Powersharing Transitional Government: Lusaka Protocol

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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.

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

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: Lusaka Protocol

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ANNEX 3: AGENDA ITEM 11.1: MILITARY ISSUES (1)

1. Re-establishment of the cease-fire;

I. Definition and General Principles

1. The reestablished 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 reestablished cease-fire shall be total and definitive throughout the national territory.

3. 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.

Specific Principles relating to the Reestablished Cease-fire

1. Bilateral and effective cessation of hostilities, movements and military actions “in situ” throughout the national territory.

2. Setting up of verification and monitoring mechanisms by the United Nations, within the framework of the new mandate.

3. Withdrawal and quartering of all UNITA military forces (paragraph 8 of United Nations Security Council resolution 864). UNITA shall provide the United Nations with updated, reliable and verifiable information concerning the composition of its forces, armament, equipment and their respective locations.

4. Verification and monitoring by the United Nations of all troops identified as FAA. The Government shall provide the United Nations with updated, reliable and verifiable information concerning the composition of its forces, armament, equipment and their respective locations.

5. The FAA will disengage from forward positions under an arrangement that will allow verification and monitoring by the United Nations during the withdrawal and quartering of UNITA military forces.

6. Repatriation of all mercenaries in Angola.

7. Free circulation of persons and goods.

8. Within the framework of the process of selection of the personnel for the completion of the formation of the FAA, the United Nations will carry out the collection, storage and custody of the armament of UNITA military forces at the time of quartering.

9. Collection, storage and custody of all the armament in the hands of civilians.

10. Release of all civilian and military prisoners detained or withheld as a consequence of the conflict, under the supervision of the ICRC.

Timetable of the Bilateral Cease-fire Modalities

D-DAY

Initialing of the agreement by the Government of the Republic of Angola and UNITA on general and specific principles and procedures concerning the agenda items of the Lusaka II Talks.

D + 10

Meeting of the general staffs of the FAA and the military forces of UNITA under United Nations auspices with UNAVEM and the observers present to establish the technical modalities of the cessation of hostilities “in situ” for:

1. The disengagement of forces;

2. Logistical matters;

3. The setting up of verification mechanisms;

4. Communication lines;

5. Movement itineraries;

6. Specific numbers, type and location of forces;

7. Quartering areas for UNITA forces.

D + 15

Date of the formal signing of the Protocol of Lusaka by the Government of the Republic of Angola and UNITA and beginning of its implementation. Public announcements by the Government of Angola and UNITA on the re-establishment of the cease-fire.

D + 17

Phase one

The first phase consists of five steps that must be taken by both sides:

1. Step one begins with the end of all offensive movements and military actions “in situ” throughout the national territory. Both sides are restricted from moving. The cessation of hostilities “in situ” means that military forces will stay where they are. Military forces can be supplied with food and medicines under the verification and monitoring of the United Nations. They cannot receive any military equipment, lethal or otherwise. All offensive movements and military actions are prohibited. Prior to the arrival of United Nations observers, the general staffs of both parties are encouraged to take joint measures to reduce the likelihood of cease-fire violations and to investigate incidents. The United Nations will be notified of the evacuation of sick and wounded combatants to ensure control and verification.

2. Step two begins with the installation of verification, monitoring and control mechanisms (to include triangular communications) by the United Nations. This step includes notification by each side of all the relevant military data to the United Nations. The United Nations will create and put in place UN teams to monitor and verify the cessation of hostilities throughout the national territory and investigate alleged cease-fire violations. United Nations assets will be deployed on a prioritized basis.

3. Step three begins with the release of all civilian and military prisoners detained or withheld as a consequence of the conflict, under the supervision of the ICRC.

4. Step four involves the limited disengagement of forces in areas where forces are in contact (both sides will disengage) under the supervision of the United Nations. Both sides will be made aware of any movements that occur. In places where troops are in contact, the forces of both sides will stop firing and position themselves in a defensive posture. Both sides will conduct a limited disengagement (this will be a small movement to avoid direct or indirect fire) with the assistance of the United Nations. The disengagement will be coordinated and agreed to by the United Nations, the FAA and UNITA forces. UNITA troops will pull back to an area designated by the United Nations and agreed to by the general staffs. FAA forces will pull back to their nearest barracks. The disengagement will be supervised by the United Nations. In places where FAA and the military forces of UNITA are not in contact, both sides will merely remain where they are. The United Nations will be officially informed of the locations of these units by both sides. The modalities of resupply specified in step one still apply. In all cases, both sides will furnish the United Nations with details concerning their respective forces to include number of men, composition and type of force, type of equipment and specific location. This will allow the United Nations to install the appropriate verification, monitoring or control mechanisms.

5. Step five involves the repatriation of all mercenaries in Angola.

D + 45

Phase two

The second phase consists of six steps:

1. 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 areas being abandoned by UNITA military forces, and the verification and monitoring of Government forces which continue to remain “in situ.”

2. Step two involves the United Nations in coordination with both sides establishing quartering areas, itineraries, and identifying means for the conduct of the movement of the military forces of UNITA to quartering areas. For United Nations planning purposes, the number of quartering areas is expected to be at least twelve. During this step, Government and UNITA forces continue to remain in place. Once conditions have been established for the quartering of UNITA forces, the United Nations will notify both sides of the specific modalities of the withdrawal.

3. Step three starts with the movement of the military forces of UNITA to quartering areas. As the military forces of UNITA withdraw, the United Nations will verify and monitor those areas being vacated. The FAA will continue to remain in place and wil l not be permitted to occupy the areas being abandoned by the military forces of UNITA until the integration of the military forces of UNITA into the FAA. At the same time as UNITA military forces are moving to quartering areas, Government forces, in coordination with the United Nations, can pull their forces back to areas where they can be easily verified and monitored by the United Nations. In most cases, Government forces will return to the areas where they are headquartered. The concept is that Government forces will be centralized for the ease of verification. However, no movement of forces will take place without United Nations notification and verification. Movements of forces will be progressively monitored and verified by the United Nations and will be conducted based on the availability of assets. United Nations personnel will be deployed in accordance with the new United Nations mandate.

4. Step four involves the completion of the quartering of the military forces of UNITA and the collection, storage and custody of their armaments under the supervision and control of the United Nations. It also includes the start of the collection, storage and custody of all the armaments in the hands of civilians by the National Police with verification and monitoring by the United Nations. The operation to collect all the lethal war materiel of UNITA’s military forces will be conducted directly by the general staff and the command elements of these troops under United Nations verification, monitoring and control. The United Nations will, as part of a consecutive action, collect this lethal war materiel and will proceed to store and take custody of it as previously agreed. Ammunition and materiel storage locations will be located in separate areas from the quartering locations.

5. Step five consists of the conclusion of the quartering process, the return of UNITA generals to the FAA, the beginning of the selection of the military forces of UNITA for FAA and demobilization of excess forces. Selection for the FAA and demobilization of the military forces of UNITA will only begin once the quartering process has been completed.

6. Step six includes the verification by the United Nations, in accordance with its mandate, of the free circulation of persons and goods.

Verification/Monitoring Mechanism: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

5. Establishment of the Aceh Monitoring Mission

5.1 An Aceh Monitoring Mission (AMM) will be established by the European Union and ASEAN contributing countries with the mandate to monitor the implementation of the commitments taken by the parties in this Memorandum of Understanding.

5.2 The tasks of the AMM are to:

a) monitor the demobilisation of GAM and decommissioning of its armaments,

b) monitor the relocation of non-organic military forces and non-organic police troops,

c) monitor the reintegration of active GAM members,

d) monitor the human rights situation and provide assistance in this field,

e) monitor the process of legislation change,

f) rule on disputed amnesty cases,

g) investigate and rule on complaints and alleged violations of the MoU,

h) establish and maintain liaison and good cooperation with the parties.

5.3 A Status of Mission Agreement (SoMA) between GoI and the European Union will be signed after this MoU has been signed. The SoMA defines the status, privileges and immunities of the AMM and its members. ASEAN contributing countries which have been invited by GoI will confirm in writing their acceptance of and compliance with the SoMA.

5.4 GoI will give all its support for the carrying out of the mandate of the AMM. To this end, GoI will write a letter to the European Union and ASEAN contributing countries expressing its commitment and support to the AMM.

5.5 GAM will give all its support for the carrying out of the mandate of the AMM. To this end, GAM will write a letter to the European Union and ASEAN contributing countries expressing its commitment and support to the AMM.

5.6 The parties commit themselves to provide AMM with secure, safe and stable working conditions and pledge their full cooperation with the AMM.

5.7 Monitors will have unrestricted freedom of movement in Aceh. Only those tasks which are within the provisions of the MoU will be accepted by the AMM. Parties do not have a veto over the actions or control of the AMM operations.

5.8 GoI is responsible for the security of all AMM personnel in Indonesia. The mission personnel do not carry arms. The Head of Monitoring Mission may however decide on an exceptional basis that a patrol will not be escorted by GoI security forces. In that case, GoI will be informed and the GoI will not assume responsibility for the security of this patrol.

5.9 GoI will provide weapons collection points and support mobile weapons collection teams in collaboration with GAM.

5.10 Immediate destruction will be carried out after the collection of weapons and ammunitions. This process will be fully documented and publicised as appropriate.

5.11 AMM reports to the Head of Monitoring Mission who will provide regular reports to the parties and to others as required, as well as to a designated person or office in the European Union and ASEAN contributing countries.

5.12 Upon signature of this MoU each party will appoint a senior representative to deal with all matters related to the implementation of this MoU with the Head of Monitoring Mission.

5.13 The parties commit themselves to a notification responsibility procedure to the AMM, including military and reconstruction issues.

5.14 GoI will authorise appropriate measures regarding emergency medical service and hospitalisation for AMM personnel.

5.15 In order to facilitate transparency, GoI will allow full access for the representatives of national and international media to Aceh.

Natural Resource Management: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.3 Economy

1.3.3 Aceh will have jurisdiction over living natural resources in the territorial sea surrounding Aceh.

1.3.4 Aceh is entitled to retain seventy (70) per cent of the revenues from all current and future hydrocarbon deposits and other natural resources in the territory of Aceh as well as in the territorial sea surrounding Aceh.

Detailed Implementation Timeline: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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Memorandum of Understanding

(15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.1 A new Law on the Governing of Aceh will be promulgated and will enter into force as soon as possible and not later than 31 March 2006.

1.2 Political participation

1.2.2 Upon the signature of this MoU, the people of Aceh will have the right to nominate candidates for the positions of all elected officials to contest the elections in Aceh in April 2006 and thereafter.

1.2.3 Free and fair local elections will be organised under the new Law on the Governing of Aceh to elect the head of the Aceh administration and other elected officials in April2006 as well as the legislature of Aceh in 2009.

1.2.4 Until 2009 the legislature of Aceh will not be entitled to enact any laws without the consent of the head of the Aceh administration.

1.2.5 All Acehnese residents will be issued new conventional identity cards prior to the elections of April 2006.

4. Security arrangements

4.4 The decommissioning of GAM armaments will begin on 15 September 2005 and will be executed in four stages and concluded by 31 December 2005.

4.6 The relocation of non-organic military and non-organic police forces will begin on 15 September 2005 and will be executed in four stages in parallel with the GAM decommissioning immediately after each stage has been verified by the AMM, and concluded by 31 December 2005.

5. Establishment of the Aceh Monitoring Mission

5.3 A Status of Mission Agreement (SoMA) between GoI and the European Union will be signed after this MoU has been signed. The SoMA defines the status, privileges and immunities of the AMM and its members. ASEAN contributing countries which have been invited by GoI will confirm in writing their acceptance of and compliance with the SoMA.

Economic and Social Development: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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MEMORANDUM OF UNDERSTANDING

(15 AUGUST, 2005)

1.3 Economy

1.3.1 Aceh has the right to raise funds with external loans. Aceh has the right to set interest rates beyond that set by the Central Bank of the Republic of Indonesia.

1.3.2 Aceh has the right to set and raise taxes to fund official internal activities. Aceh has the right to conduct trade and business internally and internationally and to seek foreign direct investment and tourism to Aceh.

1.3.3 Aceh will have jurisdiction over living natural resources in the territorial sea surrounding Aceh.

1.3.4 Aceh is entitled to retain seventy (70) per cent of the revenues from all current and future hydrocarbon deposits and other natural resources in the territory of Aceh as well as in the territorial sea surrounding Aceh.

1.3.5 Aceh conducts the development and administration of all seaports and airports within the territory of Aceh.

1.3.6 Aceh will enjoy free trade with all other parts of the Republic of Indonesia unhindered by taxes, tariffs or other restrictions.

1.3.7 Aceh will enjoy direct and unhindered access to foreign countries, by sea and air.

1.3.8 GoI commits to the transparency of the collection and allocation of revenues between the Central Government and Aceh by agreeing to outside auditors to verify this activity and to communicate the results to the head of the Aceh administration.

1.3.9 GAM will nominate representatives to participate fully at all levels in the commission established to conduct the post-tsunami reconstruction (BRR).

Cultural Protections: MoU between the Government of the Republic of Indonesia and the Free Aceh Movement

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MEMORANDUM OF UNDERSTANDING (15 AUGUST, 2005)

1. Governing of Aceh

1.1 Law on the Governing of Aceh

1.1.6 Kanun Aceh will be re-established for Aceh respecting the historical traditions and customs of the people of Aceh and reflecting contemporary legal requirements of Aceh.

1.1.7 The institution of Wali Nanggroe with all its ceremonial attributes and entitlements will be established.