Constitutional Reform: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER I: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU)

13. Pre-Transitional Period and National Constitutional Amendment Committee (NCAC)

13.1 Upon signing this Agreement, the IGAD-led Mediation in consultation with the Parties and other stakeholders shall initiate the formation of a representative National Constitutional Amendment Committee (NCAC), with the mandate to complete the tasks necessary to prepare for the Transition Period and form the TGoNU. The mandate of NCAC shall also extend up to a maximum of twelve (12) months into the Transition Period to draft new or revise, as appropriate, other legislations provided in this Agreement. The Committee shall have competent legal capacity to perform the following tasks:

13.1.1 To draft a Constitutional Amendment Bill within twenty one (21) days upon signing this Agreement. The Bill shall incorporate this Agreement into the Transitional Constitution of the Republic of South Sudan of 2011 (TCRSS). In the event of any contradictions, the provision of this Agreement shall prevail;

13.1.2 Drafting of Amendments to relevant national security legislations that relate to this Agreement (including, but not limited to the SPLA Act. 2009; National Security Act 2014; The Police Service Act, 2009; The Prison Service Act, 2011; The Wildlife Service Act, 2011), in order to conform relevant national legislation to the provisions of this Agreement. The NCAC shall complete the drafting of these Amendments within forty five (45) days from the date of signature of this Agreement;

Chapter VIII: Supremacy of this Agreement and Procedures for Amendment of the Agreement

2. This Agreement shall be fully incorporated into the Transitional Constitution of South Sudan, 2011 (TCRSS) as per the procedures outlined in Chapter I, Article 4 of this Agreement. Notwithstanding this process of incorporation, in the event that the provisions of the TCRSS conflicts with the terms of this Agreement, the terms of this Agreement shall prevail.

 

CHAPTER VI. PARAMETERS OF PERMANENT CONSTITUTION

1. The TGoNU shall initiate and oversee a Permanent Constitution-making Process, during the Transitional Period. The Permanent Constitution-making Process shall be based on the principles of:

1.1 Supremacy of the People of South Sudan;

1.2 Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;

1.3 Guaranteeing peace and stability, national unity and territorial integrity of the Republic of South Sudan;

1.4 Promoting peoples participation in the governance of the country through democratic, free and fair Elections and the devolution of powers and resources to the states and counties;

1.5 Respecting ethnic and regional diversity and communal rights, including the right of communities to preserve their history, develop their language, promote their culture and expression of their identities;

1.6 Ensuring the provision of the basic needs of the people through the establishment of a framework for fair and equitable economic growth and access to national resources and services;

1.7 Promoting and facilitating regional and international cooperation with South Sudan;

1.8 Committing the people of South Sudan to peaceful resolution of national issues through dialogue, tolerance, accommodation and respect of others opinions.

2. The TNLA shall within the first six (6) months of Transitional Period enact a legislation to govern the constitutional making process.

3. The permanent constitution shall be completed not later than eighteen (18) months following the establishment of the Transitional Period and shall be in place to guide the Elections toward the end of the Transition.

4. The following phases of Constitution-making process shall be completed within eighteen (18) months of the Transition Period as per the timetable stipulated in the implementation mechanism process except for the transformation of the TNLA into a constituent assembly to adopt the new constitution which shall be defined by law:

5. The reconstituted National Constitution Review Commission (NCRC) shall be appointed by the Executive after adequate consultation with all key stakeholders including but not limited to the Political Parties, Civil Society Organizations and Faith-Based groups for their views to prepare a Draft Constitutional Text;

5.1 The Commission shall carryout wide consultation with the people and conduct civic education and prepare the Draft Constitutional Text;

5.2 The Commission shall present the Draft Constitutional Text to the Executive accompanied by a report;

5.3 The Draft Constitution Text presented by the Commission to the Executive shall be presented to a National Constitutional Conference (NCC) composed of elected representatives from all levels of administrations and registered institutions as shall be stipulated in the reviewed legislation governing the Constitution-making process;

5.4 The Constitutional Text adopted by the Constitutional Conference shall be presented by the Minister of Justice and Constitutional Affairs to a Constituent Assembly for deliberation and adoption;

5.5 The Parties agree that the Transitional National Legislature shall be transformed into a Constituent Assembly on the 1st date of the 27th month of the Transition for purposes of adopting the Permanent Constitution after which it shall be dissolved preceding the Elections.

6. In drafting the Permanent Constitution, lessons shall be drawn from South Sudan common law, constitutional history and experiences, and this Agreement;

7. The process of permanent Constitution-making shall be led and owned by the people of South Sudan.

8. The TGoNU shall review the ongoing permanent Constitution-making process and reconstitute the National Constitutional Review Commission (NCRC). In order to ensure quality of participation and inclusiveness in the reformulated Constitution review process, the composition of the reconstituted NCRC shall include but not limited to representatives of the TGoNU, Political Parties, faith-based groups, academics and other professionals. The process of appointment shall be as defined in the reviewed and enacted legislation governing the constitution-making process.

9. The TGoNU shall provide in its budgetary provisions adequate funding for the Constitution making process.

10. The TGoNU shall seek the assistance of regional and international experts to benefit from the experience, expertise and best practices to assist in the Constitution-making process.

 

Children’s Rights: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

1. Permanent Ceasefire

1.10 The warring parties shall undertake to ensure the immediate and unconditional release of all Prisoners of War (POWs), all those detained in connection with the conflict, and child soldiers who are under their command or influence upon the signing of this Agreement through the International Committee of Red Cross (ICRC) and UNICEF.

Ceasefire: Agreement on the Resolution of the Conflict in the Republic of South Sudan

Written by

CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

1. Permanent Ceasefire

1.1 The GRSS and South Sudan Armed Opposition (hereinafter in known as the warring parties) shall declare a Permanent Ceasefire, which shall enter into force in seventy two (72) hours upon the signing of this Agreement to ensure sustainable peace, and facilitate the operationalization of the Transition Security Arrangements and the resettlement and repatriation of returnees and Internally Displaced Persons (IDPs).

1.2 The warring parties shall disseminate the provisions of this Agreement to all forces under their command or influence, and allies, to ensure compliance immediately upon signing.

1.3 The Permanent Ceasefire shall apply to all forces of the warring parties, armed groups, and all other forces or militias allied to either Party, and shall be based on the Cessation of Hostilities (COH) Agreement of 23rd January 2014, and its implementation modalities matrix.

1.4 Within seventy two (72) hours of the signing of this Agreement, the Parties shall embark on a series of Permanent Ceasefire Arrangements including cessation of hostilities, disengagement, separation and withdrawal of forces including allies of both parties (forces, militias) in the theatre of operations on the basis of the 23rd January 2014 CoH Agreement, and report compliance to Monitoring and Verification Mechanism (MVM).

1.7 The warring parties shall refrain from prohibited actions outlined in the Cessation of Hostilities Agreement of 23rd January, which inter-alia include but are not limited to:

1.7.1 Actions that may impede or delay the provision of humanitarian assistance, or protection to civilians, and restrict free movement of people;

1.7.2 Acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

1.7.3 Recruitment and/or use of child soldiers by armed forces or militias in contravention of international conventions;

1.7.4 Offensive, provocative or retaliatory actions such as dissemination of hostile propaganda, unauthorized recruitment, mobilization, redeployment and movement of forces and any other activities that may jeopardize this Agreement;

1.7.5 Acts of hostility, intimidation, violence or attacks against the civilian population including IDPs and returnees as well as UNMISS personnel, installations or equipment, international humanitarian agencies including UN agencies, International Organizations and Non-Governmental Organizations including their personnel, installations or equipment, IGAD MVM or its successor institution; Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM)

Detailed Timeline: Bicesse Accords

Written by

V. Timetable of the Cease-Fire

1 May- Initialing of the Accord

By midnight of 15 May- Notification to be sent to the Portuguese Government of acceptance by the parties.

Midnight 15 May- “de facto” suspension of hostilities.

29-31 May

a) Signature and entry into force of the cease-fire

agreement;

b) CCPM and CMVF take office;

c) The monitoring groups begin to travel to the predetermined

sites;

d) Beginning of the United Nations verification operations

15 June

a) Completion of the establishment of the monitoring

groups at the pre-determined sites, and notification to

CMVF that they are operational;

b) The monitoring system begins to function

By 30 June

Completion of installation of the United Nations verification system.

1 July

Forces begin to move to the areas of assembly. The verification and monitoring groups must be notified in advance of each movement of forces.

1 August

Completion of the movement of forces to the areas of assembly.

On the date of the elections

Completion of the cease-fire process and abolition of the verification and monitoring bodies.

 

Annex II

Sequence of task in the different phases of the cease-fire

Preliminary phase (1-15 May 1991)

 

1 May 1991

Government of the People’s Republic of Angola and UNITA

Initialling of Cease-Fire Agreement

Cessation of hostile propaganda

Monitoring mechanism

Government/UNITA

United Nations

Formation process

Angolan Armed Forces

Observations

Appeal to the parties to exercise maximum restraint in their actions

 

15 May 1991

Government of the People’s Republic of Angola and UNITA

Last day to inform Portuguese Government which country(ies) will provide assistance in formation of Armed Forces

Last day to notify Portuguese Government of acceptance of Cease- Fire Agreement

De facto suspension of hostilities (12 midnight, 15 May 1991)

Monitoring mechanism

Government/UNITA

United Nations

Formation process

Angolan Armed Forces

Observations

 

Phase I (15-29/31 May 1991)

15 May 1991

Government of the People’s Republic of Angola and UNITA

  • Hostilities suspended since 12 midnight, 15 May
  • Commanders at all levels ensure that their troops stay in their positions and await orders
  • Offensive operations such as the following will not be conducted:
    • Military land or air reconnaissance and combat patrols within a 10-kilometre radius of their military bases
    • Overflight by combat aircraft or armed helicopters
    • Military operations against military, economic or civilian targets
    • Cessation of all military maneuvers with the aim of placing weapons capable of endangering the security of towns and the economic, administrative and military infrastructures
    • Cessation of all acts of violence against the civilian population
    • Occupation of new positions

Monitoring mechanism

  • Government/UNITA
  • United Nations

Formation process

  • Angolan Armed Forces

 

15-31 May 1991

Government of the People’s Republic of Angola and UNITA

 

29-31 May 1991

Government of the People’s Republic of Angola and UNITA

  • Last day for the Government, and UNITA to inform their forces about the areas of assembly

Monitoring mechanism

  • Government/UNITA

Prior to signature of agreement, members of CMVF and the monitoring groups will be appointed

  • United Nations

Formation process

  • Angolan Armed Forces

Prior to signature of Cease-Fire Agreement, members of CCFA will be appointed

Observations

 

29-31 May 1991

Government of the People’s Republic of Angola and UNITA

  • Signature and immediate entry into force of Cease-Fire Agreement

Monitoring mechanism

  • Government/UHITA
  • United Nations

Formation process

  • Angolan Armed Forces

Observations

  • Cessation of supplies of lethal material to the Government of the People’s Republic of Angola and UNITA

 

Phase II (31 May-30 June 1991)

(Implementation of the monitoring system)

31 May 1991

Government of the People’s Republic of Angola and UNITA

  • Beginning of exchange of military information within the framework of

CMVF

  • Beginning of process of releasing all civilian and military prisoners taken as a result of the conflict

Monitoring mechanism

  • Government/UNITA

Immediately after signature and entry into force of accord, CCPM and CMVF take office

The monitoring groups begin to travel to the predetermined sites

  • United Nations
    • Beginning of verification groups verification operations

Formation process

  • Angolan Armed Forces

Immediately after signature and entry into force of the ceasefire, CCFA takes office

Preparation of the plan for formation of the Angolan Armed Forces, within the framework of CCFA

Observations

 

15 June 1991

Government of the People’s Republic of Angola and UNITA

Monitoring mechanism

  • Government/UNITA

The monitoring groups conclude their establishment at the predetermined sites and notify CMVF that they are operational

  • United Nations

Formation process

  • Angolan Armed Forces

Observations

 

30 June 1991

Government of the People’s Republic of Angola and UNITA

  • Last day for the parties to communicate to the verification groups and the monitoring groups the timetable and schedules for movement of their forces to the areas of assembly and border posts

Monitoring mechanism

  • Government/UNITA
  • United Nations

Completion of the installation of the United Nations verification system

Formation process

  • Angolan Armed Forces

Observations

 

Phase III (1 July- 1 August 1992)

(Transfer of forces)

1 July 1991

Government of the People’s Republic of Angola and UNITA

  • Beginning of movement of forces to areas of assembly and border posts
  • Beginning of border control operations at border posts

Monitoring mechanism

  • Government/UNITA

Beginning of monitoring operations by the monitoring groups

  • United Nations

Formation process

  • Angolan Armed Forces

Observations

 

1 July – 1 August 1991

Government of the People’s Republic of Angola and UNITA

Monitoring mechanism

  • Government/UNITA

The monitoring groups inform CMVF of movement to each area of assembly and border posts

  • United Nations

Formation process

  • Angolan Armed Forces

Observations

 

1 August 1991

Government of the People’s Republic of Angola and UNITA

  • Last day to conclude movement of forces to areas of assembly and border posts

Monitoring mechanism

  • Government/UNITA
  • United Nations

Formation process

  • Angolan Armed Forces

Observations

 

Phase IV (1 August 1991-date of elections)

(Verification and monitoring of agreement)

 

1 August 1991

Government of the People’s Republic of Angola and UNITA

  • The parties report to the monitoring bodies regarding personnel to be demobilized
  • The parties report to the monitoring bodies regarding material to be delivered to storehouses
  • Replacement of FAPLA and FALA platoons at border posts by forces to be determined by the parties

Monitoring mechanism

  • Government/UNITA
  • United Nations

Formation process

  • Angolan Armed Forces

The parties report to the monitoring bodies regarding the personnel and material from each area of assembly intended for the process of formation of the Angolan Armed Forces as a result of general directives from CCFA Movement of personnel and material from areas of assembly to centres for formation of the Angolan Armed Forces being monitored by the monitoring groups

Observations

 

Date of general elections

Government of the People’s Republic of Angola and UNITA

  • Last day for abolition of FAPLA and FALA

Monitoring mechanism

  • Government/UNITA

Last day for closing the areas of assembly

Abolition of bodies for verification and monitoring of the cease-fire

  • United Nations

Formation process

  • Angolan Armed Forces

Last day for concluding the process of formation of the Angolan Armed Forces

  • Abolition of CCFA

Observations

Verification: Bicesse Accords

Written by

III. VERIFICATION AND MONITORING

1. Prior to entry into force of the cease-fire, a Joint Verification and

Monitoring Commission (Comissaio Mista de Verificacao (CMVF)) will

be formed. It will be composed of representatives of the Government of

the People’s Republic of Angola and UNITA, as members, and of

representatives of Portugal, the United States of America, and the Union

of Soviet Socialist Republics, as observers. In addition, a United Nations

representative will be invited to the CMVF meetings.

2. CMVF will report to the Joint Political-Military Commission (CCPM).

3. CMVF will have the authority to create any structures it considers

appropriate for the performance of its duties, namely the monitoring

groups necessary for full observance of the cease-fire throughout

Angolan territory. Such groups shall be subordinate to CMVF.

4. The monitoring groups, which will be established before entry into

force of the cease-fire, will be composed of an equal number of

representatives from the Government of the People’s Republic of Angola

and UNITA.

5. United Nations personnel, who will have their own command

structure, will verify whether the monitoring groups are assuming their

responsibilities. This will include United Nations support in the

investigation and resolution of alleged cease-fire violations. The

Governments that will be sending United Nations monitors will be

selected with the participation of the Government of the People’s

Republic of Angola and UNITA, working within the framework of

CCPM.

6. The bodies and mechanisms created to verify and monitor the ceasefire

will be temporary in nature and will cease to exist at the end of the

cease-fire [period].

7. Other provisions with respect to verification and monitoring of the

cease-fire are set forth in annex I to this agreement.

IV. REGULATING THE VERIFICATION AND MONITORING

MEASURES

1. CMVF will have the authority necessary to ensure the effective

observance of the cease-fire. Particularly, it shall familiarize itself with

the areas of troop assembly, monitor compliance with the rules of

conduct previously agreed on for the troops in the areas of assembly,

coordinate the activity of the monitoring groups, and rule on the

complaints and claims presented in relation to possible violations of the

cease-fire.

2. CMVF will decide on its own regulations, and also has the authority

to define the functions and approve the regulations of such monitoring

groups as it may establish.

3. The monitoring groups will make “on site” verifications of observance

of the cease-fire. Specifically, they are to prevent, verify and investigate

possible violations.

Annex I

Verification and monitoring of the cease-fire

The Government of the People’s Republic of Angola and

UNITA hereby agree to the following provisions regarding the

verification and monitoring of the cease-fire:

A. THE CMVF MANDATE AND REGUALTIONS

1. The Joint Verification and Monitoring Commission (CMVF) is the

entity responsible for the implementation and functioning of the

mechanisms instituted to verify and exercise control over the cease-fire,

provided for in the documents signed on this subject. Particularly, it is

responsible for:

(a) Verifying that the monitoring groups necessary for full

observance of the cease-fire throughout the national territory have

been established. These groups shall be subordinate to CMVF;

(b) Establishing the needed coordination with the special bodies in

the United Nations system of cease-fire verification;

(c) Becoming familiar with the troop assembly areas;

(d) Checking that the rules of conduct agreed upon in advance for

the troops in their areas of assembly are being observed;

(e) Ruling on any complaints and claims presented to it regarding

possible violations of the cease-fire;

(f) Defining the specific sphere of authority of the monitoring

groups, approving the regulations for those groups, and coordinating

their activities;

(g) Analysing and discussing the periodic reports that the monitoring

groups are required to send to it, through the regional monitoring

groups, concerning the manner in which the measures implementing

the cease-fire are being applied within their area of jurisdiction;

(h) Adopting such mechanisms as may be considered necessary to

the exercise of its functions, including the creation of ad hoc

investigative commissions that may travel to the site of the possible

violations;

(i) Verifying the observance by both parties of the principle that their

paramilitary or militarized forces have been demobilized or

integrated into the respective regular military forces.

2. CMVF shall be composed of representatives of the Government of the

People’s Republic of Angola and of UNITA as members, and by

representatives of Portugal, the United States and the Soviet Union as

observers.

3. A representative of the United Nations shall also be invited to

participate in the meetings of CMVF.

4. The meetings of CMVF shall be presided over, alternately in

accordance with the principle of rotation, by the Government of the

People’s Republic of Angola and by UNITA, without prejudice to the

principle of consensus in the decision-making process.

5. CMVF, with headquarters at Luanda, shall have a delegation at Jamba.

6. CMVF shall meet in ordinary session at least three times a week for

the purposes of part (g) of No. 2 [sic], and in special session whenever

any of the parties requests that it be convened to analyse possible

violations of the cease-fire.

7. The decisions of CMVF shall be made by consensus between the

Government of the People’s Republic of Angola and UNITA.

8. The decisions of CMVF shall be binding in nature, and the parties shall

take all measures necessary to execute them.

9. It is mandatory that the Joint Political-Military Commission (CCPM)

be notified of decisions reached by CMVF on non-procedural matters.

CCPM may request such clarifications as it deems appropriate regarding

those decisions.

10. In the event that CMVF does not reach a decision, or that CCPM

objects to that decision, the final decision shall rest with the latter body.

11. Minutes of the CMVF meetings shall always be prepared, and signed

by the representatives of the parties.

12. The decisions of CMVF shall be confidential in nature, unless CMVF

itself or CCPM decides otherwise.

13. CMVF shall cease functioning at the end of the cease-fire.

B. THE VERIFICATION AND MONITORING SYSTEM

1. On-site monitoring of the cease-fire is assured by the Government of

the People’s Republic of Angola and by UNITA, through monitoring

groups subordinate to CMVF that are to be composed of 8 to 12

individuals from each party, in accordance with the organizational chart

that appears in appendix 1.

2. There will be monitoring groups at all the sites Indicated in appendices

2 and 3. Additional monitoring groups may be created, to be directly

subordinate to CMVF and the regional monitoring groups.

3. Liaison between CMVF and the monitoring groups is assured by the

regional monitoring groups, for which purpose the territory of Angola

shall be divided into the following regions and subregions:

• Northern Region (with headquarters at Luanda), with

tow subgroups located at Negage and Cabinda;

• Northeastern Region (with headquarters at Saurimo);

• Central Region (with headquarters at Huambo), with

two subgroups located at Lobito and Huambo;

• Eastern Region (with headquarters at Luena);

• Southeastern Region (with headquarters at Mavinga);

• Southern Region (with headquarters at Lubango).

4. United Nations personnel, who will have their own command

structure, will verify whether the monitoring groups are assuming their

responsibilities. This will include United Nations support in the

investigation and resolution of alleged cease-fire violations.

5. Coordination with the United Nations verification and monitoring

system shall be arranged at all levels of the existing administrative

structures.

6. The security of the monitoring groups and all United Nations

personnel shall be the responsibility of the party that controls the zone

where they are present.

7. The commanders of the areas of assembly shall provide all support

requested of them by the cease-fire verification and monitoring bodies

and by the United Nations.

8. The cease-fire monitoring and verification bodies shall enjoy complete

freedom of movement in carrying out their duties.

9. Every member of the cease-fire monitoring and verification bodies

shall display a badge and a credential that easily identifies him, and shall

travel unarmed.

Annex

1. The Government of the People’s Republic of Angola and UNITA

agree to the formation of a Joint Political-Military Commission (CCPM),

to be established at Luanda at the time of the signature of the

“Fundamental principles tor the establishment of peace in Angola”.

2. CCPM shall be composed of representatives of the Government of the

People’s Republic of Angola and of UNITA as members, and by

representatives of Portugal, the United States, and the Soviet Union as

observers. In addition, a representative of the United Nations may be

invited to participate in the meetings of CCPM.

3. It shall be the task of CCPM to see that the peace accords are applied,

thereby guaranteeing strict compliance with all political and military

understandings, and to make the final decision on possible violations of

those accords.

4. CCPM shall have the authority necessary to approve all the rules

relating to its functioning, particularly its own internal regulations. Its

decisions will be made by consensus between the Government of the

People’s Republic of Angola and UNITA.

Attachment IV

Protocol of Estoril

II. JOINT POLITICAL-MILITARY COMMISSION (CCPM)

1. According to the document entitled “Concepts for resolving the issues

still pending between the Government of the People’s Republic of

Angola and UNITA”, and the annex to the “Fundamental principles for

the establishment of peace in Angola”, the Joint Political-Military

Commission (CCPM) has as its mission the overall political supervision

of the cease-fire process. It will have the duty to see that the Peace

Accords are applied, thereby guaranteeing strict compliance with all

political and military understandings, and to make the final decision on

possible violations of those Accords.

2. CCPM will have the authority necessary to approve all rules relating

to its own functioning, particularly its own internal regulations. Its

decisions will be made by consensus between the Government of the

People’s Republic of Angola and UNITA, after hearing the opinion of the

Observers.

Sole paragraph. CCPM does not seek to replace the Government of the

People’s Republic of Angola.

3. In the light of the foregoing, CCPM, with headquarters in Luanda,

should structure itself so as to:

3.1 Guarantee the conditions of peace for the holding of free, fair,

multi-party, and internationally verifiable elections;

3.2 Ensure the fulfillment of all the political understandings resulting

from the Peace Accords relating to the electoral process;

3.3 Supervise the implementation of the Cease-Fire Agreement within

the framework of the Joint Verification and Monitoring

Commission (CMVF) and cooperate with the representatives of

the United Nations;

3.4 Inform itself about, possible threats to the territorial integrity of

the country;

3.5 Discuss, within the sphere of its authority, questions relating to

Angolan exiles.

4. CCPM is to be constituted at the time of the signature of the Cease-

Fire Agreement.

5. CCPM shall be composed of representatives of the Government of the

People’s Republic of Angola and of UMITA as members, and by

representatives of Portugal, the United States and the Soviet Union as

observers. The United Nations may be represented, in the capacity o£

invited guest.

5.1 Members and observers shall be supported by assistants and technical

advisers for the areas assigned to them, namely:

(a) Joint Cease-Fire Verification and Monitoring Commission

(CMVF);

(b) Joint Commission for the Formation of the Angolan Armed Forces

(CCFA);

(c) The Political Commission.

Sole paragraph. In the case of the members of CCPM, the assistants and

technical advisers will have to be Angolans.

6. The meetings of CCPM shall be presided over, alternately in

accordance with the principle of rotation, by the Government of the

People’s Republic of Angola and by UNITA, without prejudice to the

principle of consensus in the decision-making process.

7. It shall be the responsibility of CCPM to draft its internal regulations,

as well as to determine its budget.

8. The mandate of CCPM ends on the date the elected Government takes

office.

III. PRINCIPLES RELATING TO THE ISSUE OF INTERNAL

SECURITY DURING THE PERIOD BETWEEN THE ENTRY INTO

FORCE OF THE CEASE-FIRE AND THE HOLDING OF

ELECTIONS

2.2 Within the sphere of their authority, the monitoring teams shall

have as their specific mandate the duty to visit police facilities, examine

their activities, and investigate possible violations of political rights

committed by the police. These teams may move freely throughout the

entire territory of Angola.

2.3 The monitoring teams are subordinate to CCPM, and must submit

reports of their activities to that body.

2.4 In principle, there will be three monitoring teams for each Angolan

province. CCPM may modify the number of monitoring teams in

accordance with the needs of each province.

Prisoner Reform: Bicesse Accords

Written by

Cease-fire Agreement

II. ENTRY INTO FORCE OF THE CEASE-FIRE

3. The cease-fire entails the release of all civilian and military prisoners

who were detained as a consequence of the conflict between the

Government of the People’s Republic of Angola and UNITA.

Verification of such release will be performed by the International

Committee of the Red Cross.

Police Reform: Bicesse Accords

Written by

Attachment IV

III. PRINCIPLES RELATING TO THE ISSUE OF INTERNAL

SECURITY DURING THE PERIOD BETWEEN THE ENTRY INTO

FORCE OF THE CEASE-FIRE AND THE HOLDING OF

ELECTIONS

3.1 Consonant with the invitation from the Government, UNITA will

participate in the police force that is responsible for maintaining public

order.

3.2 To that end, shortly after entry into force of the cease-fire, and as a

means of strengthening trust between the parties, the availability of

vacancies in the ranks of the police force to be filled by personnel

designated by UNITA will be guaranteed, and those personnel will be

given appropriate training.

Military Reform: Bicesse Accords

Written by

Attachment II

Fundamental principles for the establishment of peace in Angola

Point 6

The process of creating the National Army will begin with the entry into force of the cease-fire and will be concluded on the date of the elections, under terms to be agreed on between the Government of the People’s Republic of Angola and UNITA. The neutrality of the National Army in the electoral process will be guaranteed by the Angolan parties, acting within the framework of CCPM, with the support of the international monitoring group.

Attachment IV

Protocol of Estroil

VI. FORMATION OF THE ANGOLAN ARMED FORCES

A. Identification and general principles

Whereas the peace process between the Government of the People’s Republic of Angola and UNITA presupposes the need to form armed forces, The Government of the People’s Republic of Angola and UNITA agree to the following:

1. An Angolan Armed Forces shall be formed.

2. The Angolan Armed Forces:

(a) Shall have as their overall mission the defence and safeguarding of independence and territorial integrity;

(b) May, in compliance with provisions of law, perform other missions of general interest that are the responsibility of the State, or collaborate in tasks related to satisfying the basic needs and improving the quality of life of the population, without prejudice to the aforesaid overall mission;

(c) Shall be composed exclusively of Angolan citizens; furthermore, its organizational structure is unitary for the entire territory;

(d) Shall have such composition, high command structure, troops, mechanisms, and equipment as determined in accordance with foreseeable external threats and the country’s socio-economic conditions;

(e) Are non-partisan and obey the competent organs of sovereignty, within the principle of subordination to political authority;

(f) Swear publicly to respect the Constitution and other laws of the Republic.

3. Members of the military on active duty shall enjoy active voting status, but may not use their duties or the structural units of the Angolan Armed Forces to interfere in any other partisan political or union activities.

4. The process of formation of the Armed Forces shall begin with the entry into force of the cease-fire and end on the date of the elections.

5. The process of formation of the Armed Forces shall evolve simultaneously with the assembly, disarmament, and integration into civilian life of the troops that are gradually being demobilized as a consequence of the cease-fire. 

6. Recruitment into the Angolan Armed Forces during the period prior to the elections shall proceed in accordance with the principle of free will, drawing from the ranks of troops that are now part of FAPLA and FALA.

7. It is mandatory that all military personnel incorporated into the Angolan Armed Forces prior to the date of the elections, attend professional training courses with a view to achieving unification in terms of doctrine and procedure that is conducive to the development of an essential esprit de corps.

8. The neutrality of the Armed Forces during the period prior to the holding of the elections shall be guaranteed by the Angolan parties acting within the framework of CCPM and the Joint Commission for the Formation of the Armed Forces (CCFA).

9. By the time the elections are held, only the Angolan Armed Forces shall exist; there may be no other troops whatsoever. All members of the present armed forces of each party who do not become members of the Angolan Armed Forces shall be demobilized prior to the holding of elections.

10. Both parties agree that individual rights acquired by military personnel of the Angolan Armed Forces during the period prior to the elections shall continue to be assured, and that the structural units created up to that point to consolidate those same Armed Forces shall be safeguarded.

11. The units of the Angolan Armed Forces shall be formed beginning at the platoon level.

B. Troop strength

1. The parties agree that the troop strength of the Angolan Armed Forces by the time of the elections shall be as follows:

  • Army 40,000
  • Air Force 6,000
  • Navy 4,000

2. Army personnel shall be distributed in accordance with the following

plan:

• 15,000 operations soldiers, 7,200 of whom shall belong to the Military Regions, 4,800 to the Army General Reserve and 3,000 to the Special Forces;

• 15,000 soldiers for support services and administration;

• 6,000 non-commissioned officers;

• 4,000 officers.

3. Each of the parties shall provide the Army with a total of 20,000 men, distributed as follows:

• 15,000 soldiers, of whom 7,500 are to be operations personnel;

• 3,000 non-commissioned officers;

• 2,000 officers.

4. The first troops assigned to the Air Force and Navy shall be furnished from the respective bi inches of the FAPLA, inasmuch as FALA does not have such units. As soon as the process of training the Angolan Armed Forces begins, UNITA will be able to participate in the Air Force and Navy under terms to be defined within the framework of CCFA.

5. The Navy and the Air Force shall be subject to verification and monitoring, without prejudice to their being permitted to carry out controlled missions as a means of assuring their operationally and the defence of economic interests. As soon as the Navy and the Air Force units become part of the Angolan Armed Forces, they shall be subordinate to the High Command of the Angolan Armed Forces.

C. Command structures of the Angolan Armed Forces

1. General Principles

(a) A Joint Commission for the Formation of the Armed Forces

(CCFA) shall exist, created specifically to direct the process of formation of the Angolan Armed Forces and subordinate to the CCPM;

(b) The Angolan Armed Forces Command Structure, including the High Command of the Angolan Armed Forces and the commands of the three branches (Army, Air Force and Navy) is shown on the diagram in the annex;

(c) The entire command structure of the Angolan Armed Forces, although derived during the period of its formation from FAPLA and FALA, is to become strictly non-partisan and will receive directives and orders from only CCPM, CCFA and the Angolan Armed Forces chain of command;

(d) Appointments to the Angolan Armed Forces High Command and the commands of the three branches of the Angolan Armed Forces are to be proposed by CCFA and approved by CCPM;

(e) The logistics of the Angolan Armed Forces shall be joint, and a Logistical and Infrastructure Command, subordinate to the High Command of the Angolan Armed Forces, shall be created for this purpose.

2. Joint Commission for the Formation of the Armed Forces

(a) CCFA, which is directly subordinate to CCPM, constitutes the transitional body, until the date of the elections, between the politicalmilitary echelon and the Angolan Armed Forces echelon;

(b) CCFA is to be composed of representatives of FAPLA and FALA as members, assisted by representatives of the country (ies) selected to advise them during the formation process of the Angolan Armed Forces;

(c) The duties of CCFA shall be as follows; however, other duties may be assigned to it by CCPM:

• Propose to CCPM the rules applicable to the Angolan Armed Forces;

• Propose to CCPM the budget to be allocated to the Angolan Armed Forces [for the period] prior to the elections;

• Undertake strategic planning for the Angolan Armed Forces [during the period] prior to the elections;

• Propose to CCPM the criteria for selecting personnel from FAPLA and FALA for purposes of forming the Angolan Armed Forces;

• Propose to CCPM the names of the principal commanding officers of FAA, down to and including the brigade echelon;

• Draft directives concerning the phasing of the process of staffing the structural units of FAA.

3. Angolan Armed Forces High Command

(a) The overall mission of the High Command of the Angolan Armed Forces is to detail the generic directives received from CCFA, with a view to staffing the structural units and supporting the forces;

(b) The High Command is composed [during the period] prior to the elections, of two general officers having equal rank, designated by each of the parties. Its decisions shall be valid only when signed by those two general officers;

(c) The High Command is assisted by the Angolan Armed Forces Genera] Staff (EMGFAA), which shall have at least the following staff units, headed by general officers or by field officers:

• Office staff;

• Planning and organization staff;

• Military doctrine and instruction staff;

• Legislation staff;

• Information staff;

• Public relations staff;

• Justice and discipline staff;

• Operations staff.

4. Army Command

(a) The Army Command shall be structured in due course by the Command of the Angolan Armed Forces, within the framework of CCFA, and subject to approval by CCPM;

(b) The structure of the Army Command shall accommodate the military regions and military zone(s) in a position directly subordination to the General Army Chief of Staff (CEME), whose duties are yet to be defined, but which may includes organizing and

preparing the forces, training, justice and discipline and logistical support to the assigned forces;

(c) Each military region shall be commanded by a Commanding

General, assisted by a Deputy General and by a Headquarters General.

The Military Zones shall be commanded by general officers;

(d) The headquarters of the military regions and zone(s) are as

follows:

Northern Military Region, with headquarters in Uige;

Central Military Region, in Huambo;

Eastern Military Region, in Luena;

Southern Military Region, in Lubango;

The Cabinda Military Zone;

(e) The system of forces shall be constituted on the basis of units at the brigade level and other forces that may be assigned to the military regions/zone(s) or maintained in the Army Reserve or the Angolan Armed Forces Reserve.

5. Air Force

The Air Force shall be formed on the basis of the FAPLA Air Force, in accordance with the provision in section B, items 4 and 5 above. The details will be contained in directives issued by CCFA.

6. Navy

The Navy shall be formed on the basis of the FAPLA navy, in accordance with the provision in section B, items 4 and 5 above. The details will be contained in directives to be issued by CCFA.

7. Logistical and Infrastructure Command

(a) The Logistical and Infrastructure Command is to be created, and is to be directly subordinate to the High Command of the Angolan Armed Forces;

(b) The Logistical and Infrastructure Command shall have as its overall function to plan and propose administrative and logistical support for the Angolan Armed Forces and guarantee that it is provided to the Angolan Armed Forces via common services. In particular, it will be responsible for the logistics of production and procurement;

(c) The Logistical and Infrastructure Command is to be commanded by a General, assisted by a Second Commander (a general officer) and by a General Staff that, initially, will include the following:

– Infrastructure Staff;

– Common Services Staff;

– Re-equipment Staff;

– Finance Staff;

(d) The Logistical and Infrastructure Command has command over those support units that may be assigned to it.

8. Phasing and establishing the timetable for the process

(a) The process of forming the Angolan Armed Forces shall proceed in phases, as follows:

– First phase: appointment of CCFA – prior to the entry into force of the cease-fire;

– Second phase: appointment of the Angolan Armed Forces High Command;

– Third phase: appointment of the commands of the subunits;

– Fourth phase: appointment of the commanders of the Military Regions and the brigade commanders;

– Fifth phase appointment of the commands of the three branches;

(b) Immediately following the appointment of each command, the General Staffs are to be organized;

(c) The administrative and logistical support system is organized within the principle of transformation, without loss or rupture of existing structures, in accordance with EMUFAA plans approved by CCFA.

Electoral/Political Party Reform: Bicesse Accords

Written by

Attachment II

Point 2

At the moment the cease-fire enters into force, UNITA will acquire the right to conduct and freely participate in political activities in accordance with the revised Constitution and the pertinent laws for the creation of a multi-party democracy.

Point 4

Free and fair elections for a new Government will take place following voter registration conducted under the supervision of international elections observers, who will remain in Angola until they certify that the elections were free and fair and that the results have been officially announced. At the time of the signature of the cease-fire, the parties will determine the period within which free and fair elections must be held.

The exact date of said elections will be established through consultation with all political forces in Angola.

 

IV. POLITICAL RIGHTS TO RE EXERCISED BY UNITA

FOLLOWING THE CEASE-FIRE

1. According to the provisions contained in the document entitled “Concepts for resolving the issues still pending between the Government of the People’s Republic of Angola and UNITA”, and in the document on “Fundamental principles for the establishment of peace in Angola”, at the time of entry into force of the cease-fire, UNITA will acquire the right to conduct and freely participate in political activities, according to the revised Constitution and the pertinent laws for the creation of a multiparty democracy, particularly including the following rights:

(a) Freedom of expression;

(b) The right to present, publish, and freely debate its political programme;

(c) The right to recruit and enroll members;

(d) The right to hold meetings and demonstrations;

(e) The right of access to the government media;

(f) The right to free movement and personal sanity of its members;

(g) The right to present candidates in the elections;

(h) The right to open headquarters and representative offices anywhere in Angola.

2. Without prejudice to the stipulations of the previous paragraph, which permit UNITA to exercise those rights immediately, UNITA must, after entry into force of the cease-fire, satisfy the formal requirements for its registration as a political party pursuant to the “Political Parties Law” of the People’s Republic of Angola

Disarmament: Bicesse Accords

Written by

Appendix 4

Rules of conduct for the troops in the areas of assembly

5. Custody of the weapons and munitions

(a) In each area of assembly, the armaments and the munitions shall be gathered at collection points, warehouses, sheds and fields that are adequately controlled and guarded and subject to inspection by the ceasefire verification and monitoring bodies;

(b) Only those individual weapons and munitions necessary for local security services, in accordance with the provision of 4 (b) above, may be distributed to the personnel; (c) Personnel shall be permitted access to the armaments in accordance with the maintenance and training programmes approved by the military commander and cleared by the cease-fire verification and monitoring bodies;

(d) The provision in No. 7 constitutes an exception to parts (a), (b) and (c).

7. Final destination of the troops and materiel in the areas of assembly

(b) The armaments, munitions and remaining matériel belonging to the units in each area of assembly are either to be moved to the training centres set up with a view to the formation of the Angolan Armed Forces, or delivered to warehouses. No demobilized individual shall be permitted to take any article of military matériel with him;