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Cabinda v Angola Submission on the Merits ACHPR

Cabinda v Angola Submission on the Merits ACHPR

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Submission on the mertis by Cabinda in Cabinda v Angola ACHPR case no. 328/06
Submission on the mertis by Cabinda in Cabinda v Angola ACHPR case no. 328/06

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Published by: Dr. Jonathan Levy, PhD on Feb 20, 2012
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12/30/2012

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BEFORE THE AFRICAN COMMISSION ON HUMAN & PEOPLES’RIGHTSFLEC (Front for the Liberation of the Enclave of Cabinda)Cabindavs.The Republic of AngolaCommunication 328/2006SUBMISSION ON THE MERITSFor the Complainant-FLEC:Dr. Jonathan Levy, PhDInternational Criminal Bar/ 
 
Barreau Pénal No. 100465Attorney for Complainant-FLEC37 Royal Pointe Dr.Hilton Head Island, SC USA 29926Tel/Fax 001 202-318-2406Email jonlevy@hargray.com
 
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INTRODUCTION
Economic self determination has been maligned as a “poor cousin” topolitical self determination. Yet in Africa especially, this is not the situation.The old struggle against imperialism and colonialism has been supersededby neocolonialism and post colonialism. The wealth and resources of Africastill enrich powerful outside interests while the people of Africa languish.The protectorate of Cabinda was born of the European scramble forcolonies, today the oil of Cabinda drives the economies of Europe and NorthAmerica, enriches the shareholders of Chevron, and makes it possible for thegovernment of Angola to maintain itself. The majority of Cabindans areimpoverished and unemployed. Cabinda is a metaphor for Africa andCabinda’s economic self determination matters to all who oppose injustice.1. Communication 328/2006 concerns itself with economic self determination in the territory of Cabinda and in particular the disposition andexploitation of onshore oil, mineral, and natural resources.2. This submission on the merits makes the case that the Commissionshould find cause to grant FLEC’s request and appoint a Special Rapporteuron the issue of Cabinda’s economic self determination and the disposition of onshore resources.3. FLEC contends that neutral fact finding is urgently needed as thesituation within Cabinda remains unstable and volatile as set forth in theupdate to the facts
infra.
4. The Complainant alleges that the Respondent State has violated theapplicable Articles 14, 19, 20, 21, 22 and 24 of the African Charter inregards to its administration of the natural resources patrimony of Cabinda:5.
 Article 14
 
“The right to property shall be guaranteed. It may only be encroached uponin the interest of public need or in the general interest of the community andin accordance with the provisions of appropriate laws.”
 
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6.
 Article 19
 
All peoples shall be equal; they shall enjoy the same respect and shall havethe same rights. Nothing shall justify the domination of a people by another.7.
Article 20
 
1. All peoples shall have the right to existence. They shall have theunquestionable and inalienable right to self- determination. They shall freelydetermine their political status and shall pursue their economic and socialdevelopment according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselvesfrom the bonds of domination by resorting to any means recognized by theinternational community.3. All peoples shall have the right to the assistance of the States parties to thepresent Charter in their liberation struggle against foreign domination, be itpolitical, economic or cultural.8
 . Article 21
 
1. All peoples shall freely dispose of their wealth and natural resources. Thisright shall be exercised in the exclusive interest of the people. In no caseshall a people be deprived of it.2. In case of spoliation the dispossessed people shall have the right to thelawful recovery of its property as well as to an adequate compensation.3. The free disposal of wealth and natural resources shall be exercisedwithout prejudice to the obligation of promoting international economiccooperation based on mutual respect, equitable exchange and the principlesof international law.4. States parties to the present Charter shall individually and collectivelyexercise the right to free disposal of their wealth and natural resources with aview to strengthening African unity and solidarity.

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