2.1.1 Instruments that the state has currently acceded to/ratified

• The 1951 UN Convention Relating to the Status of Refugees (acceded on the 23^rd of June of 1981)

• The 1967 UN Protocol Relating to the Status of Refugees ( acceded on the 23^rd of June of 1981)

• The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (acceded on the 30^th of April 1981)

2.1.2 Current reservations made:

• The 1951 UN Convention Relating to the Status of Refugees: Angola made declarations regarding articles 7, 8, 9 13, 15, 18 and 24 of the Convention; Angola made reservations regarding Articles 17 (paragraphs 1 and 2) and 26;

• the 1967 UN Protocol Relating to the Status of Refugees - The Government of Angola declares that it does not consider itself bound by article IV of the Protocol.

• the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa - No reservations made in terms of this instrument

2.2.1 List of legislations and regulations related to asylum and refugee protection as well as migration:

1. The Constitution of the Republic of Angola, especially considering but not limited to:

• Art 25º, Estrangeiros e Apátridas (Foreigners and Stateless People);

• Art 70º, Extradição e Expulasão (Extradition and Expulsion), paragraphs 2 to 5;

• Art 71º Direito de Asilo (Right to Asylum).

• Other articles of interest: Art 13º Direito Internacional (International Law); 26º Âmbito dos Direitos Fundamentais (Scope of Fundamental Rights).

2. Law on the Right to Asylum and Statute of the Refugees - Lei nº 10/15 de 17 de Junho, Lei sobre o Direito de Asilo e Estatuto do Refugiado.

3. Regulation on the Reception Centre for Refugees and Asylum Seekers, Presidential Decree 204/18 - Regulamento do Centro de Acolhimento de Refugiados e Requerentes de Asilo, Decreto Presidencial nº 204/18 de 03 de Setembro.

4. Legal Framework for Foreign Citizens in the Republic of Angola, n.º 13/19, 23rd May 2019 - Lei n.º 13/19 de 23 de Maio, Regime Jurídico dos Cidadãos Estrangeiros na República de Angola;

5. Presidential Decree nº163/20 on the Regulation of the Legal Framework for Foreign Citizens in the Republic of Angola, 8th May 2020 - Decreto Presidencial nº163/20 de 8 de Junho de 2020, Regulamento da Lei sobre o Regime Juídico dos Cidadãos Estrangeiros na República de Angola.

6. Law on the Angolan Passport and the Exit and Entry Regime for National Citizens - Lei nº 22/21, Lei do Passaporte Angolano e do Regime de Saída e entrada de Cidadãos Nacionais.

7. Law Decree 15/95 on Judicial Assistence- Decreto-Lei nº15/95, Lei da Assistência Judiciária.

8. Law on the Protection and Integral Development of Children, 22^nd August 2012 – Lei nº 25/12, Lei sobre a Protecção e Desenvolvimento Integral da Criança.

9. Presidential Decree 100/20 on the National Strategy on Human Rights – Decreto Presidencial que aprova a Estratégia Nacional dos Direitos Humanos.

10. Law on the Protection of Victims Witnesses and Collaborating Defendants in Criminal Proceedings, Law nº1/20 – Lei nº1/20, Lei de Protecção das Vítimas, Testemunhas e Arguidos Colaboradores em Processo Penal.

This Law creates a database on human trafficking and approves the victim’s protection Law.

11. Basic Law regarding the National Health System – Lei nº 21-B/92, Lei de Bases do Sistema Nacional de Saúde.

[Beneficiaries according to art. 24º]: foreign residents, under conditions of reciprocity, and resident stateless people. Thus, the right to health care depends on the migratory statute (foreign resident or stateless person) and on an existing agreement between Angola and the migrant’s country of origin in relation to health-care.

However, under Law 10/15, art. 26º, every asylum seeker and respective family are entitled to medical assistance in the same conditions as national citizens.

Lastly, the Basic Law regarding the National Health System in Angola is currently (year 2024) under consideration to be revised, although it has not yet been approved a new legal framework. A proposal of the new law is available here: https://conselhoconsultivominsa.gov.ao/wp-content/uploads/2024/06/PROPOSTA-DE-LEI-DE-BASES-DO-SISTEMA-NACIONAL-DE-SAUDE_versao-CC-MINSA-10.06.2024.pdf .

12. Basic Law regarding Social Protection – Lei nº7/04 de 15 de Outubro , Lei de Bases da Segurança Social.

13. General Law on Work – Lei nº12/23 de 27 de Dezembro, Lei Geral do Trabalho.

This law is generally applicable to foreigners or stateless people residing – either temporarily or permanently - in Angola.

14. Regulations on the Exercise of a Professional Activity by Non-Resident Foreign Workers – Lei nº 43/17 de 6 de março de 2017, Decreto de Lei que regula o Exercício da Atividade Profissional do Trabalhador Estrangeiro não Residente.

Applicable only to migrants that are hired with a contract of technical cooperation and that do not have a temporary or permanent residency permit.

2.2.3 List of strategies and action plans related to asylum, refugee protection, and migration:

Angola is still developing specific strategies and action plans in relation to the supra mentioned areas, some of which have only been declared as an intention by Presidential decree, considering that they have not yet been put into practice or even started to being drawn up.

However, the Republic of Angola is making an effort to protect the targeted population by adhering to International, multilateral and bilateral agreements and /or partnering with Organizations – such as UNHCR or SADC – and effectively complying with the guidelines as well as cooperating; in the same vein, Angola has also been responsive to civil society organizations, such as the Migrant and Refugee Protection Network - Rede de Protecção ao Migrante e ao Refugiado - , a civil Society Organization, created in 2016, driven by the Episcopal Commission for Pastoral Care for Migrants and Itinerant People of Angola and São Tomé.

Currently these are the most relevant strategies and action plans available:

1. Angola 2050 – Long Run Strategic View for Angola.

2. National Development Plan, Sustainable socioeconomic Impact: 2023-2027 (Plano de Desenvolvimento Nacional, Impacto socioeconómico Sustentável, 2023-2027). Especially consider pages 43, 73, 91, 188 to 189 referring to the Program of promotion of Human Rights; Health Policy; Populations and the Promotion of Vulnerable Communities Policy; Improvement Program of Public Security; and Border Management, respectively.

3. Angola Migration Policy –Presidential decree nº 318/18 de 31 de Dezembro.

4. Mid-Term National Strategy for Human Rights (2020-2025) (Presidential Decree 100/20) – Decreto Presidencial nº 100/20 de 14 de Abril.

5. National Action Plan to Combat Trafficking in Human Beings (Presidential Decree 31/20) – Decreto Presidencial nº31/20 de 14 de Fevereiro.

Refugee

A Refugee is a person to whom the statute of refugee has been granted according to Law 10/15 and International Conventions related to the protection of refugees.

According to art.3º, k) of law 10/15, the Refugee Status is largely based on the supra mentioned Law and encompasses rights, duties and proceedings applicable to the foreign citizen or stateless person who was granted asylum.

The Law also takes in consideration large scale-refugees based on art. 32º of the same law:

The Angolan State may grant refugee status to people in groups who leave their country of origin or habitual residence, on a common border with the Republic of Angola, as a result of serious armed conflicts, occupation or foreign domination of their national territory, or natural calamities which give rise to large-scale refugee flows.

Therefore, the national Angolan law goes beyond international treaties and definitions by including natural calamities, human rights’ violations and occupation of territory as grounds to both the right to seek asylum and the refugee statute.

The criteria on which the temporary protection is provided for in the previous paragraph are defined by the Holder of the Executive Power (Titular do Poder Executivo) according to each specific situation.

According to art. 33º:

The grating of refugee status subjects the beneficiary to the provisions of Law n.º10/15, without prejudice to the provisions of the Convention relating to the Status of Refugees of 1951, the Protocol relating to the Status of Refugees of 1967, the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa of 1969, as well as in the treaties, protocols, bilateral or multilateral agreements to which the Republic of Angola is party.

The Constitution of the Republic of Angola, according to art. 71º, guarantees the Right to Asylum to every foreign citizen or stateless person in the event of persecution for political reasons, namely serious threat or persecution as a result of their activity in favour of democracy, national independence, peace between peoples, freedom and human rights, in accordance with current laws and International instruments.

Due to factors resulting from indiscriminate violence in situations of internal or international armed conflict, or widespread and indiscriminate violation of human rights, the Republic of Angola recognizes that the stateless or foreign person may be forced to leave their country of origin, nationality or residence, due to running the risk of suffering serious harm, coming to seek refugee in Angolan territory. In this sense, the Law 10/15 defines the right to asylum (and refugee), without distinction between race, religion, nationality, membership of a certain social group or political opinion.

Asylum definition (according to Law 10/15):

• art. 3º, c: Protection granted to a person by the Angolan State in its territory or in another location that is dependent from some of its organs, against the jurisdiction of the country of origin, under conventions and protocols, based on the principles of “non-refoulement” and that is characterized by the enjoyment of refugees’ rights recognized by international asylum law.

• art. 5º - The right to asylum is conceded to the foreign citizen or stateless person that:

1. Is persecuted or threatened with persecution, as a result of the activity carried out in the State of his nationality or habitual residence in favour of democracy, peace between peoples, freedom and human rights;

2. Due to a person’s well-founded fear of being persecuted for reasons of race, sex, religion, nationality, affiliation to a special social group or political opinion, and is outside the country of his/her nationality and cannot, or due to such fear, is not able to avail her/himself of the protection of that Country; or the person who, not possessing a nationality and being outside her/his habitual country of residence as a result of such events may or, owing to such fear, be unwilling to return thereto;

3. For reasons of aggression, occupation, foreign domination or events that greatly disturb public order in part or in full a person’s country of origin, nationality, or habitual residence, the person is forced to leave it to seek refuge elsewhere outside the country of origin, nationality or habitual residence;

4. Due to an act resulting from indiscriminate violence in situations of international or internal armed conflict or widespread and indiscriminate violation of human rights, a person is forced to leave the country of origin, nationality or residence, as there is the risk of suffering serious offense.

Asylum seeker

An Asylum Seeker is a foreign citizen or stateless person who requests asylum, verbally or in writing, to the Angolan State, and is awaiting a definitive administrative decision.

A request for asylum is a verbal or written act, by which the foreign citizen or stateless person requests the Angolan State, through the migration authority, for protection under the 1951 Geneva Convention relating to the Statues of Refugees, its 1967 Protocol and the 1969 OAU Convention, which regulates specific aspects of refugees problems in Africa.

Child

According to Law 15/10, art. 3º, h): Person under 18 (eighteen) years old.

Unaccompanied and/or separated child

According to Law 15/10, art. 3º, n): foreigner or stateless person under eighteen (18) years of age who arrives in the Republic of Angola, alone or separated from their parents or usual legal tutors/ representatives.

Family

To understand the concept, one must consider both the Constitution of the Republic of Angola and Law 10/15:

According to art. 35º of the Constitution of the Republic of Angola:

1. Family is the fundamental nucleus of the organization of society and is the object of special protection from the State, whether based in marriage or in a de facto union, between man and woman.

2. Everyone has the right to start a family in accordance with the terms of the Constitution and Law.

3. Men and women are equal within the family, society and the State, enjoying the same rights and having the same duties.

4. The Law regulates the requirements and effects of marriage and de facto unions, as well as those of its dissolution.

According to Law 10/15:

• art. 3º, m) – Membros da família (Members of the family):

For the purpose of family reunification, family members are the people in the household, namely the spouse or partner in a de facto union, the parents, minor children and children of full age who depend on the refugee by reason of disability.

• Art. 25º :

The Asylum seeker has the right to preserve one’s familiar unity with the people in the household, namely the spouse or partner in a de facto union, the parents, minor children and children of full age who depend on the refugee by reason of being unable or disabled that are under the asylum seeker’s dependence, inside or outside of the Reception Centre for Refugees and Asylum Seekers (Centro de Acolhimento para Refugiados e Requerentes de Asilo- CARRA).

Pursuant to art. 43º, the refugee’s status and inherent rights are only allowed to be extended to the spouse or partner in a de facto union, the parents, minor children and children of full age who depend on the refugee by reason of being unable or disabled.

In this sense, there seems to be a concept of family, for the purpose of this Law Reader, that varies depending on the situation. In some cases, family can be interpreted in a broader way, as being part of the household seems to be the key to understand the concept (the word “namely” suggests that the list mentioned in law is not exhaustive); in others, namely in the extension of rights of a refugee, family is only reserved for direct ascendents and descendents.

Victim of trafficking

The Republic of Angola is a signatory of the 2020 Protocol to Prevent, Suppress and Punishing Trafficking in Persons Especially Women and Children, that supplements United Nation Convention Against Organized Crime and it is in this sense that Angola defines “Victim of trafficking”, i.e., according to art. 3º of the so called Palermo Protocol:

(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article;"

Stateless person

Pursuant to art. 3º, b) of Law 10/15:

a Stateless person is a person who is not considered a national by any State under its law.

Since 2019 that Angola is a signatory to the Convention Relating to the Satute of the Stateless Persons, which became nationally biding through the Resolution nº39/19 of 16^th of July.

Returnee

The word “returnee” can be translated into two different Portuguese words, which have different meanings:

1. when translated to “retornados” – the most direct translation from English – it usually applies to the Portuguese people who left the Portuguese Colonies in Africa after the end of the colonial war and these colonies’ independence, thus the word has, in this sense, an attribute of a very specific concept with historical meaning.

2. when translated into “repatriados”, it has the general meaning applicable in English.

In other words, and also in accordance with the UN, “returnee” refers to a refugee or internally displaced person who has returned to their country or area of origin to remain there permanently. However, they are not yet fully reintegrated into their community. A returnee loses their refugee status once they return.

It is important to underline that Angola was the first country in the world to incorporate the United Nations Guiding Principles on Internal Displacement into domestic law (Decree nº1/01 – Norms for the Resettlement of Internally Displaced Populations).

Even though “returnee” has two different meanings and words in Portuguese, it is possible to see the term being used interchangeably, although, to the best knowledge of the author of this Law Reader, never in official documents, such as legislation and/or reports.

3.1.1 The principle of non-refoulment in the national context

Law 10/15 protects asylum seekers and refugees by incorporating the non-refoulement principle, namely in art. 3º, c) and art. 54º. In addition, and pursuant to art. 3º, of the same law, the non-refoulement principle is defined:

“Principle according to which no person will be subjected to measures such as exclusion at the border, return or expulsion that force them to return or remain in a territory where their life, physical integrity or freedom are threatened”.

Under art. 70º, 2, of the Constitution of the Republic of Angola, the principle is also mentioned, although it not written ipsis verbis,:

" it is also forbidden to expel a foreign citizen whenever it is admissible, provided that it is justified, that the extradited person may subjected to torture, inhumane, cruel treatment or treatment that results in irreversible damage to the physical integrity, in accordance with the law of the requesting State".

Under Law 10/15 it becomes very clear that the Republic of Angola will abide by the principle of non-refoulement at all times:

Pursuant to art.54º, 1, a refugee will be expelled from Angolan territory for national security or public order reasons or for reasons contained in art. 48º (Loss of Refugee Status) of the same law. However any such decision must take into consideration nº’s 2 and 3 of art 54º, which lay down the limits that restrict the actions of Angola in expulsion or repelling, namely the respect for the non-refoulment principle.

Law 13/19, concerning the Juridical Regime of Foreign Citizens in the Republic of Angola also guarantees, under art. 12º, d) the right of a foreign citizen not to be extradited, except in the cases and in the ways provided for in the law; this right is reinforced under art. 32º, 4, where it is declared that a refugee cannot be expelled to a country where the person may be persecuted for political, racial and religious reasons or where that person’s life can be in danger. One can then infer that this article is also accordance with the non-refoulement principle.

3.2.1 National Laws and regulations regarding entry of asylum seekers

Law 13/19 regulates the entry, stay, permanence and residency of foreigner citizens in national territory. Art. 3º provides for a series of legal definitions, such as stateless person, clandestine, foreigner, foreigner resident, excursionist, illegal immigrant, foreigner investor, undocumented passenger, refugee, border resident, asylum seeker, foreign non worker resident, tourist and visitor in lines b), f), h), i), j), m), q) v), z), bb) and cc) respectively.

In relation to asylum seekers:

Under art, 14º, 3, e), it is specifically stated that the asylum seeker is exempted to presenting a passport or a visa to enter Angolan territory; art. 97º specifically considers the matter of a travel title for refugees, thus allowing them to travel abroad.

Law 22/21 that regulates the Angolan passport and the entry and exiting regime of national citizens dedicates its chapter IV to the traveling title for refugees.

As such, the national laws concerning border control and foreigners’ entry do reflect the difference between the distinct multiple migrant statutes, as exemplified above, by quotation of specific articles in relation to the right to asylum.

Lastly, the Republic of Angola does not apparently have specific laws for subsidiary protection and, as such, does not seem to recognise this kind of humanitarian protection. However, law 13/19, on the Legal Regime of Foreign Citizens in the Republic of Angola, does mention this possibility as it envisions granting a temporary stay visa (which can only be issued by diplomatic and consulate missions) to be granted as a measure of subsidiary protection for humanitarian reasons, when situations arise in which the provisions set out in the Law regulating the Right to Asylum are not applicable, in accordance with art. 56º, 3.

3.2.2 Limitations on access to asylum during periods of National Emergency

Law 13/19, art. 21º, 4º, refuses entry into national territory based on public health reasons, upon indication of the health authority, which can only be based on diseases defined in the applicable instruments of the World Health Organization or on other contagious infectious or parasitic diseases, subject to protective measures in national territory.

In this sense, once such situation arises and irrespective of the state of emergency being declared by the government, it becomes impossible to enter Angolan territory.

During the COVID-19 pandemic, the State of emergency was declared by the Presidential Decree nº81/20, which was followed by other specific measures that suspended certain rights, namely the right to circulate or migrate within national territory, and closed the borders with several countries.

In such a situation, a person outside the national territory of Angola will not be able to ask for asylum, as it would not be allowed entrance. As for those already inside the national territory, they would stay – no one could leave or enter the Republic of Angola, as international travel was also suspended - and national authorities would deal with the request according to the national law. As stated in the Presidential Decree nº 81/20, any legal vacuum would be clarified by the President of the Republic.

The government of Angola has taken measures to fight the pandemic and has included people beyond its citizens in its policies by, for instance, including asylum seekers and refugees in its national campaign of vaccines against Covid-19, in March 2021.

Despite this, the vulnerability of this focus group may be exponentiated by the pressure of such a situation in all economic and social sectors of society, as it was the case during the COVID-19 pandemic.

4.1.1 Access to reception facilities for asylum seekers

Currently there are reception facilities for asylum seekers and refugees. Although access is not limited, the time of stay varies according to the law and the duration of procedures, as well as other factors such as geographic limitations.

Under Law 10/15, art.3º, f), the Reception Centre for Refugees and Asylum Seekers - Centro de Acolhimento para e Refugiados e Requerentes de Asilo (CARRA) - is defined as an Institute created by the State where asylum seekers are collectively housed from the moment they enter national territory until the final decision on the asylum claim, as well as for the settlement of refugees who do not meet the conditions for free movement within the national territory.

The organizational and functional principles of CARRA are regulated by the Presidential Decree 204/18, The Regulation for the Reception Centre for Refugees and Asylum.

The rights and limits in relation to CARRA and asylum seekers are contained in Law 10/15.

Pursuant to art. 27º, the asylum seeker has the right to be housed in CARRA, but such a right only begins at the moment that the Republic of Angola legally recognises a person as an asylum seeker.

Pursuant to art. 14º, all asylum seekers have the right to go to the CARRA and it is the migration authority that forwards asylum seekers to the nearest CARRA after interviewing the person and issuing the declaration that confirms the asylum request. The asylum seeker is from this point on confined to the Centre and can only leave it with an authorization of the Centre’s Administrator; the law also demands for the asylum seeker to periodically comply with mandatory appointments with the migration authority. Yet, if the asylum seeker has means of subsistence, it may not enter CARRA upon prior authorization of the ministerial department responsible for implementing the migration policy and, subsequently, has freedom of choice on where to live.

After complying with all legal procedures for the asylum request, the asylum seeker, already in CARRA, awaits for the instruction of the process and all the administrative proceedings leading to the final decision.

All in all, during the whole process, i.e., from the interview stage to the final decision, the asylum seeker can expect to be in CARRA for a minimum of 60 days, i.e., roughly two to three months, provided that the deadlines are met) and the report, as mentioned in art. 17º, is swiftly elaborated. Nonetheless, if the time frame in art. 15º is extended - in accordance with art. 16º-, an asylum seeker can stay more time in CARRA until a final decision is met.

Notwithstanding the above, the asylum seeker can appeal from a decision denying the request (art. 20º, 1) with suspended effect, thus, the asylum seeker remains in CARRA until the appeal is resolved. Therefore, in case of an appeal, it seems an asylum seeker will be entitled to stay in CARRA for a minimum of 3 months or until the process is concluded.

In terms of geographical limitations, the asylum seeker cannot choose the CARRA centre where to be housed. However, it seems the asylum seeker may be able to request to go to a CARRA centre where part of his/her family are already living, given that art. 25º guarantees the right to the preservation of the family unit (namely spouse or de facto union companion, parents, minor children, incapacitated or disabled adults accompanied by and under the asylum seeker’s dependency inside or outside CARRA).

It does not seem to be a limit to access CARRA, however an asylum seeker’s time in CARRA is shortened to 15 days if the process meets any of the conditions as laid down in art, 16º, as the process will run urgently.

For the sake of clarification, the conditions set in art. 16º are:

Additionally, asylum seekers can be moved to a settlement, as has happened with refugees coming from the DRC, who were given Prima Facie status and housed at the Lovua settlement.

4.1.2 Further accommodations made for reception of particularly vulnerable groups among asylum seekers

According to Law 10/15, under art. 28º, it is given adequate care for vulnerable people.

The particularly vulnerable people include children, the elderly, pregnant women, people with disabilities, people suffering from serious psychological problems and survivors of violence and torture, including survivors of sexual and domestic violence. These people benefit from adequate care both outside an inside CARRA and have priority access to basic services such as food, accommodation and health.

Law 25/12, on the Protection and Integral Development of Children (Lei sobre a Protecção e o Desenvolvimento Integral da Criança), under art. 14º, guarantee that the life and health of the child is protected; Art. 16º and following articles grant especial protection to pregnant women. Pursuant to art. 27º, children with special needs have the right to special care, namely in terms of education; art. 33º aims at protecting the child against abduction and abuse.

Nevertheless, whether the national legislation is indeed observed in practice in the reception arrangements, is not clear despite an existing cooperation between members of the Executive Power, UNHCR, IOM and the International Red Cross Committee (IRCC) to monitor and follow-up the cases of asylum seekers and refugees, notably vulnerable people.

According to Integral Human Development, “Identified victims [of human trafficking] are referred to religious or NGO-run shelters for clothing, food, educational, and medical care, because the local institutions provide very limited financial support to some of these shelters”. In this sense, although the rights of asylum seekers are established in national law and some mechanisms have indeed been established, they seem to be insufficient and insufficiently elaborated in some cases, not only in relation to immigrants in general but also in relation to the most vulnerable among them.

4.2.1 Detention of asylum seekers

Pursuant to art. 40º of law 13/19, if an expulsion decision has been made against a foreign citizen, the person is to be detained in the Centre for the Detention of Illegal Aliens or similar place until the execution of the expulsion decision in accordance with the applicable law.

The 2019 Report of the Intersectional Committee for the Elaboration of National Reports on Human Rights, despite recognising that indeed there is no specific written word regarding the detention of asylum seekers in the law, assumes such a practice as common and admissible if dealing with an irregular migrant in national territory.

Other sources guarantee that the main reasons for administrative immigration-related to detention are: detention for unauthorised entry or stay; detention to effect removal; detention for failing to respect a voluntary removal order.

Even though the UN’s Human Rights Committee considered, in 2019, after delving in the Report on Angola that “No refugees and asylum seekers had been detained due to the lack of status”, the previously mentioned Intersectional Commission recognizes reports of continuous torture, ill-treatment, detentions, harassment and human rights violations carried out by security forces against refugees either legally registered or not, particularly those from Congo.

In addition, “(…) many refugees and asylum seekers do not have identification documents [due to the time it takes the government to process the claims and issuing documents] (…) and therefore some are often arrested during police raids and taken to the Centre for the Detention of Illegal Aliens (CDEI)”.

In this sense, there seems to be contradictory information, that indicate that in practice asylum seekers are indeed detained.

4.2.2 Detention of Children

National laws and regulations have no specific provisions regarding this matter, but the detention of children seems to occur.

Despite the Angolan law on the Protection and Integral Development of the Child aiming at protecting every children, Angola “(…) carries out immigration detention as a measure for combating irregular migration, for both adults and children”, as “(…) irregular or undocumented migrants are detained prior to deportation leading to the detention of undocumented children. In addition, one must note”(…) section 80(3) of the Constitution of Angola which refers to the principle of ‘children deserving of attention’ and ‘special protection’ of children who are deprived of a family environment. However, it falls short to provide for the detention of children as a measure of last resort and for the shortest period and or integrating the principle of the best interests of the child".

4.2.3 Detention conditions set out in the laws and regulations

The detention conditions are not set out in the laws and regulations, only the grounds for acting in such a way.

Pursuant to art.40º of law 13/19, if an expulsion decision has been made against the foreign citizen, the person is to be detained in the Centre for the Detention of Illegal Aliens or a similar place until the execution of the expulsion decision in accordance with the applicable law. In this sense, the wording of the law does give space to interpretation regarding where people can be detained if, by some reason, a Centre for the Detention of Illegal Aliens is unavailable (for example, a prison).

Even though the UN’s Human Rights Committee considered, in 2019, after delving into the Report on Angola that “No refugees and asylum seekers had been detained due to the lack of status”, the 2019 Report of the Intersectional Committee for the Elaboration of National Reports on Human Rights recognizes reports of continuous torture, ill-treatment, detentions, harassment and human rights violations carried out by security forces against refugees either legally registered or not, particularly those from Congo.

In addition, “(…) many refugees and asylum seekers do not have identification documents [due to time it takes the government to process the claims,] (…) and therefore some are often arrested during police raids and taken to the Center for the Detention of Illegal Aliens (CDEI)”.

According to the Government, the allegations that people are held prisoners in penitentiaries in demeaning conditions are not to be validated as the facts were not verified by the government.

4.3.1 Social and legal assistance offered to asylum seekers

Social counselling and legal aid are to be provided by the Angolan State, but law 10/15, pursuant to art. 24º, 3, legally recognizes UNHCR’s capacity in assisting asylum seekers for the purposes of social counselling and judicial assistance. Any assistance provided to refugees and asylum seekers is free of charge.

Every asylum seeker is entitled to medical care - same rights as nationals - (art. 26º), accommodation and food (art. 27º). Clothing is also provided.

Although the rights of asylum seekers are established in national law and some mechanisms have indeed been enacted, like housing in CARRA, they seem to be insufficient not only to immigrants in general but also in relation to the most vulnerable among them, therefore this support is also provided by other civil society actors besides the Angolan Sate, such as UNHCR.

The insufficiency of means echoes in many areas, so much so that the Angolan State has manifested, for instance, in 2019, its concern with the limited access to basic social services for the asylum seekers in shelter centres.

For example, in relation to legal aid, the Constitution of the Republic of Angola guarantees access to justice to all in art. 29º, paragraph 1, irrespective of one’s insufficient economic means.

The Law decree 15/95 demands that the person proofs the lack of subsistence means and, in this regard, arts. 8º and 9º must be taken into account.

Paragraph 1 a),b, c) and e) are especially relevant for asylum seekers as they provide for free legal aid to those who:

1. Are receiving food for economic necessity;

2. Whoever meets the conditions required to grant any subsidies due to their lack of income;

3. Whoever has a monthly income from work equal to or less than three times the national minimum wage;

4. The person is in the food requiring process.

4.4.1 Right to Family Unity

Law 10/15 specifically proclaims the right to family unity under art. 25º.

The Constitution of the Republic of Angola clearly establishes family as the central nucleus of society and reinforces this right in several articles, namely art. 35º (Family, marriage and constitution of family).

4.4.2 Socio-economic rights afforded to asylum seekers: work, education healthcare and freedom of movement

The answer to this question depends on several factors.

As laid out in Law 10/15, asylum seekers have the right to health care (art. 26º).

Even after acquiring the authorization of temporary stay, the asylum seekers who have requested asylum in accordance with art. 7º and following, are not entitled to work or move freely outside of CARRA, pursuant to art. 12º, 2.

Art. 14º, 2 allows the asylum seeker who has means of subsistence to ask to the ministerial department in charge of implementing the migratory policy not to stay housed in CARRA. If this authorization is granted, the asylum seeker must inform the migration authority about the current domicile.

However, art.12º, 3 calls attention to the exception of the asylum seekers who already reside or beneficiate from the authorization of permanent stay in national territory, in accordance with the Law 13/19 on the Juridical Regime of Foreign Citizens in the Republic of Angola: they beneficiate from the same rights, freedoms and guarantees – as well as duties – than Angolan citizens (art.4º). Specifically, these kind of asylum seekers have the right to freedom of movement (art.6º), health care and work (art.4º), and education (art. 8º).

In short, if an asylum seeker is housed in CARRA, has very limited freedom of movement and is, in practice, confined to the Centre; if living outside of CARRA, the asylum seeker is still bound by the rights and obligations inherent to the person’s condition (namely no right to work), and must periodically present him/herself to the immigration authority at a defined time and date, in accordance with requirements of necessity and proportionality.

The asylum seeker as set out in art.12º, 3 – those who already reside or beneficiate from temporary residency in Angolan territory - beneficiate from all rights mentioned in this question.

As for education, Law 25/12, on the Protection and Integral Development of Children (Lei sobre a Protecção e o Desenvolvimento Integral da Criança) ensures education to all children, as it is governed by the principle of universality, regardless of the child’s colour, race, sex, ethnic origin, place of birth, level of education, social position, marital status of the parents, physical and mental condition or any other objective or subjective particularity, relating to the child, their parents or legal representative (art.4º, 1); art.4º, 3 regards children between 0 and 5 as priority; art.4º, 4, draws attention to the principles established in the previous articles reaffirming that they are applicable without restrictions to any child in national territory, especially those who have the refugee status. In this sense, this law also is applicable to a child who is an asylum seeker.

As the majority of asylum seekers do not have means of subsistence nor are already in Angolan territory in accordance with art. 12º, 3, such restrictions, namely freedom of movement and prohibition of exercising a professional activity, on top of the long process to acquire the refugee status, discourage potential refugees from registering as asylum seekers, according to the 2016 UNO Special Report on migrants’ human rights in Angola.

Notwithstanding the above, it seems the government is making an effort to countervail this situation as, in accordance with the 2023 UNO ’s Results Report on Angola, it has included asylum seekers in recent vocational training sessions on agriculture, which included a starters kit to initiate or develop own businesses.

4.4.3 Access to UNHCR facilities for asylum seekers

Apart from several references in numerous official documents /reports to other actors with whom the Angolan Government collaborates, art.24º, 3, from Law 10/15, specifically mentions UNHCR for juridical and/or social assistance to asylum seekers at every stage of the instruction of the process.

In case of the refugees, art. 34º again specifically acknowledges that there are refugees under UNNHCR’S responsibility and foresees that the executive power may ask for UNHCR’s assistance in reinstalling refugees in particular circumstances.

4.5.1 Determination of ‘Child’s Best Interest’ principle among asylum seeker children

Law 25/12, on the Integral Development and Protection of the Child, does envision the superior interest of the child in general, pursuant to art. 6º.

The Government of Angola has, in 2020, created a Standard Operating Procedures (SOP) for child and adolescents (POP – Procedimentos Operacionais Padrão para atendimento a criança e adolescente) to strengthen the education, health, social services, justice, and interior sectors, within the scope of the comprehensive child protection system under Angolan jurisdiction in terms of referral and monitoring of all children who are victims of violence and in vulnerable situations.

All interventions by Angolan employees with children must guarantee respect and

application of, for instance, these two principles: analyse the child's general situation: the prevailing context in which the child is and the short and medium term needs; to ensure the child’s participation: the child must be kept informed about developments of the case and the child’s opinion must be taken into account at each stage of the case (first contact and reception, interview, administrative detention, housing in a center, etc.).

UNHCR, a valuable partner of the Government of Angola in dealing with refugees and asylum seekers has a specific case management framework for asylum seeker and refugee children, known as BIP (Best Interests Procedure).

The BIP’s objectives include providing tools to assess the accessibility and appropriateness of children’s best interests’ procedure for children of concern to UNHCR; among many other examples, BIP displays form samples of registration at birth and interview guidelines for separated minors.

Considering the last mentioned example, the interviewer should aim for direct contact with the child and, through various techniques, demonstrate that he/she is there to help the child, creating a friendly and pleasant atmosphere that generates trust: it is recommended that the interviewer shares something personal, agree on clear rules for the interview, making sure that the child understands what the interviewer is saying. The interviewer should also repeatedly ask the same question from different angles throughout the interview so as to assess the truth as best as possible; the person who is assigned to interview must also be carefully considered in view of the age / gender and other circumstances of the minor.

4.5.2 Current measures to address separated asylum seeker children

Measures related to separated asylum seeker children mainly emanate from the International Red Cross as it is the only humanitarian organization providing RFL (Restoring Family Links) in Angola, in partnership with other actors.

Although there is no specific mention to asylum seekers or refugees, it seems the National Institute for the Child (INAC – Instituto Nacional da Criança) is the national body responsible for the implementation of the procedures and policies in accordance with the question.

INAC is endowed with administrative autonomy, responsible for formulating, defining and guaranteeing the execution of the policies of the Executive in the field of protection and promotion of children's rights, especially those in a situation of risk and social vulnerability. According to the Presidential Decree 38/21, approving the organic statute of INAC, pursuant to art. 5º, k), INAC is to promote actions aimed at family reunification of vulnerable minors, unprotected or in conflict with the law.

As for specific procedures, they are not available.

According to the 2020 Humanitarian Situation Report nº3, UNICEF is providing technical support to INAC for the development of Standard Operating Procedures for Family Tracing and Reunification and Alternative Care/Foster Care, however, it was not possible to verify if that SOP has already been completed.

In partnership with UNHCR, the AAPRA - Association for Assistance and Protection to Refugees in Angola (Associação de Atendimento e Protecção dos Refugiados em Angola) and INAC, the Angolan Red Cross is the only humanitarian organization that provides RFL (Restoring Family Links) services for Migrants and Refugees in Angola.

The International Red Cross has written a guide describing and seeking to “promote across the entire International Red Cross and Red Crescent Movement a common approach to responding effectively to the loss of family contact as a result of conflict, natural disaster or other situations with a humanitarian impact”.

Actions include organizing family correspondence, opening telephone lines, monitoring the content of telephone conversations, publishing information on missing persons, opening tracing requests, establishing priorities within the process, organizing family reunification, among many others.

4.5.3 Registration of births and documentation among asylum seeker children

In theory the registration and documentation of asylum seeker births should occur however it appears this is not occurring in practice for the most part.

Pursuant to art. 21º (Right to family and Name – Direito à Família e ao Nome) of Law 25/12, paragraph 3, the State guarantees the registration of children immediately after birth; law 4/21, Birth Registration Simplification Law (Lei da Simplificação do Registo de Nascimento) proofs the effort of the Republic of Angola in registering every child.

The official authority responsible for birth registration is the National Directorate for Registry and Notary Services, Ministry of Justice.

Although the Government of Angola is making an effort to register its population in general but also those who are under Angola’s jurisdiction, that has proven to be a difficult task with many obstacles.

According to UNHCR’s 2022 “Birth Registration and Statelessness in the Member States of the Southern Africa Development Community” report, Angola has one of the lowest birth registration rates, 14%.

The registration of refugee births is made, in practice, in partnership with other actors, such as UNHCR and UNICEF. All children, either refugees or asylum seekers, who are registered in the UNHCR system have been registered with a birth certificate; information provided by the government is only available upon request.

In order to countervail the difficulties, present in many countries, UNHCR - in partnership with UNICEF - has launched the “Coalition on Every Child's Right to a Nationality”.

In addition, the #IBelong Campaign to End Statelessness by 2024, launched by UNHCR, has helped Angola improve birth registration. Nonetheless, the Government of Angola has “(…) appointed focal persons in government to strengthen country efforts on statelessness. Typically, the Commissioners for Refugees have been appointed as statelessness focal persons, which has proven to have some difficulties in terms of birth registration efforts since birth registration and citizenship do not fall under their mandates.”.

In short, yes, the Angolan Law does require that all births are registered; that a birth certification is to be issued free of charge between ages 0 and 5; and is making a real effort to countervail the deficient numbers. However, in practice, the law still has a long road ahead to match reality and fulfil its goals.

5.1.1 Reception official at first instance

The authority responsible for the final decision of the asylum request in the first instance is the ministerial department responsible for the implementation of the migration policy for decision through delegation of powers from the Executive Power, under SME.

The administrative status is administrative.

The refugee status application, however, is examined by different authorities until a final decision is made.

In this sense:

After complying with all legal procedures for the asylum request, the asylum seeker awaits deference of the request which, according to law 10/15, art. 20º, 1, signifies the acquisition of the refugee status.

Once an interview with the asylum seeker is conducted (art. 10º), the process continues with an evaluation of the request under the responsibility of the migration authority that must be resolved in thirty (30) days, a time frame that can be extended with duly justification (art.15º).

Following the end of the instruction phase and in accordance with art. 17º, the competent body of the migration body must then elaborate a well-founded report to grant or deny the asylum request. No timeframe for the completion of the report is contemplated in the law.

Upon reception of the final report, the National Refugees Council (or CNR in Portuguese) has fifteen (15) days to evaluate it and present a well-founded proposal to grant or deny asylum that is to be submitted to the ministerial department responsible for the implementation of the migration policy for decision, in accordance with art. 18º.

Lastly, following art. 19º, the ministerial department responsible for the implementation of the migration policy for decision through delegation of powers from the Executive Power (“Titular do Poder Executivo”) defers or denies the request.

5.1.2 Procedural and legal guidance and assistance offered to asylum seekers

Pursuant to art. 22º (Right to Information) of law 10/15, upon the asylum request’s act, the asylum seeker must be informed of his/her rights and duties in a language that the person understands.

Art. 24º goes even further and guarantees that the asylum seeker beneficiates, whenever necessary, from the services of an interpreter to assist not only in the formalization of the request but also during the whole process, until a final decision is issued; UNHCR, under paragraph 3 of the same art., can provide legal and/or social assistance to asylum seekers at all stages of the process.

Under art. 24º of law 10/15:

Paragraph 1 guarantees that the asylum seeker beneficiates, whenever necessary, from the services of an interpreter to assist not only in the formalization of the request but also in the course of the whole process, until a final decision is issued;

Paragraph 2 guarantees legal advice and representation;

Paragraph 3 states that the UNHCR can provide legal and/or social assistance to asylum seekers at all stages of the process.

In addition, the Constitution of the Republic of Angola guarantees access to justice to all in art. 29º, paragraph 1, irrespective of one’s insufficient economic means.

The Law decree 16/95 demands that the person proofs the lack of subsistence means and, in this regard, arts. 8º and 9º must be taken into account.

Paragraph 1 a), b, c) and e) are especially relevant for asylum seekers as they provide for free legal aid to those who:

4. Are receiving food for economic necessity;

5. Whoever meets the conditions required to grant any subsidies due ti their lack of income;

6. Whoever has a monthly income from work equal to or less than three times the national minimum wage;

7. The person in the food requiring process.

According to Law 10/15, the art. 10º, 2, clearly states that the recorded information of the interview should be confirmed by the asylum seeker.

Pursuant to art. 10º, 3, the interview to be declared in the record sustaining the asylum’s request, of which the minutes or report must be drawn up, is instructed by the immigration authority or at the request of the asylum seeker, as many times as necessary, within the period established in art. 15º, 2, i.e., thirty (30) days.

The spirit of the law seems to seek the approval of the asylum-seeker, avoid misunderstandings and clarify possible contradictions.

This last sentence is reinforced by art. 24º1, which grants the asylum seeker the right to an interpreter at every stage of the process until a final decision is issued; art. 10º, 1 reinforces this right at the interview stage with the asylum seeker.

5.1.3 Availability of Legal Aid

Legal aid is available to those who do not have means of subsistence according to the Law decree 16/95 (Judicial Assistance Law – Lei da Assistência Judiciária); it seems the same is true in relation to other situations.

The Constitution of the Republic of Angola guarantees access to justice to all in art. 29º, paragraph 1, irrespective of one’s insufficient economic means.

The Law decree 16/95 demands that the person proofs the lack of subsistence means and, in this regard, arts. 8º and 9º must be taken into account.

Paragraph 1 a),b, c) and e) are especially relevant for asylum seekers as they provide for free legal aid to those who:

7. Are receiving food for economic necessity;

8. Whoever meets the conditions required to grant any subsidies due to their lack of income;

9. Whoever has a monthly income from work equal to or less than three times the national minimum wage;

10. The person in the food requiring process.

According to law 10/15, art. 10º, 1, the asylum seeker is entitled to legal aid. This right is reinforced in art. 24º, 2 and 3, although this last paragraph does not refer to the government but dotes UNHCR with power to provide juridical assistance at every stage of the instruction process.

Lastly, art.59º of law 10/15 states that the processes for recognizing the right to asylum, granting refugee status and expulsion are free whether in the investigation phase, decision or appeal phase.

5.2.1 Confidentiality of personal information and data

According to art. 58º, 3, of Law 10/15 – Law on the Right to Asylum and Refugee Status, the individual identifiable information contained in the processes for recognition and loss of refugee status are confidential, under current legislation.

The Constitution of the Republic of Angola, in art. 32º (Right to Identity, Privacy and Intimacy), foresees that the law establishes effective guarantees against obtaining or using information relating to all people and families, if abusive or contrary to human dignity.

Art. 69º (Habeas data), paragraph 2, prohibits personal data to be accessed by a third party, as well as personal data transfer from one file to another belonging to a different institution, except in cases established by law or by court decision.

Law 22/11, Personal Data Protection Law (Lei da Protecção de Dados Pessoais) establishes the rules protecting personal data with the objective to guarantee the respect for public liberties and rights and fundamental guarantees of singular persons.

According to art. 58º, 3, of Law 10/15 – Law on the Right to Asylum and Refugee Status, the individual identifiable information contained in the processes for recognition and loss of refugee status are confidential, under current legislation.

According to Law 22/11, art. 59º, 1, anyone who is obliged to maintain professional secrecy, under the terms of the Law, reveals or divulges personal information in whole or in part, without just cause or due consent, is punished with imprisonment up to 18 months or a corresponding fine. The following paragraphs detail the aggravating facts as well as the adjacent penalty.

Most of Law 22/11 deals with the processing of information and obeys the principles of transparency (art. 6º), lawfulness (art. 7º), purpose (art. 8º), truth (art. 9º) and duration of the conservation period (art. 10º).

According to art. 58º, 3, of Law 10/15 – Law on the Right to Asylum and Refugee Status, the individual identifiable information contained in the processes for recognition and loss of refugee status are confidential, under current legislation.

SME – Service of Migration and Foreigners (Serviço de Migração e Estrangeiros) –, the central executive body of the Ministry of the Interior, is responsible to execute the legislative and regulatory policies and measures related to entry, transit, exit and control of the stay and activities of foreign citizens in Angolan territory, as well as studying, promoting, coordinating and executing measures and actions related to those activities. As such, refugees and asylum seekers fall under the remit of SME and are under SME’s control.

The people working for SME, are obliged, under the Organic Regulation of the Service of Migration and Foreigners (Regulamento Orgânico do Serviço de Migrantes e Estrangeiros), Presidential Decree 189/17, to maintain professional secrecy on classified matters within their domain or about which they otherwise have knowledge of, pursuant to art. 55º. This obligation is valid for both permanent and temporary staff, as long as they have a working contract with SME (art.47º, Hiring Staff).

Bearing in mind that asylum seekers may also register their request for asylum with the police, it must also be noted that the security forces are also obliged to professional secrecy under art.71º of law 6/20, Basic Law on the Organization and Functioning of National Police (Lei de Bases sobre a Organização e Funcionamento da Polícia Nacional).

Violating these obligations is punishable by the Angola Penal Code, pursuant to art. 233º (Violation of professional secrecy imposed by Law – Violação do Segredo Profissional imposto por lei).

UNHCR, that fully cooperates with the Angolan government and is even legally recognized by national laws as an active player in many circumstances as previously described, does consider the duty of confidentiality, making use of codes of conduct and internal regulations “All UNHCR staff, including interpreters and security staff, as well as any partners, counsellors or medical practitioners who provide services to asylum-seekers and refugees under an agreement with UNHCR, have a duty to ensure the confidentiality of personal data and other information received from or about such individuals in accordance with UNHCR’s data protection policy and confidentiality standards. This includes the fact that an individual has registered or is in contact with UNHCR.”

5.3.1 Registration of family members of registered asylum seekers

In accordance with art. 8º of law 10/15, the state demands that the asylum seeker provides all the necessary information that justifies the person’s claim, namely the identification of all the household members. Therefore, the household members are at least identified and are part of the individual’s personal asylum request’s information.

According to UNHCR, the regular caseload data – i.e., aside from UNHCR’s own database, which has its limitations considering its action capacity - is provided by the government upon request and does not reflect the real picture of this population on the ground.

In recent news, the Government of Angola estimates that there are a total of 28.090 existing asylum seekers that are not registered.

As for documentation, only after the interview – which does not occur immediately – is the appropriate individual documentation issued (art.11º) attesting the person/ persons status, and it does remain valid until a final decision on the asylum application is validated; between the asylum request and the interview, the asylum request is forwarded to the local representation of the immigration authority, within a maximum of 48h, which immediately notifies the asylum seeker to provide a statement within eight (8) days.

Notwithstanding the above, the reality is quite different, as many asylum seekers remain without documentation for a very long time, which sometimes lead to detentions by the police authorities: “(…) many refugees and asylum seekers do not have identification documents [due to the time it takes the government to process the claims] (…) and therefore some are often arrested during police raids and taken to the Center for the Detention of Illegal Aliens (CDEI)”.

5.3.2 Obstacles to applying for asylum while in detention

As long the asylum seeker complies with law 10/15.

In addition, pursuant to art. 7º, paragraph 1, the asylum seeker can submit the request with any police authority within the country; furthermore, art. 9º does state that presenting an asylum request is sufficient to put a hold on any administrative or criminal procedure for irregular entry into Angolan territory, and those should be archived in case the asylum’s request is approved, provided that it is demonstrated that the facts leading to the infringement were determined by the same facts that led to the approval of the claim.

According to the Presidential Decree 189/17, approving the Organic Regulation of the Service of Migration and Foreigners, and pursuant to art. 31º, 1, a), it is the responsibility of the Borders Directorate to define the borders procedures. It has not been possible to access those procedures.¹

However, in general law, in view of the options to submit a claim (any police authority within the country, at the border, migration official, from outside the country, etc.), there is no mention to special procedures at the border in relation to claims submitted at the borders. Notwithstanding the above, the claim submitted at the border must be submitted to the migration authority (art. 7º, 1, of law 10/15).

5.3.3 Making a claim for asylum at the border

The border official refers the person seeking asylum to the competent authority, pursuant to art. 7º of law 10/15, paragraph 1, where it is stated that foreign citizens or stateless persons who wish to obtain asylum can submit their request at the border post to the immigration authority within the country. Furthermore, in accordance with art. 8º, a), of law 10/15, asylum seekers should provide identification for all the household members that accompany them.

The asylum seeker who submits a claim at the border follows the general process, i.e., they must provide all the information needed for the fulfilment of the claim (art.8º), and then they must await to be called by the migration authority to an interview, which should happen in 8 days maximum (art.10º). Having submitted an asylum claim is sufficient to put on hold any administrative or judicial process for irregular entry into national territory (art. 9º, 1).

The Law does not state where the asylum seeker remains until the next stage of the process, i.e., the interview.

5.3.4 Necessity of travel or identity documents for concerned persons

It seems admissible that asylum claims can be lodged regardless of whether an individual has a travel or identity document.

The law 10/15 does not mention the word “document”, although the provision in art. 8º, a) can be interpreted in a way that make the presentation of personal identification documents necessary.

When lodging a claim, in accordance with art. 8º, the asylum seeker should present all the necessary information to justify the claim, namely identification. The words “should” and “namely” are key to interpret the provision, as they respectively determinate that a) it is not mandatory to present all the relevant information, provided that the person presents all the information required that they have and know and under art. 8º, b) although presenting a personal identity is important, it is not mandatory, but is instead considered, among other requirements, a basic one to better identify the person stating the claim and to justify it.

This interpretation seems to be in line with what is written in art.10º, 4, the interview stage, where the benefit of the doubt is granted to asylum seekers who, due to lack of sufficient evidence, are unable to substantiate some of their statements, when these are coherent, plausible and not contradictory in light of the generality of the facts presented.

Furthermore, this is also in line with the recent commitment Angola has forged with the protection of stateless persons, having, in 2019, signed the 1961 Convention on the Reduction of Statelessness and 1954 Convention Relating to the Status of Stateless Persons.

5.3.5 Challenges for individual asylum seeker claims for females

There are no specific provisions in this regard nor reports of this situation. However, according to law 10/15, the asylum process is individual.

5.5.1 Standard of credibility for an asylum claim

In accordance with section II (Procedure for Granting Asylum) of law 10/15, the whole process is conducted individually.

Pursuant to art.10º, 4, of law 10/15, the benefit of the doubt is granted to asylum seekers who, during the interview stage, due to lack of sufficient evidence, are unable to substantiate some of their statements, when these are coherent, plausible and not contradictory in light of the generality of the facts presented.

In this sense, the indicators of credibility are coherence, plausibleness and no contradiction when making statements.

5.5.2 Provisions and standards for decision makers

To assess credibility, according to law 10/15, the standard of proof is the benefit of the doubt, in accordance with art.10º, 4, of law 10/15:

the benefit of the doubt is granted to asylum seekers who, during the interview stage, due to lack of sufficient evidence, are unable to substantiate some of their statements, when these are coherent, plausible and not contradictory in light of the generality of the facts presented.

Pursuant to art. 8º, the asylum seeker should also present all the information necessary to justify the asylum request, namely: a)- Identification of the applicant and family members; b)- Indication of nationality, country or countries and previous place or places of residence; c)- Indication of previous asylum requests, if any; d)- Report of the circumstances or facts that support the asylum request and the indication of the evidence deemed necessary.

Once an interview with the asylum seeker is conducted (art. 10º), the process continues with an evaluation of the request under the responsibility of the migration authority that must be resolved in thirty (30) days, a time frame that can be extended with duly justification (art.15º).

Following the end of the instruction phase and in accordance with art. 17º, the competent body of the migration body must then elaborate a well-founded report to grant or deny the asylum request. No timeframe for the completion of the report is contemplated in the law.

Upon reception of the final report, the National Refugees Council (or CNR in Portuguese) has fifteen (15) days to evaluate it and present a well-founded proposal to grant or deny asylum that is to be submitted to the ministerial department responsible for the implementation of the migration policy for decision, in accordance with art. 18º.

Lastly, following art. 19º, the ministerial department responsible for the implementation of the migration policy for decision through delegation of powers from the Executive Power (“Titular do Poder Executivo”) defers or denies the request.

5.5.3 Assessment of individual claims of family members and dependents of potential refugees

According to law 10/15, the asylum applications are individual.

If the family seeking asylum is directly related to a refugee, it might try to get the refugee status through this modality: pursuant to art. 43º, the refugee’s rights are extended to the family if the refugee requests it, within limitations set in the law, namely that the person /people seeking asylum do not possess another nationality nor beneficiate from protection in that country.

5.6.1 Interview and decision making process at first instance

Law 10/15 determines that one of the first stages of requesting asylum is indeed an interview in which asylum seekers justify their claim, pursuant to art. 10º. Law 10/15 determines the procedure for the concession of asylum between arts.7º and 21º, which is an individual process.

The interview, as described in art. 10º, is the stage in which the asylum seeker justifies the claim, acquires proof of the request for asylum (art.11º) and is given a temporary stay permission in the Angolan territory (art. 12º). The process then continues based on that interview and other relevant facts, which will sustain a final decision concerning the person’s future statute.

5.6.2 An asylum seekers access to a decision and possibility to appeal

According to Law 10/15, the art. 10º, 2, clearly states that the recorded information of the interview should be confirmed by the asylum seeker.

Pursuant to art. 10º, 3, the interview to declare in the record and substantiate the asylum request, of which the minutes or report must be drawn up, is instructed by the immigration authority or at the request of the asylum seeker, as many times as necessary, within the period established in art. 15º, 2, i.e., thirty (30) days.

Equally relevant is art. 69º(Habeas data) of the Constitution of the Republic of Angola where everyone has the right to appeal to the writ of habeas data to ensure the information about oneself contained in files or computer records, to be informed about the purpose for which they are intended, as well as to demand their rectification or updating, in accordance with the Law and safeguarding State and Judicial secrecy.

5.8.1 Asylum seekers right to appeal decisions

Pursuant to art. 20º, 2, of Law 10/15, if the asylum’s request is denied, the asylum seeker is notified within seventy-two (72) hours and from this moment it becomes mandatory to leave the country within thirty (30) days. If the asylum seeker does not appeal from the decision nor complies with the 30 days’ time frame to leave the Angolan territory, the immigration authority reserves the right to continue the process with view to the immediate expulsion (art. 21º, 3).

Although there is no specific timeframe in the law to appeal from the decision, in practice the asylum seeker has 30 days to appeal from the moment of notification, under penalty of breaching the law.

Art. 21º recognizes the right to appeal and regulates some specific aspects, namely the suspensive effect of the law.

5.8.2 Administrative assessment of appeals

Pursuant to art. 21º, 1 of law 10/15, an appeal is made before an Administrative Court.

One must bear in mind that asylum seekers are under the scope of SME, and the power to defer or deny the asylum request, in the first instance, falls under the head of the ministerial department responsible for the implementation of the migratory policy (art. 19º, of law 10/15), through delegation of powers from the executive power, based on the CNR’s well-funded proposal to grant or refuse asylum.

As the appeal is processed by the administrative court, in accordance with art. 21º, 1, the first and second instances are independent. The status is judicial, as the administrative decision is contested before an administrative court.

5.8.3 Outcome of an appeal decision: what is available to the asylum seeker

The asylum seeker, according to art. 20º, 2, of law 10/15, is only notified of the decision denying the asylum request, and the person is informed about the rights which include the right to appeal. The law does not give any more details on whether the grounds on which the decision was made are part of the notification, nor was it possible to assess if it factually happens.

As for the last part of the question at hand, pursuant to art. 22º (Right to Information) of law 10/15, upon the asylum request’s act, the asylum seeker must be informed of his/her rights and duties in a language that the person understands. By definition, at the initial stage of the procedure the asylum seeker should also be informed of the right to appeal.

Art. 24º does envision the right to an interpreter at every stage of the process and to juridical assistance (paragraphs 1 and 2) until the final decision.

5.8.4 Procedures and standards of appeal hearings or interviews

Law 10/15 on the Right to Asylum and Refugee statute, although recognizing the right to appeal in art. 21º, does not provide more information in this regard.

Law 10/15 on the Right to Asylum and Refugee statute, although recognizing the right to appeal in art. 21º, does not provide more information in this regard.

5.8.5 Period between appeal hearing and final decision

Art 21º of law 10/15 recognizes the right to appeal and regulates some specific aspects, namely the suspensive effect of the law.

5.9.1. Children

5.9.2. Person with disabilities

5.9.3. Women

5.9.4. LGBTIQ

5.10.1 Average processing time, from the asylum claim registration to the decision on refugee status

It was not possible to understand what the average time of the processing time is.

According to the law, from the asylum claim to the decision on refugee status, it will take a minimum of roughly 3 months.

However, in the past, the average time to resolve an asylum-seeking request was so long that only recently have people viewed their refugee status approved; the Government of Angola has been making an effort to be more effective; Angola has, in view of special circumstances, given prima facie refugee status to many people coming from the DRC.

5.10.2 Types of residence offered to refugees by legislation

Under Law 10/15, upon having the asylum request approved, the person becomes a refugee and is given an identification document, as well as, in accordance with art. 36º, 1, an authorization of temporary residency in Angola.

In practical terms, refugees who do not have means of subsistence can reside in CARRA, the Reception Centre for Refugees and Asylum Seekers - Centro de Acolhimento para e Refugiados e Requerentes de Asilo -, pursuant to art. 13º, 1.

The organizational and functional principles of CARRA are regulated by the Presidential Decree 204/18, The Regulation for the Reception Centre for Refugees and Asylum.

Art. 40º, also gives refugees the right to freely find a home under equivalent conditions as those of foreigners legally residing in Angola.

5.10.3 Duration of refugee status

Pursuant to arts. 47º and 48º of Law 10/15, which regulates the cessation and loss of refugee status, a refugee is given the status indefinitely, as long as the person complies with the legal obligations nor infringes the law according to the mentioned articles, namely the renovation of the Temporary Residency authorization, which is valid for and renewable every two years (art. 81º of Law 13/19), or the competent authorities do not find grounds to initiate a cessation or loss of the status process.

5.10.4 Issuance of individual identity documents certifying refugee status

According to art. 35º of Law 10/15 and under the terms of the 1951 Geneva Convention of which the Angola state is signatory, every refugee has the right to an identification document proving the refugee status, that is assigned by the migration authority. The issuing of these documents is (supposed to be) an immediate effect of the approval of the asylum request (art. 20º - Effects of the Decision -, paragraph 1).

The duration of this identification is valid until the cessation or loss of the refugee status, as from this moment onwards the applicable Law is the general Law regulating the Juridical Regimes of Foreigners in the Republic of Angola.

5.10.5 Issuing of identity documents to family members of refugees

According to Law 10/15, art. 43º, paragraph 1.

To the detriment of the limitations imposed by law, the rights of the refugee, including the refugee status, are extended to the spouse, parents, minor children and adult children who are impaired or incapacitated, whenever the refugee requests it, unless they have another nationality and enjoy the protection of the country of said nationality.

5.10.6 The effect of familial changes on an individual’s refugee status

In accordance with Law 10/15, art. 43º, paragraph 2, the refugee status is not affected by the breakdown of family unity through divorce, separation or death does not remove the status of refugees from the supra mentioned family members. Therefore, if a child attains age majority, the refugee status is kept; as for a new marriage, it is not clear if the new spouse has the right to have the husband’s / wife’s refugee rights extended, although it seems admissible.

5.11.1 Forms of complementary or temporary protection in legislation

The law of the Republic of Angola only has exhaustive laws concerning the right to protection to asylum seekers and refugees, however, it does not have specific laws for subsidiary protection and, as such, does not seem to recognise this kind of humanitarian protection.

Nevertheless, Law 13/19, on the Legal Regime of Foreign Citizens in the Republic of Angola, does mention this possibility as it envisions granting a temporary stay visa (which can only be issued by diplomatic and consulate missions) to be granted as a measure of subsidiary protection for humanitarian reasons, when situations arise in which the provisions set out in the Law regulating the Right to Asylum are not applicable, in accordance with art. 56º, 3.

5.12.1. Exclusion

5.12.2. Cancellation

5.12.3. Revocation

5.12.4. Cessation

5.13.1 Process of returning those found not to be in need of international protection

Pursuant to art. 20º (Effects of the decision – Efeitos da Decisão) of law 10/15, when the request for asylum is refused, the person seeking international protection is notified within seventy-two (72) hours by the immigration authority of the decision to reject the request, informing that the person must leave the country within thirty (30) days, under penalty of immediate expulsion once this period has expired, with mention of the rights that he enjoys under the terms of the Law.

The foreign citizen against whom an expulsion decision has been made is detained at the Centre of Detention of the Illegal Aliens or similar place until the execution of the expulsion decision in terms of the law, in accordance with art. 40º of law 13/19; the same is true for persons who are refused entry into national territory, as they are also placed in a Temporary Installation Centre (TIC) or similar place until being re-embarked, pursuant to art. 21º, 5.

However, in case of the cessation of the refugee status, the person is not forced to return and can ask instead for a residence permit with exemption from presenting the respective visa, in accordance with art. 51º, 3 of law 10/15.

5.13.2 Execution of removal orders

Pursuant to art. 20º (Effects of the decision – Efeitos da Decisão) of law 10/15, when the request for asylum is refused, the person seeking international protection is notified within seventy-two (72) hours by the immigration authority of the decision to reject the request, informing that the person must leave the country within thirty (30) days, under penalty of immediate expulsion, once this period has expired, with mention of the rights that the person enjoys under the terms of the Law.

5.13.3 Readmission back into the country

The Republic of Angola has not signed readmission agreements. However, it has signed repatriation agreements with UNHCR, Namibia and Zambia and a tripartite agreement with the Democratic Republic of Congo.

6.1.1 Protection against non-discrimination

There is no specific provision in law with the wording “principle of non-discrimination”.

Notwithstanding the above, art. 2º (Scope of Aplication – Âmbito de Aplicação) of law 10/15, does abide by the principle of non-discrimination as the law applies to foreign citizens or stateless persons requesting asylum and refugees, without distinction of race, religion, nationality, membership of a certain social group or political opinion, in accordance with what is established in international legal instruments relating to refugees to which the Republic of Angola has joined or will join.

There is no specific national law aimed at combating racism, racial discrimination, xenophobia and related intolerance.

Notwithstanding the above, the Angolan Republic is, since 9th of October 2019, signatory to the International Convention of the Elimination of All Forms of Racial Discrimination.

6.2.1 Access to refugee travel documents or passports

According to law 10/15, the migratory authority may issue a travel document for the refugee, pursuant to art. 37º. The travel document must be in accordance with the provisions of the 1951 Convention relating to the Status of Refugees and with the parameters established by the International Civil Aviation Organization with regard to Electronic Readable Travel Documents.

In the same vein, Law 13/19, on the Legal Regime of Foreign Citizens in the Republic of Angola, specifically considers the matter of a travel title for refugees, in accordance with art. 97º.

Law 22/21, that regulates the Angolan passport and the entry and exiting regime of national citizens, dedicates its chapter IV to the traveling title for refugees; pursuant to art. 40º, 1, the travel document for Refugees is dark blue in colour and has the form and characteristics required in the general Passport regime, provided for in art. 5º of this Law.

As for charges, the only people who are exempted from paying are national citizens with asylum status covered through the process of terminating their refugee status, in the host country, pursuant to art. 5º of the Presidential Decree 20/19.

Nevertheless, and although the travelling document is to be very similar to the Angolan passport, no fees associated to it were found in any regulations or laws, nor any affirmation regarding its cost or gratuity.

6.2.2 Limitations on the right to movement

Pursuant to law 10/15, namely art. 41º (Freedom of movement – Liberdade de Circulação), every refugee is free to move within national territory and as long as the person is not living in CARRA or there are no reasons to restrict this right due to public safety reasons.

If, however, the refugee has no means of subsistence, in accordance with art. 13º, 1, the person will be housed in CARRA, where there is very limited freedom of movement and is, in practice, confined to the Center.

Additionally, when acquiring a Travel Permit for refugees, as set out in law 22/21, the refugee can be outside of the country in accordance with the claim that sustained the person acquiring such a travel permit, for a limited period of time.

6.2.3 Recognition of family unity under national law and regulations

Pursuant to art. 40º (Housing – Alojamento) of law 10/15, refugees are allowed access to accommodation, under conditions equivalent to those of foreigners legally residing in Angola, therefore, they can choose where to live; furthermore, in accordance with art. 41º (Freedom of movement – Liberdade de Circulação), every refugee is free to move within national territory and as long as the person is not living in CARRA or there are no reasons to restrict this right due to public safety reasons.

A refugee that has no means of subsistence, in accordance with art. 13º, 1, will be housed in CARRA, where there is very limited freedom of movement and is, in practice, confined to the Center.

These Centers are, pursuant to art. 13º, 2, installed in Provinces that have land, sea or river border posts and are geographically located considering the volume of entry of asylum seekers and refugees.

Another option are settlements, such as the Lovua settlemet, that mostly houses refugees incoming from the Democratic Republic of Congo (DRC) and was created following the DRC’s crisis.

In short, refugees have freedom of movement and can choose their place of residence, provided that they have means of subsistence. If that is not the case, they go/remain in the nearest CARRA (art.14º1), where freedom of movement is severely restricted; or go to settlements.

6.2.4 Birth registration and documentation of children of refugees

Law 10/15 specifically proclaims the right to family unity under art. 25º.

The Constitution of the Republic of Angola clearly establishes family as the central nucleus of society and reinforces this right in several articles, namely art. 35º (Family, marriage and constitution of family).

Before becoming a refugee, the person must provide identification for the whole household, pursuant to art. 8, b) of law 10/15. While being interviewed, the person is given the benefit of the doubt if the declarations cannot be sustained with material proof, provided that the facts are coherent (art. 10º, 4).

This is the only mention to proof in the law. One must bear in mind that providing false information and /or documentation results in the annulment of the status of refugee.

All in all, proof of relation does not seem to be an issue, as families tend to stay together in practice.

Pursuant to art. 21º (Right to family and Name – Direito à Família e ao Nome) of Law 25/12, paragraph 3, the State guarantees the registration of children immediately after birth; law 4/21, Birth Registration Simplification Law (Lei da Simplificação do Registo de Nascimento) is proof of the effort of the Republic of Angola in registering every child.

The registration of refugee births is made, in practice, in partnership with other actors, such UNHCR and UNICEF. All children, either refugees or asylum seekers, who are registered in the UNHCR system have been registered with a birth certificate; as for refugees residing in the Lovua settlement, the population is 100% registered, with births and deaths being recorded weekly.

Although the Government of Angola is making an effort to register its population in general, this has proven to be a difficult task with many obstacles; according to UNHCR’s 2022 “Birth Registration and Statelessness in the Member States of the Southern Africa Development Community” report, Angola has one of the lowest birth registration rates, 14%.

More accurate information is only provided by the government and is only available upon request - it was not possible to access it.

It must be noted that even for UNHCR it is difficult to maintain a track record, since there are refugees that no longer live in the camp or, though registered in ProGres database, many times do not provide information regarding the birth of new children.

In addition, the #IBelong Campaign to End Statelessness by 2024, launched by UNHCR, has helped Angola improve birth registration. Nonetheless, the Government of Angola has "(…) appointed focal persons in government to strengthen country efforts on statelessness. Typically, the Commissioners for Refugees have been appointed as statelessness focal persons, which has proven to have some difficulties in terms of birth registration efforts since birth registration and citizenship do not fall under their mandates.

In short, yes, the Angolan Law does require that all births are registered; that a birth certification is to be issued free of charge between ages 0 and 5 within a time frame set up in law; and is making a real effort to countervail the deficient numbers. However, in practice, the law still has a long road ahead to match reality and fulfil its goals.

6.2.5 Freedom of religion

The Constitution of Angola, pursuant to art. 41º, guarantees religious, cult and conscience freedom; according to art. 23º, Principle of equality, no one can be discriminated based on religious belief; art. 10º separates the state from religion, and gives freedom to the different religious confessions to freely develop its activities and organization, as long as they respect the Constitution of the Republic of Angola.

Law 12/19, Law on the freedom of Religion and Cult (Lei sobre a Liberdade de Religião e de Culto), in accordance with art. 18º, a) allows for religious organizations and confessions to build schools; art. 15º allows the option of a religious education and dissemination of religious materials.

6.2.7 Rights of the Refugee Child

Law 17/16, Basic Law on the Teaching and Education System (Lei de Bases do Sistema de Ensino e Educação) is universally applicable to all children, in accordance with art. 9º.

Law 10/15, pursuant to art. 38º, specifically guarantees the right to education in the same terms as nationals.

In practice this may be difficult to verify as, for instance, children who are not registered cannot access their rights, such as the right to education.

However, the UNHCR 2007 Report, for example, gives note to schools that although not being created by the Angolan government, but rather UNHCR, that initially only taught Congolese refugees, later became incorporated into the national education system to teach both refugees and IDP’s.

In compliance with art. 35º, 6, of the Constitution of Angola, the protection of children's rights must be observed, in particular, the rights to a comprehensive and harmonious education, the protection of health, living conditions as they constitute an absolute priority of the family, the State and society.

The Law 7/04, Basic Law on Social Protection, protects all resident population, namely people or families in grave poverty situation, children and adolescents with special needs or in a situation of risk, disabled people in a situation of risk or social exclusion, in accordance with art. 5º.

The Law 25/12, Law on the Protection and Integral Development of Children is universally applicable, according to art. 4º. This law aims at protecting a child in many situations, namely, pursuant to art. 38º, 2, children who are temporarily or permanently deprived of their family environment have the right to special protection and assistance.

Law 17/16, Basic Law on the Teaching and Education System (Lei de Bases do Sistema de Ensino e Educação) is universally applicable to all children, in accordance with art. 9º.

In this sense, even when refugee children are not specifically mentioned, the universality of the applicability of laws determinate that they are, in practice, at least formally protected.

6.2.7 Refugee rights to higher and tertiary education

According to art 11º of Law 17/16, art.11º, 2, secondary education and university is only available to those who pay. However, the State may provide for scholarships and other mechanisms to help, provided that the students meet certain requirements, in accordance with art. 11º, paragraphs 4 and 5.

In addition, the law decree 181/23 that sets out the Long Term Developing Strategy – Angola 2050 (Estratégia de Desenvolvimento de Longo Prazo — Angola 2050), aims at reinforcing social inclusion at every level of education.

6.2.8 Refugee right to state social assistance

The Law 7/04, Basic Law on Social Protection, protects all resident population – which includes refugees, as they are part of the resident population in accordance with law 10/15 - namely people or families in grave poverty situation; children and adolescents with special needs or in a situation of risk; disabled people in a situation of risk or social exclusion, in accordance with art. 5º.

In addition, law 10/15 specifically recognizes the right to access the social security system, pursuant to art. 39º, Right to Work (Direito ao Trabalho).

Furthermore, social inclusion of refugees has, since 2023, gained momentum, with many refugees whose documentation had expired being given updated identifications, which is a basic condition to access their rights.

6.2.9 Access to legal assistance afforded to refugees

In accordance with law 10/15, art. 42º, the refugee has the same right to access justice as national citizens.

The Constitution of the Republic of Angola guarantees access to justice to all in art. 29º, paragraph 1, irrespective of one’s insufficient economic means.

The Law decree 15/95, Law on Judicial Assistance (Lei da Assistência Judicial), demands that the person proofs the lack of subsistence means and, in this regard, arts. 8º and 9º must be taken into account.

Paragraph 1 a),b, c) and e) are especially relevant for refugees as they provide for free legal aid to those who:

1. Are receiving food for economic necessity;

2. Whoever meets the conditions required to grant any subsidies due ti their lack of income;

3. Whoever has a monthly income from work equal to or less than three times the national minimum wage;

4. The person in the food requiring process.

6.2.12 Refugee rights to property

6.2.13 Refugee rights to work and conduct business

Under art. 39º of Law 10/15, refugees can exercise an economic activity in accordance with the same regime applicable to foreigners.

Additionally, the Law on Private Investment (Lei do Investimento Privado) regulates the conditions and modalities and allows for foreign citizens to own a business.

6.2.14 Refugee rights to financial institutions

The Government of Angola does not have a national strategy at this moment and is working on one that will be presented until the end of March 2025 (it is not known if people beyond nationals are to be considered).

6.2.15 Labour rights and social security for refugees

Law 10/15, pursuant to art. 39º, specifically recognizes the right to access the social security system and the right to work, in accordance with the same regime applicable to foreigners. Therefore, all Labour legislation and the social security system are applicable to refugees within the limits set out in law.

Pursuant to art. 5º of the Basic Law on Social Protection, everyone that is a resident (which is the case of the refugees upon receiving their status), people with disabilities are specifically protected by the Law, in accordance with paragraph e).

The Law 21/12, Law on the Person with disabilities is, in accordance with Chapter I, art. 1º, 2, applicable to all natural and legal persons, public and private, therefore, refugees are also included.

However, in practice, access for requisite services is not easy or available to either refugees or national citizens.

6.2.16 Duties of a refugee towards host state

In accordance with Chapter III, Duties of the Refugee, of Law 10/15, the duties are:

Art. 44º - Respect the Law and Angolan authorities. Not knowing the law does not excuse the refugee from complying with it;

Art. 45º - To inform the authorities about the person’s domicile and social situation;

Art. 46º - To respect eventual restrictions to freedom of movement.

6.2.19 Requirements for exit visas for resettlement, repatriation or other purposes

Refugees have the right to have a travel document that is very similar to the passport of Angolan citizens.

Pursuant to art. 40º, 4, of Law 22/21, the law and the document explicitly inform the competent authorities that the possession of such document gives the person the right to re-enter Angolan territory until it expires.

However, reinstallation and other situations must, at times, have special proceedings. Such is the case of the refugees under UNHCR’s responsibility, in accordance with art. 34º of law 10/15.

The voluntary repatriation of refugees can be aided by the Angolan State, pursuant to art. 55º of law 10/15.

Lastly, and in accordance with art. 29º, 1 of Law 13/19, foreign citizens may leave national territory through any of the border posts authorized for this purpose, upon prior presentation of their valid passport or other travel document.

7.1.1 Administrative and procedural standards for voluntary repatriation

The law is not extensive in relation to refugee’s rights and entitlement.

In accordance with Law 10/15, the repatriation of refugees is a right and can be aided by the Angolan Stante, in accordance with paragraphs 1 and 2 (mass influxes). In case of mass repatriation of refugees, the Angolan State can establish agreements with the state of origin or UNHCR.

According to the definition of “repatriation guarantee” set out in art. 3º,l, of law 13/19, Law on the Legal Regime of Foreign Citizens in the Republic of Angola, it is provided a monetary amount equivalent to the price of the ticket to the country of origin of a foreign citizen holding a residence permit to carry out subordinate professional activities, which can be used for eventual repatriation.

In the event of expulsion, legal absence or death, foreign citizens and their family members are guaranteed the recognition and protection of their property rights, properties and other rights and legitimate expectations recognized by law, pursuant to art. 12º, 2. Therefore, if a refugee decides to voluntarily return to the country of origin, the person’s family members keep all their rights in Angola, namely the residence authorization.

Specifically, in relation to voluntary repatriation of people originating from the DRC, which is made in partnership with the Government of Angola and DRC, UNHCR, plays a major role and makes sure refugees who choose to return do so in a well-informed, secure and dignified manner. As the processes are either individual or with the whole family.

However, there are reports of families being separated. For instance, the voluntary repatriation offices of IOM – a partner in repatriation arrangements - always guarantee the arrangements as stated in the question, however the modalities vary according to the specific situation.

7.1.2 Voluntary repatriation in terms of especially vulnerable peoples

Yes, although information is not clearly available, at least in relation with people with some kind of medical related issue. IOM, for instance, a valuable partner in voluntary repatriation, does make the necessary arrangements to identify and address the matters raised in this question.

7.1.3 Voluntary repatriation in terms of unaccompanied or separated children

Yes, although information is not clearly available.

For instance, the voluntary repatriation offices of IOM always guarantee the arrangements as stated in the question, however the modalities vary according to the specific situation.

UNHCR frequently counts on IOM to help with repatriation.

7.1.4 Access to country of origin information for refugees undergoing voluntary repatriation

Taking into account the DRC example, refugees who choose to return do so in a well-informed, secure and dignified manner.

7.2.1 Progression towards self-reliance for refugees

As an example, according to the 2023 UNO ’s Results Report on Angola, a total of 450 people (including refugees, asylum seekers and host community), located in Dundo and Luanda, received agricultural production training and starter kits that allowed them to start or develop their business.

In the same vein, a total of 100 refugees and asylum seekers in the Municipalities of Luanda and Dundo received training in business and professional skills, including tailoring, pastry making, business management and IT. They were equipped with starter kits, such as sewing and materials that include equipment and products, enabling them to start or expand their businesses.

7.2.2 Opportunities for naturalization under legislation

According to the law 10/15, the refugee, upon acquiring the statute, must abide by the same rules as other foreigners, as laid out in law 13/19, which means, among other criteria, residing in Angola for at least 10 years to be eligible for the naturalization process (art. 82º).

7.2.3 Opportunities for permanent residency under legislation

There are no immediate opportunities for permanent residency under legislation for refugees, as the refugee must comply with other requirements first.

In case of the cessation of the refugee status, the person can request a residence permit from the immigration authority without having to present the respective visa. Upon the cessation of the status, the former refugee must abide by the same general rules as other foreigners, as laid out in law 13/19, but it is not required to having a visa to access permanent residency in accordance with art.51º of law 10/15 and 79º of law 13/19.

Pursuant to art. 87º of law 13/19, a temporary residency permit can be issued by the holder of the Executive Power for humanitarian reasons, national interest or public interest, which must be duly justified.

In order to acquire the permanent residence card, the person must have at least 10 consecutive years of temporary residency in Angola, according to art. 82º of law 13/19.

The permanent residency does not expire, however, the document associated with it must be renovated every 5 years.

All in all, yes, it is possible to access permanent residency but only 10 years of “temporarily” residing in Angola (one must bear in mind that upon receiving the refugee status, the refugee is given a temporary residency permit, in accordance with art. 36º of law 10/15, therefore, from the moment a person acquires the status, the 10 years period starts counting); the standards are more lenient than those applicable to other migrants as former refugees are not required to have a visa.

The general conditions to access residency in Angola are, in accordance with law 13/19, art. 78º, 1:

Without prejudice to the special conditions applicable for granting a residence permit, the applicant must satisfy the following cumulative requirements:

a)- Presence in Angolan territory;

b)- Possession of a valid visa to establish residence;

c)- Not have carried out acts that, if known by the Angolan authorities, would have prevented their entry into the country;

d)- Not have been sentenced in national territory to a custodial sentence of more than 2 years;

e)- Possession of means of subsistence and accommodation conditions;

f)- Lack of indication in the Migration Authority's information system for non-admission purposes.

According to the law, the documentation to acquire residency in Angola is provided upon the request of the residency visa, a necessary element for the standard procedure.

Apart from this, it seems that a former refugee, that does not need to present the residency visa, must fulfil a form where the person needs to provide personal identification details, professional and residency information; the form will also have a photograph and the fingerprint of the person requesting permanent residency. The formular is available for download here (formular nº3): https://www.sme.gov.ao/formularios-digitais/ .

7.2.4 Availability to access active migration or skilled entry schemes

As a general rule there are no such schemes available to refugees. It seems the only exception are children who are born in Angolan territory that have no other nationality that can have Angolan nationality. In general, the major rule to acquire Angolan citizenship is ius sanguini.

According to section II of law 10/15, refugees are entitled to the same rights as other foreign citizens residing in Angolan territory in terms of work, in accordance with art. 39º (as well as temporary residency, housing and freedom of movement). In some circumstances, the same law goes even further, and refugees are given the same rights as national citizens (in terms of education and access to justice). In this sense, refugees are very much in a similar situation as other migrants.

Law 13/19, regulating the Juridical Regime of Foreigners in the Republic of Angola, does state, in art. 55º, 5, that without prejudice to the provisions of the other paragraphs of art. 55º, in case of public interest, the head of the Ministerial Department that deals with migration matters may authorize the granting of a Work Visa in national territory, upon proposal from the Migration Authority, which means refugees can also access skilled entry schemes.

7.2.5 Recognition of academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin

The laws do not make any specific provision with regards to recognising academic, professional or vocational qualifications from refugees’ countries of origin under refugee law.

In this sense, it seems plausible that refugees must abide by the general rule and present a certificate, if a bilateral agreement between Angola and the State of origin has not been ratified for this purpose.

In accordance with the Presidential Decree 162/23, on the Juridical Regime of the Primary and Highschool Education of the General Education Subsystem, pursuant to art- 56º, 1, the General Education Certificates and Diplomas obtained abroad are valid in the Republic of Angola, as long as they are recognized by the Holder of the Executive Power, through the process of recognition or equivalence of studies.

It seems that the body responsible for equivalence related issues in relation to University, is the National Institute of Evaluation, Accreditation and Recognition of Studies of University Studies (INAAREES - Instituto Nacional de Avaliação, Acreditação e Reconhecimento de Estudos do Ensino Superior).

7.2.7 Inclusion of refugees in national development plans

Refugees and host communities are included in some of these national plans:

• in the law decree 181/23 that sets out the Long Term Developing Strategy – Angola 2050 (Estratégia de Desenvolvimento de Longo Prazo — Angola 2050), namely in the sections related to environment, social inclusion in every level of education, social protection.

• in the law decree 225/23 that sets out the National Development Plan 2023-2027 (Plano de Desenvolvimento Nacional 2023-2027), namely in the sections addressing the promotion of Human Rights Policy, Health Policy, Population and Promotion of Vulnerable Communities Policy.

7.2.7 Empowerment of refugee women

Although there do appear to be some programs geared towards the empowerment of refugee women it does not appear to be possible to verify consistency in terms of the measures and methodology.

Some examples are:

• In 2018, two safe heavens – tents – for women and girls served the purpose to empower females in many ways. These tents were envisioned as places for recreational activities, that also offer sessions about sexual and reproductive health, referring refugees to medical care when needed; once a week there are dedicated activities for adolescent girls; these women also engage into education activities, such as learning Portuguese; 8,000 UNFPA dignity kits were distributed to women and girls in the Lóvua settlement, containing essential hygiene items such as sanitary pads, underclothes, soap, toothbrushes and toothpaste.

• The global campaign 16 Days of Activism against Gender-Based Violence (against women and girls) happens every year and not only tries to raise awareness regarding GBV, but also promote specific activities.