Constitution of Angola

Constitution of Angola 2010

On 21 January 2010 the National Assembly of Angola approved a new constitution to replace the interim constitution in effect since independence in 1975.The constitution was passed, in its entirety, by 186 votes in favour and none against, with two assembly members abstaining.[3] The constitution has been drafted by a committee of 60 parliamentarians, advised by 19 experts and a public consultation, and contains 244 articles.[3] The vote was boycotted by the opposition UNITA party which claimed that the process was flawed and undermined democracy.[4] The ruling party, MPLA, had a 81% majority on the constitution committee, equal to their parliamentary majority.[5] The constitution will need to be approved by President José Eduardo dos Santos and the Constitutional Court but both steps are seen as formalities.[4]

The new constitution establishes a government similar to those currently operative in South Africa and Botswana. It officially names the President of Angola as Head of State, Head of the Executive and Commander-in-Chief of the Angolan Armed Forces.[3] The new constitution abolishes direct election of the president; the person heading the list of candidates of the majority party in the assembly will automaticvally become president, and nr. 2 of the list vice-president.[4] The president is limited to two five-year terms by the constitution but would not count the 30-year term already served by dos Santos and would start from the next parliamentary elections in 2012, allowing him to remain president until 2022.[6] The post of Prime Minister will be abolished, with the role assumed by the vice-president.[4] The Assembly retains the right to remove the president from office but this decision must be approved by the Supreme Court.[4] The constitution clarifies the ambiguous land rights that existed in Angola, stating that all land is owned by the state, which can decide who is entitled to use it.[4] The state will only provide land rights to Angolan nationals or companies registered in Angola.[7]

The constitution will give the president the power to appoint judges to the Constitutional and Supreme courts and also appoint the head of the Court of Audits, which is responsible for reviewing public expenditure.[7] The document also maintains the present status of Cabinda, an exclave of Angola which is claimed by FLEC separatists, as a part of Angola.[7] The current national flag (which is similar to the flag used by the MPLA during the Angolan Civil War) is retained, freedom of religion and the press is guaranteed and the death penalty remains banned.[7]

The new constitution was hailed as "a day of victory and happiness for the people of Angola" by Fernando da Piedade Dias dos Santos, then president of the National Assembly, and Bornito de Sousa, who chaired the constitutional commission, said that the charter was "a reflection of equality, of good sense, and true representation of the electorate".[4] However, UNITA member Raul Danda stated that the constitution was "a complete fraud" and that his party was wearing black "because it's like going to the graveyard to bury democracy".[4] UNITA's parliamentary leader Alda Juliana Paulo Sachiambo also spoke out against the new constitution saying that it gave "excessive executive power" to dos Santos.[8] Head of Katiava Bwila University, political scientist Paulo de Carvalho, has spoken against the UNITA claims and said that the party-list system is used in democracies in Europe, Asia and South Africa and that the new document contains many clauses that were in the old constitution.[9]

The original vote of the constitution had been expected in March but was moved to January.[6] There has been speculation that this was to avoid public debate on the matter by holding the vote at the same time that Angola hosts the 2010 African Cup of Nations.[6] Dos Santos had said that as soon as the constitution is passed he will reduce the size of the government and reduce the opportunities for officials to engage in corrupt activities. Angola currently ranks in the top 18 most corrupt countries, according to Transparency International.[10]

Angola at a glance

Country name: Conventional long form: Republic of Angola conventional short form: Angola local long form: Republica de Angola local short form: Angola former: People's Republic of Angola

Government type: Republic, nominally a multiparty democracy with a strong presidential system

Capital: Luanda

Administrative divisions: 18 provinces (provincias, singular - provincia); Bengo, Benguela, Bie, Cabinda, Cuando Cubango, Cuanza Norte, Cuanza Sul, Cunene, Huambo, Huila, Luanda, Lunda Norte, Lunda Sul, Malanje, Moxico, Namibe, Uige, Zaire

Independence: 11 November 1975 (from Portugal)

National holiday: Independence Day, 11 November (1975)

Constitution: 11 November 1975; revised 7 January 1978, 11 August 1980, 6 March 1991, and 26 August 1992; note - new constitution has not yet been approved

Legal system: Based on Portuguese civil law system and customary law; recently modified to accommodate political pluralism and increased use of free markets

Suffrage: 18 years of age; universal

Executive branch: Chief of state: President Jose Eduardo DOS SANTOS (since 21 September 1979); note - the president is both chief of state and head of government head of government: President Jose Eduardo DOS SANTOS (since 21 September 1979); note - the president is both chief of state and head of government; Fernando de Piedade Dias DOS SANTOS was appointed Prime Minister on 6 December 2002, but this is not a position of real power cabinet: Council of Ministers appointed by the president elections: president elected by universal ballot for a five-year term; President DOS SANTOS originally elected (in 1979) without opposition under a one-party system and stood for reelection in Angola's first multiparty elections 29-30 September 1992 (next to be held September 2006) election results: DOS SANTOS 49.6%, Jonas SAVIMBI 40.1%, making a run-off election necessary; the run-off was not held and SAVIMBI's National Union for the Total Independence of Angola (UNITA) repudiated the results of the first election; the civil war resumed

Legislative branch: Unicameral National Assembly or Assembleia Nacional (220 seats; members elected by proportional vote to serve four-year terms) elections: last held 29-30 September 1992 (next to be held September 2006) election results: percent of vote by party - MPLA 54%, UNITA 34%, others 12%; seats by party - MPLA 129, UNITA 70, PRS 6, FNLA 5, PLD 3, others 7

Judicial branch: Supreme Court or Tribunal da Relacao (judges are appointed by the president)

Political parties and leaders: Liberal Democratic Party or PLD [Analia de Victoria PEREIRA]; National Front for the Liberation of Angola or FNLA [disputed leadership: Lucas NGONDA, Holden ROBERTO]; National Union for the Total Independence of Angola or UNITA [Isaias SAMAKUVA], largest opposition party has engaged in years of armed resistance; Popular Movement for the Liberation of Angola or MPLA [Jose Eduardo DOS SANTOS], ruling party in power since 1975; Social Renewal Party or PRS [disputed leadership: Eduardo KUANGANA, Antonio MUACHICUNGO] note: about a dozen minor parties participated in the 1992 elections but only won a few seats and have little influence in the National Assembly

Political pressure groups and leaders: Front for the Liberation of the Enclave of Cabinda or FLEC [N'zita Henriques TIAGO, Antonio Bento BEMBE] note: FLEC is waging a small-scale, highly factionalized, armed struggle for the independence of Cabinda Province

International organization participation: ACP, AfDB, AU, FAO, G-77, IAEA, IBRD, ICAO, ICCt (signatory), ICFTU, ICRM, IDA, IFAD, IFC, IFRCS, ILO, IMF, IMO, Interpol, IOC, IOM, ISO (correspondent), ITU, MIGA, NAM, OAS (observer), SADC, UN, UNCTAD, UNESCO, UNIDO, UPU, WCO, WFTU, WHO, WIPO, WMO, WToO, WTO

Diplomatic representation in the US: Chief of mission: Ambassador Josefina Perpetua Pitra DIAKIDI chancery: 2108 16th Street NW, Washington, DC 20009 telephone: [1] (202) 785-1156 FAX: [1] (202) 785-1258 consulate(s) general: Houston and New York

Diplomatic representation from the US: Chief of mission: Ambassador Cynthia EFFIRD embassy: number 32 Rua Houari Boumedienne (in the Miramar area of Luanda), Luanda mailing address: international mail: Caixa Postal 6468, Luanda; pouch: American Embassy Luanda, Department of State, Washington, DC 20521-2550 telephone: [244] (2) 445-481, 447-028, 446-224 FAX: [244] (2) 446-924

Flag description: Two equal horizontal bands of red (top) and black with a centered yellow emblem consisting of a five-pointed star within half a cogwheel crossed by a machete (in the style of a hammer and sickle)

Source: http://www.travelblog.org/Africa/Angola/fact-gov-angola.html