include the generation of evaluation studies and environment impact audits, landscape and structural
replenishment plans and standing contract mechanisms for environmental management and auditing.
87. The Respondent State submits that following an accident in the Gulf of Mexico, its Ministry of
Environment has audited oil rigs in the Angolan sea "with a view to preventing a repetition of what
happened in ... the Western Hemisphere". It also claims that its Ministry of Environment has "been holding
public consultation on environment impact evaluation in the Cabinda South Block in terms of Decree No
51". The Respondent State contends that these measures are not restricted to the oil sector but are
extended to other resources. Thus, it argues that it has not violated Article 24 of the African Charter.
88. In proof of its assertion, the Respondent State attached the results of its 2008 and 2012 Legislative
elections result but no other documents apart from a "Memorandum of Understanding and Integration of
FLEC Members" which states that the Respondent State has spent huge sums of money to register and
demobilise former FLEC soldiers. The Respondent State concludes by insisting that the Communication
should be considered inadmissible "for lacking a legal basis and probable cause".
Complainant's Supplementary Submission
89. In its supplementary submission in reply to the Respondent State's arguments on the merit, the
Complainant reaffirmed and expanded on its version of the history of Cabinda in order to show that the
territory of Cabinda was historically administered separately from mainland Angola and had a people with
distinct linguistic, cultural and political identity.
Amicus Submissions
90. Between January and March 2012 and again in June 2013, a number of submissions were made by a
number of organisations representing different interests of the Cabinda people. With the consent of the
legal representative of the Complainant, those submissions are considered as amicus briefs. In all their
submissions, the different groups advance the Complainant's version of historical facts and insist that the
people of Cabinda are victims of unlawful, aggressive and unilateral invasion by the government of the
Respondent State. The groups submit that as a result of these historical facts and considering that the
people of Cabinda were not consulted before their territory was ceded to Angola, the actions of the
Respondent State amount to colonialism or neo-colonialism such that the people of Cabinda are entitled to
self-determination.
The Commission's Analysis on the Merits
91. Although it did not submit its observations on the Admissibility of the Communication despite the receipt
of a formal invitation and reminders to that effect from the Secretariat,15 the first part of the Respondent
State's submission on the Merit challenges the Admissibility of the Communication and raises issues that
amount to a preliminary objection to the consideration of the Communication. Before analysing the merits of
this Communication, the Commission considers it necessary to address some of the concerns raised by the
Respondent State even though most of those issues ought to have been raised at the admissibility stage.
92. The Commission notes the Respondent State's argument that Article 57 of the African Charter requires
that a Communication to be considered by the Commission should first be presented to the concerned
State Party by the Chairperson of the African Commission, setting out procedural matters and indicating
whether the Communication conforms to the provisions of the African Charter and other AU instruments.
Article 57 reads as follows: Prior to any substantive consideration, all communications shall be brought to
the knowledge of the State concerned by the Chairman of the Commission
93. The Commission affirms that Article 57 of the Charter obligates it to notify a State Party of the existence
of a Complaint against such a State Party so that the State Party can participate in the proceedings. The
Commission recalls that notice of this Communication was transmitted to the Respondent State by Note
Verbale dated 28 February 2007. As indicated in paragraphs 16 to 20 and paragraphs 24 to 27 of the
Admissibility decision, the Secretariat through several subsequent correspondences transmitted to the
Respondent State the original Complaint and all other documents filed by the Complainant regarding this
Communication. Further, as noted in paragraph 39 above, at least ten (10) reminders were sent to the
Respondent State to respond to the Admissibility arguments but these did not yield any response from the
Respondent State. Accordingly, the African Commission notes that it has satisfied its duty to the
Respondent State as required by Article 57 of the African Charter.
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