WRITTEN QUESTION E-0640/03

by José Ribeiro e Castro (UEN) to the Commission

(4 March 2003)

Subject: Angola Cabinda human rights

In December 2002 a report was presented in Luanda drawing attention to serious violations of human rights in the Angolan province of Cabinda. This report was produced by Angolan NGOs. Several of its claims have since been confirmed from other sources (notably Amnesty International) and relayed in the international press.

The report accuses both the Angolan military and the pro-independence FLEC.

The long-standing conflict between the Angolan government and UNITA has recently subsided, bringing in its wake the return of peace. Angola is now endeavouring to consolidate democracy in a framework of national reconciliation and freedom, without which it will be impossible to rebuild the nation or, by the same token, promote the welfare of its inhabitants. However, the problem of Cabinda remains unsolved, as does the associated armed conflict; meanwhile, all initiatives are to be welcomed if they contribute to the broadening and deepening of the framework for peace and reconstruction and are based on a full commitment to respecting fundamental human rights.

The Commission has a delegation in Luanda and is responsible for a number of programmes in Angola. The UN High Commissioner for Human Rights, Mr Sérgio Vieira de Mello, visited the country in January 2003.

Can the Commission answer the following:

- has the Commission examined the above-mentioned report and been made aware by other means of the human rights violations referred to?

- does it have a position on the claims made?

- has its delegation in Luanda taken steps to verify them?

- did it raise the subject at any meeting with the UN High Commissioner for Human Rights?

- does the Commission believe it is in its power to take measures to help ensure that human rights violations of this nature will not recur and, if possible, to promote a political dialogue which will put an end to the conflict in Cabinda?

Answer given by Mr Nielson on behalf of the Commission

(30 April 2003)

Following the signature of the peace agreement between the Government and UNITA in April 2002 and the subsequent unfolding of the peace process, the situation in Cabinda is one of the issues that remains to be solved. The Commission is aware of the difficult situation of the people in Cabinda and recalls its position that all efforts must be made to resolve conflicts through peaceful means. Furthermore the respect of human rights is of paramount importance. The Commission continues to insist that ensuring lasting peace requires an improvement of democratic conditions in Angola, especially promoting improvements in the human rights situation, with the full participation of all stakeholders. Commissioner Nielson visited Angola from 25-28 January 2003. During his meetings with government representatives, including President dos Santos, he also specifically emphasised the need to respect human rights.

The Commission has indeed knowledge of the report Terror in Cabinda by the Ad-Hoc Commission for Human Rights in Cabinda and the Coalition for Citizens' Rights, Reconciliation and Transparency published in December 2002 and supported by the International non-governmental organisation (NGO) Open Society. Furthermore, the Commission obtains information from Angolan and international organisations as well as the local media on the actual state of the ongoing conflict and the alleged human rights abuses in Cabinda.

Due to the civil war in the country and the serious humanitarian situation, the Community's co-operation activities were concentrated in the Southeastern provinces and the Planalto Central. In addition the military activities in Cabinda, intensified after the signature of the Memorandum of Understanding, made access to the region more difficult for international organisations. Given the above and the absence of any permanent United Nations (UN) agency or Community-financed NGOs working in Cabinda, the Commission Delegation has limited possibilities to confirm these allegations.

The UN High Commissioner for Human Rights, Mr Sérgio Viera de Mello, during his visit in the country in January 2003, stressed the importance of having a National Human Rights Action Plan to ensure that the human rights aspects of the Angolan Constitution and domestic legislation were being implemented.

The Union considers the ongoing conflict a source of concern, and believes that the alleged violations of human rights described in the December 2002 report must be carefully examined. The Union will explore in the political dialogue with the Government of Angola measures that could be taken to ensure respect and strengthening of human rights. In this context the signature and ratification by Angola of the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment would be an important element and initiatives to facilitate the process will be examined. In the meantime, the Commission intends to encourage NGOs to be active in the province as far as this is possible.