Decentralization/Federalism: Luena Memorandum of Understanding

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CHAPTER 1: SUBJECT AND PRINCIPLES:

1 — SUBJECT

1.2. The objective of the Memorandum of Understanding is collaboration between the parties for the resolution of negative military factors posing an obstacle to the Lusaka Protocol, and the creation of conditions for its definitive conclusion.

2 — FUNDAMENTAL PRINCIPLES

2.2. The parties reiterate their unequivocal acceptance of the validity of pertinent political-juridical instruments, namely the Lusaka Protocol and UN Security Council resolutions related to the Angolan peace process.

Lusaka Protocol: Annex 6: Agenda Item II.4: National Reconciliation: I. General Principles

4. National Reconciliation implies:(d) That, in accordance with Article 54(d) and (e) and Article 89(c) and (d) of the Constitutional Law of the Republic of Angola, the administration of the country be effectively decentralized and deconcentrated.

5. Within the framework of National Reconciliation and without prejudice to the principle of national unity, the concretization [sic] of decentralization and administrative deconcentration, as stipulated in Paragraph 4(d) of the General Principles, shall be carried out.

Electoral/Political Party Reform: Luena Memorandum of Understanding

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CHAPTER 1: SUBJECT AND PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING

1 — SUBJECT

1.2. The objective of the Memorandum of Understanding is collaboration between the parties for the resolution of negative military factors posing an obstacle to the Lusaka Protocol, and the creation of conditions for its definitive conclusion.

2 — FUNDAMENTAL PRINCIPLES

2.2. The parties reiterate their unequivocal acceptance of the validity of pertinent political-juridical instruments, namely the Lusaka Protocol and UN Security Council resolutions related to the Angolan peace process.

LUSAKA PROTOCOL

ANNEX 6: AGENDA ITEM II.4: NATIONAL RECONCILIATION: I. GENERAL PRINCIPLES

2. National Reconciliation, today a national imperative, is the expression of the people’s will which is translated unequivocally by the political will of the Government of the Republic of Angola and UNITA to live together within the Angolan constitutional, political and legal framework, reaffirming particularly their respect for the principles of accepting the will of the people expressed through free and fair elections and the right to opposition.

4. National Reconciliation implies: (c) That, in the pursuit of national interest, UNITA members participate adequately at all levels and in the various institutions of political, administrative and economic activity.

Annex 7: Agenda Item II.5: Completion of the Electoral Process: I. GENERAL PRINCIPLES

1. As in every democratic and multiparty society, the participation of all citizens in the definition of the national political, social and economic guidelines and options, as well as in the free choice of the country’s leaders, is guaranteed by respect for the principle of the expression of the people’s will in periodic, free and fair elections and acceptance of their results.

2. The Angolan electoral process, initiated with the election s provided for in the “Acordos de Paz para Angola ” (Bicesse) remains to be concluded because of the postelectoral crisis. Under the terms of article 147 (3) of Law 5/92 of 16 April 1992, the electoral process should be concluded with the holding of the second round of the presidential elections.

Powersharing Transitional Government: Luena Memorandum of Understanding

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(CHAPTER 1) SUBJECT AND PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING

1 — SUBJECT

1.2. The objective of the Memorandum of Understanding is collaboration between the parties for the resolution of negative military factors posing an obstacle to the Lusaka Protocol, and the creation of conditions for its definitive conclusion.

2 — FUNDAMENTAL PRINCIPLES

2.2. The parties reiterate their unequivocal acceptance of the validity of pertinent political-juridical instruments, namely the Lusaka Protocol and UN Security Council resolutions related to the Angolan peace process.

LUSAKA PROTOCOL (Annex 6: Agenda Item II.4: National Reconciliation: I. General Principles):

4. National Reconciliation implies: (c) That, in the pursuit of national interest, UNITA members participate adequately al all levels and in the various institutions of political, administrative and economic activity.

Annex 6: Agenda Item II.4: National Reconciliation:II. Specific Principles:

7. In the context of national reconciliation, all the first 70 deputies elected on the lists of UNITA candidates in the September 1992 legislative elections shall, except in the cases provided for under article 165 (3) of Law 5/92 of 16 April, be installed in their functions in the National Assembly. The vacancies existing under the terms of article 165 (3) of Law 5/92 of 16 April shall be filled in accordance with the law. The first 70 deputies elected on the lists of UNITA candidates, all those who have already assumed their functions and those who have not yet done so, shall constitute the UNITA parliamentary group. The deputies of the UNITA parliamentary group designated by the party leadership and appointed to functions not compatible with their parliamentary duties shall be replaced in accordance with articles 168 and 169 of Law 5/92 of 16 April. All the deputies in the National Assembly shall enjoy the rights, freedoms, guarantees, immunities and privileges provided by the law.

Annex 6: Agenda Item II.4: National Reconciliation: III. Modalities:

1. In application of the relevant provisions of Article 4 (c) of the general principles of National Reconciliation above, the concrete modalities of participation by UNITA in the various posts in the Government, State administration and diplomatic missions abroad, as agreed between the Government and UNITA and which appear in a document which is an integral part of the annex of the Lusaka Protocol relating to National Reconciliation, shall be specified in a letter to be written by the Angolan authorities to the leaders of that party.

8. In application of the provisions of para. 4 (c) of the general principles relating lo National Reconciliation above, members of UNITA appointed to exercise functions in the Central Government and diplomatic missions abroad, the deputies referred to in para. 7 of the specific principles relating to National Reconciliation above, and the UNITA members who will take up posts in the senior ranks of the National Police, shall assume their functions, al the latest, immediately following the completion of the procedures referred to in para. 3 of the specific principles relating lo agenda item II (1) (b). In any of these cases, if the requisite conditions are certified as fulfilled for the purpose, implementation of the preceding provisions of the present para. 8 of the modalities of National Reconciliation shall be brought forward through agreement between the Government and UNITA.

9. The replacement of any holder of the offices allocated to UNITA at all levels of State administration, during the period that the Lusaka Protocol remains in force, shall be effected in accordance with the provisions of the Protocol. Document relating to UNITA’s participation in the central, provincial and local administration and in the diplomatic missions abroad, in accordance with article 1 of the modalities of national reconciliation.

1. Posts within the Central Administration

(i) Ministers

1. Minister of Geology and Mines

2. Minister of Trade

3. Minister of Health

4. Minister of Hotel Business and Tourism

(ii) Deputy Ministers

1. Deputy Minister of Defense

2. Deputy Minister of Home Affairs

3. Deputy Minister of Finance

4. Deputy Minister of Agriculture

5. Deputy Minister of Public Works

6. Deputy Minister of Social Reintegration

7. Deputy Minister of Mass Communication

(iii) Ambassadors

1. Ambassador of Angola in Canada

2. Ambassador of Angola in Mexico

3. Ambassador of Angola in India

4. Ambassador of Angola in Cape Verde

5. Ambassador of Angola in Poland

6. Ambassador of Angola to UNESCO

Cease Fire: Luena Memorandum of Understanding

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Chapter 1: Subject and Principles of the Memorandum of Understanding

1.1 SUBJECT

1.2. The objective of the Memorandum of Understanding is collaboration between the parties for the resolution of negative military factors posing an obstacle to the Lusaka Protocol, and the creation of conditions for its definitive conclusion.

2 – FUNDAMENTAL PRINCIPLES

2.2. The parties reiterate their unequivocal acceptance of the validity of pertinent political-juridical instruments, namely the Lusaka Protocol and UN Security Council resolutions related to the Angolan peace process.

3 – CESSATION OF HOSTILITIES AND PENDING MILITARY ISSUES UNDER THE TERMS OF THE LUSAKA PROTOCOL

A) CEASE-FIRE

3.1 The parties reiterate their engagement in the scrupulous fulfillment of their commitments and obligations relating to the task of reestablishing the cease-fire (in the spirit foreseen in Annex 3, Point II. 1 of the Work Agenda – Military Issues I of the Lusaka Protocol).

3.2 In this sense, the Government, through the General Staff of the Angolan Armed Forces, and UNITA Military Forces, through the High General Staff, release and carry out a declaration recognizing a cease-fire aimed at ending the armed conflict in order to achieve peace and national reconciliation.

3.3 The task of reestablishing a cease-fire encompasses the following:

a) The cessation of all military actions throughout the country and the end of hostile propaganda.

b) The halting of all force movements in the reinforcement or occupation of new military positions, as well as the termination of all acts of violence against civilian populations and the destruction of property.

c) Regular information on the situation regarding positioning of units and all other paramilitary elements of UNITA Military Forces in probable zones or areas of military tension.

d) The guarantee of protection for people and their possessions, of resources and public assets, as well as the free circulation of persons and goods.

Lusaka Protocol: Annex 3: Agenda item II.1: Military issues (I) 1:

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

2. The re-established cease-fire shall be total and definitive throughout the national territory.

3. The re-established ceasefire shall guarantee the free circulation of persons and goods throughout the national territory.

4. Overall supervision, control and verification of the reestablished cease-fire will be the responsibility of the United Nations acting within the framework of its new mandate, with the participation of the Government and UNITA.

5. The re-established cease-fire shall include the cessation of all hostile propaganda between the Government of the Republic of Angola and UNITA, at both the national and the international level.

UN Peacekeeping Force: Lusaka Protocol

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ANNEX 3: AGENDA ITEM II.1: MILITARY ISSUES (I): III. MODALITIES:

6. Reinforcement of existing United Nations personnel, both military observers and armed peacekeeping forces.

Timetable of the Bilateral Cease-Fire Modalities:

Phase two: Step one begins with the reinforcement of existing United Nations personnel, both military observers and armed peacekeeping forces. This reinforcement will permit the withdrawal of UNITA military forces from areas that they occupy, the effective verification and monitoring of those being abandoned by UNITA military forces, and the verification and monitoring of Government forces which continue to remain “in situ”.

Verification/Monitoring Mechanism: Lusaka Protocol

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ANNEX 4: AGENDA ITEM II.1 (continued): MILITARY ISSUES (II)

II. Specific Principles

6. The joint commission to be set up within the framework of the new United Nations mandate, with the participation of the Government of Angola, UNITA, the United Nations and the observer countries will also see to it that the General and Specific Principles for the completion of the formation of FAA as well as for the process of selection and demobilization of excess military personnel of the sides are implemented.

ANNEX 8:

Agenda Item II.3: The United Nations Mandate, The Role of the Observers of the “Acordos de Paz” and the Joint Commission

C. THE JOINT COMMISSION

2. FUNCTIONS

2.1 To watch over the implementation of all the political, administrative and military provisions not yet implemented of the “Acordos de Paz para Angola” (Bicesse), and all the provisions of the Lusaka Protocol, in accordance with the understandings in the areas related to the military, national police, national reconciliation and completion of the electoral process.

2.3 To make the final decision on possible violations. In cases of violations of the agreements, proceed to adopt the necessary steps to establish the identify of the transgressor and make the final decision on addressing the above mentioned violations.

Detailed Implementation Timeline: Lusaka Protocol

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ANNEX 9: AGENDA ITEM II.5: OTHER PENDING ISSUES; TIMETABLE OF ACTIONS UNDER THE LUSAKA PROTOCOL:

1. D DAY:

  • Initalling of the Lusaka Protocol

  • Statements by the Government of the republic of Angola and the Leadership of UNITA on the importance and significance of pardon and amnesty.

  • Launching of the awareness campaign to sensitize Angolan and international public opinion, to promote the spirit of tolerance, coexistence and trust in Angolan society.

2. D + 10:

  • Meeting of the General Staffs of the FAA and of the UNITA military forces, under United Nations auspices and in the presence of the observer States, to establish the technical modalities for the cessation of hostilities “in situ”.

  • Establishment of the timetable and determination of the quartering areas for the Rapid Reaction Police by the United Nations and the Government, in the presence of UNITA and the representatives of teh observer States.

  • Formalization of participation by UNITA members in the National Police and in the Rapid Reaction Police.

3. Before D + 15:

  • Promulgation of the Law of Amnesty.

  • Definition of the modalities of implementing the annex relating to the special security arrangements guaranteed for the leaders of UNITA, and of special cases considered as such, but the Government and UNITA.

4. D + 5:

  • Formal signature of the Lusaka Protocol by the Government of the Republic of Angola and UNITA and commencement of its implementation.

  • Public statements by the Government and UNITA on the reestablished cease-fire.

  • Taking of office and assumption of duty of the members of the Joint Commission.

5. From D + 17:

  • Coming into force of the re-established cease-fire.

  • Strict compliance with the legislation in force and the relevant provisions of the Bicesse Accords and the Lusaka Protocol (General principle no. 3 of National Reconciliation).

  • All actions prescribed in the annex relating to Military Issues I of the Lusaka Protocol. (Timetable of the modalities of the bilateral cease-fire, Phase 1).

  • Installation of the Joint Commission in Luanda.

  • Formalization by the Government of Angola of the concrete modalities for UNITA’s participation in the various Government posts, in the State administration and in diplomatic missions abroad.

  • All actions prescribed in the annex relating to Military Issues II of the Lusaka Protocol (Timetable for the completion of the formation of the FAA and demobilization, Phase 1).

  • UNITA shall submit to the Angolan authorities the lists with multiple names of their members to fill each of the various posts in the Government and the State administration, as well as diplimatic missions abroad.

  • UNITA shall submit to the Angola Government a list containing the names and respective post of its leaders, with a view to the implementation of paragraph 10 of the modalities of national reconciliation.

6. D + 45:

  • All actions prescribed in teh annex relating to Military Issues I of the Lusaka Protocol (Timetable of the modalities of the bilateral cease-fire, Phase II).

7. From D + 180:

  • All actions prescribed in the annex relating to Military Issues II of the Lusaka Protocol (timetable of Modalities of the Completion of the formation of FAA and demobilization. Phase II).

  • After the conclusion of the withdrawal, quartering and disarming of UNITA military forces, the selection and incorporation of demobilized members of UNITA military forces into the National Police.

  • Professional training for personnel selected for incorporation into the National Police, including all personnel selected for the Rapid Reaction Police.

  • Certification by the United Nations that conditions have been fulfilled for the normalization of the State administration.

  • Normalization of the State administration.

  • Government of Angola takes over the management of State property.

  • Allocation to UNITA of adequate facilities of the use of the party and appropriate residences for its leaders, on the basis of availability.

  • Participation by UNITA members in the various levels of state administration, in accordance with the agreement reached under the terms of article 10 of the specific principles of National Reconciliation.

  • Participation by UNITA members in the central, provincial and local government, in the diplomatic missions abroad, in the National Assembly and in the senior ranks of the National Police, in accordance with the provisions of Paragraph 8 of the modalities of National Reconciliation.

  • In any of these cases, if the requisite conditions are certified as fulfilled for the purpose, implementation of the preceding provisions of the present item of the modalities of National Reconciliation shall be brought forward through agreement between the Government and UNITA.

8. D + 270

  • Completion of the transformation of the status of VORGAN.

9. From D + 455:

  • Final verification by the United Nations of compliance with the provisions of the Lusaka Protocol relating to the completion of the process of the formation of the Angolan Armed Forces and demobilization of excess personnel.

  • Conclusion of the professional training of the demobilized personnel of the UNITA military forces and their incorporation into the National Police, including the Rapid Reaction Police.

  • Statement by the United Nations that all requisite conditions have been fulfilled for the holding of the second round of the presidential elections.

  • Holding of the second round of the presidential elections, within the period determined by the National Assembly and investiture of the President elect of the Republic.

Observations:

1. The detailed timetable as well as the details of the tasks to be accomplished will be established by the Joint Commission.

2. No task shall be initiated until the previous one has been concluded.

3. Where conditions so permit, the timescales in the present timetable can be brough [sic] forward by agreement between the Government and UNITA.

Media Reform: Lusaka Protocol

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ANNEX 6: AGENDA ITEM II.4: NATIONAL RECONCILIATION:

II. Specific Principles:

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

3. Given the importance of the mass media sector for improving the climate of tolerance and mutual trust necessary for National Reconciliation, the right of access to State Press, Radio and Television is guaranteed to political parties provided the legislation in force, the Lusaka Protocol and the universal principles of the rule of law are complied with.

4. VORGAN, UNITA’s shortwave radio station, in the interests of National Reconciliation, shall continue, exceptionally, to broadcast in the context of the awareness campaign referred to in paragraph 1 of the Specific Principles, until D-Day + 9 months. By that date and in accordance with the relevant legislation in force (Laws 22/91 of 15 June and 9/92 of 16 April), the process of transformation of the status of VORGAN into a nonpartisan radio station broadcasting on the appropriate frequencies allocated to it shall have been completed.

Internally Displaced Persons: Lusaka Protocol

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ANNEX 7: AGENDA ITEM II.5: COMPLETION OF THE ELECTORAL PROCESS:

II: Specific Principles:

4. (b) Effective guarantee of the functioning of the State Administration and of the normalization of national life throughout the national territory, including the rehabilitation of communication routes and the resettlement of displaced persons.

Amnesty: Lusaka Protocol

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ANNEX 6 AGENDA ITEM II.4: NATIONAL RECONCILIATION: I. GENERAL PRINCIPLES:

5. In the spirit of National Reconciliation, all Angolans should forgive and forget the offenses resulting from the Angolan conflict and face the future with tolerance and confidence. Furthermore, the competent institutions will grant an amnesty, in accordance with Article 88 (h) of the Constitutional Law, for illegal acts committed by anyone prior to the signing of the Lusaka Protocol, in the context of the current conflict.

III. Modalities

5. On the day on which the Lusaka Protocol is initiated, the Government and the leadership of UNITA shall each issue a statement on the importance and meaning of pardon and amnesty, as referred to in para. 5 of the general principles relating to National Reconciliation above.

11. The period for the promulgation of the Law of Amnesty shall be specified in the timetable of the Lusaka Protocol.