Angola

Legal Code Summary

Penal Code of 16 September 1886, as amended in 1954 (inherited from the Portuguese colonial era).

Legal Code Text

“Artigo 70° (Medidas de segurancça) São medidas de segurancça: 1°. – O internamento em manicómio criminal; 2º. – O internamento em casa de trabalho ou colónia agrícola; 3°. – A liberdade vigiada; 4°. – A caução de boa conduta; 5°. – A interdição do exercício de pro!ssão; […]”

“Artigo 71° (Aplicacção de medidas de segurancças) São aplicáveis medidas de segurança: […]

4°. – Aos que se entreguem habitualmente à pratica de vícios contra a natureza; […]

§ 1°. – O internamento, nos termos do n°. 2o e § 2° do artigo 70°, só poderá ter lugar pela primeira vez quando aos indivíduos indicados nos nos. 1o, 2°, 7o e 9o. Aos indivíduos indicados nos n°s. 3°, 4°, 5°, 6°, e 8° será imposta, pela primeira vez, a caucção de boa conduta ou a liberdade vigiada e, pela segunda, a liberdade vigiada com caução elevada ao dobro, ou o internamento. […]”

ILGA Analysis & Notes

These Articles provide for the imposition of ‘security measures’ on people who habitually practice acts against nature. The security measures may include: a bond of good behavior, being put on probation for a certain period, or even internment in a workhouse or agricultural colony (from 6 months to 3 years). In 2006 the first draft of a new Penal Code was mooted in Angola, and in 2014 a final draft was submitted to Cabinet. In late-February 2017, the Angolan parliament went through the first phase of adopting this version of the draft Penal Code (125 in favour, none against and 36 abstentions). This Code does not outlaw consenting, same-sex sexual activity between adults in private, and therefore when it does come into force (currently unknown), Angola will have repealed such offending provisions. Further, Article 197 of the new Code proposes up to two year’s imprisonment for discrimination in employment and in the supply of goods and services on the basis [inter alia] of sexual orientation. However, at time of writing, the parliamentary process is not complete and, as such, the old Penal Code remains in force. It is notable that the African Commission on Human and Peoples’ Rights Resolution 275: Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity was adopted at the 55th Ordinary Session of the African Commission on Human and Peoples’ Rights in Luanda, Angola, 28 April - 12 May 2014. In 2013, the Angolan delegation to the UN Human Rights Committee replied to a query about societal discrimination of individuals based on their sexual orientation, saying: “The principle of equality was enshrined in the Constitution, but measuring discrimination against homosexuals in society was difficult. Cultural attitudes seemed to be changing, however: for example, the portrayal of two same-sex couples in a soap opera on Angolan television had not been condemned by the viewing public.” Even though Angola rejected two recommendations related to the decriminalization of same-sex sexual relations made by France and the Czech Republic at its 1st cycle UPR, there is no mention (recommendations or Interactive Dialogue) of SOGI in its 2nd cycle UPR in October 2014. Angola’s 3rd UPR is in April 2019.

SCRUFF Travel Notes

This law is not available online for Angola, but (as a former Portuguese colonly) uses the same laws as Mozambique.