A/HRC/35/25/Add.1
29.
Presidential Decree No. 11 (1986)13 approves the regulations for the recruitment of
resident foreign workers, as well as the model contract.
30.
Presidential Decree No. 5/95 (1995)14 focuses on the employment of non-resident
foreign workers. Its purpose is to regulate the employment of the non-resident foreign
labour force as well as the qualified national labour force working for foreign companies
and other employing entities that perform their activities in the territory of Angola. The law
has since been revoked and replaced by Presidential Decree No. 43/17 of 6 March 2017,
which introduced a strict maximum quota of 30 per cent of foreign employees, although the
minimum number of five national employees to enable the hiring of foreign citizens was
eliminated.
31.
Presidential Decree No. 108/11 of 25 May 2011 sets out the mandate of the
Migration and Foreigners Service and the laws governing the entry and exit of foreigners
from the national territory, as well as the documents necessary to obtain, extend and
process diplomatic, official, courtesy, consular and territorial visas.
32.
Law No. 02/07 on the Legal Regime of Foreign Citizens (Lei sobre o Regime
Jurídico dos Estrangeiros na República de Angola) entered into force on 31 August 2007
and guarantees foreign nationals in Angola the same rights and duties enjoyed by Angolan
citizens, with the exception of some specific rights, such as political rights and the exercise
of public functions or the leadership of trade unions or professional associations. The law
allows for expulsions of foreign citizens without prejudice to agreements or international
conventions to which Angola is a party. Presidential Decree No. 108/11 of 25 May 2011
regulates the implementation of Law No. 02/07.
33.
Article 29 (4) of the Law on the Legal Regime of Foreign Citizens provides
safeguards against the expulsion of refugees to countries where they might be persecuted
for political, racial or religious reasons, or where their lives might be in danger.
Article 29 (3) guarantees refugees the most favourable treatment under the law or
international agreements to which Angola is party.
34.
Through its reservation to article 26 of the 1951 Convention relating to the Status of
Refugees, Angola reserves the right to prescribe, transfer or circumscribe the place of
residence of certain refugees or groups of refugees, and to restrict their freedom of
movement, whenever considerations of national or international order make it advisable to
do so. The limitation on freedom of movement for security reasons is also enshrined in
article 5 of the Law on the Legal Regime of Foreign Citizens and requires them to obtain a
permit in order to move to restricted areas.
35.
Regulation No. 273/13 on the granting and use of the business licence (alvará
commercial) prohibits refugees from owning or operating a business,15 even when they
fulfil all of the requirements and despite the fact that other foreigners do not face the same
restrictions. The business licence is a prerequisite to owning and operating a business in
Angola.
36.
The Law on Refugee Status (No. 10/2015) further curtails the freedom of movement
for asylum seekers. It moves the administration of the asylum process to the Ministry of the
Interior. It prohibits the expulsion of refugees and asylum seekers from Angola, except for
reasons of national security or public order, for having committed fraud resulting in the
recognition of refugee status or for having committed an excludable act. It states that
asylum seekers and vulnerable refugees must reside in a reception centre (centro de
acolhimento de refugiados e requerentes de asilo), unless they can demonstrate that they are
13
14
15
8
See www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=2779&p_country=AGO&p_count=
196&p_classification=17&p_classcount=8.
See www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=56291&p_country=AGO&p_count=
196&p_classification=17&p_classcount=8.
Art. 4 (4) of Regulation No. 273/13 prohibits the granting of a business licence to individuals who
have refugee or asylum status (“É vedada a concessão de Alvará Comercial a cidadãos titulares do
estatuto de refugiado ou asilado, nos termos da legislação em vigor na República de Angola”).