Constitution of Angola
Encyclopedia
There have been two Constitutions of Angola. The first came into force in 1975 as an "interim" measure; the second was approved in 1992, and the third one in 2010.
Angola
's first Constitution
dedicates the new republic
to eliminating the vestiges of Portuguese colonialism
. The Constitution provides numerous guarantees of individual freedom and prohibits discrimination
based on color, race, ethnic identity, sex, place of birth, religion, level of education, and economic or social status. The Constitution also promises freedom of expression and assembly
.
Constitutional revisions in 1976 and 1980 more clearly establish the national goal of a revolutionary socialist
, one-party state. As revised, the Constitution vests sovereignty
in the Angolan people, guaranteed through the representation of the party, and promises to implement "people's power." It also emphasizes the preeminence of the party as policy-making body and makes the government subordinate to it. Government officials are responsible for implementing party policy. Economic development
is founded on socialist models of cooperative
ownership.
Other constitutional guarantees include health care
, access to education
, and state assistance in childhood
, motherhood, disability
, and old age
. In return for these sweeping guarantees, each individual is responsible for participating in the nation's defense
, voting
in official elections, serving in public office if appointed or elected, working (which is considered both a right and a duty), and generally aiding in the socialist transformation.
Despite its strong socialist tone, the Constitution guarantees the protection of private property
and private business activity within limits set by the state. National economic goals are to develop agriculture
and industry
, establish just social relations in all sectors of production, foster the growth of the public sector
and cooperative
s, and implement a system of graduated direct taxation. Social goals include combating illiteracy, promoting the development of education
and a national culture
, and enforcing strict separation of church and state
, with official respect for all religion
s.
The Constitution also outlines Angola's defense policy. It explicitly prohibits foreign military base
s on Angolan soil or affiliation with any foreign military organization. It institutionalizes the People's Armed Forces for the Liberation of Angola (Forças Armadas Populares de Libertação de Angola – FAPLA) as the nation's army
and assigns it responsibility for defense and national reconstruction. Military conscription
applies to both men and women over the age of eighteen.
approved a new constitution to replace the interim constitution in effect since independence in 1975. The constitution was passed, in its entirety, by 186 votes in favour and none against, with two assembly members abstaining. The constitution has been drafted by a committee of 60 parliamentarians, advised by 19 experts and a public consultation, and contains 244 articles. The vote was boycotted by the opposition UNITA
party which claimed that the process was flawed and undermined democracy. The ruling party, MPLA, had a 81% majority on the constitution committee, equal to their parliamentary majority. The constitution will need to be approved by President José Eduardo dos Santos
and the Constitutional Court but both steps are seen as formalities.
The new constitution establishes a government similar to those currently operative in South Africa
and Botswana
. It officially names the President of Angola as Head of State, Head of the Executive and Commander-in-Chief
of the Angolan Armed Forces
. The new constitution abolishes direct election of the president, with the majority party in the assembly gaining the right to name a president, who will then choose his or her own vice-president. The president is limited to two five-year terms by the constitution but would not count the 30-year term already served by dos Santos and would start from the next parliamentary elections in 2012, allowing him to remain president until 2022. The post of Prime Minister will be abolished, with the role assumed by the vice-president. The Assembly retains the right to remove the president from office but this decision must be approved by the Supreme Court. The constitution clarifies the ambiguous land rights that existed in Angola, stating that all land is owned by the state, which can decide who is entitled to use it. The state will only provide land rights to Angolan nationals or companies registered in Angola.
The constitution will give the president the power to appoint judges to the Constitutional and Supreme courts and also appoint the head of the Court of Audits, which is responsible for reviewing public expenditure. The document also maintains the present status of Cabinda
, an exclave of Angola which is claimed by FLEC separatists, as a part of Angola. The current national flag
(which is similar to the flag used by the MPLA during the Angolan Civil War
) is retained, freedom of religion and the press is guaranteed and the death penalty remains banned.
The new constitution was hailed as "a day of victory and happiness for the people of Angola" by Fernando da Piedade Dias dos Santos
, president of the National Assembly, and Bornito de Sousa, who chaired the constitutional commission, said that the charter was "a reflection of equality, of good sense, and true representation of the electorate". However, UNITA member Raul Danda stated that the constitution was "a complete fraud" and that his party was wearing black "because it's like going to the graveyard to bury democracy". UNITA's parliamentary leader Alda Juliana Paulo Sachiambo also spoke out against the new constitution saying that it gave "excessive executive power" to dos Santos. Head of Katiava Bwila University, political scientist Paulo de Carvalho, has spoken against the UNITA claims and said that the party-list system is used in democracies in Europe, Asia and South Africa and that the new document contains many clauses that were in the old constitution.
The original vote of the constitution had been expected in March but was moved to January. There has been speculation that this was to avoid public debate on the matter by holding the vote at the same time that Angola hosts the 2010 African Cup of Nations
. Dos Santos had said that as soon as the constitution is passed he will reduce the size of the government and reduce the opportunities for officials to engage in corrupt activities. Angola currently ranks in the top 18 most corrupt countries, according to Transparency International
.
1975 Constitution
IndependentIndependence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
's first Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
dedicates the new republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
to eliminating the vestiges of Portuguese colonialism
Portuguese Empire
The Portuguese Empire , also known as the Portuguese Overseas Empire or the Portuguese Colonial Empire , was the first global empire in history...
. The Constitution provides numerous guarantees of individual freedom and prohibits discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on color, race, ethnic identity, sex, place of birth, religion, level of education, and economic or social status. The Constitution also promises freedom of expression and assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
.
Constitutional revisions in 1976 and 1980 more clearly establish the national goal of a revolutionary socialist
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
, one-party state. As revised, the Constitution vests sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
in the Angolan people, guaranteed through the representation of the party, and promises to implement "people's power." It also emphasizes the preeminence of the party as policy-making body and makes the government subordinate to it. Government officials are responsible for implementing party policy. Economic development
Economic development
Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...
is founded on socialist models of cooperative
Cooperative
A cooperative is a business organization owned and operated by a group of individuals for their mutual benefit...
ownership.
Other constitutional guarantees include health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
, access to education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, and state assistance in childhood
Childhood
Childhood is the age span ranging from birth to adolescence. In developmental psychology, childhood is divided up into the developmental stages of toddlerhood , early childhood , middle childhood , and adolescence .- Age ranges of childhood :The term childhood is non-specific and can imply a...
, motherhood, disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, and old age
Old age
Old age consists of ages nearing or surpassing the average life span of human beings, and thus the end of the human life cycle...
. In return for these sweeping guarantees, each individual is responsible for participating in the nation's defense
Defense (military)
Defense has several uses in the sphere of military application.Personal defense implies measures taken by individual soldiers in protecting themselves whether by use of protective materials such as armor, or field construction of trenches or a bunker, or by using weapons that prevent the enemy...
, voting
Voting
Voting is a method for a group such as a meeting or an electorate to make a decision or express an opinion—often following discussions, debates, or election campaigns. It is often found in democracies and republics.- Reasons for voting :...
in official elections, serving in public office if appointed or elected, working (which is considered both a right and a duty), and generally aiding in the socialist transformation.
Despite its strong socialist tone, the Constitution guarantees the protection of private property
Private property
Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...
and private business activity within limits set by the state. National economic goals are to develop agriculture
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
and industry
Industry
Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...
, establish just social relations in all sectors of production, foster the growth of the public sector
Public sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
and cooperative
Cooperative
A cooperative is a business organization owned and operated by a group of individuals for their mutual benefit...
s, and implement a system of graduated direct taxation. Social goals include combating illiteracy, promoting the development of education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
and a national culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
, and enforcing strict separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
, with official respect for all religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
s.
The Constitution also outlines Angola's defense policy. It explicitly prohibits foreign military base
Military base
A military base is a facility directly owned and operated by or for the military or one of its branches that shelters military equipment and personnel, and facilitates training and operations. In general, a military base provides accommodations for one or more units, but it may also be used as a...
s on Angolan soil or affiliation with any foreign military organization. It institutionalizes the People's Armed Forces for the Liberation of Angola (Forças Armadas Populares de Libertação de Angola – FAPLA) as the nation's army
Army
An army An army An army (from Latin arma "arms, weapons" via Old French armée, "armed" (feminine), in the broadest sense, is the land-based military of a nation or state. It may also include other branches of the military such as the air force via means of aviation corps...
and assigns it responsibility for defense and national reconstruction. Military conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
applies to both men and women over the age of eighteen.
1992 constitution
The 1975 Constitution was amended in March 6, 1991 and August 26, 1992 to allow for multiparty elections and direct election of the president.2010 constitution
On 21 January 2010 the National Assembly of AngolaNational Assembly of Angola
The National Assembly is the legislative branch of the government of Angola.The National Assembly is a unicameral body, with 220 members: 130 members elected by proportional representation and 90 members elected by provincial districts. Theoretically, the Assembly sits for a four-year term...
approved a new constitution to replace the interim constitution in effect since independence in 1975. The constitution was passed, in its entirety, by 186 votes in favour and none against, with two assembly members abstaining. The constitution has been drafted by a committee of 60 parliamentarians, advised by 19 experts and a public consultation, and contains 244 articles. The vote was boycotted by the opposition UNITA
UNITA
The National Union for the Total Independence of Angola is the second-largest political party in Angola. Founded in 1966, UNITA fought with the Popular Movement for the Liberation of Angola in the Angolan War for Independence and then against the MPLA in the ensuing civil war .The war was one...
party which claimed that the process was flawed and undermined democracy. The ruling party, MPLA, had a 81% majority on the constitution committee, equal to their parliamentary majority. The constitution will need to be approved by President José Eduardo dos Santos
José Eduardo dos Santos
José Eduardo dos Santos is an Angolan politician who has been the second and current President of Angola since 1979. As President, José Eduardo dos Santos is also the commander in chief of the Angolan Armed Forces and president of the MPLA , the party that has been ruling Angola since...
and the Constitutional Court but both steps are seen as formalities.
The new constitution establishes a government similar to those currently operative in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and Botswana
Botswana
Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
. It officially names the President of Angola as Head of State, Head of the Executive and Commander-in-Chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the Angolan Armed Forces
Angolan Armed Forces
The Angolan Armed Forces are the military in Angola that succeeded Forças Armadas de Libertação de Angola following the abortive Bicesse Accord with UNITA in 1991. As part of the peace agreement, troops from both armies were to be demilitarized and then integrated. Integration was never completed...
. The new constitution abolishes direct election of the president, with the majority party in the assembly gaining the right to name a president, who will then choose his or her own vice-president. The president is limited to two five-year terms by the constitution but would not count the 30-year term already served by dos Santos and would start from the next parliamentary elections in 2012, allowing him to remain president until 2022. The post of Prime Minister will be abolished, with the role assumed by the vice-president. The Assembly retains the right to remove the president from office but this decision must be approved by the Supreme Court. The constitution clarifies the ambiguous land rights that existed in Angola, stating that all land is owned by the state, which can decide who is entitled to use it. The state will only provide land rights to Angolan nationals or companies registered in Angola.
The constitution will give the president the power to appoint judges to the Constitutional and Supreme courts and also appoint the head of the Court of Audits, which is responsible for reviewing public expenditure. The document also maintains the present status of Cabinda
Cabinda (province)
Cabinda is an exclave and province of Angola, a status that has been disputed by many political organizations in the territory. The capital city is also called Cabinda. The province is divided into four municipalities - Belize, Buco Zau, Cabinda and Cacongo.Modern Cabinda is the result of a fusion...
, an exclave of Angola which is claimed by FLEC separatists, as a part of Angola. The current national flag
Flag of Angola
The national flag of Angola came into use at independence on November 11, 1975. It is split horizontally into an upper red half and a lower black half.As in some other African countries, this flag is a modification of the ruling party's flag...
(which is similar to the flag used by the MPLA during the Angolan Civil War
Angolan Civil War
The Angolan Civil War was a major civil conflict in the Southern African state of Angola, beginning in 1975 and continuing, with some interludes, until 2002. The war began immediately after Angola became independent from Portugal in November 1975. Prior to this, a decolonisation conflict had taken...
) is retained, freedom of religion and the press is guaranteed and the death penalty remains banned.
The new constitution was hailed as "a day of victory and happiness for the people of Angola" by Fernando da Piedade Dias dos Santos
Fernando da Piedade Dias dos Santos
Fernando da Piedade Dias dos Santos , known as Nandó, is an Angolan politician. He was the Prime Minister of Angola from 2002 to 2008 and President of the National Assembly of Angola from 2008 to 2010...
, president of the National Assembly, and Bornito de Sousa, who chaired the constitutional commission, said that the charter was "a reflection of equality, of good sense, and true representation of the electorate". However, UNITA member Raul Danda stated that the constitution was "a complete fraud" and that his party was wearing black "because it's like going to the graveyard to bury democracy". UNITA's parliamentary leader Alda Juliana Paulo Sachiambo also spoke out against the new constitution saying that it gave "excessive executive power" to dos Santos. Head of Katiava Bwila University, political scientist Paulo de Carvalho, has spoken against the UNITA claims and said that the party-list system is used in democracies in Europe, Asia and South Africa and that the new document contains many clauses that were in the old constitution.
The original vote of the constitution had been expected in March but was moved to January. There has been speculation that this was to avoid public debate on the matter by holding the vote at the same time that Angola hosts the 2010 African Cup of Nations
2010 African Cup of Nations
The 2010 Africa Cup of Nations, also known as the Orange Africa Cup of Nations for sponsorship reasons, was the 27th Africa Cup of Nations, the biennial football championship of Africa...
. Dos Santos had said that as soon as the constitution is passed he will reduce the size of the government and reduce the opportunities for officials to engage in corrupt activities. Angola currently ranks in the top 18 most corrupt countries, according to Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...
.