94. The Respondent State further contends that the African Commission has failed to comply with Rule
6(3)16 of its own Rules of Procedure. The Commission notes that the provisions cited by the Respondent
State relating to the Provisional Agenda of the Commission's sessions are now contained in Rule 32 of the
Commission's Rules of Procedure. The Commission recalls that Rule 32(2) of its Rules of Procedure
provides as follows: The provisional Agenda shall include but not be limited to, items on "Communications
from States" and "Other Communications" in accordance with the provisions of Articles 48, 49 and 55 of the
Charter.
95. The Commission reaffirms that Rule 32(2) of its Rules of Procedure permits "Other Communications"17
such as the one now being considered to be included in the Agenda of the Commission's Session. In line
with that provision, the present Communication is properly before the Commission as it has duly been
included in the Agenda of the Session.
96. The Respondent State contends further that the present Communication ought to have been declared
inadmissible because it fails to comply with certain aspects of Article 56 of the African Charter. The
Commission recalls that the Respondent State was contacted at every stage and given ample opportunity
to present its position and arguments regarding the admissibility of this Communication but the Respondent
State did not take advantage of the opportunity.
97. The Commission notes further that in the event that a State Party fails to submit its observations on
admissibility within 60 days from the receipt of the Complainant's submission from the Secretariat as set out
in Rule 105(2) of the Commission's Rules of Procedure, this Commission is authorised to proceed to make
a decision on the admissibility of the Communication. In such cases, the Commission examines the
admissibility submissions of the Complainant against the provisions of Article 56 of the African Charter. The
Commission notes that in relation to the present Communication, this procedure has been followed to the
letter. Accordingly, the Commission cannot revisit its admissibility decision in respect of the
Communication.
98. Notwithstanding the fact that its Admissibility decision in respect of the Communication will not be
reviewed, the Commission notes the Respondent State's argument that the present Communication should
have been declared inadmissible on the grounds that it contradicts Articles 3(b) and 4(b) of the AU
Constitutive Act. In that regard, the Commission recalls the Complainant's submission that the present
Communication does not seek a decision on political self-determination or a right to secede from the
Respondent State.
99. In its correspondences and submissions to the Secretariat, the Complainant has maintained that its
claim is strictly restricted to a request for a decision on economic self-determination and a determination of
the right of the people of Cabinda to enjoy the use of natural resources located within the Province of
Cabinda. The Commission has also considered the prayers of the Complainant and notes that the claims
as formulated do not contradict the provisions of Articles 3(b) and 4(b) of the AU Constitutive Act. The
Commission does not consider itself bound to pronounce on the amicus briefs which seek to introduce
secessionist dimensions to the Communication. Accordingly, the Commission proceeds to determine the
Communication based on the submissions of the Parties.
Alleged violation of article 14
100. The Complainant alleges that the Respondent State has violated the right to property of the people of
Cabinda contrary to Article 14 of the African Charter. Article 14 of the African Charter provides as follows:
The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or
in the general interest of the community and in accordance with the provisions of appropriate laws.
101. The Complainant contends that an incident of the right to property as guaranteed in the African
Charter is that the natural resources of Cabinda must be administered largely for the benefit of the people
of Cabinda since the people of Cabinda claim a distinct identity from the rest of Angola. It is also the
Complainant's argument that the Respondent State is not entitled to unilaterally grant resource licences
and concessions on Cabinda resources.
102. The Respondent State submits that its Constitution provides for the right to property and that the
constitutional right is available to all the peoples of Angola. However, the State argues that certain items
are classified in its Constitution as property in the public domain intended to serve the wider national
interest rather than the interest of a smaller unit within the state. The Respondent State further challenges
the Complainant's argument that the Government of Angola has not managed natural resources for the
benefit of Cabinda people.
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