What does Angola’s new Constitution mean for democracy?

On 21 January 2010 the National Assembly of Angola passed a new Constitution into law that replaces the Constitution of 1992. The main opposition party, UNITA, boycotted the session, stating that the ruling MPLA party had abused its majority, in favor of increasing the powers of the President and undermining democracy.

In September 2008, the MPLA (Popular Movement for the Liberation of Angola) won the country's first legislative election in 16 years by an astounding 83 % on a promise of stability for the once war-torn country. The relatively free and fair elections, raised many hopes within the country and beyond, that the country had taken an important step towards democratisation. Presidential elections were expected to take place in 2010 although the issue of presidential elections was firmly tied to the conclusion of Constitutional reform process.

Public consultation process:

The reform process itself had criticised by national and international civil society as lacking commitment to ensuring meaningful participation and public consultation. A period of 15 days was given for nationwide public consultation of the three final Constitutional proposals in November of last year (2009).

Trócaire in Angola partners joined other Angolan civil society actors in recommending an extension of this period to at least 4 months in recognition of the communication and logistical challenges associated with the implementation of such a consultation process in Angola, to ensure as wide participation as possible in the national debate. The period was not extended and a final draft constitution was developed and submitted to parliament in December 2009, with an initial expected approval deadline of March 2010.

In January, with the nation gripped by the African Cup of Nations, of which Angola was host, the new Constitution was approved in parliament. 

Key elements of Angola’s new Constitution:

•    The President will no longer be directly elected. Instead the person that heads up the list of the party that gains the most votes in the legislative election will automatically become president.
•    The post of Prime Minister is abolished and executive responsibility concentrated in the hands of the president.
•    The president is empowered to appoint the judges of the Constitutional Court, Supreme Court and the Court Audit- the high-court in Angola responsible for reviewing legal issues on public expenditure.
•    The new constitution maintains the status of Angola's oil-producing exclave of Cabinda , where separatists from FLEC have fought more than three decades of war against the government, in a bid for autonomy.
•    Land belongs to the state. Only the state has the right to grant land concessions and these concessions can only be given out to Angolan nationals or companies.
•    The Constitution provides numerous guarantees of individual freedom and prohibits discrimination based on colour, race, ethnic identity, sex, place of birth, religion, level of education, and economic or social status.
•    Abolition of death penalty.
•    Office of the National Ombudsman (Provedore de Justiça) enshrined in Constitution, with responsibility to defend the rights, freedoms and guarantees of citizens, to assure the justice and legality of the public administration.

What does this mean for Angola’s democratic development?

The Constitution of a country reflects its nature and character, its political philosophy and structure. Since the ending of conflict in 2002, Angolans have been striving for a better future and, for many, this is tied to ensuring democracy fully takes root in the country. Whilst protecting some important rights and freedoms of Angolans, certain key elements common to Democracies seem to be lacking in the new Constitution which raise concerns over the future democratic development of Angola. Traditional checks and balances associated with the effective separation of powers between the legislative, executive, and judicial wings of Government are no longer present. Many are now concerned about the future democratic development of the country.

Angola is at a cross-roads.