the right has collectively been fulfilled by all the Angolan people through the attainment of independence on 11 November 1975 and by the conduct of free democratic elections in 1992 and 2008 respectively. The Respondent State asserts that according to available records a total of 7, 213, 281 voters representing 87.36% of the population of Angola went to the polls in the 2008 Legislative elections in Angola. Out of the 220 deputies elected in the 2008 Legislative elections, 5 came from Cabinda as representatives of the Cabinda Province. Accordingly, the Respondent State argues that the people of Cabinda are represented in the National Assembly of the Republic of Angola by those deputies. In support of these assertions, the Respondent State attaches reports of the 2008 and 2012 elections as released by its National Electoral Commission. 78. Accordingly, the Respondent State contends that as with other of its provinces, the Province of Cabinda has its own political and administrative structures which are defined by law. The Respondent State argues that "like most African peoples, Angola is a multicultural and multilingual society" and Article 87 of its Constitution guarantees the right to respect, appreciation and preservation of the cultural, linguistic and artistic identity of the Angolan people. As such, the Respondent State concludes that it has not violated Article 20 of the African Charter. 79. Concerning the alleged violation of Article 21 of the African Charter, the Respondent State asserts that Articles 94 and 95 of its own Constitution create and separate public and private domains of property rights. It asserts that natural resources fall under the public domain and property in the public domain is constitutionally intended to "serve national interests instead of local interests alone" since it is expected to "benefit the Angolan people as a whole, with no exception". The Respondent State points out that the Complainant itself agrees that some percentage of oil revenue is already set aside specially for the Province of Cabinda. 80. The Respondent State contends further that Angola operates a unitary system of government in which all provinces are on equal footing such that all public resources should serve the entire population of the state but it was in spite of this fact that the Province of Cabinda has been given special attention as a result of its contribution to national oil production. 81. The Respondent State challenges the Complainant's claim that it (FLEC) is Cabinda's representative and argues that the Complainant "lacks moral, legal and any other form of legitimacy" therefore it cannot speak on behalf of the people of Cabinda. The Respondent State insists that as a sovereign state, Angola has the legitimacy and the right to explore the natural resources in its territory, including those found in any of its 18 provinces. Thus, it argues that it has not violated Article 21 of the African Charter. 82. In relation to the alleged violation of Article 22 of the African Charter, the Respondent State argues that the Complainant has failed to produce any evidence to sustain a claim that the rights of the people of Cabinda have been violated. The Respondent State asserts that since Cabinda is part of a single, indivisible and inalienable territory (Angola) it finds no reason or basis to defend a claim that Cabinda is being "Angolanised". 83. The Respondent State contends that its citizens are Angolans by origin both according to its domestic law and in international law. It being the case, that there is no such thing as the State of Cabinda in Africa but a Cabinda that is a province "which is an integral part of the Angolan State", the Respondent State argues that it retains a right to punish by law, "every deed, action or attempt to divide the Angolan State". The Respondent State therefore argues that it has not violated Article 22 of the African Charter. 84. On the alleged violation of Article 24 of the African Charter, the Respondent State asserts that it takes the characteristics of Cabinda's oil fields and forests into account and has taken measures with a view to preserving the environment. The Respondent State cites the enactment of legislation at national and local levels based on an entrenched right to a healthy and unpolluted environment in Article 39 of its Constitution. The Respondent State contends further that it has a Basic Environment Act in addition to a number of other statutes and institutions such as a Multi-Sector Technical Commission and the National Environment Authority which address the issues arising from oil exploration. 85. The Respondent State claims further that by a Presidential Decree of 2011, oil companies are required to account for any harm stemming from oil spills, while paying greater attention to fishermen and their families. The Respondent State admits that there have been oil spills in the Province of Cabinda but that its Ministry of Environment's National Environment Surveillance Service has kept track of at least six of these spills, compelling oil companies to compensate fishermen and to replace items that had been lost or damaged. 86. The Respondent State asserts further that it has legislation which compels concessionaires and their associates to take preventive and practical measures to address environmental damage. Such measures 8

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