Republic of Angola
Head of state and government: José Eduardo dos Santos

Freedoms of expression, association and assembly were severely restricted. At least 16 prisoners of conscience were in detention; 15 of them were placed under house arrest on 18 December. The authorities used criminal defamation laws and state security legislation to harass, arbitrarily arrest and detain individuals for peacefully expressing their views, and to restrict press freedom. The government passed a new law restricting the activities of NGOs.

BACKGROUND

The global drop in the price of oil during 2015 negatively affected the economy.

Security forces used excessive force against people who criticized the government, exposed corruption or denounced human rights violations. The space for the exercise of the rights to freedom of expression, peaceful assembly and association shrank as human rights defenders and government critics were arrested and subjected to criminal prosecutions by an increasingly politicized judiciary.

When its human rights record was assessed under the Universal Periodic Review (UPR) in 2014, Angola had accepted 192 of the 226 recommendations made and stated that it would give further consideration to the remaining 34 recommendations, including many related to freedoms of expression, association and peaceful assembly. In March 2015, Angola rejected these recommendations, including recommendations to refrain from using criminal defamation laws to restrict the right to freedom of expression.

PRISONERS OF CONSCIENCE

The authorities continued to imprison government critics, human rights defenders, political activists and journalists. At the end of the year, at least 16 prisoners of conscience were in detention, 15 under house arrest.

On 14 September human rights defender José Marcos Mavungo was sentenced to six years' imprisonment on charges of rebellion, a state security crime. He had been involved in organizing a peaceful demonstration on 14 March, the day he was arrested, and was accused of association with a group of men found with explosives and flyers the day before the demonstration. No evidence of this association or of José Marcos Mavungo's involvement in producing the flyers was presented, nor were the other men brought to trial.

Fifteen male youth activists were arrested and detained by security forces between 20 and 24 June in the capital, Luanda, in connection with a peaceful meeting they attended to discuss politics and governance concerns under the presidency of José Eduardo dos Santos.[1] They were formally charged on 16 September with preparatory acts of rebellion and of plotting against the President. Two women activists were charged with the same crimes, but were not detained. Lawyers for the 15 were only officially informed of the charges on 30 September, beyond the 90 days' pre-trial detention period permitted by law. The charges, which are considered state security crimes, each carry a penalty of up to three years' imprisonment. Three activists faced additional charges: Manuel Nito Alves, for illegal change of name (maximum penalty one month's imprisonment); Luaty Beirão for falsification of documents (maximum penalty eight years' imprisonment); and Osvaldo Caholo for theft of documents (maximum penalty eight years' imprisonment).

Four of the 15 activists went on hunger strike on 20 September for several days to protest against their unlawful detention. On 9 October, Luaty Beirão, who had remained on hunger strike, was transferred to the prison hospital of São Paulo, where he accepted an intravenous saline drip on 11 October but no solid food.[2] On 15 October, he was transferred to a private hospital in Luanda. He ended his hunger strike after 36 days.

The trial of the activists started on 16 November and breached numerous international fair trial standards, including the right to a public hearing and the right to be tried without undue delay.[3] On 18 December, the 15 activists were placed under house arrest. The trial was scheduled to continue on 11 January 2016.

FREEDOM OF ASSEMBLY

Although by law demonstrations do not require authorization, the authorities frequently refused to allow them to take place. When demonstrations did take place, police often arbitrarily arrested and detained peaceful protesters. On a number of occasions police detained and beat protesters before leaving them many kilometres away from where they were seized.

On 29 July, police in Luanda beat and arrested participants at a peaceful protest calling for the release of the 15 youth activists detained in June.

On 8 August, protesters peacefully demanding the release of the 15 youth activists were assaulted by armed police who used batons and dogs against them and beat several of the protesters. Several people were briefly detained before being released without charge. Those protesting included the mothers and wives of some of the detained activists.

On 11 October, supporters of the 15 youth activists held a vigil at Sagrada Família Church in Luanda. According to those who took part, the police arrived at the vigil with guns, water cannons and dogs. To avoid conflict with the police, the participants cut the vigil short. The next day another vigil was held, and several people were briefly detained by the police before being released without charge.

Attorney Arão Bula Tempo, Chair of the Cabinda Bar Association, was detained on 14 March in the province of Cabinda and conditionally released on 13 May. On 22 October he was formally charged with attempting to collaborate with foreigners to constrain the Angolan state (maximum penalty five years' imprisonment) and rebellion (maximum penalty 12 years' imprisonment). Both offences are classified as crimes against the security of the state. The charges were based on an allegation that Arão Bula Tempo had invited journalists from the Republic of Congo to cover a demonstration organized by José Marcos Mavungo (see above). Arão Bula Tempo's health deteriorated towards the end of the year and he wished to seek health care outside Cabinda province. However, he was not allowed to leave Cabinda. These restrictions violated Arão Bula Tempo's right to freedom of movement and his right to the highest attainable standard of health.[4] No date had been set for his trial by the end of the year.

FREEDOM OF EXPRESSION

The authorities continued to use criminal defamation laws and state security laws to suppress peaceful expression of opinions, especially those critical of the government.

Rafael Marques de Morais, an anti-corruption and human rights journalist, was convicted of slanderous denunciation in May. The conviction was based on allegations of criminal conduct he made after the publication of his 2011 book, Blood Diamonds, in which he accused military generals and two mining companies of complicity in human rights abuses committed in the diamond fields of Lundas province. He was sentenced to six months' imprisonment, suspended for two years. His lawyers lodged an appeal before the Supreme Court in June, but it had not been heard by the end of 2015. (The average time for an appeal to be heard is two years.)

FREEDOM OF ASSOCIATION

The government enacted a new law covering the registration of NGOs, Presidential Decree 74/15 of 23 March. The law imposed rigorous restrictions on how organizations must register and report their finances. The new law's provisions could stifle the ability of NGOs and other civil society organizations to organize and operate. Under the new decree, the Public Prosecutor's Office is empowered to suspend the activities of national and international NGOs on suspicion of money laundering, or illegal or harmful acts against Angola's sovereignty and integrity. In addition, Article 15 limits the ability of NGOs to receive and utilize resources and to carry out their activities as they determine best to achieve their objectives. The ability to seek, receive and utilize funding is a critical component of the right to freedom of association.

[1] Angola: Detained activists must be immediately released (News story, 22 June)

[2] Angola: Prisoner of conscience in critical condition must be released immediately (News story, 20 October)

[3] Angola: Kangaroo court undermines judicial independence as trial of activists enters fourth week (News story, 8 December)

[4] Urgent Action, Angola: Further information: Two activists still face 10-15 years in jail (AFR 12/2039/2015)

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