General Peace Agreement for Mozambique
Date Signed: 4 October, 1992
Accord Type: Comprehensive Peace Agreement
Country: Mozambique
91.67Implementation Score after 10 years
Provisions in this Accord
UN Peacekeeping Force
1992
The General Peace Agreement (GPA) for Mozambique had a provision for UN peacekeeping. As soon as the peace agreement was signed, and before the establishment of the United Nations Operation in Mozambique (ONUMOZ), the interim Special Representative and a team of 21 military observers, drawn from existing United Nations peacekeeping missions, arrived in Mozambique on 15 October 1992.1
“On 16 December 1992, the Security Council, by its resolution 797 (1992), approved the Secretary-General’s report and decided to establish ONUMOZ until 31 October 1993. The Council endorsed the Secretary-General’s recommendation that the elections not take place until the military aspects of the General Peace Agreement had been fully implemented. It called upon the Mozambican Government and RENAMO to cooperate fully with the United Nations and to respect scrupulously the ceasefire and their obligations under the Agreement.”2 The mandate of ONUMOZ included four important elements: political, military, electoral and humanitarian.
The formal request for a UN peacekeeping mission led to the Security Council’s approval of a substantial and multifunctional UN peacekeeping operation to be deployed and operational until the first general elections took place. However, ONUMOZ was slow to deploy. In the first few months, peace was only sustained due to the exhaustion of the warring parties and the general enthusiasm and support of the population for the peace agreement. Although operating behind schedule, ONUMOZ was largely successful in fulfilling its mission.
- “Mozambique — United Nations Operation in Mozambique — ONUMOZ,” United Nations, accessed September 2, 2010, http://www.un.org/en/peacekeeping/missions/past/onumoz.htm.
- “Mozambique – ONUMOZ Background,” United Nations, accessed June 4, 2010, http://www.un.org/en/peacekeeping/missions/past/onumozFT.htm.
1993
By the beginning of May 1993, ONUMOZ was fully deployed and its military infrastructure established in all three operational regions. It verified the violations of the ceasefire by both sides to the conflict as well as monitored the situations with strong military and police components. Its maximum military strength as of 30 November 1993 was 6,576 combatants from all ranks.3
1994
ONUMOZ verification continued in 1994. As of 31 October 1994, it had a strong civilian police component consisting of 1,087 police observers stationed all over Mozambique to monitor the situation, especially issues related to human rights violations by the state police force. The UN verification mission was completed as soon as the post-conflict elections took place and election results were announced. The UN mission left Mozambique on December 1994.3 It had contributed to the demobilization, disarmament, integration, and reintegration of former combatants from both sides. It facilitated post-conflict elections and helped to avert the possible resumption of conflict when RENAMO was about to boycott the post-conflict elections.
1995
The UN peacekeeping mission, ONUMOZ, was deployed in 1992 and completed its task by December 1994.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol V.III. Specific guarantees for the period from the ceasefire to the holding of the elections:
1. The Government of the Republic of Mozambique shall submit a formal request to the United Nations for its participation in monitoring and guaranteeing the implementation of the General Peace Agreement, in particular the cease-fire and the electoral process, with immediate priority to co-ordinating and making available food, medical attention and all other forms of support necessary at the assembly and billeting locations for the forces as provided in Protocol VI.
Withdrawal of Troops
1992
The General Peace Agreement (GPA) had a provision for the withdrawal of foreign troops from Mozambique, particularly of those from Zimbabwe and Malawi. Upon the insistence of RENAMO, the withdrawal of foreign troops from the country in the implementation phase and their replacement by UN forces in the transition stage created some tensions with the neighboring countries who had committed military forces to secure access to the trade corridors. This was an especially important issue for landlocked neighbors. The tensions emerged when the Zimbabwean Defence Minister, Moven Mahachi, said that the UN had asked for a suspension of the Zimbabwean withdrawal until strategic roads and rail corridors had been secured. This allegation, however, was denied by the UN mission and the head of the UN military observer team in Mozambique.4
Transport and Communications Minister Armando Guebuza, who was also head of the government team to the Supervision and Control Commission (CSC), said that the GPA required that the foreign troop withdrawal plan be presented to and approved by the CSC and that the implementation of that plan be overseen by the CSE. Despite the fact that the government possessed these plans, which had been drawn up in line with the views of the Malawian and Zimbabwean governments, the CSC had not yet assessed these plans.5 Reportedly, Zimbabwe had postponed the withdrawal of its 5,000 troops in Mozambique, which highlighted the shambles of the peace process there.6
- “UN official denies delaying Zimbabwe troop withdrawal from Mozambique,” BBC Summary of World Broadcasts, November 16, 1992.
- “Mozambique Guebuza Expresses Fears Over Delays in Troop Confinement Process,” BBC Summary of World Broadcasts, November 26, 1992.
- “Army to Stay as Mozambique Peace Delayed,” The Guardian (London), November 27, 1992.
1993
It was reported that the withdrawal of Malawian and Zimbabwean troops from Mozambique had recently been completed.7
1994
Foreign troops were withdrawn by June 1993.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.II. Withdrawal of foreign troops from Mozambican territory:
1. The withdrawal of foreign troops from Mozambican territory shall be initiated following the entry into force of the cease-fire (E-Day).
The Government of the Republic of Mozambique undertakes to negotiate the complete withdrawal of foreign forces and contingents from Mozambican territory with the Governments of the countries concerned.
The modalities and time-frame for the withdrawal shall not contravene any provision of the cease-fire Agreement or the General Peace Agreement.
2. The Government of the Republic of Mozambique shall submit to CSC the deadlines and plans for implementation of the withdrawal, specifying the exact numbers of troops present in Mozambican territory and their location.
3. The complete withdrawal of foreign forces and contingents from Mozambican territory shall be monitored and verified by the ceasefire Commission (CCF) referred to in paragraph VI (i).2 of this Protocol. CCF shall inform CSC of the conclusion of the complete withdrawal of foreign forces from the national territory.
4. In accordance with its mandate CSC, through CCF, will, following the withdrawal of the foreign troops, assume immediate responsibility for verifying and ensuring security of strategic and trading routes, adopting the measures it deems necessary for the purpose.
Cease Fire
1992
The General Peace Agreement for Mozambique had a provision for UN peacekeeping. As soon as the peace agreement was signed and before the establishment of the United Nations Operation in Mozambique (ONUMOZ), the interim Special Representative and a team of 21 military observers drawn from existing United Nations peacekeeping missions arrived in Mozambique on 15 October 1992.8
Before the arrival of the UN military observers, Radio Mozambique in the capital of Maputo reported that “the Mozambique Armed Forces (FAM) and elements of the Mozambique National Resistance (MNR) had clashed for the first time since the signing of the peace agreement when MNR forces attacked a FAM position at Charre, about 10 km from Mutarara in Tete Province, on 14th October”.9
A first group of 10 UN cease-fire observers from the USA, France, and Russia arrived in the capital. A document cited by ‘Noticias’ stated that the Supervision and Control Commission (CSC), which was established in November 1992 as per the General Peace Agreement, regarded the retaking of Lugela by government forces as a clear violation of the cease-fire accord. The document, which was issued by the CSC on December 2, urged the Mozambican government to honor the accord and adhere to the structures that had been created to uphold the peace process.10
There were no further violations of the cease-fire agreement.
- “Mozambique: United Nations Operation in Mozambique (ONUMOZ),” UN ONUMOZ, accessed September 2, 2010, http://www.un.org/en/peacekeeping/missions/past/onumoz.htm.
- “Mozambique Government and Rebel Forces Clash in Tete; UN Observers Arrive,” BBC Summary of World Broadcasts/The Monitoring Report, October 16, 1992.
- “Mozambique Commission Says Recapture of Lugela Was Violation of Peace Accord,” BBC Summary of World Broadcasts, December 10, 1992.
1993
The government team of the CSC sent a note to UN Operations in Mozambique in response to a RENAMO communique signed by Raul Domingos, head of the RENAMO team of the CSC. In the communique, RENAMO stated that “our military strategists will select a strategic target whose destruction will mean an end to the Mozambique Liberation Front (FRELIMO)”. The RENAMO communiqué was a violation of the spirit of the peace agreement.11
However, no violation of the cease-fire was reported. Both the government and the rebels reiterated that they no longer wanted violence.
- “Mozambique: Government Notifies UN about “Serious” MNR Violations,” BBC Summary of World Broadcasts, August 7, 1993.
1994
The cease-fire was successfully implemented during the transitional period. Since the 1994 elections, no significant political violence had been reported. However, tensions between the government and the opposition still existed. Criminal activities were not a rare occurrence, but political violence was very rare.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.VI(i)
2. Cease-fire Commission
(a) On E-Day, the cease-fire Commission (CCF) shall be established and begin its functions under the direct supervision of CSC;
(b) CCF shall be composed of representatives of the Government, RENAMO, the invited countries and the United Nations. CCF shall be presided over by the United Nations;
(c) CCF shall be based in Maputo and shall be structured as follows:
– Regional offices (North, Centre and South);
– Offices at the assembly and billeting locations of the two Parties.
(d) CCF shall have, inter alia, the function of implementing the demobilisation process, with the following tasks:
– Planning and organization;
– Regulation of procedures;
– Direction and supervision;
– Registration of troops to be demobilised and issue of the respective identity cards;
– Collection, registration and custody of weapons, ammunition, explosives, equipment, uniforms and documentation; destroying or deciding on the other disposition of weapons, ammunition, explosives, equipment, uniforms and documentation as agreed by the Parties;
– Medical examinations;
– Issue of demobilisation certificates.
(e) The United Nations shall assist in the implementation, verification and monitoring of the entire demobilisation process.
Protocol VI.I Cessation of the armed conflict:
1. The cessation of the armed conflict (CAC) is a brief, dynamic and irreversible process of predetermined duration which must be implemented throughout the national territory of Mozambique.
The implementation of the process shall be the responsibility of the Government of the Republic of Mozambique and of RENAMO, acting within the framework of the cease-fire Commission (CCF). The CCF is answerable to the CSC, the organ responsible for the overall political supervision of the cease-fire. The CCF shall be composed of representatives of the Government and of RENAMO, representatives of countries accepted by them and a representative of the United Nations, who shall preside.
2. The CCF, which shall be structured as stipulated in Protocol IV, paragraph VI.i.2, shall have the following functions:
– to plan, verify and guarantee the implementation of the cease-fire rules;
– to set itineraries for the movement of forces, in order to reduce the risk of incidents;
– to organize and implement mine-clearing operations;
– to analyse and verify the accuracy of the statistics provided by the Parties on troop strength, arms and military equipment
– to receive, analyse and rule on complaints of possible cease-fire violations;
– to ensure the necessary co-ordination with organs of the United Nations verification system;
– the functions provided for in sections II, III and VI of Protocol IV.
3. The CAC shall begin on E-Day and end on E-Day + 180.
4. The CAC consists of 4 (four) phases:
– cease-fire;
– separation of forces;
– concentration of forces;
– demobilisation.
5. The cease-fire
The Parties agree that:
(a) the cease-fire shall enter into force on E-Day
E-Day is the day on which the General Peace Agreement is adopted by the Assembly of the Republic and incorporated into Mozambican law. The deployment of United Nations personnel in Mozambican territory to verify the cease-fire shall begin the same day;
b) As of E-Day, neither of the Parties shall carry out any hostile act or operation by means of forces or individuals under its control. Accordingly, they may not:
– carry out any kind of attack by land, sea or air;
– organize patrols or offensive manoeuvres;
– occupy new positions;
– lay mines and prevent mine-clearing operations;
– interfere with military communications;
– carry out any kind of reconnaissance operations;
– carry out acts of sabotage and terrorism;
– acquire or receive lethal equipment
– carry out acts of violence against the civilian population;
– restrict or prevent without justification the free movement of persons and property;
– carry out any other military activity which, in the opinion of the CCF and the United Nations, might jeopardise the cease-fire.
In performing their functions, the CCF and the United Nations shall enjoy complete freedom of movement throughout the territory of Mozambique;
(c) On E-Day, the United Nations shall begin official verification of compliance with the undertaking described in paragraph (b), investigating any alleged violation of the cease-fire. Any duly substantiated violation shall be reported by the United Nations at the appropriate level;
(d) During the period between the signing of the General Peace Agreement and E-Day, the two Parties agree to observe a complete cessation of hostilities and of the activities described in paragraph (b), in order to allow the United Nations to deploy its personnel in the territory to verify all aspects of the CAC as of E-Day.
6. Separation of forces
The Parties agree that:
(a) The purpose of the separation of forces is to reduce the risk of incidents, to build trust and to allow the United Nations effectively to verify the commitments assumed by the Parties;
(b) The separation of forces shall last 6 (six) days, from E-Day to E-Day + 5;
(c) During this period, the FAM shall proceed to the barracks, bases, existing semi-permanent facilities and other locations listed in annex A;
(d) During the same period, the RENAMO forces shall proceed to the locations listed in annex B;
(e) The locations listed in the above-mentioned annexes shall be those agreed to between the Parties and the United Nations no later than 7 (seven) days after the signing of the General Peace Agreement. The lists shall specify the name and site of the 29 assembly and billeting points for the FAM and the 20 such points for the RENAMO forces;
(f) Accordingly, by 2400 hours on E-Day + 5, the FAM and the RENAMO forces must be in the locations listed in annexes A and B respectively;
(g) All movements shall take place under the supervision and co-ordination of the United Nations. Neither Party may prevent or jeopardise, the movements of the other Party’s forces. The United Nations shall supervise all the locations listed in annexes A and B and shall in principle be present 24 hours a day in each of those locations as of E-Day;
(h) During this period of 6 (six) days, no force or individual shall be able to leave assembly and billeting points except to seek medical care or other humanitarian reasons, and then only with the authorisation and under the supervision of the United Nations. In each location, the commander of the troops shall be responsible for maintaining order and discipline and for ensuring that the troops conduct themselves in accordance with the principles and the spirit of this Protocol.
7. Concentration of forces
The Parties agree that:
(a) The concentration of forces shall begin on E-Day + 6 and end on E-Day + 30;
(b) During this period, the FAM shall concentrate in the normal peacetime barracks and military bases listed in annex C;
(c) During the same period, the RENAMO forces shall go to the assembly and billeting points listed in annex D;
(d) All movements shall take place under the supervision and co-ordination of the United Nations and shall be subject to the same conditions as those established for the separation of forces;
(e) All the main military facilities of the two Parties which cannot be moved to assembly and billeting points, such as military hospitals, logistical units and training facilities, shall be subject to verification in situ. These locations must also be specified no later than 7 (seven) days after the signing of the General Peace Agreement;
(f) Each assembly and billeting point shall be run by a military commander appointed by the corresponding Party. The military commander is responsible for maintaining the order and discipline of troops, distributing food and ensuring liaison with the organs for the verification and supervision of the cease-fire. In the event of an incident or a cease-fire violation, the military commander must take immediate steps to avoid an escalation and put a stop to the incident or violation. Any incident or violation shall be reported to the senior level of the command structure and to the cease-fire verification and supervision organs;
(g) Arrangements for the security of each assembly and billeting point shall be agreed between the corresponding commander and the CCF, with the knowledge of the United Nations. The military unit stationed in each location shall provide its own security. Each assembly and billeting point shall cover an area with a maximum radius of five kilometres. Individual weapons and the necessary ammunition shall be distributed only to the security staff of assembly and billeting points;
(h) Each location must have the capacity to accommodate at least 1,000 soldiers.
8. Demobilisation
Shall take place as stipulated in section VI of Protocol IV.
9. Formation of the FADM
Shall take place as stipulated in section I of Protocol IV.
10. Miscellaneous provisions.
(a) The Parties agree to the following:
1. To supply the United Nations with complete inventories of their troop strength, arms, ammunition, mines and other explosives on E-Day-6, E-Day, E-Day + 6, E-Day + 30 and, thereafter, every 15 days;
2. To allow the United Nations to verify the aspects and data referred to in the preceding paragraph;
3. As of E-Day + 31, all collective and individual weapons, including weapons on board aircraft and ships, shall be stored in warehouses under United Nations control;
4. (a) As of E-Day + 6, troops shall be able to leave their respective assembly and billeting points only with the authorisation and under the supervision of the United Nations;
(b) As of E-Day, the naval and air force components of the FAM shall refrain from carrying out any offensive operation. They may carry out only such non-hostile missions as are necessary for the discharge of their duties unrelated to the armed conflict. All air force flight plans must be communicated in advance to the United Nations. Aircraft may not, in any case, be armed and may not overfly assembly and billeting points,
(c) The foreign forces currently present in the territory of Mozambique must also respect the agreed cease-fire as of E-Day. In accordance with section II of Protocol IV, on E-Day the Government of the Republic of Mozambique shall communicate to the United Nations and the CSC the plans for the withdrawal of foreign troops from Mozambican territory. These plans shall include the numbers and equipment of such troops. the withdrawal shall begin on E-Day +6 and end on E-Day +30. All movements must be co-ordinated and verified by the CCF;
(d) The Parties agree that, as of E-Day, they shall end all hostile propaganda, both internal and external;
(e) Border control as of E-Day shall be provided by the immigration services and the police.
Executive Branch Reform
1992
The General Peace Agreement (GPA) provided for a free election of the executive by a simple majority vote (50 + 1) and if none of the candidates won on the first round, the two with the highest number of votes would participate in a run-off. Presidential and parliamentary elections were scheduled for October 1993.
1993
Presidential and parliamentary elections were scheduled for October 1993, but were delayed due to lags in the schedule for the demobilization of the RENAMO and FRELIMO soldiers. At a news briefing in the Mozambican capital, the United Nations Special Representative for Mozambique, Aldo Ajello, suggested that the country’s first multi-party presidential and parliamentary elections should be postponed until mid-1994 due to delays in the demobilization process.12
- “Mozambique: UN Representative Ajello Proposes Postponement of Elections Until June 1994,” BBC Summary of World Broadcasts, February 15, 1993.
1994
The first multiparty elections for the president and the parliament took place from the 27th to the 29th of October, 1994. President Joaquim Chissano received 53.3 percent of the vote, and RENAMO leader Afonso Dhlakama received 33.7 percent of the vote. Chissano’s FRELIMO party won 129 seats in the 250-member parliament. Dhlakama’s RENAMO took 112 seats. The Democratic Union won the other nine parliamentary seats.13 This was the first multi-party election. The 1994 elections were extensively monitored by observers representing both parties as well as some of the key donors and the UN.
1995
A multi-party election for the executive by simple majority vote took place in October 1994.
No further developments.
1996
No developments observed this year.
1997
No developments observed this year.
1998
No developments observed this year.
1999
The second multi-party election for the executive by simple majority vote took place from December 3-5, 1999. FRELIMO’s Chissano received 52.29% of the vote and RENAMO’s Dhlakama received 47.71% of the vote.14
- “Elections in Mozambique,” African Election Database, accessed September 9, 2010, http://africanelections.tripod.com/mz.html#1999_Presidential_Election.
2000
The second multi-party election for the executive by simple majority vote took place in December 1999.
No further developments observed this year.
2001
No further developments observed.
PROTOCOL III.V:
6. Election of the President of the Republic
(a) The President of the Republic shall be elected by an absolute majority of ballots cast. If no candidate obtains an absolute majority, a second ballot shall be held restricted to the two candidates who have received the highest number of votes;
(b) The second ballot shall take place within one to three weeks after the announcement of the results of the first ballot. Having regard to organizational considerations, the date of the ballot shall be indicated before the commencement of the election campaign;
(c) Individuals 35 years of age and over who are citizens and registered voters shall be eligible to stand for election to the office of President of the Republic;
(d) Candidacies for President of the Republic must have the support of at least 10,000 signatures of Mozambican citizens 18 years of age and over who are currently registered voters.
Constitutional Reform
1992
The representative of Mozambique informed the Security Council that the Assembly of the Republic of Mozambique had, on 12 October 1992, unanimously approved a law adopting the General Peace Agreement for Mozambique, which would enter into force on 15 October 1992.15“Repertoire of the Practice of the Security Council, 1989-1992, Chapter VIII: Consideration of questions under the responsibility of the Security Council for the maintenance of international peace and security,” 4; “The situation in Mozambique,” United Nations Security Council, 295, accessed September 9, 2010, http://www.un.org/en/sc/repertoire/89-92/Chapter%208/AFRICA/item%2004_Mo… The Agreement became part of the constitution.
1993
The General Peace Agreement was adopted by the Assembly of the Republic of Mozambique on 12 October 1992 and became effective on 15 October 1992. The agreement became part of the constitution.
No further developments.
1994
No further developments observed.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol V.IV. Constitutional issues:
The joint declaration of 7 August 1992 signed by Joaquim Alberto Chissano, President of the Republic of Mozambique, and Afonso Macacho Marceta Dhlakama, President of Renamo, constitutes an integral part of the General Peace Agreement. Accordingly, the principles embodied in Protocol I shall also apply with respect to the problem of constitutional guarantees raised by RENAMO and illustrated in the document submitted to the President of the Republic of Zimbabwe, Robert Gabriel Mugabe, at Gaborone, Botswana, on 4 July 1992. To this end, the Government of the Republic of Mozambique shall submit to the Assembly of the Republic for adoption legal instruments incorporating the Protocols, the guarantees and the General Peace Agreement into Mozambican law.
Electoral/Political Party Reform
1992
The 1992 General Peace Agreement (GPA), signed in Rome by President Joaquim Chissano and guerrilla leader Afonso Dhlakama, marked the beginning of a fundamentally successful process of democratic change in Mozambique. It provided an institutional framework for a transformation from a one party to a multi-party democracy by providing the means for both RENAMO and FRELIMO to change themselves into legitimate political parties.16
The electoral act in Protocol III of the General Peace Agreement was passed as law in October 1992.17
- Carrie Manning, The Politics of Peace in Mozambique: Post-Conflict Democratization, 1992-2000 (Westport: Praeger Publishers, 2002).
- Irae Baptista Lundin, “Towards Stable Electoral Laws in Mozambique,” African Journal on Conflict Resolution 4, no. 2 (2004): 97-118, 103.
1993
Since the demobilization was still going on, no serious debate on electoral law took place.
1994
The GPA changed the Constitution and introduced ‘principles of Electoral LawÕ in article 107. Paragraph 3 of article 107 was revised and changed from majority vote to proportional vote according to the protocol of the GPA. The new Constitution and the GPA had thus established the foundations for the creation of the planning, executing, directing, and supervising organs of the electoral processes for the multi-party elections—the National Electoral Commission (CNE) and the Technical Secretariat of the Electoral Administration (STAE).18
1995
The electoral law was adopted in 1994.
1996
The electoral law was adopted in 1994. However, there were amendments to the constitution in 1996 by Law 6/96 on 22 November 1996.3
1997
The following laws were approved by parliament for local government elections:3
- Law 2/97 on February 18th: Approving the legal framework for the implementation of the local municipalities.
- Law 4/97 on May 28th: Creating the National Electoral Commission.
- Law 5/97 on May 28th: Institutionalizing the systematic electoral census for the realization of the election and opinion polls.
- Law 6/97 on May 28th: Establishing the legal-juridical framework for the elections of the local municipal organs.
- Law 7/98 on May 31st: Establishing the framework for the administrative tutelage of the State upon the local municipalities.
- Law 8/97 on May 31st: Establishing the special norms that regulate the organization and the functioning of the city of Maputo (the capital city of the Republic).
- Law 9/97 on May 31st: Defining the statute of the office holders and members of the local municipalities.
- Law 10/97 on May 31st: Creating the municipalities in cities and villages and in some territorial circumscriptions.
- Law 11/97 on May 31st: Defining and establishing the legal-juridical regime of the municipal finances and patrimony.
1998
In 1998, just before the general election, Justice Minister Jose Abudo proposed amendments to the 1997 law creating the National Elections Commission, and a new law on electoral procedures based largely on the law used for the country’s first multi-party elections in 1994. The RENAMO General Secretary, Joao Alexandre, accused the government of waiting until the last minute to draft a new electoral law “even though it has known since 1992 that there would be general elections in 1999.”19 The law was not amended in 1998.
1999
In September 1999 Mozambique’s National Parliament amended the country’s electoral law. “The amendments changed the organic structure of the STAE. The innovation was to permit the appointment of two Deputy General Directors by the political parties according to the representation in parliament. They would assist the General Director but have no right to vote. The CNE was also changed. In 1994, the most consensual CNE was composed of members chosen by the government, by RENAMO, as well as from the small parties.”20
“Paragraph 2 of article 19 of law 4/99 that created the CNE, stipulated that in the electoral periods the organic framework of STAE, at each level, is to be complemented by political appointments. Law 4/99 introduced alterations in the composition of CNE, enlarging the organ at provincial, district and city levels. The new composition of the CNE for 1999 increased from eight members in 1998 to 17 members: 15 members elected proportionally by political parties represented in parliament, and two members appointed by government. The president of the organ was to be nominated by civil society and appointed by the President of the Republic. At provincial level CNE was to have seven members, one designated by government and six by the parties represented in the parliament, proportionally. At district and city level, the membership stood at five in the total, one plus four following the same principle. The amended electoral law in 1999 did also provide for a new electoral census, and the limit of 18 years to register to vote, to be completed up to the last day of the census. In 1999 FRELIMO’s candidate won the presidency, and representation in the national parliament is 133 seats for FRELIMO and 117 seats for RENAMO-Electoral Union.”3
2000
No developments observed this year.
2001
No developments observed this year.
“In 2002 parliament amended the law for local elections to be held in 2003, in order to make it more consensual.”21 Three new laws were discussed and approved, providing a framework for the national elections to be held in 2004:
- Law 18/2002 on October 10: Altering the laws 5/97 and 9/99, related to the institution of the systematic electoral census for the realization of elections and opinions polls.
- Law 19/2002 on October 10: Introducing alterations to the law 6/97, related to the election of the organs of the local municipalities.
- Law 2/2002 on October 10: Creating the National Electoral Commission.
“The new CNE will have 19 members, 17 appointed by the parliament on a proportional basis, and one member without a voting right, appointed by the government. The 19th member is the president of CNE appointed by the civil society. The CNE will choose the provincial and district commission to be in force from 45 days before the date of the electoral census, electoral acts and electoral polls, and ceases its functions ten days after the results have been presented to the public. The electoral commissions at city and district levels, function from 30 days before the date of the electoral census, electoral acts and opinion polls, and cease their functions five days after the results have been presented to the public.”3
“The most notable feature of the amendment was that the CNE was to be headed by a member appointed by the civil society, to be approved by the parliament from the list of at least three names, and nominated by the President of the Republic. The process caused a good feeling of counting in state affairs in the civil society, even if because it was a new practice it has probably not produced the best results in the eyes of all sectors of the civil society. Decisions in the CNE will be made by consensus, there will be a permanent voter’s roll, and CNE will remain a permanent structure.”3
“STAE will have its General Director selected by the CNE, after a public contest based on curriculum evaluation, and appointed by the Cabinet on the recommendation of the CNE. During the electoral period the Director of the STAE is assisted by two Deputy General Directors nominated by the political parties according to the representation in the parliament. This fact will hopefully prevent boycotts and turn the election into a really participatory democratic exercise. Moreover, the new law (20/2002) will hopefully prevent the accusations of fraud that the opposition has made since 1994, the worst in 1999 when the Supreme Court ruled out the appeal.”3
Protocol II: 1. The nature of political parties
(a) Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for democratic participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.
(b) Associations whose primary purpose is to promote local or sectoral interests or the exclusive interests of a given social group or class of citizens shall be different from political parties and may not enjoy the status provided for by law for such parties.
(c) The Political Parties Act shall determine the conditions for the acquisition of the status of juridical person by political parties.
(d) Political parties shall be granted specific privileges, which shall be guaranteed by law.
(e) For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.
2. General principles
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions:
(a) They must pursue democratic purposes;
(b) They must pursue national and patriotic interests;
(c) The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious;
(d) The members of political parties must be citizens of Mozambique;
(e) The parties must have a democratic structure and the bodies must be transparent;
(f) The parties must accept democratic methods for the pursuit of their aims;
(g) Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.
3. The rights of parties
The purpose of the Political Parties Act shall be to protect the freedom of action and operation of political parties, with the exception of those which espouse anti-democratic, totalitarian or violent aims, or which conduct their activities in a manner contrary to law.
Parties shall enjoy the following rights:
(a) Equal rights and duties before the law;
(b) Every Party shall have the right freely and publicly to propound its policies;
(c) Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the basis of criteria of representativeness to be specified in the Electoral Act;
(d) Exemption from taxes and fees as provided for by law;
(e) No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion;
(f) Other aspects specific to individual political parties shall be determined in their respective statutes or regulations, which must conform with the law. Public notice shall be given of such statutes or regulations.
4. Duties of parties
Political parties shall fulfil the following requirements:
(a) They shall be identified by name, acronym and symbol. The use of names, acronyms or symbols which may be considered offensive by the inhabitants or which incite to violence and may have divisive connotations based on race, region, tribe, gender or religion shall be prohibited;
(b) They shall not call into question the country’s territorial integrity and national unity;
(c) They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office;
(d) They must ensure that their statutes and programmes are approved by a majority of their members or by assemblies representing those members;
(e) As regards their internal organization, Parties must fully respect the principle of free adherence of their members, who may not be compelled to join or remain in a party against their will;
(f) They must be registered and disclose annually their accounts and sources of funding.
5. Registration
(a) The purpose of registration is to certify that the founding and existence of parties is in accordance with the applicable legal principles and, consequently, to confer on parties the status of juridical person;
(b) For the purposes of registration, each Party must have collected at least 2,000 signatures;
(c) Responsibility for registering parties shall rest with the Government;
(d) The Commission provided for in paragraph 5 of Protocol I on basic principles shall consider and settle any disputes which may arise in connection with the registration of parties. For that purpose the Government shall make available to the Commission the documents required by law.
6. Implementation
(a) The Parties agree that, immediately following the signature of the General Peace Agreement, Renamo shall commence its activities as a political party, with the privileges provided for by law; it shall, however, be required to submit at a later date the documents required by law for registration;
(b) Pursuing the method of dialogue, collaboration and regular consultation, the parties agree to establish, in connection with the discussion of item 5 of the Agreed Agenda, the timetable of activities necessary for the proper implementation of this Protocol.
Protocol III: V. Electoral procedures: system of democratic, impartial and pluralistic voting:
1. General Principles
(a) The Electoral Act shall establish an electoral system which is consonant with the principles of the direct, equal, secret and personal ballot;
(b) Elections to the Assembly of the Republic and for President of the Republic shall be held simultaneously;
(c) The elections shall take place within one year after the date of the signing of the General Peace Agreement. This period may be extended if it is determined that circumstances exist which preclude its observance.
2. The right to vote
(a) Mozambican citizens 18 years of age and over shall have the right to vote, with the exception of individuals suffering from certified mental incapacity or insanity;
(b) As envisaged by item 4 (a) of the Agreed Agenda, Mozambican citizens who are detained or have been sentenced to a prison term for a criminal offense under ordinary law shall not have the right to vote until they complete their sentence. In any event, this restriction shall not apply to individuals belonging to the Parties in respect of acts committed in the course of military operations;
(c) Exercise of the right to vote shall be conditional on registration in the electoral rolls;
(d) With the aim of promoting the broadest possible participation in the elections, the parties agree to encourage all Mozambican citizens 18 years of age and over to register and to exercise their right to vote.
3. National elections commission
(a) For the purpose of organizing and conducting the electoral process, the Government shall set up a National Elections Commission, composed of individuals whose professional and personal qualities afford guarantees of balance, objectivity and independence vis-ˆ-vis all political parties. One third of the members to be appointed to the Commission shall be nominated by RENAMO;
(b) The Commission shall have the following functions:
1. To draw up, in consultation with the political parties, regulations governing election campaigning, regulations on the distribution of broadcast air time and regulations on the utilization of public and private places and facilities during the election campaign;
2. To oversee the compilation of electoral rolls, the legal filing of candidacies, the public announcement of candidacies and checking and recording the election results;
3. To monitor the electoral process and ensure compliance with the laws;
4. To ensure equality of treatment for citizens in all acts relating to the elections;
5. To receive, consider and settle complaints with respect to the validity of the elections;
6. To ensure equal opportunity and treatment for the different candidates;
7. To review the election accounts;
8. To draw up and have published in the national gazette (Boletim da Republica) the lists of the results of the final vote tally.
4. Voting Assemblies
(a) At each polling place there shall be a Voting Assembly composed of:
– All citizens who are to exercise their right to vote at the given polling place;
– Representative of the various candidates and parties.
(b) Each Voting Assembly shall be presided over by a Ballot Board composed of a Chairman, a vice-chairman-cum-secretary and tellers which shall oversee the electoral operations;
(c) The members of the Ballot Board shall be appointed from among the voters belonging to the Voting Assembly in question, with the agreement of the representatives of the various candidates;
(d) The ballot boards shall be responsible for monitoring all electoral operations and transmitting the results to the National Elections Commission;
(e) Delegates of the candidates or parties in the Voting Assembly shall have the right:
1. To monitor all electoral operations;
2. To examine the rolls compiled or utilized by the Board;
3. To be heard and to receive clarifications with respect to all matters relating to the conduct of the Assembly;
4. To submit complaints;
5. To occupy the places closest to the Assembly Board;
6. To initial and sign the official records of the Assembly and to monitor all acts related to the electoral operations.
(f) Any complaints shall be included in the official records and transmitted to the National Elections Commission.
5. Election to the Assembly of the Republic
(a) The country’s provinces shall constitute electoral districts. The National Elections Commission shall decide on the apportionment of seats to each electoral district on the basis of population;
(b) The Electoral Act shall provide for an electoral system based on the principle of proportional representation for election to the Assembly;
(c) Parties which intend to stand jointly for elections to the Assembly must submit lists under a single emblem
(d) Once the election campaign has begun, the combining of electoral lists for the purpose of pooling votes shall not be permitted;
(e) Citizens 18 years of age and over shall be eligible to stand for election to the Assembly of the Republic. The parties agree, however, on the desirability of raising the minimum age to 25 for the forthcoming elections as a transitional measure;
(f) A minimum percentage of votes cast nationwide shall be established, below which competing political parties may not have a seat in the Assembly. This percentage shall be agreed in consultation with all political parties in the country and shall not be less than 5 per cent or more than 20 per cent;
(g) Representatives of the parties in each electoral district shall be elected in the order in which they appear on the lists.
6. Election of the President of the Republic
(a) The President of the Republic shall be elected by an absolute majority of ballots cast. If no candidate obtains an absolute majority, a second ballot shall be held restricted to the two candidates who have received the highest number of votes;
(b) The second ballot shall take place within one to three weeks after the announcement of the results of the first ballot. Having regard to organizational considerations, the date of the ballot shall be indicated before the commencement of the election campaign;
(c) Individuals 35 years of age and over who are citizens and registered voters shall be eligible to stand for election to the office of President of the Republic;
(d) Candidacies for President of the Republic must have the support of at least 10,000 signatures of Mozambican citizens 18 years of age and over who are currently registered voters.
7. Financing and facilities
(a) The National Elections Commission shall guarantee the distribution to all parties competing in the elections, without discrimination, of subsidies and logistic support for the election campaign apportioned on the basis of the number of each party’s candidates and under the supervision of all parties competing in the elections;
(b) The Government undertakes to assist in obtaining facilities and means so that Renamo may secure the accommodation and transport and communications facilities it needs to carry out its political activities in all the provincial capitals, and in other locations to the extent that the available resources so permit;
(c) For these purposes the Government shall seek support from the international community and, in particular, from Italy.
Protocol III.VI. Guarantees for the electoral process and role of international observers:
(a) Supervision and monitoring of the implementation of this Protocol shall be guaranteed by the Commission envisaged in Protocol I on basic principles;
(b) With a view to ensuring the highest degree of impartiality in the electoral process, the parties agree to invite as observers the United Nations, OAU and other organizations, as well as appropriate private individuals from abroad as may be agreed between the Government and Renamo.
The observers shall perform their function from the commencement of the electoral campaign to the time when the Government takes office;
(c) With the aim of expediting the peace process, the parties also agree on the necessity of seeking technical and material assistance from the United Nations and OAU following the signature of the General Peace Agreement;`
Territorial Powersharing
1992
As stipulated in the General Peace Agreement, RENAMO (or its armed wing, the Mozambique National Resistance (MNR)) continued to hold control of territory. RENAMO controlled approximately twenty-five percent of Mozambican territory, scattered all over the country, at the end of the war in 1992 and about six percent of the population. The largest concentrations of RENAMO-controlled territory were in the central part of the country, specifically in Manica, Sofala, and Zambézia provinces.22 However, territorial administration by RENAMO was meant to be temporary until the holding of post-conflict elections. As such, RENAMO continued to hold its control over areas as territorial powersharing for a temporary period.
- Dorina A. Bekoe, “Mutual Vulnerability and the Implementation of Peace Agreements: Examples from Mozambique, Angola, and Liberia,” International Journal of Peace Studies 10, no. 2 (2005): 51.
1993
Territory under RENAMO control was administered by RENAMO members. On 15 March 1993, the Mozambique National Resistance (MNR) announced in a communique issued in Maputo that it would not participate in any of the peace agreement committees until the government resolved all the administrative problems of the MNR in Maputo, challenging recent statements about government expenditure on the MNR administration in Maputo made by the Minister of Construction and Water Joao Salomao.23
A presidential decree was issued on 14 July 1993 that created a national commission aimed at facilitating cooperation and fostering understanding between the State Administration Ministry and the administration in areas controlled by the Mozambique National Resistance [MNR – RENAMO]. Meanwhile, RENAMO had issued a communique saying the state administration in RENAMO-controlled areas would only begin once the commission begins to operate. In its communique, RENAMO once again pointed out that the General Peace Accord signed in Rome referred to the existence of two administrations in Mozambique.24
- “Mozambique: MNR Stops Participation in Peace Committees until Problems Resolved,” BBC Summary of World Broadcasts/The Monitoring Report, March 16, 1993.
- “Mozambique: Radio Says Issue of ‘Double Administration’ Needs To Be Clarified,” BBC Summary of World Broadcasts, July 16, 1993.
1994
As of 1994, most of the country was under government control, but RENAMO was restricting access to its strongholds in central Mozambique. After elections, the administrative control of RENAMO ended.25
- “Ballots, Not Bullets: Mozambique Goes to the Polls This Week but the Question is What Happens Next,” The Gazette (Montreal, Quebec), October 23, 1994.
1995
RENAMO’s territorial powersharing ended after the elections as planned and a unified administration was established.
No further develoments.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol V. III. Specific guarantees for the period from the cease-fire to the holding of the elections:
9. Guarantee of legality, stability and tranquillity throughout the territory of the Republic of Mozambique.
(a) The Parties recognize that the public administration in the Republic of Mozambique during the period between the entry into force of the ceasefire and the time when the new Government takes office will continue to obey the law in force and to be conducted through the institutions provided for by law;
(b) The public administration shall guarantee public tranquillity and stability, and seek to ensure the maintenance of peace and the creation of the climate required for the holding of fair and free general and presidential elections in accordance with the provisions of the General Peace Agreement and the Electoral Act;
(c) The two Parties undertake to guarantee that the laws and legislative provisions of the Republic of Mozambique, as well as the civil and political rights of citizens and human rights and fundamental freedoms, shall be respected and guaranteed in all parts of the national territory in conformity with Protocol I of 18 October 1991;
(d) In order to ensure greater tranquillity and stability in the period between the entry into force of the ceasefire and the time when the new Government takes office, the Parties agree that the institutions provided for by law for the conduct of the public administration in the areas controlled by Renamo shall employ only citizens resident in those areas, who may be members of Renamo. The State shall accord such citizens and the institutions staffed by them the respect, treatment and support required for the discharge of their duties, on the basis of strict equality and without any discrimination in relation to others performing similar functions and institutions at the same level in other areas of the country.
The relationship between the Ministry of State Administration and the administration in the areas controlled by Renamo shall be conducted through a National Commission constituted by the Parties for the purpose of facilitating collaboration and good understanding. This Commission shall be composed of four representatives of each of the Parties and shall begin operating 15 days after the signature of the General Peace Agreement;
(e) The Government undertakes to respect and not antagonize the traditional structures and authorities where they are currently de facto exercising such authority, and to allow them to be replaced only in those cases where that is called for by the procedures of local tradition themselves;
(f) The Government undertakes not to hold local, district or provincial elections or elections to administrative posts in advance of the forthcoming general elections;
(g) The Parties undertake to guarantee throughout the national territory the exercise of democratic rights and freedoms by all citizens, as well as the performance of party work by all political parties;
(h) The Parties guarantee access by the Commissions provided for in the General Peace Agreement, the representatives and officials of the State institutions provided for by law and their officials to any part of the national territory to which they may need to proceed on official business, as well as the right to freedom of movement in all locations not restricted by any legislative measure, instrument or rule.
Dispute Resolution Committee
1992
The Supervisory and Monitoring Commission (CSC) was appointed on 4 November 1992 to guarantee the implementation of and assume responsibility for authentic interpretation of the Agreement, settle any disputes between the parties that might arise, and guide and coordinate the activities of the other Commissions. The United Nations led the CSC with Government and RENAMO delegations, and representatives of Italy, France, Portugal, the United Kingdom, the United States, and the Organization of African Unity (OAU). The first meeting of the CSC was held on 4 November 1992, where the Ceasefire Commission (CCF), the Commission for the Reintegration of Demobilized Military Personnel (CORE), and the Joint Commission for the Formation of the Mozambican Defence Forces (CCFADM) were established.8
The Supervision and Control Commission (CSC) met in Maputo on 25 November 1992 to discuss rules for its investigation teams should cease-fire violations occur. “Speaking to the media shortly after the meeting, Lt-Col Sinha, commander of the UN forces in Mozambique, said those rules have come into force on an interim basis. The definitive rules had still to be approved by the UN. The meeting also looked into Mozambique government and MNR [MNR] reports of violations of the Rome Peace Accords. It also drew up a plan for trips to areas where such violations are said to have occurred, so that they can be investigated” (BBC Summary of World Broadcasts, 1992).26
- “Mozambique Commission Discusses Ceasefire Implementation,” BBC Summary of World Broadcasts, November 27, 1992.
1993
The Supervision and Control Commission (CSC) held a meeting on 22 January 1993 in order to discuss UN proposals concerning the confinement of government and Mozambique National Resistance [MNR – RENAMO] troops. In the meeting, the United Nations proposed that the 12 assembly points already identified should be occupied as soon as possible. The Mozambican government had already approved the proposal, though RENAMO still had to make a final decision on the matter. RENAMO believed that the accommodation of troops should begin simultaneously only after the 49 assembly points provided for in the accord had been identified.
The CSC also discussed regulations governing the various commissions and the replacement of the Humanitarian Assistance Committee. The UN Operations Team on Emergency and Humanitarian Assistance in Mozambique would replace that committee.27
Territory under RENAMO control was administered by RENAMO members. On 15 March 1993, the Mozambique National Resistance (MNR) announced in a communique issued in Maputo that it would not participate in any of the peace agreement committees until the government resolved all the administrative problems of the MNR in Maputo, challenging recent statements about government expenditure on the MNR administration in Maputo made by the Minister of Construction and Water Joao Salomao.28
The CSE meeting was convened by Mr. Aldo Ajello, Special Representative of the UN Secretary-General and Chairman of the CSE, on Saturday March 6, 1993. The meeting was called to examine the report from the Chairman of the Cease-Fire Commission on an alleged cease-fire violation that the Mozambican government had reported. The Mozambique National Resistance (MNR) did not attend the meeting, which was deplored by the Commission chair.29
For three months, the CSE did not operate. The proceedings of the CSE resumed on June 3, 1993. The Mozambican government team was led by Mineral Resources Minister John Kachamila; Raul Domingos led the Mozambique National Resistance team to the CSC.30
- “Other Southern African Reports; Mozambique: Commission Proposes Immediate Occupation of Assembly Points,” BBC Summary of World Broadcasts, January 25, 1993.
- “Mozambique: MNR Stops Participation in Peace Committees until Problems Resolved,” BBC Summary of World Broadcasts/The Monitoring Report (ME/1636 B/8), March 16, 1993.
- “Mozambique: UN Explains and ‘Deplores’ MNR’s Absence from Meeting,” BBC Summary of World Broadcasts, March 10, 1993.
- “Mozambique: Peace Accord Commission Resumes Work,” BBC Summary of World Broadcasts/The Monitoring Report, June 4, 1993.
1994
With the successful holding of elections in October 1994 and the departure of the UN Mission in Mozambique, the Supervision and Control Commission completed its task of monitoring the peace process and resolving any differences that arose during the peace process.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.VI(i)
2. Cease-fire Commission
(a) On E-Day, the cease-fire Commission (CCF) shall be established and begin its functions under the direct supervision of CSC;
(b) CCF shall be composed of representatives of the Government, RENAMO, the invited countries and the United Nations. CCF shall be presided over by the United Nations;
(c) CCF shall be based in Maputo and shall be structured as follows:
– Regional offices (North, Centre and South);
– Offices at the assembly and billeting locations of the two Parties.
(d) CCF shall have, inter alia, the function of implementing the demobilisation process, with the following tasks:
– Planning and organization;
– Regulation of procedures;
– Direction and supervision;
– Registration of troops to be demobilised and issue of the respective identity cards;
– Collection, registration and custody of weapons, ammunition, explosives, equipment, uniforms and documentation; destroying or deciding on the other disposition of weapons, ammunition, explosives, equipment, uniforms and documentation as agreed by the Parties;
– Medical examinations;
– Issue of demobilisation certificates.
(e) The United Nations shall assist in the implementation, verification and monitoring of the entire demobilisation process.
Protocol V.II. Commission to supervise the cease-fire and monitor respect for and implementation of the agreements between the Parties within the framework of these negotiations: its composition and powers:
1. Pursuant to Protocol I, the Supervisory and Monitoring Commission (CSC) is established, which shall begin operating upon appointment of its Chairman by the Secretary-General of the United Nations.
2. This Commission shall be composed of representatives of the Government, RENAMO, the United Nations, OAU and the countries to be agreed upon by the Parties. The Commission shall be chaired by the United Nations and shall be based at Maputo.
3. The decisions of CSC shall be taken by consensus between the two Parties
4. CSC shall draw up its own Rules of Procedure and may whenever it sees fit establish sub-commissions additional to those provided for in paragraph II.7 of the present Protocol.
5. CSC shall in particular:
(a) Guarantee the implementation of the provisions contained in the General Peace Agreement;
(b) Guarantee respect for the timetable specified for the ceasefire and the holding of the elections;
(c) Assume responsibility for the authentic interpretation of the agreements;
(d) Settle any disputes that may arise between the Parties;
(e) Guide and co-ordinate the activities of the subsidiary commissions referred to in paragraph II.7 of this Protocol.
6. CSC shall cease to function when the new Government takes office.
7. CSC shall have under it the following Commissions:
(a) The Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) Its powers shall be those specified in Protocol IV, paragraph I (iii) on the formation of the Mozambican Defence Force. CCFADM shall be composed of representatives of the Parties and of the Governments selected by the Parties before the signing of the General Peace Agreement to provide assistance in the process of formation of the FADM in conformity with the provisions of Protocol IV, section I;
(b) The ceasefire Commission (CCF) Its composition and powers shall be those indicated in Protocol IV, section VI and Protocol VI, section I;
(c) Reintegration Commission (CORE) Its composition and powers shall be those specified in Protocol IV, section VI.
Military Reform
1992
The Supervision and Control Commission (CSC) of the Mozambique General Peace Accord (GPA) held its first meeting in the hall of the Maputo Executive Council on Nov. 4, 1992 under the guidance of Aldo Ajello, the UN Secretary-General’s interim representative in Mozambique. The meeting established working procedures for the Joint Commission for the Formation of the Mozambique Defence Armed Forces (CCFADM).31 The Joint Commission for the Formation of the Mozambique Defence Armed Forces would be headed by army commander Tobias Dai for the government, and Mateus Ngonyamo for the Mozambique National Resistance.
The military reform was one of the most extensively developed parts of the 1992 GPA, providing for the demobilization, disarmament, and reintegration plan (DDR). Along with the DDR, the Armed Defense Force of Mozambique (FADM) was established. Yet, finding volunteers to join the army proved difficult. While the GPA agreement recommended 30,000 for the FADM, the actual number of volunteers at the time of the general election was only around one third of that number.
- “Mozambique: First Meeting of Peace Agreement Supervision and Control Commission,” BBC Summary of World Broadcasts, November 6, 1992.
1993
The Portuguese government was willing to take part in the training of the future united Mozambican Armed Forces.32 The Portuguese government had allocated 460,000 Portuguese contos towards the formation of the Mozambique Defence Armed Forces. The fund was to pay for the planned operations to be carried out within the framework of the single army, notably for the renovation of the Nacala and Catembe barracks in Nampula Province and Maputo Province, respectively, where Mozambican special forces would be trained. Nogueira, the visiting Portuguese Defense Minister, said that in 1993 alone, Portugal would contribute about 900,000 Portuguese contos.33
“The Joint Commission for the Formation of the Mozambique Defence Armed Forces (CCFADM), established following the October 1992 peace treaty, reached agreement on Aug. 14 on the formation of the future Mozambique Defence Armed Forces (FADM). The documents, signed by senior officers from the government and from the Mozambique National Resistance (MNR or RENAMO), related to the timetable for the formation of the FADM, the structure of its supreme command, and guidelines on the selection of personnel to receive training at the Nyanga Military Training Centre in Zimbabwe. These guidelines were employed immediately to select 100 officers, 50 from each side, who began a 16-week course at Nyanga on Aug. 17. At the end of the course they would be required to train FADM infantry battalions. A further 540 soldiers were expected to attend the course.”.34
- “Mozambique: Portuguese Official Says Portugal to Help With Army Training and Peace-Keeping,” BBC Summary of World Broadcasts, March 5, 1993.
- “Mozambique: Visiting Portuguese Defence Minister on Aid for National Army,” BBC Summary of World Broadcasts, July 14, 1993.
- “Progress in formation of unified army,” Keesing’s Record of World Events
(Volume 39), August 1993, 39585.
1994
“On Aug. 24 President Joaquim Chissano, who had himself been demobilized as a general in the FPLM on Aug. 12, reported that the new FADM would have only 11,000 of its intended 30,000 members operational by the elections in October.”35
On December 20, 1994 it was reported by the Mozambique Information Agency (AIM) that the new Mozambique Defence Armed Forces (FADM) had trampled on the existing laws of the country and the constitution of the republic by establishing a new military judicial system.
A source cited by AIM said that the new system was a copy of the military judicial structures in force in Portugal. The new system consisted of a Supreme Military Tribunal, to which three regional military tribunals were seconded. The regional tribunals were based in Maputo, Beira, and Nampula and served southern, central, and northern Mozambique.36
However, Supreme Court Deputy Chairman Norberto Carrilho had described the system as being in serious violation of the constitution and existing laws. The senior Supreme Court official had warned that a declaration that the system was unconstitutional might be approved unless its authors revoked it.37
- “Formation of new army,” Keesing’s Record of World Events (Volume 40), August 1994, 40127.
- “Mozambique: Agency Reports New Military Judicial System Established,” BBC Summary of World Broadcasts, December 21, 1994.
- “Mozambique: Supreme Court Official Describes Military Court System as ‘Unconstitutional’,” BBC Summary of World Broadcasts, December 29, 1994.
1995
Mozambique Defence Armed Forces soldiers staged a mutiny at the Military Hospital area in Maputo on 16 March 1995. Joaquim Chissano, President of the Republic and Chief in Command of the FADM, said he did not think that the mutinies staged by soldiers in different parts of the country were politically motivated but due to a lack of civic education, which would be reintroduced into the military. He proposed to eliminate the joint command and create a direct command, resume civic education programs in the FADM forces, and adopt more sound disciplinary measures which would correspond with what is required of an army. He intended to do this without creating panic, since the new military was made up of two groups of armed forces which had previously fought each other.38
- “Mozambique: Chissano on Changes to Armed Forces, Need for ‘Civic Education’,” BBC Summary of World Broadcasts, March 22, 1995.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.I. Formation of the Mozambican Defence Force
i. General principles
1. The Mozambican Defence Force (FADM) shall be formed for service throughout the national territory.
2. The FADM:
(a) Has as its general purpose the defence and safeguarding of the country’s sovereignty, independence and territory. During the period between the cease-fire and the time when the new Government takes office, the FADM may, under the FADM High Command, act in cooperation with the Police Command to protect civilian inhabitants against crime and violence of all kinds. Additional functions of the FADM shall be to provide assistance in crisis or emergency situations arising in the country as a result of natural disasters and to provide support for reconstruction and development efforts;
(b) Shall be non-partisan, career, professionally trained, and competent; it shall be made up exclusively of Mozambican citizens who are volunteers and are drawn from the forces of both Parties. It shall serve the country with professionalism and respect the democratic order and the rule of law. The composition of the FADM should preclude all forms of racial or ethnic discrimination or discrimination based on language or religious affiliation;
3. The process of forming the FADM shall begin after the entry into force of the cease-fire immediately following the inauguration of the Commission provided for in Protocol I of 18 October 1991, to be called the Supervisory and Monitoring Commission (CSC). This process shall be completed prior to the commencement of the election campaign;
4. The process of forming the FADM shall be conducted simultaneously with the concentration, disarmament and integration into civilian life of the personnel demobilised in stages as a result of the ceasefire. The Government and RENAMO shall be responsible for contributing units drawn from the existing forces of each side; this process shall proceed until the new units of the FADM have been formed, with all existing units being demobilised when the FADM has reached full strength.
5. The neutrality of the FADM during the period between the cease-fire and the time when the new Government takes office shall be guaranteed by the Parties through the Commission referred to in section I.iii.1.a of this Protocol.
6. By the time of the elections, only the FADM shall exist and shall have the structure agreed upon between the Parties; no other forces may remain in existence. All elements of the existing armed forces of the two Parties which are not incorporated into the FADM shall be demobilised during the period envisaged in section VI.i.3 of this Protocol.
ii. Personnel
1. The Parties agree that the troop strength of the FADM up until the time when the new Government takes office shall be as follows:
(a) Army: 24,000
(b) Air Force: 4,000
(c) Navy: 2,000
2. The personnel of the FADM in each of the service branches shall be provided by the FAM and the forces of RENAMO, each side contributing 50 per cent.
iii. FADM command structures 1/
1. The parties agree to establish a Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) on the following basis:
a) CCFADM shall have specific responsibility for overseeing the process of forming the FADM and shall operate under the authority of CSC;
(b) CCFADM is the body responsible for the formation of the FADM until the time when the new Government takes office. FADM shall be headed by a High Command (CS), which shall be subordinate to CCFADM. After the new Government takes office, the FADM shall be placed under the authority of the new Ministry of Defence or any other body which the new Government may establish;
(c) CCFADM shall be composed of representatives of the FAM and the RENAMO forces as members, who shall be assisted by representatives of the countries selected by the Parties to advise in the process of forming the FADM. CCFADM shall be inaugurated on the date of the entry into force of the ceasefire (E-Day);
(d) CCFADM shall draw up directives on the phasing of the establishment of the FADM structures and shall propose to CSC:
– The rules governing the FADM;
– The budget to be provided for the FADM until the new Government takes office;
– The criteria for selection and the selection of FAM personnel and RENAMO forces for the formation of the FADM;
– The names of the commanding officers of the main commands.
2. FADM High Command
(a) The general mission of CS shall be to act on the directives issued by CCFADM, taking into account the establishment of the FADM structures and support for the FADM;
(b) Until the new Government takes office, the command of FADM shall be exercised by two general officers of equal rank, appointed by each of the Parties. Decisions of the command shall be valid only when signed by these two general officers;
(c) The FADM command structure shall be strictly non-political and shall receive directives and orders only through the appropriate chain of command;
(d) The FADM shall have a single logistics service for all three branches. To that end, a Logistics and Infrastructure Command shall be established under the authority of the FADM High Command;
(e) Appointments to the FADM High Command and the commands of the three branches of the FADM and the Logistics Command shall be proposed by CCFADM and approved by CSC;
(f) Until the new Government takes office, the FADM High Command shall be assisted by the General Staff, with departments headed by general officers or senior officers proposed by CCFADM and approved by CSC.
3. Command of the Army, Air Force and Navy and the Logistics Command:
The FADM High Command shall have authority over the Commands of the three service branches (Army, Air Force and Navy) and the Logistics Command, which shall be organized as follows:
(a) Army Command
1. The structure of the Army Command shall encompass the military regions under the direct authority of the Army Commander, whose functions are to be determined but which may include the organization and preparation of forces, training, justice, discipline and logistic support to assigned forces.
2. Each military region shall have a commanding officer holding the rank of general, who shall be assisted by a deputy commander.
3. The headquarters of the military regions shall be proposed by the Commander of the Army and approved by CS.
(b) Air Force Command
The Air Force shall be formed having regard to the training and skills of the personnel of the existing Air Force and the existing RENAMO forces, in accordance with the provisions of the directives issued by CCFADM.
(c) Navy Command
The Navy shall be formed having regard to the training and skills of the personnel of the existing Navy and the RENAMO forces, in accordance with the provisions of the directives issued by CCFADM.
(d) Logistics and Infrastructure Command
1. A Logistics and Infrastructure Command shall be set up under the direct authority of the FADM High Command.
2. The Logistics and Infrastructure Command shall have the overall mission of planning and providing administrative and logistic support for the FADM (Army, Air Force and Navy) and ensuring delivery of such support through the FADM General Services. It shall, in particular, be responsible for production and procurement logistics.
3. The Logistics and Infrastructure Command shall be headed by a general, assisted by a deputy commander and a general staff which shall, initially, include the following sections:
– Infrastructure;
– General services;
– Equipment;
– Finance.
4. The Logistics and Infrastructure Command shall have authority over such support units as may be assigned to it.
iv. Timetable for the process
(a) The formation of the FADM shall commence with the appointment of the following:
– CCFADM, prior to the entry into force of the cease-fire (E-Day);
– The FADM High Command on E-Day + 1;
– The commanders of the three service branches and the logistics command;
– The commanders of the military regions;
– The unit commanders.
(b) General staffs shall be organized immediately following the appointment of each command.
(c) The system of administrative and logistics support shall be organized taking into account the new size of the FADM, in accordance with the principle of utilizing or transforming existing structures on the basis of the plans of the FADM High Command, as approved by CCFADM.
v. Technical assistance of foreign countries
The parties shall inform the mediators within 7 (seven) days after the signing of the cease-fire protocol the countries which are to be invited to provide assistance in the process of forming the FADM.
Police Reform
1992
“The Police of the Republic of Mozambique (PRM) was created on 31 December 1992 by Law 19/92, to replace the existing Mozambique People’s Police (PPM). The General Peace Agreement (Protocol IV, Section IV) also established clear objectives relating to the depoliticization and restructuring of the police force.”39
The CNI, established under the terms of the peace accord, had been assigned the task of verifying that the State Information and Security Service did not violate the law during the transition period.40
- Mark Malan, “Peacebuilding in Southern Africa: Police Reform in Mozambique and South Africa,” International Peacekeeping 6, no. 4 (1999): 172.
- “Mozambique: President Meets Body Charged with Overseeing Security Service During Transition,” BBC Summary of World Broadcasts, January 8, 1993.
1993
In an interview with Radio Mozambique on 11 February 1993, Aldo Ajello, Special Representative of the UN Secretary-General in Mozambique, said the National Information Commission and the National Commission for Police Affairs, two commissions established within the framework of the general peace accord, had not begun operating because the MNR (RENAMO) had not yet named its representatives, even though there were MNR accusations that the government had integrated approximately 15,000 soldiers and 3,000 employees of the State Information and Security Service into the police force.41 In an interview, the Special Representative reported that President Chissano already had the names on the government side, the names of the nine people who would be appointed after consultation with the other parties, and he was still waiting for a designation from MNR.
On 21 June 1993, two presidential decrees established the National Information Commission (COMINFO) and the National Commission for Police Affairs (COMPOL), both of which were called for in the General Peace Accord (GPA). Each commission consisted of 21 members. COMINFO was charged with the task of verifying that the State Information and Security Service (SISE) did not violate the law or citizens’ political rights. COMPOL was assigned the task of verifying that the police did not violate the law or citizens’ political rights. The two presidential decrees stated that COMPOL and COMINFO members would be sworn in by the President of the Republic and would operate from the day they were sworn in.42
(Comments from External Reviewer: “While COMINFO and COMPOL were created, they were established late and were far less functional than the other peace commissions. Most importantly, the failure to deal decisively with the question of Dhlakama’s personal security detail has resulted in ongoing disagreements between RENAMO and the government, including government raids on houses in Beira where these armed bodyguards stay, the ongoing presence (for several years after the first elections) of armed men in Maringue that Dhlakama claimed were members of his security detail awaiting integration into one or another police force, etc. So while there has been “relative peace and security in society,” police behavior has continued to be a bone of contention between the two former belligerents and indeed the behavior of the police in some districts has been pretty reprehensible, both toward ordinary citizens and toward the political opposition.
“Wherever it could, the government sought to stall the work of commissions that dealt with issues it felt were properly the domain of government and not of a bilateral peace commission. In other words, the FRELIMO government went through the motions on the commissions related to security reform and territorial reintegration with the hope that once the transitional elections were over, the government (FRELIMO, confident that it would be in government) would be able to resolve these matters as it saw fit. This is important because it was not as if all provisions of the peace agreement were uniformly and comprehensively implemented, yet the outcome was still durable peace and some degree of democratic politics.”)
- “Mozambique: Some UN Military Observers Arrive: Interview with UN’s Ajello on Commissions,” BBC Summary of World Broadcasts, February 13, 1993.
- “Mozambique: Presidential Decree Establishes Two Commissions on Citizens’ Rights,” BBC Summary of World Broadcasts, June 23, 1993.
1994
“In his 28 January 1994 report, the Secretary-General also stated that recent political developments in Mozambique had evolved in such a way as to allow an increasing shift of focus from monitoring ceasefire arrangements to general verification of police activities in the country and the respect of civil rights. Therefore, the Secretary-General, in an addendum to his report, recommended the establishment of a 1,114-strong ONUMOZ Civilian Police Component – inclusive of the 128 already authorized by the Council.”43 On 23 February 1994, the Security Council, by its resolution 898 (1994), authorized the establishment of the police component, as recommended by the Secretary-General.
The ONUMOZ Civilian Police Component (CIVPOL) was mandated to monitor all police activities in the country and verify that their actions were consistent with the General Peace Agreement: to monitor respect of citizens’ rights and civil liberties; provide technical support to the National Police Commission; verify that the activities of private protection and security agencies did not violate the General Peace Agreement; verify the strength and location of the government police forces and their materiel; and monitor and verify the process of the reorganization and retraining of the quick-reaction police force, including its activities, weapons, and equipment. In addition, CIVPOL, together with other ONUMOZ components, monitored the proper conduct of the electoral campaign and verified that political rights of individuals, groups, and political organizations were respected.
CIVPOL was established in strategic locations. By mid-March 1994, CIVPOL had been established in the central headquarters and regional and provincial capitals. In the second phase, 70% of CIVPOL posts and locations began operating in the months from April to June, which coincided with the voter registration process. The remainder of the components deployed before the beginning of the electoral campaign, which began on 1 September 1994.3
In January 1994, shortly after the first phase of CIVPOL operations had been initiated, the Mozambican police numbered 18,047, with the command structure of national headquarters in Maputo, 11 provincial headquarters, and over 200 stations and posts in the districts. There was also a quick-reaction police force numbering several thousand, as well as various private security companies and agencies. Also, CIVPOL was mandated to oversee police neutrality during the peace process. Its mandate did not include training or technical assistance to the local police force.44 CIVPOL had a positive impact on curbing human rights abuses in the remote parts of the country. Once CIVPOL was concluded after the election period, allegations of human rights abuses increased.
- “Mozambique — ONUMOZ Background,” United Nations Operation in Mozambique (ONUMOZ), accessed September 13, 2010, http://www.un.org/en/peacekeeping/missions/past/onumozFT.htm
- Mark Malan, “Peacebuilding in Southern Africa: Police Reform in Mozambique and South Africa,” International Peacekeeping 6, no. 4 (1999): 171-190.
1995
“After the elections and the termination of ONUMOZ, a UNDP-financed mission of officers from the Spanish Guardia Civil went to Mozambique during March-April 1995 to carry out an in-depth study of the needs and type of support required by the Police of the Republic of Mozambique (PRM) in order to do its job effectively and appropriately. This mission found that a broad and intensive programme of education and training was needed, as well as a fundamental structural reorganization of the PRM – complemented of course, by the requisite investments in equipment and infrastructure. Importantly, the PRM had itself recognized that it had not been effective, attributing poor performance to factors such as inadequate command and control.”45
1996
Although the Police of the Republic of Mozambique was established immediately after the signing of the General Peace Agreement and COMPOL and COMINFO were established to oversee and verify that the police did not violate human rights, it was alleged that the Mozambican police force had been taken over by organized crime.46
1997
“On 27 June 1997, an agreement between the Government of Mozambique and the UN Development Programme (UNDP) was signed on a comprehensive project to assist and strengthen the PRM, through the retraining of existing staff and the training of new recruits, as well as through the reinforcement of management capacities. Spain and the Netherlands are the principal backers of the UNDP project, with Spain committing $US 8 million over a seven-year period and guaranteeing $3 million worth of in-kind training and advisory assistance from the Guardia Civil. The government of the Netherlands has earmarked a further $6 million for the project. The total cash value of the UNDP project ($11,228,224) compares very favourably with the cost of the two-year ONUMOZ CIVPOL mission, which is estimated at $30,199,824.”45
1998
There were still many human rights abuses by police, who were also found to be involved in corruption. Nevertheless, the reform programs had some positive impact on the organizational capacity of the PRM. The PRM expelled 322 policemen from its ranks for ‘incorrect behavior’ between November 1997 and November 1998. The General Commander of the PRM was able to report the following police successes over the same one-year period:
· 22,942 registered crimes, down from the 23,528 the previous year.
· The dismantling of 152 ‘criminal gangs’ (including livestock rustlers, armed robbers and drug dealers) and confiscation from gang members of 185 pistols and 274 kg of narcotics.
· The discovery of 52 arms caches, resulting in the destruction of 1,107 firearms (including 504 AK-47 rifles), 33 mortars, 43 rocket-propelled grenade launchers and 320 grenades, 95 landmines, 202 hand grenades, and over 50,000 rounds of ammunition.47
1999
The Police of the Republic of Mozambique was established immediately after the signing of the General Peace Agreement in 1992. COMPOL and COMINFO were established in 1993 to oversee and verify that the police did not violate human rights. In the subsequent years, the organization went through substantial reform with training designed to respect human rights. It managed to achieve a level of trust and relative security in society.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.V. Depoliticisation and restructuring of the police forces:
1. During the period between the entry into force of the ceasefire and the assumption of power by the new Government, the Police of the Republic of Mozambique (PRM) shall continue to perform its functions under the responsibility of the Government.
2. The Police of the Republic of Mozambique shall:
(a) perform its duties and functions strictly in accordance with the spirit and the letter of internationally recognized democratic principles;
(b) respect the civil and political rights of citizens, as well as the internationally recognized human rights and fundamental freedoms;
(c) be guided in the performance of its functions by the interests of the State and common welfare, in a manner free from any partisan or ideological considerations or regard for social standing and from any other form of discrimination;
(d) act at all times in conformity with the terms and spirit of the General Peace Agreement;
(e) act at all times with impartiality and independence vis-a-vis all political parties.
3. The PRM shall be composed of citizens selected on the basis of criteria that are in conformity with the principles specified above.
4. The basic tasks of the PRM shall be:
(a) to ensure respect for and defence of the law;
(b) to maintain public order and tranquillity and to prevent and suppress crime;
(c) to guarantee the existence of a climate of social stability and harmony.
5. (a) The measures taken by the PRM, as well as all actions of its agents, shall at all times be governed by the law and the legislative provisions in force in the Republic of Mozambique and by the principles agreed upon in the General Peace Agreement;
(b) The activities and prerogatives of the PRM shall be exercised within the limits authorised by the juridical order, but with strict respect for the principles of the State ruled by law and for human rights and fundamental freedoms. These activities may not be directed towards limiting the exercise of the democratic rights of citizens or favouring any political party.
6. The Commander and Deputy Commander of the PRM shall be appointed by the President of the Republic of Mozambique.
7. (a) For purposes of verifying that the actions of the PRM do not violate the legal order or result in violation of the political rights of citizens, a National Police Affairs Commission (COMPOL) shall be established;
(b) COMPOL shall be composed of 21 members whose professional and personal qualities and past record afford guarantees of balance, effectiveness and independence vis-ˆ-vis all political parties;
(c) COMPOL shall be established by the President of the Republic of Mozambique within 15 days following the entry into force of the General Peace Agreement and shall be composed of six citizens nominated by RENAMO, six nominated by the Government, and nine selected as a result of consultations to be held by the President of the Republic with the political forces in the country from among citizens meeting the requirements specified in subparagraph (b);
(d) COMPOL shall have full powers to investigate any matter relating to the activity of PRM that is held to be contrary to the legal order and to the principles specified in paragraphs 1, 2, 4 and 5. On being apprised of a matter, the Commission shall conduct a preliminary internal analysis in order to determine whether it falls within the sphere of police activities. The Commission shall decide to proceed with the investigations if more than half of its members so agree;
(e) COMPOL shall submit systematic reports on its activities to CSC;
(f) COMPOL shall inform the competent State authorities of any irregularities detected, in order that they may take the appropriate judicial or disciplinary measures.
Demobilization
1992
Under the General Peace Agreement (GPA), the demobilization and reintegration of the 75,000-strong government army and the 20,000 rebels was to take place. A new army of 30,000 men was to be created in their place, with fighters drawn equally from each side.
Under the plan, both armies — that of the Mozambique Liberation Front (FRELIMO) government and of Mr. Dhlakama’s Mozambique National Resistance Movement (RENAMO) — had undertaken to finish their demobilization within six months. A general election was to follow six months after that. All troops were supposed to gather at assembly points by November 15th. So far, there had not been much evidence of movement. But Mr. Ajello, UN’s special envoy, promised that, if demobilization was delayed, the election would have to wait as well. “We would not vote with arms,” he declared.48
To not repeat the mistake made in Angola, the UN outlined proposals that would deploy troops to ensure the demobilization of RENAMO rebels and government forces, and stated there would be no election before this is done. Unlike in Angola, in Mozambique the UN would supervise the organizing of elections, closing the door to ballot-rigging charges. “Less than half UNITA’s troops reported to demobilisation camps and most were never disarmed.”49
- “What Mozambique Can Learn,” The Economist, November 7, 1992, 74.
- “Angola Teaches Lesson to UN,” The Guardian (London), December 11, 1992.
1993
By January 1993, the UN mission in Mozambique identified 49 assembly points where soldiers from both sides would be confined, 29 for government troops and 20 for RENAMO. Joint reconnaissance of the first 12 points began on January 15, 1993. The process started in the Province of Maputo in southern Mozambique. According to Mr. Ajello, RENAMO’s president (Afonso Dhlakama) had agreed on four stages for the whole process of confinement to be completed.50
The demobilization process began in the city of Maputo and the town of Boane on April 17, 1993. The United Nations Operation in Mozambique (ONUMOZ) stated that the 16,000 troops that had demobilized during the talks and prior to the signing of the General Peace Accord could still receive demobilization subsidies.51
About 1,000 government soldiers were demobilized in Gaza Province, southern Mozambique, between the 15th and 21st of June, 1993.52
According to UN Special Representative Aldo Ajello, of the 13,991 government soldiers registered for demobilization, 12,337 had already been moved to troop confinement areas.53
The Mozambique National Resistance [RENAMO] had decided to send 50 soldiers to Zimbabwe’s Nyanga military training center on August 2nd so they could be trained as instructors in Mozambique’s future unified army.54
The MNR delayed in the demobilization of its armed forces and continued to make demands. The MNR leader, Afonso Dhlakama, demanded that at least half of the provincial governor posts belong to the MNR. Only after the question of the administration was resolved would he begin to discuss the confinement of his troops.55
Starting August 25, 1993, five days of talks between Mozambican President Joaquim Chissano and former rebel leader Gen. Afonso Dhlakama took place, which raised hopes of reviving the ailing United Nations-monitored peace process, leading to Mozambique’s first democratic ballot in October of the next year.
The first face-to-face talks between the two leaders on Mozambican soil had, in principle, secured agreement to unite the country under a single administration in preparation for the following year’s elections. In the meeting, General Dhlakama, leader of the Mozambican Resistance Movement (RENAMO), had dropped his insistence on the appointment of five RENAMO governors. He would settle instead for written assurances that the governors of all 10 provinces would ensure equal treatment of people living in RENAMO-controlled areas.56
On August 14, 1993, the UN Security Council unanimously adopted a resolution on the Mozambican peace process which urged the Mozambique National Resistance [RENAMO] and other opposition parties to reduce disputes concerning the Draft Electoral Law, notably with regard to the composition of the National Elections Commission, so as to allow elections to take place the following year. The UN Security Council resolution also called on RENAMO and the government to go ahead with the troop confinement and demobilization processes.
On Sept. 17, 1993, Dhlakama, the leader of RENAMO, demanded disbandment of private armed groups as a condition for the demobilization of RENAMO armed forces.57
On 25 September 1993, RENAMO made a decision that it would participate in the October 1993 elections, without full demobilization of the two armed forces.58 President Joaquim Chissano rejected the RENAMO decision as it was unacceptable to hold elections while the Mozambique National Resistance [MNR, RENAMO] forces remained in bases and barracks.59
The World Health Organization (WHO) was studying ways to secure an additional 3.5 million dollars to finance the second stage of its operation in Mozambique within the framework of demobilizing government and Mozambique National Resistance [MNR – RENAMO] troops. The second stage of that operation was aimed at ensuring that rural health units were run correctly, a determining factor in the process for demobilized soldiers to reintegrate into society and to return to their normal lives. The third stage of the WHO operation in Mozambique was said to include the reconstruction of more than 600 health units destroyed by the war.60
On 20 October 1993, RENAMO and FRELIMO leaders reached an agreement on an election timetable leading to the elections in October 1994. After the definitive election timetable, RENAMO leader Dhlakama, in a news conference, said that the most important issues – namely, the immediate approval of the electoral law, the confinement and demobilization of the troops, and the formation of a single army – were no longer a problem.61 On October 22, 1993, the Supervision and Control Commission [CSC] of the General Peace Accord approved a new timetable for the country’s peace process, thereby giving it a new impetus. According to the approved timetable, the first free multiparty elections in Mozambique would take place in October 1994. The demobilization of troops would take place from January to May and the formation of a new army would be concluded in August. The army was to be operational in September 1994.62
During the debate on the draft electoral law, RENAMO demanded the presence of UN observers at 11 provincial and 158 district commissions. The Mozambican government accepted the demand.63
On November 11, 1993, the Mozambican government and the Mozambique National Resistance [MNR – RENAMO] signed a document on troop demobilization at a Cease-Fire Commission meeting in Maputo.64
Reports from Maputo said that the first 550 instructors of the new Mozambican army were to complete their training at the Zimbabwean military base at Nyanga within two weeks. The instructors comprised an equal number of RENAMO and government soldiers, and would be in charge of integrating Mozambican government soldiers and RENAMO fighters into a united national army. The reports said that government and RENAMO officers would leave Maputo for the United States the next day to attend seminars on the demobilization of military personnel and their integration into civilian life.65
As of 15 December 1993, 5,063 government soldiers had presented themselves in assembly points (all over) the country, with the exception of Manica Province. According to the UNOMOZ Technical Demobilization Unit, as of 12 December 1993, 3,318 government soldiers had been registered at troop confinement points and 671 RENAMO soldiers had presented themselves at three assembly points in Nampula, Zambezia and Niassa Provinces; 570 of which had been registered. No RENAMO soldiers had presented themselves at assembly points in central and southern Mozambique.66
On 15 December 1993, a group of government soldiers abandoned the Namialo troop confinement center in Nampula Province and occupied a Mozambique Railroad station, thereby preventing train traffic between the cities of Nampula and Nacala. These soldiers demanded the payment of the demobilization subsidy.67
Only about 15% of troops from the government and the Mozambique National Resistance [RENAMO] had been confined when less than one week remained for the conclusion of the troops’ confinement process, according to the peace accord timetable. A report issued by the UN Operations Technical Demobilization Unit revealed that of the 90,000 men to be confined by the end of this month, only about 12,000 had already presented themselves at confinement centers. Of this number, more than 8,000 belonged to the government and about 4,000 belonged to RENAMO. This means that the government had so far confined 13% of its troops, while RENAMO had confined about 19%.68
On 28 December 1993, government, RENAMO, and UN officials discussed assembly points and training for the new army, including the reintegration of demobilized soldiers. On reintegration, the Mozambican Minister said, “the reintegration of demobilized soldiers was a problem that would be resolved with the assistance of the international community. We had had many meetings, including an important one within the context of the World Bank’s Consultative Group that had met in Paris to see how those soldiers could receive financial assistance greater than that stipulated in the General Peace Accord. This is an important step being taken by the international community and the UN Office for Humanitarian Assistance Coordination.” The Minister suggested providing, with the backing of the international community, more financial assistance as well as more aid to integrate demobilized soldiers into Mozambique’s productive life and civilian life.69
On 29 December 1993, RENAMO withdrew its troops from the Savane region in the Sofala Province that it had occupied shortly after the signing of the Rome peace accord in October 1992. RENAMO announced the planned withdrawal from the Savane region and a withdrawal from Dunda and Salamanga at a meeting of the joint peace agreement supervisory commission in Maputo on October 28, 1993.70 The occupation of the territory was in violation of the peace agreement.
- “Mozambique: UN Representative Says Process to Confine Troops Has Started,” BBC Summary of World Broadcasts, January 16, 1993.
- “Mozambique: Demobilisation to Begin in Maputo,” BBC Summary of World Broadcasts, April 17, 1993.
- “Mozambique: 1,000 Government Troops Demobilised in Gaza Province,” BBC Summary of World Broadcasts, June 25, 1993.
- “Mozambique: UN Representative Ajello on Progress in Peace Process,” BBC Summary of World Broadcasts, July 19, 1993.
- “Mozambique: Fifty MNR Soldiers to be Trained as Instructors in Unified Army,” BBC Summary of World Broadcasts, July 31, 1993.
- “Mozambique: MNR Demands Half of Provincial Governorships Before Troop Confinement,” BBC Summary of World Broadcasts, August 5, 1993.
- “Talks in Mozambique Solidify Peace Accord,” Christian Science Monitor (Boston, MA), August 31, 1993.
- “Dhlakama Calls for Disbandment of Private Armed Groups,” BBC Summary of World Broadcasts, September 17, 1993.
- “MNR Is Ready To Take Part in Elections Without Demobilization of the Two Armies,” BBC Summary of World Broadcasts, September 27, 1993.
- “Chissano Reportedly Says that the MNR is Following Example Set by UNITA,” BBC Summary of World Broadcasts, September 28, 1993.
- “WHO to Finance Second Stage of Troop Demobilization,” BBC Summary of World Broadcasts, October 15, 1993.
- “Butrus Ghali Meets Chissano and Dhlakama; Agreement on Election Timetable,” BBC Summary of World Broadcasts, October 22, 1993.
- “Supervision and Control Commission Approves New Timetable for Elections,” BBC Summary of World Broadcasts, October 25, 1993.
- “Government Agrees to MNR Demands on UN Observers at Electoral Commissions,” BBC Summary of World Broadcasts, November 6, 1993.
- “Government and RENAMO Sign Demobilization Agreement,” BBC Summary of World Broadcasts, November 15, 1993.
- “Principles for Future Army Approved; Training of Instructors Near Completion,” BBC Summary of World Broadcasts, November 27, 1993.
- “UNOMOZ Reports 5,063 Government and 671 RENAMO Soldiers in Assembly Points,” BBC Summary of World Broadcasts, December 15, 1993.
- “Government Soldiers Leave Assembly Point Demanding Demobilization Subsidy,” BBC Summary of World Broadcasts, December 17, 1993.
- “Only 15% of Target Number of Troops Confined Days Before Deadline,” BBC Summary of World Broadcasts, December 30, 1993.
- “Government, RENAMO, UN Officials Discuss Assembly Points, Training for New Army,” BBC Summary of World Broadcasts, December 30, 1993.
- “RENAMO Announces Withdrawal from Savane Area, Dunda and Salamanga,” BBC Summary of World Broadcasts, December 31, 1993.
1994
On 7 January 1994, RENAMO set the demobilization of militias and other irregular forces as a condition for the transportation of 50% of the weapons collected at confinement centers to regional depots.71
According to the decision at a meeting of the Supervision and Control Commission [CSC] of the General Peace Accord on 12 February 1994, the demobilization of troops from the government and RENAMO was set to begin on 1 March 1994. It was decided that a total of 5% of troops from both sides would be demobilized in the first phase.72
The demobilization of government and MNR [RENAMO] troops would no longer begin on March 1st as planned. This was because the Finance Ministry had not yet received from both sides the lists of soldiers to be demobilized. The Finance Ministry had the money to begin to pay the six-month subsidy provided by the government and the 18-month subsidy provided by the international community.73 It turned out that demobilization did not take place because RENAMO had not yet delivered to ONUMOZ its lists with the names of men to be demobilized and to join the future national army.
On March 3, 1994, the government was to begin demobilizing its forces from assembly areas at once without waiting from the list from the RENAMO. The government’s decision was designed to speed up the peace process and enable soldiers to leave assembly areas.74 The decision was welcomed by the ONUMOZ chief.
On March 5, 1994, RENAMO president Dhlakama had expressed his readiness to begin demobilizing RENAMO troops, starting the following week.75
On March 9, 1994, ONUMOZ chief said that the RENAMO demobilization would begin March 18th and the demobilization of government troops would begin on March 10th.76
RENAMO began demobilizing its troops stationed at the Neves assembly point, Inhambane Province on March 18, 1994.77
On March 21, 1994, the government selected another 45 soldiers to join the Mozambique Defence Armed Forces (FADM). A total of 1,739 soldiers had joined the unified army by the 21st of March: 1,010 from the government army and 729 from RENAMO. A total of 3,420 soldiers had been demobilized by the 21st of March: 3,320 from the government and 100 from RENAMO.78
On April 12, 1994, ONUMOZ said that the Mozambican government had demobilized 10,615 soldiers as of April 8. RENAMO had only demobilized 365 men since the troop demobilization process began on the 10th of March.79
According to ONUMOZ, slightly more than 333 government soldiers were confined to their assembly areas over the weekend; RENAMO sent 89 soldiers to its assembly areas over the same period. ONUMOZ also reported that RENAMO demobilized 38 soldiers at Neves troop confinement center in Inhambane Province on April 15.80
On April 22, 1994, ONUMOZ chief Dr. Aldo Ajello, at his normal Friday news conference, drew attention to the fact that 55% of government soldiers and 81% of RENAMO soldiers had now been confined in assembly areas. He revealed that 14,306 government soldiers and 561 from RENAMO had been demobilized. The UN Observer Mission to Mozambique Technical Unit for Demobilization had a list of 18,859 government and 1,112 RENAMO troops that were to be demobilized. Aldo Ajello said the process of demobilizing troops was very slow on both sides. RENAMO had to demobilize 4,000 soldiers and the government 60,000.81
On May 5, 1994, the President of the Republic, Joaquim Chissano, announced that the government had decided to temporarily suspend its troop demobilization process. To justify this decision, the Mozambican Head of State said that the RENAMO troop demobilization process had not been balanced. He also noted the need for making technical corrections to the figures and lists that RENAMO had been supplying to the ONUMOZ Technical Unit.82 On May 11, 1994, the government lifted the suspension on demobilization. According to the ONUMOZ Technical Unit, 14,240 government and 1,585 RENAMO troops were demobilized.83
On 18 May 1994, the ONUMOZ chief announced that the government and RENAMO had different dates for a complete troop confinement. The government troops would complete their confinement by July 1 and demobilization would be completed by August 15. In the meantime, the RENAMO troops were expected to be confined and demobilized one month earlier; that is, within the deadline proposed in a UN Security Council resolution.84
By May 30, 1994, the government and RENAMO had demobilized 17,445 and 2,170 troops, respectively. By the same date, both sides had sent 4,696 soldiers to join the new nonpartisan armed forces.85
On June 22, 1994, just over 1,000 commandos near Maputo demanded immediate demobilization and that their salaries, which had been in arrears for 24 months, be paid immediately.86
On 14 June 1994, National Defence Minister Alberto Chipande said in Maputo that the troop demobilization process would be over by August 15.87
On July 27, 1994, the government army looted the local market in protest against non-payment of wages and delays in the demobilization process.88
UN Special Representative Dr. Aldo Ajello said in the Mozambican capital on September 2, 1994 that 70,335 government and Mozambique National Resistance [RENAMO] soldiers had been demobilized so far. The government had demobilized 52,108 men, while RENAMO had demobilized 18,227 soldiers. A total of 4,296 government men and 3,478 RENAMO troops had been drafted into the new army so far. A total of 470 soldiers from both sides had not been allowed to join the new Mozambique Defence Armed Forces (FADM) because of physical problems or because they wore stripes that did not correspond to their actual ranks. Ajello also predicted the new army would have some 12,000 men by October.89
Presidential and legislative elections took place from the 27th to the 29th of October, 1994. Twelve candidates participated in the presidential election and 14 political parties and coalitions in the legislative election. On the eve of the elections, the Resistência Nacional Moçambicana (RENAMO) announced its withdrawal from the poll. Following the intervention of the international community, including a message from the President of the Security Council, the active involvement of the Secretary-General in international efforts, as well as guarantees by ONUMOZ and the international members of the CSC that the electoral process would be closely monitored, RENAMO decided to participate.
On 19 November 1994, the Chairman of the National Elections Commission (NEC) announced the results of the elections. Mr. Chissano, received 2,633,740 votes, amounting to 53.3 per cent of those cast in the presidential election. The leader of RENAMO, Mr. Afonso Macacho Marceta Dhlakama, received 1,666,965 votes, or 33.7 per cent. In the legislative election, FRELIMO received the largest share of the votes with 2,115,793 (44.3 per cent), followed by RENAMO with 1,803,506 votes (37.8 per cent) and the União Democrática (UD) with 245,793 votes (5.2 per cent). Those three parties would have the following share of the new Parliament’s 250 seats: FRELIMO – 129, RENAMO â 109, and UD â 12.90
“A total of 91,691 (67,042 government and 24,649 RENAMO) soldiers had been registered by ONUMOZ. Some 78,078 soldiers (57,540 government and 20,538 RENAMO) were demobilized, while some of the remainder joined the new army.”3
- “RENAMO Calls for Demobilization of Militias and Irregular Forces,” BBC Summary of World Broadcasts, January 10, 1994.
- “Demobilization of Government and RENAMO Troops to Begin on 1st March,” BBC Summary of World Broadcasts, February 14, 1994.
- “Troop Demobilization Will Not Begin on 1st March as Planned,” BBC Summary of World Broadcasts, February 25, 1994.
- “Minister Announces Immediate Unilateral Demobilization of Government Troops,” BBC Summary of World Broadcasts, March 4, 1994.
- “Maputo Radio Cites Dhlakama on Demobilization of RENAMO Troops,” BBC Summary of World Broadcasts, March 8, 1994.
- “UN Official Aldo Ajello Gives Details of Demobilization Timetable,” BBC Summary of World Broadcasts, March 11, 1994.
- “Dhlakama Officiates at Troop Demobilization Ceremony,” BBC Summary of World Broadcasts, March 21, 1994.
- “Figures for Troop Demobilization, Formation of New Army,” BBC Summary of World Broadcasts, March 25, 1994.
- “ONUMOZ Gives Government and RENAMO Demobilization Figures,” BBC Summary of World Broadcasts, April 13, 1994.
- “ONUMOZ Reports Progress in Demobilization Programme,” BBC Summary of World Broadcasts, April 21, 1994.
- “UN’s Ajello to Propose Deadline for Demobilization; Says RENAMO Slower,” BBC Summary of World Broadcasts, April 25, 1994.
- “Chissano Announces Temporary Suspension of Troop Demobilization Process,” BBC Summary of World Broadcasts, May 7, 1994.
- “Government Lifts Its Suspension of Troop Demobilization,” BBC Summary of World Broadcasts, May 14, 1994.
- “Government and RENAMO Confirm Dates for Complete Demobilization,” BBC Summary of World Broadcasts, May 20, 1994.
- “Maputo Radio Cites UN Report of Government, RENAMO Demobilization Statistics,” BBC Summary of World Broadcasts, June 2, 1994.
- “Commandos Mutiny Over Pay and Demobilization Near Maputo,” BBC Summary of World Broadcasts, June 24, 1994.
- “Defence Minister Says Troop Demobilization to End by 15th August,” BBC Summary of World Broadcasts, July 18, 1994.
- “Mozambican Troops Loot Market in Mutiny Over Demobilization,” Deutsche Presse-Agentur, July 27, 1994.
- “UN Envoy Discusses Troop Demobilization, Formation of New Army,” BBC Summary of World Broadcasts, September 2, 1994.
- “Final Report of the Secretary-General on the United Nations Operation in Mozambique (ONUMOZ),” U.N. Security Council (S/1994/1449). December 23, 1994.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.VI. Economic and social reintegration of demobilised soldiers:
(i) Demobilisation
1. Demobilisation of the FAM and the forces of RENAMO means the process whereby, at the decision of the respective Parties, soldiers who on E-Day were members of those forces revert for all purposes to the status of civilians.
2. Cease-fire Commission
(a) On E-Day, the cease-fire Commission (CCF) shall be established and begin its functions under the direct supervision of CSC;
(b) CCF shall be composed of representatives of the Government, RENAMO, the invited countries and the United Nations. CCF shall be presided over by the United Nations;
(c) CCF shall be based in Maputo and shall be structured as follows:
– Regional offices (North, Centre and South);
– Offices at the assembly and billeting locations of the two Parties.
(d) CCF shall have, inter alia, the function of implementing the demobilisation process, with the following tasks:
– Planning and organization;
– Regulation of procedures;
– Direction and supervision;
– Registration of troops to be demobilised and issue of the respective identity cards;
– Collection, registration and custody of weapons, ammunition, explosives, equipment, uniforms and documentation; destroying or deciding on the other disposition of weapons, ammunition, explosives, equipment, uniforms and documentation as agreed by the Parties;
– Medical examinations;
– Issue of demobilisation certificates.
(e) The United Nations shall assist in the implementation, verification and monitoring of the entire demobilisation process.
3. Timetable
E-Day: Installation of CCF and commencement of its functions
E-Day + 30: Definition by both Parties of the troops to be demobilised; activation of demobilisation structures and initiation of the process
E-Day + 60: Demobilisation of at least 20 per cent of the total troops to be demobilised
E-Day + 90: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 120: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 150: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 180: End of demobilisation of the troops to be demobilised.
Disarmament
1992
Weapons collection and destruction was one of the mandates of the United Nations Operation in Mozambique (UNOMOZ), which was established in October 1992. Because the demobilization process had not yet begun in 1992, weapons were not collected and destroyed.
1993
Because demobilization process had not yet begun in 1993, weapons were not collected and destroyed.
1994
“UNOMOZ collected a total of 189,827 weapons, 43,491 of which belonged to paramilitary forces (out of a projected total of 49,806). This was significantly less than the amount of weapons that were known to be in Mozambique. Because of delays in the demobilization process, UNOMOZ was unable to complete the verification of weapons before the expiration of its mandate. Many of the weapons which were collected at the assembly areas were of poor quality, thus suggesting that the better quality weapons remained outside the disarmament process.”91
- “Practitioners’ Questionnaire on Weapons Control, Disarmament, and Demobilization During Peacekeeping Operations,” United Nations Institute for Disarmament Research (UNIDIR), 1995, vii-viii, in Peter Batchelor, Disarmament, Small Arms, and Intra-State Conflict: The Case of Southern Africa (Disarmament and Conflict Resolution Project—Small Arms Management and Peacekeeping in Southern Africa, 1996).
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.I(i):
4. The process of forming the FADM shall be conducted simultaneously with the concentration, disarmament and integration into civilian life of the personnel demobilised in stages as a result of the cease-fire. The Government and RENAMO shall be responsible for contributing units drawn from the existing forces of each side; this process shall proceed until the new units of the FADM have been formed, with all existing units being demobilised when the FADM has reached full strength.
Reintegration
1992
Reintegration of demobilized combatants from both sides was one mandate among many from the United Nations Operation in Mozambique (UNOMOZ), which was established in October 1992. Because the demobilization process did not begin in 1992, the reintegration process also did not begin in 1992.
The Supervisory and Monitoring Commission (CSC), which was to guarantee the implementation of the agreement, assumed its responsibility on 4 Nov. 1992. In its first meeting on 4 November 1992, it appointed the main subsidiary commissions: the Ceasefire Commission (CCF), the Commission for the Reintegration of Demobilized Military Personnel (CORE), as well as the Joint Commission for the Formation of the Mozambican Defence Forces (CCFADM).
1993
On 28 December 1993, officials from the Mozambican government, RENAMO, and the UN discussed assembly points, training for the new army, and the reintegration of demobilized soldiers. On reintegration, the Mozambican Government minister said, “the reintegration of demobilized soldiers was a problem that would be resolved with the assistance of the international community. We had had many meetings, including an important one within the context of the World Bank’s Consultative Group that had met in Paris to see how those soldiers could receive financial assistance greater than that stipulated in the General Peace Accord. This is an important step being taken by the international community and the UN Office for Humanitarian Assistance Coordination” (BBC Summary of World Broadcasts, 1993). The Minister suggested providing, with the backing of the international community, more financial assistance as well as more aid to integrate demobilized soldiers into Mozambique’s productive life and civilian life.69
“With the demobilization process well under way, UNOHAC focused particular attention on its programme for the reintegration of former combatants into civilian life. Through informal tripartite discussions within the Commission for Reintegration, it was to secure agreement on a three-pronged strategy to address the needs of ex-soldiers.”43
1994
Mozambican combatants received six months’ severance pay for demobilization and additional reintegration subsidies, representing a further 18 months’ pay.92
The Reintegration and Support Scheme (RSS) provided a financial subsidy to all ex-combatants. This was set at MT 75,000 (approximately $15) for the lowest ranks and MT 1,270,080 ($130) for the highest-ranking officers, and was disbursed by the United Nations Development Programme (UNDP) on a monthly basis from the many branches of the Banco Popular de Desinvolvimento (BPD) located around the country.93
“In addition, one of the key underlying assumptions of the reintegration programme was the strongly held belief that the average soldier was of peasant origins and, first and foremost, would want to return to the land. In view of this, the decision was taken to provide each former soldier with a ‘kitÕ consisting of a hoe, a bucket and seeds. It was hoped that this would encourage former combatants to return to rural agricultural communities, where there were greater employment opportunities for less skilled ex-soldiers than in the urban and semi-urban areas.”3
“The Occupational Skills Development programme (OSD) provided vocational training to demobilized soldiers and was implemented by the International Labour Organization (ILO). Utilizing established training centres, a curriculum was developed that incorporated 49 courses aimed at producing skilled and semi-skilled graduates.”3
By October 1994, the international humanitarian assistance program had aided the reintegration of some 200,000 former combatants and their dependents. With the demobilization process well under way, UNOHAC focused particular attention on its program for the reintegration of former combatants into civilian life. Through informal tripartite discussions within the Commission for Reintegration, agreement was secured on a three-pronged strategy to address the needs of ex-soldiers.94
An extension of the program was authorized in the form of the Provincial Fund — an approach that dovetailed nicely with the excess financial commitments donated to Mozambique — which was launched in November 1994.
On December 5, 1994, the government disbanded the Reintegration Commission and empowered the Labour Ministry to continue with the reintegration of war-demobilized personnel.95
On 16 December 1994, President Chissano appointed a new cabinet. A Social Reintegration Commission would be created.96
- The United Nations and Mozambique, 1992-1995, Blue Books Series, Volume V (New York: UN Department of Public Information, 1995).
- Chris Alden, “Making Old Soldiers Fade Away: Lessons from the Reintegration of Demobilized Soldiers in Mozambique,” Security Dialogue 33 no. 3 (September 2002): 344.
- “Mozambique — ONUMOZ Background,” United Nations Operation in Mozambique (ONUMOZ), accessed June 4, 2010, http://www.un.org/en/peacekeeping/missions/past/onumozFT.htm.
- “Government to Continue Reintegration Process for RENAMO and Government Troops,” BBC Summary of World Broadcasts, December 8, 1994.
- “President Chissano Appoints New Cabinet,” BBC Summary of World Broadcasts, December 19, 1994.
1995
No developments observed this year.
1996
No developments observed this year.
1997
“By 1997, the project cycle (and funding) of all of these initiatives had come to an end, the subsidies for ex-soldiers had run out, and the implementing agents were conducting their final impact assessments. These found unanimously that former combatants had been fully reintegrated into society, citing as evidence perceptions on the part of both demobilized soldiers. It was reported that the surveys of demobilized soldiers indicated that 85—90% of them felt that they were fully reintegrated into society.97
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.VI Economic and Social Reintegration of demobilised soldiers:
(ii) Reintegration
1. The term “demobilised soldier” means an individual who:
– up until E-Day was a member of the FAM or the RENAMO forces;
– subsequent to E-Day was demobilised at the decision of the relevant command, and handed over the weapons, ammunition, equipment, uniform and documentation in his possession;
– has been registered and has received the relevant identity card;
– has received the demobilisation certificate.
For all purposes, demobilised soldiers of both Parties shall become civilians and shall be accorded equal treatment by the State.
2. Reintegration Commission
(a) A Reintegration Commission (CORE) shall be established. CORE shall operate under the direct authority of CSC and shall initiate its functions on E-Day.
(b) CORE shall be composed of representatives of the Government and RENAMO, representatives of the invited countries, a representative of the United Nations, who shall preside, and representatives of other international organizations;
(c) CORE shall be based at Maputo and shall be structured as follows:
– Regional offices (North, Centre and South);
– Provincial offices in each provincial capital.
(d) The assignment of CORE shall be to effect the economic and social reintegration of demobilised soldiers, and it shall for this purpose conduct the following tasks:
– Planning and organization;
– Regulation of procedures;
– Direction and supervision;
– Monitoring.
3. Resources
The economic and social reintegration of demobilised soldiers (demobilisation allowances, technical and/or vocational training, transport, etc.) will depend on the resources made available within the framework of the Donors Conference as referred to in item 6 of the Agreed Agenda of 28 May 1991.
Prisoner Release
1992
According to the Human Rights Watch Annual Report of 1993, a large number of political prisoners remained detained as of 1992 but were expected to be released following the cease-fire accords, which stipulated that the government and RENAMO release all prisoners.98
Raul Domingos, chief negotiator for the Mozambique National Resistance (MNR — RENAMO), in his interview with Radio Mozambique reporter Emilio Manhique in Maputo on 3 November 1992, stated that RENAMO had no prisoners of war.99
In an interview in Maputo on 17 November 1992, Communications Minister Armando Guebuza alleged that RENAMO was still taking political prisoners. He stated that the government was releasing RENAMO prisoners. Transport Minister said that “It is strange and worrisome, particularly if we take into account a recent media report which said that journalists attempting to visit RENAMO bases could be taken as political prisoners” (BBC Summary of World Broadcasts, 1992).100
- “Mozambique,” Human Rights Watch World Report, 1993, accessed September 13, 2010, http://www.hrw.org/reports/1993/WR93/Afw-06.htm#P289_114819.
- “Mozambique MNR Negotiator Says His Organization is Not Holding Any POWS,” BBC Summary of World Broadcasts, November 5, 1992.
- “Mozambique Report on Interviews With Dhlakama and Transport Minister Guebuza,” BBC Summary of World Broadcasts, November 20, 1992.
1993
According to the U.S. State Department Human Rights Report (1994), “in 1993 there were no reports of detention of prisoners for national security reasons” in Mozambique. However, in 1993 there were charges that RENAMO had tortured apparent defector Tiago Salgado before his death (See section 1.b.), as well as a Nampula police sergeant detained in December after an alleged attempt on the life of Afonso Dhlakama. While similar highly publicized allegations were not known to have been directed at the government in 1993, the suspicion that it too continued to employ torture remained widespread.15“Mozambique Human Rights Practices, 1993,” U.S. Department of State, January 31, 1994, accessed September 13, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_afr…
1994
Justice Minister Ossumane Ali Dauto had said in Maputo that there were no political prisoners in Mozambique. Dauto told newsmen that the fact was known to all Mozambican and international human rights agencies, including Amnesty International and the International Committee of the Red Cross. He said jails were open to [visits by] anyone, including institutions set up within the framework of the General Peace Accord.101
Human Rights Watch as well as the U.S. State Department Human Rights Report of 1994 did not report any political prisoners in Mozambique.
- “Justice Minister Says There Are No Political Prisoners in Mozambique,” BBC Summary of World Broadcasts, October 12, 1994.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol VI.III. Release of prisoners, except for those being held for ordinary crimes:
1. All prisoners who are being held on E-Day, except for those held for ordinary crimes, shall be released by the Parties.
2. The International Committee of the Red Cross, together with the Parties shall agree on the arrangements for and the verification of the prisoner release process referred to in paragraph 1 above.
Paramilitary Groups
1992
The General Peace Agreement (GPA) provided means for RENAMO to change itself into a legitimate political party.102
Following the regulations on political parties enshrined in the GPA and upon its signing, the main military group RENAMO was due to be dismantled and transformed into a political party. Initially, the process of de-mobilization and transformation was slowed down due to lack of qualified cadres for the RENAMO party; and so, the newly created RENAMO party had to recruit new supporters.
There were no “splinter groups” that refused to demobilize. RENAMO remained a unified organization. Leadership apparently chose to retain a small number of men under arms in Maringue at its main base, as a kind of insurance. They were never formally demobilized, and in 1997-98 the PIR moved in to establish government control in the area, though the presence of these armed men had not caused any problems other than suggesting that the state was not in full control of this area.
- Carrie Manning, The Politics of Peace in Mozambique: Post-Conflict Democratization, 1992-2000 (Westport: Praeger Publishers, 2002).
1993
As of 1993, the demobilization of RENAMO and the state’s armed force was still going on. There were no splinter groups or paramilitary organizations.
1994
There were no reports of paramilitary organizations. “A total of 91,691 (67,042 government and 24,649 RENAMO) soldiers had been registered by ONUMOZ. Some 78,078 soldiers (57,540 government and 20,538 RENAMO) were demobilized, while some of the remainder joined the new army” (ONUMOZ, S/1994/1449).103
- “Final Report of the Secretary General on the United Nations Operation in Mozambique (ONUMOZ),” U.N. Security Council (S/1994/1449), December 23, 1994.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.III. Activities of private and irregular armed groups:
1. Except as provided in paragraph 3 below, paramilitary, private and irregular armed groups active on the day of entry into force of the cease-fire shall be disbanded and prohibited from forming new groups of the same kind.
2. CCF shall monitor and verify the disbanding of the private and irregular armed groups and shall collect their weapons and ammunition. CSC shall decide the final disposition of the weapons and ammunition collected.
3. CSC may as a temporary measure organize the continued existence of security organizations for the purpose of ensuring the security of specified public or private infrastructures during the period between the cease-fire and the time when the new Government takes office.
4. These security organizations may be authorised to use weapons in the discharge of their duties. The activities of these organizations shall be monitored by CCF.
Human Rights
1992
According to Human Rights Watch reports on the situation of human rights in Mozambique, Mozambican citizens in the major towns continued to enjoy the freedoms recognized in the 1990 constitution and related legislation. Political parties were able to function. The press law enacted by the government in 1991, which guaranteed freedom of press, had led to a flowering of independent journalism, including candid coverage of the war, famine, corruption, and banditry. However, there had been incidents of harassment and censorship of journalists, and in April a journalist at NotÃcias, Noe Ditimande, was dismissed after criticizing two senior government figures. The government also began to disclose the fate of dissidents detained and executed after independence in 1975. Prison conditions and the rights of detainees had improved in comparison to previous years, but remained well below international standards.98
1993
According to the U.S. State Department Human Rights Report, “the Rome Accord addressed political party registration, organization of the electoral system, the size of the military, political amnesty, and oversight of the state intelligence service. Approximately sixteen unarmed political parties were active in 1993, eleven of which met the registration criteria set by the Government. FRELIMO and the Mozambican National Union (UNAMO) were registered by the end of 1992. The former insurgents, the Mozambican National Resistance (RENAMO), had acquired political party status as a result of the peace accord.” Freedom of assembly, religion, and movement were protected by the constitution as well as the peace agreement.15“Mozambique Human Rights Practices, 1993,” U.S. Department of State, January 31, 1994, accessed September 13, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_afr…
1994
Following decades of war, Mozambique enjoyed in 1994 its second year of peace and a significantly improved human rights situation.15“Mozambique Human Rights Practices, 1994,” U.S. Department of State, January 31, 1995, accessed September 13, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1994_hrp_report/94hrp_report_afr…
1995
“After Mozambique’s first ever multi-party elections in October 1994, human rights practices improved throughout the country. For many observers Mozambique is seen as a success story in Africa with a bloody civil war ended and elections generally considered free and fair. However, significant human rights concerns remain, including restrictions on freedom of movement and expression in some areas controlled by the former rebel Mozambique National Resistance (RENAMO), heavy-handed and intimidatory government policing, and appalling prison conditions.”104
- “Mozambique,” Human Rights Watch World Report, 1996, accessed September 13, 2010, http://www.hrw.org/reports/1996/WR96/Africa-06.htm#P445_101189.
1996
The U.S. State Department Human Rights Report suggested significant improvement in Mozambique’s human rights situation.15“Mozambique Country Report on Human Rights Practices for 1996,” U.S. Department of State, January 30, 1997, accessed September 13, 2010, http://www.state.gov/www/global/human_rights/1996_hrp_report/mozambiq.ht…
1997
The State Department Human Rights Report suggested significant improvement in Mozambique’s human rights situation.105 However, human rights concerns remained, including restrictions on freedom of expression and freedom of movement by the former armed opposition, Mozambique National Resistance (RENAMO), heavy-handed policing, and appalling prison conditions.3
- “Mozambique Country Report on Human Rights Practices for 1997,” U.S. Department of State, January 30, 1998, accessed September 13, 2010, http://www.state.gov/www/global/human_rights/1997_hrp_report/mozambiq.ht… Human rights practices continued to improve in many parts of the country in 1997.15“Mozambique.” Human Rights Watch World Report. 1998, accessed September 13, 2010, http://www.hrw.org/legacy/worldreport/Africa-08.htm#P686_179007..
1998
“Mozambique continued to consolidate peace and reconciliation, five years after the peace accord, with the 1999 presidential and parliamentary elections to be a litmus test of how sustainable the peace was to be. Despite improvements, human rights concerns including heavy-handed policing and the manipulation of the electoral process remained.”106
- “Mozambique,” Human Rights Watch World Report, 1999, accessed September 13, 2010, http://www.hrw.org/legacy/worldreport99/africa/mozambique.html.
1999
Notwithstanding that 1999 was an election year, human rights concerns, including heavy-handed policing and appalling prison conditions, remained a problem, though there were a number of improvements in human rights practices.107
- “Mozambique,” Human Rights Watch World Report, 2000, accessed September 13, 2010, http://www.hrw.org/wr2k/Africa-06.htm#TopOfPage.
2000
“Improvements in the respect for human rights were not as dramatic” according to the Human Rights Watch Report of 2000.108 According to a U.S. State Department Report, “The Government’s human rights record was generally poor. Police continued to commit numerous abuses, including extrajudicial killings, disappearances, excessive use of force, torture, and other abuses. Police officers tortured and beat persons in custody, and abused prostitutes and street children. In September the president of the League of Human Rights (LDH), a local non-governmental organization, noted that the LDH documented an overall decline in the respect of human rights by police forces during the year.”3
- “Mozambique,” Human Rights Watch World Report, 2001, accessed September 13, 2010, http://www.hrw.org/wr2k1/africa/mozambique.html.
2001
According to a U.S. State Department Human Rights Practice Report, “The Government’s human rights record remained poor, and although there were some improvements in a few areas, it continued to commit serious abuses. Police continued to commit numerous abuses, including extrajudicial killings, excessive use of force, torture, and other abuses. Police officers tortured and beat persons in custody, and abused prostitutes and street children. During the year, the president of the League of Human Rights (LDH), a local nongovernmental organization (NGO), noted that the human rights situation in general had deteriorated in several areas, such as police corruption, brutality, and intimidation; labor strife, and other societal concerns. Prison conditions remained extremely harsh and life threatening; several prisoners died due to the harsh conditions.”109
The U.S. State Department Human Rights Practice Report did not suggest any improvement in 2002 from the previous year.110
- “Mozambique – Country Reports on Human Rights Practices 2001,” U.S. State Department, March 4, 2002, accessed September 13, 2010, http://www.state.gov/g/drl/rls/hrrpt/2001/af/8394.htm.
- “Mozambique – Country Reports on Human Rights Practices 2002,” U.S. State Department, March 31, 2003, accessed September 13, 2010, http://www.state.gov/j/drl/rls/hrrpt/2002/18217.htm.
Protocol III:
II. Freedom of association, expression and political activity
(a) All citizens shall have the right to freedom of expression, association, assembly, demonstration and political activity. Administrative and tax regulations shall in no case be used to prevent or hamper the exercise of these rights for political reasons. These rights shall not extend to the activities of unlawful private paramilitary groups or groups which promote violence in any form or terrorism, racism or separatism.
(b) Freedom of association, expression and political activity shall encompass access, without discrimination, to the use of public places and facilities. Such use shall be conditional on submission of an application to the competent administrative authorities, who must give a decision within 48 hours after the submission of the application. Applications may be rejected only for reasons of public order or for organizational considerations.
III. Liberty of movement and freedom of residence
All citizens shall have the right to move about throughout the country without having to obtain administrative authorisation.
All citizens have the right to choose to reside anywhere in the national territory and to leave or return to the country.
Amnesty
1992
FRELIMO soldiers, RENAMO soldiers, and high command were not prosecuted for war crimes or crimes against humanity. Following parliamentary ratification on October 13, 1992, Chissano promulgated on October 14, 1992 legislation approving the actual peace treaty as well as a general political amnesty. The amnesty covered all crimes committed to date under the country’s security and military legislation, and was agreed upon under the terms of the accord, which committed both sides to release all but common criminals.111
Except in the provision on Protocol IV.VI.3.II, amnesty was not explicitly mentioned in the 1992 General Peace Agreement, although a blanket amnesty was given for both sides. This was the principle of the peace process. According to both Harsch112 and Cobban, the 1992 peace accord in Mozambique contained a blanket amnesty for everyone, on all sides.113
- “Signature of peace treaty,” Keesing’s Record of World Events (Volume 38), October 1992, 39129.
- Ernest Harsch, “Reintegration of Ex-Combatants: When War Ends: Transforming Africa’s Fighters into Builders,” Africa Renewal 19, no. 3 (2005).
- Helena Cobban, Amnesty after Atrocity? Healing Nations after Genocide and War Crimes (Paradigm Publishers, 2007); Helena Cobban, “Healing lessons from another war-torn society —Mozambique,” Christian Science Monitor, May 8, 2003, http://helenacobban.org/03-05-08-healing-from-Mozambique.htm.
1993
The Amnesty Law passed in 1992 and both sides received blanket amnesty.
1994
No further developments observed.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.VI:
3.ii For all purposes, demobilised soldiers of both Parties shall become civilians and shall be accorded equal treatment by the State.
Refugees
1992
“Zimbabwe has nearly 250,000 Mozambicans on its soil, about 130,000 of whom are officially registered as refugees. The number is part of the more than two million Mozambicans who have sought refuge from violence and drought.”114
It was reported that there were about 1 million Mozambican refugees in Malawi.115 Some of these refugees began returning spontaneously to their villages in the Tete province.116 By November 21, 1992, it was reported that more than 12,000 refugees coming from refugee centers in Malawi had already presented themselves to the Zobue administrative area in Tete Province’s Moatize District.117
- “Number of Refugees from Mozambique to Zimbabwe Reportedly Decreasing,” BBC Summary of World Broadcasts, October 28, 1992.
- “What Mozambique Can Learn,” The Economist, November 7, 1992, 48 (U.K. Edition, 74).
- “Food Aid Begins to Reach Mozambique Hinterland,” Christian Science Monitor (Boston, MA), November 12, 1992.
- “Mozambique Return of 12,000 Refugees from Malawi,” BBC Summary of World Broadcasts, November 23, 1992.
1993
It was reported early in February 1993 that more than 100,000 refugees had come home from the neighboring countries.118
Refugees’ Assistance Organization Director Fernando Fazenda told the ‘Noticias’ newspaper that more than 300,000 Mozambicans, who sought refuge in neighboring countries, might have returned to the country on their own since the signing of the General Peace Accord. The official repatriation of refugees would begin in May 1993.119
“In Ulongue, the district capital of Angonia, the district administrator rattled off the estimates of returnees. In October, 1,472. In November, 9,228. In December, 33,184. In January, when the rain slowed them, 31,530. The administrator, Evaristo Wezulo, said two-thirds of Angonia’s prewar population of 159,000 had fled. Most have already come home. Those who remain behind, relief workers say, are wives and children subsisting on refugee-camp ration cards until the first harvest at home, or children finishing the Malawi school year.”120
It was reported on 23 March 1993 that the Zimbabwe government had undertaken to facilitate the repatriation of some 140,000 Mozambican refugees from that country.121
More than 150,000 Mozambican refugees had returned from Malawi to their home districts in Mozambique’s northwestern Tete Province since the preceding October’s peace agreement between the government and RENAMO. Most of these returnees were from districts of Angonia, Tsangano and Mutarara.[fn]”Mozambique; Over 150,000 refugees return to Tete Province from Malawi,” BBC Summary of World Broadcasts, April 29, 1993.[/efn_note]
On May 1993, it was reported that RENAMO would send three representatives to Maputo to work with the United Nations High Commissioner for Refugees (UNHCR). This would ensure that RENAMO would not be left out of the refugee repatriation process.122
More than 10,000 Zimbabwe and South Africa-based Mozambican refugees had been repatriated.123
“For what has been described as the largest operation ever carried out by the UN High Commissioner for Refugees in Africa, a ceremony was held in the border town of Machipanda on 12 June 1993, marking the beginning of the repatriation of Mozambicans who had sought refuge in Zimbabwe. The first group, consisting of 254 men, women and children, returned home on that day from the Nhagombe [phonetic] refugee centre. A total of 145,000 Mozambican refugees were scheduled to be repatriated from Zimbabwe by the end of July. The ceremony was attended by Aldo Ajello, special representative of the UN secretary-general; Elias Chimuzo, representative of Manica Province’s governor; Vicente Ululu, secretary-general of the Mozambique National Resistance; James Nkomo, Zimbabwe’s Public Service, Labour and Social Welfare Minister; members of the diplomatic corps accredited in Mozambique; and a number of Mozambican and foreign officials.”124
It was reported on 19 August 1993 that an agreement between Swaziland, Mozambique, and the UNHCR was signed that would make provisions for 24,000 Mozambicans in Swaziland to return home.125 “By the end of 1993, the Office of the United Nations High Commissioner for Refugees estimated that more than half of Mozambique’s 1.5 million refugees had returned to the country. A further 350,000 were expected to return by the end of 1994, with the remaining 375,000 expected to repatriate during 1995.”94 The 2002 UNHCR Statistical Year Book reported that 604,387 refugees had returned in 1993 alone.126
- “Mozambique: Still Waiting,” The Economist, February 6, 1993.
- “Mozambique: Refugee director on numbers returned since peace accord,” BBC Summary of World Broadcasts, February 15, 1993.
- Bill Keller, “Peace From Chaos — A special report.; Mozambique’s Outlook Brightens As Truce Holds and Drought Ends,” The New York Times, February 22, 1993 (sec. A, 1).
- “OTHER SOUTHERN AFRICAN COUNTRIES; Zimbabwe agrees to “repatriation” of 140,000 refugees from Mozambique,” BBC Summary of World Broadcasts, March 26, 1993.
- “OTHER SOUTHERN AFRICAN COUNTRIES; Mozambique: three RENAMO representatives to work with UNHCR in Maputo,” BBC Summary of World Broadcasts, May 14, 1993.
- “OTHER SOUTHERN AFRICAN COUNTRIES; Mozambique: South Africa repatriates more than 9,000 people to Gaza Province,” BBC Summary of World Broadcasts, May 24, 1993.
- “SOUTHERN AFRICA; Mozambique: ceremony to mark start of repatriation of refugees from Zimbabwe,” BBC Summary of World Broadcasts, June 14, 1993.
- “SOUTHERN AFRICA; Mozambique and Swaziland sign agreement on repatriation of refugees,” BBC Summary of World Broadcasts, August 21, 1993.
- “2002 UNHCR Statistical Yearbook— Mozambique,” UNHCR, 2002, accessed September 14, 2010, http://www.unhcr.org/414ad5990.html.
1994
On 15 June 1994, Alfredo del Rio, the representative of the UN High Commissioner for Refugees (UNHCR), said that over one million Mozambicans had already returned home through the repatriation program.127 The repatriation of refugees would continue until the end of October.
The United Nations High Commissioner for Refugees (UNHCR) believed 1.5 million Mozambican refugees had returned to the country by the end of November 1994. Quoting a UNHCR report, the Mozambique Information Agency (AIM) reported that about 100,000 Mozambican refugees were still living in neighboring countries and were likely to repatriate the next year. The 2002 UNHCR Statistical Year Book reported that 804,376 refugees had been returned in 1994 alone.128
- “MOZAMBIQUE; UNHCR says over one million refugees have returned home,” BBC Summary of World Broadcasts, June 17, 1994.
- “2002 UNHCR Statistical Yearbook — Mozambique.”
1995
The Zimbabwe Inter-African News Agency (ZIANA) reported that the UN program for the voluntary repatriation of Mozambican refugees in Zimbabwe ended on 30 May 1995 when the last group of 1,300 crossed through the Forbes border post near Mutare.
“UN High Commissioner for Refugees spokesman Yusuf Hassan said 1.7 million Mozambican refugees had so far been repatriated from six southern African countries, in the largest and most complex operation undertaken by the commissioner. The cost so far was 152m US dollars.”129 Similarly, the program for repatriating Mozambican refugees from Malawi officially ended on 21 November 1995.130 On 28 March 1995, it was reported that the United Nations High Commissioner for Refugees (UNHCR) would stop repatriating Mozambicans from South Africa at the end of the month, and the last 2,000 would be repatriated that week.131 The 2002 UNHCR Statistical Year Book reported that 159,134 refugees had been returned in 1995 alone.128
- “MOZAMBIQUE; UN completes voluntary repatriation of Mozambican refugees in Zimbabwe,” BBC Summary of World Broadcasts, June 2, 1995.
- “MALAWI AND MOZAMBIQUE; Repatriation of Mozambican refugees from Malawi ends,” BBC Summary of World Broadcasts, November 22, 1995.
- “MOZAMBIQUE; UNHCR to stop repatriating Mozambicans from South Africa,” BBC Summary of World Broadcasts, March 30, 1995.
1996
The 2002 UNHCR Statistical Year Book reported that 1,605 refugees were returned in 1996 alone.3
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol III.IV. Return of Mozambican refugees and displaced persons and their social reintegration:
(a) The parties undertake to cooperate in the repatriation and reintegration of Mozambican refugees and displaced persons in the national territory and the social integration of war-disabled.
(b) Without prejudice to the liberty of movement of citizens, the Government shall draw up a draft agreement with RENAMO to organize the necessary assistance to refugees and displaced persons, preferably in their original places of residence. The parties agree to seek the involvement of the competent United Nations agencies in the drawing up and implementation of this plan. The International Red Cross and other organizations to be agreed upon shall be invited to participate in the implementation of the plan.
(c) Mozambican refugees and displaced persons shall not forfeit any of the rights and freedoms of citizens for having left their original places of residence.
(d) Mozambican refugees and displaced persons shall be registered and included in the electoral rolls together with other citizens in their places of residence.
(e) Mozambican refugees and displaced persons shall be guaranteed restitution of property owned by them which is still in existence and the right to take legal action to secure the return of such property from individuals in possession of it.
Internally Displaced Persons
1992
“A major goal of the ONUMOZ humanitarian assistance programme was to respond effectively to the reintegration needs of all Mozambicans, particularly those returning to resettle in their original communities. It had been projected that approximately 6 million Mozambicans would resettle during the following two years, including about 4.0 to 4.5 million internally displaced persons.”94
1993
It was reported on 13 June 1993 that “a source in the Emergency Provincial Commission told Radio Mozambique that during that period more than 150,000 war-displaced people had returned to their homes.”.132
“There were 3 million to 4 million internally displaced people in Mozambique who had also begun returning to their places of origin” (Christian Science Monitor 1993).133
It was reported that many of the 2 to 3 million internally displaced persons had returned home along with refugees in the neighboring countries.134
- “SOUTHERN AFRICA; Mozambique: refugees returning from neighbouring countries,” BBC Summary of World Broadcasts, June 15, 1993.
- “UN, Mozambique Begin Massive Repatriation,” Christian Science Monitor (Boston, MA), August 11, 1993.
- “Building a Nation in Mozambique; Extensive U.N. Peacemaking Operation Appears to Be Working,” The Washington Post, October 31, 1993, (sec. 1, A27).
1994
The Secretary General of the United Nations said that about half of the 4 to 4.5 million people displaced within the country by the civil war in Mozambique had gone back to their villages while some 621,000 people, or about 40 percent of those who fled into neighboring countries, had returned home.135
- “U.N. Sets Deadline of November For Ending Role in Mozambique,” The New York Times, February 24, 1994 (sec. A, p. 13).
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol III.IV. Return of Mozambican refugees and displaced persons and their social reintegration:
(a) The parties undertake to cooperate in the repatriation and reintegration of Mozambican refugees and displaced persons in the national territory and the social integration of war-disabled.
(b) Without prejudice to the liberty of movement of citizens, the Government shall draw up a draft agreement with RENAMO to organize the necessary assistance to refugees and displaced persons, preferably in their original places of residence. The parties agree to seek the involvement of the competent United Nations agencies in the drawing up and implementation of this plan. The International Red Cross and other organizations to be agreed upon shall be invited to participate in the implementation of the plan.
c) Mozambican refugees and displaced persons shall not forfeit any of the rights and freedoms of citizens for having left their original places of residence.
(d) Mozambican refugees and displaced persons shall be registered and included in the electoral rolls together with other citizens in their places of residence.
(e) Mozambican refugees and displaced persons shall be guaranteed restitution of property owned by them which is still in existence and the right to take legal action to secure the return of such property from individuals in possession of it.
Media Reform
1992
Human Rights Watch gave favorable remarks on press freedom in Mozambique in its 1993 report, which includes 1992. According to the report, “Mozambican citizens in the major towns have continued to enjoy the freedoms recognized in the 1990 constitution and related legislation. Political parties are able to function. The press law enacted by the government in 1991, which guarantees press freedom, has led to a flowering of independent journalism, including much candid coverage of the war, famine, corruption and banditry. However, there have been incidents of harassment and censorship of journalists, and in April a journalist at NotÃcias, Noe Ditimande, was dismissed after criticizing two senior government figures.”136
- “Human Rights Watch World Report 1993 – Mozambique,” Human Rights Watch, 1993, accessed September 14, 2010, http://www.hrw.org/reports/1993/WR93/Afw-06.htm#P289_114819.
1993
The US State Department, in its annual Human Rights Practice report, suggested improving press freedom in Mozambique. According to the report “on balance, freedom of the press continued to improve in 1993. The media, particularly the private newssheet Mediafax, television, and radio, reported objectively on controversial topics, including disagreements between the Government and RENAMO on peace agreement implementation, high-level military corruption, internal unrest in the military, and political opposition viewpoints.”15“Mozambique Human Rights Practices, 1993,” U.S. Department of State, January 31,1994, accessed September 15, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1993_hrp_report/93hrp_report_afr…
1994
The 1994 US State Department report on human rights practices in Mozambique was critical of media freedom in the country. According to the report, “the Constitution, the 1991 Press Law, and the 1992 Rome Peace Accords provide for freedom of expression and the press, except in cases involving national defense considerations. In practice, however, the Government restricts these freedoms. Although criticism of the President is not legally prohibited, the 1991 Press Law holds that, in cases of defamation against the President, truth is not a sufficient defense against libel. Although this law had not been tested in court, it resulted in considerable media self-censorship and almost no direct criticism of the President.”15“Mozambique Human Rights Practices, 1994,” U.S. Department of State, 1995, accessed September 15, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1994_hrp_report/94hrp_report_afr… The report also mentioned the harassment of the press by security officials. Nevertheless, the gradual growth of the independent media was also reported, which was critical of the government. RENAMO also had its own magazine and radio station, both of which began to broadcast nationwide.
1995
The 1995 US State Department report on human rights practice in Mozambique suggested a dominance of the government media as well as tight control over independent media. Nevertheless, it was reported that “the small, independent press carry opposition viewpoints and generally have far more credibility. However, the influence of the independent press and, for that matter, of the official press as well, is limited largely to Maputo and the provincial capitals because of the logistical difficulty of distribution of any publication in rural areas. The independent media consist of two weekly newspapers (Savanna and Demos), two daily fax newsletters (Mediafax and Imparcial), the second television station (RTK), and a few limited-range radio stations. RTK began its third year of broadcasting in 1995. While independent of the Government, the station is owned by a FRELIMO Central Committee member, and programming has not taken an independent political line. Both RTK and the government station broadcast only in Maputo and two other major cities, leaving the vast majority of the country without television coverage.”15“Mozambique Human Rights Practices, 1995,” U.S. Department of State, 1996, accessed September 15, 2010, http://dosfan.lib.uic.edu/ERC/democracy/1995_hrp_report/95hrp_report_afr…
1996
There had not been much improvement from the 1995 report.15“Mozambique Country Report on Human Rights Practices for 1996,” U.S. Department of State, 1997, accessed September 15, 2010, http://www.state.gov/www/global/human_rights/1996_hrp_report/mozambiq.ht…
1997
According to State Department report on human rights practices in 1997, “The Government continued to restrict press freedom; the media remained largely owned by the Government and state enterprises and manipulated by factions within the ruling party, but there was a greater criticism of government policies and an increase in the number of independent media sources. Also, with increased press and nongovernmental organization (NGO) scrutiny, even more abuses by security forces came to light than in previous years, and in some instances the Government investigated and punished those responsible.”15“Mozambique Country Report on Human Rights Practices for 1997,” U.S. Department of State, 1998, accessed September 15, 2010, http://www.state.gov/www/global/human_rights/1997_hrp_report/mozambiq.ht…
1998
According to the U.S. State Department report on human rights practices in 1998, “Media outlets owned by the government and state enterprises largely reflected the views of factions within the ruling party, but many of them also carried significant criticism of the Government’s handling of the local elections. The number of independent media increased, and their criticism of the Government, its leaders, and their families largely is tolerated.”15“Mozambique Country Report on Human Rights Practices for 1998,” U.S. Department of State, 1999, accessed September 15, 2010, http://www.state.gov/www/global/human_rights/1998_hrp_report/mozambiq.ht…
1999
According to the U.S. State Department report on human rights practices, “Media outlets owned by the Government and State enterprises largely reflected the views of factions within the ruling party; however, the number and diversity of independent media increased, and their criticism of the Government, its leaders, and their families largely is tolerated. Human rights violations received extensive coverage in both government and independent media during the year.”137
- “Mozambique — Country Report on Human Rights Practices 1999,” U.S. Department of State, 2000, accessed September 15, 2010, http://www.state.gov/g/drl/rls/hrrpt/1999/262.htm.
2000
No further developments observed.
2001
No further developments observed.
Protocol III.I. Freedom of the press and access to the media:
(a) All citizens shall enjoy the right of freedom of the press and freedom of information. These freedoms shall encompass, specifically, the right to establish and operate newspapers and other publications, radio and television broadcasting stations and other forms of written or sound communication, such as posters, leaflets and other media.
These rights shall not be abridged by censorship.
(b) Administrative and tax regulations shall in no case be used to hamper or prevent the exercise of this right on political grounds.
(c) Freedom of the press shall also include freedom of expression and creation for journalists and the protection of their independence and professional secrecy.
(d) The Government-controlled mass media shall enjoy editorial independence and shall guarantee, in accordance with the specific regulations envisaged in section V.3.b.1 of this Protocol, the right of all parties to access without political discrimination. Provision should be made in such regulations for access by all parties free of charge. Advertisements which conform to the prevailing commercial practice may not be refused on political grounds.
(e) The mass media may not discriminate against or refuse on political grounds any party or its candidates the exercise of the right of reply or the publication of corrections or retractions. Access to the courts shall be guaranteed in cases of defamation, slander, libel and other press offences.
Ratification Mechanism
1992
In 1992, the parliament approved the amendments to the Constitution that were taken from the peace agreements.111
1993
No further developments observed.
1994
No further developments observed.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol V.IV. Constitutional issues:
The joint declaration of 7 August 1992 signed by Joaquim Alberto Chissano, President of the Republic of Mozambique, and Afonso Macacho Marceta Dhlakama, President of RENAMO, constitutes an integral part of the General Peace Agreement. Accordingly, the principles embodied in Protocol I shall also apply with respect to the problem of constitutional guarantees raised by RENAMO and illustrated in the document submitted to the President of the Republic of Zimbabwe, Robert Gabriel Mugabe, at Gaborone, Botswana, on 4 July 1992. To this end, the Government of the Republic of Mozambique shall submit to the Assembly of the Republic for adoption legal instruments incorporating the Protocols, the guarantees and the General Peace Agreement into Mozambican law.
Donor Support
1992
According to a news report, as per the General Peace Agreement, Italy took a leadership role in the donor’s conference. The first donor’s conference concluded in Rome on December 16, 1992, in which countries promised $320 million dollars for emergency programs and for the resettlement of war-displaced people, refugees, and demobilized soldiers.138 It was reported that the money raised at the donor’s conference would be handled by members of the donor community: Italy, the European Community, Sweden, Norway, Denmark, Finland, the USA, Germany, Poland, Switzerland, France, Portugal, Britain, Austria, South Africa, Spain, Australia, Japan, and Belgium.139
- “Mozambique: Italy reportedly asked to supervise election preparations,” BBC Summary of World Broadcasts, December 18, 1992.
- “Mozambique Peace Accord donor countries named,” BBC Summary of World Broadcasts, December 23, 1992.
1993
RENAMO was hesitant to demobilize its combatants from conflict zones as there was delay in the allocation of funding to RENAMO to operate as a political party. At the donor’s conference the year before, Italy and some other donors had agreed to provide funds to RENAMO. On 8 June 1993, RENAMO made an indirect threat to take up arms once again if there was no money to finance its activity as a political party. At the opening session of the second donor’s conference in the Mozambican capital Maputo on June 8, 1993, the MNR’s chief negotiator, Raul Domingos, resorted to a veiled threat of war and blackmailing the Mozambican people and demanded financing and material goods for his movement.140 The donor’s conference ended on June 9, 1993 and the donor countries pledged an additional $70 million to support the peace process in Mozambique. RENAMO received its promised monetary support from the international community.141
- “OTHER SOUTHERN AFRICAN COUNTRIES; Mozambique: MNR makes “veiled threat” to Maputo donors’ conference,” BBC Summary of World Broadcasts, June 10, 1993.
- Jeroen De Zeeuw, “Understanding the Political Transformation of Rebel Movement,” in From Soldiers to Politicians: Transforming Rebel Movements after Civil War, ed. Jeroen De Zeeuw (Boulder: Lynne Rienner Publishers, 2008).
1994
The peace process in Mozambique was one of the best supported processes at the time. The United Nations Office for Humanitarian Assistance Coordination (UNOHAC) led a massive campaign for the support of the Mozambican peace process. The large-scale coordination of donor activities included several large agencies and organizations along with NGOs and other donor countries, and was generally efficient. Some of the organizations represented by UNOHAC were the World Health Organization, UNICEF, and the International Organization for Migration. They also worked in parallel with dedicated international donors such as Canada, Switzerland, the Netherlands, the European Union, and the United States. The number of international NGOs involved in the process rose from 150 to 250 between 1992 and 1994. However, due to the large number of NGOs present on the ground, coordination was often difficult and not all NGOs performed at the necessary level. However, the large international support for the peace process in Mozambique proved instrumental in securing peace and relative stability in the country.142
- Marc de Tollenaere, “Fostering Multiparty Politics in Mozambique,” in Promoting Democracy in Postconflict Societies, ed. Jeronen de Zeeuw and Krishna Kumar (Boulder: Lynne Rienner Publishers, 2006), 75-96.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol VII:
1. The Parties decide to request the Italian Government to convene a conference of donor countries and organizations to finance the electoral process, emergency programmes and programmes for the reintegration of displaced persons, refugees and demobilised soldiers.
2. The Parties agree to request that, of the funds provided by donor countries, an appropriate share should be placed at the disposal of political parties to finance their activities.
3. The Parties appeal for the donors’ conference to be convened no later than 30 days after E-Day. In addition to donor countries and organizations, the Government and RENAMO shall also be invited to send representatives.
Detailed Implementation Timeline
1992
The implementation schedule of the General Peace Agreement for Mozambique was partially realized as more time was needed for both sides to adjust and conform to the new rules. Demobilization took longer than expected, which pushed back the general elections as well. The UN mission was also slow to materialize, leaving the peace process to sustain itself until late February 1993. The time lags did not substantially hinder the peace process.
1993
Until late February 1993, implementation timeline was partially met. Demobilization took longer than expected but started in January 1993, which pushed back the general elections as well. The UN mission was also slow to materialize, leaving the peace process to sustain itself until late February 1993.
1994
Elections, which were originally scheduled for October 1993, took place in October 1994, signaling the completion of the formal process.
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol IV.I:
iv. Timetable for the process
(a) The formation of the FADM shall commence with the appointment of the following:
– CCFADM, prior to the entry into force of the ceasefire (E-Day);
– The FADM High Command on E-Day + 1;
– The commanders of the three service branches and the logistics command;
– The commanders of the military regions;
– The unit commanders.
(b) General staffs shall be organized immediately following the appointment of each command;
(c) The system of administrative and logistics support shall be organized taking into account the new size of the FADM, in accordance with the principle of utilizing or transforming existing structures on the basis of the plans of the FADM High Command, as approved by CCFADM.
Protocol IV.VI:
3. Timetable
E-Day: Installation of CCF and commencement of its functions
E-Day + 30: Definition by both Parties of the troops to be demobilised; activation of demobilisation structures and initiation of the process
E-Day + 60: Demobilisation of at least 20 per cent of the total troops to be demobilised
E-Day + 90: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 120: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 150: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
E-Day + 180: End of demobilisation of the troops to be demobilised.
Protocol V.I. Timetable for the conduct of the electoral process:
1. The elections to the Assembly of the Republic and the post of President of the Republic shall be held simultaneously and shall take place one year after the date of signature of the General Peace Agreement, as provided for in Protocol III.
2. Further to the provisions set forth in Protocol III, the Parties also agree as follows:
(a) By E-Day + 60, the Government shall establish the National Elections Commission provided for in Protocol III;
(b) Immediately following the signature of the General Peace Agreement, the Government, for purposes of the provisions of Protocol III, shall request technical and material support from the United Nations and OAU;
(c) The Government shall draft the Electoral Act in consultation with RENAMO and the other parties within at most two months from the adoption by the Assembly of the Republic of the legal instruments incorporating the Protocols and guarantees, as well as the General Peace Agreement , into Mozambican law. The approval and publication of the Electoral Act shall take place within at most one month following the completion of its drafting;
(d) Within 60 days following the signature of the General Peace Agreement, the Government and RENAMO shall agree on the observers to be invited for the electoral process. The Government shall draw up the corresponding invitations;
(e) The election campaign shall begin 45 days before the date of the elections;
(f) By the date of commencement of the election campaign, all parties taking part must have been registered and have submitted their lists of candidates as well as their respective symbols;
(g) By the date of commencement of the election campaign, the candidates for the Presidency of the Republic must have submitted their candidacies in conformity with the legally prescribed requirements;
(h) The election campaign shall conclude 48 hours before the start of voting;
(i) The elected Assembly of the Republic shall take office 15 days after the publication of the lists giving the results of the election. The lists giving the results of the election shall be published not more than eight days after the closure of voting;
(j) The investiture of the elected President of the Republic shall take place one week after the elected Assembly of the Republic has taken office.
Protocol VI.II. Operational timetable for the cease-fire:
E-Day:
Entry into force of the cease-fire and beginning of United Nations verification
Beginning of the cessation of the armed conflict (CAC)
Beginning of the separation of forces phase
E-Day +5:
End of the separation of forces phase
E-Day +6:
Beginning of the concentration of forces phase Beginning of the withdrawal of foreign forces and contingents from the country
E-Day +30:
End of the concentration of forces phase
End of the withdrawal of foreign forces and contingents from the country
E-Day +180:
End of the demobilisation phase and of the CAC
Verification/Monitoring Mechanism
1992
The General Peace Agreement (GPA) for Mozambique had a provision for UN peacekeeping. As soon as the peace agreement was signed, and before the establishment of the United Nations Operation in Mozambique (ONUMOZ), the interim Special Representative and a team of 21 military observers, drawn from existing United Nations peacekeeping missions, arrived in Mozambique on 15 October 1992.1
“On 16 December 1992, the Security Council, by its resolution 797 (1992), approved the Secretary-General’s report and decided to establish ONUMOZ until 31 October 1993. The Council endorsed the Secretary-General’s recommendation that the elections not take place until the military aspects of the General Peace Agreement had been fully implemented. It called upon the Mozambican Government and RENAMO to cooperate fully with the United Nations and to respect scrupulously the ceasefire and their obligations under the Agreement.”143 The mandate of ONUMOZ included four important elements: political, military, electoral and humanitarian.
“On 4 November 1992, the interim Special Representative appointed the Supervisory and Monitoring Commission (CSC). CSC was to guarantee the implementation of the Agreement, assume responsibility for authentic interpretation of it, settle any disputes that might arise between the parties and guide and coordinate the activities of the other Commissions. It was chaired by the United Nations and was initially composed of Government and RENAMO delegations, with representatives of Italy (the mediator State), France, Portugal, the United Kingdom, the United States (observer States at the Rome talks) and the Organization of African Unity (OAU). In December 1992, Germany also became a member of CSC. CSC held its first meeting on 4 November 1992 and appointed the main subsidiary commissions: the Ceasefire Commission (CCF), the Commission for the Reintegration of Demobilized Military Personnel (CORE), as well as the Joint Commission for the Formation of the Mozambican Defence Forces (CCFADM).”3
- “Mozambique – ONUMOZ Background,” United Nations, accessed June 4, 2010, http://www.un.org/en/peacekeeping/missions/past/onumozFT.htm.
1993
By the beginning of May 1993, ONUMOZ was fully deployed and its military infrastructure established in all three operational regions. It verified the violations of ceasefire by both sides to the conflict and monitored the situations with strong military and police components. Its maximum military strength as of 30 November 1993 was 6,576 combatants from all ranks.3
1994
ONUMOZ verification continued in 1994. As of 31 October 1994, it had a strong civilian police component of 1,087 police observers stationed all over Mozambique to monitor the situation, especially issues related to human rights violations by the state police force. The UN verification mission was completed as soon as the post-conflict elections took place and election results were announced. The mission left Mozambique on December 1994.3
1995
No further developments observed.
1996
No further developments observed.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
Protocol I. Basic Principles:
5. The parties agree on the principle of establishing a commission to supervise and monitor compliance with the General Peace Agreement. The commission shall be composed of representatives of the Government, RENAMO, the United Nations and other organizations or Governments to be agreed upon between the parties.
Protocol V.II. Commission to supervise the cease-fire and monitor respect for and implementation of the agreements between the Parties within the framework of these negotiations: its composition and powers:
1. Pursuant to Protocol I, the Supervisory and Monitoring Commission (CSC) is established, which shall begin operating upon appointment of its Chairman by the Secretary-General of the United Nations.
2. This Commission shall be composed of representatives of the Government, Renamo, the United Nations, OAU and the countries to be agreed upon by the Parties. The Commission shall be chaired by the United Nations and shall be based at Maputo.
3. The decisions of CSC shall be taken by consensus between the two Parties.
4. CSC shall draw up its own Rules of Procedure and may whenever it sees fit establish sub-commissions additional to those provided for in paragraph II.7 of the present Protocol.
5. CSC shall in particular:
(a) Guarantee the implementation of the provisions contained in the General Peace Agreement;
(b) Guarantee respect for the timetable specified for the ceasefire and the holding of the elections;
(c) Assume responsibility for the authentic interpretation of the agreements;
(d) Settle any disputes that may arise between the Parties;
(e) Guide and co-ordinate the activities of the subsidiary commissions referred to in paragraph II.7 of this Protocol.
6. CSC shall cease to function when the new Government takes office.
7. CSC shall have under it the following Commissions:
(a) The Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) Its powers shall be those specified in Protocol IV, paragraph I (iii) on the formation of the Mozambican Defence Force. CCFADM shall be composed of representatives of the Parties and of the Governments selected by the Parties before the signing of the General Peace Agreement to provide assistance in the process of formation of the FADM in conformity with the provisions of Protocol IV, section I;
(b) The cease-fire Commission (CCF) Its composition and powers shall be those indicated in Protocol IV, section VI and Protocol VI, section I;
(c) Reintegration Commission (CORE) Its composition and powers shall be those specified in Protocol IV, section VI.
Please always cite: “Annualized implementation data on comprehensive intrastate peace accords, 1989–2012.” Madhav Joshi, Jason Michael Quinn, and Patrick M. Regan. Journal of Peace Research 52 (2015): 551-562.