The Republic of Angola previously published a preliminary draft of the Penal Code. The Code adds protection from discrimination on the basis of sexual orientation. The Code deletes references to criminalization of “vices against nature”. The draft of the Code maintains the criminalization of the sexual transmission of HIV. (In the draft, HIV is covered in CHAPTER IV: SEXUAL CRIMES, Article 185.3)
Articles of note:
TITLE I: CRIMES AGAINST PEOPLE
CHAPTER III: CRIME AGAINST HUMAN FREEDOM
Article 159. (Threat)
1. Whoever, by any means, threatens another person with a crime against the physical integrity, personal liberty, freedom and sexual self-determination or property or a considerably high value, in accordance with Article 377(a) so as to cause you fear or anxiety or to undermine their freedom of determination shall be punished with imprisonment up to 1 year or with fine up to 120 days.
2. The threat of death shall be punished with imprisonment from 6 months to 2 years or a fine of up to 240 days.
3. The penalties set forth in the preceding paragraphs shall be increased by half in its minimum and maximum, if the threat is directed at a person because of race, ethnic origin, color, national origin, religion or sexual orientation.
4. The preceding paragraph applies to the threat directed at a human group which is characterized by race, ethnic origin, color, national origin, religion or sexual orientation of the people who constitute it. 5. Unless the victim is a minor, criminal proceedings on a complaint by the victim or in the case described in paragraph 4, of any member of the group threatened.
CHAPTER VI : CRIME AGAINST HUMAN FREEDOM
Section I : Discrimination
Article 197. (Discrimination)
1. Whoever, because of gender, race, ethnicity, color, birthplace, religion or belief, sexual orientation, political or ideological convictions, social origin or condition:
a) to refuse employment contract, refuse or restrict the supply of goods or services or restrict or prevent the exercise of economic activity of another person, or
b) to punish or fire workers shall be punished with imprisonment up to 2 years or with fine of up to 240 days.
2. The same penalty applies to those who refuse or conditional contract or the supply of goods or services or restrict or prevent the exercise of economic activity to a legal person because of gender, race, ethnicity, place of birth, creed or religion, sexual orientation, political or ideological convictions, social origin or condition of its members or members of their governing bodies.
Section II : Crimes Against Honor
Article 198. (Insults)
1. Whoever, by any mean of expression or communication, in particular through words, and with with intent to injure, offend his honor, good name or consideration of another person shall be punished with imprisonment up to six months or a fine of up to 60 days.
2. With the same penalty shall be punished whoever, with intent to insult or offend and through the same means, imputes directly on another person, even in the form of suspicion, facts or make offensive judgments about him, his honor, good name or consideration.
3. Applies to the act described in the preceding paragraph the provisions of paragraphs 2, 3 and 4 the following article.
4. If the insults are directed at a person because of race, ethnic origin, color, national origin, religion or sexual orientation or a group composed of people with these characteristics shall be punished with imprisonment of 6 months to 1 year or a fine of 60 to 120 days.
Article 199. (Defamation)
1. Whoever, by any mean of expression or communication and with intent to offend, impute on another person, even in the form of suspicion, facts, or make offensive judgments about his honor and esteem or reproduce them, so that the third person becomes or can become aware of the facts attributed or the judgments formulated, shall be punished with imprisonment up to 1 year or with fine up to 120 days.
2. If the acts or offensive judgments are directed at a person because of race, ethnic origin, color, national origin, religion or sexual orientation or a group composed of people with these characteristics shall be punished with imprisonment of 6 months to 18 year or a fine of 60 to 180 days.
TITLE VI: CRIMES AGAINST PEACE AND INTERNATIONAL COMMUNITY
Article 365. (Incitement to discrimination)
1. Whoever, in a meeting, public place or by any means of dissemination or communication with the public, incites hatred against a person or group of persons because of race, ethnic origin, color, national origin, religion or sexual orientation, with the intention of discriminating, shall be punished with imprisonment from 6 months to 6 years.
2. The same penalties apply to those who, in a meeting or public place or by any means of dissemination or communication with the public, inciting violence against a person or group of persons because of race, ethnic origin, color, national origin, religion or sexual orientation.
3. If the facts described in the preceding paragraphs are committed through a computer system, as described in Article 233 thereof, the penalty is imprisonment from 1 to 6 years.
4. Whoever founds, directs, or is part of an organization set up to incite discrimination or who repeatedly and publicly incites discrimination, hatred and violence against a person or group of persons because of race, ethnic origin, color, national religion or sexual orientation shall be punished with imprisonment from 2 to 8 years.
5. The same penalties apply to those who participate in the activities of the organization referred to in the preceding paragraph or who finances them or, by any other mean, provides support or assistance.
Article 368. : (Crimes against humanity)
Whoever, in the context of a widespread or systematic attack against a population or in the context of armed conflict, international or domestic, or during the military occupation of a state, territory or part of the territory, commits against protected persons the following facts:
a) murder;
b) extermination;
c) slavery;
d) imprisonment or other form of severe deprivation of physical liberty in violation standards and principles of international law;
e) outrage upon personal dignity, through, inter alia, the use of torture and other cruel, inhuman and degrading treatment;
f) rape, sexual slavery, prostitution, pregnancy and sterilization:
g) persecution on political, racial, ethnic, cultural, or for reasons of nationality, gender, religion or sexual orientation;
h) enforced disappearance;
i) submission of one or more persons to physical mutilation or to any medical or scientific experimentation that are not driven by medical, dental or hospital treatment or made in the interest of people and causing death or seriously put in danger their lives or health;
j) the displacement of a population for reasons related to armed conflict, unless it is ordered and carried out by imperative military reasons shall be punished with imprisonment from 3 to 20 years if not more serious penalty is applicable by virtue of another provision of criminal law.