Demobilization: Bicesse Accords

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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:

F. PARAMILITARY FORCES

1. The paramilitary or militarized forces of both parties shall have been demobilized or integrated into the respective regular military forces by the time the cease-fire enters into force. 2. It shall be the responsibility of CMVF to verify the observance of the principle set forth in the previous provision.

 

Appendix 4

Rules of conduct for the troops in the areas of assembly

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

(a) The troops in each area of assembly shall either be moved to training centres with a view to the formation of the Angolan armed forces, or shall be demobilized;

 

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:

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.

 

Ceasefire: Bicesse Accords

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Attachment I

Cease-fire Agreement

I. DEFINITION AND GENERAL PRINCIPLES

1. The cease-fire consists of the cessation of hostilities between the Government of the People’s Republic of Angola and UNITA with a view to attaining peace throughout the national territory.

2. The cease-fire must be total and definitive throughout the national territory.

3. The cease-fire must guarantee the free circulation of persons and goods throughout the national territory.

4. Overall supervision of the cease-fire will be the responsibility of the Government of the People’s Republic of Angola and UNITA acting within the framework of the Joint Political-Military Commission (Commissaio Conjunta Politico-Milifcar (CCPM)) created pursuant to the annex to the document entitled “Fundamental Principles for the Establishment of Peace in Angola”. The United Nations will be invited to send monitors to support the Angolan parties, at the request of the Government of the People’s Republic of Angola.

5. The cease-fire includes the cessation of all hostile propaganda between the Government of the People’s Republic of Angola and UNITA at both the domestic and international levels.

6. After its entry into force, the cease-fire will obligate the Government of the People’s Republic of Angola and UNITA to refrain from acquiring lethal material. The United States and the Union of Soviet Socialist Republics informed the Government of the People’s Republic of Angola that they will support implementation of the cease-fire by ceasing to supply lethal material to any Angolan party and encouraging other countries to act in a similar fashion.

 

II. ENTRY INTO FORCE OF THE CEASE-FIRE

1. Full entry into force of the cease-fire entails strict observance of the commitments assumed by the Government of the People’s Republic of Angola and UNITA as well as of the decisions made by bodies having the authority to verify and monitor the cease-fire.

2. Observance of the cease-fire shall not endanger logistical supplier of non-lethal material for the military forces present [in the area].

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.

4. The cease-fire applies to all foreign forces present in Angolan territory.

5. Entry into force of the cease-fire shall not endanger the sovereignty and territorial integrity of Angola.

6. The cease-fire will, beginning on the date and time agreed upon for its entry into force, entail the cessation of:

(a) All armed air, land or sea attacks, as well as all actions of sabotage;

(b) All offensive movement of troops or armed groups;

(c) Attempts to occupy new ground positions and the movement of military forces and resources from one area to another without prior agreement between the parties;

(d) All military maneuvers aimed at installing weapons with the capability to endanger the safety of settlements and the economic, administrative and military infrastructures;

e) Patrol activities outside the areas to be demarcated around the areas of assembly for the troops of the Government of the People’s Republic of Angola and UNITA;

(f) All acts of violence against the civilian population;

(g) The planting of new mines and actions aimed at impeding activities to deactivate mines;

(h) Unjustified restrictions or impediments on the free circulation of persons and goods;

(i) Any other actions that may impede the normal evolution of the cease-fire process;

(j) Receipt of lethal material, regardless of its origin.

7. Failure to observe any of the provisions set forth above constitutes a violation of the cease-fire, without prejudice to decisions made by the verification and monitoring groups in the performance of their duties.

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:

C. THE AREAS OF ASSEMBLY

1. All the armed forces shall be assembled 60 days following the entry into force of the cease-fire, in the areas specified in appendix 2. In so far as possible, those areas shall be situated away from major population centres.

2. An organic unit, with its allotment of personnel and materials, shall be situated in each area of assembly.

3. Each area of assembly shall have a contingent of troops numbering at least 100 men.

4. The areas of assembly shall be surrounded by security zones having a maximum radius of 10 kilometers. The parties shall notify the monitoring groups as to the distance they are actually adopting for each of those areas.

5. Within the respective areas of assembly, the forces of both parties shall fully respect the rules of conduct contained in appendix 4.

 

 

Arms Embargo: Bicesse Accords Implementation

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Attachment III

  1. The cease-fire agreement will oblige the parties to cease receiving= lethal material. The United States, the Union of Soviet Socialist Republics, and all other countries will support the implementation of the cease-fire and will refrain from furnishing lethal material to any of the Angolan parties.

Verification: The Declaration of Cessation of Military Hostilities

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Terms of Reference for the Military Observation Team on the Cessation of Military Hostilities – EMOCHM

 

i. Designation

 

Military Team of International Observers for the Cessation of Military Hostilities – EMOCHM.

 

ii. Participating Countries

 

The EMOCHM is composed of following countries weights:

 

Botswana; Zimbabwe; South Africa; Kenya; Cape Verde; Portugal; Italy; Great Britain and United States of America.

 

iii. General Principles and Mission

 

The delegations agreed:

 

1) With the need for the immediate and definitive cessation of military hostilities;

 

2) In preparation for a dialogue at the highest level between His Excellency Armando Emilio Guebuza, President of the Republic of Mozambique and His Excellency Afonso Dhlakama, President of the Renamo Party;

 

3) To promote and guarantee the spirit of reconciliation by ceasing all hostile manifestations including in social communication

 

4) With the Terms of Reference of the Military Observers, which includes 23 foreign military officers and 70 Mozambican officers, in the proposal of 50% of the Government and 50% of Renamo in the following terms and with the following mission:

 

To observe, monitor and guarantee the implementation of the process of cessation of military hostilities and the beginning of subsequent phases, in accordance with the terms of the Memorandum of Understanding, attached to these Terms of Reference and forming an integral part thereof;

 

IV. Mandate

 

The mandate of EMOCHM starts ten (10) days after its constitution and is in effect for a pardon of one hundred and thirty five (135) extendable days.

 

V. Organization and structure of the Team

 

5.1. Team composition

 

a) AEMOCHM consists of a total of three (93) Hommens, with one Command based in the city of Maputo and four (4) sub-teams deployed in the Provinces of Sofaia, Inhambane, Tete and Nampula.

 

(b) EMOCHM Central Command is headed by a Brigadier from Botswana and assisted by four (04) Coroneis, two (02) foreigners, one from Zimbabwe and one from Italy and two (02) national nominees one by the government and the other by Renamo, respectively; one (1) Lieutenant-Colonel and one (1) Major foreign.

 

c) The Sub-teams of Inhambane and Tete, are composed for four (04) foreigners of which one (01) Colonel; two (02) Lieutenant-Colonels; one (01) Major; and sixteen (16) national, eight (08) from the Government and eight (08) from Renamo, distributed as follows: two (02) Colonels; two (02) lieutenants-coroneis; six (06) Majors and six (06) Captains, making a total of twenty (20) Officers.

 

d) The Nampula sub-team is composed of four (04) foreigners, one of whom is a (01) Colonel; one (01) lieutenant colonel and two (02) majors. In terms of National Offices, the distribution made to the Provinces of Inhambane and Tete is applicable.

 

e) The Sofala Sub-team is composed of twenty-six (26) elements, of which six (6) foreigners are distributed as follows: one (01) Colonel; two (02) Lieutenant-Colonels and twenty (20) nationals, ten (10) from the Government and ten (1) from Renamo, two of whom (02) Coroneis; four (04) cornerstones; eight (8) majors and six (06) captains.

 

f) The origin of the foreign observers mentioned in the previous number and their distribution by Command and sub-teams are listed in tables 5.2 and 5.3.

 

g) The territorial distribution of the sub-teams of international military observers is not rigid and may be changed whenever the situation on the ground so requires.

 

6. Preparation and submission of reports

 

a) The Observers shall prepare reports of their activities and submit the heads of the parties, the Government and Renamo;

 

b) The parties shall determine the frequency of submission of reports by observers.

 

7. Operations

 

7.1. Reactive Operations

7.1.1 Status of the team of observers

a) Availability to fulfill the mission;

b) Observers shall be provided with the means to enable them to travel quickly to notified locals to ascertain irregularities.

 

7.1.2. Stress relief

a) Communication with and command structure of the parties;

b) Permit of free transit;

c) Investigate reported acts;

d) Formats and procedures of reports;

e) Sharing of information with the parties;

f) Security of the observer team;

g) Evacuation.

 

8. Ornamentation and Financing

 

The financing of the process of observation of the cessation of hostilities is the responsibility of the Mozambican State.

Police Reform: The Declaration of Cessation of Military Hostilities

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Memorandum of Understanding

The parties also understand that:

h) For the purpose of operationalizing the issues relating to the preceding paragraphs, the teams of military experts from both sides shall submit a document to the plenary, also containing questions concerning the integration of Renamo’s residual forces into the Defense Forces of Mozambique and Police of Republic of Mozambique and consequent framework of Renamo security.

k) The implementation of these principles should be monitored and monitored by the International Community through the Military Observation Team on the Cessation of Military Hostilities (EMOCHM);

Military Reform: The Declaration of Cessation of Military Hostilities

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Memorandum of Understanding

The parties affirm the constitutional princes, legislation of the Defense and Security Policy, as well as the prince of dialogue, collaboration and consultation that follow:

a)     The Defense and Security Forces must be Republican, that is, nonpartisan, serving the Republic of Mozambique with professionalism, respecting the constitutional order that is based on the Rule of Law, democracy and social justice;

b)     No party, political or related force shall use the Forces of Defense and Security shall be faithful to the Constitution of the Republic;

c)     The Defense and Security Forces must be faithful to the Constitution of the Republic;

d)     The organizational structure of the Defense Forces of Mozambique and the Police of the Republic of Mozambique may be changed, after hearing the National Defense and Security Council, in accordance with the law;

The parties also understand that:

h) For the purpose of operationalizing the issues relating to the preceding paragraphs, the teams of military experts from both sides shall submit a document to the plenary, also containing questions concerning the integration of Renamo’s residual forces into the Defense Forces of Mozambique and Police of Republic of Mozambique and consequent framework of Renamo security.

k) The implementation of these principles should be monitored and monitored by the International Community through the Military Observation Team on the Cessation of Military Hostilities (EMOCHM);

 

Disarmament: The Declaration of Cessation of Military Hostilities

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Memorandum of Understanding

The parties also understand that:

  1. I) After the entire process of integration and framing of the residual forces of Renamo, all military equipment will be delivered to the custody and disposal of the Defense and Security Forces.
  2. k) The implementation of these principles should be monitored and monitored by the International Community through the Military Observation Team on the Cessation of Military Hostilities (EMOCHM);

Demobilization: The Declaration of Cessation of Military Hostilities

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Memorandum of Understanding  

The parties also understand that:

  1. j) At the end of the process no party shall have residual armed forces outside the process of integration and law.
  2. k) The implementation of these principles should be monitored and monitored by the International Community through the Military Observation Team on the Cessation of Military Hostilities (EMOCHM);

Amnesty: The Declaration of Cessation of Military Hostilities

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Amnesty Law

 

Since it is necessary to promote political stability, everlasting peace, trust, guarantees, and national reconciliation, under the protection of item V, number 2, of the article 179 of the Constitution of the Republic, the Republican Assembly determine:

Article 1

 

1. Citizens who have committed crimes against the State Security provided for and punished by Law no. 19/91, of August 16 and military crimes or related crimes provided for and punished by Law no. 17/87 of 21 October.

 

2. Amnesty shall apply to crimes committed against persons and property in connection with military or related hostilities occurring throughout the national territory from March 2012 until the date of entry into force of this law.

 

3. Amnesty also applies to similar cases in the Dondo District, Savane Administrative Post in 2002, the District of Cheringoma in 2004 and the District of Marínguè in 2011.

 

4. Crimes of any nature related to military crimes and crimes against State Security are considered to be connected.

 

Article 2

 

The State guarantees protection against any criminal proceedings concerning acts and facts covered by Amnesty.

 

Article 3

 

This law shall enter into force on the date of its publication.

 

Memorandum of Understanding

 

The parties also understand that:

 

f) After military hostilities, no element belonging to either party may be prosecuted on the basis of acts and facts resulting from such hostilities or related situations.

 

g) For the purposes of the aforementioned paragraph, the parties agree on the need to approve an amnesty law, in this session of the Assembly of the Republic.

 

Mechanisms of Guarantee

 

The parties, in good faith, in the spirit of consolidating National Unity and preserving lasting Peace in our country, as well as the principle of collaboration, consultation and dialogue, guarantee to the Mozambican people and the present understandings and commit to:

 

e) Once the amnesty has been declared, in the light of the agreements reached between the Government of the Republic of Mozambique and Renamo, any subsequent act constituting a unilateral violation or abandonment of the agreed princes shall be processed, processed and punished in accordance with the applicable legislation;