Angola

Article 2 Democratic State Based on the Rule of Law

2. 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.

Article 21 Fundamental Tasks of the State

The fundamental tasks of the Angolan state shall be:

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b.To ensure fundamental rights, freedoms and guarantees;

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

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Article 26 Scope of Fundamental Rights

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

2. 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.

3. 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.

Article 31 Right to Personal Integrity

1. 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 36 Right to Physical Freedom and Personal Security

1. Everyone shall have the right to physical freedom and individual security.

2. No-one may be deprived of their freedom, except in cases prescribed by the Constitution and the law.

3. The right to physical freedom and individual security shall also involve:

a.The right not to be subjected to any form of violence by public or private entities;

b.The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner;

c.The right to fully enjoy physical and mental integrity;

d.The right to protection and control over one's own body;

e.The right not to be submitted to medical or scientific experiments without prior informed and duly justified consent.

Article 60 Ban on Torture and Degrading Treatment

No-one shall be subjected to torture, forced labour or cruel, degrading or inhuman treatment.

Article 61 Repugnant and Violent Crimes

The following shall be imprescriptible and ineligible for amnesty or provisional release, through the application of coercive measures:

a.Genocide and crimes against humanity, as stipulated in law;

b.Crimes stipulated as such in law.

Article 64 Deprivation of Freedom

1.Deprivation of freedom shall only be permitted in cases and under the conditions determined by law.

Article 76 Right to Work

1.Work shall be the right and duty of all.

2.Every worker shall have the right to vocational training, fair pay, rest days, holidays, protection, and workplace health and safety, in accordance with the law.

3. In order to ensure the right to work, the state shall be charged with promoting:

a.The implementation of policies to generate work;

b.Equal opportunities in the choice of profession or type of work and conditions which prevent preclusion or limitation due to any form of discrimination;

c.Academic training and scientific and technological development, as well as vocational development for workers.

4. Dismissal without fair cause shall be illegal and employers shall be obliged to pay just compensation for workers who have been dismissed, under the terms of the law.

Constitution of Angola 2010 (PDF)

Article 163 Abduction

1. Who, by means of violence, threat or cunning, abducts another person,Transferring from one place to another, with the intention of:

A) to submit to slavery;

B) to submit to extortion;

C) commit a crime against their sexual self-determination;

D) obtain redemption or reward

is punished with imprisonment from 1 to 5 years. 2. The penalty is imprisonment from 2 to 10, from 2 to 12 or from 5 to 14 years, if it occurs, respectively, any of the situations described in paragraphs 2, 3 or 4 of Previous article.

Article 165 Slavery

1. Whoever reduces another person to the status of an individual over whom the powers inherent in the right to property are exercised in whole or in part shall be punished with imprisonment from 7 to 15 years.

2. He commits the same crime and is punished with the same penalty whoever alienates, assigns, acquires or seizes a person for the purpose of maintaining In the state or condition described in the previous number.

3. Commits, further, the crime of slavery and is punished with imprisonment from 1 to 5 years who buy or sell a child under the age of 14 to adoption or, for the same purpose, to broker a business or an equal transaction or similar.

Article 368 Crimes against humanity

Who, in the course of a widespread or systematic attack on a population or in the context of an armed conflict, international or internal, or during military occupation of a State, territory or part of territory, commit the following acts against protected persons:

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C) slavery;

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E) abuse of the dignity of persons by, inter alia, the use of torture and other cruel, inhuman and degrading treatment;

F) rape, sexual slavery, prostitution, pregnancy and sterilization:

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 Shall be punished with a prison sentence of 3 to 20 years, if a

Another criminal provision.

Article 369 Definitions

(C) "slavery" means the exercise of a power translated into a right of or possession of a person, including the exercise of that power in the context of trafficking in persons;

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(F) "sexual slavery" means the exercise of inherent or associated powers to the right of ownership over one or more persons, who are by those who arrogate those powers to the practice of one or more acts of a sexual nature;

Article 157 Maltreatment of minors, incapacitated or relatives

1. Anyone who lives with or is under the care of a minor or incapacitated person under his authority or service or who has been surrendered for the purpose of education, instruction, treatment, supervision, custody or professional or artistic training, and habitually:

(A) treating them cruelly or inflicting physical or psychological ill-treatment on them;

B) to employ them in dangerous, inhuman or prohibited activities;

C) to overload them with excessive work;

D) forcing them to exercise begging

is punishable by a term of imprisonment of 6 months to 4 years or a fine of 60 to 480 days, if a more severe penalty is not due to them by virtue of another criminal provision.

2. With the same penalty is punished those who habitually exercise physical or psychological violence over their spouse or person with whom they live in situation similar to that of the spouses or their own children, the children of the spouse or of the person with whom he lives in a situation analogous to that of the spouses.

Article 177 Sexual trafficking of persons

Who, using violence, threat, ardor, fraudulent maneuver or taking advantage of any relationship of dependence or situation of particular vulnerability of a person to induce or constrain the practice of prostitution in a foreign country or favor this exercise, transporting, lodging or accepting, is punished with the prison sentence of 2 to 10 years.

Article 183 Sexual trafficking of minors

1.Persons who are under 18 years of age to engage in the practice of prostitution in a foreign country or, for the same purpose, to transport, spoil or otherwise favor such exercise shall be punished by imprisonment of 2 to 10 years.

2. If the agent uses violence, threat or fraud, acts profitably or makes profession of the activity described in the preceding paragraph, the minor suffers from psychic anomaly or is under 14 years of age, the penalty is imprisonment of 3 to 12 years.

Penal Code (PDF)

The 2014 Law on the Criminalization of Infractions Surrounding Money Laundering criminalized sex trafficking and labor trafficking. Article 18 criminalized slavery and servitude, as well as the buying and selling of a child under 14 years of age for adoption or for slavery, with a penalty of seven to 15 years’ imprisonment. Article 19 criminalized the trafficking of adults and children for the purpose of sexual exploitation, forced labor or trafficking in organs and prescribed penalties of eight to 12 years’ imprisonment. Article 20 criminalized enticing or forcing a person to practice prostitution in a foreign country, with a penalty of two to 10 years’ imprisonment. Article 21 criminalized pimping using force, fraud, or coercion of adults and prescribed penalties of one to 6 years’ imprisonment. Article 22 criminalized “pimping of minors” under the age of 18 and prescribed penalties of two to 10 years’ imprisonment; if force, fraud or coercion was ANGOLA used or the child was less than 14 years old, the penalties were increased to five to 12 years’ imprisonment. Article 23 made it a crime to entice children to engage in prostitution in a foreign country, with sentences of three to 12 years’ imprisonment; with force, fraud or coercion, the sentence was increased to three to 15 years’ imprisonment.

In February 2014, the government amended the 1886 penal code to prohibit all forms of trafficking in persons, proscribing penalties of eight to 12 years’ imprisonment—penalties that are both sufficiently stringent and commensurate with those proscribed for other serious crimes. Article 19 criminalizes the act of delivering, enticing, accepting, transporting, housing, or keeping of persons for the purposes of sexual exploitation, forced labor, or trafficking of organs, including by force, fraud, or coercion. Article 19 also makes the enticement, transport, or housing of a child for such purposes by any means a trafficking offense; in keeping with international law, it does not require the use of fraud, force, or coercion to prove a trafficking case when a child is the victim. This provision would appear, however, to overlap with Article 22, pimping of minors, which provides a lower penalty of two to 10 years’ imprisonment for promoting, encouraging, or facilitating the exercise of the prostitution of children, with enhanced penalties for the use of force, threat, or fraud of five to 12 years’ imprisonment. Slavery and servitude are separately criminalized in Article 18 with sentences of seven to 12 years’ imprisonment.

Article 96 Length of working time

1.Except as otherwise provided by law, the normal period of work shall not exceed the following limits:

(a) 44 hours per week

(b) 8 hours per day

2.The normal period of work per week may be extended up to 54 hours where the employer adopts shift work patterns or modulated or flexible hours, where a recovery schedule is in effect or where the work is intermittent or simply requires presence.

Article 97 Rest periods

The normal daily working time must be interrupted by a rest and meal break of not less than one hour and not exceeding two hours, such that workers do not work for more than five hours of normal working time consecutively.

2. To the extent possible unless otherwise agreed with the workers’ representative organization, the interval shall be one hour if there is a canteen in the workplace which can provide meals to the workers, or otherwise two hours.