Angola

Last updated on: 27 April 2012

Criminalisation of HIV transmission/exposure

Angola
Whether Specific law enacted: 
No - Under discussion
Number of people prosecuted: 
2
Number of people convicted: 
Unknown
Discussion: 

Law 8/04 on HIV and AIDS (2004) (Lei nº8/04 sobre o Vírus da Imunodeficiência Humana (VIH) e a Síndroma de Imunodeficiência Adquirida (SIDA)) adopted by the National Assembly on 1 November 2004 protects the rights of persons living with HIV, in particular the right to employment, free public health care, and confidentiality. 

It originally included statutes in Section 14 (Duties) and Section 15 (Transmitting) that could be used for prosecuting people living with HIV for not disclosing their HIV status to sexual partners and for "the intentional transmission of HIV"  but these were not included in the final version. (Source: PlusNews)

In 2008, PlusNews also reported that

proposed reforms to Angola's Penal Code have divided opinion in the country about whether HIV-positive people who intentionally infect others with the virus should be punished. The law under discussion calls for a sentence of between three and 10 years in prison for those who knowingly pass on infectious diseases, including HIV.

A 2010 report in the Angola Press suggests that police have investigated at least two cases of alleged criminal HIV transmission, although it is unclear if these were successfully prosecuted.

Two cases of intentional HIV/Aids transmission were official recorded throughout 2007/2008 countrywide by the National Police, said a source from the corporation. The spokesman of the Police in Luanda, Jorge Bengue, gave the information, adding that despite this figure, there are many HIV positive people that practice such crimes.

"The national police know, in an informal way, that there are more crimes of this nature. What we have not are more cases officially notified, as there is protectionism from the society, so that the problem be solved among them", he said.

The source said that the police got acquainted with these cases after various conflicts between couples.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Fines or restrictions or penal labour

Female to Female Relationships: Not Legal

Age of consent: Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

Yes