A/HRC/35/25/Add.1
been finalized and the Migration and Foreigners Service has suspended issuance of
documentation for those who have applied for asylum since the entry into force of the new
Law. The right to work is not recognized for asylum seekers. As a result, they have no
choice but to engage in informal labour for their basic subsistence. In addition, since the
adoption of Regulation No. 273/13 in August 2013 prohibiting the grating of the mandatory
business licence to refugees, their means of becoming economically self-sufficient has been
restricted, impeding them from finding durable solutions. The authorities must take the
necessary steps to ensure that asylum seekers have easy access to the labour market and
must remove the discriminatory provisions that prohibit refugees from owning and
operating businesses.
43.
The complicated and lengthy asylum procedure, the restrictions on the freedom of
movement, the lack of availability of the required documentation and the denial of the right
to work or set up a business encourage many potential refugees not to register as asylum
seekers. That may result in violations of the principle of non-refoulement.
44.
The central aim of the 2015 Asylum Law is to prevent the abusive use of the asylum
process by those who wish to enter the country by deceitful means. It thus introduces a
policy of mandatory detention for asylum seekers, which violates the international law
principle according to which detention should always be a measure of last resort,
individually justified, and for the shortest possible duration. Crucially, it deters refugees
from seeking international protection in order to avoid detention.
45.
Through its reservation to article 26 of the 1951 Convention, and as enshrined in
article 5 of the Law on the Legal Regime of Foreign Citizens, Angola reserves the right to
restrict the freedom of movement of foreigners, for considerations of national or
international order. The 2015 Asylum Law further curtails the freedom of movement of
asylum seekers. Even for asylum seekers who have the required documents, there is a
practice of restricting their freedom of movement within Angola.17 The Special Rapporteur
was informed that in practice, while refugees and asylum seekers are not under an
obligatory encampment policy, the reservation means that refugees are prohibited from
settling in or having access to areas of particular economic interest, such as the diamond
mining areas. Freedom of movement could further be impeded by lack of documentation.
Even for asylum seekers who have the required documents, the Migration and Foreigners
Service has developed a practice of restricting their freedom of movement if they intend to
travel to other provinces in Angola.
B.
Documentation and birth registration
46.
A large number of asylum seekers and many refugees living in Angola, particularly
those residing outside Luanda, are still undocumented. Many police and immigration
officers are unaware or suspicious of undocumented aliens, and asylum seekers may face
detention even if they present an attestation proving that their asylum application is pending
before the Migration and Foreigners Service. In addition, due to the poor quality of the
documentation for refugees and asylum seekers, they often have difficulties accessing
public services and employment, hampering their efforts towards local integration and selfreliance. The poor quality has also led to many cases of falsifications of refugee cards and
asylum seekers’ certificates, and the police have in turn adopted a regular practice of
arresting and detaining foreigners until the veracity of their documentation can be
confirmed. That creates significant protection risks for asylum seekers and refugees who
may be reluctant to approach government authorities for fear of arrest and detention.
17
10
1951 Convention, to be issued by the migration authority with an identification document certifying
his or her status, with high security features, in line with the model adopted by way of regulation”.
See also art. 11: “and issues in favour of the asylum seeker a declaration certifying his or her
application for asylum, in accordance with the model approved by regulation.”
Under the previous law, the Immigration Services would issue a travel document (guia de marcha)
authorizing the asylum seeker to travel from the province of residency to the province of intended
destination.