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all citizens shall be equal under the law and shall enjoy the same rights and be subject to
the same duties, without distinction as to religion. All acts aimed at jeopardizing social
harmony or creating discrimination or privileges based on those factors shall be severely
punishable by law.
7.
Article 21 states that fundamental rights in the Constitution shall not exclude
others stemming from the laws and applicable rules of international law. Constitutional
and legal norms related to fundamental rights shall be interpreted and incorporated in
keeping with the Universal Declaration of Human Rights, the African Charter on the
Human and Peoples’ Rights and other international instruments to which Angola has
adhered. In the assessment of disputes by Angolan courts, those international instruments
shall apply even where not invoked by the parties.
8.
Article 45 states that freedom of conscience and belief shall be inviolable. The
Angolan state shall recognize freedom of worship and guarantee its exercise, provided it
does not conflict with public order and the national interest. Furthermore, article 52
provides that the exercise of the rights, freedoms and guarantees of citizens may be
restricted or suspended only in accordance with the law if such constitute a threat to
public order, community interests, individual rights, freedoms and guarantees, or in the
event of the declaration, a state of siege or emergency. Such restrictions shall always be
limited to necessary and adequate measures to maintain public order, in the interest of the
community and the restoration of constitutional normality. On no account shall the
declaration of a state of siege or state of emergency affect the freedom of conscience and
religion.
9.
The limitations clauses in article 18 of the Constitution (“provided [religions]
abide by the laws of the state”) and article 45 of the Constitution (“provided [worship]
does not conflict with public order and the national interest”) may be regarded as
inconsistent with internationally established human rights norms. Article 18 (3) of the
International Covenant on Civil and Political Rights states that “freedom to manifest
one’s religion or beliefs may be subject only to such limitations as are prescribed by law
and are necessary to protect public safety, order, health, or morals, or the fundamental
rights and freedoms of others.”
10.
In general, vague expressions in domestic laws may lend themselves to very
broad interpretation which, in turn, may lead to extensive intervention by the State and
hence excessive restrictions on freedom of religion and belief. The Human Rights
Committee, in its General Comment No. 22 (1993), declared that restrictions on the
freedom to manifest religion or belief are permitted only if they are prescribed by law, are
necessary to ensure public safety, order, health or morals, or the fundamental rights and
freedoms of others, and are applied in a manner that does not vitiate the right to freedom
of thought, conscience and religion. The Committee has also stated that restrictions must
only be applied for the purposes for which they were prescribed and they must relate
directly to the specific objective they are to serve, and be proportional to that objective.
Restrictions may not be imposed for discriminatory purposes or in a discriminatory
manner.
11.
Law no. 2/04 on freedom of religion, conscience and worship revoked executive
decree 46/91. The law defines religious worship (article 2) and clarifies the notion of