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.

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