Angola

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Angola: Police report two prosecutions in 2007/8

13 Jul 2010
The first reported use of Angola’s 2004 HIV-specific law suggests at least two successful prosecutions in 2007/8. The brief-but-stigmatising report by Angola Press is below. It should be noted that “intentional transmission” is very likely to simply mean there was … More

Africa: HIV Laws Do More Harm Than Good by Miriam Mannak (IPS)

06 Aug 2009
I received an email last week from Miriam Mannak, a freelance writer based in Cape Town, South Africa who keeps on blog on AIDS in Africa. She recently contributed this excellent piece on the spectre of criminalisation on her continent … More

Angola: Criminal HIV transmission laws under consideration

27 May 2008
Angola’s government is considering a new law criminalising ‘intentional’ HIV transmission, according to a report from PlusNews, a UNAIDS-funded HIV/AIDS news and information service for sub-Saharan Africa. ANGOLA: Should intentional infection be a crime?LUANDA, 26 May 2008 Proposed reforms to … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Under discussion

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 2

Laws

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.

Further reading

Latest cases and news can be found at: http://www.hivjustice.net/country/ao/

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017