On August 29, 2024, Angolan President João Lourenco signed into law the National Security Bill and the Bill on the Crimes of Vandalism of Public Goods and Services.[1] Both of these bills institute severe punishments for crimes committed during protests.[2] Many civil rights advocacy groups argue that the laws effectively abolish the right to protest in Angola.[3] They also argue that both of the new bills are unconstitutional.[4] After reviewing both bills, these newly signed laws likely violate Article 32 and 47, but not Article 40, of the Angolan Constitution.[5]
(1) Angola Legal Overview
Angola is Sub-Saharan West African country with a population of around thirteen million people.[6] Angola is rich in natural resources and is one of Africa’s largest oil exporters; despite this, Angola is one of the world’s poorest countries.[7] The country is still recovering from a twenty-seven year civil war, dating from its 1975 independence from Portugal until 2002.[8] According to the United Nations, Angola is a multiparty democracy with an Executive Presidency, composed of the President of the Republic, the National Assembly, the Government, and the Courts.[9] In 2010, Angola adopted a new constitution, which replaced the Prime Minister in favor of an President with much broader power.[10] In 2020, Angola adopted a new penal code, replacing its 134-year-old colonial criminal code.[11] Although much of the code was changed, remaining Article 333, criminalizes public speech that insults “the Republic of Angola, the President of the Republic, or any other Sovereign Body.”[12] The National Security Bill and the Bill on the Crimes of Vandalism of Public Goods and Services both criminalize speech and/or actions relating to government property and services.[13]
(2) The New Laws
a. National Security Bill
Regarding the National Security Bill, Article 36 is potentially problematic in regards to protestor’s rights.[14] Articles 12-16 define Police and the Angolan Armed Forces as the “National Security System,” which is directly managed by the President and the National Security Council (“NSC”). The NSC’s main purpose is to assist the president in formulating and implementing national security policy.[15] Article 36 further requires the NSC to adopt preventive measures, including: carrying out inspection actions in establishments and public places; prohibition of the broadcasting from public or private radio communication systems or barring of telephone service in certain spaces; and temporary interruption of land, air, sea and river communication routes, telecommunications systems, and access and movement of people.[16] Additionally, in exceptional circumstances – which is not defined by the law – police may temporarily close and prohibit access to movement and means of transport in establishments or places whose activity is likely to disturb public order.[17] Since “exceptional circumstances” are not defined, this Act effectively gives the president and the police the right to restrict communications and gatherings of people whenever they deem a circumstance “exceptional”.[18]
b. Crimes of Vandalism of Public Goods and Services Act
Article 4 of Angola’s Crimes of Vandalism of Public Goods and Services Act states that anyone who destroys public property, disrupts or frustrates the provision of public services is to be punished with a prison sentence of five to ten years.[19] Public services are vaguely defined as a set of actions and formalities aimed at achieving the public interest or satisfying collective needs, which is understood to mean police or Armed Forces action.[20] This could be broadly construed to mean that anyone who refuses a police order to leave a protest – even without reason – is in violation of Article 4 and subject to a lengthy prison sentence. Article 10 of the Act goes on to explain that anyone who disrupts or frustrates, even temporarily, the provision of a public service, is punished with a prison sentence of three to seven years if the damage is small, seven to ten years if the damage is high, and ten to fifteen years if the damage is considerably high.[21] The damage threshold amount is not specified in the act.[22] With no definition on damage amounts, graffiti or simple disobedience an officer’s orders, may be deemed to have any degree of damage, resulting in three to fifteen years in prison. Additionally, Articles 15 and 8 punish anyone who disseminates information relating to security measures applicable to public goods and services relating to electronics or communication, among others, to anywhere from fifteen to twenty years in prison.[23] This could easily be applied to police communications in public places. Dissemination of such information is prohibited if done, “by any means,” but Article 15 specifically prohibits dissemination through photographs, videos, or drawings.[24] Again, broadly construed, this means that photographing or taking a video of police officers communicating with each other or with citizens could result in a sentence of fifteen to twenty years in prison.
(3) Constitutional Analysis
The Angolan Constitution, created in 2010, appoints the president as Head of State and Head of Government.[25] However, Articles 30-55 guarantee certain fundamental rights to all citizens of Angola.[26] Some of those fundamental rights, including the right to identity and privacy, freedom of expression and information, and freedom to meet and demonstrate seem to be directly at issue with the two new laws.[27] The issue remains whether the limitation of these rights by National Security Bill and the Bill on the Crimes of Vandalism of Public Goods and Services is allowable under the Angolan constitution. According to Article 57, subsequent laws in Angola, “may only restrict rights, freedoms and guarantees in cases expressly prescribed in the Constitution.”[28] Also, “restrictions must be limited to what is necessary, proportional and reasonable in a free and democratic society.”[29]
a. Article 32 – Right Free Speech
Article 32 guarantees right to free speech for all.[30] Nothing in the Article limits this right.[31] Therefore, there should not be any limits on free speech in subsequent laws. This is clearly not the case with the two new laws. Under the National Security Bill, the government gives itself the power to restrict communications whenever they deem a circumstance “exceptional”.[32] This is clearly unconstitutional, since it restricts a variety of speech.[33] Also, the prohibition on photographing or taking a video of police officers in the Crimes of Vandalism of Public Goods and Services Act is an unconstitutional limitation on speech.[34] However, Article 40[35] likely provides a loophole for the Angolan government to implement these provisions by citing Article 40 when speech is limited.
b. Article 40 – Freedom of expression and information
Article 40 prescribes that everyone shall have the right to freely express, publicize, and share their ideas through words, images, or any other medium.[36] Article 40 states that the right of expression may not be obstructed by any type of censorship.[37] However, this fundamental right is extremely limited in that all people can be held criminally liable for their actions, when “committing an infraction during the course of exercising freedom of expression.”[38] This limitation implies that the government may pass laws that create infractions and apply those to freedom of expression. That’s exactly what the government did with these two new laws.[39] Therefore, the National Security Bill prohibition of public or private radio communication systems and barring of telephone service is allowed under Article 40.[40] Likewise, the Crimes of Vandalism of Public Goods and Services Act prohibition on dissemination of information through photographs and videos, and restrictions on graffiti or disobeying an officer’s orders is constitutional.[41] If faced with a constitutional challenge, the government will likely turn to Article 40 to show that their severe limitations on speech and expression are constitutional.[42]
c. Article 47 – Freedom to meet and demonstrate
The freedom of assembly and peaceful, unarmed demonstration, without the need for any authorization, is another fundamental right guaranteed to all citizens by the Angolan Constitution.[43]
The provision is limited in that authorities must be given advance notification of meetings and demonstrations held in public places.[44] Here, the National Security Bill’s prohibition on access, movement of people, and means of transport in establishments or public places is not constitutionally permissible if the groups give advance notice to the government.[45] Also, under the Crimes of Vandalism of Public Goods and Services Act, criminalization of the act of refusing a police order to leave a protest when proper notice is given is also unconstitutional.[46] Additionally, a three to fifteen-year sentence for refusing to leave a protest is not limited to what is proportional and reasonable in a free and democratic society under Article 57 of the Angolan Constitution.[47]
(4) Conclusion
The recently signed laws both contain language that impermissibly restricts Angolan Citizens’ Constitutional right to protest.[48] Angolans’ right to free speech[49] is fundamentally unlimited within its section of the constitution, but the freedom of expression[50] is severely limited in the text of other articles of the constitution. The limitation on expression in Article 40 likely renders portions of the acts constitutional that would otherwise be unconstitutional under Article 32. Therefore, at least Section 36 of the National Security Bill and Sections 4 and 10 of the Crimes of Vandalism of Public Goods and Services should be struck from the text as unconstitutional.[51]
[1] Lei dos Crimes de Vandalismo de Bens e Serviços Públicos [Law on Crimes of Vandalism of Public Property and Services], Law No. 13/24, of August 22, 2024; Lei de Segurança Nacional [National Security Law].
[2] Antonio Cascais, Angola: Critics slam new law to ‘ban demonstrations’, DW (Sept. 11, 2024), https://www.dw.com/en/angola-critics-slam-new-law-to-ban-demonstrations/a-70175967.
[3] Id.
[4] Id.
[5] Constitution of the Republic of Angola Jan. 21, 2010, art. 32, 40, 47.
[6] Constitutional history of Angola, Constitutionnet, https://constitutionnet.org/country/angola (last visited Oct. 28, 2024).
[7] Id.
[8] Id.
[9] Permanent Mission of the Republic of Angola to the United Nations, United Nations, https://www.un.int/angola/angola/government (last visited Oct. 28, 2024).
[10] Angola: Government, Michigan State University, https://globaledge.msu.edu/countries/angola/government (last visited Oct. 28, 2024).
[11] Angola: Criticism of the State is a Right, Not a Crime, American Bar Association (Aug. 20, 2024), https://www.americanbar.org/groups/human_rights/reports/angola-article-333/.
[12] Article 333 of the Angolan Penal Code, Law No. 38/20, of November 11, 2020.
[13] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, of August 22, 2024; National Security Law.
[14] National Security Law, art. 36.
[15] Id. at art. 12-16.
[16] Id. at art. 36.
[17] Id.
[18] Id.
[19] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 4, of August 22, 2024.
[20] Id. at art. 3.
[21] Id. at art. 10.
[22] Id.
[23] Id. at art. 8, 15.
[24] Id.
[25] See Constitution of the Republic of Angola Jan. 21, 2010, art. 108, 134.
[26] Angl. Const. art. 30-55.
[27] Angl. Const. art. 32, 40, & 47.
[28] Angl. Const. art. 57.
[29] Angl. Const. art. 57.
[30] Angl. Const. art. 32.
[31] Angl. Const. art. 32.
[32] National Security Law, art. 36.
[33] Angl. Const. art. 32.
[34] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 8, 15, of August 22, 2024.
[35] Angl. Const. art. 40.
[36] Angl. Const. art. 40.
[37] Angl. Const. art. 40.
[38] Angl. Const. art. 40.
[39] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, of August 22, 2024; National Security Law.
[40] Angl. Const. art. 40; National Security Law, art. 36.
[41] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 8, 15, of August 22, 2024.
[42] Angl. Const. art. 40.
[43] Angl. Const. art. 40.
[44] Angl. Const. art. 40.
[45] Angl. Const. art. 47; National Security Law, art. 36.
[46] Angl. Const. art. 47; Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 4, 10, of August 22, 2024.
[47] Angl. Const. art. 57; Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 4, 10, of August 22, 2024.
[48] Angl. Const. art. 37, See Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, of August 22, 2024; See National Security Law.
[49] Angl. Const. art. 32, 40.
[50] Angl. Const. art. 32, 40.
[51] Law on Crimes of Vandalism of Public Property and Services, Law No. 13/24, art. 8, 15 of August 22, 2024.
