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FLEC v Angola Supplemental Brief

FLEC v Angola Supplemental Brief

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Front for the Liberation of the State of Cabinda's final brief to the African Commission on Human and Peoples' Rights in response to Angola's response.
Front for the Liberation of the State of Cabinda's final brief to the African Commission on Human and Peoples' Rights in response to Angola's response.

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Published by: Dr. Jonathan Levy, PhD on Jul 08, 2012
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BEFORE THE AFRICAN COMMISSION ON HUMAN & PEOPLES’ RIGHTS

FLEC (Front for the Liberation of the Enclave of Cabinda)

Cabinda vs. The Republic of Angola Communication 328/2006 SUPPLMENTAL BRIEFING IN REPLY TO STATE PARTY

For the Complainant-FLEC: Dr. Jonathan Levy, PhD International Criminal Bar/ Barreau Pénal No. 100465 Attorney for Complainant-FLEC 37 Royal Pointe Dr. Hilton Head Island, SC USA 29926 Tel/Fax 001 202-318-2406 Email jonlevy@hargray.com

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INTRODUCTION The gist of Angola’s argument against jurisdiction is that Cabinda is an insignificant political entity that has always been subordinate to Angola and does not have a separate identity. If Angola is correct, then the approach taken in ACHPR Communication 155/96, Social and Economic Rights Action Center (SERAC) and the Center for Economic and social Rights (CESR) v. Nigeria, would not apply since Cabindans would be indistinguishable from Angolans and not entitled to relief. This argument however is factitious on its face. 1 There is no dispute the political entity of Cabinda was a byproduct of the colonial grab for Africa known as the Congress of Berlin. Cabinda consists of three kingdoms: Kakongo, Loango and Ngoyo and was the result of the signing of three treaties: Chinfuma, September 29, 1883, Chicamba, 26 December 1884 and that of Simulambuco, February 1, 1885, the parties were the Traditional Chiefs of Cabinda and the Crown of Portugal. Legally Cabinda was a Portuguese Protectorate. The Treaty of Simulambuco was
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Angola also claims that FLEC is a terrorist organization. FLEC has already dealt with the incident of January 8, 2010 in its main briefing but notes that the African Union Assembly as does FLEC condemns the unknown and unnamed perpetrators of the January 8, 2010 incident. See Assembly/AU/DEC 273 attached. 2

ratified the same year by the Berlin Conference of 1885 held under the aegis of France, Great Britain and King Leopold II of Belgium. Since February 16, 1885, Cabinda was ruled by a Portuguese Governor Plenipotentiary dealing directly with Lisbon. In essence Cabinda was created by the colonial power much as present day Libya, Chad, Uganda or Nigeria was amalgamated by Italy, France, and Britain as administrative conveniences. FIOTE which is not spoken in Angola is the language of Cabinda along with French and Portuguese. Angola was a Portuguese colony since 1482. Cabinda and Angola are two territories that are significantly different from each other and completely unrelated by history or geography. The Democratic Republic of Congo separates Cabinda from Angola.. For financial reasons in 1956, Portugal could no longer afford its two Governors, one in Angola Colony and the other in Cabinda Protectorate. Thus Portugal united the governance of these two entities under a Governor General in Luanda, the capital of Angola. This merger was made to facilitate and ease the Portuguese administration. This was the case in other African territories now independent as in the former Belgian Congo with the Ruanda-Urundi (now Burundi and Rwanda) seat of government being in

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Leopoldville. Administrative convenience of the colonial power was also also the norm in French Equatorial Africa (Gabon, French Congo, UbangiShari, Cameroon) with its capital Brazzaville, and Dakar of course as the administrative seat of vast French West Africa. This administrative convenience however did not extinguish the existence of these entities, all of which are now independent. The Portuguese Constitution of 1933 in force until 1975 made a clear distinction between Cabinda and Angola in the first paragraph of Article 2, Title One. Cabinda was headed administratively by the Portuguese authority residing in Luanda from 1956, but remained legally separate from Angola. Likewise the decolinialization movement perceived Cabinda as a separate identifiable entity. On October 06, 1960, the Minister of Foreign Affairs of Congo (Brazzaville) spoke at the United Nations, a long speech in which he explained the problem of Cabindan people and their right to selfdetermination. At the Summit of the Organization of African Unity held in Cairo in 1964 the issue of Cabinda was again placed under the Committee's program of the decolonization of Africa and Cabinda was recognized as the 39th state to be decolonized (Angola was the 35th). On the occasion of the 24th Session of the Council of Ministers of the Organization of African

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Unity held in Addis Ababa, February 19, 1975, the Ministers of Foreign Affairs of the Congo and Zaire submitted two proposals, in favor of Cabinda. In 1963 in Loango (Pointe Noire) in Congo, the Front for the Liberation of the State of Cabinda (FLEC) was founded through the merger of three political movements. From the beginning, the battle of FLEC was directed against Portuguese colonialism. With the consent of the last Portuguese District Governor of Cabinda, Manuel Freire Themudo Barata , FLEC opened an office in Cabinda City, Cabinda's capital and in 1975 declared independence. However the Alvor Agreement of 1975 between Portugal and the three Angolan movements, MPLA, FNLA, and UNITA ignored FLEC and in violation of Portuguese law declared Cabinda part of Angola. This last political act of betrayal by Portugal cannot however extinguish the existence of the Cabindans as a separate and distinct people from Angolans. Until 1975, the perception of Cabinda by the world was as a separate entity as the following Exhibits from reliable historical sources indicate the African Union and United Nations until 1975 treated Cabinda as a separate entity and not part of Angola.
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Respectfully submitted this 6th day of July 2012:

Dr. Jonathan Levy Legal Representative for Complainant FLEC

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ASIAN-AFRICAN BLOC ASKS COLONIAL DATA
Special to The New York Times. New York Times (1923-Current file); Nov 9, 1960; ProQuest Historical Newspapers: The New York Times (1851-2008) pg. 9

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

Africans' Strength Is Displayed at U.N. In Colonial Debate
By DAVID ANDERSONSpecial to The New York Times. New York Times (1923-Current file); Nov 8, 1960; ProQuest Historical Newspapers: The New York Times (1851-2008) pg. 7

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

FOR AFRICA INDEPENDENCE IS ONLY A BEGINNING: Few Lands Ready For Challenge New States Face Many O...
By JOHN DESMOND New York Times (1923-Current file); Dec 15, 1963; ProQuest Historical Newspapers: The New York Times (1851-2008) pg. 174

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

A Nationalist Group in Cabinda Declares Area Free of Portugal
By THOMAS A. JOHNSON Special to The New York Times New York Times (1923-Current file); Aug 2, 1975; ProQuest Historical Newspapers: The New York Times (1851-2008) pg. 2

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

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