Country Report on Human Rights Practices for 1991
ANGOLA
* The United States does not recognize or maintain diplomatic
relations with the People's Republic of Angola; while it
maintains a liaison office in Luanda accredited to the Joint
Political Military Commission overseeing implementation of the
May 31, 1991, Peace Accords, access to information on the human
rights situation in Angola continues to be limited.
During the first part of 1991, the Government of the People's
Republic of Ai^gola (GPRA) remained under the control of the
sole legal political party, the Popular Movement for the
Liberation of Angola-Workers Party (MPLA-PT) . President Jose
Eduardo dos Santos continued to act as both Head of State and
chief of the MPLA-PT. All major policy decisions were taken by
a small group within the party, which also controlled all means
of mass communication.
The 16-year armed conflict between the GPRA and the armed
opposition, the National Union for the Total Independence of
Angola (UNITA) , also continued in early 1991. UNITA remained
in control of the southeastern quarter of Angola and portions
of the north, and increased its activity in central Angola.
Heavy fighting erupted around the eastern provincial capital of
Luena in early April and continued until the cease-fire on May
15, resulting in heavy civilian casualties and the flight of
large numbers of additional refugees to Zambia. According to
the United Nations, the last of the Cuban troops who remained
in Angola in support of FAPLA departed on May 27, more than a
month before the deadline specified in the New York Accords of
December 22, 1988.
In 1991, two related major events significantly altered the
political and military situation in Angola. While the
administration of the GPRA remained under the control of the
MPLA, constitutional reforms were enacted in May in the wake of
the peace negotiations with UNITA, paving the way for future
multiparty, democratic government. The revised 1991
Constitution contains provisions for the formation of
independent political parties and guarantees of freedom of the
press, the right of free assembly, and the right of workers to
strike. Subsequent laws provided the legal framework for these
new provisions.
On May 31, the GPRA and UNITA signed the Angola Peace Accords,
which provide for a comprehensive U.N. -monitored cease-fire,
the release of prisoners (POW's), the formation of a new
nonpartisan national armed force, and the holding of
internationally monitored multiparty elections between
September 1 and November 30, 1992. Under the terms of the
Accords, until elections the GPRA will retain control of the
central administration which is being extended to areas
currently under the control of UNITA. Implementation of the
Peace Accords is under the authority of the Joint Political
Military Commission (JPMC) and its subcommissions.
Angola is potentially one of the richest countries in
sub-Saharan Africa, with extensive petroleum reserves, rich
agricultural land, and valuable mineral resources. The civil
war, combined with the GPRA's command-style economy, has
devastated the country's infrastructure, led to a return to
barter in many areas, and forced the GPRA to divert much of its
revenues, mainly from oil exports, to the military and to
state-owned enterprises. Expressing a willingness to reform
the economy, the GPRA in 1991 instituted a series of reforms
for that purpose, including three devaluations of the currency,
decontrol of prices on most commodities, and an end to the
special and complementary supply system. However, serious
action has yet to be taken on other economic issues, including
reduction of the size of the public sector and the the shift of
public expenditure from military to civilian needs.
The civil war has also taken a devastating toll on the civilian
population. Estimates of victims since the war began in 1976
range from 250,000 to 500,000 killed, more than 20,000 children
orphaned, 30,000 to 50,000 amputees caused by land mines, and
430,000 refugees. Throughout the war, widespread human rights
abuses were reported by both sides, ranging from extensive
violence against civilians and mistreatment of prisoners to
arbitrary detentions, absence of fair trials, kidnaping and
forced military service, forced relocation, and restrictions on
freedom of speech, press, and association. At the beginning of
1991, a 3-month suspension by the GPRA of a U. N. -sponsored
famine' rel ief program further endangered the estimated 1.9
million civilians affected by conflict and drought.
At the end of 1991, human rights continued to be
circumscribed. UNITA alleged that civilian security forces
continued to intimidate its supporters and that the GPRA was
using its control of the administration to influence the
elections unduly. The GPRA, in turn, accused UNITA of
targeting MPLA activists for assassination. Emerging parties
charged that they were being prevented from establishing
themselves by discriminatory registration procedures and
intimidation by security forces as well as by UNITA in the
interior.
Nevertheless, the Peace Accords produced significant
improvements in the human rights situation. By year's end,
there had been no serious violations of the cease-fire.
According to the International Committee of the Red Cross
(ICRC), all POW s but two had been released by the GPRA, and
interviews with and releases of POW s held by UNITA were
continuing. UNITA and the GPRA were cooperating in
mine-clearing operations throughout the country. Under the
auspices of the JPMC, UNITA and the GPRA had agreed on a
calendar for elections and on programs for integration of the
police and extension of the GPRA central administration.
Training for the new national army had begun, and an electoral
law had been drafted. While the MPLA retained control of
government structures and the media, 26 new political parties
had announced their intention to become established, and
anti-GPRA propaganda and rallies had occurred without
interference.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
Both GPRA and UNITA forces have in the past carried out
extrajudicial killings, including summary executions of
prisoners. Two incidents, one in which UNITA s secretary
general for Malange province was ambushed and killed in
September and another in which a UNITA sentry killed a FAPLA
reserve officer in November, were under review by the JPMC at
year ' s end.
According to GPRA sources, a former UNITA officer hanged
himself in Luanda's Catete Road Prison in February; however,
other sources suggested that torture was the cause of death.
Press accounts in 1991 repeated earlier allegations that UNITA
has detained or executed internal opponents of Dr. Jonas
Savimbi, UNITA' s president (see Section l.d.).
b. Disappearance
While both GPRA and UNITA forces engaged in kidnapings or
clandestine detentions in the past, there is no conclusive
evidence that either engaged in these practices following the
cease-fire in May 1991. In 1991 Luis dos Passos, currently
Secretary General of the Democratic Renewal Party (PRD), and
another PRD official returned to Luanda. They had been in
hiding outside Luanda since the failed 1977 coup against the
GPRA in which they were alleged to have participated.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were persistent allegations that the GPRA's State
Security Service apparatus continued to use torture against
suspected opponents. Beatings of prisoners and detainees by
police and prison officials is reportedly common. However, the
use of torture and other mistreatment of prisoners has
reportedly declined since the Peace Accords. Released FAPLA
prisoners have also alleged that beatings, torture, and
execution were conducted by UNITA.
The GPRA Ministry of State Security (MINSK) was formally
abolished by Presidential decree in December 1990, and many of
its functions assumed by the Ministry of Interior.
d. Arbitrary Arrest, Detention, or Exile
In 1991 the laws on arrest and detention appeared to be in
transition. In early 1991, laws remained in force under which
persons suspected of committing serious acts against "state
security" could be held for an initial period of 3 months,
renewable for a further period of 3 months. Such detainees did
not need to be presented to a judge within 48 hours of their
arrest, as stipulated in the Code of Criminal Procedures for
persons suspected of other crimes. They apparently had no
right to challenge the grounds of their detention. After 6
months, the State Security Service had to inform the detainee
and the public prosecutor of the charges or release the
suspect. Once the case was presented to the public prosecutor,
there did not appear to be a specific time limit within which a
suspect must be brought to trial.
On October 9, the National Assembly approved laws on detention,
investigation, search, and arrests. However, at the end of the
year there was no reliable information available on the effect
of these actions and legal provisions, especially on the
practices of detention without charge and other arrest
procedures.
The number of political detainees and criminal and military
prisoners held by both sides at the end of 1990 was estimated
in the thousands. On February 5, the GPRA released 3,983
reportedly UNITA prisoners serving sentences at Bentiaba
rehabilitation center.
Under the terms of the Peace Accords, all civilian and military
prisoners detained as a consequence of the conflict between the
GPRA and UNITA were to be released under supervision by the
ICRC. In late July, the first prisoners on each side were
released. As of December 24, the ICRC had verified that more
than 900 POW s had been released. Two POW s are known to be
still held for crimes allegedly committed in prison, including
murder. As of the same date, the ICRC had registered
approxin.ately 2,850 FAPLA and GPRA civilian personnel detained
by UNITA. Of this number, almost all have been released;
approximately 120 are still awaiting ICRC interview.
As in previous years, reports citing UNITA s detention of
internal opponents of UNITA president Savimbi appeared in the
press in 1991. The emergent Angolan Democratic Forum (FDA)
party publicly alleged that UNITA "violated and constantly
violates human rights," citing detention of UNITA members Tito
Chingungi and Wilson dos Santos, among others. While Chingungi
was seen alive in the Jamba area in early 1991, his status and
that of others allegedly detained by UNITA could not be
independently verified at year's end.
e. Denial of Fair Public Trial
Although the GPRA Constitution provides for an independent
judiciary, the judiciary has in the past followed MPLA-PT party
guidelines. The law provides for a public trial and the right
of the accused to legal counsel; the revised Constitution
provides for the right of habeas corpus. There is, however,
insufficient information to determine if, or to what extent,
these rights are observed in practice in regular criminal and
civil cases.
The deterioration of the security situation prior to the
cease-fire exacerbated the general decline in judicial
safeguards and due process. Judicial lines of authority are
unclear, especially since the GPRA's regional military councils
have in the past been given broad responsibility for the trial
of offenses against "state security," including "economic
crimes." It is not known which trials are open to the public
and under what rules of procedure the various military and
civilian courts operate, nor to what extent the jurisdiction of
the military councils may in fact have been reducea, as
planned, following the cease-fire. A Supreme People's Court,
described by GPRA President dos Santos as a first practical
step to an independent judiciary, was established in April
1990; little information is available on its specific
functions, but it reportedly handles civil cases only.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Although the Constitution provides for the inviolability of the
home and privacy of correspondence, the GPRA has in the past
conducted arbitrary searches of homes, inspected private
correspondence, and monitored private communications. No
recent information is available on these practices. UNITA has
done the same in areas it controlled; UNITA has also forcibly
occupied buildings in some provincial capitals. In a serious
incident in December, UNITA supporters forcibly occupied a
hotel and several other buildings in Lobito; 4 people were
killed and more than 20 wounded when GPRA police moved in to
dislodge them. This incident was successfully resolved by
UNITA and the GPRA within the JPMC.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
During the initial months of 1991, fighting continued in many
parts of Angola. Intense fighting around the provincial
capital of Luena during the final few weeks of the civil
conflict caused civilian casualties in the hundreds. On May
15, a de facto cease-fire went into effect, followed by a de
jure cease-fire on May 31. There have been no serious
violations to date by the military of either side.
In 1990 it was estimated that between 1 and 1.5 million
civilians had been internally displaced by the war, many
hundreds of thousands located in drought-affected areas.
Credible reports indicate that the GPRA forcibly displaced
thousands of civilians, in part to deny UNITA a social base,
and that UNITA captured thousands of civilians and forced them
to work on UNITA farms. Following an attack on Ambriz in Zaire
province in early 1991, UNITA reportedly abducted over 100
local children to deter a FAPLA counterattack. Both sides
practiced forced conscription of civilians into their
respective armies throughout the war. Conscription has been
discontinued by both sides.
In September 1990, the GPRA and UNITA agreed to a U.N. relief
program to provide assistance to affected civilians on both
sides of the conflict. Amidst mutual recriminations, in
December 1990 the GPRA cut off the relief program and permitted
it to resume only in March 1991. The program has been extended
until the end of 1992.
The GPRA and UNITA placed thousands of land mines in footpaths
to agricultural fields during the civil war as part of a
strategy to deny food to civilians in contested areas. Good
cooperation between both sides on land mine removal has been
reported since the cease-fire; however, rural roads and fields
remain hazardous.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the previous constitution, the right of free expression
was protected by law, but censorship, intimidation, and GPRA
control of the media severely limited this right. The revised
Constitution also provides for freedom of expression. In
practice, banners, posters, and public rhetoric highly critical
of the GPRA have proliferated, with no evidence of government
interference in the capital; however, UNITA and some of the
emerging parties have complained of government interference in
other provinces, citing as an example GPRA refusal to register
students who openly support UNITA. Some emergent parties also
allege harassment of their activists in areas controlled by
UNITA.
The revised Constitution also guarantees freedom of the press,
and law 22/91 provides the legal framework by which periodicals
and publishing companies, as well as foreign journalists and
publications, are to be registered with the Ministry of
Information. The establishment of news agencies is still
reserved to the State. However, there are to date no
independent publications.
The government-owned news media remain heavily influenced by
the GPRA, and almost always paint UNITA in a negative light.
Nevertheless, UNITA officials are often quoted
straightforwardly in the government media, and increasing air
time and print space are devoted to UNITA. The media also
report regularly on third party activity. Hostile rhetoric and
propaganda still abound on VORGAN (UNITA-controlled radio,
heard in Luanda) and the FAPLA Armed Forces Radio Program
"Angola Combatente," despite promises by both sides to refrain
from such practices.
The access of political parties to the electronic media for
campaign purposes remains a contentious issue; the JPMC
specified in its agreement on the electoral calendar that
modifications to air time laws may be made to ensure
"transparency and impartiality of the information media."
b. Freedom of Peaceful Assembly and Association
The revised Constitution guarantees the right of peaceful
assembly and association. Law 16/91 provides for the right to
assemble in public and in private, a 3-day notification to
authorities, and penalties for those who interfere in lawful
demonstrations. The law bars military, paramilitary, or
militia from participating in demonstrations. However, the law
also makes participants liable for 'offenses against the honor
and consideration due to persons and to the organs of
sovereignty." It is not known how this particular provision is
being interpreted and applied.
In practice, the law appears to have been generally respected,
and most requests for rallies are routinely granted in the
capital. Denials appear to be based on questions of public
safety or timeliness of the requests. Police broke up a rally
in front of the Luanda port because demonstrators gave only 1
day's notice. Several pro-UNITA demonstrations and others in
support of emerging parties have been held in Luanda. However,
UNITA has accused the GPRA of interfering with its planned
rallies in areas outside the capital, such as Cunene and
Lobito. Some emerging parties charged that they have not been
permitted to organize and to hold rallies in UNITA-controlled
areas.
c. Freedom of Religion
Although the Constitution provides for the inviolability of
freedom of conscience and belief and for separation of church
and state, the authorities have in the past been critical of
religious activities. Approximately 85 percent of the Angolan
population is either Roman Catholic or Protestant, while most
of the remainder practice a variety of animist beliefs. The
GPRA has eased its antireligious stance but has yet to restore
all church properties previously confiscated. Church services
are held regularly and widely attended. Foreign and Angolan
religious workers are allowed to carry out normal activities.
UNITA respects freedom of religion in the areas it controls and
provides limited administrative support to both Catholic and
Protestant churches.
The GPRA has in the past banned smaller religious sects that it
deemed subversive, such as the Jehovah's Witnesses and the
Tocoist Church, founded in Angola in 1949. The Tocoists have a
syncretic blend of Christian beliefs and indigenous religious
practices. However, recent information indicates that the ban
on the two sects has been lifted.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Until May 1991, travel throughout Angola was tightly restricted
by war and by regulations . Under the terms of the Peace
Accords, free circulation of movement and goods is guaranteed.
However, the GPRA and some international agencies have charged
that UNITA has prevented them from entering UNITA-controlled
areas, or that UNITA requires "visas" for travel into those
areas and otherwise obstructs the movement of people.
Angola currently hosts approximately 10,300 Zairian refugees,
2,000 of which have registered for repatriation to Zaire.
According to the United Nations High Commissioner for Refugees
(UNHCR), most of the more than 1,000 South African refugees
have returned home on their own; the remainder may choose to
stay in Angola. There are approximately 430,000 Angolan
refugees resident in neighboring countries, m.ost of whom have
been in refugee status for many years. In April 1991,
following fierce fighting in the Luena area just prior to the
cease-fire, over 5,000 additional refugees fled to Zambia. In
May, at the urging of the GPRA, about 600 GPRA soldiers were
repatriated without UNHCR screening.
Due to generally poor living conditions and danger posed by
land mines in their home areas, most of the 430,000 Angolan
refugees resident in neighboring countries have not yet begun
returning home in large numbers. At year's end, however,
several thousand Angolans and Zairians had fled Zaire into
northern Angola in the wake of Zairian unrest. The UNHCR is
planning to assist in the repatriaton of approximately 300,000
refugees which UNHCR estimates will elect to return home in the
spring of 1992 following the rainy season.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
In 1991 citizens still did not have this right, and until May
all political activity was still limited to participation in
the MPLA-PT or in one of its controlled and sanctioned
organizations. Groundwork to enable Angolans to change their
government peacefully was laid in 1991 by the revised
Constitution, subsequent political laws on political parties,
and the Peace Accords. At year's end, multiparty elections by
secret ballot for President and a representative National
Assembly were tentatively scheduled to take place in September
1992. The new laws provide for independent poltical parties
but prohibit regional or tribal parties. At year's end, 26
parties had announced their intention to become established,
though some complained they will have difficulty meeting the
legislated requirements for registration. By December the
Democratic Renewal Party (PRD) was awaiting certification of
registration by the People's Supreme Court, the Angolan
Democratic Party (PDA) had been denied registration, and the
Allied Party of Angolan Youth, Workers, and Peasants Party
(PAJOCA) had submitted its application for registraton.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Neither the GPRA nor UNITA permitted independent local human
rights groups to operate in its respective territory. In the
past, neither the GPRA nor UNITA would allow international
nongovernmental human rights researchers into the country.
although the GPRA permitted Africa Watch (AW) personnel to
travel in requested GPRA areas in late 1990 without an escort.
AW also requested permission to visit UNITA-control led areas;
UNITA agreed in principle, but travel permits were not arranged
during the requested timeframe. The GPRA did not cooperate
with Amnesty International's request for information regarding
numbers and identities of released prisoners and in the case of
one death in custody.
In 1991 the GPRA Defense and Security Council approved a
protocol to allow the ICRC to visit state security prisoners,
and visits took place.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The Constitution declares that all citizens are "equal before
the law and enjoy the same rights and are subject to the same
duties, without distinction as to color, race, ethnic origin,
sex, place of birth, religion, level of education or social or
economic status." Because of the unstable situation which
prevailed in most of Angola during much of the year, there is
little information available on the existence or extent of
discrimination on the basis of race, sex, religion, language or
social status. The number of .assault cases brought by women
before Angolan courts is reportedly increasing; however, there
is little information available on the extent of violence
against women in Angola.
Section 6 Worker Rights
a. The Right of Association
Until 1991 the sole legally recognized trade union organization
in GPRA-administered Angola was the National Union of Angolan
Workers (UNTA) , which was formed in the late 1950 's as an
appendage of the MPLA and became the ruling party's official
labor wing after Angolan independence in 1975. The monopoly
position of the UNTA was ensured by the statutory basis of the
single-union structure. Strikes were illegal and participation
in strikes punishable by compulsory labor.
The revised Constitution contains a provision recognizing the
right of Angolans to form trade unions and to participate in
trade union activities. New laws on unions and collective
bargaining have been prepared but have not yet been published.
By years 's end, there had been no formation of independent
labor unions as such. However, free labor activity increased
as individual factories and offices formed their own workers'
committees.
The revised Constitution also recognizes the right to strike.
Law No 23/91 of June 15, 1991 provides the detailed legal
framework for the right to strike, including a prohibition on
lockouts, a prohibition on worker occupation of employment
premises, and protection of nonstriking workers. Strikes by
certain workers, including military, police, prison workers and
firefighters are prohibited, and strike limitations are imposed
on workers in specific sectors affecting infrastructure and
national defense.
In fact, numerous strikes occurred before and after the
promulgation of the new laws. While there were reports of
scattered incidents of violence between strikers and police or
strikers and nonstr iking workers, there was no GPRA
interference with strikers in the capital, even in some cases
in which strikers did not rigorously follow the law.
b. The Right to Organize and Bargain Collectively
In 1991 the revised Constitution gave Angolan workers the right
to bargain collectively. As noted above, new laws on unions
and collective bargaining have been prepared (but not yet
published) which, inter alia, prohibit discrimination against
union members. The GPRA, through its Ministry of Labor and
Social Security, controls the process of setting wages and
benefits. Several significant salary increases were granted in
1991 as a result of negotiations following work stoppages.
There is no export processing zone.
c. Prohibition of Forced or Compulsory Labor
Previous GPRA legislation authorized compulsory labor for
breaches of labor discipline and participation in strikes. On
the basis of this legislation, the International Labor
Organization (ILO) in 1984 and 1990 cited the GPRA for
violations of ILO Convention 105, which the GPRA ratified in
1976. The new labor legislation prohibits forced labor.
d. Minimum Age for Employment of Children
In 1976 the GPRA ratified ILO Convention 6 governing night work
of young persons and Convention 7 regarding the minimum age for
employment at sea. The minimum age for employment of children
is 16.
e. Acceptable Conditions of Work
In 1991 the GPRA established a new minimum monthly wage. This
minimum wage by itself is not sufficient to support a family,
and many depend on informal sector trade to ensure a minimal
standard of living. According to a decree issued in 1982, the
normal workweek is limited to 44 hours. The workweek is
limited to 34 hours and 6 days a week for persons aged 14 to
16, and to 38 hours and 7 days a week for persons aged 16 to
18. This decree applies to all state institutions, to state,
semipublic, private, and cooperative undertakings, and to mass
and social organizations. No information is available on the
existence or adequacy of national occupational health and
safety standards nor on actual practice with respect to any
labor standards.
