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 The law has since been revoked and replaced by Presidential Decree No. 43/17 of 6 March 2017, which introduced a strict maximum quota of 30 per cent of foreign employees, although the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”).

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