- Monahulo Pereira de Sousa
- BSocSciHons Development Studies
1. Population Indicators
1.1 What is the total population of Angola?
According to the definitive results of the national population and housing census conducted in 2014 by the National Institute of Statistics (INE) the total population of Angola was 25.789,024.[1]'[2]
1.2 Describe the methodology used to obtain the statistical data on the prevalence of disability in Angola. What criteria are used to determine who falls within the class of persons with disabilities in Angola?
Statistics conducted by the INE on the general population and housing were used to obtain data on the prevalence of disabilities in Angola. The INE is the body responsible for providing statistics on the prevalence of persons with disability in Angola. The data was obtained through scientific data collection where enumerators went from house to house asking questions related to household characteristics, education, sex, age, disability, housing amenities, etc. The criteria used to determine who falls within the class of persons with disabilities in Angola was based on the United Nations Convention on the Rights of Persons with Disabilities, which states that a person is considered to have a disability if he or she has physical, intellectual or sensory impairments which, in interaction with various barriers, may obstruct their full and effective participation in society as other persons.[3]
1.3 What is the total number and percentage of persons with disabilities in Angola?
Based on statistics from the 2014 census the total number of persons with disability in Angola is estimated to be 656 258 of Angola’s 25.789,024 people who have taken part of the national census, which represents 2,5% of the total population in the country.[4]
1.4 What is the total number and percentage of women with disabilities in Angola?
According to statistics obtained the total number of women with disabilities in Angola is 290 400 which constitutes 44% of the total number of persons with disability in Angola.[5]
1.5 What is the total number and percentage of children with disabilities in Angola?
According to the statistics obtained by the INE the number of children disability in Angola between the ages of 0-4 years is 50 786 which represents 7,7% of the total number of persons with disability. The number of children living with disability between the ages of 5-14 years is 113 325 which represents 17,3% of the total number of persons with disability in Angola.[6]
1.6 What are the most prevalent forms of disability and/or peculiarities to disability in Angola?
According to statistics obtained from the INE motor deficiency is the most representative with a prevalence of 32.3%, followed by sensory impairment with 19% and mental deficiency with 13.6%.[7]
2. Angola’s international obligations
2.1 What is the status of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in Angola? Did Angola sign and ratify the CRPD? Provide the date(s).
The Angolan State reaffirmed its commitment to the protection and promotion of the human rights by approving and signing the Convention on the Rights of Persons with Disabilities (CPRD) of 11 December 2006 and its Additional Protocol by means of resolution 1/13 of 11 January of the National Assembly on the 19 May 2014.[8]
2.2 If Angola has signed and ratified the CRPD, when was its country report due? Which government department is responsible for submission of the report? Did Angola submit its report? If so, and if the report has been considered, indicate if there was a domestic effect of this reporting process. If not, what reasons does the relevant government department give for the delay?
The initial country report was submitted to the Committee on the Rights of Persons with Disabilities on the 19 May 2016, in accordance with article 35 of the CRPD which gives a maximum of two years after entry into force of the present Convention for the State Party concerned. The preparation of this initial report was carried out by the Ministry of Justice and Human Rights’ Intersectoral Commission for the Preparation of National Reports on Human Rights (CIERNDH) and in co-ordination with the Office of the Presidency. The report covers the period 2014-2016 and the process of its elaboration included the participation of civil society through direct participation with one-off and indirect contributions through discussions at provincial-level seminars, national workshops and round tables. The findings of the report were presented during the tenth session of the Conference of States Parties to the Convention on the Rights of Persons with Disabilities was held at United Nations Headquarters in New York from 13 to 15 June 2017.[9]
2.3 While reporting under various other United Nations instruments, under the African Charter on Human and Peoples’ Rights, or the African Charter on the Rights and Welfare of the Child, did Angola also report specifically on the rights of persons with disabilities in its most recent reports? If so, were relevant ‘concluding observations’ adopted? If relevant, were these observations given effect to? Was mention made of disability rights in your state’s UN Universal Periodic Review (UPR)? If so, what was the effect of these observations/recommendations?
Angola submitted its first UN Universal Periodic Review (UPR) on the 12 of February 2010 and the same was considered by the working group on UPR between 8 and 19 February 2010. This report is being presented in accordance with the United Nations General Assembly resolution No. 60/251 (para. 5, (e)) of 3 April 2006, which established the Human Rights Council. The report covers the period from 2002 to 2009 and ought to be considered together with reports already presented by the Republic of Angola to the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child and the Committee on Women’s Rights.[10]
The report mentioned disability rights in section (2) Civil and Political Rights, under the caption ‘Right to non-discrimination’ as well as section (3) Economic, social and cultural rights, under the caption ‘Protection of families and vulnerable groups.’ It indicated that under public policy, persons with disabilities benefit from special services, especially targeting physical rehabilitation, schooling, vocational technical training, work orientation and psychosocial counselling aimed at reinsertion in the community without discrimination or stigmatization.[11]
The outcome of the review by the Working Group on the Universal Periodic Review made the following observations & Recommendations;
- Brazil’s and Iraq recommended that Angola should accede to the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of Persons with Disabilities;
- Mexico asked for further information about the progress made in the reform of the criminal code and about measures taken to eliminate discrimination against minors with disabilities and to prohibit corporal punishment and the trafficking in minors, and measures aimed at the registration of children at birth;
- Côte d’Ivoire also encouraged Angola to continue and step up its special education programmes for persons with disabilities, in order to improve their living conditions;
- Czech Republic recommended Angola to take legislative measures to explicitly prohibit all forms of discrimination, in particular against children with disabilities, girls and children belonging to the San communities, and to effectively protect children accused of witchcraft;
- Syrian Arab Republic recommended Angola to consolidate its plans for peace, stability and reconstruction, and to accelerate the implementation of its programmes for persons with disabilities so as to guarantee their physical, social and economic rehabilitation and the enjoyment of their other fundamental rights.[12]
Since Angola’s first UPR review, the government has been taking several initiatives to strengthen the participation and contribution of persons with disabilities in public, cultural and economic areas, as well as reinforcing the protection and promotion of the rights of persons with disability, including the adoption of the National Policy for Persons with Disabilities, the Strategy for the Promotion and Protection of Rights of Persons with Disabilities and the National Council for the Protection of the Persons with Disabilities (CNAPED) which is the multi-sectorial body in charge to monitor the implementation of the policies adopted.[13]
Other legal instruments have already come into effect that guarantee protection under equal circumstances between persons with disabilities and others without disabilities, as indicated in Law No. 21/12 of 30 July, Law No. 6/98 of 7 August, Law No. 07/04 of 15 October, Executive Order No. 105/12 of 1 June, and Decree No. 21/82 of 22 April. The implementation of these legal instruments is bolstered by the implementation of the Strategy to Protect Persons with Disabilities and the accompanying National Policy, adopted by Executive Orders No. 237/11 and 238/11 of 30 August, respectively; Executive Order No. 4/03 regulates the duties of the institution in charge of awarding monetary compensation to citizens with disabilities and permanent incapacities to perform any work-related activity and that are not covered by any other social assistance arrangement, and who do not have their own financial resources, in compliance with Law No. 6/98 of 7 August.[14]
Angola’s second UPR report was reviewed on October 2014, and the outcome of the review by the Working Group on the Universal Periodic Review, the following commendations & recommendations were made:
- The Bolivarian Republic of Venezuela commended the progress made by Angola on the implementation of recommendations from the first UPR cycle, ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and reforms to basic education;
- Brazil commended the progress made by Angola towards ratifying CAT and OPCAT, but was concerned that some challenges still remained, particularly regarding persons with disabilities;
- Lesotho commended the country’s achievement in realizing the right to education, enacting the Protection and Full Development of the Child Act of 2012 and establishing the National Council for Persons with Disabilities;
- Singapore noted the incorporation of international instruments into the Constitution and national legislation, and efforts regarding the rights of persons with disabilities, including the ratification of CRPD;
- Israel encouraged to further strengthen its activities undertaken to combat discrimination, in particular with regard to children with disabilities, children with HIV/AIDS and San children as well as to continue the development of programs that aim to incorporate the participation and contribution of persons with disabilities in society;
- Djibouti encouraged to promote and protect the rights of vulnerable persons including persons with disabilities;
- Kuwait encouraged to continue in its efforts to help persons with disabilities and integrate them into society as real partners;
- Singapore encouraged to continue its efforts to create an inclusive society for persons with disabilities through the National Council for the Protection of Persons with Disabilities which monitors the implementation of the policies.[15]
2.4 Was there any domestic effect on Angola’s legal system after ratifying the international or regional instruments in 2.3 above? Does the international or regional instrument that has been ratified require Angola’s legislature to incorporate it into the legal system before the instrument can have force in Angola’s domestic law? Have Angola’s courts ever considered this question? If so, cite the case(s).
The approval of the Constitution in February 2010 which fully guarantees individual and collective rights and freedoms, and prohibits direct and indirect discrimination in any form. Under Article 26 (3) the Angolan Courts must apply international legal instruments, and notably the Universal Declaration of 2 Human Rights, the African Charter on Human and Peoples’ Rights, and other Treaties to which Angola has acceded.
- The Justice sector is undergoing a broad reform process, aimed at strengthening legal mechanisms in order to improve the access of people to the Justice System and improving national legislation by bringing it into line with international legal instruments on human rights.
- Angola has strengthened the presence of the Ombudsman at the National level in all 18 provinces of its territory and integrated human rights principles into the national education curricula.[16]
2.5 With reference to 2.4 above, has the CRPD or any other ratified international instrument been domesticated? Provide details.
Since Angola’s first UPR review, the Government has signed and ratified the following International instruments on human rights:
- Convention on the Rights of Persons with Disabilities and its optional protocol;
- United Nations Convention against Transnational Organised Crime and its additional protocols, specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air (Palermo Protocols).[17]
Ratified but not signed;
- Additional protocol to the International Covenant on Civil and Political Rights, on the Abolition of the Death Penalty;
- Convention on the Elimination of All Forms of Racial Discrimination;
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its optional protocol;
- International Convention for the Protection of All Persons from Enforced Disappearance;
- Optional protocol to the International Covenant on Economic, Social and Cultural Rights.[18]
3. Constitution
3.1 Does the Constitution of Angola contain provisions that directly address disability? If so, list the provisions, and explain how each provision addresses disability.
- Article 23 (2) of the Constitution of Angola states that 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.
- Article 77 (1) of the Constitution of Angola states that the state shall promote and guarantee the measures needed to ensure the universal right to medical and health care, as well as the right to child care and maternity care, care in illness, disability, old age and in situations in which they are unable to work, in accordance with the law.
- Article 80 (3) of the Constitution of Angola states that the state shall ensure special protection for children who are orphaned, disabled, abandoned or in any way deprived of a normal family environment.
- Article 83 (1) of the Constitution of Angola states that persons with disability shall fully enjoy the rights and be subject to the duties enshrined in the Constitution, without prejudice to any restrictions on the exercise or fulfilment of rights and duties they are unable, or not fully able, to enjoy or carry out. (2) The state shall adopt a national policy for the prevention of disability, the treatment, rehabilitation and integration of persons with disability, the provision of support for their families and the removal of obstacles to mobility. (3) The state shall adopt policies aimed at raising the awareness of society with regard to the duties of inclusion, respect and solidarity towards persons with disability. (4) The state shall foster and support special education and technical and vocational training for persons with disability.
- Article 84 (1) of the Constitution of Angola states that combatants of the national independence struggle, the country’s veterans, those disabled during the course of military or paramilitary service and the minor children and surviving spouses of combatants killed in action, shall enjoy a special status and the protection of the state and society, under the terms of the Constitution and the law. (2) The state shall be responsible for promoting policies to ensure the social, economic and cultural integration of the citizens referred to in the previous point, as well as protecting, honouring and preserving the historic achievements in which they played a leading role.[19]
3.2 Does the Constitution of Angola contain provisions that indirectly address disability? If so, list the provisions and explain how each provision indirectly addresses disability.
- Article 21 (d) of the Constitution of Angola states that State shall 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.
- Article 23 (1) of the Constitution of Angola states that everyone shall be equal under the Constitution and by law.
- Article 31 (1) of the Constitution of Angola states that the moral, intellectual and physical integrity of individuals shall be inviolable. (2) The state shall respect and protect the human person and human dignity.
- Article 54 (2) of the Constitution of Angola states that the right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution.[20]
4. Legislation
4.1 Does Angola have legislation that directly addresses issues relating to disability? If so, list the legislation and explain how the legislation addresses disability.
Law No. 10/16, of 27 July 2016
The Accessibility Law establishes the general norms, conditions and criteria for persons with disabilities. It also obliges television channels to have sign language interpreters and traffic lights to operate with beep sound to help people with visual impairments.[21]
Presidential Decree No. 12/16 of 15 January 2016
This law establishes a new regulation regarding the reservation of vacancies and procedures for the hiring of persons with disabilities. It requires that public and private institutions with a minimum of 10 employees must maintain a reserve of job vacancies for persons with disabilities with a degree of incapacity equal to or greater than 60%. Vacancies should be reserved at the rate of 4% for the public sector and 2% for the private sector.[22]
Presidential Decree No. 207/14, of 15 August 2014
It approves the Intervention Strategy for Social Inclusion of Children with Disabilities which aims to guarantee the conditions of development of children with changes in their functions or physical structure that limit their personal and social growth. The Intervention Strategy for Social Inclusion of Children with Disabilities is based on five axes: early intervention, rehabilitation and habilitation, special education, social work and accessibility. The strategy is aimed at children from zero to six years. The responsibility for implementation falls under the departments of Health, Education, Family and Social Reintegration.[23]
Law No. 21/12, of 30 July 2012
The Person with Disabilities Law establishes the legal regime for the prevention, rehabilitation and participation of persons with disabilities in social life. This law applies to all individuals and legal entities, public and private.[24]
Law No. 25/12 of 22 August 2012
This law defines the legal rules and principles of protection and integral development of children, aimed at strengthening and harmonizing legal and institutional instruments to ensure that the rights of children are protected and aimed at extending and promoting the rights of children.
Presidential Decree 105/12, of 1 June 2012
By Presidential Decree 105/12 of June 1 and in compliance with the provisions of article 2 of the Policy for Persons with Disabilities and paragraph 34 of the Strategy for the Protection of Persons with Disabilities, the National Council of Persons with Disabilities (CNAPED), and its regulations were created. The CNAPED serves as a consultative body for the execution of the tasks established by national policy.[25]
Presidential Decrees 237/11 and 238/11, of 30 August 2011
The Executive approved Presidential Decrees 237/11 and 238/11, of 30 August, on the Policy for Persons with Disabilities and the Strategy for the Protection of Persons with Disabilities, respectively, to make the state's intervention more tangible and better intertwined with the different ministerial departments and social partners involved in this vulnerable group of the population. In addition, the Policy for the Person with Disabilities Presidential Decree No. 237/11 of 30 August, serves to implement a set of objectives, principles and guiding principles of the actions to be undertaken by the different public bodies and private entities, communities, families, representative organizations of persons with disabilities and general society, aiming at social promotion and integration.
Decree Law No. 2/08 of 28 February 2008
This law grants government scholarships for students with disabilities with good academic performance.
Basic Law on Social Protection No. 7/04 of 15 October 2004
This law No. 7/04, of October 15 2004, approves the Basic Law on Social Protection. It came into force in January 2004 and is applicable to a segment of the population that has no means of subsistence, including families, women, children and young people, the elderly, persons with disability or the unemployed, those who are in a situation of severe poverty, exclusion, and risk of marginalization or dependent on others.
Law No. 13/02, of 15 October 2002
Law No. 13/02, of 15 October 2002 was approved to protect former combatant and the war-disabled. This law states that the former combatant and war-disabled must enjoy special protection against dismissal under existing legislation, while without prejudice to other legislation, the employer must organize the working hours of the war-disabled, taking into account his or her degree of incapacity. He or she cannot be required to provide an extraordinary or nocturnal service. In addition, the former combatant, the war-disabled, the descendant of a fallen or dead combatant who suffers from physical or mental disability, which causes a reduction of more than 30% of their earning capacity, are entitled to a lifetime pension of the combatant who has fallen or died or unable to work or is over 50 years of age.
Law No. 13/01, of 31 December 2001
Basic Law of the Education System is the framework law on the education system. It establishes the national education plan as part of its objective to better produce an environment which makes it easier for persons with disabilities to receive education. This law recognises sign language as a teaching language for hearing impaired individuals.
Law no. 6/98, of 7 August 1998
This law approves a subsidy for the benefit of persons with disability. The subsidy is extended to who require personal care and/or mobility needs as a result of a mental or physical disability.
Decree no. 6-E/91, of 9 March 1991
This law established the National Rehabilitation Institute (INR), which is government body responsible for the development of a national policy for the rehabilitation of persons with disabilities. Its duties include planning, coordinating and controlling all projects relating to rehabilitation.[26]
4.2 Does Angola have legislation that indirectly addresses issues relating to disability? If so, list the main legislation and explain how the legislation relates to disability.
Presidential Decree No. 1/10 of 5 March 2010
This law established the Secretary of State for Human Rights (SEDH) has the objective of promoting and protecting the human rights of people in Angola. The secretariat, driven by a secretary of state, has the mission of formulating and executing policies which promote and protect human rights.
Special Education law Decree No. 56/79 of October 1979
The special education law was introduced in October 1979. This law, provided for the indispensable minimum conditions to be created, thus enabling the Special Education schools to be put into operation.[27]
5. Decisions of courts and tribunals
5.1 Have the courts (or tribunals) in Angola ever decided on an issue(s) relating to disability? If so, list the cases and provide a summary for each of the cases with the facts, the decision(s) and the reasoning.
No data is available on the decisions made by the judiciary in Angola in respect of an issue or issues relating to disability. This is so mainly because of the fact that case law does not generally play a particularly strong role in the formation of Angolan law. Furthermore, the Supreme Court (Tribunal Supremo) and the courts in Angola do not generally report cases.
6. Policies and programmes
6.1 Does Angola have policies or programmes that directly address disability? If so, list each policy and explain how the policy addresses disability.
National Plan for Integrated Actions on Disability (PNAID) 2013 – 2017
PNAID 2013 – 2017 aims to promote the implementation of a series of policies in the Disability Policy in the Strategy for the Protection of Persons with Disabilities, in accordance with the Constitution of the Republic of Angola.
Come With Me Project
Created the Integrated Disability Service Centres across the country so that carpenters with disability, locksmiths, electricians, shoemakers or tailors can work in these centers. Furthermore it helped to create agro-livestock cooperatives to help the persons with disability in their integration into the productive process.[28]
6.2 Does Angola have policies and programmes that indirectly address disability? If so, list each policy and describe how the policy indirectly addresses disability.
Social support program
The Program of social support as a social protection measure regulates the modalities of granting benefits to people in situations of vulnerability, materializes through different subprograms and projects, described below:
- Sub- food and non-food assistance programs for people in need and vulnerable;
- Assistance to the populations affected by accidents and calamities;
- Sub-social support program for families with children affected and infected by HIV / AIDS;
- Measure of criminal prevention of minors in conflict with the Law;
- Protection and assistance to refugees;
- Transportation and technical aids for persons with disabilities.
The National Action Plan for Education for All (PAN/EPT 2001-2015)
It aimed at ensuring all children have access to basic and compulsory education.
Program for the protection and promotion of the rights of the child
It is one of the strategic development policy and action programme focused on promoting and protecting the welfare of the children through social intervention models. This programme is also aimed at, among others, implementing the intervention strategy for the social inclusion of children with disabilities.
7. Disability bodies
7.1 Other than the ordinary courts and tribunals, does Angola have any official body that specifically addresses violations of the rights of persons with disabilities? If so, describe the body, its functions and its powers.
National Council of Persons with Disability (CNAPED)
The CNAPED is the consultative body for the implementation of the tasks set out in the policy for persons with disabilities, with legal personality, financial and administrative autonomy, which is governed by its own regulations. Among the most important attributions of the CNAPED are: Elaborate the National Plan of Integrated Actions on Disability (PNAID), in agreement with the plans and executives of executives in process of social integration of the person with disability, as well as those responsible for the effective implementation of the policy for persons with disability. CNAPED must also monitor the actions at the provincial level.
National Rehabilitation Institute (INR)
INR is an Angolan government agency whose objective is to be the instrument for the development of a national policy for the rehabilitation of persons with disabilities, based on planning, coordination and control of actions in this field.
National Council for Social Action (CNACS)
The CNACS is the body responsible for social consultation and follow-up of public policies to promote and defend the rights of children, persons with disabilities and others vulnerable groups.
Other than the ordinary courts or tribunals, does Angola have any official body that though not established to specifically address violations of the rights of persons with disabilities, can nonetheless do so? If so, describe the body, its functions and its powers.
Ministry of Social Action, Family and Women Promotion (MASFAMU)
The MASFAMU is the auxiliary Ministerial Department of the executive branch. According to its principles, objectives and priorities, it has the mission of designing, proposing and implementing social protection policy of the most vulnerable groups of the population, combating poverty, as well as defend the well-being of family, the promotion of women, and the development of communities and the guarantee of women's rights, gender equality and equity.
The Ministry of Social Assistance and Reintegration (MINARS)
MINARS is the Ministerial department responsible for directing and coordinating the implementation of social policy on the most vulnerable groups of the population, guaranteeing their rights and promoting their development through measures that report the implementation of basic social policies for reinsertion and social assistance.
National Institute of Social Security (INSS)
The INSS is the body responsible for providing social security to those who have suffered reduced income as a result of disability, sickness, maternity, accidents at work and unemployment, old age, and death to members of society.
8. National human rights institutions, Human Rights Commission, Ombudsman or Public Protector
8.1 Does Angola have a Human Rights Commission, an Ombudsman or Public Protector? If so, does its remit include the promotion and protection of the rights of persons with disabilities? If your answer is yes, also indicate whether the Human Rights Commission, the Ombudsman or Public Protector of Angola has ever addressed issues relating to the rights of persons with disabilities.
Angola has an office of the Ombudsman established in terms of article 192 of the Constitution. The Ombudsman and Deputy Ombudsman are elected by the National Assembly on the decision of two-thirds of members in full exercise of their office.
Article 192(4) of the Angolan Constitution provides that citizens and corporate bodies may present the Ombudsman with complaints concerning acts or omissions by public authorities, which they shall consider, with no powers of decision, submitting the necessary recommendations for the prevention and remedying of injustices to the appropriate bodies.
Furthermore, article 192(5) goes on to state that the activity of the Ombudsman shall be independent of the means for ruling on appeals or disputes provided for in the Constitution and the law. Angola also has an office of the public prosecutor, established by section 3, article 185 of the Angolan Constitution.
Under article 186 of the Constitution, the public protector is responsible for representing the state, defending democratic legality and the interests defined by law, promoting the penal procedure and conducting penal actions, under the terms of the law.[29]
Presidential Decree 1/10, of 5 March 2010 establishes a Secretariat of State for Human Rights (SEDH). The SEDH has the mission of formulating, executing and evaluating the policies of the Angolan state with regard to the promotion and protection of human rights in terms of the Angolan Constitution and international conventions.[30]
9. Disabled People's Organisations (DPOs) and other civil society organisations
9.1 Does Angola have organisations that represent and advocate for the rights and welfare of persons with disabilities? If so, list each organisation and describe its activities.
Angolan Federation of Disabled Persons (FAPED)
FAPED is the umbrella body representing organisation working within the area of disability rights in Angola. It aims to coordinate the actions of its members with the Angolan government in developing policy pertaining to the issue of disability and include them in the national development agenda.[31]
National Association of Persons with Disability of Angola (ANDA)
ANDA is responsible for the social integration and the protection of the rights of persons with disabilities at national and international level. Their main objective is to assist and we encourage persons with disability to raise their quality of life by developing and using their physical and mental faculties through studies, work, and practice of sports.
League for Support to the Reintegration of the Disabled (LARDEF)
LARDEF is an organisation whose objectives include social solidarity action and economic integration of persons with disability in Angola.
National Association of the Deaf of Angola (ANSA)
ANSA is the national association responsible for the promotion and protection of the rights of people with hearing impairment.
Lwini Foundation
The Lwini foundation promotes advocacy, mobilization and awareness-raising activities for persons with disability and their families and society in general.
The Mosaiko Institute for Citizenship
The Mosaiko Institute for Citizenship is a non-profit Angolan Institute that aims to contribute to a culture of Human Rights in Angola. Founded in 1997 by the Dominican Missionaries (Order of Preachers - Catholic Church), it was the first Angolan institution to explicitly assume, as a mission, the promotion of Human Rights in Angola.[32]
Despite little information on their activities, the following organisations also advocate for the rights and welfare of persons with disabilities;
- Angolan Association of the Disabled ex-military (AMMIGA)
- Organization to Support Children with Disabilities (TCHIWA)
- National Association for the Visually Impaired (ANADEV)
- Cultural League of Disabled People in Angola (LICULDA)
- Humanitarian Action for Development of the Physically Disabled on the Army Forces (AHDFA)
- Angolan Association of Blind People in the War (AACAG)
- Association of Parents and Friends of the Mentally Disabled Children and Youth (NFAJUDEME)
- Centre of Independent Life of Angola (CVIA)
9.2 In the countries in Angola’s region (Southern Africa) are DPOs organised coordinated at national and/or regional level?
In this region, DPOs do not function under any kind of umbrella body, but rather function through coalitions and networks working in different thematic areas, including:
- Open Society Initiative for Southern Africa
- Southern Africa Litigation Centre
- Southern Africa Federation of the Disabled (SAFOD)
- Amnesty International
- Leonard Cheshire Disability
- Norwegian People's Aid
- Africa Disability Alliance
- African Union of the Blind (AFUB)
- Disabled Peoples' International
9.3 If Angola has ratified the CRPD, how has it ensured the involvement of DPOs in the implementation process?
Since rectifying the CRPD, Angola has included the participation of relevant DPOs and civil society through direct participation with one-off and indirect contributions through discussions at provincial-level seminars, national workshops and roundtables discussions.
9.4 What types of actions have DPOs themselves taken to ensure that they are fully embedded in the process of implementation?
DPOs in Angola have extensively lobbied the Angolan government to be included in the process of formulation and implementation of policies relating to persons with disabilities. More direct approaches have been made by creating both internal and external advocacy campaigns of the situation of persons with disabilities, and aware-raising campaigns.
9.5 What, if any, are the barriers DPOs have faced in engaging with implementation?
The main barriers faced by DPOs are that, despite the government having acceded to the CRPD, the subsequent effects are not felt domestically.
9.6 Are there specific instances that provide ‘best-practice models’ for ensuring proper involvement of DPOs?
No data has been recorded with regard to best practice models for ensuring the proper involvement of DPOs.
9.7 Are there any specific outcomes regarding successful implementation and/or improved recognition of the rights of persons with disabilities that resulted from the engagement of DPOs in the implementation process?
Person with Disabilities Law No. 21/12, of 30 July 2012 and the Accessibility Law No. 10/16, of 27 July 2016, are being regarded as two successful outcomes resulting from the engagement of DPOs in the process of formulation and implementation of policies relating to persons with disability.
9.8 Has your research shown areas for capacity building and support (particularly in relation to research) for DPOs with respect to their engagement with the implementation process?
DPOs in Angola are doing good work in the area of disability. However, they could be doing better if they would receive adequate institutional backing from the government. DPOs effectiveness is also limited by a lack of technical expertise on the ground, which is compounded by a massive brain drain, which hampers the effectiveness of established organisations which support the disability rights frameworks, which has as a result inhibited DPOs from fully and effectively lobbying government institutions.
Furthermore, there seems to be a difficulty with communication between DPOs already operating in Angola and those in the region, due to a gap in the technical and informative skills held by the leadership of a great number of DPOs in Angola. This has hampered adequate and valuable communication and sharing of best practices with other DPOs in the Southern African region.
9.9 Are there recommendations that come out of your research as to how DPOs might be more comprehensively empowered to take a leading role in the implementation processes of international or regional instruments?
The research conducted regarding persons with disabilities in Angola has revealed that DPOs in Angola suffer tremendously due to a lack of technical expertise. Such a deficit has limited the way in which these organisations vision and objectives are disseminated to the public and interested parties. It is, therefore recommended that first, DPOs in Angola should set forth mechanisms that would make clear to government the importance of domesticating and implementing the provisions of the CRPD. Secondly, a clear strategy is necessary on how to develop a national plan of action with the cooperation of all major DPOs in Angola.
9.10 Are there specific research institutes in the region where Angola is situated (Southern Africa) that work on the rights of persons with disabilities and that have facilitated the involvement of DPOs in the process, including in research?
The following organisations work in the area of disability Rights in the Southern African region:
- Southern Africa Federation of the Disabled (SAFOD)
- Open Society Initiative for Southern Africa
- Africa Disability Alliance
- Southern Africa Litigation Centre
10. Government departments
10.1 Does Angola have a government department or departments that is/are specifically responsible for promoting and protecting the rights and welfare of persons with disabilities? If so, describe the activities of the department(s).
The National Directorate of Assistance and Social Integration of Persons with Disabilities, inserted within the Ministry of Social Assistance and Reinsertion is the department responsible for implementing specific programs and projects to improve the living conditions of persons with disabilities.
The Angolan Department of Education undertakes the education of children with disabilities.
Furthermore, the Ministry of Education and Social Integration works in collaboration in the area of education. This collaboration also includes education by providing an environment for learning of those with disabilities.
11. Main Human Rights concerns of people with disabilities in Angola
11.1 Describe the contemporary challenges of persons with disabilities, and the legal responses thereto, and assess the adequacy of these responses
The high number of persons with disability in Angola is justified by the effects and consequences of three decades of armed conflict. The contemporary challenges of persons with disability include; (a) the lack of comprehensive coverage of the healthcare system, (b) access to inclusive education without discrimination and fear of being excluded from the general education system; (c) lack of adequate infrastructure resulting in obstacles and barriers in buildings, roads, transport, schools, housing, medical facilities, workplaces persons with disabilities can access without problems, (d) communications, including, for example, sign language interpretation, people with hearing impairment, and publication of documents with useful information in braille, among others, (e) work and employment despite reserving a percentage or numerical quota of jobs reserved for hiring persons with disabilities and (f) social protection and promoting of equality and opportunity to enable them to participate in the process of national reconstruction.
The Angolan government has attached great importance to the issue mentioned above. To this end, the Executive has created a series of legal instruments, with the purpose of ensuring the legal support of the actions to be developed for the benefit of persons with disabilities. Of the approved legal acts, the Decrees Law 56/78 of October 19, which implements the Special Social Education, Law 13/12 of October 15, of the Former Combatants and War Disabilities stand out. Also included in the approved legislation are the decrees Law 6/98 of 7 August on Subsidies for Persons with Disabilities, as well as Law 7/04 of 15 October on the basis of Social Protection and the Persons with Disabilities Law No. 21/12 of 30 July are just some of the legal responses to address these challenges.[33]
11.2 Do people with disabilities have a right to participation in political life (political representation and leadership) in Angola?
According to the Angolan Constitution, participation in public life is fundamental, and enshrined in the Constitutional Act. Every person has the right to participation in political life (political representation and leadership) in Angola
Article 52 (1) Every citizen shall have the right to take part in political life and the direction of public affairs, either directly or via freely elected representatives, and to be informed of the actions of the state and the management of public affairs, under the terms of the Constitution and by law.
Article 53 (1) states that, every citizen shall have the free and equal right to stand for public office, under the terms of the Constitution and the law.
Article 54 (1) Every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the Constitution and the law.
However, Article 54(2) of the constitution states that the right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution. It is important to note that the severity of the disability was not specified.[34]
11.3 Are people with disabilities’ socio-economic rights, including the right to health, education and other social services protected and realised in your country?
Ensuring and protecting access to health, education and other social services for persons with disabilities is essential and one of state’s obligation. The state must ensure a system of inclusive education at all levels and lifelong learning.
Article 15 of Law No. 21/12 of 30 July, Law on Persons with Disabilities guarantees the right to training, employment and work. Persons with disabilities have the right to work on equal terms with others. States must promote an open, inclusive and accessible work market and environment for persons with disabilities. This includes implementing positive measures, such as in Angola, reserving a percentage or numerical quota of jobs reserved for hiring persons with disabilities.
Article 19 of Law No. 21/12, of 30 July, Law on Persons with Disabilities states that, Persons with disabilities have the right to the enjoyment of the best possible state of health on an equal basis with other citizens. It is therefore the responsibility of the State to adopt specific measures necessary to ensure health promotion and surveillance, screening and diagnosis, stimulation treatment, and the qualification, maintenance or renewal of appropriate means of compensation.[35]
Article 22 of the Persons with Disability Law No. 21/12, of 30 July states that, it is the responsibility of the State to adopt specific measures necessary to ensure the access of persons with disabilities to education and inclusive learning by allocating adequate resources and tools for learning and communication.
11.4 Case studies of specific vulnerable groups
No new or relevant information is available regarding case studies of vulnerable groups in Angola.
12. Future perspective
12.1 Are there any specific measures with regard to persons with disabilities being debated or considered in your country at the moment?
As it stands, the current measures being debated pertaining to persons with disability in Angola are the related to the implementation of the Accessibility Law - Law no. 10/16, of July 27, which is slow to take effect and the regulation of access to employment is one of several concerns that are of concern to this vulnerable social segment.[36]
The current debate in Angola is about civil society organisations advocating for the rights of persons with disability on mechanisms the government should take to ratify the CRPD and its Optional Protocol.
12.2 What legal reforms would you like to see in your country? Why?
With the enacting of the persons with disability law in 2012, the Angolan government was able to address some key issues pertaining to disability rights in the country. However, persons with disability continue to lack access to socio-economic opportunities such as employment and access to finance. Moreover, the introduction of the accessibility law in 2016 has been somewhat slow to be implemented. For that reason it would be of utmost importance to see the government inforce and monitor its implementation. There’s also the need for community-based programmes focused at promoting the disability rights in Angola.
[1] http://www.angop.ao/angola/pt_pt/noticias/sociedade/2016/4/19/Angola-Censo-regista-mais-600-mil-pessoas-com-deficiencia-pais,27eb8ff1-be69-4bab-8aa6-b834968002bb.html
[2] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[3]http://www.embajadadeangola.com/pdf/Publicacao%20Resultados%20Definitivos%20Censo%20Geral%202014_Versao%2022032016_DEFINITIVA%2018H17.pdf
[4] ibid
[5] ibid
[6] ibid
[7] ibid
[8] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[9] ibid
[10] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G09/172/93/PDF/G0917293.pdf?OpenElement
[11] ibid
[12] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G10/125/27/PDF/G1012527.pdf?OpenElement
[13] http://www.universal-rights.org/wp-content/uploads/2017/09/Voluntary-Pledges-and-Commitments-of-Angola-2018-2020.pdf
[14] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/098/55/PDF/G1409855.pdf?OpenElement
[15] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/234/92/PDF/G1423492.pdf?OpenElement
[16] The constitution of Angola, 2010
[17] http://www.universal-rights.org/wp-content/uploads/2017/09/Voluntary-Pledges-and-Commitments-of-Angola-2018-2020.pdf
[18] https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/098/55/PDF/G1409855.pdf?OpenElement
[19] The constitution of Angola, 2010
[20] ibid
[21] http://www.parlamento.ao/documents/91849/136379/LEI+N.%C2%BA+10-16_LEI+DAS+ACESSIBILIDADES.pdf
[22] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[23] ibid
[24] ibid
[25] ibid
[26] ibid
[27] ibid
[28] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[29] The constitution of Angola, 2010
[30] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[31] http://www.safod.net/library/files/m81833.pdf
[32] http://www.angop.ao/angola/pt_pt/noticias/sociedade/2019/0/2/Governo-mantem-apoio-pessoa-com-deficiencia,2936d9c6-0e03-4f75-a8f4-3608b090c89c.html
[33] http://www.servicos.minjusdh.gov.ao/files/RELATORIOFINALCPCD.pdf
[34] The constitution of Angola, 2010
[35] http://www.cidadao.gov.ao/VerLegislacao.aspx?id=551
[36] http://www.angop.ao/angola/pt_pt/noticias/sociedade/2018/10/47/Pessoas-com-deficiencia-auguram-pratica-lei,ac916679-7824-4298-bfd0-8debd7c6c57b.html