Angola: Critics slam new law to 'ban demonstrations'

"The law, which was pushed through by the ruling MPLA party, is absurd," said Bangula Quemba, a lawyer and a professor of criminal procedure law at the Catholic University of Luanda.

The so-called vandalism bill, which was signed into law on August 29, penalizes crimes of vandalism of public goods and services. The law also makes it a crime to film or take photos of public services. This means those who take images of a police officer mistreating someone at a rally, for example, face up to 10 years in jail. 

The new law violates key principles of the Angolan constitution, legal expert Quemba said.

"This law was simply passed to prevent critical citizens from participating in demonstrations by threatening them with harsh punishments in the event of riots or property damage," Quemba said. 

"If demonstrators, for example, damage public or private property during a protest — such as by spray-painting a wall — or even call for such actions, this will be considered a severe case of vandalism and punishable by a prison sentence of 20 to 25 years."

It is completely disproportionate, he said, to equate property damage with murder in terms of the length of punishment.

Criminalizing protests

The offenses defined as vandalism in the new law are already covered by other existing Angolan legislation, Quemba pointed out, such as those covering property damage or theft.

"These crimes could already be prosecuted and punished under the long-standing laws. There was no need for a new law specifically targeting vandalism at demonstrations and protests."

For this reason, the new law also potentially restricts the right to peaceful assembly.

"Many Angolans are now afraid of being associated with crimes committed at protests that could send them to prison for 20 years," Quemba said. 

Angola's Minister of Interior, Eugenio Cesar Laborinho, has defended the law, saying the provisions are necessary for public safety. The aim is to ensure that people "properly participate in a gathering" and don't use protests for "chaos and violence."

Serra Bango, chairperson of the human rights organization AJPD (Association for Rule of Law, Peace and Democracy) disagrees with the Angolan government's interpretation.

He also believes that the "Law for Protection Against Vandalism" is intended to deter citizens from exercising their right to protest.

"The right to protest is enshrined in the Angolan constitution and must not be restricted by the government, even under the pretext of preventing chaos and violence," Bango told DW.

Suppressing protests

In addition, he notes, the right to protest doesn't require special approval from any government agency contrary to what police often say. 

For example, heavily armed police arrested dozens of demonstrators and journalists in the capital Luanda gathering for a protest two days after the law was passed.

The security forces told the demonstrators that the protest was not authorized and demanded that they dispose of their banners with slogans like "Freedom for Political Prisoners" and "Down with Oppressive Laws."

But, says human rights lawyer Bango, the law states that protest organizers only need to notify authorities so they can ensure the proper conditions for the demonstration.

Among those temporarily detained were Adilson Manuel, one of the protest organizers, and Paulino Aurelio, a journalist from TV Raiar, a station connected to the opposition UNITA party.

After Manuel's release, he told DW that the civic movement was preparing legal action against the Angolan police for violating the right to protest.

He added that the protests would continue until the law is repealed. 

"For us, this law is another step backward for the democratic rule of law that we want for Angola."

Borralho Ndomba in Luanda contributed to this article

Editor: Chrispin Mwakideu