Angola: Office of the Ombudsman

Updated August 2009

The Constitution of Angola 1992 (Articles 142-144) prescribes that the Ombudsman (Provedor di Justiça) be appointed with a two thirds majority of the National Assembly and be sworn in by the president of the National Assembly; the Ombudsman is appointed for a four-year term and may be reappointed for another four-year term. These articles further describe the office of the Ombudsman as an independent public body, whose purpose is to defend the rights, freedoms and guarantees of citizens ensuring by informal means the justice and legality of the public administration. It is mandated with defending the rights, liberties and privileges of citizens, either individually or collectively, in relation to public administration, public institutions, or the public domain. The position and office of the Ombudsman was established after the Angolan National Assembly approved the Statute of the Judicial Ombudsman and the Organic Law establishing the Office of the Ombudsman in 2005 (Law 4/06 and Law 5/06, both published 28 April 2006).

The Ombudsman cannot take matters directly to court and can only address some issues with the President's approval. The office is authorised to respond only to officially submitted complaints, except in cases of flagrant human rights violations, in which case no official complaint would be required. The Ombudsman has the authority to make recommendations and suggest corrective measures, but he does not have the power to annul, revoke or modify the powers of any public entity (Bureau of Democracy, Human Rights and Labor 2007) .

In 2005 the National Assembly appointed the first Ombudsman and his deputy. Paul Tjipilika, a former Justice Minister, is Angola's first Ombudsman and he enjoys the status of a government minister. The Ombudsman's reports are to be presented to parliament. By February 2008, more than a thousand complaints had been lodged by citizens, both directly or through telephones and letters (Bureau of Democracy, Human Rights and Labor 2007). The National Assembly approved a budget for 56 staff in 2005. However, the expansion and functioning of the Ombudsman's office has been affected by the lack of appropriate accommodation and qualified personnel.

References

BUREAU OF DEMOCRACY, HUMAN RIGHTS AND LABOR 2007 Country Reports on Human Rights Practices 2006: Angola.

CONSTITUTIONAL LAW OF THE REPUBLIC OF ANGOLA, 1992, [www] http://aceproject.org/ero-en/regions/africa/AO/angconst [opens new window] (accessed 10 Mar 2010).

LAW 4/06 (statute of the Ombudsman).

LAW 5/06 (organic law of the Office of the Ombudsman).