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Communication 328/06

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Front for the Liberation of the State of Cabinda vRepublic of Angola40

Ordinary Session

Commissioner Mumba Malila41

Ordinary Session: Commissioner Mumba Malila42

Ordinary Session: Commissioner Mumba Malila43

Ordinary Session: Commissioner Mumba Malila44

Ordinary Session: Commissioner Mumba Malila45

Ordinary Session: Commissioner Mumba Malila46

Ordinary Session: Commissioner Mumba Malila47

Ordinary Session: Commissioner Mumba Malila48

Ordinary Session: Commissioner Mumba Malila49

Ordinary Session: Commissioner Mumba Malila50

Ordinary Session: Commissioner Med Kaggwa10

Extra-Ordinary Session: Commissioner Med KaggwaSummary of the Compliant:

On 29 September 2006, the Secretariat of the African Commission on

Human and Peoples‟ Rights (the Secretariat) received

a Complaintfrom

Front for the Liberation of the State of Cabinda - FLEC (theComplainant) on behalf of the people of Cabinda against the Republicof Angola

(the Respondent State or Angola) in accordance with Article55 of the African Charter on Human and Peoples' Rights (the AfricanCharter).2.

The Complainant submits that Cabinda, formerly known as thePortuguese Congo, consists of a territory of approximately 2800 squaremiles. The Complainant further submits that in 1885 the independentrulers of Cabinda city and its environs entered into a treaty, the Treatyof Simulambuco, with the Government of the Kingdom of Portugalestablishing a Protectorate over much of present day Cabinda.3.

In 1975, the Complainant states, the Alvor Conference in Portugal,between the colonial power and UNITA, MPLA, and FNLA declaredthe annexation of Cabinda by Angola without any Cabindanparticipation.

Angola ratified the African Charter on 2 March 1990.

Communication 328/06

–

Front for the Liberation of the State of Cabinda v Republic ofAngola

2 |Page

Extraordinary Session of the ACHPR

The Complainant alleges that since 2002, the Respondent State hasundertaken a massive military campaign against Cabinda and thatwhen this failed, the former entered into

ad hoc

negotiations withCabindan factions in an attempt to confuse issues. These negotiationsexcluded the Chairman of FLEC, Mr. Nzita Tiago - the only universallyrecognized Cabindan authority

–

and resulted in a Peace Accord thatwas contested by both Cabinda and the democratic opposition inAngola, the UNITA.5.

The Complainant further alleges that the Respondent State has alsomaintained a large military force in Cabinda which has committednumerous documented human rights violations therein.

TheComplainant claims that in 2006 the Angolan Forces (FAA) committeddozens of human rights and humanitarian violations such as: thebombardment of civilian dwellings in the Mayombe (Piading) region;summary execution of Cabinda patriots in Buco, Zao and beatings andtorture of Mpalabanda members in Caio Poba.6.

The Complainant claims that in July 2006 Angola banned the onlyindependent human rights organization in Cabinda, Mpalabnda(Associacao Civica de Cabinda) by a court order, for allegedly incitingviolence and hatred, and carrying out political activities rather thanbeing a civil society organization.7.

Furthermore, the Complainant avers that the Angolan Government isexercising economic exploitation of Cabindan resources. They claimthat Cabindans have been suffering from high unemployment, lack ofeducational opportunities, disease and intense poverty since theAngolan Government took over

Cabinda‟s natural resources such as

offshore oil, onshore mineral and oil resources.8.

The Complainant further alleges that Angolan Government haseconomically dominated the Cabindan people by denying them theirstatus as people and by extracting more than ninety

per cent

(90%) oftheir economic patrimony while returning less than ten

per cent

(10%).

In so doing, Angola‟s

Government, the Complainant alleges, hasperpetrated neo-colonialism.

The alleged violations include extrajudicial/summary executions, arbitrary arrests

and detention, sexual violence, denial of civilians‟ freedom of movement, torture and other

mistreatment.

Communication 328/06

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Front for the Liberation of the State of Cabinda v Republic ofAngola

3 |Page

Extraordinary Session of the ACHPR

The Complainant also contends that although Cabindans are separateculturally and linguistically from Angola and overwhelmingly identify

themselves as „Cabindans‟, not Angolans, the Cabindan people have

been denied their right to self-determination by Angola.10.

The Complainant submits that despite over 30 years of conflict, Angolahas

refused a referendum on the issue of Cabindan autonomy,independence or continued occupation by Angola since 1975. TheComplainant alleges that Angola does not permit Cabinda todetermine its own economic and social development. The Complainantstates

that all economic decisions are made in Luanda, Angola‟s capital

city and not Cabinda, even though Cabinda has maintained agovernment in exile since 1963 and has had an active self-defence forceand civil administration inside Cabinda since 1975.

Articles alleged to have been violated:

11.

The Complainant alleges that the Respondent State has violatedArticles 14, 19, 20, 21, 22 and 24 of the African Charter.

Procedure:

12.

The present Communication was received by the Secretariat on 29September 2006.13.

The Secretariat acknowledged receipt of the Communication to theComplainants by letter of 2

October 2006, informing them that theCommunication would be scheduled for consideration by the AfricanCommission at its 40

Ordinary Session held in November 2006 inBanjul, The Gambia.14.

At its 40

Ordinary Session, held from 15

to 29 November 2006, inBanjul, The Gambia, the African Commission decided to be seized ofthe Communication.15.

On 8 January 2007, the African Commission further received a pressstatement issued by FLEC on the current struggle for the control ofpetroleum in Cabinda, alleging continuous violations of the African

of 00

Cabinda v. Angola Case No. 238-2006

The African Commission for Human Peoples’ Rights (ACHPR), an organ of the African Union, ruled in favor of the Front for the Liberation of the State of Cabinda (FLEC) and agains... (More)

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Tags:	oil conflict africa Colonialism angola oil conflict africa Colonialism angola (fewer)