Angola
Angola has adhered to few terrorism treaties at global and regional level. Its 2020 Constitution, however, pledges international cooperation to tackle terrorism while laws in 2014 (revised in 2020) and 2017 prohibit terrorist financing and terrorism, respectively, prescribing a range of terms of imprisonment depending on the offence. The Penal Code of 2020 defines terrorism as criminal acts aimed at provoking a state of terror in the general public or in a group of people. There is a specific carve-out for the exercise of fundamental human rights in the 2017 counterterrorism law.
The Definition of Terrorism in Domestic Law
The 2020 Penal Code defines terrorism as follows:
Criminal acts aimed at provoking a state of terror in the general public, in a group of people or individuals ... irrespective of political, philosophical, ideological, racial, ethnic, or religious considerations of or of any other nature that may be invoked.Art. 297(1), 2020 Penal Code of Angola.
The Penal Code further determines that terrorism is not subject to a statute of limitations.Art. 129(4), 2020 Penal Code of Angola.
A different and more detailed definition of terrorism is contained in the earlier 2017 counterterrorism law, stipulating that terrorism is a series of predicate offences committed with a view to prejudicing the functioning of State institutions, compelling government conduct, provoking a state of terror in the population, or intimidating a section of the population.Art. 23(1), 2017 Law on the Prevention and Countering of Terrorism, Law 19/17 of 25 August 2017.
The 2017 law explicitly excludes peaceful action in the exercise of fundamental human rights from the application of the legislation.Art. 5(1), 2017 Law on the Prevention and Countering of Terrorism, Law 19/17 of 25 August 2017.
Adherence to Global and Regional Terrorism Treaties
Angola is a State not party to most relevant treaties at global level, although it has adhered to the 1999 Terrorist Financing Convention.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State not party |
1979 Hostage-Taking Convention | State not party |
1997 Terrorist Bombings Convention | State not party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State not party |
At regional level, Angola has adhered to the 1999 Algiers Convention and has signed but not ratified its 2004 Protocol.
Treaty | Adherence |
---|---|
1999 Algiers Convention | State Party |
2004 Protocol to the Algiers Convention | Signatory |
Laws and Penalties for Terrorist Offences
The 2017 Law on Preventing and Countering Terrorism stipulates prison sentences for terrorism offences of between five and fifteen years, potentially increased by one third.Art. 23, 2017 Law on Preventing and Countering Terrorism.
Leading a criminal group, including for terrorist purposes, is punishable under the 2014 Law on Terrorism Financing with between five and twelve years' imprisonment.Art. 8(5), Law No. 3/2014 on Terrorist Financing.Joining such a criminal group whose activities involve arms trafficking is punishable under the Law with between one and five years' imprisonment.Art. 8(2), Law No. 3/2014 on Terrorist Financing.If the group has an "international" character (on the basis it was planned, directed, or conducted in part outside Angola), the penalty is raised by one quarter.Art. 8(4), Law No. 3/2014 on Terrorist Financing.
Unlawful detention resulting in the death of a person is punishable under the Law with between one and five years' imprisonment.Art. 15(4), Law No. 3/2014 on Terrorist Financing.Hostage-taking for terrorist aims is punishable under the Law with between two and eight years' imprisonment.Art. 17(1), Law No. 3/2014 on Terrorist Financing.
Domestic Counterterrorism Capacities and Policies
Counterterrorism action is regulated and authorised by the 2017 Law on Preventing and Countering Terrorism.
Angola does not have a specialised counterterrorism unit in its police force, but does have within its Ministry of Interior a national Anti-Terrorism Monitor, which consists of multisectoral experts who assess potential terrorist threats. The main threat of terrorism in Angola stems from a separatist movement in the oil-rich northern province of Cabinda.