account. She pointed out the
case of a child who died during an expropriation. She also noted the penalization
for the AIDS infection in cases where the transmission is done voluntarily.
120.
She indicated that following lobbying for social protection of children, the
Government requested UNICEF to assist the country. The new Constitution is an
improvement as Article 80 provides for child protection and a guarantee of social
protection. It is therefore imperative to initiate a fight against the perpetration of
violence against children as well as a fight against prostitution.
MEETING WITH THE OMBUDSMAN, MR. PAULO TJIPILIKA.
121.
Commissioner Maiga started by thanking the Ombudsman for the efforts
deployed towards the implementation of human rights and good governance.
She requested to have additional information on Office of the Ombudsman,
namely its operations, achievements, challenges, in particular if the services
provided by the Ombudsman are known by the citizens.
122.
In his intervention, the Ombudsman pointed out that his Office was a new
one and the composition of the new Executive is before the National Assembly
(NA). The Ombudsman is elected by 2/3 of the Members of the National
Assembly and the Head of State every six months. He indicated that he was a
lawyer on the bench in Lisbon before being called home by the Head of State to
be appointed initially as Minister of Justice, and then elected as the Ombudsman.
He worked tirelessly after being appointed to the position of Minister to get the low
salaries of the Judiciary staff raised and their professional status enhanced.
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123.
According to Mr. Paulo Tjipilika, first Ombudsman of the Republic of
Angola, his Office focuses on the concerns of the people. Therefore, he receives
complaints from all parts of the country and sometimes by phone. He explained
that his office handles cases effectively and expeditiously, and once things are set
in motion, his assistants follow-up. On the monitoring of the recommendations
made in the reports, the Ombudsman indicated that, apart from a few exceptions,
the recommendations contained in the reports are monitored and any Department
that does not comply with them is exposed. The Ombudsman is represented in
36
the provinces only when the Ombudsman visits these locations himself from time
to time. Most of the cases are related to social disputes, remand etc. The
Ombudsman also visits prisons to find out whether the time set for remand are
complied with.
124.
About 20 to 50 complaints are received every day and there is also a
system of seizure by cellular phone. Majority of the complaints come from women
and they relate to food allowance and domestic violence. In cases of domestic
violence, the Ombudsman falls on the services of the police. Most of the social
complaints come from men. Other claims are associated with land issues and
these are referred to the Ombusdman and these are handled by the unit
responsible for enquiries and investgations. Generally, they concern cases of
expropriation by public services. In such cases, the Ombusdman recommends
that his office carries out investigations based on the advantages and
disadvantages before any expropriation. If one of the complaints gives rise to a
case pending before a court, the Ombudsman makes investigations from his
Office which has more women than men.
125.
He emphasized that though the theme of the 3rd Conference of African
Ombudsmen held in Luanda from 10-15 April 20-10 was dubbed: the
Ombudsman and Good Governance, the key objective was to ensure visibility in
the services provided by African Ombudsmen. He requested the ACHPR to
contribute to make the African Ombudsmen known at both the AU level and in
other forums. He explained that for now, as far as Angola is concerned, the
Ombudsman makes interventions on radio and television. Among the
recommendations at the 3rd Conference, he mentioned: compliance with the legal
calendar of every country; the need to provide adequate resources to
Ombudsmen to contribute to good governance and human rights protection..
126.
According to the Ombudsman, the daily challenge to be addressed is one
of sensitization of certain personalities and entities which do not follow-up on
letters and recommendations. There is also the question of challenges relating to
human and financial resources which can be resolved within Government
services.
127.
The meeting ended with a press conference granted by Commissioner
Maiga to the press corps at the Office of the Ombudsman during which she gave
her impressions.
MEETING WITH THE ASSOCIATION OF WOMEN LAWYERS OF ANGOLA
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128.
After thanking the members for having accepted the invitation,
Commissioner Maiga made a presentation on the ACHPR and its Special
Mechanisms in general by placing emphasis on the mandate of the Special
Rapporteur on Women’s rights in Africa. She indicated that the purpose of the
37
mission to Angola was to find out about progress made and the challenges faced
in the promotion and protection of human rights. On violence perpetrated against
women, the Angolan women lawyers have a critical role to play and it is for this
reason that the delegation deemed it appropriate to meet the women. She
advised the members to request for observer status at the ACHPR.
129.
When she took the floor on behalf of the Association, the ViceChairperson of the Association, Madam Julia Ferreira, declared that the
Association was established in 1995 and that as at the time of the mission, the
Association was undergoing complete transformation. The key function of the
Association is to fight against violence perpetrated against women and any other
forms of discrimination. In terms of tools, the association has a televised
programme and a course to sensitize the population about the rights of citizens in
general and those of women in particular. The new constitution provides that
citizens should know their rights and this enhances the task of the association
which enjoys very close relations with the Minister of Justice and the Minister of
Family Affairs. On resources, she stated that the Association does not receive any
assistance from the Government and only depends on financial assistance from
the United Nations which is not provided promptly. The association which is
composed of about a hundred women has regional representatives who operate
in the form of centres or open doors organized by these centres.
130.
The Vice-Chairperson of the Association hoped that a recommendation
would be made in order to have a permanent information centre because, since
its establishment, the war has hindered its activities. The Association hopes to
develop its relations with the ACHPR and to this effect, Commissioner Maiga
advised the members to request for and obtain an observer status which would
enable the Association to take part in the activities of the Commission and
especially in the NGO Forums prior to the sessions. The Commissioner also
advised the members to target law students as prospective members. The ViceChairperson, who is also a lecturer at the Faculty of Law at the Agostino Neto
University, welcomed the recommendation which she took due note of.
Commissioner Maiga suggested to the members to apportion some time for radio
and television discussions on cases of sexual abuse and also to include men who
are gender-sensitive into their activities as it is a professional association fighting
for total integration of the Angolan society. She further suggested that the
Association should identify the best legal practitioner for the year of for every two
years and such a practice could also be adopted in other services like the police.
She indicated her willingness to come back to Angola to facilitate at seminars on
the Maputo Protocol and women’s rights in general.
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131.
The Vice Chairperson welcomed all the suggestions and promised that the
Association will implement them.
MEETING WITH THE ANGOLAN WOMEN’S ORGANISATION
38
132.
The delegation was welcomed at the office of this organization by a
number of members led by the Deputy Secretary General, Madam Alice N’dobolo
as the Secretary General was absent. During the discussion, Commissioner
Maiga made a brief presentation on the ACHPR by emphasizing on the Special
Mechanisms established within the Commission to deal with specific human rights
issues. She indicated that she made it a point to meet this organization which had
stood the test of time . Through this kind of organization, the ACHPR can provide
technical assistance to Angolan women. She presented the mandate of the
Special Rapporteur on Women’s Rights in Africa and stated her willingness to
facilitate seminars and workshops, where necessary for the benefit of Angolan
women.
133.
In her intervention, Madam N’dobolo stated that her organization, which is
the women’s wing of the MPLA, was established in the 1970’s to defend the rights
of Angolan women; therefore it is the oldest women’s organization in Angola. The
organization’s mandate is to fight for access by women to policy-making positions.
She indicated that current Minister of Family Affairs is a product of the
organization. Furthermore, about 30% of women in Government were active
members of the organization and the same applies to the three female Mayors in
the country. The organization is waging a campaign against domestic violence
through sensitization all over the country and the coverage for such campaigns is
estimated at 16 days in a year.. It is a member of the Association of Angolan
Women Lawyers and the International Federation of Female Lawyers. She
revealed that the organization receives support from men in all their socio-cultural
activities and health programmes in both urban centres and the rural areas.
134.
Commissioner Maiga thanked the members present and encouraged
them to continue with the work they had started for the benefit of Angolan women
. She once again expressed the willingness of the ACHPR and her Mechanism to
provide the necessary technical assistance to the organization.
MEETING WITH THE MAYOR OF
FRANCISCA DO ESPÍRITO SANTO
LUANDA,
MADAM
GOVERNOR
135.
During this meeting the delegation had with the Mayor of Luanda, in the
presence of the Director of Communication, Commissioner Maiga, in keeping
with tradition, made a brief presentation on the objectives of the mission and in
particular the purpose of the visit to the Mayor’s office in Luanda. She stated that
the delegation was interested in the political journey that led to the choice of a
woman as Mayor to head the capital Luanda.
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136.
Responding to the issues raised, the Mayor stated that it was a long story.
She indicated that during the anti-colonial struggle, women joined forces with
men up to the time of independence in 1975. After independence, she started her
39
career as Manager of the Stock Exchange and it is her contemporaries who are
currently holding policy-making positions.
137.
As an appointed Mayor, she is confronted with the constant problem of
managing a city initially meant for 500.000 inhabitants but is now home to 5
million inhabitants. According to the Mayor, this is further compounded by the
phenomenon of handicapped persons, orphans, widows, being a consequence of
the war, and by problems of education as there are so many illiterates including
the issue of documentation which has to be addressed, But the greatest
challenge is to continue to build sustainable peace to enable all Angolans to live
in harmony. She raised the issue of domestic violence, the repercussions of the
war on many of the citizens, which is reflected by the presence of orphans, the
upsurge in violence, prostitution and juvenile delinquency.
138.
She however indicated the existence of reintegration and rehabilitation
problems programmes for the affected persons. There are also community work
programmes carried out by community-based organizations, environmental
education programmes, sporting activities and motivational programmes for the
youth, training in the management of small and medium-scale enterprises
especially for victims of anti-personnel landmines. With regard to resources, she
indicated that financial resources come from private banks and human resources
are never adequate.
139.
With regard to older persons, she stressed that their loneliness is as a
result of neglect. The Mayor opened a reception centre for older persons and
recreational centres where these persons participate in social reintegration
programmes.
140.
On women’s issues, she raised a positive trend for the country as women
are found in all sectors of the economy and there is the determination to
empower them through income-generating activities. She declared that there are
three female Mayors in Angola. With the advent of the new Constitution, she
expressed the hope that more women will be appointed to policy-making
positions. Her hope is that better results will be achieved especially in the area of
education.
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141.
With regard to social housing, the Mayor indicated that Luanda is
undergoing full expansion and urbanization. In these type of operations, she
stated that it always becomes necessary to flush out those who came to Luanda
because of the war and those living in high risk locations. The critical issue
confronting the Mayor is how to carry out these decongestion activities without
creating frustrations and discriminations.
40
142.
In the opinion of Commissioner Maiga, all the problems raised by the
Mayor are quite relevant and need to be handled cautiously with the support of
the authorities. She stated that the vision of the Mayor is good though there are
always challenges in such cases and it is always possible to carry out ambitious
programmes for the vulnerable sections of the population with the support of the
political authorities and the involvement of the people themselves. She
suggested that a unit responsible for human rights issues be created within
Mayor’s Office. In response, the Mayor declared that it is envisaged a civic
education programme will be introduced to teach the youth their rights and
responsibilities to their country and their fellow citizens.
143.
The meeting was crowned with an interview granted by Commissioner
Maiga to the national press corps.
VISIT TO THE LUANDA GENERAL HOSPITAL ON THE OCCASION OF THE
COMMEMORATION OF THE WORLD MALARIA AWARENESS DAY.
144.
At the invitation of the Mayor, the delegation visited the Luanda General
Hospital where they took part in the launch of the anti-malaria programme.
Several presentations on malaria and the health policy of the Government
regarding the fight against malaria were presented at the ceremony including the
evaluation of measures taken by the Mayor and the hospital staff in this domain.
It emerged from these presentations that problems of sanitation and hygiene
were the main factors causing malaria, accounting for the death of between 350
and 500 persons annually in Angola. Malaria specialists presented ongoing
projects, results achieved and the challenges encountered in the treatment of the
disease. The lack of health care personnel was raised as being a factor hindering
service delivery; the political strategy for the fight against malaria comprises
three stages, namely: education (training and workshops for communication
personnel), development of programmes after identification and evaluation of
sites. During the ceremony, a sketch on malaria, particularly on prevention and
treatment was presented to the audience.
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145.
The delegation also visited the wards and participated on the free
distribution of treated mosquito nets to sick persons. The delegation visited the
maternity ward of the hospital where it had discussion with majority of the women
who were mostly young women. Some of the problems raised by the health
personnel included cramped wards, lack of beds and dilapidated facilities; an
appeal was made to the Mayor to assist in speeding up extension works on the
maternity block. The delegation was informed that about 200 children are born
daily with some of the deliveries done through caesarian sections with
permission from husbands. The delegation also visited the Centre for
Gynaecology and Obstetrics where they noted the same problem of lack of
space and qualified personnel. The ceremony ended with an intervention by the
Mayor of the Luanda Province commending the African Commission delegation
41
for its presence. She expressed delight that the delegation had familiarized itself
with the realities of the Luanda General Hospital whose facilities are used by sick
persons from the outlying suburbs, and particularly for appreciating the lack of
material, human and financial resources. She noted that it was an opportunity for
the delegation to present to the appropriate authorities that there is a long way to
go in terms of enjoyment of the right to health care and that an urgent
intervention by Government was necessary to improve the living conditions of the
people, especially the vulnerable ones. She recommended to the health
professionals to work diligently and responsibly in spite of the enormity of the
problems and promised that the problems will be solved steps are being taken to
address those concerns.
VISIT TO THE VIANA MUNICIPALITY AND THE FAMILY COUNSELLING
CENTRE
146.
The delegation visited the premises of the Viana Town Hall, one of the
outlying suburbs of Luanda. The delegation then had discussions with the
personnel of the Family Counseling Centre of the suburb in the presence of the
Deputy Minister of Family Affairs.
147.
The delegation was informed that there were four Counselors at the centre
and all of them have had training in Sociology. According to statistics provided on
regular basis by the centre, the recurrent problems of persons that come to the
centre, mostly women, are: food allowance, search for paternity, family desertion,
accommodation needs, domestic violence-related problems and the management
of inheritance etc... Within the framework of its activities, the centre collaborates
with the State Departments. With regard to the monitoring of cases of domestic
violence, it is carried out both at the centre and within the families because
discrepancies were often seen between some of the facts reported to the centre,
and the reality within the family. The State, according to the Counselors, should
open other centres to speed up the treatment of cases of domestic violence. In
the case of minors, the centre collaborates with Children’s Tribunals. Lawyers are
officially appointed in case of nonpayment of food allowance to ensure that
actions are quickly taken to protect children’ rights.
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148.
In addition, the centre provides legal advice in cases of conciliation; it has
representation in the 9 municipalities of Luanda. There are 156 centres spread
across the entire country. According to the Deputy Minister, in the provinces, the
running of the Centre depends on the Ministry, but financially, everything depends
on the province itself. She pointed out that though equality between men and
women has not yet been achieved, it is because women still have difficulties in
rising above immediate contingencies. She indicated that in the area of training of
trainers and continuous professional training, support is provided by NEPAD and
Spain. The Centre also receives assistance from the Government and the Church.
42
149.
Commissioner Maiga commended the personnel of the centre for their
contribution to social peace and protection of the family. According to the
Commissioner, the quest for peace must start from the family which is the first
social structure. In the case of management of problems relating to nonpayment
of food allowances, she gave the example of Ethiopia and Tunisia where the State
has established a special fund for payment to the beneficiaries and thereafter,
action brought against the recalcitrant fathers to make sure they take up their
responsibilities.
VISIT TO THE FEMALE PRISON IN VIANA
150.
The delegation to the female prison in Viana was welcomed, in this
instance, by the Deputy Minister of Family Affairs, Mrs. Ana Paula da Silva do
Sacramento Neto, and this was an opportunity for the delegation to appreciate
the living conditions of women on remand. The delegation was informed that the
doors of the female prison were opened in 1997 and the facility employs 174 civil
servants. The sentences are for the following offences: first-degree murder, fraud,
theft, drug trafficking etc. The prison received financial support from several
partners for the construction of a literacy centre, a religious centre and for
organizing cultural and entertainment activities. At the time of the visit, the prison
population was 232 prisoners including 38 on remand for criminal offences. The
delegation visited the computer room, the criminal rehabilitation centre where
prisoners are given lessons on their rights and duties. The delegation also visited
the logistics, the human resource and finance sections as well as the production
room. The delegation also visited the prison cells.
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151.
The prison has an artisan centre and a crèche where the children of
prisoners are kept until they are three years old. The capacity of the prison is 500
detainees. Four coordinators selected from condemned prisoners serving with
long-term sentences (general, hygiene, discipline, religion), are in charge of
monitoring activities in the prison. They hold meetings every two weeks and
contribute to the improvement of living conditions in the prisons based on the
opinion of the detainees, for a successful social rehabilitation. When they were
asked about challenges, the coordinators were happy about the efforts already
made, but they indicated that there is the need to strengthen capacity building of
personnel in terms of psychological and moral rehabilitation of prisoners. Thus,
according to the religious coordinator, sentenced to 14 years in prison for the
murder of her husband, it is religion that changed her life. She pointed out that
most of the prisoners are rejected by their families, while they serve their
sentences. When this happens, they may have more difficulties in reintegrating in
society after their release from prison. It is therefore very important that the State
assists them be reintegrated into society.
152.
The Commissioner indicated that NGOs can play intermediation role
between prisoners and their families. She said that the African Charter
43
recommends that our positive cultural values should be taken into account in the
implementation of Human Rights. At the end of the visit, she remarked that on
several points, the conditions in the Viana female prison are in line international
standards as far as the benchmarks are concerned. She encouraged the
prisoners to show interest in rehabilitation and reintegration programmes that are
provided so that they come out of prison with improved lives and contribute to the
development of Angola as citizens of the country.
DEBRIEFING SESSION WITH THE MINISTER OF EXTERNAL RELATIONS
153.
The debriefing session at the Ministry of External Relations was chaired
by His Excellency the Minister, Mr. Assuncao dos Anjos in the presence of
several of his colleagues from the Government and State institutions as well as
his co-workers. It started with introductory remarks by the Minister who indicated
that during the briefing session, he had to highlight all the measures taken by
Angola in terms of promotion and protection of Human Rights. It is in this
perspective that a compressed programme was drawn up by the competent
departments in his Ministry to enable the delegation to meet with the
stakeholders involved in the implementation of human rights and to carry out an
assessment of the realities on the ground, the progress made and the
challenges. Therefore by receiving the delegation at the end of its mission, the
Minister expects to listen, and note down the observations and the preliminary
findings that emerged from the mission.
154.
When she took the floor, Commissioner Maïga thanked the Government of
Angola, on behalf of the African Commission, for all the arrangements and
facilities put in place to ensure a successful mission. She indicated that the
mission was carried out within a few days, which did not enable the delegation to
cover satisfactorily all the areas of interest, especially the visit to the countryside
to have a first-hand experience of certain achievements in the area of socioeconomic rights. However, the mission was intense and the delegation had
fruitful and cordial discussions with all the senior officials and held working
sessions with the technical actors, parliamentarians, representatives, specialized
United Nations Institutions and others engaged in human rights issues in Angola.
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44
155.
She indicated that by tradition, at the end of the mission, the delegation
should review all issues discussed with the various he exchange sessions with
the various discussants during the sessions in order to provide first-hand
impressions to the supervisory authority of the mission, as courtesy demands
and in a spirit of transparent and friendly dialogue. In carrying out this exercise,
she gave a short report on the various meetings and visits carried out and made
her remarks in four parts ; first, the satisfactory elements ; challenges
encountered; areas of concern as regards compliance with the provisions of the
African Charter and other relevant conventions ratified by Angola, at the
international level; finally some summary recommendations which will be
captured and articulated in the mission report, by making sure that the
44
stakeholders are specifically mentioned. She concluded by requesting the
Republic of Angola to host one of the subsequent sessions of the African
Commission, within the framework of the relations with State Parties.
156.
The Minister of External Relations thanked the African Commission, and
commended Commissioner Maiga for the relevance of her analysis. He reiterated
the political will of the highest authorities to place the interest of the Angolan
population at the centre of policies, plans and programmes; He indicated the
willingness of his Ministry and the entire Government to co-operate with the
African Commission, concerning the implementation of the recommendations
made by the mission. He made a commitment that Angola will henceforth take
part in the activities of the ACHPR and promised the Government will do its best
to host one session of the Commission. Touching on the issue of treatment
meted out to foreigners deported from Angola, the Minister indicated that illegal
immigration and the illicit exploitation of the country’s wealth by foreigners,
account for the loss of about 300 million dollars to his Government every year.
He said he did know of any maltreatment suffered by foreigners on Angolan soil.
OBSERVATIONS AND ANALYSIS OF ACHPR
157.
In this section, the African Commission analyzes the Human Rights
situation in Angola, on the basis of information collected during discussions and
meetings the delegation with Heads of Institutions and other stakeholders
involved in the promotion and protection of human rights.
158.
It is important to recall that in spite of policies and on-going reconstruction
programmes in Angola, the vestiges of the painful events that the country went
through will take time to be forgotten. The civil war that weakened the social and
economic fabric is not without consequences on the increasingly high social
demand, in terms of satisfying the economic and social rights of the various
sections of the population. The necessary solutions to ensure an effective
enjoyment of all human rights by Angolans require more efforts on the part of the
Authorities than in the case of State Parties that have not experienced any
conflicts, and these efforts must be geared towards investments in the area of
both peace building and the implementation of civil, political, economic, social and
cultural rights.
159.
There is a strong commitment on the part of the Angolan Authorities
towards the development of the country and the well-being of the population, and
this is reflected in the huge infrastructural project sites seen in the area of social
housing, schools, health and sports facilities in the outskirts of Luanda.
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45
160.
The general statement of fact emerging here is that there seems to be a
genuine political will at the highest level of the Angolan Government to establish
the rule of law in the country. In fact, the Angolan Authorities have demonstrated
45
the determination to implement all the international human rights instruments
ratified by the country. It was also noted that the Authorities are willing to work
with all the Treaty Organs at regional and international levels for the
establishment of a culture of human rights in Angola.
161.
At the prescriptive level, Angola has set up institutions capable of
promoting and protecting human rights, however several forms of difficulties are
limiting the impact of the actions of promotion and protection of rights; especially
the internal dysfunctions at the administrative level in the judiciary, inadequate
human, material and financial resources allocated to several State Institutions and
Departments, the low level of co-operation with NGOs and the lack of coordination and collaboration between the various stakeholders involved in the
promotion and protection of human rights.
162.
In addition to having ratified most of the African and international legal
instruments, such as the African Charter on the Rights and Welfare of Children
well as the Maputo Protocol, Angola has incorporated several relevant provisions
of the said instruments into her new Constitution even though they are not known
by the majority of the Angolan population who do not put them into practice,
because of poverty, illiteracy and inadequate popularization of the said provisions,
through suitable communication channels.
163.
Like in most of the State Parties, the issue of the existence of legislative
measures to guarantee the fundamental rights and freedoms does not arise. In
fact, Angola has a new Constitution that lays the foundations for the rule of law
and gives birth to institutions directly involved in promoting and protecting human
rights.
164.
The advent of this text is welcomed by all the speakers as a watershed
that will drive and promote the recognition of new rights, the review of colonial
texts still in force, as well as a better way for citizens to exercise their rights and
fundamental freedoms. The new Constitution is considered as proof of the political
will of the Head of State to establish international human rights standards on the
political, economic and social governance of Angola. Some of the target areas
that testify to this are: the abolition of the death penalty, the establishment of
ratified international conventions as national law, the obligation that falls on the
judge to apply ratified international conventions; the criminalization of torture and
the obligation of translating the laws into national languages.
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46
165. There is the need to also note the on-going reform in the judiciary, in particular
the review of the various codes in order to harmonize them with the new
Constitution, the drawing up of a specific provision on cases of domestic violence,
the training in human rights to judges, lawyers and personnel of the judiciary, the
monitoring of discipline, integrity and efficiency of the Judges by the Higher Judicial
Council which is empowered to receive complaints of the citizens and treat them.
46
166. The establishment and setting up of the institution of the Ombudsman is another
indicator of the political will of the Authorities in protecting human rights. In spite of
the constraints relating to office accommodation and human resources, this
institution accepted the challenge of organizing the 3rd Congress of Ombudsmen in
Africa on the theme of Good Governance. It is at the very core of human rights and
contributes a lot to the respect of the dignity and well-being of the citizen by the
Government and the local governments. Moreover, it strengthens the rule of law and
governance in general. through its intervention, monitoring and recommendations.
167. The establishment of a National Human Rights Secretariat constitutes a good
practice that will strengthen the surveillance of human rights guaranteed by the
Constitution. In fact, it is worthy to note that the institution of a National Human
Rights Secretariat is new in the Angolan system and most African countries do not
have a Ministry specifically dedicated to human rights and they only set up a human
rights unit within the Ministry of Justice. Although it is a young facility with limited
resources, the Human Rights Secretariat seems to be a promising department in the
search for and supply of information on the enjoyment of human rights in Angola.
168. Concerning the implementation of the rights of women, the African Commission
welcomes the existence in Angola of a national gender policy and a national strategy
in terms of promotion of women as well as many relevant programmes, with big
budgetary resources and which have made it possible to strengthen equity and
promote equality of opportunities in key areas such as: education, literacy classes,
maternal and child health, access of women to micro-credit and entrepreneurship,
equal and secure access of women to land and social housing. Efforts and progress
have been made in the protection of the family and women against domestic
violence thanks to the establishment of family counseling centres in Luanda and in
all the provinces. The African Commission is satisfied about steps taken by the
Ministry of Family Affairs to ensure compliance with the commitments emanating
from the Gender Declaration of the African Union by producing 4 annual reports.
169. It also welcomes the existence, within the National Assembly, of a group of
women parliamentarians who are collaborating with NGOs, Ministries, Departments
and women at the grassroots in common programmes pertaining to the promotion
and protection of the rights of women and girls in Angola.
170. She commended Angola through the Ministry of Interior and Prison’s
Administration for the efforts deployed in terms of creating humane conditions for
women in the Viana prison, and the compliance with standards in terms of space,
sufficient food, both in terms of quantity and quality, hygiene, initial training,
vocational rehabilitation and the availability of cultural activities.
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47
171. The Commission appreciates the establishment of National Council on Children,
which brings together 14 Ministries and 17 NGOs, and welcomes the progress made
in terms of the well-being and protection of the rights of Angolan children through the
47
setting up of several programmes and policies developed in collaboration with
UNICEF, as well as the existence of facilities and coordinated action plans,
integrating the MDGs and standards enacted by the Convention on the Rights of
Children.
172.
She noted the on-going efforts to humane conditions in the Angolan
immigration policy, through education on human rights and humanitarian law,
training of Police Officers, increasing the awareness of the population, review of
the law on asylum, the legalization of the movement of persons, assistance and
social rehabilitation measures, psychological support for asylum seekers, as well
as the new directives relating to treatment and respect of the dignity of foreigners
subjected to forced deportations.
173.
The African Commission notes with satisfaction the setting up of an interdepartmental committee in charge of producing reports on Angola to Treaty
Organs, as well as the presentation by Angola of its report before the Council of
Human Rights, with the hope that the recommendations will be implemented and
popularized.
174.
Notwithstanding the existence of these satisfactory factors, it appears that
because of the high rate of illiteracy of the population, the effective enjoyment of
civil and political rights, seems to be limited to the educated class of citizens who
are in the minority, even in the capital, Luanda,.
175.
The challenges are basically about inadequate resources, lack of welltrained human resources, capable of enhancing the capacity and effectiveness of
administrations, technical services and human rights-related institutions.
176.
The African Commission deplores the insufficient budgetary resources
allocated to the Office of the Ombudsman, as it prevents that institution from
carrying out all the missions assigned to it in terms of disseminating information to
users of public services and protecting the human rights of the citizens.
177.
In the area of access to justice and equality of citizens before the law, the
Commission noted actual needs, in terms of modernization and computerization
of working tools, as well as the need to accelerate the review of on-going codes.
The improvement of conditions of remuneration of judges and the strengthening of
continuous professional training were identified as factors that can give a new
boost to the institution and protect it from corruption.
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48
178.
Concerning Civil Society Organizations involved in the promotion and
protection of human rights, an underground work in terms of collaboration with the
Government about the same issues, needs to be carried out because the
realization of a genuine human rights culture cannot be fulfilled when there are
divisions. The African Commission was able to meet only a limited number of
48
human rights NGOs but unhealthy relations between the Government and part of
the Civil Society Organizations were noted.
179.
Moreover, the police brutality on expelled foreigners as well as Angolan
citizens, as described by some partners, is a manifestation of the fact that there is
a serious human rights violation problem on the part of the police. This issue
deserves careful attention by the Authorities at the highest level with the aim of
undertaking the necessary reforms especially, in the area of recruitment of police
officers, the monitoring of their careers, regulating the entry, the exit and the
establishment of foreigners on Angolan territory.
RECOMMENDATIONS
180.
The African Commission is absolutely convinced that to achieve peace
and reach a sustainable and satisfactory level of development, it is essential for
the State Parties to promote and respect human rights which constitute the basis
for progress in the political, economic, social and cultural spheres.
181.
At the end of the promotion mission, the delegation made the following
recommendations to the Republic of Angola and the other stakeholders :
TO THE GOVERNMENT OF ANGOLA
- Continue with the efforts being made in the building of peace and strengthen
the plans, policies and programmes that are likely to give full effect to the provisions
of the African Charter on Human Rights and Peoples Rights and other relevant
human rights instruments duly ratified.
- Take the appropriate measures to initiate the process of ratification of relevant
regional legal instruments, especially:
• The African Charter on Democracy, Elections and Governance;
• The Protocol on the Establishment of the African Court of Human and
People’s Rights and the Declaration stated in article 34 (6) ;
• The Kampala Convention on Displaced Persons in Africa ;
- Provide the National Human Rights Secretariat with sufficient financial,
material and human resources for the implementation of its programmes and the
development of a partnership with Civil Society Organizations;
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49
- Build human and financial capacities at the Office of the Ombudsman to
enable him fulfill his mandate and create the necessary conditions to guarantee
compliance with the institution’s recommendations by the Government Departments;
49
- Build the capacities of the Courts and Tribunals and provide them with
qualified personnel and adequate resources to promote the smooth running of the
judicial administration;
- Continue and strengthen the modernization programme in the judiciary,
accelerate the on-going reform of the judiciary and ensure the finalization of the review
of the various codes (Penal Procedure Code / Penal/ Civil Code);
- Accelerate the adoption by the National Assembly of the specific provision on
domestic violence;
-
Strengthen the monitoring of the Public Prosecutor’s Office and the
Departments of the Ministry of Interior on the Criminal Investigation
Department and the Departments of Prison Administration in order to create
humane conditions in the prisons and remand cells;
- Ensure the practicality of the legal and judicial assistance services and at the
level of all jurisdictions of the country, Family Counseling Centres, for the benefit of the
destitute in society;
- Increase the powers of the Higher Judicial Council to enable it to carry out its
mission of monitoring judicial activity and the conduct of judges;
- Increase the number of refresher courses for judges, court clerks, and lawyers,
representatives the law, Officials of Criminal Investigation Department and the
personnel of the Penitentiary Administration in the area of Human Rights;
- Include the study of humanitarian law and human rights in the curricula for the
initial and continuous professional training of officials in charge of handling cases of
expulsion;
- Ensure the building of capacity of Departments responsible for police control
at the borders;
- Strengthen the fund for economic empowerment of women and develop a
national support programme for the development of women entrepreneurship;
- Ensure effective implementation by political parties and Departments within the
public service, of measures taken in the area of representation of women at the policy
and decision-making levels;
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50
- Intensify the political training programmes for women and sustain the dynamics
of their involvement in the electoral processes through the provision of financial support
for their campaigns and incentives for the political parties;
- Popularize the Maputo Protocol and the solemn Declaration on equality
50
between men and women as well as the national legal instruments on the rights of
women in national languages and through the State media;
- Increase the number of listening, information and legal assistance centres for
destitute women and build capacity of existing ones through a wider partnership
between the Ministry of Family Affairs, the Ministry of Justice, the National Human
Rights Secretariat and women NGOs ;
- Strengthen on-going policies and programmes, in the area of education and
literacy of girls and women, and guarantee their reproductive rights through the
adoption of laws and an increase in modern and well equipped community health
centres;
- Initiate and establish national programmes to raise awareness and to train
Judges, Lawyers and Officials of the Criminal Investigation Department in matters
relating to women’s rights in the context of international and regional legal instruments;
- Draw up a gender disaggregated statistical data on the extent and nature of the
cases of violence suffered by women and adopt a plan of action to fight against all
forms of violence suffered by women;
- Provide Government Departments with adequate resources in a bid to prevent
and find appropriate answers to social emergencies and natural disasters;
- Strengthen partnership relations between Government
Departments,
institutions and NGOs concerning national human rights programmes and draw up a
policy on granting subventions to NGOs, in order to support their sensitization
programmes and advocacy activities;
- Maintain co-operation with the African regional as well as international Human
Rights institutions, development partners ;
- Indicate in the next periodic report, measures taken to popularize and
implement the recommendations made in this report.
TO NON GOVERNMENTAL ORGANIZATIONS
- Intensify human rights awareness programmes among the population and
develop training modules in human rights for legal practitioners and police Officers;
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51
- Seize the opportunity offered by their participation in the interdisciplinary
Committee on report writing to continue the dialogue with the Government.
TO SPECIALIZED AGENCIES OF THE UNITED NATIONS SYSTEM
51
- Continue and increase technical assistance and the financial support for Government
programmes and Civil Society Organizations in the area of promotion and protection of
human rights.
List of Persons and Institutions visited.
19 – 26 April 2010
19 April
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52
20 April 2010
Name
Mr. John Manuel
Damba
Minister Assuncao
dos Anjos
Purpose of Meeting
Press Conference at
Airport
Working Session
with Minister of
External Relations
Speaker of
Parliament:
Antonio Paulo
Kassoma
His Excellency
Vice Minister Dr.
Jose Bamoquina
Zau
Ana Celeste
Januarior –
Secretary de etat
pour le droit de ‘l
homme
Meeting with
Speaker of
Parliament
He was alone
Meeting with the
Ministry of Interior
List to be typed
H.E. Minister:
Meeting with
Meeting with the
Human Rights
Secretariat
Commission
In Attendance
Comments
1. Georges Chikoti – Secretary of State of
External Relations for Political Affairs;
2. Nelson Cosme – Director for Africa and
Middle East;
3. Coimbra Baptista – Director of Cabinet
of the Minister;
4. Margarida Tsata – Director for
International Organisations;
5. Natalia Jamba – Directo of Cabinet of
the Secretary of Stete for Political Affairs;
6. Raimundo Quimoma – Ministry of
External Relations Head of Department
Africa Union;
Aquinaldo Baptista – Ministry of External
Relations focal Point for Human Rights in
Africa.
Elia Cassuama – Director de Gabinete dos
S.E.D.H?
Raimundo Quimoma – Minister Councillor
director Africa???
Carlos Veiga – Consular de Infrensa do
S.E.D.H
52
Genoveva da
Conceicao Lino and
H. E. Vice Minister
Ana Paula da Silva
do Sacramento
Neto
Ministry of Women
and Family Affairs
Meeting with Staff
of External
Ministry, Africa
and Middle East
Visit to Family
Counseling Centre
Visit to Vienna
Prison
Meeting with
Director of
Immigration
1.
Georges R.S. Domingos Kioza –
Ministeria do Urbanismo e
Construcioa;
2. Aguinaldo Guedes C. Cristovdo
Ministry of Culture
3. Joao Casdno - Secretario Geralda
LIDDHA/FONGA
4. Radso Domingo Antonio da
Costa – Institution National da
Guanea (INAC) ??
5. Aquinaldo Baptista -Ministry of
External Relations Director for
Africa and Middle East. Third
Secretary and
6. Lawisa Ceperaenca Antonio –
Ministry of Justice, Director for
Human Rights
List not clear
Cordeiro Joao;
Teresa Silva;
Aurelio Ferreira;
Luis Paulo;
Manuel Van Dunem and
Aquinaldo Baptista
Meeting with
Attorney General
1. Helder Pitta Groz- Vice AG
2. Filoteina M. Goncaives Deputy AG.
3. Agostinho Dotingos Deputy AG
4. Gilberto R. Vunge Dir. Gab. PRG.
5.??
6.??
7.??
Dr. Koen
Vanormelingen
UNICEF Rep and
Dr. Brandao Co.
Meeting with UN
Representative for
Angola
Movou Antonia Ortega
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53
Jaso Marian
Desovsa
53
Information on the ratification of human rights instruments
Title
PROTOCOL ON THE ESTABLISHMENT OF THE PEACE AND
SECURITY COUNCIL OF THE AFRICAN UNION
11/04/1992
19/09/2001
30/04/1981
30/08/2007
02/03/1990
Page
54
AFRICAN CHARTER ON THE RIGHTS AND WELL-BEING OF THE
AFRICAN CHILD
CONSTITUENT TREATY OF THE AFRICAN UNION
OAU CONVENTION REGULATING SPECIFIC ASPECTS OF
REFUGEE PROBLEMS IN AFRICA
PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND
PEOPLES’ RIGHTS RELATING TO WOMEN’S RIGHTS IN AFRICA
THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
Date of
ratificatio
n
29/01/2003
54