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Alert

ARTICLE 19 examines freedom of expression and access to information situation in light of upcoming elections

(ARTICLE 19/IFEX) - The following is a 26 May 2006 ARTICLE 19 press release:

ANGOLA - Freedom of Expression and Elections

FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION
OVERVIEW AND CONCLUSIONS ON THE ANGOLAN SITUATION REGARDING THE UPCOMING ELECTIONS (Late 2006/Early 2007)

Background

Angola held its last elections in 1992. In 2004, the ruling MPLA set a target date of September 2006 for multiparty elections. But Angola's National Electoral Commission has said that the six-month-long campaign to register the country's voters for post-civil war elections will likely only begin in June or July, which would almost certainly delay the holding of the long-awaited polls until 2007.

President Jose Eduardo dos Santos has said recently that the post- war presidential and legislative elections might take place this year, but would be held no later than 2007. Opposition parties, led by the former UNITA insurgents who put down their weapons in April 2002, have insisted the polls take place this year.

The multi-party constitution that came into force before the 1992 elections promised free expression, the right to form political parties, and the right to protest peacefully: However, freedom of expression and other basic rights have not been effectively protected by the Angolan government.

The restrictions that remain are sufficient to undermine the principles of democratic governance. The government of Angola needs to make sure that opposition leaders and supporters be granted the opportunity to express their views peacefully without fear of reprisals. The government should also lift the remaining restrictions on the private media, and in particular allow non-government radio stations to broadcast throughout the country.

The private media in Angola are largely independent of party politics and are often critical of government, but the state controls the only daily newspaper and the only non-satellite television station. Radio broadcasting, the medium accessible to most Angolans, remains a government monopoly in most parts of the country, with private radio stations available only in a few cities. The Catholic broadcaster, Rádio Ecclésia, is currently the most accessible source of independent news in the capital, but has been barred from extending its broadcasts to other areas of the country.

Relevant Legislation

- Access to Administrative Documents Act 2002 [To date we have not been able to ascertain if any of its provisions have been implemented]
- Electoral Act 2004 [Establishes the National electoral Commission (CNE). CNE members are appointed by a variety of political actors (the President, the ruling party, opposition parties, the Supreme Court, Ministry of Territorial Administration, National Council of Social Communication) to ensure wide representation. Both private and public media are required to provide free and equal time to candidates and parties according to a programme laid out by the CNE. The CNE is tasked by law with voter and civic education through use of the media]
- Electoral Registration Law 2005
- Political Parties Law 2005
- Electoral Observation Law 2005
- Media Act 2006 [To date we have not been able to access a copy of the act; it is reported to end the state monopoly on broadcasting. We have also not been able to get confirmation if the act was promulgated by the President. If this has not happened then the law is null and void and the old act is still in force]
- Press Law (Lei de Imprensa, No. 22/01) 1991 [See above]

ARTICLE 19 recommendations to the Angolan Government:

- Repeal any laws that restrict freedom of expression in breach of international law and standards, including criminal defamation laws and any restrictive provisions remaining in the Angolan Press Law (Lei de Imprensa,. 2006).
- Immediately implement and promote the Access to Administrative Documents Act 2002 to allow access to government information. Administrative measures should be put in place to enhance the transparency of public administration and minimize official secrecy.
- Make a special effort to investigate all acts, or threatened acts, of violence, intimidation or harassment directed against media personnel, or any act of destruction of the property or premises of a media outlet, particularly where there is any reason to believe that the act was motivated by an intent to interfere with media freedom, and to bring those responsible to justice.
- Establish an independent fair and open process for the allocation of radio and television broadcasting frequencies and the granting of licenses.
- Issue a clear statement to the public and private media that the media are encouraged to broadcast election-related programmes, and that the media will not be penalized in any way for broadcasting programmes merely because they are critical of the government, its policies or the ruling party.
- Introduce regulations to entrust the CNE during the election period with ruling on complaints that media coverage violated the general laws, including laws against defamation and incitement to hatred or violence. This body should be empowered to order a right of reply, correction or retraction, and its decisions should be subject to review by the courts.
- Extend an invitation to the African Commission on Human and Peoples' Rights Special Rapporteur for Freedom of Expression to visit Angola to examine freedom of expression and assist the Commission to discharge its mandate during such a visit.