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“The law, which was pushed through by the ruling MPLA party, is absurd,” said Bangula Quemba, a professor of criminal procedure law at the Catholic University of Luanda. He told DW the new law violates key principles of the Angolan constitution. The President of Angola, Joao Lourenco, signed the bill into law on August 29.
“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.” Quemba criticized the fact that the law equates property damage with murder in terms of punishment, calling it completely disproportionate.
According to Quemba, the offenses defined as vandalism in the new law are already covered by other existing Angolan laws. For instance, 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 contradicts the right to freedom of assembly. Quemba argued that it infringes excessively on assembly rights and deters many people from exercising their right to protest. “Many Angolans are now afraid of being associated with crimes committed at protests that could send them to prison for 20 years.”
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 do not use protests for “chaos and violence.”
However, Serra Bango, chairman of the human rights organization AJPD (Association for Rule of Law, Peace, and Democracy), differed from the Angolan government. He argued that the so-called ‘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. “The right to protest does not require special approval from any government agency. The law states that protest organizers only need to notify authorities so they can ensure the proper conditions for the demonstration.” However, Bango pointed out that this did not happen for a protest organized by the civic movement two days after the law was passed.
Even before the protest could begin, dozens of demonstrators and journalists were arrested by heavily armed police officersand dog units at the gathering site in the capital Luanda. 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.”
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 party UNITA. After his release, Manuel 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 thedemocratic rule of law that we want for Angola.”
Borralho Ndomba in Luanda contributed to this article
Editor: Chrispin Mwakideu