- Separatist from the non-recognised government of Cabinda have announced that they plan to file war crime allegations with the International Criminal Court (ICC) against Angola. The territory of Cabinda, internationally recognised as a part of Angola, has lived through constant warfare since Angola annexed it in 1975.
The political situation in Cabinda, an oil-rich Angola enclave province wedged between the two Congos, remains unclear. Angola claims being in control of almost all Cabindan territory. The Front for the Liberation of Cabinda Enclave (FLEC), which was the main force fighting for independence, is negotiating an autonomy deal with the Angolans.
Other separatist groups, strengthened by FLEC's peace initiative, however have increased their influence during the two last years. The Armed Forces of Cabinda (FAC) and its allied self-declared "government of the Republic of Cabinda" also claim to "exercise control over the majority of the enclave." Independent reports of growing military activity lately in Cabinda could indicate that FAC may indeed have had some advances.
Now, the self-declared "government of the Republic of Cabinda" announces a diplomatic offensive that could prove a more effective weapon than its FAC troops. The Cabindan separatists say they "ill soon be filing a referral and request for investigation of Angolan war crimes, genocide, and crimes against humanity with The Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo."
Indeed the ICC is obliged to investigate such requests if filed correctly. The separatists only seek to investigate alleged war crimes in Cabinda since 1 July 2002, the date of entry into force of the Rome Statute. This is within the jurisdiction of the ICC.
The separatists announce that the ICC Prosecutor "will be asked to carry out an analysis in order to determine whether to initiate an investigation. For this purpose, he will seek additional information in relation to the criteria set out in the Statute, including the gravity of alleged crimes, any relevant national proceedings, and the interests of justice. All victims and witnesses are asked to provide information to the Republic of Cabinda's attorney – Jonathan Levy," the statement sent to afrol News today says.
The Office of the Prosecutor is also currently conducting investigations in Uganda and the Democratic Republic of the Congo. The Cabindan separatists through their attorney expect to be in a position to achieve a similar investigation in the territory.
The Cabindans accuse the Angolan military of "committing organised atrocities against Cabindans including rape, summary execution, and genocide." The period of time in question focuses on the Angolan military offensive that started in 2002 and crushed most resistance in Cabinda. The offensive had "included organized torture, rape, murder, and looting but has not broken the spirit of the Cabindan people," the self-declared "Cabindan government" said.
Cabindan separatists base their claim for independence on the fact that Portugal operated with two separate colonies; Angola and Cabinda. Cabinda became a separate Portuguese Protectorate after the signing of the Treaty of Simulambuco in 1885, and became known as Portuguese Congo. The Organisation of African Unity (OAU) listed Cabinda as one of the territories that needed to gain its independence in the 1970s. A last minute colonial reorganisation by the Portuguese however incorporated Cabinda into Angola and Angolan troops took control of the territory on 11 November 1975.
During the last decades, Cabinda's rich oil resources have fuelled the conflict. Angola's richest oil fields are located offshore the small territory and have contributed very strongly to treasury in Luanda since the 1980s. Almost nothing of the large oil revenues stay in Cabinda, which lives in dire poverty. Angola has no intentions of discussing Cabindan independence, although talks of a limited autonomy have been initiated.
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