Anibal Chimbulungo Rocha, Bento Bembe (Judas Iscariota) et Zacarias Toco (le chien)

Anibal Chimbulungo Rocha, Bento Bembe (Judas Iscariota) et Zacarias Toco (le chien)

Anibal Chimbulungo Rocha, Bento Bembe (Judas Iscariota) et Zacarias Toco (le chien)


CABINDA AND ITS FATE AND THE NEED OF INTERNATIONAL INTERVENTION

27 November 2009

When the memorandum of understanding between the Mpla and the ex-Flec-Renovada was concluded two questions came up across to the reflection of my mind: first how would the ex- Flec- Renovada implement the so said peace deal without the support of the majority of the Cabindan People, the international community and the main faction of Flec-Fac of the Cabindan struggle. Second how would the Flec-Fac the rejecting faction of the peace deal will continue to maintain the momentum of the struggle without any external support and the recognition from African States especially those bordering Cabinda, the International Community and to force the unelected MPLA to come to the table for the end of the conflict in the region.

After the conclusion of the so called memorandum of understanding the unelected MPLA made an official declaration via its Ministry of Defense that: “all those rejecting the peace deal must be hunted and captured where ever they are” (Angonoticias). A month later increased a number of thousands of well-equipped troops, secret agents had created new military bases in Cabinda to ensure that the “peace deal” with the surrendered group is implemented by all means.

The brutality against the Cabinda People has worsted and in all its forms. The attaches of the MPLA Armed Forces are increasing day by day against the positions of the Freedom Fighters in all territory of the Republic of Cabinda and now the MPLA Armed Forces are operating from the two Congo’s so that the two boarders can be controlled to impede the Cabinda Freedom Fighters to escape the incursion which is underway to finish the Resistance of Cabindan Independent’s. In the Cabinda church it has been forcefully imposed an Angolan priest to lead the Cabindan Catholic Church in the exclusion of the local ones who are suspended and expelled from the local Church and threaten to death. The only Humanitarian organization operating in Cabinda called Mpalabanda Civic Association (M.A.C) was straight away banned. Many activists are under house arrest, others imprisoned and, some others are now Asylum seekers else where in Africa. Journalist and Non-Governmental organizations are forbidden of travelling to the region. The Human Rights Journalist and Activist Sarah Wicks carry the scars on behalf of Cabindans for travelling to Cabinda without the permission from the unelected MPLA and charged with interfere with the local politics. Sarah Wicks was detained for a few weeks and she would be the better person to tell the world how bad the situation is in Cabinda for the Cabindan People (www.ibinda.com). The Cabinda farmers are forbidden to crop their fields, which is the most basic source of food for the local people. The MPLA revenues of the Cabinda Oil are mostly used to buy weapon to fight against the Cabindan Freedom Fighters and the remaining is to be shared by the elite with the MPLA Army Generals and in return the Cabindan People receive discrimination, marginalization, exclusion, arbitrary arrests, detention without trial, torture, imprisonment, disappearance, abductions in foreign lands and summary execution because the right to self-determination and the access to their own resources is an issue - International Instruments of Human Rights such as the Universal Declaration of Human Rights 1948 (GA Res 217 A(III) of 10 Dec 1948, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (24 ILM 535), the Declaration on the Granting of Independence to Colonial Countries and Peoples 1960 (GA Res 1514 (XV) 1960, Convention on the Prevention and Punishment of the Crime of Genocide (GA Res 260 (III); 78 UNITS277) and the Permanent Sovereignty over Natural Resources (GA Res 1803 (XVII)1962). Freedom of movement is restricted. A pass system (so called guia de marcha) is being used to control the movement of persons from one point to another. In every 10 kilometres there is a checkpoint. Cabinda Citizens People travelling, their parcels have to be checked for twenty times or more. The most drastic situations occur when the little money the people have to travel with have to be shared by force with the MPLA troops. In both Congo’s, the MPLA Armed Forces are making a forceful return of refugees in violation of Convention Relating To The Status of Refugees- (Art 33 of GA RES 429 (V) 1950; 189 NITS 137) and many leaders in those camps have been disappearing because of abductions that they are subjected from the regime of the MPLA. Cabinda Women and girls are brutally raped and forced to marry MPLA soldiers which means the dignity of the Cabindan Woman is being violated and is against the back ground of the International Convention on the elimination of All Forms of Discrimination against Women (GA Res 34/180 1979; 19ILM 33 (1980)). The MPLA occupation uses the strategy that in every village there must be one military base of MPLA troops. Daily this troops brutally commit Crimes which the perpetrators have immunity from the local unelected MPLA authorities and once the battalion or whatever structure is popular for its Crime activities the unelected MPLA authorities transfers it to south of Angola.

However, the main faction of FLEC-FAC has reactivated its peaceful struggle against the 33 years of illegal occupation of Cabinda by the MPLA and its forces. It has reorganized its structures and its Armed Defence Forces, including the formation of the Cabindan Provisory Government in Exile whereby it has extended its Diplomatic Missions in the most key countries of Europe, Africa and America. The President of the Provisory Government of the Republic of the Cabinda His Excellency N’zita Henriques Tiago has stated several times that: “The conflict of Cabinda should be ended by peaceful means and in terms of rules and principles of International Law that conceded Cabinda the Status of International Perso

n and the MPLA must have the Bona fide political will of respecting the Nation of Cabinda and its Peoples so that their dignity can be restored”. The interpretation of these words is simple. As Albert Steyn stated: “We Can’t solve problems using the same kind of thinking we used when we created them”. This means that for 33 years the MPLA uses an old trick of wars of Kwata–Kwata in Cabinda to Intimidate and to Kill Cabindans, thinking that it will legalize its presence in that territory but there is general rule which stipulates that: only the legal which makes the person to acquire the right. The legitimacy of the MPLA is NIL, and as it has been stated once and again it will always be questionable in that territory until the occupation comes to an end. The Cabindan Person is no longer an object of abuses but a legal subject who has autonomous rights and duties to defend the integrity of its Nation, Territory and its People to whoever is in possession of it. In this moment the entire leadership of Cabinda men and women, black and white are engaged in finding a peaceful solution for Cabindan conflict which in last 33 years the world had been ignoring the Cabindan pain, suffering and death in a cruel and inhuman manner in the hands of MPLA and its soldiers.

The Cabindan Nation appeals to the World for an emergence intervention both political and humanitarian one to avoid the worse because prevention is better than cure.

There is a need that the world should intervene to end the Cabindan fate and to force the MPLA to stop the hegemony of war to the Nation of Cabinda.

There is a need that the International Community should intervene to convince the Security Council to create a resolution which will force the MPLA to withdraw peacefully from Cabinda.

There is a need that the African Union should start considering the Colonialism of the MPLA over Cabinda which is a fact and in detriment of Cabinda and its helpless people because the situation can no longer be tolerated.

There is a need that the S.A.D.C should pay special attention to the issue of Cabinda.

The MPLA never said the truth before the political leadership of this organization that the issue of Cabinda is real and serious and in return Cabinda request a very quick intervention sooner rather than later.

There is an urgent need that the European Union should come up with character that will involve its member states.

There is an essential need that the Central Africa Regional Community should intervene in defence of the Cabinda Nation which is a member of the Community and the presence of the MPLA Armed Forces in Cabinda threaten the peace and stability of the region including the two Congo’s.

Cabinda on its journey the struggle continues. It made an announcement that the State of Cabinda shall no longer be called an enclave it simply be called the State of Cabinda. The reason behind the change must not be questionable to no one, because Cabinda is a (sui generic) territory with its peculiarities which needs to be restored, renewed or rehabilitated so that it can retains its Status of a quo.

This is why, Cabinda is sui generis. Portugal arrived in the territory of Cabinda through a Protection Treaty of Simulambuku concluded between Indigenous of Cabinda and Portugal in 1/2 /1885 recognized by the third party of Berlin Conference (Russia, France, Great Britain, Italy, etc) in the same year. The same conference conceded Portugal the right to administer the territory in the exclusion of others who were the real contenders to the territory.

We must not talk of integration without the consent of Cabindan who created the treaty of Protectorate for them with Portugal. It is ambiguous or contradictory what many Portuguese writers are telling that the integration occurred three times without an Act of integration, without the recognition of the third party and without the consent of the people who requested protection from the Portuguese authority. This is a bland application of the rule and the international law requires the interpretation of the old friend of Ius Cogens. It is peremptory norm that is obligatory that states owes to the international community as a whole and in the enforcement of which all states have an interest (Art 53 Vienna Convention on the Law of Treaties).

Therefore, as the State of Cabinda enters in its 34 year of violence perpetrated by an official terrorist (MPLA) we need to remind the International Community, International Organization and Independent Individuals that Cabinda needs not to be waiting for 34 years again to be recognized as a STATE on its own and not as province brutally annexed for unjust enrichment for the elite and generals of the MPLA. This we think should be the right time to us give your helping hands because Cabinda forms part of the global village and is not in heaven where no one will reach.

In summary Cabinda is in state of war, gross Human Right Violation, unjust enrichment to those countries forming partnership with the unelected MPLA to appropriate the resources of Cabinda in the exclusion of its People, corruption in the international circles to avoid a debate of the issue of Cabinda and the lies of the MPLA leadership before the international community that the issue of Cabinda is merely the betterment of the social conditions and NOT A POLITICAL ONE.


 

MENU - INDICE

cabinda@gmx.com