Angola 2010 Constitution

TITLE I. FUNDAMENTAL PRINCIPLES

Article 1. (The Republic of Angola)

Angola 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.

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

1. 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.
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 3. (Sovereignty)

1. 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.
2. 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.
3. 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.

Article 4. (Exercise of political power)

1. Political power shall be exercised by whoever legally obtains it through free democratic elections, under the terms of the Constitution and the law.
2. 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.

Article 5. (Territorial organisation)

1. 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.
2. The provision contained in the previous point shall not compromise any additions that have been, or may come to be, established through international treaties.
3. 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.
4. 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.
5. The law shall establish the structure, designation and development of urban units and agglomerations.
6. 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.

Article 6. (Supremacy of the Constitution and legality)

1. The Constitution shall be the supreme law of the Republic of Angola.
2. 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.
3. 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.

Article 7. (Custom)

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

Article 8. (Unitary state)

The 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.

Article 9. (Nationality)

1. Angolan nationality may be held by origin or acquired.
2. The child of a father or mother with Angolan nationality, born in Angola or abroad, shall be an Angolan citizen by origin.
3. A newborn child found in Angolan territory shall be presumed an Angolan citizen by origin.
4. No Angolan citizen by origin may be deprived of their original nationality.
5. The requirements for the acquisition, loss or re-acquisition of Angolan nationality shall be established by law.

Article 10. (Secular state)

1. The Republic of Angola shall be a secular state and there shall be separation between state and church, under the terms of the law.
2. 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.
3. 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.

Article 11. (Peace and national security)

1. 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.
2. 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.
3. 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.

Article 12. (International relations)

1. 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:
   1. Respect for sovereignty and national independence;
   2. Equality amongst states;
   3. The rights of peoples to self-determination and independence;
   4. Peaceful solutions to conflicts;
   5. Respect for human rights;
   6. Non-interference in the affairs of other states;
   7. Reciprocal advantages;
   8. Repudiating and combating terrorism, drugs trafficking, racism, corruption and people and human organ trafficking;
   9. Cooperation with all peoples for peace, justice and progress.
2. The Republic of Angola shall defend the abolition of all forms of colonialism, aggression, oppression, domination and exploitation in relations between peoples.
3. 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.
4. 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.

Article 13. (International law)

1. General or common international law received under the terms of this Constitution shall form an integral part of the Angolan legal system.
2. 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.

Article 14. (Private property and free initiative)

The 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.

Article 15. (Land)

1. 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.
2. Access to and use of land by local communities shall be recognised by law.
3. 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.

Article 16. (Natural resources)

The 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.

Article 17. (Political parties)

1. 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.
2. The constitution and functioning of political parties must, in accordance with law, respect the following fundamental principles:
   1. National character and scope;
   2. Free constitution;
   3. The public pursuance of aims;
   4. Freedom of affiliation and single affiliation;
   5. The use of peaceful means only to pursue aims and a ban on the creation or use of military, paramilitary or militarised organisations;
   6. Democratic organization and functioning;
   7. Minimum representation, as established by law;
   8. A ban on receiving monetary and economic contributions from foreign governments and government institutions;
   9. The rendering of accounts for the use of public funds.
3. Through their objectives, programmes and activities, political parties must contribute towards:
   1. The consolidation of the Angolan nation and national independence;
   2. Safeguarding territorial integrity;
   3. Reinforcing national unity;
   4. The defence of national sovereignty and democracy;
   5. The protection of fundamental freedoms and human rights;
   6. The defence of the republican nature of the government and the secular nature of the state.
4. 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.

Article 18. (National symbols)

1. The national symbols of the Republic of Angola shall be the national flag, the national insignia and the national anthem.
2. 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.
3. The technical specifications and provisions concerning deference and the use of the national flag, national insignia and national anthem shall be established by law.

Article 19. (Languages)

1. The official language of the Republic of Angola is Portuguese.
2. The state shall value and promote the study, teaching and use of other Angolan languages, in addition to the main international languages of communication.

Article 20. (Capital of the Republic of Angola)

The capital of the Republic of Angola is Luanda.

Article 21. (Fundamental tasks of the state)

The fundamental tasks of the Angolan state shall be:

1. To guarantee national independence, territorial integrity and national sovereignty;
2. To ensure fundamental rights, freedoms and guarantees;
3. To gradually create the necessary conditions required to effectively implement the economic, social and cultural rights of citizens;
4. 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;
5. To promote the eradication of poverty;
6. To promote policies that will make primary health care universal and free;
7. To promote policies that will ensure universal access to compulsory free education under the terms defined by law;
8. To promote equal rights and opportunities between Angolans, regardless of origins, race, party affiliations, sex, colour, age or any other form of discrimination;
9. 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;
10. To ensure peace and national security;
11. To promote equality between men and women;
12. To defend democracy and ensure and foster the democratic participation of citizens and civil society in the resolution of national problems;
13. To promote harmonious and sustainable development throughout national territory, protecting the environment, natural resources and the historic, cultural and artistic heritage of the nation;
14. 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;
15. To promote sustained improvements to Angolan human development indexes;
16. 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;
17. Other tasks as prescribed in the Constitution and by law.