A/HRC/35/25/Add.1 Economic Community of Central African States 22. The Economic Community of Central African States (ECCAS) entered into force in 1985 and Angola formally joined the group in 1999. The current members of ECCAS are Angola, Burundi, Cameroon, the Central African Republic, Chad, the Congo, the Democratic Republic of the Congo, Equatorial Guinea, Gabon, Rwanda and Sao Tome and Principe. 23. Mobility in ECCAS is governed by the Protocol on Freedom of Movement and Rights of Establishment of Nationals of Members States (annex 7 to the original treaty), which details ECCAS citizens’ rights relating to the freedom of movement, residence and establishment.11 Nationals of ECCAS member States have the right to enter the territory of other member States providing they possess an identity card or passport for their State of origin and a visa. Under the treaty terms, ECCAS nationals also have the right to reside within the territory of another member State, providing they possess a sojourn card. The treaty and the protocol also allow for the mobility of workers and the establishment of selfemployed persons, although limitations exist under the national legislation and the regulations of each member State. 24. While the arrangements for the free mobility of ECCAS citizens and the right of establishment were to be implemented within 4 to 12 years of the treaty’s entry into force, discussions relating to free mobility are still ongoing as the issue has not been considered a priority among ECCAS member States. Additionally, neither the treaty nor the protocol contain specific mobility provisions relating to non-citizens. However, mobility provisions for non-citizens may be found within certain bilateral free movement agreements between ECCAS member States and third States. 3. Bilateral agreements between Angola and other countries involving mobility 25. Angola has signed trade agreements with Benin (2012), the Central African Republic (2010), Equatorial Guinea (2007), the Philippines (2013), South Africa (2009), Turkey (2009) and the United States of America (2009). It had bilateral agreements with 38 other countries, one of which is the economic partnership with Namibia into which it entered in 2009, allowing for the free movement of people between the two countries. D. National legal, institutional and policy framework 1. Legal framework Constitution 26. The Constitution of the Republic of Angola of 2010 guarantees all fundamental freedoms and rights, enshrines the principle of equality and discrimination, and contains fundamental rights by reference to the Universal Declaration of Human Rights, the African Charter of Human and Peoples’ Rights and international treaties ratified by Angola. 27. Article 71 of the Angolan Constitution provides for the right to obtain asylum against political persecution. Legislation 28. Law No. 6 (1986)12 approves the statute of the resident foreign worker. The law applies to foreign workers resident in Angola and hired there. Its provisions are not applicable to those recruited abroad or to foreign workers who lack professional qualifications and technical or scientific qualifications. It establishes equality of treatment between foreign workers and Angolans in health care, security against accidents at work and retirement pensions, as well as for the fixing of wages and the payment of income tax. 11 12 See www.ceeac-eccas.org/images/traites/trt_eccas.pdf. See www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=2114&p_country=AGO&p_count= 196&p_classification=17&p_classcount=8. 7