OPENING AN INVESTIGATION PROCESS ON THE MANAGEMENT CARRIED OUT BY LOBITO'S MUNICIPAL ADMINISTRATOR - THE CABAIA CASE

REF. OM/ __ 210 __ /10
LOBITO, 24th August 2010

C/C: His Excellency the President of the National Assembly – LUANDA
His Excellency the Secretary of State for Human Rights – LUANDA
His Excellency the Ombudsman – LUANDA
His Excellency, the Judge, President of the Court of Auditors - LUANDA
His Excellency UN’s Special Rapporteur on Freedom of Opinion and Expression – GENEVA
His Excellency UN’s Special Rapporteur on Human Rights Defenders – GENEVA
Her Excellency UN’s Special Rapporteur for Adequate Housing - GENEVA

His Excellency
Attorney-General of the Republic
L U A N D A

SUBJECT: OPENING AN INVESTIGATION PROCESS ON THE MANAGEMENT CARRIED OUT BY LOBITO’S MUNICIPAL ADMINISTRATOR – THE CABAIA CASE

Our best regards.

For a long while, the Omunga association has been calling attention to the responsibilities of the Angolan state in what relates to the fulfillment of the right to adequate housing.

For this reason, it has been developing the campaign “DON'T TEAR DOWN MY HOUSE” against demolitions and forced evictions.

Once again, we would like to remind Your Excellencies that, in aspect 1 of Observation General Number 7, the Committee on Economic, Social and Cultural Rights “has reached the conclusion that forced evictions are prima facie incompatible with the requirements of the Covenant” (this is, the International Covenant on Economic, Social and Cultural Rights).

On the other hand, it has always advocated for an increase of the accountability of the actors of demolition actions ad forced evictions. OMUNGA believes that such actions bring massive costs with them, affecting the pockets of all citizens in a very direct way. It has an immediate effect on the people affected. However, in a less visible way, it affects all citizens, who will have to support the costs with their own demolition actions and with settlement actions, including fair compensations.

This being, we cannot comprehend the apathy of the executive, legislative and judicial powers, which have not been respecting the true essence of transparency, good management and governance and of the fight against corruption.

In this view, OMUNGA hereby asks His Excellency the Attorney-General of the Republic to open an investigation process on the responsibility of His Excellency Mr. Amaro Ricardo, Municipal Administrator of Lobito, on the grounds of possible complicity in an illegal process about the theft of financial resources belonging to the residents of the Cabaia Neighbourhood, in Lobito. And, as well, on his direct responsibility for disordering that neighbourhood and for all subsequent costs for the residents and for the Angolan State.

The first article of Law 3/10 of March 29 lays down the foundation and the legal system for public morality and the respect for public patrimony for public agents.

According to article 3 of the same Law, “the agent should, in his procedures, verify the following principles:
a) Principle of legality;
b) Principle of public probity;
c) Principle of competence;
d) Principle of impartiality;
e) Principle of prosecution and accountability of the holder, manager, person responsible and official or worker;
f) Principle of urbanity;
g) Principle of parsimony;
h) Principle of loyalty to public institutions and entities and to the State’s superior interests.

According to the documents that OMUNGA had access to, we can demand that an investigation process is opened to conclude that His Excellency Mr. Amaro Ricardo, Municipal Administrator of Lobito, is directly responsible for the current state of disorganized construction in the Cabaia Neighbourhood, in Lobito. Such a situation of urban disorganization is the main argument of the Angolan Executive to implement an urban requalification programme of that area, which involves demolitions and evictions. At the same time, he can be responsible for other illicit actions carried out by other public agents.

According to the referred documents, on 12th December 2005, 13 residents subscribed a letter addressed at His Excellency, the Municipal Administrator of Lobito (attached) where they pointed out names of officials of the Municipal Administration and of Lobito’s Port Captain's Office who, apparently in an illicit way, received money from the citizens to allow them to build their own houses.

On 21st December 2005, the then Administrator of Zone 1, in a letter addressed to His Excellency, the Municipal Administrator of Lobito (attached), proposed that he directed "the services of criminal investigation towards starting a criminal procedure", while suggesting to His Excellency, the Municipal Administrator of Lobito, at the same time, to urge the “Supervisory Body for Legality, the Municipal Prosecution, to make declarations on the existence or not of legality in this whole process, which is de-characterizing the area".

On 17th February 2006, the same Administrator of Zone 1, in a letter equally addressed to His Excellency, the Municipal Administrator of Lobito (attached), pointed out that the lack of a solution for the Cabaia problem "it's nothing more than a mere shortcoming in the exercise of power and, most of all, in the failure to comply with the second administrative function contained in the Manual of the Administrator, MAT, edition of 2000".

According to the current state of disorganization in the referred neighbourhood and to the orders issued by His Excellency, the Municipal Administrator of Lobito, it is noticeable that he did not adopt any measure to avoid the current situation or the investigation of illicit corruption actions.

According to article 17 of the referred Law, Duties of the Public Agent, "the conscience and posture of well-serving, with efficiency and rigor, should constitute a mandatory reference in the activity of the public agent, not only before the citizens, but also before public or private entities".

To strengthen article 20, Service Efficiency, the referred Law also has article 22, Decision Time:
1. The public agent should make the decision in the period of time required for adequate decision-making, in what concerns the legal deadlines;
2. In the prosecution of public interest, the public agent should take care of every matter diligently, avoiding unjustified delays in the decision, in the answer or in the communication of the petition, requirement and solicitation;
3. It constitutes a serious fault, liable of disciplinary and civil responsibility of the public agent:
a) To delay or not to practice, unjustifiably, certain actions in conditions normally demanded

According to the documents that OMUNGA had access to (copies attached), we believe that there is concrete evidence to open an investigation process on the responsibility of His Excellency, the Municipal Administrator of Lobito, in relation to the current urban disorganization in the Cabaia Neighbourhood, related to concealing acts of corruption on the part of public agents, which abuses and violates the content and the substance of the Public Probity Law.

The lack of initiative on the Attorney-General’s side to open the requested investigation process may fail expectations that have been guaranteed to the citizens about the Probity Law. It may also even aggravate the discredit of the citizens towards the legal system.
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We are aware that His Excellency Attorney-General of the Republic will give due importance to the referred subject. Please accept our best regards

José A. M. Patrocínio
General-Coordinator