Pro Bono Practice and Opportunities in Angola

The provision of legal services is primarily governed by Law 8/17 of 13th May 2017 (the Advocacy Law (Lei da Advocacia)^[4]), the Angolan Bar Association’s Regulations^[5], the Angolan Bar Association’s Access to Legal Services Regulations,^[6] along with the Law 16/16 of 30th September 2016 (Law on Law Firms and Legal Associations (Lei das Sociedades e Associações de Advogados)^[7]), the Angolan Constitution,^[8] Decree-Law no. 15/95 of 10 November 1995 ^[9](Legal Aid Law), and Joint Executive Decree no. 46/97.^[10]

Lawyers working as in-house counsel are also subject to the same laws or rules as practicing lawyers. Only lawyers and trainee lawyers who are registered in the OAA can, throughout the country and before any jurisdiction, court, authority, or public or private entity, perform acts that are specific to the profession and, in particular, appear before a court of law in representation of clients.

However, the provision of legal consultation by law graduates who are public servants or who work under a contract of employment does not require registration in the OAA, insofar as those legal services are provided in exclusivity to the public body or private employer of the person at stake.

There are no express regulations governing or limiting the provision of pro bono legal services in Angola. Pro bono services could be regarded as voluntary activities specifically in the legal field. Law 17/21 of 30th July 2021 (Law on Volunteering (Lei do Voluntariado) governs any non-remunerated activity coming from private or public collective bodies in the objective of helping individuals, which may be applied to in-house lawyers.^[11]

Lawyers in private practice, however, have the independence to conduct their services as they see fit, as per the Advocacy Law.^[12] Although there is no statutory minimum legal fee schedule imposed on legal practitioners in Angola, there is a limitation to the financial benefits attributed to volunteering, declaring that any activity that could generate any financial benefit to the entity, organisations, or individuals that volunteer does not constitute volunteering,^[13] nor does the requirement of any kind of financial or material compensation of such activity.^[14]

Lawyers must be registered in the OAA in order to practise law (including the provision of pro bono legal services) in Angola, except in the cases described in a) 1 above.

Only foreign lawyers admitted to the OAA are allowed to practise law and provide pro bono legal services in Angola. There is a special apprenticeship regime for lawyers qualified in other jurisdictions requiring training within a legal practice for three months for qualified lawyers with a Roman-Germanic legal education, and six months for qualified lawyers with an Anglo-Saxon legal education.

Foreign individuals with a local law degree are allowed to apply for registration in the OAA and to carry out the required apprenticeship, but such registration is subject to the general principle of reciprocity with other countries.^[15]

Lawyers in Angola are not required to work a minimum number of pro bono hours. However, qualified lawyers are free to engage (and to some extent are encouraged by the OAA to engage) in pro bono activities, but are not obligated to accept pro bono (or any other) legal matters.

Aspiring lawyers in Angola are not required to complete a minimum number of hours of pro bono legal services to become licensed lawyers. Although trainee lawyers are often appointed by the OAA to provide legal services as a requirement to becoming licensed lawyers, these legal services are often financially supported by the State and, therefore, do not constitute pro bono legal services.

There are no aspirational pro bono hours targets for lawyers set by the local bar association, regulatory body, or other body in Angola.

Lawyers in Angola do not receive any CLE or equivalent credit for pro bono hours worked. The OAA does not currently offer any continuing legal education programmes for its admitted members, and lawyers in Angola are not required to undertake any such further continuing legal education.

Law firms are required by law to obtain Professional Indemnity Legal Insurance for all work, including the provision of pro bono legal services.^[16] Sole practitioners and in-house lawyers, however, are allowed to practise without professional indemnity legal insurance and are, therefore, able to take on pro bono work without such insurance.

Article 25 of the Law on Law Firms and Legal Associations ^[17] reinforces the OAA’s regulation on compulsory civil liability insurance by requiring law firms ^[18] to take out a civil liability insurance contract to cover the risks inherent in the professional activity of their members (partners, associates, trainee lawyers, or agents).

Advertising legal services in Angola is restricted and subject to strict regulations set forth by OAA. While lawyers may advertise their professional names, contact details, and expertise in legal magazines and general directorates, they are prohibited from advertising any kind of legal services and/or publicising details of their clients in the media (including pro bono successes).^[19]

The main areas of law that demand or offer opportunities for pro bono services in Angola are generally linked to human rights issues, social inclusion, and access to justice for the vulnerable groups. The main unmet legal needs include legal assistance on issues that directly affect disadvantaged communities, particularly in the areas of human rights and fundamental freedoms, with an emphasis on cases of discrimination, arbitrary detention, torture, and violations of political rights.^[20]

It also includes matters related to criminal law, especially for people in vulnerable situations accused of crimes, guaranteeing the right to a fair defence and dignified conditions of detention, children’s rights (including victims of abuse, exploitation, and guaranteeing access to education and health), and women’s rights and gender equality, serving women who face discrimination, gender-based violence, and economic exclusion, not to mention development of legal empowerment initiatives.

The main providers of pro bono legal services in Angola include the Angolan Bar Association (OAA), the Angolan government, the Public Defender’s Office of Angola, some law firms, NGOs such as the “Associação Justiça, Paz e Democracia” and the “Associação Pro Bono Angola”, which work in areas related to human rights and social justice, and universities and private legal support centers.

The Associação Pro Bono Angola has been particularly prominent in this area, especially with the recent implementation, in partnership with other entities, of the project titled “Kuzúela Uembu”.^[21]This initiative aims to strengthen the protection and promotion of freedom of expression in Angola. For this project, the association relies on the support of lawyers and legal consultants, albeit limited, who have extensive experience in human rights issues and legal guidance.

The OAA created the “Direito para Todos” (Justice for all) ^[22] programme, through which lawyers provide free legal advice to citizens in monthly pro bono clinics, including in prisons, with special attention to more remote regions of the country.

There have also been ongoing efforts to implement legal services programmes in Angolan universities. In 2014, the Faculty of Law at Agostinho Neto University created an inaugural pro bono clinic offering free legal advice in Cacuaco, aimed at supporting the launch of microenterprises.

These initiatives reflect a significant advancement in promoting access to justice in Angola, particularly for the most vulnerable segments of society, consolidating the pro bono culture in the country and expanding opportunities for legal assistance to those who need it most.

Although there are no specific examples in Angola of initiatives that use AI to promote access to pro bono legal services, the digitisation of the judiciary system has been discussed as a means of promoting human rights and access to justice. Studies indicate that the adoption of digital technologies can facilitate access to the judiciary, making it more agile and efficient.^[23] Furthermore, AI has been debated in Angola in the context of human rights. The United Nations High Commissioner for Human Rights has warned that recent advances in artificial intelligence represent a serious threat to human rights, calling for effective safeguards to control them.^[24]

Pro bono resources in Angola are limited. Several pro bono projects have been instrumental in promoting access to justice, especially for the most vulnerable populations. The OAA offers free legal assistance to low-income citizens, addressing issues such as land rights, labour rights, and family issues.

The “Direito para todos”^[25] programme (2019-2020), carried out by INADEC in partnership in the OAA, aimed to offer free legal services for consumer rights cases, commercial contracts, and access to education and public health.

The NGO Angola 2000, with support from the OAA, offers legal assistance to human rights defenders, journalists, and victims of abuse. The Faculty of Law at Agostinho Neto University also runs pro bono programmes, with law students providing assistance and advice.

There are a few organisations and initiatives in Angola where local and foreign lawyers who are registered in the OAA or legal advisors that graduated in Angola can register or find out about pro bono opportunities. Although there is no single, centralised platform dedicated exclusively to this purpose, there are several entities that promote pro bono work and provide information on opportunities in the country. These include the OAA,^[26] the Associação Mãos Livres – Associação para Juristas,^[27] the Human Rights Project at the UPRA Institute of Legal and Social Sciences, and the Associação Pro Bono Angola.^[28]

We are not aware of any awards, lists, or rankings related to pro bono work in Angola. Pro bono work is not yet recognised, and formalised awards, lists, or classifications dedicated specifically to pro bono work are not as prevalent as in some other countries. However, as this is a developing issue, initiatives likely will emerge within a few years as a result of work carried out by developing associations.