328/06 Front for the Liberation of the State of Cabinda v Republic of Angola Summary of facts: 1. The Complaint is brought by the Front for the Liberation of the State of Cabinda - FLEC (the Complainant) on behalf of the people of Cabinda (Victims) against the Republic of Angola1 (the Respondent State or Angola). 2. The Complainant submits that Cabinda, formerly known as the Portuguese Congo, consists of a territory of approximately 2800 square miles. The Complainant further submits that in 1885 the independent rulers of Cabinda city and its environs entered into a treaty, the Treaty of Simulambuco, with the Government of the Kingdom of Portugal establishing a Protectorate over much of present day Cabinda. 3. In 1975, the Complainant alleges, the Alvor Conference in Portugal, between the colonial power and UNITA, MPLA, and FNLA (all of which were liberation movements) declared the annexation of Cabinda by Angola without any Cabindan participation. Following this event, Angola has exercised sovereignty over Cabinda despite protestations by the people of Cabinda, through groups dedicated to the idea of a distinct identity for the people of Cabinda. 4. The Complainant alleges that since 2002, following attempts by groups in Cabinda to stake a claim to autonomy for the people of Cabinda, the Respondent State has undertaken a massive military campaign against Cabinda and that when this failed, the state entered into ad hoc negotiations with Cabindan factions in an attempt to confuse issues. These negotiations, the Complainant alleges, excluded the Chairman of FLEC, Mr. Nzita Tiago - "the only universally recognized Cabindan authority" - and resulted in a 2006 Peace Accord that was contested by both Cabinda and the democratic opposition in Angola, the UNITA. 5. The Complainant further alleges that following the rejection of the 2006 Peace Accord by the majority of Cabindans, fractions in Cabinda continued to demand local autonomy over the wealth of Cabinda. The Complainant states that the Respondent State has responded to the demands by maintaining a large military force in Cabinda, which has committed numerous documented human rights violations therein.2 6. The Complainant claims that in 2006 the Angolan Forces (FAA) committed dozens of human rights and humanitarian violations such as: the bombardment of civilian dwellings in the Mayombe (Piading) region; summary execution of Cabinda patriots in Buco, Zao and beatings and torture of Mpalabanda members in Caio Poba. 7. It is the Complainant further claim that in July 2006 Angola banned the only independent human rights organization in Cabinda, Mpalabnda (Associacao Civica de Cabinda) through the instrumentality of a court order, allegedly for inciting violence and hatred, and carrying out political activities rather than being a civil society organization. 8. Furthermore, the Complainant avers, Government of the Respondent State is exercising economic exploitation of Cabindan resources since the people of Cabinda are not allowed to have any say in the grant of licences and concessions over their resources. The Complainant claims that the people of Cabinda have been suffering comparatively higher unemployment, lack of educational opportunities, disease and intense poverty since the Government of the Respondent State took over Cabinda's natural resources such as offshore oil, onshore mineral and oil resources. 9. The Complainant further alleges that the Government of the Respondent State has economically dominated the Cabindan people by denying them their status as a people and by extracting more than ninety per cent (90%) of their economic patrimony while returning less than ten per cent (10%) to Cabinda. By this act, the Complainant alleges, the Respondent State has perpetrated neo-colonialism. 10. The Complainant also contends that although Cabindans are culturally and linguistically separate from Angola and have overwhelmingly identified themselves as 'Cabindans', not Angolans, the people of Cabinda have been denied their right to self-determination by Angola. 11. The Complainant submits that despite over 30 years of conflict over the status of Cabinda, the Respondent State has refused to hold a referendum on the issue of Cabindan question. The Complainant alleges that the Respondent State does not permit Cabinda to determine its own economic and social development. The Complainant states that all economic decisions are made in Luanda, the capital city of the Respondent State and not in Cabinda, even though Cabinda has maintained a government in exile since 1963 and has had an active self-defence force and civil administration inside Cabinda since 1975. 1

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