Fundamental Rights and Duties

Part II Fundamental Rights and Duties

Article 18
1. All citizens shall be equal under the law and shall enjoy the same rights and be Subject to the same duties, without distinction as to color, race, ethnic group, sex, place of birth, religion, ideology, level of education or economic or social status.

2. All acts aimed at jeopardizing social harmony or creating discrimination or privileges based on those factors shall be severely punishable by law.

Article 19
1. Angolan nationality may be by origin or acquired.

2. The requirements for the attribution, acquisition, loss or re-acquisition of Angolan nationality shall be determined by law.

Article 20
The State shall respect and protect the human person and human dignity. Every citizen shall be entitled to the free development of his or her personality, with due respect for the rights of other citizens and the highest interests of the Angolan nation. The life, freedom, personal integrity, good name and reputation of every citizen shall be protected by law.

Article 21
1. The fundamental rights provided for in the present Law shall not exclude others stemming from the laws and applicable rules of international law.

2. Constitutional and legal norms related to fundamental rights shall be interpreted and incorporated in keeping with The Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and other international instruments to which Angola has adhered.

3. In the assessment of disputes by Angolan courts, those international instruments shall apply even where not invoked by the parties.

Article 22
1. The State shall respect and protect the life of the human person.

2. The death penalty shall be prohibited.

Article 23
No citizen may be subjected to torture or any other cruel, inhuman or degrading treatment or punishment.

Article 24
1. All citizens shall have the right to live in a healthy and unpolluted environment.

2. The State shall take the requisite measures to protect the environment and national species of flora and fauna throughout the national territory and maintain ecological balance.

3. Acts that damage or directly or indirectly jeopardize conservation of the environment shall be punishable by law.

Article 25
1. Any citizen may move freely and reside in any part of the national territory, and shall not be impeded from so doing for political or any other reasons, except in cases provided for under Article 50 of the present Law, and where for the protection of the economic interests of the nation the law determines restrictions on citizens having Access to or residing in reserve or mining areas.

2. All citizens shall be free to leave and enter the national territory, without prejudice to limitations stemming from the fulfillment of legal duties

Article 26
Any foreign or expatriate citizen shall be guaranteed the right to ask for asylum in the event of persecution for political reasons, in accordance with the laws in force and international instruments.

Article 27
1. The extradition or expulsion of Angolan citizens from the nations territory shall not be permitted.

2. The extradition of foreign citizens for political motives or for charges punishable by the death penalty under the laws of the applicant county shall not be permitted.

3. In accordance with the law, Angolan courts shall know the charges made against citizens whose extradition is not permitted under the foregoing paragraphs of the present Article.

Article 28
1. It shall be the right and duty of all citizens aged over 18, other than those legally deprived of political and civil rights, to take an active part in public life, to vote and stand for election to any State body, and to fulfill their offices with full dedication to the cause of the Angolan nation.

2. No citizen shall suffer discrimination in respect of employment, education, placement, professional career or social benefits to which he or she is entitled owing to political posts held or to the exercise of political rights.

3. The law shall establish limitations in respect of the non-party affiliations of soldiers on active service, judges and the police forces, as well as the electoral incapacity of soldiers on active service and police forces.

Article 29
1. The family, the basic nucleus of social organization, shall be protected by the State, Whether based on marriage or de facto union.

2. Men and women shall be equal within the family, enjoying the same rights and having the same duties.

3. The family, with special collaboration by the State, shall promote and ensure the all-round education of children and young people.

Article 30
1. Children shall be given absolute priority and shall therefore enjoy special protection from the family, the State and society with a view to their all-round development.

2. The State shall promote the harmonious development of the personality of children and young people and create conditions for their integration and active participation in the life of society.

Article 31
The State, with the collaboration of the family and society, shall promote the harmonious development of the personality of young people and create conditions for fulfillment of the economic, social and cultural rights of the youth, particularly in respect of education, vocational training, culture, access to a first job, labor, social security, physical education, sport and use of leisure time.

Article 32
1. Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed.

2. The exercise of the rights set out in the foregoing paragraph shall be regulated by law.

3. Groupings whose aims or activities are contrary to the fundamental principles set out in Article 158 of the Constitutional Law and penal laws, and those that, even indirectly, pursue political objectives through organizations of a military, paramilitary or militarized character, secret organizations and those with racist, fascist or tribalist ideologies shall be prohibited.

Article 33
1. The right to professional and trade union organization shall be free, and the forms in which it is exercised shall be guaranteed by law.

2. All citizens shall have the right to organize and take part in trade union activity, which shall include the right to constitute and freely join trade unions.

 3. Adequate protection for the elected representatives of workers against any form of Restriction, constraint or limitation on the performance of their duties shall be established by law.

Article 34
1. Workers shall have the right to strike.

2. A specific law shall regulate the exercise of the right to strike and limitations thereto in essential services and activities, in the pressing public interest.

3. Lockouts shall be prohibited.

Article 35
Freedom of the press shall be guaranteed and may not be subject to any censorship, especially political, ideological or artistic. The manner of the exercise of freedom of the press and adequate provisions to prevent and punish any abuse thereof shall be regulated by law.

Article 36
1. No citizen may be arrested or put on trial except in accordance with the law, and all accused shall be guaranteed the right to defense and the right to legal aid and counsel.

2. The State shall make provision to ensure that justice shall not be denied owing to insufficient economic means.

3. No one shall be sentenced for an act not considered a crime at the time when it was committed.

4. The penal law shall apply retroactively only when beneficial to the accused.

5. The accused shall be presumed to be innocent until a judicial decision is taken by the court.

Article 37
Preventive detention shall be permitted only in cases provided for by the law, which shall establish the limits and periods thereof.

Article 38
Any citizen subject to preventive detention shall be taken before a competent judge to legalize the detention and be tried within the period provided for by law or released.

Article 39
No citizen shall be arrested without being informed of the charge at the time of arrest.

Article 40
Any arrested citizen shall have the right to receive visits from family members and friends, and to correspond therewith, without prejudice to the conditions and restrictions provided for by law.

Article 41
Any citizen sentenced shall have the right to appeal to the competent court or to the Supreme Court against the judicial decision taken in accordance with the law.

Article 42
1. To prevent any abuse of power through imprisonment or illegal detention, a writ of habeas corpus may be presented to the competent legal court by the person concerned or any other citizen.
2. The right to habeas corpus shall be regulated by law.

Article 43
Citizens shall have the right to contest and take legal action against any acts that violate their rights as set out in the present Constitutional Law and other legislation.

Article 44
The State shall guarantee the inviolability of the home and the secrecy of correspondence, with limitations especially provided for by law.

Article 45
Freedom of conscience and belief shall be inviolable. The Angolan State shall recognize freedom of worship and guarantee its exercise, provided it does not conflict with public order and the national interest.

Article 46
1. Work shall be the right and duty of all citizens.
2. Every worker shall have the right to fair pay, rest, holidays, protection, health and security at work, in accordance with the law.
3. Citizens shall have the right freely to choose and exercise an occupation, apart from requirements established by law.

Article 47
1. The State shall promote the measures needed to ensure the right of citizens to Medical and health care, as well as child, maternity, disability and old-age care, and care in any situation causing incapacity to work.

2. Private and cooperative enterprise in health, social welfare and social security shall be exercised in accordance with the law.

Article 48
Disabled combatants of the national liberation struggle, the minor children of citizens who died in the war and those physically or mentally handicapped as a result of war shall have special protection, to be established by law.

Article 49
1. The State shall promote access to education, culture and sports for all citizens, guaranteeing participation by various private agents in the provision thereof, in accordance with the law.

2. Private and cooperative enterprise in education shall be practiced in accordance with the law.

Article 50
The State shall create the requisite political, economic and cultural conditions to enable citizens effectively to enjoy their rights and fully perform their duties.

Article 51
The State shall protect Angolan citizens abroad or resident abroad, who shall enjoy the rights and be subject to duties that are not incompatible with their absence from the country, without prejudice to the effects of unjustified absence provided for by law.

Article 52
1. The exercise of the rights, freedoms and guarantees of citizens may be restricted or suspended only in accordance with the law if such Constitute a threat to public order, community interests, individual rights, freedoms and guarantees, or in the event of the declaration, a state of siege or emergency, and such restrictions shall always be limited to necessary and adequate measures to maintain public order, in the interest of the community and the restoration of constitutional normality.

2. On no account shall the declaration of a state of siege or state of emergency affect the right to life, personal integrity, personal identity, civil capacity, citizenship, the non-retroactive nature of penal law, the right of the accused to defense or freedom of conscience and religion.

3. A state of siege and state of emergency shall be regulated by a specific law.