ACHPR81: Angola must allow civil society to work freely

On Thursday 24 and Friday 25 October 2024, at the 81st ordinary session of the African Commission on Human and Peoples’ Rights, the Republic of Angola underwent its periodic review as a State party to the African Charter on Human and Peoples’ Rights, the Maputo Protocol on women’s rights, and the Kampala Convention on migrants, refugees, and asylum-seekers. 

As part of the review, ISHR submitted a shadow report on the situation of human rights defenders in the country, in partnership with four Angolan human rights NGOs: Kutakesa, Mosaiko, Mwana Pwo and the Sindicato dos Jornalistas Angolanos.

The report shed light on issues of discrimination, right to life, torture, access to justice, freedom of expression, access to information, freedom of association and assembly, and right to participate. It sought to present a more balanced view of the human rights situation in Angola, highlighting elements that the state might omit or incorrectly portray. 

With our Angolan partners, ISHR highlighted the following:

• Restrictions to the freedom of the press, media plurality and independence, and the work of journalists
• The limitation of civic space and government interference with civil society, in particular the draft NGO law of May 2023, currently being debated, which violates freedom of association and assembly for civil society and human rights defenders; the ineffectiveness and politicisation of Angola’s local provincial human rights committees.
• The inaction of the Angolan ombudsperson on human rights violations; procedural hurdles in access to justice; sexual violence.
• State reprisals against human rights defenders, including activist Inocencio Alberto Matos (killed by police) and trade-unionist Eduardo Peres Alberto (intimidated and physical attack against daughter).
• Torture and arbitrary detention, including in relation to the Cafunfo massacre. 

In its report, the Angolan government failed to touch on the numerous restrictions, reprisals, and attacks faced by human rights defenders. In particular, the government did not address political interference in national and provincial human rights protection mechanisms, the inaction of the ombudsperson on human rights violations, nor the situation of human rights defenders in general.

Additionally, it justified interference in the work of civil society organisations on the basis of combating money laundering and terrorism financing, thereby adopting a position that unduly and excessively restricts freedom of association for CSOs. 

Commissioners asked Angola about:

• National mechanisms for reporting on the African Charter and other instruments
• The national action plan on human rights
• A national mechanism for the prevention of torture
• Legislation on enforced disappearances
• Arbitrary detentions
• The efficacy of various mechanisms in ensuring that international human rights obligations are fully and concretely met on the ground.

The Special Rapporteur on Freedom of Expression and Access to Information asked about restrictions to free speech, namely laws prohibiting insults to the President, about the conviction of a journalist for defamation, and about the political control of and interference with the media, among other things.

The Special Rapporteur on Human Rights Defenders asked about the process by which the draft NGO law is being developed, how authorities are working to protect freedom of association and assembly, and about the death of human rights defender Carlos Fernandes.

In its responses, Angola denied the occurrence of any arbitrary, summary, or extrajudicial executions, police brutality, torture, enforced disappearances, and persecution of human rights defenders, despite evidence to the contrary, including in the report developed by ISHR and our partners.