The Constitution of the Republic of Angola (2010)

LUANDA, 21 January 2010 CONSTITUTION OF THE REPUBLIC OF ANGOLA

PREAMBLE

We, the people of Angola, through its lawful representatives, the legislators of the nation, freely elected in the parliamentary elections of September 2008;

Aware that these elections are part of the long tradition of the struggle of the Angolan people to achieve their citizenship and independence, proclaimed on 11 November 1975, the date on which the first Constitutional Law in the history of Angola came into force, and courageously preserved through collective sacrifice in the defence of national sovereignty and the territorial integrity of the country;

Having received, by the said popular vote and under the provision contained in Article 158 of the Constitutional Law of 1992, the noble and irrefusable mandate to proceed with the drawing up and approval of the Constitution of the Republic of Angola;

Conscious of the immense importance and great value invested in the creation and adoption of the first and fundamental law of the state and of Angolan society;

Noting that the Constitution of the Republic of Angola is linked to, and a direct part of, the long and enduring struggle of the Angolan people, first to resist colonial occupation, then to achieve the independence and the dignity of a sovereign state, and later to build a democratic state based on the rule of law and a just society in Angola;

Invoking the memory of our ancestors and calling upon the wisdom of the lessons of our shared history, our centuries-old roots and the cultures that have enriched our unity;

Inspired by the best lessons in African tradition – the essence of Angolan culture and identity;

Armed with a culture of tolerance and profoundly committed to reconciliation, equality, justice and development;

Having decided to build a society based on equal opportunities, commitment, fraternity and unity in diversity;

Determined to build together a just and progressive society that respects life, equality, diversity and human dignity;

Remembering that the present Constitution represents the culmination of the constitutional transition initiated in 1991, following the passing of Law no. 12/91 by the Assembly of the People, enshrining multi-party democracy, guarantees of the fundamental rights and freedoms of citizens and a market economy, changes extended later by Constitutional Revision Law no 23/92;

Reaffirming our commitment to the values and fundamental principles of the independence, sovereignty and the unity of a democratic state based on the rule of law, pluralism of political expression and organisation, the separation and balance between the powers of bodies that exercise sovereign power, the market economy and respect and guarantees for fundamental human rights and freedoms, which constitute the essential pillars supporting and structuring this Constitution;

Aware that a Constitution such as this, due to its shared values, principles and norms, is an important factor in national unity and a powerful driving force for the development of the state and society;

Solemnly striving to strictly fulfil and respect this Constitution and hoping that this may serve as a model for the behaviour of citizens, political forces and the whole of Angolan society;

Invoking and paying homage to the memory of all our heroes and each and every Angola man and woman who lost their lives in the defence of the fatherland;

Faithful to the deepest wishes of the Angolan people for stability, dignity, liberty, development and the building of a modern, prosperous, inclusive, democratic and just country;

Committed to providing a legacy for future generations and to the exercise of our sovereignty;

We hereby pass this Constitution as the Supreme and Fundamental Law of the Republic of Angola.

TITLE I FUNDAMENTAL PRINCIPLES

Article 1

(The Republic of Angola)

Angola shall be a sovereign and independent Republic, based on the dignity of the individual and the will of the Angolan people, whose primary objective shall be to build a free, just, democratic, solidary society of peace, equality and social progress.

Article 2 (Democratic state based on the rule of law)

1. The Republic of Angola shall be a democratic state based on the rule of law and on the sovereignty of the people, the primacy of the Constitution and the law, the separation of powers and the interdependence of functions, national unity, pluralism of political expression and organisation, and representative and participatory democracy.

2. The Republic of Angola shall promote and defend the basic human rights and freedoms of individuals and members of organised social groups and shall ensure respect for them and guarantee their implementation through the legislative, executive and judicial powers, their organs and institutions, and on the part of all individuals and corporate bodies.

Article 3 (Sovereignty)

1. Single and indivisible sovereignty shall lie with the people, who shall exercise it through universal, free, equal, direct, secret and periodic suffrage in the various forms established in the Constitution, namely in order to choose their representatives.

2. The state shall exercise its sovereignty over all Angolan territory which, under the terms of this Constitution, the law and international law, includes its land, interior and territorial waters, air space, soil and sub-soil, seafloor and associated sea beds.

3. The state shall exercise jurisdiction and rights of sovereignty over the conservation, development and use of natural, biological and non-biological resources in the contiguous zone, the exclusive economic area and on the continental shelf, under the terms of the law and international law.

Article 4 (Exercise of political power)

1. Political power shall be exercised by whoever legally obtains it through free democratic elections, under the terms of the Constitution and the law.

2. The appropriation and exercise of political power by violent means or by any other means not stipulated in, or conforming to, the Constitution shall be illegal and punishable as a crime.

Article 5 (Territorial organisation)

1. The territory of the Republic of Angola shall be as historically defined by the geographical borders of Angola on 11 November 1975, the date of National Independence.

2. The provision contained in the previous point shall not compromise any additions that have been, or may come to be, established through international treaties.

3. For political and administrative purposes the Republic of Angola shall be organised territorially into provinces and, subsequently, municipalities. It may additionally be structured into communes and equivalent territorial divisions, under the terms of the Constitution and the law.

4. The definition of the limits and characteristics of territorial scales and their creation, modification or abolition within the context of political and administrative organisation, in addition to the organisation of territory for special purposes such as economic, military, statistical, ecological or similar purposes, shall be established by law.

5. The law shall establish the structure, designation and development of urban units and agglomerations.

6. Angolan territory shall be indivisible, inviolable and inalienable, and any action involving the breaking up or separation of its component parts shall be energetically resisted. No part of national territory or the rights of sovereignty which the state exerts over it may be transferred.

Article 6 (Supremacy of the Constitution and legality)

1. The Constitution shall be the supreme law of the Republic of Angola. 2. The state shall be subject to the Constitution and shall be based on the rule of

law, respecting the law and ensuring that the law is respected. 3. Laws, treaties and other acts of the state, local government bodies and public

bodies in general shall only be valid if they conform to the Constitution.

Article 7 (Custom)

The validity and legal force of custom which does not contradict the Constitution and does not threaten human dignity shall be recognised.

Article 8 (Unitary state)

The Republic of Angola shall be a unitary state whose organisation shall respect the principles of the autonomy of the local organs of power and administrative devolution and decentralisation, under the terms of the Constitution and the law.

Article 9 (Nationality)

1. Angolan nationality may be held by origin or acquired. 2. The child of a father or mother with Angolan nationality, born in Angola or

abroad, shall be an Angolan citizen by origin. 3. A newborn child found in Angolan territory shall be presumed an Angolan

citizen by origin. 4. No Angolan citizen by origin may be deprived of their original nationality. 5. The requirements for the acquisition, loss or re-acquisition of Angolan

nationality shall be established by law.

Article 10 (Secular state)

1. The Republic of Angola shall be a secular state and there shall be separation between state and church, under the terms of the law.

2. The state shall recognise and respect the different religious faiths, which shall be free to organise and exercise their activities, provided that they abide by the Constitution and the laws of the Republic of Angola.

3. The state shall protect churches and faiths and their places and objects of worship, provided that they do not threaten the Constitution and public order and abide by the Constitution and the law.

Article 11 (Peace and national security)

1. The Republic of Angola shall be a nation dedicated to peace and progress and it shall be the duty of the state and the right and responsibility of all to guarantee peace and national security, respecting the Constitution and the law, in addition to international conventions.

2. Peace shall be based on the supremacy of the rule of law and legislation, with

a view to ensuring the necessary conditions required for the stability and development of the country.

3. National security shall be based on the supremacy of the rule of law and legislation, development of the national security system and the strengthening of national will and shall guarantee to safeguard the state and ensure stability and development in the face of any threats or risks.

Article 12 (International relations)

1. The Republic of Angola shall respect and implement the principles of the United Nations Charter and the Charter of the Organisation of African Unity and shall establish friendly and cooperative relations with all states and peoples on the basis of the following principles: a) Respect for sovereignty and national independence; b) Equality amongst states; c) The rights of peoples to self-determination and independence; d) Peaceful solutions to conflicts; e) Respect for human rights; f) Non-interference in the affairs of other states; g) Reciprocal advantages; h) Repudiating and combating terrorism, drugs trafficking, racism,

corruption and people and human organ trafficking; i) Cooperation with all peoples for peace, justice and progress.

2. The Republic of Angola shall defend the abolition of all forms of colonialism, aggression, oppression, domination and exploitation in relations between peoples.

3. The Republic of Angola shall strive to reinforce African identity and strengthen the work of the African states in enhancing the cultural heritage of the African peoples.

4. The Angolan state shall not permit foreign military bases to be established in its territory, notwithstanding its involvement, within the context of regional or international organisations, in peace-keeping forces and military cooperation and collective security systems.

Article 13 (International law)

1. General or common international law received under the terms of this Constitution shall form an integral part of the Angolan legal system.

2. Duly approved or ratified international treaties and agreements shall come into force in the Angolan legal system after they have been officially

published and have entered into force in the international legal system, for as long as they are internationally binding upon the Angolan state.

Article 14 (Private property and free initiative)

The state shall respect and protect the private property of individuals and corporate bodies and free economic and entrepreneurial initiatives exercised within the terms of the Constitution and the law.

Article 15 (Land)

1. Land, which is by origin the property of the state, may be transferred to individuals or corporate bodies, with a view to its rational and full use, under the terms of the Constitution and the law.

2. Access to and use of land by local communities shall be recognised by law. 3. The provisions contained in the previous points do not compromise the

possibility of expropriation for public use, with just compensation, under the terms of the law.

Article 16 (Natural resources)

The solid, liquid and gaseous natural resources existing in the soil and subsoil, in territorial waters, in the exclusive economic zone and in the continental shelf under the jurisdiction of Angola shall be the property of the state, which shall determine the conditions for concessions, surveys and exploitation, under the terms of the Constitution, the law and international law.

Article 17 (Political parties)

1. Within the framework of the Constitution and the law, political parties shall compete on the basis of a project for society and a political programme for the organisation and expression of the will of citizens, participating in political life and universal suffrage by democratic and peaceful means and respecting the principles of national independence, national unity and political democracy.

2. The constitution and functioning of political parties must, in accordance with law, respect the following fundamental principles: a) National character and scope;

b) Free constitution; c) The public pursuance of aims; d) Freedom of affiliation and single affiliation; e) The use of peaceful means only to pursue aims and a ban on the creation

or use of military, paramilitary or militarised organisations; f) Democratic organization and functioning; g) Minimum representation, as established by law; h) A ban on receiving monetary and economic contributions from foreign

governments and government institutions; i) The rendering of accounts for the use of public funds.

3. Through their objectives, programmes and activities, political parties must contribute towards: a) The consolidation of the Angolan nation and national independence; b) Safeguarding territorial integrity; c) Reinforcing national unity; d) The defence of national sovereignty and democracy; e) The protection of fundamental freedoms and human rights; f) The defence of the republican nature of the government and the secular

nature of the state. 4. Political parties shall be entitled to equal treatment by entities exercising

political power, impartial treatment by the state press and the right to exercise democratic opposition, under the terms of the Constitution and the law.

Article 18 (National symbols)

1. The national symbols of the Republic of Angola shall be the national flag, the national insignia and the national anthem.

2. The national flag, national insignia and national anthem, symbols of national sovereignty and independence and of the unity and integrity of the Republic of Angola, are those adopted at the time of the proclamation of national independence on 11 November 1975 and are as described in Annexes I, II and III of this Constitution.

3. The technical specifications and provisions concerning deference and the use of the national flag, national insignia and national anthem shall be established by law.

Article 19 (Languages)

1. The official language of the Republic of Angola is Portuguese.

2. The state shall value and promote the study, teaching and use of other Angolan languages, in addition to the main international languages of communication.

Article 20 (Capital of the Republic of Angola)

The capital of the Republic of Angola is Luanda.

Article 21 (Fundamental tasks of the state)

The fundamental tasks of the Angolan state shall be: a) To guarantee national independence, territorial integrity and national

sovereignty; b) To ensure fundamental rights, freedoms and guarantees; c) To gradually create the necessary conditions required to effectively

implement the economic, social and cultural rights of citizens; d) To promote the well-being, social solidarity and improved quality of life for

the people of Angola, specifically amongst the most deprived groups of the population;

e) To promote the eradication of poverty; f) To promote policies that will make primary health care universal and free; g) To promote policies that will ensure universal access to compulsory free

education under the terms defined by law; h) To promote equal rights and opportunities between Angolans, regardless of

origins, race, party affiliations, sex, colour, age or any other form of discrimination;

i) To make strategic, large-scale, permanent investments in human capital, with particular emphasis on the full development of children and young people, as well as in education, health care, the primary and secondary economy and other sectors that structure self-sustainable development;

j) To ensure peace and national security; k) To promote equality between men and women; l) To defend democracy and ensure and foster the democratic participation of

citizens and civil society in the resolution of national problems; m) To promote harmonious and sustainable development throughout national

territory, protecting the environment, natural resources and the historic, cultural and artistic heritage of the nation;

n) To protect, value and dignify Angolan languages of African origin, as part of the cultural heritage, and to promote their development, as living languages which reflect national identity;

o) To promote sustained improvements to Angolan human development indexes;

p) To promote excellence, quality, innovation, entrepreneurialism, efficiency and modernity in the performance of citizens, institutions, companies and services in various aspects of their lives and in the various sectors of activity;

q) Other tasks as prescribed in the Constitution and by law.

TITLE II FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER I GENERAL PRINCIPLES

Article 22 (Principle of universality)

1. Everyone shall enjoy the rights, freedoms and guarantees enshrined in the Constitution and shall be subject to the duties established in the Constitution and the law.

2. Angolan citizens residing or finding themselves abroad shall enjoy the rights, freedoms and guarantees and the protection of the state and shall be subject to the duties established in the Constitution and the law.

3. Everyone shall have duties with regard to the family, society, the state and other legally recognised institutions, in particular:

a) To respect the rights, freedoms and property of others, morals, acceptable behaviour and the common good;

b) To respect and be considerate of others without discrimination of any kind and to maintain relations that promote, safeguard and reinforce mutual respect and tolerance.

Article 23 (Principle of equality)

1. Everyone shall be equal under the Constitution and by law. 2. No-one may be discriminated against, privileged, deprived of any right or

exempted from any duty on the basis of ancestry, sex, race, ethnicity, colour, disability, language, place of birth, religion, political, ideological or philosophical beliefs, level of education or economic, social or professional status.

Article 24 (Age of majority)

The age of majority shall be 18.

Article 25 (Foreigners and stateless persons)

1. Foreigners and stateless persons shall enjoy fundamental rights, freedoms and guarantees and the protection of the state.

2. The following are forbidden to foreigners and stateless persons: a) Holding office in bodies that exercise sovereign power; b) Electoral rights, under the terms of the law; c) Founding or serving in political parties; d) Entitlements to participation in politics, as stipulated by law; e) Access to a diplomatic career; f) Entry into the armed forces, the national police force and the intelligence

and security organisations; g) Direct state administrative functions, under the terms of the law; h) Any other rights and duties reserved exclusively for Angolan citizens

under the Constitution and the law. 3. Rights not conferred on foreigners may be granted to citizens of regional or

cultural communities to which Angola may belong or be associated with, through international conventions and on the basis of reciprocity, with the exception of the right to vote and stand for election to bodies that exercise sovereign power.

Article 26 (Scope of fundamental rights)

1. The fundamental rights established in this Constitution shall not exclude others contained in the laws and applicable rules of international law.

2. Constitutional and legal precepts relating to fundamental rights must be interpreted and incorporated in accordance with the Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and international treaties on the subject ratified by the Republic of Angola.

3. In any consideration by the Angolan courts of disputes concerning fundamental rights , the international instruments referred to in the previous point shall be applied, even if not invoked by the parties concerned.

Article 27 (Rules governing rights, freedoms and guarantees)

The principles set out in this chapter shall apply to the rights, freedoms and guarantees and to fundamental rights of a similar nature that are established in the Constitution or are enshrined in law or international conventions.

Article 28 (Legal force)

1. The constitutional principles regarding fundamental rights, freedoms and guarantees are directly applicable to, and binding upon, all public and private entities.

2. The state must adopt legislative initiatives and other appropriate measures to ensure the gradual and effective realisation of economic, social and cultural rights, in accordance with the available resources.

Article 29 (Access to law and effective judicial protection)

1. Everyone shall be ensured access to the law and the courts in order to defend their legally protected rights and interests, and justice shall not be denied to anyone due to a lack of financial means.

2. Under the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority.

3. The law shall define and ensure adequate protection for the secrecy of legal proceedings.

4. Everyone shall have the right to secure a ruling in any suit to which he is a party within a reasonable period of time and by means of a fair process.

5. For the purpose of safeguarding personal rights, freedoms and guarantees, the law shall ensure citizens judicial proceedings that are characterised by swiftness and given priority, in order to secure effective and timely judicial protection against any threats or violations of these rights.

CHAPTER II FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION I INDIVIDUAL AND COLLECTIVE RIGHTS AND FREEDOMS

Article 30 (Right to life)

The state shall respect and protect human life, which is inviolable.

Article 31 (Right to personal integrity)

1. The moral, intellectual and physical integrity of individuals shall be inviolable.

2. The state shall respect and protect the human person and human dignity.

Article 32 (Right to identity and privacy)

1. The right to personal identity, civil capacity, nationality, a good name and reputation, likeness, free speech, and privacy in personal and family life shall be recognised for all.

2. The law shall establish effective guarantees against the procurement and use of information relating to individuals and families in a manner which is abusive or offends against human dignity.

Article 33 (Inviolability of the home)

1. The home shall be inviolable. 2. No-one may enter or carry out a search or seizure in the home of any

individual without their consent, except in situations prescribed under the Constitution and in law and when provided with a warrant from the appropriate authority issued for legally prescribed cases in the legally prescribed manner, in the case of flagrante delito or in emergency situations in order to provide assistance.

3. The law shall establish the cases in which the appropriate authority may order the entry, search and seizure of property, documents or other objects in the home.

Article 34 (Inviolability of correspondence and communications)

1. The secrecy of correspondence and other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable.

2. Interference by the public authorities in private correspondence and other means of private communication shall only be permitted by means of a ruling by the appropriate judicial authority under the terms of the law.

Article 35 (Family, marriage and filiation)

1. The family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a de facto union between a man and a woman.

2. Everyone shall have the right to freely found a family under the terms of the Constitution and the law.

3. Men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties.

4. The law shall regulate the requirements for, and the effects of, marriage and de facto union, as well their dissolution.

5. Children shall be equal before the law and any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited.

6. It shall be an absolute priority of the family, the state and society to protect the rights of the child, namely their full and balanced upbringing, health care, education and living conditions .

7. The state, in collaboration with the family and society, shall promote the full and balanced development of young people and adolescents, and the creation of conditions for the fulfilment of their political, economic, social and cultural rights and shall foster youth organizations established for economic, cultural, artistic, recreational, sporting, environmental, scientific, educational, patriotic and international youth exchange purposes.

Article 36 (Right to physical freedom and personal security)

1. Everyone shall have the right to physical freedom and individual security. 2. No-one may be deprived of their freedom, except in cases prescribed by the

Constitution and the law. 3. The right to physical freedom and individual security shall also involve:

a) The right not to be subjected to any form of violence by public or private entities;

b) The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner;

c) The right to fully enjoy physical and mental integrity; d) The right to protection and control over one’s own body; e) The right not to be submitted to medical or scientific experiments without

prior informed and duly justified consent.

Article 37 (Right to property, requisitions and expropriations)

1. Everyone shall be guaranteed the right to private property and to its transmission, under the terms of the Constitution and the law.

2. The state shall respect and protect the property and any other rights in rem of private individuals, corporate bodies and local communities, and temporary civil requisition and expropriation for public use shall only be permitted upon prompt payment of just compensation under the terms of the Constitution and the law.

3. The payment of the compensation referred to in the previous point shall be a condition of expropriation.

Article 38 (Right to free economic initiative)

1. Private enterprise shall be freely undertaken and exercised with respect for the Constitution and the law.

2. Everyone shall have the right to engage in free business and cooperative initiatives, to be exercised under the terms of the law.

3. The law shall promote, regulate and protect the economic activities and investments of private, national or foreign individuals and corporate bodies in order to guarantee their contribution to the development of the country, defending the economic and technological emancipation of the Angolan people and the interests of workers.

Article 39 (Environmental rights)

1. Everyone has the right to live in a healthy and unpolluted environment and the duty to defend and preserve it.

2. The state shall take the requisite measures to protect the environment and species of flora and fauna throughout national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species.

3. Acts that endanger or damage conservation of the environment shall be punishable by law.

Article 40 (Freedom of expression and information)

1. Everyone shall have the right to freely express, publicise and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination.

2. The exercise of the rights and freedoms described in the previous point may not be obstructed or limited by any type or form of censorship.

3. Freedom of expression and information shall be restricted by the rights enjoyed by all to their good name, honour, reputation and likeness, the privacy of personal and family life, the protection afforded to children and young people, state secrecy, legal secrecy, professional secrecy and any other guarantees of these rights, under the terms regulated by law.

4. Anyone committing an infraction during the course of exercising freedom of expression and information shall be held liable for their actions, in disciplinary, civil and criminal terms, under the terms of the law.

5. Under the terms of the law, every individual and corporate body shall be assured the equal and effective right of reply, the right to make corrections, and the right to compensation for damages suffered.

Article 41 (Freedom of conscience, religion and worship)

1. Freedom of conscience, religion and worship shall be inviolable. 2. No-one shall be deprived of their rights, persecuted or exempted from

obligations due to their religious beliefs or philosophical or political convictions.

3. Under the terms of the law, the right to be a conscientious objector shall be guaranteed.

4. No authority shall question anyone with regard to their convictions or religious practices, except in order to gather statistical data that cannot be individually identified.

Article 42 (Intellectual property)

1. Intellectual, artistic, political, scientific and communications activities shall be freely expressed, independently of any censorship or licence.

2. Authors shall have the exclusive right to use, publish and reproduce their work, which can be transmitted to their heirs for the period of time established by law.

3. Under the terms of the law the following shall be ensured:

a) Protection for individual involvement in collective work and in the reproduction of the human image and voice, including cultural, educational, political and sporting activities;

b) The right of creators, performers and the respective trade union and supervisory associations to benefit financially from works they have created or taken part in.

4. The law shall ensure the authors of industrial inventions, patents for inventions and technological process the temporary privilege of using them, in addition to ensuring protection for industrial creations, ownership of brands, company names and other distinctive trademarks, with a view to the interests of society and the technological and economic development of the country.

Article 43 (Freedom of cultural and scientific creation)

1. Intellectual, artistic and scientific creation shall not be restricted. 2. The freedom referred to in the previous point shall comprise the right to

invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law.

Article 44 (Freedom of the press)

1. Freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature.

2. The state shall ensure plural expression, imposing different ownerships and editorial diversity in the media.

3. The state shall ensure the existence and the independent and qualitatively competitive functioning of a public radio and television service.

4. The law shall establish the forms by which freedom of the press shall be exercised.

Article 45 (Right to broadcasting time, right of reply and of political response)

1. During general and local elections and referendums, candidates shall have the right to broadcasting time on state radio and television stations in accordance with the scope of the election or referendum, under the terms of the Constitution and the law.

2. Political parties with seats in the National Assembly have the right of reply and political response to statements by the Executive, under the terms regulated by law.

Article 46 (Freedom of residence, movement and emigration)

1. Any citizen legally residing in Angola may freely establish their residence, move and settle anywhere in national territory, except in cases prescribed in the Constitution and when the law establishes restrictions, namely regarding entry and residence, protection of the environment or vital national interests.

2. Every citizen shall be free to emigrate and leave national territory and to return to it, without prejudice to any restrictions arising out of the fulfilment of legally established duties.

Article 47 (Freedom to meet and demonstrate)

1. Freedom of assembly and peaceful, unarmed demonstration shall be guaranteed to all citizens, without the need for any authorisation and under the terms of the law.

2. The appropriate authorities must be given advance notification of meetings and demonstrations held in public places, under the terms and for the purposes established in law.

Article 48 (Freedom of association)

1. All citizens shall have the right to freely associate with one another without requiring any administrative authorisation, on condition that such associations are organised on the basis of democratic principles, under the terms of the law.

2. Associations shall pursue their purposes freely and without interference from the public authorities and may not be dissolved or have their activities suspended, except in cases prescribed by law

3. No-one shall be obliged to belong to an association, or be coerced by any means to remain a member of one.

4. Any associations or groupings whose purposes or activities are contrary to the constitutional order, or which incite and practice violence, promote tribalism, racism, dictatorship, fascism or xenophobia, in addition to any military, militarised or paramilitary-type associations, shall be prohibited.

Article 49 (Freedom of professional and business association)

1. All members of the liberal or independent professions and, in general, all self-employed workers shall be guaranteed freedom of professional association in order to defend their rights and interests and to regulate the ethics of each profession.

2. Associations for members of the liberal or independent professions shall be governed by the principles of democratic organisation and functioning and independence from the state, under the terms of the law.

3. The ethical standards of the professional associations may not contradict the constitutional order, fundamental human rights or the law.

Article 50 (Trade union freedoms)

1. It shall be recognised that all workers have the freedom to create trade union organisations to defend their collective and individual interests.

2. It shall be recognised that trade union associations have the right to defend the rights and interests of workers and to exercise the right to social dialogue, which must duly take into account the fundamental human rights of individuals and communities and the actual capacity of the economy, under the terms of the law.

3. The law shall regulate the founding, affiliation, federation, organisation and closure of trade union associations and shall guarantee their autonomy and independence from employers and the state.