A/HRC/35/25/Add.1
and in the media, which influences citizens’ perception of migration. That all has a negative
effect on the authorities’ response to the phenomenon, as aggressive rhetoric promotes
heavy-handed security enforcement and dehumanizes migrants.
9.
In recent years, mass expulsions have been accompanied by allegations of human
rights violations by Angolan security forces against migrants expelled from Angola, the
majority of whom were Congolese. The Special Rapporteur received reports that often, the
situations of people in need of international protection were not taken into account during
collective expulsions. Allegations of human rights violations, including sexual abuse and
sexual exploitation, were also reported.
10.
Moreover, the challenges associated with migration management in Angola are
particularly important in the diamond-mining areas bordering the Democratic Republic of
the Congo. Information received from the Government indicates that such challenges are
also experienced in other border areas, such as Santa Clara (between the province of
Cunene and Namibia), Cabinda, an Angolan enclave bordered on all sides by the Congo,
and in Moxico, on the border with Zambia. In recent years, clandestine migration has also
developed using small boats from the west coast of Africa and the Gulf of Guinea to cross
the Atlantic Ocean.
11.
Excessive bureaucracy and petty corruption have disproportionate effects on human
rights protection, as they limit the access of irregular migrants to social services such as
education, health care and justice, for fear of detection, detention, extortion and deportation.
The Special Rapporteur was informed that they also discourage migrants from attempting
to enter the country regularly or trying to regularize their migration status once they are in
Angola.
12.
The Special Rapporteur observed that the immigration rules are not well known by
law enforcement officials and, when they are, their implementation is hampered by the lack
of proper institutional structures and by corruption. The overly stringent immigration rules
often make being undocumented the only option for many migrants. Still, migrants
continue to go to Angola to work, often in the construction and mining industries, and set
up businesses, all of which contribute significantly to the economy. However, their status is
rarely regularized and they face exploitative conditions of work.
III. Normative and institutional framework on migration
and border management
A.
International legal framework
13.
Angola has ratified five of the nine core international human treaties.2 It has not
signed the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.
14.
Angola has made several reservations to the 1951 Convention relating to the Status
of Refugees, the most significant of which were to articles 17, on the right to work, and 26,
on freedom of movement.3
2
3
4
It has ratified the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women, the Convention on the Rights of the Child and the Convention on the
Rights of Persons with Disabilities.
The text of the reservation to article 17 reads: “The Government of the People’s Republic of Angola
accepts the obligations set forth in article 17, provided that: (a) Paragraph 1 of this article shall not be
interpreted to mean that refugees must enjoy the same privileges as may be accorded to nationals of
countries with which the People’s Republic of Angola has signed special co-operation agreements;
(b) Paragraph 2 of this article shall be construed as a recommendation and not as an obligation.”
The text of the reservation to article 26 reads: “The Government of the People’s Republic of Angola
reserves the right to prescribe, transfer or circumscribe the place of residence of certain refugees or