National Action Program for Angola under the Environmental Protection and Sustainable ...

37 Pages·2010·0.14 MB·English

National Action Program for Angola
under the
Environmental Protection and Sustainable
Management of the Okavango (EMPSO)
River Basin Project

Policy and Legislation Analysis
(Draft 1)

by
Vladimir Russo

for
the Food and Agriculture Organisation (FAO)

September 2010

Luanda, Angola
Contents

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1. Abbreviations
ADRA Acção para o Desenvolvimento Rural e Ambiente (Action for Rural Development and
Environment)
AEIN African Environment Information Network
BCLME Benguela Current Large Marine Ecosystem
BENEFIT Benguela Environment Fisheries Interaction and Training
CIA Central Intelligence Agency (USA)
CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora
CNRF Comité Nacional de Recursos Fitogenéticos (Genetic Resources National Committee)
CTMA Comissão Técnica-Multisectorial do Ambiente (Technical Commission for the
Environment)
ENA Estratégia Nacional do Ambiente (National Environmental Strategy)
ENDIAMA Empresa Nacional de Diamantes de Angola (State national diamond company)
FAO Food and Agriculture Organization of the United Nations
GEF Global Environment Facility
IDF Instituto de Desenvolvimento Florestal (Forestry Development Institute)
INIP Instituto Nacional de Investigação Pesqueira (National Fishery Research Institute)
ISPRA Instituto Superior Privado de Angola
IUCN World Conservation Union
JEA Juventude Ecológica Angolana (Ecological Youth of Angola )
PECA Programa de Educação e Consciencialização Ambiental (Environmental Education and
Awareness Programme)
PNGA Plano Nacional de Gestão Ambiental (National Environmental Management Plan)
Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat
SADC Southern African Development Community
SAIEA Southern African Institute for Environmental Assessment
SARDC Southern African Research and Documentation Centre
Sonangol Sociedade Nacional de Combustíveis de Angola (National Fuel Company of Angola)
UNDP United Nations Development Programme
UNEP United Nations Environment Programme
WFP World Food Programme
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2. Background
1. The field of environmental and water-related legislation in Angola has been
marked by the introduction of a number of revisions to previous laws from the colonial
period, and also by the development of new, innovative environmental acts and
decrees. The reason for such revisions is that most of the current legislative framework
on environmental and water-related matters was developed either during the colonial
period or during the 1980s, the period immediately after independence. Most of these
acts and decrees were either outdated, not considering the current Angolan context, or
do not reflect many of the recommendations from multilateral environmental
agreements and environmental protocols recently signed and ratified by the Angolan
Government.
2. In addition, a number of environment and water-related laws have been
approved in the recent years but are not yet fully enforced; these will be described
below. Most of the new legislation (post-2000) has been developed with the
Environment Framework Act (1998) in mind, as it sets the standards for a number of
important areas pertinent to the development of environmental legislation in Angola.
The Water Act (2002) also considers a number of environmental related issues.
3. The ratification of multilateral environmental agreements by the Angolan
Government (at national and regional level), as well as the peace scenario since 2002,
have also motivated the development of environmental legislation which, in on the one
hand, is protective of the natural resource base (notably water, fisheries and land) and
on the other hand , caters for the basic needs of the Angolan population in terms of
food and shelter.
4. The development and approval by the Assembleia Nacional (Angolan National
Assembly) of the Environment Framework Act (Act No. 5/98 of 19 June 1998) has
increased the pressure on the Government to produce norms and standards as part of
the regulatory decrees for this important act. Regarded as an innovative piece of
legislation, the Environment Framework Act still needs to develop regulations to
enable its enforcement to take place in an orderly manner and in line with standards
developed at international and regional levels. As result of this, a number of legislative
documents were produced from 2002 to 2010.
5. The development of new legislation, however, as well as the revision of old
legislation, has been developed to be in line with the recently approved Angolan
Constitution.
6. The present report undertakes to summarize all the key environmental and
water-related policies and legislation in place in Angola, including some legislation
approved during the colonial period. It also provides a summary of a range of
environmental legislation related to the environment, water, land, forestry, petroleum,
fisheries and mining, and other areas. Extracts and summaries of the main articles and
clauses of each act, decree or order are also presented so as to illustrate how issues of
environmental protection are reflected in these acts and decrees.
7. The report also presents a list of all multilateral environmental agreements that
the Government of Angola has signed and ratified at regional and global levels. The
adhesion of Angola to a number of these multilateral environmental agreements has
stimulated the development of new environmental legislation, policy initiatives and
regional programmes. Information on who is responsible for the implementation and
monitoring of specific multilateral environmental agreements is also provided.
Considering that many of these agreements have implications for protected areas, a list
of all protected areas in Angola is also supplied.
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8. When possible specific notes are made with regards to the Okavango basin area
in Angola so as to support the development of the Strategic Action Plan for the three
countries involved in the Environmental Protection and Sustainable Management of
the Okavango (EMPSO) River Basin Project.
9. In this context of the development of laws, it is important to recognize that,
although innovative environmental legislation has recently been developed, there is
still a vacuum in terms of human and institutional capacity to implement and enforce
such legislation at national and local levels (particularly at municipal and communal
level). This often results in management decisions on natural resource use being taken
in relative isolation, with developments being planned without national coordination.
3. Angolan Constitutional Law (5 February 2010)1
10. Article 21 of the Constitution of the Republic of Angola (February 5, 2010)
indicates that constitute the core tasks of the Angolan State, among others, promote the
harmonious and sustainable development throughout the national territory, protecting
the environment, natural resources and heritage , cultural and artistic heritage.
11. The need for environmental protection and the requirements for achieving
sustainable development is founded on the right of all citizens to live in an
environment healthy and unpolluted, and the duty to defend and preserve is enshrined
in Article 39/1 of the Constitution.
12. The same article notes that the State shall take the measures necessary to protect
the environment and species of flora and fauna throughout the national territory, the
maintenance of ecological balance, the correct location of economic activity and the
rational exploitation and utilization of all natural resources in the context of sustainable
development and respect for the rights of future generations and the preservation of
various species.
13. Overall, the new Constitution is proving to be more environmentally friendly
than the current Constitutional Law. This is due not only to the articles presented
above but also to its commitment to sustainable development and to the establishment
of better rights and services in order for the people of Angola to achieve a good quality
of life.
4. Environmental legislation and institutions
14. Angola has inherited a great deal of environmental legislation (acts and decrees)
and decisions, or orders (the establishment of protected areas) from the colonial era
and thus its environmental legislation remained outdated until the mid-1990s, when
new legislation started to be developed, adopted and enforced. Some of the colonial
statutes, however, are still in place while others have been reviewed, amended,
revoked or repealed.
15. With the establishment of the Secretaria de Estado do Ambiente (State
Secretariat for the Environment) in 1993 as a direct result of the United Nations
Conference on Environment and Development, held in Rio de Janeiro, Brazil, in 1992,
new strategies for policy development and implementation were developed. This
groundwork was later undertaken by the Ministry of Environment (established in
1997), by the Ministry of Fisheries and Environment (established in 1999 and by the
Ministry of Urban Affairs and Environment (established in 2002).

1 Governo de Angola 2010 (http://www.angola.gov.ao).
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16. Currently, the Environment Framework Act is administered by the Ministry of
Environment (established at the end of 2008, after the legislative elections in October
2008). This Ministry is working on the development of new enabling legislation (act
and decrees) to regulate the Environment Framework Act (e.g., Decree on
Environmental Impact Assessment; Solid Waste Act; Noise and Air Pollution,
Environmental Licensing and Auditing).
17. Apart from the legislation mentioned above, the Ministry of Environment has
also been working towards the establishment of two important institutes, namely the
Instituto Nacional de Gestão Ambiental (National Institute for Environmental
Management) and the Instituto Nacional da Biodiversidade (National Biodiversity
Institute).2 This Ministry is also working towards the establishment of the
Environmental Fund (Fundo do Ambiente).
18. In an attempt to provide a comprehensive list of environmental and water-
related policies and legislation in Angola, a number of documents were consulted,
particularly the Diário da República (Government Gazette), conference proceedings,
unpublished reports and internet sites. A number of informal discussions were held
with people working on the field of environmental policies and legislation. There is a
number of other environmental legislation that is currently being discussed at the
National Assembly and thus the final texts are not publicly available.
A. Environment Framework Act (Act No. 5/98 of 19 June 1998)3
19. This Act was developed based on the recognition of the importance of
environmental protection at a national and global level, particularly due to the negative
consequences that human development has had on the environment. The Environment
Framework Act was developed drawing on the experience of Angolans and considered
the Angolan context in which it would be applicable.
20. In developing this Act, the Government of Angola has also recognized that
environmental issues are complex and can only be addressed through a strong
legislative framework, multi-sector work to cover cross-sectoral issues, and the
development of clear environmental policies and environmental management
programmes. These form the basis for the development of the Environment
Framework Act.
21. The Environment Framework Act defines the concepts and the general and
specific principles of protection, preservation and conservation of the environment, the
promotion of the quality of life and the national use of natural resources by guiding
their exploration and development initiatives which benefit all Angolans. In indicates
that activities that might cause a negative impact on the water resources should
undertake an Environmental Impact Study.
22. The specific principles for environmental protection, preservation and
conservation include, among other things, recognition of the right to environmental
education and training; participation in environmental decision-making and
management; precautionary principles; environmental balance towards achieving
sustainable development; and the protection and preservation of natural resources,
including national genetic resources.
23. Chapter VI defines the rights, duties and penalties of citizens, and promotes
sustainable development through the incorporation of the principles of the Rio
Declaration, as well as some of the guidelines of Agenda 21. Some other important

2 Governo de Angola 2008 (Decreto-Lei n.º 4/09 de 18 de Maio).
3 Governo de Angola 1998 (Diário da República, Iª Série, Nº 27, 19 de Junho de 1998).
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aspects of this Environment Framework Act are (Ministério das Pescas e Ambiente
1999a):
• Article 9: The right of non-governmental organizations to participate in
environmental management forums
• Article 10: All projects which will affect communities, ecological balance
and use of natural resources should conduct environmental impact
assessments
• Article 11 (a): The Government is responsible for the development of the
necessary regulations to facilitate the implementation of the Plano
Nacional de Gestão Ambiental (National Environmental Management
Plan)
• Article 16: Introduces environmental impact assessment as an important
instrument for environmental management and presents basic steps to be
followed when environmental impact assessments are undertaken. It notes
that further legislation on environmental impact assessments will be
developed. Legislation on environmental licensing and auditing have been
developed.
• Article 20: Recognizes environmental education as an important activity
to facilitate the implementation of the National Environmental
Management Programme, and encourages the development of
environmental education activities through the formal education system
as well as through the mass media
• Article 27: States that all individuals and organizations that carry out
activities involving the risk of environmental degradation, as classified by
legislation on environmental impact assessments, shall take out third
party insurance.
24. To avoid misinterpretations of the terminology used in this act, an annex is
included to clarify certain definitions and concepts such as activity; biodiversity;
deforestation; desertification; environment; environmental impact assessment;
environmental legislation; environmental quality standards; town and country
planning, etc.
B. Legislation on marine resources and fisheries
25. The fishing sector is one of the most important and lucrative industry sectors in
Angola and thus is one of the most attractive to foreign investors; unfortunately it also
attracts a great deal of illegal fishing. For this reason the Fisheries Act was one of the
first acts to be developed after independence, drawing on a number of regulations from
the 1980s.
26. To support the implementation and enforcement of this Act, a number of
executive decrees are published annually, so as to control and manage the marine
resources available in Angola as well as to determine the catch capacity of particular
species. These executive decrees often indicate the species which are declining and
therefore provide for restrictions in fishing, stipulate the standards required to control
fishing for the purpose of protecting species, and specify areas where fishing is not
permitted. A recent decree (Presidential Decree nº 120/10 of July 2nd) has declared the
prohibition of industrial fishing companies to fish mackerel (carapau) and round
sardinella (Sardinha do reino) until March 2011 due to the decrease in the stocks.
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1. Fisheries Act (Act No. 20/92 of 14 August 1992)4
27. This Act was developed in recognition of the fisheries’ sector as an important
sector for the development of Angola. The ratification by Angola of the United
Nations Convention on the Law of the Sea in 1990, as well as the demands for a better
planning and management of the fisheries resources, were other reasons for the
development of this Act.
28. The main objective of this Act is to legislate, manage and control fishing
activity so as to keep fishing capacity in line with the availability of marine resources,
as well as to carry out scientific research on the marine environment. This Act is
applicable to the territorial sea, contiguous zone and economic exclusive zone. The
Fisheries Act consists of 66 articles, which are aimed at regulating fishing activity in
the Angolan territory, including that of marine and interior waters. In this Act, fishery
resources are considered to be of public use and measures are identified for the
conservation of marine resources.
29. The conservation of marine resources is adjusted according to the available
fishing potential, stocks and the season. This is carried out through decrees published
by the Minister of Fisheries with a view to regulating the fishing industry and ensuring
sustainable development.
30. An important aspect of this Act is the establishment of the requirements to be
satisfied by fishing vessels (including foreign vessels) and the fees to be paid in order
to obtain fishing licences. It also prescribes financial and judicial sanctions to be
imposed upon offenders (the amounts of the financial sanctions are established by the
Council of Ministers).
31. Some other important aspects of this Act include:
• Article 8/1: This recognizes the need for fisheries to draw up plans,
taking into account the maximum fishing capacity and the availability of
marine resources
• Article 11: The annual fishing licences issued for fishing purposes
stipulate which species can be captured
• Article 15/1: The annual fishing licences can contain information on
specific fishing zones as well as maximum quantities per species
• Article 24 (a): This prohibits the use of light, electric instruments,
explosives and toxic substances in fishing
• Article 50 (a)–(b): Considers violations of the following: fishing in areas
or species not permitted by law; when the size of the fish is smaller than
the allowed size; the use of non-authorized fishing gear.
32. The Fisheries Act revokes all legislation contrary to it, particularly decree No.
12-A/80 on regulating fishing activity in the Angolan exclusive fishing zone. This Act
has been revoked by the Act on Biological Water Resources (with 274 articles),
approved by the National Assembly in 2004.
33. The Biological Water Resources Act is very comprehensive and innovative and
emphasizes the need for policies aimed at preserving and regenerating the biological
water resources. The Act also presents a number of principles that should be followed
to ensure sustainable use of biological water resources.

4 Coelho 2002, pp. 61–91.
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34. In addition, the Ministry of Agriculture, Rural Development and Fisheries has
proposed the establishment of a scientific committee for the development of planning
and management policies for biological water resources. Both the new act and the
Scientific Committee are part of the Government’s efforts towards poverty alleviation
and the better management of fishery resources.
2. Regulation on the Management of Fishery Resources (executive decree No. 48/98
of 28 August 1998)5
35. This executive decree has been developed in order to establish better ways of
managing Angola’s fishery resources. Two important principles underpinning such an
objective are the continuing scientific research conducted by the Instituto de
Investigação Pesqueira – IIP (Fishery Research Institute), later established as the
Instituto de Investigação Marinha – IIM6 (Marine Research Institute)and the
establishment of fishing parameters so as to facilitate the auto-reproduction,
preservation and sustainability of marine resources. As a result of the adoption of the
Biological Water Resources Act, which also gives the Ministry of Fisheries the right to
oversee fishing in continental waters, the Institute has changed its name to Instituto
Nacional de Investigação Pesqueira – INIP7 (National Fisheries Research Institute).
36. In its article 4/2, the executive decree considers the development of plans that
include the assessment of the main marine resources and their fishing potential, as well
as the indication of annual fishing quotas per species. In its article 6 (a)–(b), it states
that the Technical Council of the Ministry of Fisheries should recommend the annual
fishing quotas and propose measures for the conservation of particular species.
3. Regulation on fishing in interior waters (combined executive decree No. 17/99 of
22 January 1999)8
37. This combined executive decree was issued by the Ministry of Finance and the
Ministry of Agriculture and Rural Development to promote an effective administration
of the marine fauna and to ensure better management of the issuing of fishing licences.
It also recognizes the importance that the fishery sector has for Angola in terms of
economic benefits and tourism.
38. This decree contains four articles and basically indicates the amounts required
for obtaining fishing licences for interior waters (both for commercial and sport
purposes). It also explains what is considered to be an infringement to the law (e.g.,
use of non-authorized fishing gear, destruction of areas for reproduction) and the
respective fines for such infringements.
4. Decree regulating fishing activity in the Angolan exclusive fishing zone (decree
No. 12-A/80 of 6 February 1980)9
39. This decree states that the Government of Angola shall exercise sovereign rights
for the purpose of exploring, conserving, managing and exploiting the natural,
biological marine resources of areas of the high seas adjacent to the national territory,
up to a distance of 200 nautical miles measured from the legally established baselines,

5 Ibid., pp. 92–98.
6 The Marine Research Institute was established in 1995 through Decree–Act 10/95 of 13 October 1995. Its
main objectives are to develop a knowledge base on sea and marine resources and to provide scientific advice on
better ways of sustainably managing marine resources. IIM has been involved in the environmental monitoring of
the economic exclusive zone and in regional undertakings such as Benguela Environment Fisheries Interaction and
Training (BENEFIT) and the Benguela Current Large Marine Ecosystem (BCLME) projects.
7 Governo de Angola 2005 (Diário da República, Iª Série, Nº 49, 25 de Abril de 2005).
8 Coelho 2002, pp. 145–148.
9 Ibid., pp. 114–117.
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as well as the sedentary species of the continental shelf. Some other aspects of this
decree include:
• In some areas defined in this decree, it shall be unlawful for foreign
vessels to fish, prepare to fish, commit acts prejudicial to fishing or
damage or destroy fishing gear legally installed in the sea
• For the purposes of this decree, churning up the waters, employing any
other processes to frighten fish or resorting to any manoeuvre or method
likely to prejudice fishing shall be deemed to constitute acts prejudicial to
fishing
40. The Minister of Fisheries shall be responsible for determining which foreign
vessels are authorized to fish in the areas defined in article 1 by means of the granting
of fishing licences (requirements to be satisfied for obtaining such licence are specified
in the decree).
41. This decree has been revoked by the Fisheries Act (Act No. 20/92 of 14
August1992). Apart from the fisheries legislation presented above, there are other
decrees which guide the fishing industry in Angola, namely:
• Act No. 21/92 of 21 August 1992 on the Territorial Sea, Contiguous Zone
and Economic Exclusive Zone
• Executive decree No. 2/93 of 26 February 1993 on the fees for fishing
infractions
• Executive decree No. 10/97 of 21 March 1997 on the regulations on
crustacean fishing
• Executive decree No. 38/98 of 19 June 1998 on the management of
fishery resources
• Executive decree No. 13/02 of 2 April 2002 on total admissible catch,
fishery zones and fishing periods
• Act No. 6-A/04 of 8 October 2004 on Biological Water Resources.
C. Legislation on mineral resources
42. Mineral resources in Angola play an important role in the country’s balance. For
this reason the legislative framework for the exploration of mineral resources has been
continuously updated. More recently, a new Act was approved focusing on the
exploration of diamonds, as these are an important source of revenue and, with good
governance and new-found peace, the country should be able to return to previous
levels of exploration and production of this particular mineral.
43. Apart from improving the profitability of diamond mining, the Government of
Angola is planning to expand its mining activity, so as to include the exploration of
deposits of black granite, chromium, copper, zinc, gold, gypsum, iron ore, lead,
marble, phosphates, quartz and platinum. For this to be possible, better legislation
needs to be developed so that the short-term economic gains do not cause long-term
environmental degradation.
1. Mining Act (Act No. 5/79 of 27 April 1979)
44. This Act regulated the exploration of minerals after independence until the early
1990s. It stipulated that mineral resources were State property and recognized the need
for indemnities with regard to all mining activities damaging the environment.
Although it establishes the requirements for the rehabilitation of the environment, the
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