Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Forced Labour Convention, 1930 (No. 29) - Angola (Ratification: 1976)

1. Article 2(2)(c) of the Convention. Civic service. In its previous comments, the Committee noted that work or services exercised by virtue of military laws or civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, by virtue of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by a regulation. The Committee asked the Government to provide information on the texts regulating civic service of general interest. The Committee notes that the Government, in its latest report, states that although the law establishes compulsory military service, in practice military service is of a selective nature. The Committee requests the Government to provide further information on the civic service – whether it be the civic service of general interest referred to in section 4 of the General Labour Act or the civic service which is an alternative to compulsory military service. The Government is also requested to indicate whether these services have been implemented in practice and, if so, to supply copies of the legislative texts regulating them.

2. Article 2(2)(d). Powers of requisition. In its previous comments, the Committee noted the Government’s indication that Decree Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which grant powers to requisition workers beyond those authorized under Article 2(2), of the Convention, had fallen out of use and had been tacitly repealed following the adoption of the 1992 Act amending the Constitution and the 2000 General Labour Act. The Committee notes the absence of any new elements in this regard and continues to consider that the formal repeal of these decrees is necessary in order to avoid any legal ambiguity and ensure that positive law reflects practice.

3. Articles 1(1) and 2(1). Trafficking in persons. In its previous direct request, the Committee asked the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons, on the relevant provisions in legislation and on any difficulties encountered by the authorities in this area. In its report, the Government states that it is not aware of any trade or trafficking in persons. The Committee notes, however, that Angola is one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM). In 2006, within the framework of this programme, the IOM organized activities (round table, workshop) on the fight against human trafficking in Angola. Angola is also one of the countries covered by a research project which should lead, in particular, to the publication in 2008 of a study on the characteristics of trafficking in Angola. The Committee requests the Government to provide detailed information on the measures taken to combat trafficking in persons in terms of both prevention (activities to raise public awareness of persons exposed to this risk; training activities for professions confronted by this practice: police, magistrates, etc.) and suppression (adoption of legislative provisions that criminalize trafficking in persons, for instance in the new Penal Code yet to be adopted, including the arrest and punishment of perpetrators).

4. Adoption of a new Penal Code. The Committee notes the Government’s indication that the working group coordinated by the Ministry of Justice to revise penal legislation has not completed its work. The Committee has seen on the Government’s web site that a draft Penal Code has been finalized and that it should be adopted in the very near future. The Committee asks the Government to communicate a copy of this text once it has been adopted and to provide information on its impact on the application of the Convention.