Request for Revocation, submitted to the Constitutional Court, of the Decree Establishing the Institute for the Supervision of Community/NGO Activities
Presidential Decree No. 214/24 of October 18
By Friends of Angola
The Parliamentary Group of UNITA has submitted a formal request to the Constitutional Court for successive abstract review seeking the revocation of Presidential Decree No. 214/24, dated October 30, which established the Institute for the Supervision of Community Activities (ISAC). The action is based on the following main arguments:
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Usurpation of Legislative Powers: The Decree is seen as an attempt by the Executive to legislate through administrative means, bypassing the National Assembly, which violates the principle of separation of powers and the absolute legislative competence reserved for the National Assembly (Article 164 of the Constitution).
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Violation of Freedom of Association: ISAC is granted supervisory and regulatory powers over civil society organizations (NGOs), directly interfering with the fundamental right to freedom of association enshrined in the Constitution.
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Precedent of Unconstitutionality: The Decree is considered a repetition of Presidential Decree No. 74/15, previously declared unconstitutional by the Constitutional Court in Ruling No. 447/2017, for the same reasons of violating freedom of association and the principle of legality.
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Non-Compliance with FATF Recommendations: While the creation of ISAC is justified as a measure to combat terrorism financing, the Financial Action Task Force (FATF) itself recommends proportionate, risk-based measures, rather than a general and restrictive regime applied to all NGOs.
Given these grounds, the UNITA Parliamentary Group requests the Constitutional Court to declare the material unconstitutionality of Presidential Decree No. 214/24 and to order the termination of its effects.
This is, therefore, a crucial debate concerning legality, separation of powers, and fundamental rights and freedoms in Angola.
Read the whole document here: Pedido de revogação ao TC do Decreto Presidencial n.º 214:24 de 18 de outubro _ ISAC