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Table of Contents

  1. Preamble
  2. TITLE I. FUNDAMENTAL PRINCIPLES
  3. TITLE II. FUNDAMENTAL RIGHTS AND DUTIES
  4. CHAPTER I. GENERAL PRINCIPLES
  5. CHAPTER II. FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES
  6. SECTION I. INDIVIDUAL AND COLLECTIVE RIGHTS AND FREEDOMS
  7. SECTION II. GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS
  8. CHAPTER III. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES
  9. TITLE III. ECONOMIC, FINANCIAL AND FISCAL ORGANISATION
  10. CHAPTER I. GENERAL PRINCIPLES
  11. CHAPTER II. FINANCIAL AND FISCAL SYSTEM
  12. TITLE IV. ORGANISATION OF STATE POWER
  13. CHAPTER I. GENERAL PRINCIPLES
  14. CHAPTER II. EXECUTIVE POWER
  15. SECTION I. PRESIDENT OF THE REPUBLIC
  16. SECTION II. TERM OF OFFICE, INAUGURATION AND SUBSTITUTION
  17. SECTION III. RESPONSIBILITIES
  18. SECTION IV. LIABILITY, RESIGNATION AND VACANT OFFICE OF PRESIDENT OF THE REPUBLIC
  19. SECTION V. AUXILIARY BODIES SERVING THE PRESIDENT OF THE REPUBLIC
  20. SECTION VI. ACTS, INCOMPATIBILITIES AND LIABILITY OF MINISTERS OF STATE, MINISTERS, SECRETARIES OF STATE AND VICE-MINISTERS
  21. CHAPTER III. LEGISLATIVE POWER
  22. SECTION I. DEFINITION, STRUCTURE, COMPOSITION AND ELECTION
  23. SECTION II. STATUS OF MEMBERS
  24. SECTION III. ORGANISATION AND FUNCTIONING
  25. SECTION IV. COMPETENCE
  26. SECTION V. THE LEGISLATIVE PROCESS
  27. CHAPTER IV. THE JUDICIARY
  28. SECTION I. GENERAL PRINCIPLES
  29. SECTION II. THE COURTS
  30. SECTION III. PUBLIC PROSECUTORS' OFFICE
  31. SECTION IV. ESSENTIAL JUSTICE INSTITUTIONS
  32. TITLE V. PUBLIC ADMINISTRATION
  33. CHAPTER I. GENERAL PRINCIPLES
  34. CHAPTER II. NATIONAL SECURITY
  35. CHAPTER III. NATIONAL DEFENCE AND THE ARMED FORCES
  36. CHAPTER IV. GUARANTEE OF ORDER AND THE NATIONAL POLICE FORCE
  37. CHAPTER V. PRESERVATION OF STATE SECURITY
  38. TITLE VI. LOCAL GOVERNMENT
  39. CHAPTER I. GENERAL PRINCIPLES
  40. CHAPTER II. LOCAL AUTHORITIES
  41. CHAPTER III. INSTITUTIONS OF THE TRADITIONAL AUTHORITIES
  42. TITLE VII. GUARANTEES OF THE CONSTITUTION AND CONTROL OF CONSTITUTIONALITY
  43. CHAPTER I. REVIEW OF CONSTITUTIONALITY
  44. SECTION I. GENERAL PRINCIPLES
  45. SECTION II. ABSTRACT PRIOR REVIEW
  46. SECTION III. EX-POST ABSTRACT CONTROL
  47. CHAPTER II. REVISION OF THE CONSTITUTION
  48. TITLE VIII. FINAL AND TRANSITIONAL PROVISIONS
  49. ANNEX I. THE NATIONAL FLAG
  50. ANNEX II. THE NATIONAL INSIGNIA
  51. ANNEX III. THE NATIONAL ANTHEM

Constitution of Angola (2010)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

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3Preamble

4We, the people of Angola, through its lawful representatives, the legislators of the nation, freely elected in the parliamentary elections of September 2008;

5Aware that these elections are part of the long tradition of the struggle of the Angolan people to achieve their citizenship and independence, proclaimed on 11 November 1975, the date on which the first Constitutional Law in the history of Angola came into force, and courageously preserved through collective sacrifice in the defence of national sovereignty and the territorial integrity of the country;

6Having received, by the said popular vote and under the provision contained in Article 158 of the Constitutional Law of 1992, the noble and irrefusable mandate to proceed with the drawing up and approval of the Constitution of the Republic of Angola;

7Conscious of the immense importance and great value invested in the creation and adoption of the first and fundamental law of the state and of Angolan society;

8Noting that the Constitution of the Republic of Angola is linked to, and a direct part of, the long and enduring struggle of the Angolan people, first to resist colonial occupation, then to achieve the independence and the dignity of a sovereign state, and later to build a democratic state based on the rule of law and a just society in Angola;

9Invoking the memory of our ancestors and calling upon the wisdom of the lessons of our shared history, our centuries-old roots and the cultures that have enriched our unity;

10Inspired by the best lessons in African tradition - the essence of Angolan culture and identity;

11Armed with a culture of tolerance and profoundly committed to reconciliation, equality, justice and development;

12Having decided to build a society based on equal opportunities, commitment, fraternity and unity in diversity;

13Determined to build together a just and progressive society that respects life, equality, diversity and human dignity;

14Remembering that the present Constitution represents the culmination of the constitutional transition initiated in 1991, following the passing of Law no. 12/91 by the Assembly of the People, enshrining multi-party democracy, guarantees of the fundamental rights and freedoms of citizens and a market economy, changes extended later by Constitutional Revision Law no 23/92;

15Reaffirming our commitment to the values and fundamental principles of the independence, sovereignty and the unity of a democratic state based on the rule of law, pluralism of political expression and organisation, the separation and balance between the powers of bodies that exercise sovereign power, the market economy and respect and guarantees for fundamental human rights and freedoms, which constitute the essential pillars supporting and structuring this Constitution;

16Aware that a Constitution such as this, due to its shared values, principles and norms, is an important factor in national unity and a powerful driving force for the development of the state and society;

17Solemnly striving to strictly fulfil and respect this Constitution and hoping that this may serve as a model for the behaviour of citizens, political forces and the whole of Angolan society;

18Invoking and paying homage to the memory of all our heroes and each and every Angola man and woman who lost their lives in the defence of the fatherland;

19Faithful to the deepest wishes of the Angolan people for stability, dignity, liberty, development and the building of a modern, prosperous, inclusive, democratic and just country;

20Committed to providing a legacy for future generations and to the exercise of our sovereignty;

21We hereby pass this Constitution as the Supreme and Fundamental Law of the Republic of Angola.

22TITLE I. FUNDAMENTAL PRINCIPLES

23Article 1. (The Republic of Angola)

24Angola shall be a sovereign and independent Republic, based on the dignity of the individual and the will of the Angolan people, whose primary objective shall be to build a free, just, democratic, solidary society of peace, equality and social progress.

25Article 2. (Democratic state based on the rule of law)

261. The Republic of Angola shall be a democratic state based on the rule of law and on the sovereignty of the people, the primacy of the Constitution and the law, the separation of powers and the interdependence of functions, national unity, pluralism of political expression and organisation, and representative and participatory democracy.

272. The Republic of Angola shall promote and defend the basic human rights and freedoms of individuals and members of organised social groups and shall ensure respect for them and guarantee their implementation through the legislative, executive and judicial powers, their organs and institutions, and on the part of all individuals and corporate bodies.

28Article 3. (Sovereignty)

291. Single and indivisible sovereignty shall lie with the people, who shall exercise it through universal, free, equal, direct, secret and periodic suffrage in the various forms established in the Constitution, namely in order to choose their representatives.

302. The state shall exercise its sovereignty over all Angolan territory which, under the terms of this Constitution, the law and international law, includes its land, interior and territorial waters, air space, soil and sub-soil, seafloor and associated sea beds.

313. The state shall exercise jurisdiction and rights of sovereignty over the conservation, development and use of natural, biological and non-biological resources in the contiguous zone, the exclusive economic area and on the continental shelf, under the terms of the law and international law.

32Article 4. (Exercise of political power)

331. Political power shall be exercised by whoever legally obtains it through free democratic elections, under the terms of the Constitution and the law.

342. The appropriation and exercise of political power by violent means or by any other means not stipulated in, or conforming to, the Constitution shall be illegal and punishable as a crime.

35Article 5. (Territorial organisation)

361. The territory of the Republic of Angola shall be as historically defined by the geographical borders of Angola on 11 November 1975, the date of National Independence.

372. The provision contained in the previous point shall not compromise any additions that have been, or may come to be, established through international treaties.

383. For political and administrative purposes the Republic of Angola shall be organised territorially into provinces and, subsequently, municipalities. It may additionally be structured into communes and equivalent territorial divisions, under the terms of the Constitution and the law.

394. The definition of the limits and characteristics of territorial scales and their creation, modification or abolition within the context of political and administrative organisation, in addition to the organisation of territory for special purposes such as economic, military, statistical, ecological or similar purposes, shall be established by law.

405. The law shall establish the structure, designation and development of urban units and agglomerations.

416. Angolan territory shall be indivisible, inviolable and inalienable, and any action involving the breaking up or separation of its component parts shall be energetically resisted. No part of national territory or the rights of sovereignty which the state exerts over it may be transferred.

42Article 6. (Supremacy of the Constitution and legality)

431. The Constitution shall be the supreme law of the Republic of Angola.

442. The state shall be subject to the Constitution and shall be based on the rule of law, respecting the law and ensuring that the law is respected.

453. Laws, treaties and other acts of the state, local government bodies and public bodies in general shall only be valid if they conform to the Constitution.

46Article 7. (Custom)

47The validity and legal force of custom which does not contradict the Constitution and does not threaten human dignity shall be recognised.

48Article 8. (Unitary state)

49The Republic of Angola shall be a unitary state whose organisation shall respect the principles of the autonomy of the local organs of power and administrative devolution and decentralisation, under the terms of the Constitution and the law.

50Article 9. (Nationality)

511. Angolan nationality may be held by origin or acquired.

522. The child of a father or mother with Angolan nationality, born in Angola or abroad, shall be an Angolan citizen by origin.

533. A newborn child found in Angolan territory shall be presumed an Angolan citizen by origin.

544. No Angolan citizen by origin may be deprived of their original nationality.

555. The requirements for the acquisition, loss or re-acquisition of Angolan nationality shall be established by law.

56Article 10. (Secular state)

571. The Republic of Angola shall be a secular state and there shall be separation between state and church, under the terms of the law.

582. The state shall recognise and respect the different religious faiths, which shall be free to organise and exercise their activities, provided that they abide by the Constitution and the laws of the Republic of Angola.

593. The state shall protect churches and faiths and their places and objects of worship, provided that they do not threaten the Constitution and public order and abide by the Constitution and the law.

60Article 11. (Peace and national security)

611. The Republic of Angola shall be a nation dedicated to peace and progress and it shall be the duty of the state and the right and responsibility of all to guarantee peace and national security, respecting the Constitution and the law, in addition to international conventions.

622. Peace shall be based on the supremacy of the rule of law and legislation, with a view to ensuring the necessary conditions required for the stability and development of the country.

633. National security shall be based on the supremacy of the rule of law and legislation, development of the national security system and the strengthening of national will and shall guarantee to safeguard the state and ensure stability and development in the face of any threats or risks.

64Article 12. (International relations)

651. The Republic of Angola shall respect and implement the principles of the United Nations Charter and the Charter of the Organisation of African Unity and shall establish friendly and cooperative relations with all states and peoples on the basis of the following principles:

66 a.Respect for sovereignty and national independence;

67 b.Equality amongst states;

68 c.The rights of peoples to self-determination and independence;

69 d.Peaceful solutions to conflicts;

70 e.Respect for human rights;

71 f.Non-interference in the affairs of other states;

72 g.Reciprocal advantages;

73 h.Repudiating and combating terrorism, drugs trafficking, racism, corruption and people and human organ trafficking;

74 i.Cooperation with all peoples for peace, justice and progress.

752. The Republic of Angola shall defend the abolition of all forms of colonialism, aggression, oppression, domination and exploitation in relations between peoples.

763. The Republic of Angola shall strive to reinforce African identity and strengthen the work of the African states in enhancing the cultural heritage of the African peoples.

774. The Angolan state shall not permit foreign military bases to be established in its territory, notwithstanding its involvement, within the context of regional or international organisations, in peace-keeping forces and military cooperation and collective security systems.

78Article 13. (International law)

791. General or common international law received under the terms of this Constitution shall form an integral part of the Angolan legal system.

802. Duly approved or ratified international treaties and agreements shall come into force in the Angolan legal system after they have been officially published and have entered into force in the international legal system, for as long as they are internationally binding upon the Angolan state.

81Article 14. (Private property and free initiative)

82The state shall respect and protect the private property of individuals and corporate bodies and free economic and entrepreneurial initiatives exercised within the terms of the Constitution and the law.

83Article 15. (Land)

841. Land, which is by origin the property of the state, may be transferred to individuals or corporate bodies, with a view to its rational and full use, under the terms of the Constitution and the law.

852. Access to and use of land by local communities shall be recognised by law.

863. The provisions contained in the previous points do not compromise the possibility of expropriation for public use, with just compensation, under the terms of the law.

87Article 16. (Natural resources)

88The solid, liquid and gaseous natural resources existing in the soil and subsoil, in territorial waters, in the exclusive economic zone and in the continental shelf under the jurisdiction of Angola shall be the property of the state, which shall determine the conditions for concessions, surveys and exploitation, under the terms of the Constitution, the law and international law.

89Article 17. (Political parties)

901. Within the framework of the Constitution and the law, political parties shall compete on the basis of a project for society and a political programme for the organisation and expression of the will of citizens, participating in political life and universal suffrage by democratic and peaceful means and respecting the principles of national independence, national unity and political democracy.

912. The constitution and functioning of political parties must, in accordance with law, respect the following fundamental principles:

92 a.National character and scope;

93 b.Free constitution;

94 c.The public pursuance of aims;

95 d.Freedom of affiliation and single affiliation;

96 e.The use of peaceful means only to pursue aims and a ban on the creation or use of military, paramilitary or militarised organisations;

97 f.Democratic organization and functioning;

98 g.Minimum representation, as established by law;

99 h.A ban on receiving monetary and economic contributions from foreign governments and government institutions;

100 i.The rendering of accounts for the use of public funds.

1013. Through their objectives, programmes and activities, political parties must contribute towards:

102 a.The consolidation of the Angolan nation and national independence;

103 b.Safeguarding territorial integrity;

104 c.Reinforcing national unity;

105 d.The defence of national sovereignty and democracy;

106 e.The protection of fundamental freedoms and human rights;

107 f.The defence of the republican nature of the government and the secular nature of the state.

1084. Political parties shall be entitled to equal treatment by entities exercising political power, impartial treatment by the state press and the right to exercise democratic opposition, under the terms of the Constitution and the law.

109Article 18. (National symbols)

1101. The national symbols of the Republic of Angola shall be the national flag, the national insignia and the national anthem.

1112. The national flag, national insignia and national anthem, symbols of national sovereignty and independence and of the unity and integrity of the Republic of Angola, are those adopted at the time of the proclamation of national independence on 11 November 1975 and are as described in Annexes I, II and III of this Constitution.

1123. The technical specifications and provisions concerning deference and the use of the national flag, national insignia and national anthem shall be established by law.

113Article 19. (Languages)

1141. The official language of the Republic of Angola is Portuguese.

1152. The state shall value and promote the study, teaching and use of other Angolan languages, in addition to the main international languages of communication.

116Article 20. (Capital of the Republic of Angola)

117The capital of the Republic of Angola is Luanda.

118Article 21. (Fundamental tasks of the state)

119The fundamental tasks of the Angolan state shall be:

120 a.To guarantee national independence, territorial integrity and national sovereignty;

121 b.To ensure fundamental rights, freedoms and guarantees;

122 c.To gradually create the necessary conditions required to effectively implement the economic, social and cultural rights of citizens;

123 d.To promote the well-being, social solidarity and improved quality of life for the people of Angola, specifically amongst the most deprived groups of the population;

124 e.To promote the eradication of poverty;

125 f.To promote policies that will make primary health care universal and free;

126 g.To promote policies that will ensure universal access to compulsory free education under the terms defined by law;

127 h.To promote equal rights and opportunities between Angolans, regardless of origins, race, party affiliations, sex, colour, age or any other form of discrimination;

128 i.To make strategic, large-scale, permanent investments in human capital, with particular emphasis on the full development of children and young people, as well as in education, health care, the primary and secondary economy and other sectors that structure self-sustainable development;

129 j.To ensure peace and national security;

130 k.To promote equality between men and women;

131 l.To defend democracy and ensure and foster the democratic participation of citizens and civil society in the resolution of national problems;

132 m.To promote harmonious and sustainable development throughout national territory, protecting the environment, natural resources and the historic, cultural and artistic heritage of the nation;

133 n.To protect, value and dignify Angolan languages of African origin, as part of the cultural heritage, and to promote their development, as living languages which reflect national identity;

134 o.To promote sustained improvements to Angolan human development indexes;

135 p.To promote excellence, quality, innovation, entrepreneurialism, efficiency and modernity in the performance of citizens, institutions, companies and services in various aspects of their lives and in the various sectors of activity;

136 q.Other tasks as prescribed in the Constitution and by law.

137TITLE II. FUNDAMENTAL RIGHTS AND DUTIES

138CHAPTER I. GENERAL PRINCIPLES

139Article 22. (Principle of universality)

1401. Everyone shall enjoy the rights, freedoms and guarantees enshrined in the Constitution and shall be subject to the duties established in the Constitution and the law.

1412. Angolan citizens residing or finding themselves abroad shall enjoy the rights, freedoms and guarantees and the protection of the state and shall be subject to the duties established in the Constitution and the law.

1423. Everyone shall have duties with regard to the family, society, the state and other legally recognised institutions, in particular:

143 a.To respect the rights, freedoms and property of others, morals, acceptable behaviour and the common good;

144 b.To respect and be considerate of others without discrimination of any kind and to maintain relations that promote, safeguard and reinforce mutual respect and tolerance.

145Article 23. (Principle of equality)

1461. Everyone shall be equal under the Constitution and by law.

1472. No-one may be discriminated against, privileged, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, ethnicity, colour, disability, language, place of birth, religion, political, ideological or philosophical beliefs, level of education or economic, social or professional status.

148Article 24. (Age of majority)

149The age of majority shall be 18.

150Article 25. (Foreigners and stateless persons)

1511. Foreigners and stateless persons shall enjoy fundamental rights, freedoms and guarantees and the protection of the state.

1522. The following are forbidden to foreigners and stateless persons:

153 a.Holding office in bodies that exercise sovereign power;

154 b.Electoral rights, under the terms of the law;

155 c.Founding or serving in political parties;

156 d.Entitlements to participation in politics, as stipulated by law;

157 e.Access to a diplomatic career;

158 f.Entry into the armed forces, the national police force and the intelligence and security organisations;

159 g.Direct state administrative functions, under the terms of the law;

160 h.Any other rights and duties reserved exclusively for Angolan citizens under the Constitution and the law.

1613. Rights not conferred on foreigners may be granted to citizens of regional or cultural communities to which Angola may belong or be associated with, through international conventions and on the basis of reciprocity, with the exception of the right to vote and stand for election to bodies that exercise sovereign power.

162Article 26. (Scope of fundamental rights)

1631. The fundamental rights established in this Constitution shall not exclude others contained in the laws and applicable rules of international law.

1642. Constitutional and legal precepts relating to fundamental rights must be interpreted and incorporated in accordance with the Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and international treaties on the subject ratified by the Republic of Angola.

1653. In any consideration by the Angolan courts of disputes concerning fundamental rights , the international instruments referred to in the previous point shall be applied, even if not invoked by the parties concerned.

166Article 27. (Rules governing rights, freedoms and guarantees)

167The principles set out in this chapter shall apply to the rights, freedoms and guarantees and to fundamental rights of a similar nature that are established in the Constitution or are enshrined in law or international conventions.

168Article 28. (Legal force)

1691. The constitutional principles regarding fundamental rights, freedoms and guarantees are directly applicable to, and binding upon, all public and private entities.

1702. The state must adopt legislative initiatives and other appropriate measures to ensure the gradual and effective realisation of economic, social and cultural rights, in accordance with the available resources.

171Article 29. (Access to law and effective judicial protection)

1721. Everyone shall be ensured access to the law and the courts in order to defend their legally protected rights and interests, and justice shall not be denied to anyone due to a lack of financial means.

1732. Under the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority.

1743. The law shall define and ensure adequate protection for the secrecy of legal proceedings.

1754. Everyone shall have the right to secure a ruling in any suit to which he is a party within a reasonable period of time and by means of a fair process.

1765. For the purpose of safeguarding personal rights, freedoms and guarantees, the law shall ensure citizens judicial proceedings that are characterised by swiftness and given priority, in order to secure effective and timely judicial protection against any threats or violations of these rights.

177CHAPTER II. FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

178SECTION I. INDIVIDUAL AND COLLECTIVE RIGHTS AND FREEDOMS

179Article 30. (Right to life)

180The state shall respect and protect human life, which is inviolable.

181Article 31. (Right to personal integrity)

1821. The moral, intellectual and physical integrity of individuals shall be inviolable.

1832. The state shall respect and protect the human person and human dignity.

184Article 32. (Right to identity and privacy)

1851. The right to personal identity, civil capacity, nationality, a good name and reputation, likeness, free speech, and privacy in personal and family life shall be recognised for all.

1862. The law shall establish effective guarantees against the procurement and use of information relating to individuals and families in a manner which is abusive or offends against human dignity.

187Article 33. (Inviolability of the home)

1881. The home shall be inviolable.

1892. No-one may enter or carry out a search or seizure in the home of any individual without their consent, except in situations prescribed under the Constitution and in law and when provided with a warrant from the appropriate authority issued for legally prescribed cases in the legally prescribed manner, in the case of flagrante delito or in emergency situations in order to provide assistance.

1903. The law shall establish the cases in which the appropriate authority may order the entry, search and seizure of property, documents or other objects in the home.

191Article 34. (Inviolability of correspondence and communications)

1921. The secrecy of correspondence and other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable.

1932. Interference by the public authorities in private correspondence and other means of private communication shall only be permitted by means of a ruling by the appropriate judicial authority under the terms of the law.

194Article 35. (Family, marriage and filiation)

1951. The family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a defacto union between a man and a woman.

1962. Everyone shall have the right to freely found a family under the terms of the Constitution and the law.

1973. Men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties.

1984. The law shall regulate the requirements for, and the effects of, marriage and defacto union, as well their dissolution.

1995. Children shall be equal before the law and any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited.

2006. It shall be an absolute priority of the family, the state and society to protect the rights of the child, namely their full and balanced upbringing, health care, education and living conditions .

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