Committee on Economic, Social and Cultural Rights finishes review of the report of Angola

GENEVA (15 June 2016) - The Committee on Economic, Social and Cultural Rights this morning finished consideration of the combined fourth to fifth periodic report of Angola.
 
Presenting the report, Job Graça, Minister of Planning and Territorial Development, reminded that prolonged conflict in the country had prevented proper development.  Nevertheless, in 2010, with the adoption of the Constitution, and after the 2012 general elections, a new system of governance had been established, allowing for protection and promotion of fundamental human rights.  Significant progress had been made in raising life expectancy, improving access to education, healthcare and basic living services, such as water and electricity.  Despite those improvements, the country still faced challenges, such as the fight against corruption, and improvement of transparency and accountability in the management of public funds.    
 
In the ensuing discussion, Committee Experts raised questions on the ratification of the Optional Protocol of the Covenant, inadequate and insufficient data collection, threats against human rights defenders, the rights of migrants and indigenous peoples, widespread corruption, unemployment, illicit financial flows, women’s right to inherit land, and the extent of universal social coverage.  They also pointed out the issue of undernourishment and food security, prevention of teenage pregnancies and early marriages, poverty reduction programs, housing deficit and forced evictions, economic exploitation of children, birth registration and granting of citizenship, the status of minority languages in schools and the high school dropout rate among girls. 
 
In his concluding remarks, Renato Zerbini Ribeiro Leao, Committee Member and Country Rapporteur for Angola, commended the useful answers provided by the delegation and its constructive participation in the dialogue.  All the efforts made by the Government aspired to uphold human dignity and human rights.
 
In his concluding remarks, Mr. Graça noted that the Government would carefully consider how to best implement the Committee’s recommendations.  Many of those recommendations coincided with the Government’s own priorities, which were deeply committed to sustainable development.

Concluding the meeting, Waleed Sadi, Committee Chairperson, expressed hope that whatever conclusions the Committee adopted would be useful to the State party, adding that he would like the Committee’s conclusions to be taken on board by the Government. 
 
The Committee will next meet in public at 3 p.m. today to consider the sixth periodic report of the United Kingdom (E/C.12/GBR/6).
 
Report
 
The combined fourth to fifth periodic report of Angola is available here: E/C.12/AGO/4-5.  
 
Presentation of the Report
 
JOB GRAÇA, Minister of Planning and Territorial Development of Angola, stated that one third of the country’s 40 year-long independence had been lived in the times of war, which had taken thousands and thousands of lives, destroying schools and infrastructure.  Nevertheless, it was peace that gave hope to the people of Angola for a better future.  In 2008, the country had held the first general elections since the end of the conflict.  In 2010, it had adopted a Constitution, and after the general elections of 2012 a new system of governance had been established, within which the Constitution elevated certain fundamental rights to the highest level.  The Ministry of Justice and Human Rights was now tasked with ensuring that those rights were promoted and respected.  
 
The life expectancy in the country had significantly increased, from 44 to 60 years over the previous 15 years.  Significant progress had been made in the number of schools and in access to education.  In the same vein, the illiteracy rate had decreased, and today some 70 per cent of the population was literate. Investments in healthcare had led to the construction of hospitals in every municipality, allowing for the  reduction in infant and maternal mortality.  The Government also planned to eradicate polio, malaria, yellow fever, and reduce the level of HIV infections. 
 
Between 2002 and 2015, public investments had resulted in 19,176 kilometers of reconstructed roads, 1,138 bridges, and three railways.  The country’s capacity to produce electricity had increased and the goal was to provide electricity to many more families.  The Government’s Long-Term Strategy for Development, Angola 2025, contained 229 programmes and 11 national policies across different sectors.  One of the principal measures was the acceleration of economic diversification in order to safeguard the rights of the most vulnerable Angolans.  Despite those improvements, the country still faced challenges, such as the fight against corruption, improvement of transparency and accountability in the management of public funds and patrimony.  The State party called on the international community to continue its efforts to preserve the stability of the African continent, which had not known substantial development due to frequent tensions.
 
Questions by Experts
 
RENATO ZERBINI RIBEIRO LEAO, Committee Member and Country Rapporteur for Angola, asked whether the State party had an intention to ratify the Optional Protocol of the Covenant.  He also wanted to know whether Angolan citizens could directly invoke the Covenant in court proceedings.  He also wondered what could be expected from the current legislative reform. 
 
Keeping in mind deep inequalities in the country, it was necessary to create a reliable statistical apparatus in order to gain valuable information that would inform relevant public policies and remedies.  The Expert voiced concern over the threats against human rights  defenders, noting that the country did not have an independent human rights commission in line with the Paris Principles.
 
Mr. Leao also raised a concern over the rights of indigenous peoples, and widespread corruption. 
 
As for the treatment of migrants, there was a worry about the lack of respect for international norms.  The Expert highlighted the persistence of stereotypical and patriarchal attitudes towards women.  What measures were adopted to combat discrimination, especially with respect to women’s right to inherit land?  What steps were taken to end segregation at work and less paid jobs for women in the informal sector?
 
Another Expert underlined the issue of inequality as a central element in evaluating the respect of economic, social and cultural rights.  He highlighted the problem of illicit financial flows, which accounted for seven per cent of the Angolan Gross Domestic Product. 
 
An Expert asked for data on unemployment and on measures taken to protect the most vulnerable groups.  The right to strike was insufficiently protected.  What were the legal provisions for the right of workers to strike?
 
The delegation was reminded that the social sector was one of the first victims of economic crises.  Did Angola plan to diversify its sources of financing?  As for the universal social security coverage, it was noted that workers in the informal sector were excluded.  Did the State party engage in any dialogue with the International Labour Organization to extend the social security coverage to the entire population?
 
Replies by the Delegation
 
The delegation said that courts in Angola applied all ratified international covenants and courts had an obligation to apply them.  However, certain covenants were subject to transposition.  The independence of the judiciary was guaranteed and would be reinforced through the ongoing reform of the judiciary.  As for the customary law, it was applicable as long as it did not impede the realization of fundamental human rights.  That meant that women had the right to claim their inheritance of their fathers and husbands in front of courts when that rights was denied to them by the customary law.   
 
Like in other countries, the office of the Ombudsman was the national institution for the defense of human rights.  A proposal to change the Law on Ombudsman was being considered by the Parliament.  Generally speaking, the statute of the Office of the Ombudsman was in line with the Paris Principles.
 
As for the gathering of reliable and regular statistical data on unemployment, the delegation informed that a process was underway to institutionalize it.  In 2014, the unemployment level had stood at 24 per cent for men, and 25 per cent for women. 
 
With regard to concerns raised about widespread corruption in Angola, the delegation rejected that observation as an unjust accusation.  Angola was a party to the Convention of the African Union on the Prevention and Fight against Corruption.  It was also a founding member of the Kimberley Process on the purchase and sales of diamonds on the official market, a process which aimed to prevent financing of illegal operations through the use of natural resources.  In order to improve the transparency of the Government’s work, a law had been passed in 2010 requiring that high-ranking officials had to present a declaration of their property to the State Attorney.  A system of administrative control was in place to inspect actions of the State in certain areas, such as health and education, for example, as well as external control of the State budget.
 
Economic diversification was part of the Angola 2025 strategy, and it depended on the development of strategic infrastructure, such as roads, water and electricity distribution networks, and the availability of competent human resources.  A relative diversification was evident in the share of the oil industry in the national economy, amounting to 52 per cent in the beginning of the 2000s, and 30 per cent today.  The volatility of the international oil market had made economic diversification a strategic choice.  Agriculture and fishing were some of the underused economic sectors which could be utilized to increase employment and thus serve as  a means to eradicate poverty.  More than 700,000 jobs had been created in the recent period, said the delegation.
 
Questions by Experts
 
Between 1999 and 2012 the undernourishment rate in the country had decreased.  Nevertheless, the problem of malnutrition remained.  Since the majority of the poor lived in rural regions, it appeared that disaggregated data would help identify the hotspots of malnutrition.  As for the country’s food development strategy, was their an intention to institutionalize that strategy?  Was there any plan to have a framework law on food security?  Was civil society represented in discussions on food security strategy?
 
One Expert asked for more information about the national plan for natural disaster preparedness and its funding.
What were the steps taken to prevent teenage pregnancy?  The Expert commented that there was a need for comprehensive sexuality education in schools that was non-biased and evidence-based. 
 
What poverty reduction programmes were adopted and implemented to target the high number of people in Angola living in poverty, especially the most vulnerable groups, such as women, street children and indigenous peoples?
 
Question was also asked about steps taken to reduce the housing deficit and results that were achieved.  How successful was the national housing program?  How many people lived in slums?  In 2014 the Parliament passed a resolution on forced evictions.  Was it implemented?  Was there a legal framework governing evictions in line with international standards?
 
With respect to the right to health, there was an enormous drop in maternal mortality cited in the country’s official statistics.  Were those figures accurate? 
 
Concerning data on illicit capital flows, those were available in United Nations studies. 
 
Was polygamy forbidden in Angola and what measures were adopted to bring that practice to an end?  The State party was asked to provide more information on violence against women and girls, and on early marriages.  Did any of the adopted measures manage to reduce the phenomenon?
 
An Expert wanted to know about national plans for birth registration.  It appeared that the problem had persisted in case of refugee and asylum-seeking children.  Was the acquisition of an Angolan nationality for the children of foreign citizens born in Angola possible?
 
On economic exploitation of children, one Expert noted that they were recruited in the worst forms of labour, such as deep-sea fishing. 
 
Access to education had increased.  Nevertheless, the goal of universal and free access to education still had not been achieved.  What were plans to ensure universal access to education?  What was the timeframe to achieve that commitment? Keeping in mind the poor results in pre-primary and primary education, what were plans to tackle that serious problem?  What specific actions were taken to foster access to education in rural areas? 
 
Programmes to introduce indigenous or local languages into the education system had been adopted.  However, the Government had taken only cautious steps in that direction.  As for the school dropout rate, there was a much higher rate among girls.  What were the reasons behind that situation? What measures were taken to stifle the causes?  The quality of education depended to a large degree on teacher trainings and salary levels.  What measures were taken in that respect?
 
Concerning minority or indigenous languages, were there opportunities to use those languages in public and cultural life?  What policies were pursued to foster cultural expression in minority languages?  Having in mind the disappearance of the Bolo language, what measures were taken to keep minority languages alive?
 
What share did the education system receive from the national budget in past two or three years, asked an Expert.  There was a high illiteracy rate among women.  What measures would be taken to address that situation?   
 
As for the issue of inheritance, an Expert observed that women could not expect, especially those in rural areas, to bring cases to the court.  How did the State party ensure that those women in rural areas, who did not know their rights, were informed about their rights?  Was there any legal assistance provided to them, and was there any monitoring system in place?
 
What was the situation in Angola with regard to access to the Internet?  What steps were taken to enable people to effectively use the Internet?
 
Replies by the Delegation
 
As for the language situation and cultural rights, the delegation informed that Portuguese coexisted with local languages.  Some 71 per cent of young Angolans spoke Portuguese at home, whereas  29 per cent spoke one of the national languages.  The Constitution recognized linguistic minorities.  Languages were protected as a cultural heritage of the country and as a vehicle for the expression of national identity.  A resolution had been approved in May 2016 on languages in order to introduce scientific rules for the writing of national languages.  The use of national languages in cultural and social life was administered at primary and secondary school levels, and there was a degree offered at universities.  A national institute was created to study national languages.  National languages were widely used in cultural expression.  All those achievements could be enhanced with a new legal instrument to regulate the status of national languages, which was currently discussed in the Parliament.  The delegation said that there were four ethno-linguistic groups in Angola.  There were specific social service programmes for those groups that were migratory.  There were three extinct languages, and another one that might die out. 
 
As for the access to land and land disputes,  the laws regulated those issues and there were courts competent to settle such disputes, said a delegate. 
 
The right to unionization and the right to strike were enshrined in the Constitution.  There were currently three union confederations, comprising 152 trade unions.  A law regulated trade union activity guaranteed that workers could freely join those associations.  Angola had ratified all key resolutions of the International Labour Organization.  Despite the difficulties in economic climate, the Government had been adopting measures to stabilize the macro-economic environment.  Transformation of the informal economy into formal one was one of the Government’s priorities in order to bring people into social security system and contribute to tax collection. 
 
As for the national minimum wage, the delegation stated that it varied across different sectors.  The Government was engaged in the discussion on social protection floor mechanisms.  Transitional measures needed to be applied in the context of moving the informal economy into formal one. 
 
Access to sufficient, safe and nutritious food meant that Angola needed to have food security.  A national programme aimed to increase and improve the provision of goods and service in the agricultural sector in sustainable fashion.  Between 2011 and 2013, the Government invested in three fish processing centres in order to guarantee high product and hygiene standards.  Due to their construction, a certain number of women had been able to be lifted from the informal market into a formal one.  They received credit and trainings in fishery products.  In 2015, the Government had trained 226 young fishermen in food security, handling fish and product control.  The food security programme was an inter-sectorial one.  According to the Food and Agriculture Organization, Angola was the African leader in meeting the Millennium Development Goals on fighting poverty and hunger.  An early warning system for food security had been implemented through the building of weather stations.  Access to loans for agribusinesses was one of the Government’s priorities in farming policies.   
 
On access to the Internet and its use in the education sector, the delegation informed that, according to the 2014 census, 10 per cent of the population had access to the Internet, and some 10 per cent had a computer.  There were currently eight multimedia libraries in the country, and were used by some one million people.  Another four multimedia libraries would be constructed. 
 
Since ten years ago, most Angolans had lived in urban areas.  The Government had paid special attention to rural areas, especially to women, children and the elderly.  They benefited from programmes in farming, framing, fertilizers, micro loans and literacy programmes.  Households were being connected to water networks.  Rural poverty had been reduced considerably. 
 
Regarding the provision of social services, the Government’s commitment to meet people’s needs had remained constant.  The education budget stood at 7.5 per cent of the overall national budget.  In the health sector it amounted to 5.5. per cent, and to 11 per cent in in the area of social security.  The overall social protection budget for 2016 consisted of  USD 4 billion in education, USD 3 billion for health, and USD 8 billion for social protection. Some 3,500 medical doctors had been recruited in order to meet people’s needs.   Health centres existed throughout the country and health data were collected through household surveys.  Data were collected on women, children and men. 
As for employment figures, the data provided by the delegation encompassed data for the informal sector, too.  No distinction was drawn between employment in informal and formal sectors because in Angola employment in the informal sector played a very important role. 
 
On the issue of the freedom of association, the delegation said that that right was enshrined in the Constitution.  Complaints could be lodged by citizens through various mechanisms, such as to the Prosecution Service, police or the Attorney General Office.  As for the registration of civil society associations, a number of administrative requirements present in the previous laws had been removed.  In order to achieve a definitive registration, the articles of the association had to be reviewed by the Attorney General’s Office and relevant Ministries. Private associations were represented in many Government and local authority councils.   
 
Not all births were registered in Angola for various reasons, which was why a presidential decree of 2013 had waved fees for birth registration, regardless whether parents were Angolan or non-Angolan citizens.  The Government sought to extend birth registration to all areas of the country, while also trying to reduce the red tape.
 
As for the absence of a general anti-discrimination law, the delegation stated that the Government was open to the proposal that it be adopted.  Bills and preliminary draft laws dealt with discrimination.  With respect to dealing with women from rural areas with no access to courts, there were community consciousness exercises and campaigns in order to inform rural women of their rights.  Civil society associations also played a great role in providing them with legal assistance.  There was a mechanism for ensuring that people received expeditious access to legal assistance and to ensure that they did not pay excessive fees. 
 
The right to work was enshrined in the Constitution.  The State party ensured that its citizens had access to the labour market.  All workers had the right to freely choose work with equal conditions and no discrimination.  If there was a violation of workers’ rights, workers had a right to file a complaint. 
 
Although the Family Code stipulated for monogamous marriages, polygamous unions still existed under the customary law.  Customary practices which were not against the law were not prosecuted.  Early marriages were possible with parents’ consent, but those were exceptional cases, informed a delegate. 
The Government was well aware of the problem of teenage pregnancies, but it was still not familiar with its scale.  It was currently drafting a health programme for young people.  All hospitals and maternal centres provided free consultation services and contraceptives.  
 
Responding to a question on discrimination against asylum seekers and migrants, the delegation stated that they enjoyed access to housing, health and education.  The legal system recognized asylum and all foreigners could be given asylum for political reasons. 
 
Since 2006, an integrated programme for combating poverty had been in place, with a focus on rural poverty.  It provided for the provisions of basic services, such as water delivery, building of schools and hospitals.  There was a need to decrease the risk of hunger and clamp down on HIV, as well as to improve access to primary healthcare and education, rebuild infrastructure, and create a stable macro-economic environment.  In order to combat poverty, there were relevant labour programmes with a focus on women.
 
As  for child labour and violence against children, a delegate said that there was a serious concern about that issue and there was a national strategy to combat that scourge.   Laws were approved to protect the rights of women, including a Law against Domestic Violence.  Some 27 counselling centres were set up and seven shelters for victims of domestic violence. 
 
There were national programmes and projects, as well as local ones, which aimed at keeping students in the education system.  The goal was to provide young people with skills and knowledge, and to create the spirit of entrepreneurship.  As for the timeframe for achieving the Millennium Development Goals in education, there were long-, mid- and short-term goals, which reflected Angola’s commitment to gradually creating  necessary conditions for primary education compulsory and junior secondary school. 
 
Angola had a whole tapestry of languages.  Some four million children were taught national languages.  The Government tried to increase the number of languages available in schools.  As for the question on the high school dropout rates among girls, it was due to the traditional mindsets.  Ministries worked on a strategy to reactive gender and human rights offices in provincial education offices, including by extending school access to rural areas.  With respect to the quality of teaching, national programmes on skills improvement were in place.  Many teachers had regrettably shortcomings in pedagogical skills. 
 
Follow-up Questions by Experts
 
One Expert asked for clarification on the social protection floor.  One of the main aims of the social protection floor was to encompass those persons working in the informal sector.  As for social expenditure, how was it affected during the times of crises?  Were there any desegregated data on vulnerable groups?
 
The explanation on the right to work provided by the delegation was inconsistent, noted the Expert, especially with respect to forms of forced labour.  The right of trade unions to collective bargaining.  There was no information on labour inspectors.  Were there any data available on the results achieved in the process of transformation of informal into formal economy? 
 
How many cases were brought by women on domestic violence both in rural and urban areas?  Was it not ultimately the Government’s responsibility to fight against discrimination in practice? It was thus necessary to have a national strategy and action plan to combat the customary discriminatory practices against women. 
 
The census of 2014 had been a major step forward in the collection of statistical data.  However, the delegation did not reply to the question on the spectacular drop in the rate of maternal mortality, noted an Expert.
 
RENATO ZERBINI RIBEIRO LEAO, Committee Member and Country Rapporteur for Angola, underlined the issue of indigenous peoples.  Was there a specific framework for indigenous peoples?  He also raised the issue of access to health care in rural areas.
 
As for the National Strategy to Food Security, what was the administrative set up of that initiative and who could participate in the process?
 
One Expert expressed concern that the Constitution did not recognize linguistic diversity, which could undermine the principle of equality and thus violate the spirit of the Covenant. 
 
Replies by the Delegation
 
Regarding the right and duty to work, the delegation noted that perhaps there were some interpretations problems.  The fact that work was duty presupposed that citizens actively searched for work.  It did not mean that they were forced to work, and there was no forced labour in Angola. 
 
With respect to the question on a law covering indigenous peoples, the Constitution did not specifically recognize indigenous peoples.  The Constitution dealt with all ethnic groups on the same footing so there could be no separate mention of indigenous groups. 
 
As for the State’s duty to protect economic, social and cultural rights of rural women, the delegation informed that civil society organizations who were the Government’s partners played an additional role in informing rural women of their rights.  Nonethtless, it was first and foremost the State’s responsibility to protect the rights of rural women. 
 
The National Health Development Plan was being implemented and it offered some findings on mental health.  There were 31 health units, from primary to tertiary healthcare.  The census of 2014 had shown that there were some 700,000 persons with disabilities, out of whom some 150,000 had mental illness.
 
As for the housing deficit, in 2008 the Government had implemented the National Housing Programme, with six sub-programmes.  It intended to cover the needs of all, without any discrimination, and aiming to provide access to the most vulnerable groups.  The State intended to work with the private sector to solve the housing deficit.  Rural housing development plans had also been drawn up.  Already 68,000 plots of land had been allocated for assisted building of houses.  Citizens could access public housing through rental, conditional property, or upfront payment.  Evictions could only be ordered by a court and normally occurred when people encroached other people’s property, or when houses were built on risky ground. 
 
Concluding Remarks
 
RENATO ZERBINI RIBEIRO LEAO, Committee Member and Country Rapporteur for Angola, commended the useful answers provided by the delegation and its constructive participation in the dialogue.  All the efforts made by the Government aspired to uphold human dignity and human rights.
 
JOB GRAÇA, Minister of Planning and Territorial Development of Angola, thanked the Committee for the valuable and constructive comments, which would contribute to the strengthening of the national human rights mechanisms.  The Government would carefully consider how to best implement the Committee’s recommendations.  Many of those recommendations coincided with the Government’s own priorities.  Those aims would require efficient actions across various sectors within the framework of the Angola 2025 strategy.  Mr. Graça emphasized the importance of the dialogue.  The Government was deeply committed to sustainable development, which was a long-term process on the basis of five-year plans.  It was important to consolidate achieved results.     
 
WALEED SADI, Committee Chairperson, expressed hope that whatever conclusions the Committee adopted would be useful to the State party, adding that he would like the Committee’s conclusions to be taken on board by the Government. 

 __________

For use of the information media; not an official record