Legal and electoral framework
The foundation of the legal framework in Angola is the Law of the Constitution of the Republic of Angola, 1991. The Constitution set out the basic freedoms and rights and, in its art.15, declares to respect the Principles of the United Nations Charter and the Organisation of African Union Charter.
According to the Constitution, the legal and constitutional norms regarding fundamental rights shall be interpreted and integrated in harmony with the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights, and other international instruments to which Angola is a party to (Art. 21).
Political and Civil Rights
Some key articles of the Constitution on civil and political rights include:
- The sovereignty lies with the people. The Angolan people exercise political power through universal and periodic suffrage to choose their representatives (Art. 3)
- All Angolans are equal and no discrimination based on color, race, ethnicity, gender…is allowed (art.18/1)
- Death penalty is prohibited (art.22)
- Freedom of movement - Every citizen can move freely and remain in any part of the national territory without being barred from doing so for political or other reasons (art.24)
- Every citizen, eighteen or older, except those legally deprived of civil and political rights, has the right and the duty to actively participate in the public life, voting and being elected to any organ of the State…. (Art. 28/1)
- Freedoms of expression, assembly, manifestation and association are guaranteed (Art. 32/1)
- Freedom of the Press (art.35)
- Freedom of thought and religion (art. 45)
The classical separation of powers - legislative, jurisdictional and executive – is embedded in the Constitution as it defines the composition and functions of the different political sovereign bodies ( art. 53):
- President of the Republic (art.56 – 5 year mandate)
- National Assembly (art. 78 – 4 year mandate)
- Government (art. 105)
- Supreme Court (art.125)
- Constitutional Court (art.134)
The end of the long period of war and subsequent political stabilization of Angola has allowed for the development of an important new legal electoral framework. The most important of the recently produced new Laws and regulations have been issued in 2005 and will be tested for the first time in the 5 September elections for the National Assembly.
These are some of the most important legal instruments for these legislative elections are:
- Law on Political Parties - Law 02/05
- Law on Electoral Registration – Law 03/05*
- Election Observation Law - Law 04/05*
- Electoral Law - Law 06/05*
- Law on the Press - Law 07/05
- Code of Electoral Conduct (2005)
* Have specific Regulations
International and Regional Standards
Concerning international commitments by the Republic of Angola, Angola is a member of the United Nations, the African Union and SADC. In addition, several international Covenants have been signed by Angola such as:
- International Covenant on Civil and Political Rights (ICCPR)
- Covenant on the Elimination of all forms of Discrimination against Women ( CEDAW)
- Convention on the Political Rights of Women ( CPRW)
At regional level, Angola ratified the 1981 African Charter on Human and Peoples’ Rights (ACHPR) and signed, but still not ratified, the 2003 Protocol of the same Charter on the Rights of Women (ACHPR-PW).
At sub-regional level, Angola signed the 2004 SADC Principles and Guidelines Governing Democratic Elections (PEMMO).
Web pages with legislation and information related to the Angolan legal framework:
www.cne.ao
www.angola.gov.ao
www.tribunalconstitucional.ao
www.parlamento.ao
www.oaang.org
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