Angola

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

The government or its agents committed arbitrary or unlawful killings and sometimes used excessive force in maintaining stability. The national police and Angolan Armed Forces have internal mechanisms to investigate security force abuses.

On January 30, the National Police reported that in the village of Cafunfo, a rich diamond area in Lunda Norte Province, 300 individuals armed with sticks, machetes, and firearms tried to forcibly enter a police station. This provoked local police to use deadly force resulting in six deaths, 20 injured, and more than two dozen arrests. Some nongovernmental organizations (NGOs) and media sources framed the attack as a peaceful demonstration protesting the lack of access to water, education, and social services and reported much higher (unsubstantiated) death tolls. The group was organized by the Lunda Tchokwe Protectorate Movement, which seeks independence for the region. The government viewed the clash as an armed insurrection and justified the use of force in self-defense.

b. Disappearance

There were reports of disappearances by or on behalf of government authorities.

On January 30, following clashes between protesters and security forces in Cafunfo, there were varying reports of missing persons. The opposition parties National Union for the Total Independence of Angola (UNITA), Broad Convergence for the Salvation of Angola Electoral Coalition (CASA-CE), and Partido de Renovacao Social (Social Renewal Party) reported 10 persons missing. Amnesty International released unconfirmed reports alleging many missing activists were killed and their bodies thrown into the Cuango River. A respected journalist who visited Cafunfo between March and June reported that six persons involved in the clash were missing.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions.

Periodic reports continued of beatings and other abuses both on the way to and inside police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender.

On April 17, the Movement of Angolan Students (MEA) organized a protest against increased public university fees. According to the students, police dispersed demonstrators with tear gas and beatings. In a press note, MEA’s national secretary Laurindo Mande accused the police of violence against the students that resulted in 20 injuries and several detentions.

On July 1, a group of teachers in the city of Uige staged a protest demanding paid leave and back pay for examination subsidies they alleged had not been paid since 2019. Protest organizers reported that police used tear gas and violence to disperse the crowd, resulting in several injuries, three of which were serious; 12 teachers and one journalist were detained by police, and several demonstrators had their property seized or destroyed.

Security forces sometimes used excessive force when enforcing restrictions to address the COVID-19 pandemic. The government has held security forces accountable for these abuses in several cases and provided some training to reform the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: Prisons had a total capacity for 21,000 inmates but held approximately 25,000 inmates, with approximately 10,000 of those inmates held in pretrial detention. The prison system held an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime. Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

On April 26, the director of the Nkiende penitentiary in Mbanza Congo, Zaire Province, said that the facility was overcrowded with more than double its capacity of 250 inmates and was housing 511 persons at the time.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of deaths in prisons, but there were reports of inmates getting sick due to the poor conditions of the prisons, including with COVID-19. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local NGOs stated prison services were insufficient.

In Caboxa jail, Bengo Province, there were reports from inmates and their relatives of episodes of violence against inmates that included beatings. There were also reports that jail officials forbade family members from bringing food and toiletries, relegating inmates to purchase provisions from a small shop inside the jail. Those without money faced illness and malnutrition. Bengo provincial officials disputed these claims, noting the jail had its own poultry and livestock farm.

On May 12, the Multisectorial Commission for Prevention and Combat of COVID-19 in Cuando Cubango Province reported that there were 284 positive cases in the jail in Menongue, the provincial capital. The jail was built to accommodate 500 inmates but held more than 800. The authorities isolated the site for institutional quarantine and released those who had already served their sentences.

Administration: The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons by impeding their ability to enter the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office, and members of the National Assembly to assess prisoners’ living conditions. Members of the National Assembly conducted independent visits to prisons. On May 13, parliamentarians visited Luzia jail in Lunda Sul Province, where inmates complained about several cases of excessively long pretrial detention.

Improvements: The COVID-19 vaccination campaign covered facilities in Bengo, Lunda-Sul, and Huambo provinces. On August 24, approximately 900 inmates were vaccinated in Caboxa jail.

During the year seven videoconference rooms, called Virtual Parlors, were installed in three jails in Luanda and in one in Bengo allowing inmates to have virtual contact with their relatives and lawyers. The UN Development Program financed the project, implemented by the Human Rights Center of the Catholic University and the Penitentiary Services.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

Arrest Procedures and Treatment of Detainees

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the matter. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographic distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda, most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law allows detainees to be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

In March 2020 prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 2020 when the subsequent “state of calamity” entered into force. A presidential decree published in May 2020 provided that visits to inmates were allowed on three occasions over the following two months for separate classes of inmates. Subsequent updates to the “state of calamity” did not mention visits to prisons. During the year there were no additional provisions that allowed families to visit their relatives in prison.

Arbitrary Arrest: During the year there were instances in which security forces reacted violently to public demonstrations against the government and detained protesters. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations.

On August 21, 17 protesters were detained in Luena, the capital of Moxico Province, during a protest against the high cost of living and lack of adequate schools in the region. They were released the same day.

On August 30, a group of approximately 20 activists were prevented from demonstrating in front of parliament against a bill under discussion regarding the electoral rules for the upcoming electoral processes. Several protesters were detained, including the youth leader of the Democratic Block party, Adilson Manuel.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to five years in pretrial detention. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

The director general of the penitentiary service, Bernardo Gurgel, recognized during a visit to Malanje jails that there were several irregularities. Among them were excessive pretrial detentions; delays in release warrants; and delays in decisions for parole due to administrative difficulties faced by the Malanje court.

A deputy attorney general said the Caboxa jail, in Bengo Province, held 18 inmates beyond the period of pretrial detention. The jail also held several prisoners who had served their sentences and awaited a release warrant.

On April 26, the deputy attorney general in Zaire Province said the Nkiende jail in Mbanza Congo held more than 20 detainees beyond the pretrial detention period.

e. Denial of Fair Public Trial

The constitution and law provide for an independent and impartial judiciary. The judicial system was affected by institutional weaknesses, including political influence in the decision-making process. The Ministry of Justice and Human Rights and the Attorney General’s Office worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs to foster the independence of the judicial system.

There were long trial delays at the Supreme Court, in part because the court remained the only appellate court in the country. A 2015 law established another level of appellate courts to reduce delays. Three of these courts were inaugurated in Luanda, Benguela, and Lubango, and judges and personnel were recruited but were not operating at year’s end. Criminal courts also had a large backlog of cases that resulted in major delays in hearings. In July a bill was approved to add 10 more judges to the Supreme Court, bringing the total to 31, to help address the backlog of more than 4,300 cases before the criminal, civil, and labor chambers of the court.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional community leaders (known as sobas) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.

Both the national police and the Angolan Armed Forces have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the Attorney General’s Office and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

Trial Procedures

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings, from the moment of being charged through the close of all appeals.

In February the procedural penal code approved by the National Assembly in the previous year came into force. It clarifies the roles of each party in the judicial process, introduces rules to hasten judicial processes, and provides new procedural rules for both claimants and defendants.

By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights, all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

Political Prisoners and Detainees

On February 9, the Criminal Investigation Services arrested Jose Mateus Zecamutchima, leader of the Lunda Tchokwe Protectorate Movement, after being summoned in the aftermath of the January 30 protest in Cafunfo that led to clashes between members of the movement and security forces. The charges against Zecamutchima included instigating the events that led to the January 30 clash. He was held for seven months before being formally indicted for the crimes of outrage to national symbols and criminal association. Media reports viewed his detention as politically motivated, while the government claimed his separatist speeches led to the gathering and resulting violent clash on January 30.

Civil Judicial Procedures and Remedies

Damages for human rights abuses may be sought in provincial courts and appealed to the Supreme Court. The new procedural penal code that entered into force in February allows victims of human rights abuses to seek compensation from the state. The rules provide that the state must compensate victims who are illegally detained or arrested, are under excessively long pretrial detention, are not released in due time against a legal provision or a court decision, or are victims of a gross judicial error. Public agents responsible for actions that abuse human rights should in turn compensate the state.

The constitution and law prohibit the arbitrary or unlawful interference of privacy, family, home, or correspondence, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained that the government monitored their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

Section 2. Respect for Civil Liberties

The constitution and law provide for freedom of expression, including for members of the press and other media, but the government did not always respect this right. State media continued to be the primary source for news and generally reflected a progovernment view. Individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices. Reporting on corruption was the primary reason for attacks against journalists, which occurred with impunity.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: In May the government ordered three television stations to cease broadcasting all content and accused the stations of failing to register properly. This further solidified government control of the country’s television stations, as several other private media outlets returned to state control in 2020 following a state corruption investigation conclusion that the outlets had been illegally funded with public funds through individuals with ties to former president Jose Eduardo dos Santos. Journalists and opposition parties said the seizure of the media outlets would limit independent journalism leading up to national elections in 2022. The government argued that the seized companies were in poor economic shape and needed to be restructured before offering them for sale to investors under the government’s privatization program.

Transmission licenses are granted by the minister of telecommunication, technology, and media. Journalists criticized the cost of licenses and said high costs impeded media pluralism and the emergence of new players. The base license to operate a television station was $1.4 million, while a radio license cost $136,000. Journalists also criticized the opacity of the process used by the government to grant transmission licenses.

Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets, and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives, as well as of social problems reflecting poor governance. TPA broadcast plenary sessions of the National Assembly live, including interventions by opposition parties. TPA also invited opposition politicians and civil society members to comment live on stories featured on nightly newscasts, but private stations were prohibited from filming parliament. Opposition parties received less overall coverage on state media than the ruling Popular Movement for the Liberation of Angola (MPLA) party, and it was often difficult to distinguish between communications of the government and those of the ruling party.

Violence and Harassment: Journalists reported more incidents of violence or harassment compared with the previous year.

In March an editor of a weekly newspaper was held for questioning and a criminal case was opened against him after he published an article critical of President Lourenco. In April a reporter for Radio Despertar, an opposition-run media outlet, was arrested for covering antieviction protests. He was held for five days, and his equipment was retained by authorities.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA) is a body composed of 11 counselors designated by political parties represented in the parliament, the government, and journalists. ERCA’s responsibility is to safeguard press freedom and lawful media activity and to issue regulations and decisions on those issues. Journalists and opposition political parties criticized ERCA for being controlled by the ruling MPLA and for issuing regulations that favored the government.

The Ethics and Credentialing Commission (ECC) is a body exclusively composed of journalists that is authorized to license and delicense journalists. In July the Ministry of Telecommunications, Technology, and Social Communication opened an office to support ECC operations. As of October any media outlets allowing a journalist to work without the credential faced a fine of approximately 23,100 kwanza ($42 dollars), which was approximately a journalist’s monthly salary. Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

Libel/Slander Laws: Defamation is a crime punishable by imprisonment or a fine. Unlike cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused with the right of reply.

In April defamation charges were brought against an editor and founder of a privately owned newspaper in Benguela. During the year criminal defamation charges were also brought against editors of several news outlets that had published articles on government corruption. In July government officials filed charges of defamation against two journalists after they reported on government corruption. An editor of an online news outlet was convicted of criminal defamation after he published articles on land appropriation and government corruption.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the right of peaceful assembly and association, and the government sometimes respected these rights.

Freedom of Peaceful Assembly

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies, but it permits authorities to restrict or stop assemblies in public spaces within 109 yards of public, military, detention, diplomatic, or consular buildings for security reasons. The law also requires public assemblies to start after 7 p.m. on weekdays and 1 p.m. on Saturdays.

Several civil rights groups challenged the 1991 law on freedom of assembly by holding unannounced protests. The groups said the law restricts the fundamental right to assembly granted by the 2010 constitution and refused to inform the authorities in advance about the time and location of protests and public assemblies.

The government permitted demonstrations, including antigovernment protests, but at times prohibited events based on perceived or claimed security considerations. Police and administrators did not interfere with progovernment gatherings. Politically unaffiliated groups intending to criticize the government or government leaders often encountered the presence of police who prevented them from holding their event or limited their march route. In such cases authorities claimed the timing or venue requested was problematic, that proper authorities had not been notified, or that COVID-19 protocols could not accommodate the request.

Freedom of Association

Extensive delays in the NGO registration process continued to be a problem. NGOs that had not yet received registration were allowed to operate. At times the government arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for projects and other activities. Authorities generally permitted opposition parties to organize and hold meetings.

A 2012 law and a 2002 presidential decree regulate NGOs. Despite civil society complaints that requirements were vague, the Ministry of Justice and Human Rights actively provided information on registration requirements.

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, despite an incremental drop in cases, some police officers continued to extort money from civilians at checkpoints and during regular traffic stops. Reports from the diamond-mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

During the year, due to a severe, prolonged drought in the southern provinces, approximately 15,000 internally displaced persons (IDPs) congregated around feeding centers in Cunene, Huila, and Namibe Provinces. As of late September the centers and camps were not organized or managed but consisted of organic congregations of persons numbering up to 2,000 in one location.

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, but the government had not fully implemented the law. The law provides specific procedures for the submission of an asylum application and guidance on the determination of refugee status. UNHCR and several NGOs, however, reported that asylum seekers did not have a mechanism to apply for or resolve their status. A 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the prior implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board. The government had not put into practice a mechanism to adjudicate asylum cases in the committee’s place. The law also authorized the creation of reception centers for refugees and asylum seekers where they were to receive assistance until the government decides on their cases, but the government had not yet established these centers.

Abuse of Migrants and Refugees: There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants to return to the Democratic Republic of the Congo (DRC). The International Organization for Migration recorded more than 8,000 irregular migrants returning from Angola to the DRC in August and September. Departing irregular migrants often did not have access to water or shelter during their journey on foot to the border and were at risk of human rights abuses, including gender-based violence. The government permitted two female refugees within the irregular migrant group to remain in Angola. The government failed to provide adequate protection for asylum seekers and urban refugees in this area.

In 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign affected both legal and undocumented migrants, refugees, and stateless persons who relied on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. One NGO said Operation Rescue had not ended and the problems associated with the operation continued.

Under the law authorities should issue refugee cards with a five-year validity. According to UNHCR the government had not issued or renewed refugee cards since 2015, and no refugee possessed an unexpired, government-issued refugee card during the year. The minister of interior told UN officials that the government would begin to fully implement the law when COVID-19 restrictions were lifted. Refugees reported a general lack of acceptance of the refugee card and lack of knowledge concerning the rights it was intended to safeguard.

Freedom of Movement: UNHCR, NGOs, and refugees reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or destroyed their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province, and cited such restrictions as a factor motivating them to return to the DRC.

Employment: The law does not allow refugees to work and restricted refugees from obtaining business licenses. A regulation restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their inability to obtain legal documents required to work in the formal sector. Authorities continued to harass asylum seekers and refugees working in the informal market.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. The government had not implemented key elements of the 2015 asylum law, such as refugee and asylum seekers’ access to basic services and issuance of documents, including new or renewed refugee cards and birth certificates for refugees’ children born in the country. UNHCR, NGOs, and refugees, however, reported that urban refugees were unable to obtain legal documents and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties. Lack of documentation or expired documentation prevented refugees from owning land or vehicles in their name, purchasing cellular SIM cards, obtaining business licenses, and accessing education beyond primary school.

Durable Solutions: In 2020 the government cooperated with UNHCR and supported an organized voluntary repatriation of 2,912 refugees from Lunda Norte to the DRC. As of August 31, according to UNHCR, 6,801 refugees remained at its Lovua, Lunda Norte, resettlement camp. The government through the Migration and Foreigners Service and the Ministry of Social Action, Family, and Women’s Promotion (Ministry of Social Assistance) participated in the screening phase to ensure that those to be repatriated were refugees, processed the related repatriation documentation, facilitated family reunification for the purpose of returning, verified that those returning were on the Voluntary Repatriation (VolRep) manifest, and signed the VolRep manifest at the borders for handover to counterparts on the DRC side. The COVID-19 pandemic delayed further repatriation convoys.

The government estimated there were more than 12 million unregistered citizens in the country. Children of undocumented foreign parents born in the country may fall into a stateless status if the parents are unable to register them.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2017 the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote, and the country inaugurated MPLA party candidate Joao Lourenco as its third president since independence. The MPLA retained its 68 percent supermajority in the National Assembly in the 2017 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. Opposition parties complained to the Constitutional Court regarding aspects of the electoral process, including the National Electoral Commission’s lack of transparent decision making on key election procedures and perceived irregularities during the provincial-level vote count.

The central government appoints provincial governors. Local government elections, originally planned to take place in 2020, faced a series of delays from legislative processes, procedural debates, and the COVID-19 pandemic. During the year President Lourenco proposed a constitutional amendment providing for local government elections to be implemented across the nation. In September the National Assembly passed the law, but no date was set for the elections. Opposition parties and civil society criticized the government for failing to provide a prospective date for the municipal elections.

Political Parties and Political Participation: The ruling MPLA party dominated all political institutions. Political power was concentrated in the presidency and the Council of Ministers, through which the president exercised executive power. The Council of Ministers largely determines which legislative proposals are submitted to the National Assembly for approval. The National Assembly consists of 220 deputies elected under a party list proportional representation system. The National Assembly has the authority to draft, debate, and pass legislation, but the executive branch often proposed and drafted legislation for the assembly’s approval.

Political parties must be represented in all 18 provinces, but only the MPLA, UNITA, and CASA-CE, to a lesser extent, had truly national constituencies. By law no political party may limit party membership based on ethnicity, race, or gender.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups, including persons with disabilities; lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons; and indigenous persons, in the political process, and they did participate. Of the 220 deputies in the national assembly, 65, or 30 percent, were women, up from 27 percent for the last three years. Four of 18, or 22 percent, of provincial governors were women, which was double the number from both 2018 and 2019, and seven of 21, or 33 percent, of cabinet ministers were women, down from 38 percent in 2018 and 2019. The country has multiple linguistic groups, many of which were represented in government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government implemented the law effectively. The government dismissed and prosecuted cabinet ministers, provincial governors, senior military officers, and other officials for corruption and financial crimes. There were numerous reports of government corruption during the year. The Attorney General’s Office continued corruption investigations and brought criminal charges against several officials. Nonetheless, official impunity and the uniform application of anticorruption legislation remained a serious problem.

Corruption: In April authorities sentenced the minister of social communications under former president Jose Eduardo dos Santos, Manuel Rabelais, to 14 years and six months in prison for embezzlement and money laundering committed in a foreign exchange scheme between 2016 and 2017.

In late May President Lourenco dismissed his minister of state and seven other high-level military officials following the arrest of a military major attempting to leave the country with two suitcases full of money. In June 2020 other provincial government and military officials in Cuando Cubango were also detained as part of the same investigation.

In July Attorney General Helder Pitta Gros announced in a press conference that the government had been able to freeze more than 550 billion kwanza (one billion dollars) that had been stolen and deposited in foreign banks. He noted that the funds would be repatriated following legal proceedings.

Carlos Manuel de Sao Vicente, former head of the insurance company AAA Seguros, remained in custody after a September 2020 arrest for alleged money laundering.

On September 21, the former chairman of the board of directors of the Luanda Collective and Urban Transport Company, Abel Antonio Cosme, was extradited by Portugal to the country. Although he was released from custody on September 29 after paying more than nine million kwanza ($16,500) in bail, his extradition was the first of its type to the country for corruption charges.

Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups operated throughout the country. Some groups investigating government corruption and human rights abuses alleged government interference in their activities, particularly in provinces outside of Luanda. Civil society organizations faced fewer difficulties in contacting detainees than in previous years, and prison authorities permitted civil society work in the prisons, but COVID-19 preventive measures forced limited access by some civil society groups.

The law requires NGOs to specify their mandate and areas of activity. The government used this provision to prevent or discourage established NGOs from engaging in certain activities, especially those that the government deemed politically sensitive.

The government allowed local NGOs to carry out human rights-related work, but many NGOs reported they were forced to limit the scope of their work because they faced problems registering, were subjected to subtle forms of intimidation, and risked more serious forms of harassment and closure.

Government Human Rights Bodies: The state-funded Interministerial Commission for the Writing of Human Rights Reports included representatives from various government ministries. Leading civil society members decided not to participate on the commission because they did not believe the commission was independent or effective.

The 10th Commission on Human Rights of the National Assembly is charged with investigating citizen complaints of alleged human rights violations and makes recommendations to the National Assembly.

An Office of the Ombudsman, with a national jurisdiction, existed to mediate between an aggrieved public, including prisoners, and an offending public office or institution. The office had representative offices open in the provinces of Cabinda, Kwanza-Sul, Cunene, Huambo, and Luanda. It had neither decision-making nor adjudicative powers but helped citizens obtain access to justice, advised government entities on citizen rights, and published reports. These reports are presented annually to the National Assembly. The ombudsman is elected by the National Assembly.

During the year the government began the implementation and training of local human rights committees at the provincial, municipal, and communal levels. These committees were composed of government representatives, civil society members, journalists, religious representatives, and traditional authorities. The committees are tasked with gathering information and reporting monthly on human rights issues within their area.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future