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Title: Angola Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ANGOLA
The Republic of Angola is in transition from a single party state to a
multiparty democracy. The Popular Movement for the Liberation of Angola
(MPLA) has ruled Angola since its independence from Portugal in 1975.
In November 1994, the Government signed the Lusaka Protocol peace accord
with the National Union for the Total Independence of Angola (UNITA),
led by Jonas Savimbi, ending 20 years of civil war. Under the auspices
of the United Nations Angola Verification Mission (UNAVEM) and with the
help of three observer countries, the United States, Portugal, and
Russia, the Government and UNITA continued to implement the Lusaka
Protocol's provisions for a cease-fire, withdrawal of forces in contact,
disarming and quartering of UNITA forces, and the creation of a new
national army made up of elements from both sides.
The Constitution was revised in 1991 to provide for elections and for
guarantees of basic human rights, but the Government does not generally
respect its provisions in practice. In 1992 President Jose Eduardo dos
Santos received a plurality of the votes in Angola's first elections,
which the United Nations' observers declared to be free and fair. The
President and the MPLA, backed by the security services, continue to
dominate the Government and to repress all opposition forces that they
regard as a threat to their power.
The Ministry of the Interior is responsible for internal security. It
exercises this function through the National Police and the paramilitary
Rapid Intervention Police created in 1992 to quell civil unrest. The
armed forces have responsibility for external security but have been
primarily engaged in fighting the civil war against UNITA. While
civilian authorities generally maintain effective control of the
security forces, there are frequent instances in which the security
forces act independently of government authority. Members of the
security forces committed numerous, serious human rights abuses.
Angola is a war-torn, developing country with great economic potential
from extensive petroleum and diamond reserves, rich agricultural land,
and latent hydroelectric resources. Subsistence agriculture, the
traditional livelihood for the majority of Angola's approximately 10
million citizens, continued to be severely constrained by heavily mined
fields and roads. In mid-1995, 1.4 million people relied on emergency
food aid in the world's largest humanitarian relief effort. Areas under
government control suffered from hyperinflation, scarcity of consumer
goods, massive unemployment and underemployment, and continuing
pervasive corruption. UNITA-controlled areas reportedly experienced
similar problems. The principal exports are petroleum and diamonds,
which together with foreign aid are the country's leading sources of
foreign exchange. Annual per capita gross national product is
approximately $620. Most of the country's wealth is concentrated in the
hands of the small MPLA, military, and business elite. The average
monthly salary of wage earners is equivalent to only about $6, which
provides most of the population with a very low standard of living.
As a consequence of the gradual implementation of the Lusaka Protocol,
the massive extrajudicial killing that characterized Angola in 1994 has
largely abated. Although there was some improvement in other areas, the
Government's human rights record continued to be poor, and it continued
to commit numerous, serious abuses. Government leaders cite the 20-year
civil war with UNITA to justify allowing emergency considerations to
override concerns over human rights abuses. Members of the security
forces committed numerous extrajudicial killings, arbitrarily and
secretly arrested and detained individuals, and routinely tortured and
beat detainees. The Government did not take any effective action to
punish abusers. Prison conditions are life threatening.
The Government restricts freedom of expression and freedom of the press
and inhibits the free movement of its citizens both inside and outside
the country. As a result, although Angola is nominally a multiparty
democracy, its citizens have no effective ability to change their
government. Violence against women is widespread. Children and the
disabled continue to suffer as a result of the civil war and poor
economic conditions. The Government continues to dominate the labor
movement, and there was no improvement in the poor worker rights
situation.
Government and UNITA forces are guilty of flagrant violations of
humanitarian law in their prosecution of the civil war. Both inhibited
independent investigations of human rights abuses in territories under
their control.
Within the territory under its control, UNITA's human rights abuses
included disappearances, arbitrary arrests and detentions, denial of
fair public trial, violations of humanitarian law in the civil war
including attacks on civilian populations, forced conscription of young
children, and restrictions on the freedoms of speech, press, assembly,
association, and movement.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Politically and economically motivated violence by state security forces
and common criminal violence are often indistinguishable in Angola. A
large number of violent crimes including robbery, vehicle hijackings,
assault, kidnaping, rape, and murder are committed by members of the
military and police forces both in and out of uniform. Although much of
this criminal activity is committed by poorly paid rogue elements of the
security forces, there are credible reports that some of these attacks
are carried out under orders from the Government. Moreover, the
Government did not take any effective action to punish abusers.
On January 18, independent journalist Ricardo de Mello was murdered in
an apparent political killing. The police had not divulged the results
of their investigation by year's end. The April slaying in Luanda of
United Nations Police Observer Raul Rubin Aguirre and the July 14
assassination of UNITA official and former National Police commandant
Jose Adao da Silva also remained unexplained.
There were credible accounts that the Rapid Intervention Police
summarily executed people caught in the act of committing a crime.
Frequent gun battles between members of the military and police, and
fighting among soldiers, police, and bandits in Luanda's streets,
suburbs, and open air markets resulted in numerous civilian casualties.
The August 1994 murder of a well-known journalist and the July 1994
assassination of the Vice Governor of Malange Province remain unsolved.
The results of the investigation into the November 1993 death of
opposition politician Carlos Simeao were never released. It is widely
believed that they were killed for political reasons.
The Government alleges that in April and May UNITA forces in the
municipality of Dange Kitexe, in Uige Province, killed 27 people, mostly
local MPLA officials and civil servants. The Government also alleges
that UNITA forces massacred 28 civilians at Quibaxe. UNAVEM observers
were unable to conclude investigations into these reports.
b. Disappearance
Reports by the Government and UNITA accusing each other of abductions,
disappearances, and killings of civilians continued. Real abuses are
numerous and serious, but whereas at the beginning of 1994 thousands of
people were dying daily, the current rate of
kidnapings/abductions/disappearances is in the range of dozens per
month. Despite the efforts of the international community, there were
no developments in the case of two persons associated with Africare,
Vincent Douma and Oliveira Lembe, who disappeared in Cuanza Sul
Territory in August 1994.
UNITA arrested two Angolan humanitarian relief workers in Huambo in mid-
1994 for violating "state security." One was held incommunicado; the
other was held without charge but was allowed visitors. When government
forces recaptured Huambo in November, these two detainees had
disappeared. The International Committee of the Red Cross (ICRC) and
U.N. agencies continued searching for them throughout the year.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
There were credible firsthand reports that the police committed torture.
Prison officials employed by the Interior Ministry routinely beat
accused individuals in Comarca de Viana, a prison on the outskirts of
Luanda, to extract information and/or confessions prior to trial. In
many cases, the police routinely beat and then release detainees rather
than make any effort to prepare a formal court case.
Prison conditions are so poor as to constitute a threat to the health
and life of prisoners. The Government and the National Assembly
Committee on Human Rights have acknowledged that conditions are inhuman.
Cells designed for 10 prisoners contain as many as 30 persons and are
divided by open toilets and sewage. Many prisons, lacking financial
support from the Government, are unable to supply prisoners with
adequate food and health care. There are credible reports that many
prisoners die of malnutrition and tuberculosis. Prisoners depend on
families, friends, and international relief organizations for basic
support. The Attorney General reportedly visited prisons throughout
Angola and is attempting to improve sanitary conditions.
d. Arbitrary Arrest, Detention, or Exile
Under the law, a person caught in the act of committing a crime may be
arrested and detained immediately. Otherwise, the law requires that an
arrest warrant be signed by a judge or a provincial attorney general,
followed by a public statement of the grounds for arrest. The
Consitution provides for the right to a prompt judicial determination of
the legality of the detention. Under the law the prosecution and
defense have a maximum of 90 days before trial to prepare a case. The
Consitution also provides prisoners with the right to receive visits by
family members. However, because of a scarcity of resources and the
lack of qualified and motivated personnel in the judicial system, the
accused do not generally enjoy the exercise of these rights.
In 1993 the Council of Ministers decided to transfer control of the
judicial process and prison system from the Interior Ministry to the
Justice Ministry, but the transfer had not been made by year's end.
Interior Ministry personnel continued to systematically, arbitrarily,
and secretly arrest and detain persons for all categories of crime for
indefinite periods of time, often without any apparent intent of
bringing the detainees to trial.
The number of people detained by the Government and UNITA for political
and security reasons is unknown. In May the security police arrested
opposition politician N'zuzi Domingos for allegedly defaming the
character of Vice Minister of the Interior/National Police Commandant
Francisco da Piedade Dias dos Santos, "Nando." Domingos was held
incommunicado for a week and was eventually released in July with no
charges filed against him.
The Lusaka Protocol provides for the release, under ICRC auspices, of
persons detained for war-related reasons. In August in the first group
the Government released 210 prisoners, and UNITA released 20. As of
November, UNITA continued to deny ICRC access to another 20 prisoners
who should have been released with the first group. In November the
ICRC visited 213 persons still being detained by both sides; however, it
only had continuing access to, and sufficient information about, 78 of
that number.
During the exchange process, the Government detained 200 more people in
October, and said it would only release them after UNITA released its
prisoners. Subsequently the Government resumed cooperation with the
ICRC, and the release of the Government held detainees got back on
track. The detainees included 60 civilians who were arrested for
engaging in alleged subversive activities and held in shipping
containers in Uige after traveling to Uige from UNITA controlled
territory. Most of these 60 had been released by year's end.
e. Denial of Fair Public Trial
The Consitution provides for an independent judiciary, but in practice
the court system lacks the means, experience, and training to be truly
independent from the influence of the President and the ruling MPLA.
The court system comprises the Supreme Court at the appellate level and
municipal and provincial courts of original jurisdiction (the latter
under the authority of the Ministry of Justice). The President of the
Republic has strong appointive powers, including appointment of Supreme
Court judges, with no requirement for confirmation by the National
Assembly. As of October, half of the 16 seats on the Supreme Court
remained vacant. The Court serves as an appellate tribunal for
questions of law and fact, but it does not have authority to interpret
the Constitution. The Constitution reserves this role for a
Constitutional Court, a bench that remained empty throughout the year.
Trials for political and security crimes are handled exclusively by the
Supreme Court. There were no known political or security trials.
There are credible reports that the Government holds political
prisoners; however, the number is unknown.
The Constitution provides defendants the presumption of innocence, the
right to a defense and legal assistance, and the right of appeal.
Amendments to the Code for Penal Process in 1991 provided for public
trials, established a system of bail, and recognized the accused's right
to counsel and to testify. However, the Government often does not
respect these rights in practice. Municipal courts normally deal
rapidly with routine civil and misdemeanor cases on a daily basis.
Judges are normally respected laymen, not licensed lawyers. The judge
and two laymen selected by the full court act as jury. Routine cases
are normally dispatched by a court within 3 months. The verdict is
pronounced the day following the conclusion of the trial, in the
presence of the defendant.
UNITA has established a military and a civilian court system in
territory under its control, but the Civil Code remains secret, and
trials are never public. UNITA President Jonas Savimbi appoints the
judges. The juries consist of male elders chosen from the community.
Reportedly the accused has the right to a lawyer. In early October,
UNITA announced its intention to execute 8 former UNITA members who had
been summarily found guilty of murdering 10 people 2 weeks earlier. It
stayed the executions upon intervention from the international
community.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government maintains a sophisticated security apparatus dedicated to
surveillance, monitoring, and wire tapping of certain groups, including
journalists, opposition party leaders, members and suspected
sympathizers of UNITA, National Assembly deputies, and foreign
diplomats. The law requires judicial warrants for searches of private
homes, and that law is generally respected in practice.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts
Consolidation of the Lusaka Protocol peace process resulted in a
substantial decline in the widespread abuses of humanitarian standards
committed by both government and UNITA forces during the previous 20
years. However, government and UNITA forces continued to rob, rape, and
kill civilians. "Bandits" (a term also applied to rogue elements of the
armed forces) were also responsible for many attacks against civilian
populations. Millions of mines planted by Portugal, South Africa, Cuba,
Angolan government and UNITA forces during the 20-year civil war
continued to kill and maim thousands of people. Although both the
Government and UNITA actively committed themselves to support demining
programs, there were isolated instances in which local commanders in
some areas continued to plant mines. Both sides continued to forcibly
conscript children as young as 12 years into service throughout Angola.
Many roads were demined and reopened as a consequence of commitments by
both the Government and UNITA to allow the free circulation of people
and goods throughout Angola. However, in many areas local authorities
and military commanders of both parties continued to restrict free and
safe passage of local populations, humanitarian organizations providing
relief assistance, and United Nations observers. Men in military and
police uniform attacked and stole humanitarian aid from beneficiaries
and, on a few occasions, also attacked and looted warehouses and road
convoys carrying humanitarian relief supplies.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression and of the press,
and specifically provides that the press cannot be subject to political,
ideological, or artistic censorship. However, the Government does not
respect these rights in practice. Citizens, including deputies in the
National Assembly, expect reprisals for public criticism of the
Government or the MPLA, and the Government attempts to impede such
criticism by monitoring political meetings. Journalists are intimidated
into practicing self-censorship. The Government runs and tightly
controls the only daily newspaper, the only television station, and the
major radio station and tightly restricts opposition leaders' access to
these media. Two commercial radio stations and three private weekly and
biweekly newspapers all practice self-censorship. The transmissions of
one private radio station were cut several times after it broadcast
remarks mildly critical of the Government.
Media policy and censorship are controlled by a committee composed of
the Minister of Social Communication, the press spokesman for the
Presidency, and the directors of the state-owned radio, television, and
newspaper. Additionally, the Prime Minister has staff members devoted
exclusively to censoring the government-owned and controlled newspaper
Jornal de Angola. The state-controlled national radio headquarters in
Luanda clears all programs broadcast on national radio stations in
provincial capitals.
Government censorship of the press and intimidation of journalists
increased in 1995. Several journalists were beaten, some brutally, in
apparent retaliation for writings critical of government and MPLA
leaders. Journalists admit that they practice self-censorship and that
repeated "errors in judgement" can result in dismissal and death
threats. The January 18 murder of Ricardo de Mello, editor of the
independent newsletter Imparcial Fax was a major blow to the development
of a free press in Angola (see Section 1.a.). Imparcial Fax closed
down, and several of its staff sought safety outside the country when
harassment and death threats against them continued. Another well-known
journalist received death threats after reporting an embezzlement
scandal involving high-level government leaders.
The Government is less restrictive with foreign news agencies such as
the Voice of America (VOA), the British Broadcasting Corporation, and
Cable News Network. However, one journalist was beaten after giving an
interview to VOA. Foreign journalists require authorization from the
Minister of Interior without which they cannot obtain access to
government officials or travel within Angola. Both the Government and
UNITA invited journalists to planned press events and to visit areas
under their control.
UNITA runs a tightly controlled radio station whose broadcasts of often
inflammatory material are heard throughout Angola. UNITA's newspaper,
Terra Angolana, cannot be found in government-controlled areas.
Academic life has been severely circumscribed by the civil war, but
there is academic freedom, and academics do not practice self-
censorship.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the rights of association, assembly, and
protest, but the Government does not respect these rights in practice.
Both assembly and association are strictly controlled by the Government.
Legislation allows the Government to deny required registration to
private associations on security grounds, and the Government uses its
powers arbitrarily to limit organized activities deemed inimical to its
interests. The law also requires a minimum of 3-days' prior notice to
authorities before public or private assemblies and makes participants
liable for "offenses against the honor and consideration due to persons
and to the organs of sovereignty." In January the Government warned
ethnic Bakongos not to commemorate the second anniversary of the January
1993 "bloody Friday" massacre of Bakongos by military, police, and armed
civilians.
UNITA did not allow free assembly and association in areas under its
control.
c. Freedom of Religion
The Constitution provides for freedom of religion, including the
separation of church and state, and the Government respects this right
in practice. However, in October the Government published an order
prohibiting the practice of religious activity outside of expressly
approved locations. The order appeared to be aimed at Protestant
evangelical churches, but it was unclear at year's end how it would be
enforced.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for freedom of movement and residence within
Angola and freedom of exit from and entry into the country, but the
Government does not respect these rights in practice. As part of the
peace process both the Government and UNITA committed themselves to
allow the free circulation of people and goods, but local authorities
and military commanders continued to restrict movement in many areas.
Nevertheless, several major roads were demined and opened to traffic,
and part of Angola's 850,000 internally displaced persons and 300,000
refugees in neighboring countries began to return to their homes. The
Government continued to restrict travel of its citizens abroad, largely
by limiting access to travel documents and exit visas, although the
Government did allow resident senior UNITA leaders to travel abroad.
There are approximately 10,300 Zairian refugees in Angola. Angola is a
signatory to both the United Nation's and Organization of African
Unity's conventions on refugees, and the Government cooperates with the
U.N. High Commissioner for Refugees. An eligibility committee to
evaluate asylum claims was established on paper in 1990, but it was
first staffed in 1995 and has yet to meet. There were no reports of
forced expulsions of persons with valid claims to refugee status,
although some people who were deported in course of the year for
criminal violations claimed to be refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides all adult citizens with the right to vote by
secret ballot in direct, multiparty elections to choose the President of
the Republic and deputies of the National Assembly. The President is
elected by absolute majority. If no candidate obtains a majority of
votes cast there is a runoff between the two candidates with the highest
number of votes. The National Assembly consists of 220 deputies, 130
elected on a national basis and 90 elected to represent the provinces.
Ruling power is concentrated in the President, who appoints a Prime
Minister and other members of the Council of Ministers through which the
President exercises executive power. The
Council can enact decree-laws, decrees, and resolutions, thereby
controllng most functions normally associated with the legislative
branch.
The Angolan people exercised their new constitutional right to elect
their government in September 1992 presidential and legislative
elections. President dos Santos won 49.5 percent of the votes and
should have faced UNITA leader Savimbi in a run-off election. UNITA and
other parties accused the Government of massive electoral fraud, but
United Nations' observers declared that the elections were generally
free and fair and called on UNITA to accept the results. The civil war
resumed after UNITA rejected the election results, and the runoff in the
presidential elections was postponed indefinitely. Consequently, a
small group within the MPLA has succeeded in maintaining a monopoly on
government power. As part of the peace process both parties agreed in
1995 to amend the Constitution to provide for two vice-presidents; one
of the two was offered to UNITA.
The National Assembly exercises no meaningful power independent of the
ruling executive structure. Five of the 70 UNITA deputies elected to
the National Assembly in the 1992 election took their seats in 1995.
Several small parties are also represented in the National Assembly;
however, few opposition deputies participated in National Assembly
debate. Some MPLA deputies admitted that National Assembly debate was
frequently superfluous, and the Assembly simply rubber-stamped the
Presidency's initiatives.
In 1993 the Government prepared guidelines for local government
elections, scheduled to take place 2 years after the 1992 presidential
and legislative elections. However the Council of Ministers took no
action to implement these guidelines, effectively shelving local
elections indefinitely.
There are no legal barriers to the participation of women in the
political process. Women occupied 32 of the 220 National Assembly
seats. Five of 68 senior members of the Government are women, and 1 of
the 9 Supreme Court judges is a woman.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Both the Government and UNITA impede independent investigations of human
rights abuses in territory they control. Because of government
suppression, there were no actively functioning Angolan human rights
monitoring groups in 1995. Shortly after the Angolan Human Rights
Association (ADHA) published a report critical of conditions in Angola's
prisons in January 1994, both its President, William Tonet, and its
Secretary General, Lourenco Agostinho, were arrested on spurious
charges. William
Tonet's trial was repeatedly postponed and remained pending at midyear.
Agostinho remained in detention, and,at year's end, the Supreme Court
had not yet responded to his appeal. The Human Rights Committee of the
National Assembly remained moribund.
The UNAVEM Human Rights Unit and UNAVEM's military and civilian police
observers were the only effective human rights monitors, but they did
not make the conclusions of their investigations public. Additionally,
the Government and UNITA frequently interfered in UNAVEM's attempts to
investigate complaints of human rights violations. The Government
granted the ICRC limited access to prisons in 1995. However, both the
Government and UNITA denied the ICRC access to people it believes are
being held as prisoners (see Section 1.d.).
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Under the Constitution all citizens are equal before the law and enjoy
the same rights and responsibilities regardless of color, race,
ethnicity, sex, place of birth, religion, ideology, degree of education,
or economic or social condition. The Government does not have the
ability to effectively enforce these provisions.
Women
Violence against women is widespread and increasing. A study by a
renowned jurist indicated that one-third of all homicides were
perpetrated against women, usually by their spouses. There are credible
reports that women are targets of violent crimes including rape and
robbery in areas captured by government and UNITA soldiers. Due to dire
economic circumstances, increasing numbers of women engage in
prostitution, and the clergy report that marriages are breaking down at
an alarming rate.
Despite Constitutional provisions women suffer from societal
discrimination. Some women hold senior positions in the military
(primarily in the medical field), civil service, and political parties,
but women are mostly relegated to low-level positions in state-run
industries and in the small private sector. The law provides for equal
pay for equal work, but in practice women are not compensated equally.
Adult women may open a bank account, accept employment, and own property
without interference from their spouses. Women also have the right to
inherit property. Upon the death of a male head of household, the widow
automatically is entitled to 50 percent of any estate with the remainder
divided equally among legitimate male and female children.
In many cities women swell the ranks of the disabled because they often
set off land mines while foraging in the fields for food and firewood to
feed their families.
Children
The Government gives only marginal attention to children's rights and
welfare. As noted in Section l.g., both the Government and UNITA
forcibly conscript children as young as 12 into military service. A
great increase in the number of street children in Luanda and other
cities resulted from the continuing breakdown of family structure caused
by the resumption of the civil war in 1992 and the continuing
deterioration of the economy. Young girls often take jobs as domestic
servants in private homes while young boys roam the market places and
streets. Living conditions in government youth hostels are so poor that
the majority of homeless children prefer to sleep on city streets.
The Government-sponsored National Institute for Children--viewed as an
MPLA organ--has not seriously addressed the problems children face and
has been indifferent toward efforts by international nongovernmental
organizations to assist dispossessed youth. There are no active private
children's rights advocacy groups.
Medical authorities say that some female genital mutilation (FGM), which
is widely condemned by international health experts as damaging to both
physical and psychological health, occurs in remote areas of Moxico
Province, bordering Zaire and Zambia. Government health workers
sporadically have campaigned against the practice.
People with Disabilities
The number of physically disabled persons in Angola includes an
estimated 70,000 people who required amputations due to mine explosions.
While there is no institutional discrimination against people with
disabilities, the Government is doing little to improve their physical,
financial, or social distress. There is no legislation mandating
accessibility for the disabled to public or private facilities, and,
given the war-torn nature of the nation's infrastructure, it is
difficult for the disabled to find employment or participate in the
educational system.
National/Racial/Ethnic Minorities
Angola's population includes 1 to 2 percent of Khoisan and other
linguistically distinct hunter, gatherer tribes scattered throughout the
southern provinces of Namibe, Cunene, and Cuando Cubango. There is no
evidence that they suffer from official discrimination or harassment,
but they do not participate actively in the political or economic life
of the country and have a marginal ability to influence government
decisions concerning their interests.
The long civil conflict has deep ethnic and urban versus rural roots.
Many of the small number of white and mixed race Angolans who occupy
technical and governmental positions have strongly backed the MPLA. The
Government accuses UNITA of exacerbating ethnic tensions by dwelling on
the perceived colonial ties of these people.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right to form and join trade unions,
engage in union activity, and strike, but the Government does not
respect these rights in practice. The Government dominates the labor
movement through the National Union of Angolan Workers (UNTA), the labor
organ of the ruling MPLA. The law requires that labor unions be
recognized by the Government. At least three independent labor unions,
which have petitioned for recognition, have never received a response
from the Government. Restrictions on civil liberties effectively
prevent any labor activity not approved by the Government.
The Constitution provides for the right to strike, and legislation
passed in 1991 provides the legal framework for, and strictly regulates
the exercise of, that right. The law prohibits lockouts and worker
occupation of places of employment and provides protection for
nonstriking workers. It prohibits strikes by military and police
personnel, prison workers, and firemen. The law does not effectively
prohibit employer retribution against strikers.
There were wildcat strikes against the Government by teachers, doctors,
nurses, airline personnel, and Justice Ministry civil servants, among
others. The Health and Education Ministries negotiated settlements but
repeatedly failed to honor them because of lack of resources. The
Justice Ministry declared the strike by its civil servants illegal. In
September UNTA announced a planned 1-day general strike that was to have
been the first labor action in its history. However, the strike was
canceled after the Government announced price controls on essential
commodities and agreed to continue discussions with UNTA on other
issues.
b. The Right to Organize and Bargain Collectively
The Constitution provides for the right to organize and the law provides
for collective bargaining, but the Government does not respect these
rights in practice. The Government dominates the economy through state-
run enterprises and the Ministry of Public Administration, Employment
and Social Security sets wages and benefits on an annual basis. In the
small private sector, wages are based on multiples of the minimum salary
set by the Government. Legislation prohibits discrimination against
union members. Union members' complaints are adjudicated in the regular
civil courts. Employers found guilty of antiunion discrimination are
required to reinstate workers fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Current law authorizing forced labor for breaches of worker discipline
and participation in strikes has been cited by the International Labor
Organization as a violation of its Convention 105.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 14. The Inspector General of
the Ministry of Public Administration, Employment, and Social Security
is responsible for enforcing labor laws. This Ministry maintains
employment centers where prospective employees register, and these
centers screen out applicants under the age of 14. However, many
younger children work on family farms, as domestic servants, and in the
informal economy. The survival of Angola's growing number of street
children underscores the role of child labor in the informal urban
economy.
e. Acceptable Conditions of Work
The minimum wage set by the Ministry of Public Administration, Labor and
Social Security was equivalent to $0.67 (6,336 kwanzas reajustados) per
month in September. However, the Government does not enforce this
standard. Neither the minimum wage nor the average monthly salary
equivalent to $6.14 (53,800 kwanzas reajustados) is sufficient to
provide a decent living for a worker and family. As a result, many
wage-earners depend on the thriving informal sector, subsistence
farming, theft, corruption, or support from relatives abroad in order to
survive.
A 1994 government decree established a 37-hour workweek. However,
inadequate resources prevented the Ministry of Public Administration,
Employment, and Social Security from enforcing this standard or from
enforcing occupational health and safety standards. Workers cannot
remove themselves from dangerous work situations without jeopardy to
continued employment.
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