Constitution

Angola 2010 Constitution


Table of Contents

TITLE V. PUBLIC ADMINISTRATION

CHAPTER I. GENERAL PRINCIPLES

Article 198. (Objectives and fundamental principles)

  1. Under the terms of the Constitution and the law, the public administration shall pursue the public interest and must, in the course of its activities, be governed by the principles of equality, legality, justice, proportionality, impartiality, accountability, administrative probity and respect for public assets.
  2. In pursuing the public interest, it must respect the rights and interests of individuals that are protected by law.

Article 199. (Structure of the public administration)

  1. The public administration shall be structured on the basis of the principles of administrative simplification, bringing services closer to local people and administrative devolution and decentralisation.
  2. The law shall establish the forms and levels of individual participation and administrative devolution and decentralisation, without prejudice to the powers of the Executive to manage, superintend and oversee the work of the public administration.
  3. The law may create institutions and independent administrative bodies.
  4. The organisation, functioning and duties of the independent administrative institutions shall be established by law.
  5. Private bodies that exercise public powers shall be subject to inspection by public authorities, under the terms of the Constitution and the law.

Article 200. (Rights and guarantees of individuals under public administration)

  1. Citizens shall have the right to be informed by the public administration of administrative processes that are liable to affect their legally protected rights and interests.
  2. Citizens shall have he right to be informed by the administration of the progress of proceedings in which they have a direct interest, and learn of decisions that are taken with regard to them.
  3. The interested individuals must be notified, in the form prescribed by law, of administrative acts, which shall require express justification when they affect legally protected rights and interests.
  4. Individuals shall be guaranteed the right to access archives and administrative records, without prejudice to the legal provisions for security and defence matters, state secrecy, criminal investigation and personal privacy.

Article 201. (Local administration)

  1. Local administration shall be exercised by decentralised bodies and shall aim to ensure, at local level, that the responsibilities and specific interests of the state administration are realised in the respective administrative division, without prejudice to the authority of the local authorities.
  2. The Provincial Governor shall be the central administration representative in the respective province and shall, in general terms, be responsible for governing the province and ensuring the normal functioning of the local administration.
  3. The Provincial Governor shall be appointed by the President of the Republic, to whom he shall be politically and institutionally accountable.
  4. The organisation and functioning of local administration bodies shall be regulated by law.

CHAPTER II. NATIONAL SECURITY

Article 202. (Objectives and grounds for national security)

  1. The state, with the involvement of citizens, shall be responsible for guaranteeing national security, observing the Constitution, the law and any international instruments to which Angola is a party.
  2. The objective of national security shall be to guarantee and safeguard national independence and sovereignty, territorial integrity, the democratic state based on the rule of law, liberty and the defence of the territory against any threats or attacks, as well as achieving cooperation for national development and contributing towards international peace and security.
  3. The organisation and functioning of the national security system shall be regulated by law.

Article 203. (Right to national security and legitimate defence)

The Republic of Angola shall act using all appropriate legitimate means to preserve national security and shall reserve the right to resort to legitimate force to restore peace and public order, in compliance with the Constitution, the law and international law.

Article 204. (State of constitutional need)

  1. Within the context of preserving national security and maintaining public order, the President of the Republic may declare, according to the demands of particular situations, constitutional states of need, under the terms of the Constitution and the law.
  2. Constitutional states of need shall be states of war, state of siege or states of emergency, which shall be effective from the time they are declared until they are formally ended.
  3. States of war, siege or emergency shall be regulated by law.

Article 205. (Restrictions on the exercise of rights)

Strictly to the extent required by the specific demands of the functions in question, the law may impose restrictions on the right to stand for election and the exercise of the rights of expression, meeting, demonstration, association and petition and other similar rights for serving national security agents, namely military personnel, police officers and agents.

CHAPTER III. NATIONAL DEFENCE AND THE ARMED FORCES

Article 206. (National defence)

  1. The objectives of national defence shall be to guarantee the defence of national sovereignty and independence, territorial integrity and constitutional powers and, through these, law and order, ensuring the freedom and security of the population against acts of aggression and any other type of external or internal threat and the development of missions in the public interest, under the terms of the Constitution and the law.
  2. The organisation and functioning of national defence shall be established by law.

Article 207. (The Angolan Armed Forces)

  1. The Angolan Armed Forces shall be the permanent, regular and non-partisan national military institution entrusted with the military defence of the country, organised on a hierarchical basis and owing discipline and obedience to the appropriate sovereign bodies under the supreme authority of the President of the Republic and Commander-in-Chief, under the terms of the Constitution and the law, and any international conventions to which Angola may be a party.
  2. The Angolan Armed Forces shall be composed exclusively of Angolan citizens and shall possess a single organisational structure for the whole of national territory.
  3. The law shall regulate the organisation, functioning, discipline, training and employment of the Angolan Armed Forces in peacetime and in times of crisis and conflict.

Article 208. (Defence of the nation and military service)

  1. The defence of the nation and citizens’ rights shall be a right and a fundamental duty of all Angolans.
  2. Military service shall be regulated by law, which shall establish its forms, nature and content.

CHAPTER IV. GUARANTEE OF ORDER AND THE NATIONAL POLICE FORCE

Article 209. (Guarantee of order)

  1. The objective of the guarantee of order is to defend public peace and security, ensure and protect institutions, citizens and their respective property and fundamental rights and freedoms against violent or organised crime and other types of threats or risks, with strict respect for the Constitution, the laws and any international conventions to which Angola may be a party.
  2. The organisation and functioning of the bodies which ensure public order shall be established by law.

Article 210. (National Police Force)

  1. The National Police Force shall be the national, permanent, regular and nonpartisan police institution, organised on a hierarchical basis and in terms of the discipline required for the protection and safety of the country by the police force, with strict respect for the Constitution, the laws and any international conventions to which Angola may be a party.
  2. The National Police Force shall be composed exclusively of Angolan citizens and shall possess a single organisational structure for the whole of national territory.
  3. The law shall regulate the organisation and functioning of the National Police Force.

CHAPTER V. PRESERVATION OF STATE SECURITY

Article 211. (Preserving the security of the state)

  1. The objective of preserving the security of the estate shall be to safeguard the democratic state based on the rule of law against violent or organised crime and other types of threats or risks, with respect for the Constitution, the laws and any international conventions to which Angola may be a party.
  2. The preservation of state security shall include the institutional elements of the state intelligence and security bodies.
  3. The organisation and functioning of the preservation of state security shall be established by law.

Article 212. (State intelligence and security bodies)

  1. The state intelligence and security bodies shall be entrusted with producing intelligence and analysis and adopting state intelligence and security measures required to preserve the democratic state based on the rule of law and public peace.
  2. The law shall regulate the organisation, functioning and oversight of the intelligence and security services.