Human Rights: Lusaka Protocol

ANNEX 8: AGENDA ITEM II.3: THE UNITED NATIONS MANDATE, THE ROLE OF THE OBSERVERS OF THE "ACORDOS DE PAZ" AND THE JOINT COMMISSION

A. The United Nations Mandate

I. General Principles

10. The Government and UNITA commit themselves to implement the "Acordos de Paz para Angola" (Bicesse), the relevant resolutions of the United Nations Security Council and the Lusaka Protocol, respecting the principles of the rule of law, the general principles of internationally recognised human rights, more particularly, the Universal Declaration of Human Rights and the fundamental freedoms of the individual, such as defined by the national legislation in force and the various international legal instruments to which Angola adheres.

Annex 6: Agenda Item II.4: National Reconciliation

I. General Principles:

4. National Reconciliation implies:

(b) The respect for the principles of the rule of law, for the fundamental human rights and freedoms as defined by the national legislation in force and by the various legal international instruments to which Angola is a party, including the relevant provisions of the Bicesse Accords and the Lusaka Protocol.

II. Specific Principles:

2. Within the framework of National Reconciliation, the security of citizens, without distinction, the freedoms of speech, professional association and organization of unions, as well as press freedom, provided for and enshrined respectively in Articles 32, 33 and 35 of the Constitutional Law, are guaranteed in accordance with the legislation in force, the Lusaka Protocol and the universal principles of the rule of law.

9. Within the framework of National Reconciliation, the cases of Angolans prevented from exercising their labour rights by circumstances prevailing prior to the signing of the Lusaka Protocol shall be duly considered by the competent State institutions.

17. Within the Framework of National Reconciliation and in conformity with the provisions of Article 120 (3) of the Constitutional Law, the fundamental rights and freedoms of the citizen are guaranteed through the independence of the judiciary.

Implementation History

1994

No Implementation

The Lusaka Protocol called for substantial human rights monitoring, investigations of human rights violations, and human rights training and education programs. These programs were not initiated in 1994.

1995

Intermediate Implementation

In 1995, a Human Rights Unit was established with a mandate to verify and monitor the Angolan National Police (ANP), the demobilization of the Rapid Reaction Police, and perform criminal investigations of human rights violations.1

UNAVEM-3 launched a nationwide human rights education program. “The first such seminar, held in Luanda on 23 November, focused on the role of the Lusaka Protocol in the protection of human rights and on UNAVEM III's plan of action in this area for the period up to February 1997. At the same time, the human rights unit of UNAVEM III has formulated an orientation program for the Mission's own military and police observers, with a view to facilitating their monitoring activities.”2

  • 1. “Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM III),” U.N. Security Council (S/1995/1012), December 7, 1995.
  • 2. Ibid.
1996

Intermediate Implementation

UNAVEM was engaged in several projects in 1996 intended to improve human rights conditions in Angola. The civilian police component investigated numerous complaints of human rights violations in 1996. The number of reported allegations had increased from the previous year. UNAVEM focused much of its training resources on the treatment of prisoners in detention centers and on human rights training associated with the military integration process. A plan was also approved in 1996 by the Government to reform the judicial system.

1997

Intermediate Implementation

UNAVEM continued a multifaceted approach to human rights training and education projects to consolidate the rule of law and reform the judicial system and criminal codes. The Joint Commission held eight meetings in which approximately 60 cases of human rights abuses were examined.3

  • 3. “Progress Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM III),” U.N. Security Council (S/1997/438), June 5, 1997.
1998

Intermediate Implementation

The Human Rights Division and the Ministry of Justice established local human rights committees in 4 provinces. MONUA reported that many human rights abuses were committed by the ANP, including “extrajudicial executions, torture, rape, arbitrary arrest and detention”. A dysfunctional judicial system failed, in almost every respect, at bringing perpetrators of gross human rights violations to justice. The prisons were reported as suffering from “gross violations of detainees’ rights.”4

The verification process broke down in light of the increased violence and the sanctions that were placed on UNITA. MONUA reported that “there have been no contacts between the Government and Mr. Jonas Savimbi and his group, and the joint mechanisms established for the implementation of the peace process at the national and local levels, including the Joint Commission, have been paralyzed.”5

In the last issuance of 1998, MONUA reported that the Angolan government and UNITA forces had continued to perform extensive military operations and that MONUA personnel, under phase IV of their security plan, were withdrawn from all provinces.6

The Uppsala Conflict Data Program coded the conflict between the Angolan government and UNITA as reaching the threshold of “war” in 1998 with over 1000 total deaths in the year. Coding for this case stops December 31 1998.

  • 4. “Report of the Secretary-General on the United Nations Observer Mission in Angola (MONUA),”U.N. Security Council (S/1998/524), June 17, 1998.
  • 5. “Report of the Secretary-General on the United Nations Observer Mission in Angola (MONUA),” U.N. Security Council (S/1998/1110), November 23, 1998.
  • 6. Ibid.