A/HRC/35/25/Add.1
able to cater for their own needs. It prohibits asylum seekers from carrying out wageearning employment.
2.
Relevant government agencies
37.
The Ministry of the Interior is the body of the central State administration that
generally promotes, according to governmental guidelines, the formulation, coordination
and implementation of law, order and internal security: it controls the entry, stay, exit and
residence of foreigners, the implementation of custodial measures, and the guarantee of the
exercise of fundamental rights and freedoms. The Ministry of the Interior includes civilian
and military personnel.
38.
The Migration and Foreigners Service is based in the Ministry of the Interior and is
responsible for promoting and coordinating the implementation of measures and actions
inherent in the transit, entry, stay, residence and exit of people across land borders, sea, air
and waterways throughout the country. The Migration and Foreigners Service is also
responsible for receiving asylum requests and conducting confidential interviews with
applicants. Following the initial procedure, asylum claims are sent to the National Council
for Refugees, an interministerial committee responsible for assessing asylum cases and
conducting refugee status determination. However, almost one year after the adoption of
the new Law on Refugee Status, the National Council for Refugees has yet to be
established and refugee status determination has been suspended. In addition, from the
wording of article 3 (g) of the Law on Refugee Status, it is unclear whether UNHCR will
maintain its observer role once the Council has been created.
39.
The Constitution of Angola 2010 (art. 192 (71)-(74)) provides that the Ombudsman
(Provedor de Justiça) be appointed by a two-thirds majority of the National Assembly and
be sworn in by the president of the National Assembly. The Ombudsman is appointed for a
four-year term and may be reappointed for another four years. The position and Office of
the Ombudsman were established in 2005, following the adoption by the National
Assembly of the Statute of the Judicial Ombudsman and the Organic Law establishing the
Office of the Ombudsman.
40.
The Ombudsman cannot take matters directly to court and can address some issues
only with the President’s approval. The Office is authorized to respond only to officially
submitted complaints, except in cases of flagrant human rights violations, in which case no
official complaint is required. The Ombudsman has the authority to make recommendations
and suggest corrective measures, but he does not have the power to annul, revoke or modify
the powers of any public entity. In 2005, the National Assembly appointed the first
Ombudsman. Paul Tjipilika, a former Minister of Justice. He enjoys the status of a
government minister. The Ombudsman’s reports are presented to the parliament.
IV. Border management
A.
An unnecessarily harsh asylum policy
41.
Since the promulgation of the new Asylum Law No. 10/15 of June 2015, the
previous system for refugee status determination has been discontinued. The regulation
necessary for the establishment of a new refugee status determination system has yet to be
adopted. The resulting legal gap has existed since June 2015 and is extremely prejudicial to
asylum seekers, who are provided with no alternative status and no documentation. That
should be urgently remedied. The Special Rapporteur was informed by the Government that
the main reason for that legal gap is financial constraints; it is urgently looking to address
that gap.
42.
The 2015 Asylum Law provides for new identification documents for refugees and
asylum seekers16. However, the regulation introducing the new identity documents has not
16
The law on the right to asylum and refugee status, art. 35, reads: “A refugee has the right, under the
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