Yemen: Government must stop prosecution and harassment of journalists

The internationally recognized government (IRG) of Yemen must end its harassment and prosecution of journalists in areas under its control, including in Taiz and Hadramout governorates, Amnesty International said today.

Judicial authorities have over the past seven months prosecuted at least three journalists for publishing content that was critical of officials and public institutions. A fourth journalist was summoned by the criminal investigation directorate for questioning over a Facebook post in which he was critical of oil sale prices and arbitrarily detained him for around 9 hours.

Journalists should not be treated like criminals simply for being critical of government institutions and employees.

Diana Semaan, Amnesty International

“Journalists should not be treated like criminals simply for being critical of government institutions and employees. These journalists were just doing their job and their speech is protected under international human rights law. The internationally recognized government of Yemen has a responsibility to respect freedom of expression and should drop all charges against them,” said Diana Semaan, Acting Deputy Director for the Middle East and North Africa.

“Targeting journalists and activists for exercising their right to freedom of expression has a chilling effect on society. Its real aim is to silence dissent and deter critical voices.”

In the first half of 2022, the Yemeni Journalists’ Syndicate recorded 11 cases of attacks, including threats and incitement of violence, against journalists and media outlets, nine cases of detention, and six cases of prosecution and summoning by parties to the conflict. The Syndicate report found that the IRG was responsible for committing 23 of these violations, while the Huthi de facto authorities were responsible for 16.

The charges they faced include “insulting” a public employee, which carries up to two years imprisonment under the Penal Code, mocking army officials, offending a symbol of the state, and disturbing public order.

Under international law, “insult” is not a recognizable offense and does not justify a limitation on freedom of expression. In addition, the UN Human Rights Committee has stated that “the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties”.

Amnesty International opposes laws prohibiting insult or disrespect of heads of state or public figures, the military or other public institutions, flags or symbols – unless it constitutes incitement to discrimination, hostility or violence.

Criticism taken as “insult” criminalized by law

Amnesty International interviewed two lawyers and 10 journalists and activists, six of whom were summoned for questioning, by the criminal investigation directorate or the military intelligence for publishing content critical of the authorities.

Judicial authorities prosecuted two of the journalists under the Penal Code and a court gave them suspended prison sentences in 2022. In one of the cases, Taiz Public Prosecution had charged one journalist in 2019 with “insulting” public and military officials after he published several Facebook posts in which he criticised the military authorities in Taiz for their “thug-like” behaviour and their intimidation of journalists and activists. On 17 May 2022, Sabir Court of First Instance found him guilty and sentenced him to a one-year suspended prison term and a fine under Article 292 of the Penal Code. He said: “This prosecution is for settling political scores. The side that is prosecuting me is the one in control of the army, the security apparatus, and the judiciary.”

Another journalist was sentenced on 21 June 2022 by the Public Funds Courts in Hadramout to a three-month suspended prison term for “insulting a public employee” and “threatening to publish private secrets” citing Articles 172 and 257 of the Penal Code, respectively, after he published an article that was critical of the academic standing of the public university in Hadramout.

He questioned how that could be framed as an offence to a government employee: “what has the Public Prosecution gained from dragging me through court for nearly a year, just because I told the truth which most people agree with?” he told Amnesty International.

Self-censorship as press freedom threatened

One journalist is still facing trial based on trumped-up charges and could face up to at least three years imprisonment if sentenced. He is being tried before the Specialized Criminal Court of First Instance in Hadramout based on trumped up national security-related charges for publishing articles calling on the local authorities in Hadramout to stop using intelligence agents to persecute journalists and calling for the governor to be changed. He told Amnesty International that security agents were regularly stationed outside his house and office in response to him speaking out against the governor in 2019.

Neither the journalist nor his lawyer have been able to access the case file containing the evidence brought against him, in violation of the right to a fair trial.

Two other journalists told Amnesty International they had stopped publishing critical views of the authorities out of fear of persecution. One of them said: “I have resorted to silence and stopped journalism temporarily, but it is a frustrating, bitter and humiliating fate.”

The use of national security laws or defamation laws with the purpose or effect of inhibiting legitimate criticism of government or public officials violates the right to freedom of expression. National security and public order should be precisely defined in law to guard against over-broad or abusive interpretation and application.

“The internationally recognized government of Yemen must immediately end its harassment and prosecution of journalists and respect their right to freedom of expression. It can start by dropping the practice of summoning activists and journalists to security and military agencies and ending the abuse of laws on criminal defamation and national security to suppress dissent. The IRG must also bring national legislation curtailing the right to freedom of expression into line with the international standards,” said Diana Semaan.

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Equatorial Guinea: ‘Cleaning Operation’ tramples on human rights, not crime

The Equatorial Guinean authorities must immediately stop arbitrarily and indiscriminately arresting young men in their fight against gang crime, said Amnesty International today after documenting numerous testimonies related to these arrests.

In response to an alleged increase in crime by youth gangs, especially a group known as the “8 Machetes”, Equatorial Guinea’s Vice President, Teodoro Nguema Obiang Mangue, launched a national plan to combat these gangs at the beginning of May, which was labelled by the authorities as a “Cleaning Operation”.

On 9 May 2022, Vice President Nguema Obiang Mangue said in a video broadcast on national TV that he had decided to launch the operation ‘to clean’ the streets of Equatorial Guinea of criminals and bandits, and to highlight the “right way” to young criminals.

The ‘Cleaning Operation’ in Equatorial Guinea is deeply concerning as it leads to egregious violation of human rights. Under the pretext of fighting criminality, young people are being arbitrarily arrested and detained, with many facing torture or other ill-treatment, losing their lives, or being forcibly disappeared.” 

Marta Colomer, Amnesty International’s Senior Campaigner for West and Central Africa.

“The Equatorial Guinea authorities must immediately end this campaign, which amounts to little more than a targeted assault on human rights. It is entirely possible to deal with criminal cases while also respecting human rights.”

Mass arrests and curfews

The government’s plan includes a curfew for young people, as well as sending suspected criminals to high security prisons. In a single week in May, more than 400 young people were arrested, while three months later, thousands of young men were reportedly arrested across the country. Due to a lack of evidence in some cases, some judges decided to grant parole to those arrested. At least two of those arrested, however, died in prison.

Amnesty International spoke with relatives of arrested and detained individuals. In many cases, they said their relatives were mistreated by the security forces during their arrest and detention.

Rubén, a 21-year-old from Campo-Yaunde, was arrested alongside a group of other young people on 20 May while gathering in the Campo-Yaunde area of Malabo, the capital. The group had been described by the authorities as criminals. On 6 June, he died in prison. The family received his body and a medical report, which indicated that Rubén had suffered from breathing difficulties and anorexia, among other health issues. The family maintains that Rubén had no health problems at the time of his arrest.

An older brother of two arrested boys told Amnesty: “The government is reacting to the actions of a criminal gang that was stealing from people, but they are taking people at random. Some are criminals, but others are just innocent men. They don’t investigate. We are not the only ones affected. Many families are also affected all over the country.”

‘He is a gangster, and we are going to put him in jail’

For many other young people arbitrarily arrested by security forces, their whereabouts remains unknown, while their families are often left with little or no news.

Lucas, a 24-year-old, was arrested by the Rapid Intervention Force on 8 May while spending time with his girlfriend and other friends. They were taken to the Central Police Station in Malabo. When Lucas’ girlfriend, Anita, tried to visit him, the police said her boyfriend “is a gangster, and we are going to put him in jail”. 

The family heard from informal sources that Lucas is reportedly being held in Black Beach, a high security prison in Malabo, yet nobody could confirm this information. The lack of official information on his fate or whereabouts may turn his deprivation of liberty into an enforced disappearance – a crime under international law.

Anita told Amnesty International: “The only thing they are saying is that none of those arrested are innocent. If at some point it is proven that they are innocent, then they will be released. What happened to Lucas is happening all over the country. It’s not just here in Malabo.”

Santiago, a 22-year-old student arrested in the municipality of Bata three months ago, is still being arbitrarily detained by the police. Although the police told his family there was no proof of Santiago’s criminality, they demanded a payment of 100.000 CFA (around US$150) for his release. As the family were unable to pay, Santiago remains in detention in an unknown location.

“It’s not just my story. All the police stations are overcrowded with young boys who have been arrested. The other day, when I went there, there were at least more than 400 boys,” said Santiago’s father.

According to the African Charter on Human and Peoples’ Rights, to which Equatorial Guinea is a party, arrested and detained persons have the right to contact and access a family member or other person of their choice. A few days before the launch of the “Cleaning Operation”, the President Teodoro Obiang Nguema Mbasogo told the people of Equatorial Guinea that the plan does not undermine human rights, and that international human rights organizations who criticize it are trying to destabilize the country.

The Equatorial Guinean authorities must urgently offer transparent information on deaths in detention and torture and other ill-treatment. They must also ensure those suspected of criminality face justice in fair trials before ordinary civilian courts and release all those who have been arbitrarily arrested and detained.”

Marta Colomer

*Name changed to protect identities

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Let’s raise our voices #UntilWeAreHeard


Let’s raise our voices #UntilWeAreHeard

The State of Mexico is one of the most dangerous states for women in Mexico! It ranks first in the number of feminicides committed every month and the majority of the killings go unpunished.

Amnesty International Mexico documented four cases of feminicide following disappearances in the eastern region of the State of Mexico, specifically analyzing the failings in the criminal investigations into the cases. The findings in these cases are consistent with a pattern of failings in criminal investigations that has been previously identified by other research and has been highlighted by civil society organizations and rights holders themselves.

I believe that to this day we are still fighting to be heard. We are still trying to get the State of Mexico to provide solutions for us as women. 

Laura Curiel, mother of Daniela Sánchez Curiel

All of this suggests that feminicidal violence and the failings in the investigation and prevention of this violence are not mere anecdotes from the north of Mexico but are part of a wider reality in the country. Thus the failings in the criminal investigations seen in Ciudad Juárez more than 20 years ago are still occurring today in other parts of Mexico. In this regard, the Mexican government continues to fail in its duty to investigate and, therefore, in its duty to guarantee the rights to life and personal safety of the victims and its duty to prevent violence against women.

We need more sensitive officials who really put themselves in our shoes in order to carry out all these proceedings that the families are requesting. 

Ana Sosa, daughter of Julia Sosa Conde

The Mexican authorities continue to violate the rights to access to justice and legal protection of the families of victims of feminicide and disappearances, the duty of non-discrimination, and the right to personal safety due to the suffering and harassment suffered by the families.

The investigations carried out by the authorities into these feminicides are lacking because:

● They lose evidence and do not look into different lines of investigation.

● They do not apply a gender perspective as set out in the protocols for investigating violent deaths of women.

● Their failure to act forces the mothers, daughters and family members of victims of feminicide to spend time and money on investigation work that is the responsibility of the government, and to put pressure on the authorities to comply with their duties.

This seriously affects the families’ access to truth, justice, comprehensive reparation and guarantees of non-repetition.

The cases documented are: Nadia Muciño Márquez, disappeared and killed in 2004; Daniela Sánchez Curiel, disappeared in 2015, whereabouts currently unknown and whose family believe was a victim of feminicide; the case of Diana Velázquez Florencio, disappeared and killed in 2017; and the case of Julia Sosa Conde, disappeared and killed at the end of 2018.

Mothers, daughters and family members continue to seek justice.

It is the government’s duty to provide us with prompt and expedited justice and truth. And that is not the case.

María Antonia Márquez, mother of Nadia Muciño

Laura lost her daughter in 2015. She still doesn’t know what happened.

© Amnesty International

Lidia Florencio has been seeking justice for her daughter Diana Velázquez Florencio for more than 5 years.

© Amnesty International

María Antonia Márquez has been seeking justice for her daughter Nadia Muciño Márquez since 2004.
Ana Sosa had to search for her missing mother by herself, without the support of authorities.

In this campaign we call on the authorities to:

● Take a public stance to acknowledge the failings in investigations into feminicides following disappearances in the State of Mexico.

● Allocate the resources needed to deal with gender-based violent crimes in the State of Mexico, and those necessary for the public officials who carry out this work to be able to do it efficiently and in decent working conditions.

● Investigate any public officials who have committed misconduct or offences against victims and impose appropriate disciplinary measures where necessary.

● Guarantee the right to truth, justice, comprehensive reparation and guarantees of non-repetition of the mothers, daughters, sons and family members of the victims.

It is only with actions taken by the family, with pressure, that we see progress from the Attorney General’s Office

Lidia Florencio, mother of Diana Velázquez Florencio

Watch the full documentary Hasta ser Escuchadas

MORE INFORMATION ON THE FAILINGS IN THE CRIMINAL INVESTIGATIONS INTO FEMINICIDES FOLLOWING DISAPPEARANCES IN THE STATE OF MEXICO

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Venezuela: UN Human Rights Council Should Renew Experts’ Mandate

Due to lack of judicial independence, international accountability, monitoring are key

The United Nations Human Rights Council should renew the mandate of its Independent International Fact-Finding Mission on Venezuela, 125 national and international organizations working on Venezuela said today. The Mission, established in 2019 to investigate systematic human rights violations in Venezuela, has played a key role in pushing for accountability for serious crimes in the country and ensuring international scrutiny over the ongoing crisis, the groups said in a joint question-and-answer document.

The Mission’s experts are scheduled to present their third report at the 51st session of the Human Rights Council, from September 12 to October 7, 2022. A resolution is needed to extend the mission’s mandate beyond September. In the past, a group of Latin American countries led this initiative and presented a text establishing the Mission’s mandate for adoption. If a vote is called, a simple majority of voting members is needed to adopt the text.

Latin American governments should once again lead this effort for accountability and ongoing monitoring and urge all UN member states to support the renewal of the mandate, the groups said. The groups will hold a news conference about this key issue on August 17 at 10 a.m. Caracas time.

The Human Rights Council established the Mission in 2019 to investigate “extrajudicial killings, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment since 2014,” including sexual and gender-based violence, with a view to “ensuring full accountability for perpetrators and justice for victims.” In 2020, the mission’s initial one-year mandate was extended for another two years, until September 2022.

In 2020, the mission concluded that there were sufficient grounds to believe that crimes against humanity had been committed in Venezuela, that “high-level authorities had knowledge of those crimes”, and that “commanders and superiors knew or should have known about those crimes and … did not take measures to prevent or repress them.” A year later, in its second report, the Mission documented the country’s lack of judicial independence and impunity for human rights violations, and reported that Venezuela’s justice system served as a mechanism of repression instead of a guarantor of rights, emboldening state agents to continue carrying out abuses.

The failure of the Venezuelan authorities to implement the Mission’s recommendations and the structural conditions that prompted the creation of the Mission remain, including impunity, lack of domestic avenues for redress for victims of abuses, and the government’s continued attempts to evade international scrutiny, the groups said. In the face of a Venezuelan government that does not seriously respond to the recommendations, the Mission has advanced the search for truth, justice, and reparation for victims and survivors of human rights violations. It has also outlined the fundamental reforms needed to prevent further violations and abuses.

Renewing the mandate would allow experts to continue gathering evidence of serious, ongoing human rights violations, report on current dynamics in the country, and provide recommendations for necessary action.

Presidential elections are scheduled for 2024, and legislative and regional elections are set to take place in 2025. Government repression has peaked during past election periods. The Mission can perform a crucial early warning role that may help to deter such abuses, the groups said. The question-and-answer document explains how the Fact-Finding Mission complements and supports the role of the Office of the United Nations High Commissioner for Human Rights and that of the Office of the Prosecutor of the International Criminal Court. It also emphasizes that the Mission can help to strengthen political dialogue, helping to ensure that any discussions include a human rights approach that contributes to improving the situation in Venezuela.

Venezuelan authorities are undertaking a strategy of apparent, but not genuine, engagement with the Human Rights Council and its procedures, as they did in 2019 and 2020. However, during her oral update in July 2022, UN High Commissioner for Human Rights Michelle Bachelet reported that while crimes under international law continue being committed, her team is no longer granted access to two Venezuelan detention centers, Helicoide and Boleita, and military detention centers, where detainees are being arbitrarily detained for political reasons.

Venezuelan authorities have also failed to implement recommendations by various human rights mechanisms. Justice system reforms recently announced by Venezuelan authorities have not meaningfully addressed the serious damage done to judicial independence, and do not ensure full and effective investigations of human rights violations, the groups said.

List of Signatories:

AC Conciencia Ciudadana

AC Instituto Mead de Venezuela

AC Liderazgo y Vision

AC Los Naguaritos

AC Médicos Unidos de Venezuela

AC Trabajando Sin Frontera

Acceso a la Justicia

Acción En Positivo

Acción Solidaria

AlertaVenezuela

Alianza de Familiares de Víctimas en Venezuela (AlfavicVzla)

Amnesty International

Asociación Cauce

Asociación de Liderazgo para la Mujer (ALMA)

Asociación Mujeres Sin Fronteras

Asociacion Venezolana para la Hemofilia

Asosaber

Aula Abierta

Bandesir Lara

CADAL

Caleidoscopio Humano

Caminos de la Memoria

Cátedra de Derechos Humanos de la Universidad Centrooccidental Lisandro Alvarado

Center for Intercultural Dialogue (North Macedonia)

Center for Justice and Peace (CEPAZ)

Centre for Civil and Political Rights (CCPR-Centre)

Centro de Atención Integral Psicopedagogica Individual (CAIPI)

Centro de Atención Psicosocial CAPS

Centro de Derechos Humanos de la Universidad Metropolitana (CDH-UNIMET)

Centro de Investigación Social, Formación y Estudios de la,Mujer (CISFEM)

Centro para los Defensores y la Justicia (CDJ)

Centro por la Justicia y el Derecho Internacional (CEJIL)

Children Believe

Ciudadanía Con Compromiso AC

Civil Rights Defenders

Civilis Derechos Humanos

Comisión de Derechos Humanos de Pucallpa

Comisión de Derechos Humanos/COMISEDH

Comisión Ecuménica de Derechos Humanos

Comisión Episcopal de Acción Social – Peru

Comisión Nacional de Derechos Humanos de la Federación de Colegios de Abogados de Venezuela del estado Lara

Comisión ULA Mujer

Comité de DDHH para la defensa de pensionados, jubilados, adultos mayores y personas con discapacidad

Comunidad en Movimiento AC

Control Ciudadano para la Seguridad, la Defensa y la Fuerza Armada Nacional

Coordinadora de Lucha Vecinal Lara

Coordinadora Nacional de Derechos Humanos

DefensActiva

Defiende Venezuela

Diverlex Diversidad e Igualdad a Través de la Ley

Doria Esther Benaim

Due Process of Law Foundation/Fundación para el Debido Proceso (DPLF)

Entretejidas

Epikeia Derechos Humanos

Espacio Público

Foro Penal

Freedom House

Funcamama, fundación de lucha contra el cáncer

Fundacion Aguaclara

Fundación Aylwin Chile firma

Fundación Ciudadanía y Desarrollo

Fundación Construir

Fundación Euménica para el desarrollo y la paz (FEDEPAZ)

Fundación Iribarren Lucha

Fundación Lucelia

Fundacion Prodefensa del Derecho a la Educación y la Niñez

FundaRedes

FUNDEMUL Venezuela

Global Centre for the Responsibility to Protect

GobiérnaTec

Hearts On Venezuela

Hombres por la equidad e igualdad

Human Rights Watch

Iniciativa para Una Justicia Igualitaria ONG

Instituto de Prensa y Libertad de Expresión IPLEX

Instituto Prensa y Sociedad IPYS (Perú)

Instituto Venezolano de Estudios Sociales y Políticos -INVESP

International Center for Transitional Justice

International Commission of Jurists (ICJ)

International Service for Human Rights (ISHR)

Justicia Encuentro y Perdón

KISTH

Laboratorio de Paz

Maria Antonieta Torres Ferrer

María Teresa Sánchez.

Monitor de Víctimas

Movimiento Manuela Ramos

Movimiento Ciudadano Dale letra

Movimiento Decode

Movimiento San Isidro (MSI)

Mulier

Observatorio de Derechos Humanos Universidad de Los Andes

Observatorio Global de Comunicacion y Democracia

Observatorio Venezolano de Prisiones

ODEVIDA, Capítulo Venezuela

Ong Hombres por la equidad e igualdad

Operación libertad internacional

Pacientes Oncologícos

Panamerican and Caribbean Union for Humans Rights PACUHR

Paz y Esperanza

People in Need

Prepara Familia

PROMEDEHUM

Provea

Proyecta Ciudadanía AC

Race & Equality (Raza e Igualdad)

Red de Activistas Ciudadanos por los Derechos Humanos

Red naranja Venezuela

Robert F. Kennedy Human Rights

Rosibel Torres

Sinergia, Red venezolana de organizaciones de la sociedad civil

SOS Pacientes Renales

The Kota Alliance

Transparencia Venezuela

Una Ventana a la Libertad

UNFPA

Unión Afirmativa

Unión Vecinal para la Participación Ciudadana AC

Veneactiva Perú

Washington Office on Latin America (WOLA)

Women Riots

Women’s Link Worldwide

WUNRN-Women’s UN Report Network

100 voces

100% Estrógeno ONG

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Angola: Unlawful killings, arbitrary arrests and hunger set election tone

Angola has faced an unprecedented crackdown on human rights, including unlawful killings and arbitrary arrests, in the lead up to the 24 August election, Amnesty International said today.

Angola has been characterized by an increase in brutal crackdowns on human rights in recent years, including repression of any form of dissent

Deprose Muchena, Amnesty International's Director for East and Southern Africa

In its new briefing, Make the vote meaningful for human rights observance: Human rights manifesto for Angola ahead of the 2022 general election”, the organization details how Angolan authorities have increased their clampdown on human rights amid a deteriorating humanitarian situation compounded by drought-induced hunger in the country’s southern region.

“Angola has been characterized by an increase in brutal crackdowns on human rights in recent years, including repression of any form of dissent. Protesters, including young people demanding accountability and their socio-economic rights, have not been spared,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa.

As the country heads to the polls, authorities must outline their plans to respect human rights and ensure accountability for countless violations

Deprose Muchena

“As the country heads to the polls, authorities must outline their plans to respect human rights, ensure accountability for countless human rights violations, and access to justice and effective remedies for victims.

“Authorities must work with the international community to bring humanitarian relief to the victims of drought and hunger in the southern region.”

Unlawful killings, arbitrary arrests and hunger

At the height of the Covid-19 pandemic in 2020, the security forces responsible for implementing restrictions killed at least seven boys and young men by using excessive and lethal force.

In January 2021, police shot and killed dozens of activists who were peacefully protesting the high cost of living in the mining town of Cafunfo in Lunda Norte province.Security forces also chased down protestors in surrounding neighbourhoods and forests. While the exact numbers of those killed and injured remain unknown, dumped bodies were found in the nearby Cuango River.

Following the violent repression of a peaceful protest on 8 February 2021, the country’s Criminal Investigation Service arrested José Mateus Zecamutchima of the Lunda Tchokwe Protectorate Movement, which advocates for autonomy and self-determination of the eastern half of Angola. Accused of “association with evildoers and armed rebellion” and “leading the rebellion to overthrow the government”, José Mateus was subjected to an unfair trial and imprisonment. He has often been denied contact with his lawyer and family.

On 30 May 2021, police in Cabinda arrested and detained several protestors after violently ending their procession and confiscating their personal items. The demonstration was part of a wider five-province protest against drought-induced hunger, unemployment and the unaffordable cost of living.

Amnesty International is calling on the candidates in the upcoming election to publicly commit, if elected, to:

  • conduct prompt, thorough, impartial, independent, transparent and effective investigations into all the killings and hold those suspected to be responsible accountable in fair trials;
  • ensure access to justice and effective remedies for victims and their families;
  • bring to justice in fair trials all members of the security forces accused of using excessive and lethal force against peaceful protestors and provide access to justice and effective remedies for victims and their families; and
  • work with the international community to promptly bring humanitarian relief to the victims of drought and hunger in the southern region

Background

While land grabs of communal grazing sites by commercial cattle ranches have progressively eroded economic and social resilience of pastoralist communities since the end of the civil war in 2002, millions of people in the south of Angola are now facing further threats as a climate change-related drought continues. Food and water are growing increasingly scarce, which has caused thousands of people to flee their homes and seek refuge in neighbouring Namibia. On 24 August 2022, Angola will have the fifth general election since the end of the civil war. The vote will allow Angolans to elect their president and parliamentary representatives.

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