1

BEFORE THE AFRICAN COMMISSION ON HUMAN & PEOPLES’

RIGHTS

FLEC (Front for the Liberation of the Enclave of Cabinda)

Cabinda

vs.

The Republic of Angola

Communication 328/2006

SUPPLMENTAL BRIEFING IN REPLY TO STATE PARTY

For the Complainant-FLEC:

Dr. Jonathan Levy, PhD

International Criminal Bar/ Barreau Pénal No. 100465

Attorney for Complainant-FLEC

37 Royal Pointe Dr.

Hilton Head Island, SC USA 29926

Tel/Fax 001 202-318-2406

Email jonlevy@hargray.com

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INTRODUCTION

The gist of Angola’s argument against jurisdiction is that Cabinda is

an insignificant political entity that has always been subordinate to Angola

and does not have a separate identity. If Angola is correct, then the approach

taken in ACHPR Communication 155/96, Social and Economic Rights

Action Center (SERAC) and the Center for Economic and social Rights

(CESR) v. Nigeria, would not apply since Cabindans would be

indistinguishable from Angolans and not entitled to relief. This argument

however is factitious on its face.1

There is no dispute the political entity of Cabinda was a byproduct of

the colonial grab for Africa known as the Congress of Berlin. Cabinda

consists of three kingdoms: Kakongo, Loango and Ngoyo and was the result

of the signing of three treaties: Chinfuma, September 29, 1883, Chicamba,

26 December 1884 and that of Simulambuco, February 1, 1885, the parties

were the Traditional Chiefs of Cabinda and the Crown of Portugal. Legally

Cabinda was a Portuguese Protectorate. The Treaty of Simulambuco was

1 Angola also claims that FLEC is a terrorist organization. FLEC has already dealt with

the incident of January 8, 2010 in its main briefing but notes that the African Union

Assembly as does FLEC condemns the unknown and unnamed perpetrators of the

January 8, 2010 incident. See Assembly/AU/DEC 273 attached.

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ratified the same year by the Berlin Conference of 1885 held under the aegis

of France, Great Britain and King Leopold II of Belgium. Since February 16,

1885, Cabinda was ruled by a Portuguese Governor Plenipotentiary dealing

directly with Lisbon.

In essence Cabinda was created by the colonial power much as

present day Libya, Chad, Uganda or Nigeria was amalgamated by Italy,

France, and Britain as administrative conveniences. FIOTE which is not

spoken in Angola is the language of Cabinda along with French and

Portuguese. Angola was a Portuguese colony since 1482. Cabinda and

Angola are two territories that are significantly different from each other and

completely unrelated by history or geography. The Democratic Republic of

Congo separates Cabinda from Angola..

For financial reasons in 1956, Portugal could no longer afford its two

Governors, one in Angola Colony and the other in Cabinda Protectorate.

Thus Portugal united the governance of these two entities under a Governor

General in Luanda, the capital of Angola. This merger was made to facilitate

and ease the Portuguese administration. This was the case in other African

territories now independent as in the former Belgian Congo with the

Ruanda-Urundi (now Burundi and Rwanda) seat of government being in

4

Leopoldville. Administrative convenience of the colonial power was also

also the norm in French Equatorial Africa (Gabon, French Congo, Ubangi-

Shari, Cameroon) with its capital Brazzaville, and Dakar of course as the

administrative seat of vast French West Africa. This administrative

convenience however did not extinguish the existence of these entities, all of

which are now independent.

The Portuguese Constitution of 1933 in force until 1975 made a clear

distinction between Cabinda and Angola in the first paragraph of Article 2,

Title One. Cabinda was headed administratively by the Portuguese authority

residing in Luanda from 1956, but remained legally separate from Angola.

Likewise the decolinialization movement perceived Cabinda as a

separate identifiable entity. On October 06, 1960, the Minister of Foreign

Affairs of Congo (Brazzaville) spoke at the United Nations, a long speech in

which he explained the problem of Cabindan people and their right to self-

determination. At the Summit of the Organization of African Unity held in

Cairo in 1964 the issue of Cabinda was again placed under the Committee's

program of the decolonization of Africa and Cabinda was recognized as the

39th state to be decolonized (Angola was the 35th). On the occasion of the

24th Session of the Council of Ministers of the Organization of African

5

Unity held in Addis Ababa, February 19, 1975, the Ministers of Foreign

Affairs of the Congo and Zaire submitted two proposals, in favor of

Cabinda.

In 1963 in Loango (Pointe Noire) in Congo, the Front for the

Liberation of the State of Cabinda (FLEC) was founded through the merger

of three political movements. From the beginning, the battle of FLEC was

directed against Portuguese colonialism. With the consent of the last

Portuguese District Governor of Cabinda, Manuel Freire Themudo Barata ,

FLEC opened an office in Cabinda City, Cabinda's capital and in 1975

declared independence.

However the Alvor Agreement of 1975 between Portugal and the

three Angolan movements, MPLA, FNLA, and UNITA ignored FLEC and

in violation of Portuguese law declared Cabinda part of Angola. This last

political act of betrayal by Portugal cannot however extinguish the existence

of the Cabindans as a separate and distinct people from Angolans.

Until 1975, the perception of Cabinda by the world was as a separate

entity as the following Exhibits from reliable historical sources indicate the

African Union and United Nations until 1975 treated Cabinda as a separate

entity and not part of Angola.

6

Respectfully submitted this 6th day of July 2012:

Dr. Jonathan Levy

Legal Representative for Complainant

FLEC

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Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

ASIAN-AFRICAN BLOC ASKS COLONIAL DATASpecial to The New York Times.New York Times (1923-Current file); Nov 9, 1960; ProQuest Historical Newspapers: The New York Times (1851-2008)pg. 9

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

Africans' Strength Is Displayed at U.N. In Colonial DebateBy DAVID ANDERSONSpecial to The New York Times.New York Times (1923-Current file); Nov 8, 1960; ProQuest Historical Newspapers: The New York Times (1851-2008)pg. 7

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

FOR AFRICA INDEPENDENCE IS ONLY A BEGINNING: Few Lands Ready For Challenge New States Face Many O...By JOHN DESMONDNew York Times (1923-Current file); Dec 15, 1963; ProQuest Historical Newspapers: The New York Times (1851-2008)pg. 174

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.

A Nationalist Group in Cabinda Declares Area Free of PortugalBy THOMAS A. JOHNSON Special to The New York TimesNew York Times (1923-Current file); Aug 2, 1975; ProQuest Historical Newspapers: The New York Times (1851-2008)pg. 2