Jurist Rights experts warn Angola must reject draft law restricting civil society

[Dadparvar]

Human Rights Watch (HRW) warned Wednesday that the president of Angola João Lourenço should not sign a new bill into law, as it could result in serious human rights violations. This bill was passed on January 22 with 106 votes in favor and 77 votes against.

The rights organization expressed concern that this law would grant significant powers to authorities which remove the ability of civil society organizations (CSOs) to operate freely. This includes Article 6, requiring CSOs to go through a “vague licensing system without clear criteria, timelines, or guarantees of judicial oversight.” Additionally, Articles 7 and 34 allow for monitoring of “groups’ activities and finances.” Article 30 moreover permits authorities to suspend a group’s license for a renewable period of up to 120 days. These suspensions would be made without judicial approval, based on “strong indications” of any unlawful conduct or national security threat. HRW cited “vague terminology” throughout the law, stating that it gives wide discretion.

Hermenegildo Teotónio, a lawyer and deputy chairperson of the Human Rights Commission of the Angolan Bar Association stated:

This framework allows authorities to control civil society through administrative measures rather than lawful, proportionate regulation. Without clear limits and independent oversight, the risk of repression is high.

This is not the first time that the draft law has received criticism. When the bill was introduced in May 2023, the executive director of the Movement of Human Rights Defenders of Angola (KUTAKESA) Godinho Cristóvão described a “climate of suspicion and uncertainty” despite Angola’s constitutional protection of rights and freedoms. KUTAKESA also made an urgent appeal to the African Commission on Human and Peoples’ Rights.

Around the same time, the American Bar Association Center for Human Rights released a review of the proposed law. The legal experts raised many of the same apprehensions as HRW, and made an unequivocal call for the bill’s rejection due to “its inherent unconstitutionality, and the risk and dangers the Bill poses to fundamental freedoms and the rule of law in Angola.”

The provisions appear to be inconsistent with international human rights law. The International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights both provide that restrictions on the right to peaceful assembly and freedom of association must only occur when necessary for critical interests such as national security.

HRW called for President Lourenço to return the bill to parliament for revisions. Sheila Nhancale, Africa researcher for HRW stresses the need for international response, stating:

The draft law to regulate nongovernmental groups represents a serious setback for civil society and democratic freedoms in Angola… Concerned governments should send a strong public message to the president and parliament that any law regulating civil society should advance the rights to organize and participate in public life.

There have also been other concerns over freedom of CSOs, including reports of excessive force used against peaceful protestors.

The post Rights experts warn Angola must reject draft law restricting civil society appeared first on JURIST - News.

Continue reading...

Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.