Alleged violation of Article 19 of the African Charter 111. The Complainant contends that the Respondent State has violated Article 19 of the Charter because the people of Cabinda have not enjoyed the right to equality as a people entitled to the same respect and rights as other peoples in Angola. Article 19 provides that: All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. 112. It is the Complainant's submission that Article 19 of the Charter has been violated in relation to the people of Cabinda because it anticipates that revenue from onshore resource extraction will "flow to Luanda just as offshore revenue does now". The Complainant alleges further that despite the resources extracted from Cabinda, unemployment is high and poverty, infant mortality and disease are higher in Cabinda than in most other areas of Angola. Thus, it claims the Respondent State has violated Article 19 of the African Charter in relation to the people of Cabinda. 113. In response to the alleged violation of Article 19 of the Charter, the Respondent State contends that its Constitution provides for the principle of equality and this is implemented in all its 18 provinces. The Respondent State argues further that 'it cannot implement measures aimed at developing the country based on the premise that revenue should only be spent in areas where it is generated. The Respondent State submits that while it is developing the entire country, the Province of Cabinda enjoys a "special status in view of its contribution towards the Angolan State General Budget". Thus, it claims that it has not violated Article 19 of the African Charter in relation to the people of Cabinda. 114. The Commission reaffirms its position that distinct and identifiable groups of "peoples" and communities exist within the State Parties to the African Charter and each set of "peoples" and communities is entitled to enjoy internal legal equality vis-?-vis other "peoples" and communities within the same state.24 The Commission notes that a claim of unequal treatment in violation of Article 19 of the Charter requires evidence that a given group or set of peoples who is in a position similar to another group or set of people has been or is being treated differently or that a given group or set of peoples who is in a position different to another group or set of people is treated similarly such that the "peoples" complaining suffer unfair and unjustifiable disadvantage that amounts to discrimination. 115. In its submission, the Complainant contends that the bulk of the anticipated revenue from the resources in Cabinda will "flow to Luanda while only 10% or less will get to Cabinda". The Complainant does not elaborate to show whether any single group of people in the Respondent State enjoys a greater share of allocation than the People of Cabinda. The Complainant also provides no documentary or other evidence in support of its claim. The Complainant does not produce the 2006 Peace Accord which it refers to in its submission. However, the Respondent State does not contest the claims but admits them partially to the extent that the Respondent State submits that the Province of Cabinda enjoys a special status since it receives up to 10% of oil revenue. 116. The Commission notes the Respondent State's submission that the 10% special revenue that accrues to Cabinda is in addition to other infrastructural costs that the Government funds in the Province of Cabinda. Although the Respondent State has also failed to adduce any documentary or other evidence in support of this claim, the Complainant has not contested the Respondent State's claim that only the Province of Cabinda (along with the Province of Zaire) enjoy the "special status". Accordingly, the Commission will make its decision on the basis of the unchallenged submissions of the Parties. 117. Generally, the Commission holds the view that real or substantive equality requires that groups who have suffered previous disadvantages or continue to suffer disadvantages within a state are entitled to some advantageous treatment especially where such groups bear an unequal part of the burden for the exploration of natural resources in that state.25 However, the Commission also notes the Respondent State's argument that it cannot implement measures that aim at spending revenue only in areas where it is generated. 118. The Commissions takes the view that the principle of equality requires the striking of a balance between a group's claim to advantageous treatment or affirmative action and the legitimate expectation of other groups within the state to share in the resources of that state. Accordingly, the Commission believes that a proper interpretation of equality in the present circumstance is one which recognises the right of the people of Cabinda to receive some advantage without endangering the survival of other peoples within the state or threatening the continued corporate existence of the Respondent State. 119. Although the Complainant contends that the people of Cabinda suffer unequal treatment as compared to the rest of Angola in terms of comparatively higher levels of unemployment, poverty, infant mortality and disease, no tangible evidence or data has been adduced to support these claims. As this Commission had 12