In a report consulted by Lusa, the ABA (the English acronym for the American Bar Association) considers that Angolan courts should also verify the legality of this article, introduced in the revision of the Penal Code in 2020, taking into account “its clear conflict with the fundamental freedoms and rights of the Constitution, as well as with numerous provisions of international law”.
Article 333 (Outrage against the State, its symbols and bodies) criminalizes public speeches that “insult the Republic of Angola, the President of the Republic or any other Organ of Sovereignty”, such as the National Assembly and the courts, and has already led to the arrest of activists such as Tanaice Neutro, digital influencer Neth Nahara or a young man who made a video blaming the President for social difficulties.
The penalties can range from six months to three years in prison or a daily fine lasting 60 to 360 days if the offense targets, through words, text, drawings or sounds, the Republic of Angola, the President of the Republic or sovereign bodies.
If the offence is directed against the flag, emblem or anthem of the Republic, the prison sentence may be up to two years and the fines up to 240 days.
“Suppressing public debate on matters of public importance, such as health, education and corruption, is not a legitimate objective or purpose that justifies the limitation of freedom of expression”, argues the ABA in the report.
If Angola is to genuinely fulfill its constitutional promise to “promote and defend basic human rights and freedoms of individuals,” its parliament must take “immediate action and repeal Article 333,” the association demands.
For the ABA, Angola’s criminalization of public insult poses a significant threat to freedom of expression and undermines the principles of a democratic society.
Furthermore, “its vague and broad nature” allows the state to punish public speech at its discretion, “with the effect of discouraging public discourse and stifling legitimate criticism of public institutions and officials.”
The ABA was founded in 1878 with a commitment to establishing the legal and ethical foundations for the American nation. Today, it exists as a membership organization and remains committed to its mission of defending freedom and seeking justice.
