CABINDA

A Non-Self-Governing Territory whose People are asking to

be assisted by the United Nations, since 1962, in bringing

their Decolonization process to a successful conclusion.

Request to the Special Political and

Decolonization (4th Committee)

for a hearing as a petitioner,

regarding Cabinda, a Non-Self-

Governing Territory still within the

scope of Chapter XI of the Charter

of the United Nations.

Phone. +49 (0) 176 3068 3616 • Facebook/Bartolomeu_Capita • Twitter/@BCapita • LinkedIn/Cabinda_Independent

d

Berlin, September 27, 2019

H.E. Mr. Mohammed Hussein Bahr Al-Uloom

Doc. of the 17th Session of the General Assembly of the United Nations, 4th Committee A/C. 4/SR 1391 – 20 November 1962.

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To H.E. Mr. Mohammed Hussein Bahr Al-Uloom

Permanent Representative of the Republic of Iraq to UN/NY

Chair / Special Political and Decolonization / 4th Committee

Permanent Mission of the Republic of Iraq to UN

14 East 79th Street / New York

NY 10075, USA

Bartolomeu Capita (Mr.)

Refugee under UNHCR mandate

Joint-Presidency, Cabindan National Movement

Email: cabinda.independent@gmail.com

Tel.: +49 (0) 176 3068 3616

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Abstract

Self-determination of peoples all over the world ― without distinction as to race, sex, language,

or religion ― is one of the main objectives of the United Nations. The fact remains that the United

Nations Special Committee on Decolonization, or C-24, is the UN entity exclusively devoted to the

issue of decolonization, with the task of monitoring the implementation of the UN GA Resolution

1514 (XV) of 14 December 1960, about the Declaration on the Granting of Independence to

Colonial Countries and Peoples.

In agreement with the Charter of the United Nations, friendly relations among nations based on

respect for the principle of equal rights and self-determination of people are actually the proper

path towards the UN ideal of universal peace. Since it is agreed that the ultimate responsibility

for protecting human rights rests with governments, the right to self-determination is meaningless,

unless it is tied up with the right of peoples and nations to permanent sovereignty over their own

natural wealth and resources, which must be exercised in the interest of their national progress.

Although the legal-political status of Cabinda is known to the most influential UN member States

as early as the 17th century, racial prejudice against Africans has led a handful of major world

powers to deliberately infringe international law, by subtly undermining the political sovereignty

and territorial integrity of Cabinda through the UN GA Resolution 1542 (XV) of 15 December

1960. This impairs considerably the United Nations’ international standing, inasmuch as it defeats

the UN ideal of universal peace.

As the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial

of fundamental human rights, is contrary to the Charter of the United Nations, and is an obstacle

to the promotion of world peace and co-operation; and since international law upholds that “in

no case may a people be deprived of its own means of subsistence;” in our capacity as the trusty

representative of the legitimate aspirations of the afflicted people of Cabinda, we respectfully

apply for the opportunity to be heard by the Special Committee on Decolonization, with a view

to setting Cabinda free from colonialism in all its forms and manifestations.

Cabinda

H.E. Mr. António Guterres, UN SG

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“Injustice anywhere is a threat to justice everywhere.”

Your Excellency,

consistent with the UN GA Resolution 1514 (XV) of 14 December 1960, the continued existence

of colonialism, be it in Cabinda or in any other country, prevents the development of international

economic co-operation, impedes the social, cultural, and economic development of dependent

peoples, and militates against the United Nations ideal of universal peace. It is, therefore, high

time that the C-24 and the UN Security Council assumed their responsibilities in Cabinda, so that

colonialism in all its forms and manifestations is ultimately brought to an end, and the UN ideal

of universal peace is kept free from enemies.

Since a prima facie case of geographical, ethnical, and cultural distinctness of Cabinda exists, it

rests with the C-24 to take into consideration the other elements that are, inter alia, of political,

administrative, juridical, economic or historical nature.

It should be said, right from the outset, that the United Nations has consistently issued statements

supportive of or consistent with the right of the people of Cabinda to regain political sovereignty.

This is substantiated by the hearing in November 1962 of the then legitimate leader of Cabinda,

H.E. Mr. Luís Ranque Franque, as a petitioner1, in pursuance of paragraph 5 of the UN General

Assembly Resolution 1699 (XVI) of 19 December 1961, with reference to the Non-compliance of

the Government of Portugal with Chapter XI of the Charter of the United Nations and with General

Assembly resolution 1542 (XV); as well as by a set of UN General Assembly Resolutions, among

others, Resolutions 1807 (XVII) and 1808 (XVII) of 14 December 1962; without forgetting those

adopted by the UN Security Council, namely Resolution 180 (1963) of 31 July 1963 [S/5380],

plus Resolutions 183 (1963) of 11 December 1963, and 218 (1965) of 23 November 1965.

1 Doc. of the 17th Session of the UN General Assembly—4th Committee A/C. 4/SR 1391 of 20 November 1962, & Annexes, Agenda item 54, documents A/5160 and add. 1 and 2.

― Dr. Martin Luther King, Jr.

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Your Excellency,

the General Assembly Resolution 1541 (XV) of 15 December 1960 [Annex], about the Principles

which should guide Members in determining whether or not an obligation exists to transmit the

information called for under Article 73 “e” of the Charter, stresses, in its principle IV, that prima

facie there is an obligation to convey information in respect of a territory which is geographically

separated and is distinct ethnically and/or culturally from the country administering it; and, in its

principle V, that once it has been established that such a prima facie case of geographical and

ethnical or cultural distinctness of a territory exists, additional elements may then be brought into

consideration. These added elements may be, inter alia, of an administrative, political, juridical,

economic, and historical nature.

Cabinda’s geographical distinctness

Cabinda is physically separated from the country administering it since 1975, i.e. Angola. With

approximately 10,000 square kilometers, Cabinda, located sixty kilometers north of the Congo

River, is surrounded by the Atlantic Ocean, the Democratic Republic of the Congo (DRC), and the

Republic of the Congo (Brazzaville). So Cabinda has no common border at all with Angola.

Cabinda’s ethnical distinctness

Cabinda is estranged from Angola by a tangible distinct ethnicity. As an ethnic group, Cabinda

is a category of people who identify with each other on the basis of a common genealogy or

ancestry, as well as on similarities such as common and distinctive language or dialect, religion,

history, racial traits, cultural tradition, and national identity. Contrasting with Angola, Cabinda’s

latest ancestry goes back to Kongolo Mwamba, the founder of the Luba Empire in Central Africa.

Cabinda’s historical distinctness

Unlike Angola, which has a Portuguese colonial history dating back to 1483, the three Kikongo-

speaking brother kingdoms of Ngoio, Kakongo, and Loango maintained their independence from

European empire-builders until the Treaty of Simulambuco in February 1885 turned their realms

into a Portuguese protectorate, as a single country, i.e. modern Cabinda, with its own governor.

This protectorate Treaty between Cabinda and Portugal received attention and ratification at

the Berlin-Congo Conference held from 15 November 1884 to 26 February 1885. Ever since

then, the Portuguese Constitutions, chiefly the 1933 Constitution of António de Oliveira Salazar's

“Estado Novo” (1933-1976)2, reiterated that Cabinda and Angola were absolutely distinct

parts of the Portuguese empire.

2 The Portuguese Constitution of 1933-1976 was put at the disposal of the United Nations in the mid-1960s, as it is equally preserved in Mr. Amos J. Peaslee’s “Constitutions of Nations”.

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Cabinda’s cultural distinctness

As for Cabinda’s cultural distinctness, the late Portuguese Roman Catholic priest Joaquim Martins,

C.S. SP. (1915-2016) summarized it as follows: “Of all our African peoples, the Cabinda people

is definitely the one more often referred to as an illustration of higher development and progress

index in the entire range of human values. For its laws and moral principles, its institutions, and

for its beauty and richness of natural resources, Cabinda is a small branch of Eden.”3 For its part,

the 1911 Encyclopedia Britannica claims, quote: “The inhabitants of Cabinda are Bantu negroes

who are called Kabindas. They are an intelligent, energetic and enterprising people, and known

as daring sailors and active traders.”

Cabinda’s economic distinctness

Aside from being an oil-rich country, Cabinda is similarly blessed with valuable resources such

as uranium, manganese, phosphates, iron, diamonds, gold, hardwood, and so on. Its deposits of

phosphates are the largest in the world. In oil alone, the administering country, i.e. Angola, gets

over US $35 billion per year in royalties, largely paid by Chevron’s subsidiary CABGOC. Yet,

in spite of all these precious means of subsistence, the people of Cabinda, who does not outdo

2 million, of which more than half live abroad as refugees, are among the poorest in the world.

In Cabinda, life expectancy at birth has dropped from 75 years in Portuguese colonial era to

48 years today; child and maternal mortality rates now figure among the highest in the world;

rubbish dumped anywhere has become children’s last resort; and a hospital bed is currently for

at least four patients. This verifies the United Nations’ judgment according to which the subjection

of a people to alien subjugation, domination and exploitation constitutes a denial of fundamental

human rights, and is an impediment to the promotion of world peace and co-operation.

Cabinda, where more than half of Angola’s oil is presently produced and from which the country

earns nearly all of its foreign exchange, is also the source of over 70 percent of the administering

country’s national Budget. Thanks to the grabbed oil of Cabinda, Angola has become one of the

United States' and China’s biggest oil supplier. However, the extent of revenue misappropriation

and state corruption is such that a credible economic take-off is simply unlikely. The spread of

poverty and the crumbling of the infrastructures inherited from the Portuguese colonial era turn

out to be the only palpable development in Cabinda, as well as in Angola.

Cabinda’s administrative distinctness

Ever since it was invaded in 1975 and subsequently occupied, Cabinda is up till now a territory

under the administration of Angola. This highlights the fact that Cabinda is a Non-Self-Governing

Territory within the meaning of Chapter XI of the Charter of the United Nations. As a mercenary

entity in charge of terrorizing the people of Cabinda, so that alien nations and corporations can

at liberty deprive them of their own means of subsistence, i.e. their natural wealth and resources,

3 Fr. Joaquim Martins, CS SP, CABINDAS: História, Crenças, Usos e Costumes, Câmara Municipal–Comissao de Turismo, Cabinda: 1972.

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Angola can only be what it actually turns out to be, i.e. a country notorious for its dictatorship,

its contempt for human rights and international law, and for its criminal use of the State and the

economy. As a matter of fact, the administration of Cabinda by Angola is completely disastrous,

insofar as it is clearly at odds with the legitimate political, cultural, and economic aspirations of

the people of Cabinda.

In view of the above details, and since it is assumed that the ultimate responsibility for protecting

human rights rests with governments, the people of Cabinda are required to take matters into

their own hands without further postponement, i.e. to dispose of their own means of subsistence,

and finally recover the dignity and justice they deserve with a state of their own and the freedom

to chart their own destiny. In other words, the subjugated people of Cabinda must unavoidably

achieve and sustain self-determination, self-defense, and self-respect.

Self-rule imposes itself in Cabinda, all the more so as the country administering it now will never

ever recognize the principle that the interests of the inhabitants of Cabinda are paramount; will

never ever accept as a sacred trust the obligation to promote to the utmost the well-being of the

inhabitants of this oil-rich territory; and will never take due account of the political aspirations

of the dominated people of Cabinda, as recommended in Article 73 of the UN Charter.

Cabinda’s political distinctness

As regards Cabinda’s political distinctness, the most important fact to underline is that since time

immemorial, unlike Angola, Cabinda is rooted in the culture of mutual respect, of win-win problem

solving, and of exploring approaches to overcoming inner and outer challenges, in consideration

of democratic principles and values. The completion of negotiation and the signing in February

of 1885 of an international protectorate treaty with Portugal is a significant living proof.

As an actor of international relations, Angola has clearly embraced the evil principle of “might

is right”, i.e. “what is mine is mine, what is yours is negotiable”. In order to perpetuate its colonial

rule over Cabinda, the government of Angola has so far favored and/or financed a number of

regime changes by force in southern Africa. As if that were not enough, Angola deliberately and

frequently violates the sovereignty and territorial integrity of African States to carry out military

attacks on Cabindan refugee camps and settlements.

Faithful to Cabinda’s ancestral culture and human values, the Cabindan National Movement has

committed itself to contribute to the fulfillment of international order of justice and peace. Hence,

it accepts in advance the obligations of peaceful settlement provided in the Charter of the United

Nations. Though entirely in line with the pro-self-government, CNM remains absolutely convinced

of the need to foster political security and stability in the region. In view of this, CNM is in favor

of an agreed interim period of time, in which modern infrastructures are built, and the people

of Cabinda are trained and given the vital skills for self-rule, self-defense, and self-esteem.

At the end of the agreed transitional period of time, the people of Cabinda regain all at once

their citizenship and independence from Angola. For the undertakings that the transitional period

entails, 5.5 billion euros have to be annually subtracted from Cabinda’s oil revenues under the

auspices of Germany and Portugal. Of the above amount of money, 5 billion euros are meant

for Cabinda’s integral development, and 500 million euros for the empowerment of the Cabinda

citizens who are scattered abroad as refugees. By “independence from Angola” we mean full

implementation of the UN GA Resolutions 1514 (XV) of 14 December 1960, and 1803 (XVII) of

14 December 1962 at the same time.

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Your Excellency,

In view of the self-evident both legal and political status of Cabinda enshrined in the Constitution

of Portugal (1933-1976), which the United Nations has at its disposal since the mid-1960s, only

racial prejudice against black-skinned people can justify the international community’s obstinate

blind eye to Angola’s belligerent occupation and ensuing colonization of Cabinda. Despite the

frankness of the above Portuguese “Magna Carta”, the UN SC continues to endorse the criminal

inclusion of Cabinda into Angola, i.e. the wiping out of Cabinda’s legal-political status, deviously

engineered in the UN GA Resolution 1542 (XV) of 15 December 1960.

Consistent with the UN SC Resolution 183 (1963) of 11 December 1963, just the Territories under

Portuguese administration enumerated in the GA Resolution 1542 (XV) are falling in the category

of Non-Self-Governing Territories, within the meaning of Chapter XI of the Charter of the United

Nations. Yet the fraudulent obliteration or removal of Cabinda from the Portuguese Constitution,

and its tyrannical inclusion into Angola constitute a flagrant violation of international law. In this

respect, the reinstatement of Cabinda’s political sovereignty gives the UN SC, as a key body in

advancing the UN ideal of universal peace, additional legitimacy and authority.

Portuguese possessions in Africa: Cape Verde, Guinea-Bissau, São Tomé and Príncipe, Cabinda, Angola, Mozambique

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Based on Cabinda’s historical background, as well as on the official documents of the European

empire-builders themselves, e.g. the Portuguese Constitution of 1933-1976, the Organization of

African Unity (OAU), at its inception on 25 May 1963, allotted to Cabinda a separate numerical

designation among the African territories to be granted self-determination and independence,

and joined Cabinda to the OAU as a sovereign member (39) from that assigned to Angola (35).

Hence, the Security Council’s reluctance to recognize the legitimacy of the struggle of the people

of Cabinda in their demand for the achievement of self-determination and independence, is the

proof that the despotic alienation of Cabinda’s sovereignty and territorial integrity through the

UN GA Resolution 1542 (XV) is an act of aggression or occupation that had been agreed by all

permanent members of the Security Council.

Your Excellency,

the accomplishment of universal peace and the greatest well-being of the human family, which

is actually the foremost purpose of the UN Security Council, has as its pathway the appropriate

implementation of the UN GA Resolutions 1514 (XV) and 1803 (XVII) of 14 December 1960. It

is about an implementation based upon the faith in fundamental human rights, in the dignity and

worth of the human person, in the equal rights of men and women and of nations large and small.

The Special Committee on Decolonization is powerful enough to help restore Cabinda’s political

sovereignty, inasmuch as it is a UN multilateral body that includes two of the permanent members

of the Security Council, i.e. Russia and China.

For the sake of a more just world, and since the United Nations has a responsibility towards the

inhabitants of the Non-Self-Governing Territories, we would like to be given a hearing regarding

the legitimacy of the peaceful struggle of the Cabindan National Movement (CNM) in its demand

for the achievement of self-determination and independence. Therefore, the Cabindan National

Movement,

Seeing that the Government of Angola is intensifying its measures of repression and its military

operations against the population of Cabinda with a view to defeating their legitimate hopes

of achieving self-determination and independence,

Convinced that the performance of the UN GA Resolution 1514 (XV) of 14 December 1960 is

the only means to achieve a peaceful solution of the question of the Non-Self-Governing Territory

of Cabinda in accordance with the principles of the Charter of the United Nations,

(1) Affirms that the situation resulting from the policies of Angola both as regards the population

of Cabinda (its colony) and the neighboring countries seriously disturbs international peace

and security;

(2) Deplores the failure of the Government of Angola to abstain from violating the sovereignty

and territorial integrity of Cabinda, and to recognize the inalienable right of the people of

Cabinda to self-determination and independence;

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(3) Requests the UN Security Council to be fair enough with the oppressed people of Cabinda

in the same way as it was with the then besieged people of Angola, as verified by the UN

SC Resolutions 218 (1965) of 23 November 1965, and 312 (1972) of 4 February 1972;

(4) Emphasizes its pressing demand to the Government of Angola for:

(a) The immediate recognition of the right of the people of the territory under its administration,

i.e. Cabinda, to self-determination and independence;

(b) The immediate promulgation of an unconditional political amnesty, and the establishment of

conditions meant to permit the free functioning of democratic institutions in Cabinda;

(c) The immediate cessation of all acts of repression against defenseless civilians throughout the

territory of Cabinda, as well as all military operations against Cabindan refugee camps and

settlements in the neighboring countries;

(d) Negotiations, on the basis of the recognition of the right to self-determination, with the official

or authorized representatives of the Cabindan liberation movements within, as well as outside,

the territory of Cabinda with a view to the transfer of power to political institutions freely elected

and representative of the people, in accordance with General Assembly Resolution 1514 (XV);

(5) Requests the Human Rights Council to make sure that all UN Member States refrain forthwith

from offering the Angolan Government any assistance which would enable it to continue its

repression of the people of the Territory under its administration, i.e. Cabinda; and to take

all the necessary measures to prevent the sale and supply of arms and military equipment

to the Angolan Government for this purpose, including the sale and shipment of equipment

and materials for the maintenance of arms and ammunition to be used in the Territory under

Angolan administration, namely: Cabinda;

Your Excellency,

Angola’s power over Cabinda is indisputably devoid of legal title—that is, devoid of legitimacy

and legality. The principle of legality orders that a State must submit to the rule of law. Yet, in

Cabinda, Angola is still expected to abide by the rule of law and follow democratic rules. There

is no political legitimacy inasmuch as the Angolan Government must necessarily rely on force or

violence to obtain obedience from the people of Cabinda. Political legitimacy is, therefore, the

popular acceptance of a governing law or regime as an authority. The fact remains that after

forty-four years of occupation of Cabinda, Angola is still destitute of popular acceptance.

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The acquisition of the territory of Cabinda by Angola is just a military conquest. However, under

international law and practice, mere force unaccompanied by a legally acknowledged form of

acquisition does not confer a legal title. The 1975 Alvor agreement between Portugal and the

Angolan liberation movements (FNLA, MPLA, UNITA), in which Portugal accepted the right of the

people of Angola to self-determination and independence, and whose Art. 3 declared Cabinda

as “an integral and inalienable part of Angola”, was actually meant to give Angola a legal tool

upon which the legality and legitimacy of its power over Cabinda would be grounded. Thanks

to OAU’s vigorous protest at its 12th Ordinary Summit of Heads of State and Government held

in Kampala (Uganda) from 28 July to 1st August 1975, Portugal abrogated said agreement by

way of the Decreto-Lei (Decree-Law) 458-A/75 of 22 August 1975.

It is agreed that the continued existence of colonialism impedes the social, cultural and economic

development of dependent peoples and militates against the UN ideal of universal peace. Yet,

in order to enable the so-called third-world countries, e.g. Cabinda, to enjoy all-inclusive political

and economic freedom, i.e. to enjoy all the rights conferred on them by the GA Resolutions 1514

(XV) of 14 December 1960 and 1803 (XVII) of 14 December 1962, we are forced to deal with

a critical problem. It is about the sad fact that, quote: “Western Europe’s very existence depends

on the resources of Africa and the continued control exercised by the Western European powers

over the African continent”.4 In fact, as long as there is no “Economic Plan” designed to reconcile

the dependence of Western Europe’s very existence on African natural resources and the right

of African children to live prosperous lives thanks to their respective countries’ mineral deposits,

there will never ever be peace between Africa and the West, and by extension the world as a

whole. Establishing such a plan is a matter of urgency, if we truly want to bring to a speedy and

unconditional end colonialism in all its forms and manifestations.

Everything considered, the launching of such a plan turns out to be a complex work that requires

the involvement and interaction of many. Here, the protagonists of the Asian-African Conference,

aka Bandung Conference, held from 17 to 24 April 1955 in Indonesia, have a vital part to play.

In this connection, it must be said that, as reminded on the occasion of the fiftieth anniversary of

that conference by the late Secretary-General of the United Nations, H.E. Mr. Kofi Annan, “The

assembled leaders underlined the fundamental right of all peoples to self-determination. They

pledged their solidarity with each other in the fight against colonialism and in the struggle for

economic and social development”.5

Owing to the honest push of the 1955 Asian-African Conference, the UN GA ended up bolstering

international law by bringing forth a set of additional critical tools, e.g. the Resolution 1514 (XV)

of 14 December 1960, concerning the Declaration on the Granting of Independence to Colonial

Countries and Peoples; the Resolution 1803 (XVII) of 14 December 1962, about the Permanent

Sovereignty of Peoples over their own Natural Wealth and Resources; the 1966 International

Covenant on Civil and Political Rights; as well as the 1966 International Covenant on Economic,

Social and Cultural Rights. Thanks to the 1955 Bandung Conference, as well as to the commitment

4 A USA-Portugal Exchange: http://history.state.gov/historicaldocuments/frus1955-57v27/d148 5 Protagonists of the 1955 Asian-African Conference: Afghanistan, Burma, Cambodia, Egypt, Ethiopia, China, Ghana, India, Indonesia, Iran, Iraq, Japan, Jordan, Laos, Lebanon, Liberia, Libya, Nepal, Pakistan, Philippines, Saudi Arabia, Sri Lanka, Sudan, Syria, Thailand, Turkey, Vietnam, Yemen.

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of the Special Committee on Decolonization6 or C-24, all over the world, hundreds of millions of

people have exercised their native right of self-determination, and more than 80 once-colonized

territories have gained independence.

Despite the fact that we are clearly denied the rights enshrined in the 1951 Refugee Convention,

which we are entitled to as mandate refugees, a denial meant to force us to give up our peaceful

struggle for the end of colonial domination and exploitation in Cabinda, and hereafter defeat

our people’s legitimate hopes of achieving self-determination and independence, we are hoping

to be eventually accorded the requested hearing for the sake of world peace, and the legitimate

political, cultural, and economic aspirations of the oppressed people of Cabinda.

Your Excellency, thank you very much for your time, your empathy, and your interest in ensuring

that the decolonization process of the Non-Self-Governing Territory of Cabinda is finally brought

to a successful conclusion, according to the people’s choice.

Yours faithfully,

Bartolomeu Capita (Mr.)

Joint-Presidency, Cabindan National Movement

6 Members of the Special Committee on Decolonization: Antigua & Barbuda, Bolivia, Chile, China, Congo, Côte D'Ivoire, Cuba, Dominica, Ecuador, Ethiopia, Fiji, Grenada, India, Indonesia, Iran, Iraq, Mali, Nicaragua, Papua New Guinea, Russian Federation, Saint Kitts and Nevis , Saint Lucia, Saint Vincent and the Grenadines, Sierra Leone, Syrian Arab Republic, Timor-Leste, Tunisia, United Republic of Tanzania, Venezuela.

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Cabinda Gulf Oil & Gas Exploitation Cabinda is geographically separated and distinct from Angola

Housing in the oil-rich Cabinda

Schools in the oil-rich Cabinda

Rubbish has become children’s last resort

Colonialism deprives Cabindans of their own means of subsistence

Destitute children picking through rubbish in order to survive

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