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rights programmes run by Radio Ecclésia. In one instance, an official in the Ministry of
Assistance and Social Re-insertion justified the Government’s failure to allow Radio
Ecclésia to broadcast countrywide by complaining that it had planned to broadcast other
than religious material. The Special Representative found that such pronouncements,
which appear to reflect the actual policy of the Government, are clearly incompatible
with the right to freedom of expression and with the Declaration on human rights
defenders.
7. Persons under any form of detention
44.
The Special Rapporteur visited Viana Immigration Detention Centre on 27
November 2007, as well a separate immigration detention holding centre at the airport in
Luanda and a further facility under construction. At the brand new immigration detention
holding centre she visited, which contained only five detainees, conditions were good but
at the other conditions were deplorable. Ninety five percent of the 165 persons detained
there were Muslims, without access to a chaplain or Imam, or religious books and their
dietary needs are not being met. Some detainees reported being been held for two years
and those interviewed also included asylum seekers even though the detention authorities
on the Special Rapporteur’s arrival erroneously reported that no asylum seekers were
held at Viana. The vast majority of those interviewed reported that they had received no
consular visit.
V. CONCLUSION AND RECOMMENDATIONS
45.
The Special Rapporteur was impressed by the courageousness of the
Angolan people she met and their willingness to address many challenges they face
following decades of civil war and colonialism, as well as the openness of the
Government actors she met with. She recognizes that many in Angola today are able
to practice their religion or belief freely and there is in this regard a measure of
tolerance within Angolan Society. However, the Special Rapporteur would like to
highlight the following conclusions and recommendations.
Legal framework
46.
Article 9 of law no. 2/04 discriminates against religious minorities and is not
in conformity with international standards to which Angola is a party. Viewed in
conjunction with article 45 of the Constitution, it may also violate Article 18 (3) of
the ICCPR. General Comment 22 provides further guidance on the concept of
necessity in article 18 (3) and states that restrictions may not be imposed for
discriminatory purposes or applied in a discriminatory manner.
47.
As noted earlier, the law contains stringent requirements for registration
including membership of 100,000 persons who are domiciled in Angola, from two
thirds of the total of the provinces of Angola. It has potential practical implications
for religious communities, such as a denial of permission to build places of worship,
the closure of places of worship or the prohibition of religious organizations. The