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Key points of the Bicesse Accords
The Government of the People's Republic of Angola (GPRA) and the National Union for the Total Independence of Angola (UNITA), with mediation by the Government of Portugal and the participation of observers from the Governments of the United States of America (USA) and the Union of Soviet Socialist Republics (USSR),
Accept as binding the following documents, which constitute the Peace Accords for Angola:
a) The Ceasefire Agreement (including annexes I and II thereto);
b) Fundamental principles for the establishment of peace in Angola (including the annex thereto regarding the Joint Military Commission);
c) Concepts for resolving the issues still pending between the Government of the People's Republic of Angola and UNITA;
d) The Protocol of Estoril.
These peace accords were initialled on 1 May 1991 by the respective heads of delegation and subsequently approved by the GPRA and UNITA (as evidenced in the communication addressed to the Prime Minister of Portugal not later than 12 midnight on 15 May 1991, which entailed the de facto suspension of hostilities in Angola beginning on that date), and will enter into force immediately following their signature.
[Signatures]
President of the People's Republic of Angola
President of the National Union for the Total Independence of Angola
Ceasefire Agreement
The definition and principles define the ceasefire as the cessation of hostilities between the GPRA and UNITA with a view to attaining peace throughout the national territory. It indicates the ceasefire must be total and definitive throughout the national territory, and must guarantee the free circulation of persons and goods. Overall supervision of the ceasefire will be the responsibility of the GPRA and UNITA within the framework of the Joint Political-Military Commission (CCPM) created pursuant to the annex to the Fundamental Principles for the Establishment of Peace in Angola. The UN will be invited to send monitors to support the Angolan parties, at the request of the GPRA. The ceasefire includes the cessation of all hostile propaganda between the parties at domestic and international levels, and obliges the parties to refrain from acquiring lethal material. The US and USSR's commitment to not supplying lethal material to any Angolan party and to encouraging other countries to act similarly is noted.
The section on entry into force of the ceasefire indicates that strict observance of the commitments assumed by the parties is required, as well as of the decisions made by bodies with authority to verify and monitor the ceasefire. Among the issues addressed are logistical supplies of non-lethal material, the release of all civilian and military prisoners detained as a consequence of the conflict (verified by the International Committee of the Red Cross), and the application of the ceasefire to all foreign forces present in Angolan territory. The section lists all activities to be ceased. Failure to observe any of the provisions set forth above constitutes a violation of the ceasefire, without prejudice to decisions made by the verification and monitoring groups.
A Joint Verification and Monitoring Commission (CMVF) will be formed prior to entry into force of the ceasefire. Its composition is indicated, and it is stated that the CMVF will report to the CCPM. It will have the authority to create the monitoring groups necessary for full observance of the ceasefire. Such groups shall be subordinate to CMVF. The establishment and composition of monitoring groups is addressed, and some details of UN monitoring of the groups are provided. The bodies and mechanisms created to verify and monitor the ceasefire will cease to exist at the end of the ceasefire. Other provisions related to ceasefire verification and monitoring are set forth in annex I.
Regarding regulating the verification and monitoring measures, it is stated that the CMVF will have the authority necessary to ensure the effective observance of the ceasefire, and its particular duties are listed. The CMVF will decide on its own regulations, and also has the authority to define the functions and approve the regulations of any monitoring groups it establishes. The monitoring groups will make "on site" verifications of observance of the ceasefire to prevent, verify and investigate possible violations.
The timetable of the ceasefire (detailed further in annex II) gives dates of key events including the initialling of the Accord, the de facto suspension of hostilities, the signature and entry into force of the ceasefire, the establishment of monitoring groups, the installation of the UN verification system, and the movement of forces to areas of assembly. On the date of the elections, the ceasefire process will be completed and the verification and monitoring bodies will be abolished.
Annex I: Verification and monitoring of the ceasefire
Annex I specifies the provisions regarding the verification and monitoring of the ceasefire agreed by the parties.
The mandate and regulations of the Joint Verification and Monitoring Commission (CMVF) establish that the CMVF is responsible for the implementation and functioning of the ceasefire verification mechanisms. Its specific responsibilities are detailed. The composition, locations and guidelines for the CMVF are indicated, as are the frequency of its meetings, which will be presided over alternately by the GPRA and UNITA. The decisions of the CMVF, binding in nature, shall be made by consensus between the parties. 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.
Details on the verification and monitoring system are provided. On-site monitoring of the ceasefire is assured by the GPRA and by UNITA, through monitoring groups subordinate to the CMVF composed of 8 to 12 individuals from each party, in accordance with Appendix 1, Monitoring System, organizational Charts. The sites for the groups are referred to in Appendix 2, Areas of Assembly (listing the 27 areas of assembly for GPRA troops and 23 areas for UNITA troops) and Appendix 3, Airports and Ports (listing 32 airports and 22 ports). Liaison between the CMVF and the monitoring groups is assured by regional monitoring groups from six specified regions and sub-regions. UN personnel will verify whether the monitoring groups are assuming their responsibilities. Further details on the their role, responsibility for their security, and the support they require is provided.
The arrangements for the areas of assembly are stipulated. Among these are that all the armed forces shall be assembled 60 days following the entry into force of the ceasefire, in the areas specified in Appendix 2. The forces of both parties shall fully respect the rules of conduct contained in Appendix 4, Rules of Conduct for the Troops in the Areas of Assembly, The next sections address arrangements for supplies for the areas of assembly of each of the parties, and the border control posts listed in Appendix 5, Border Posts (listing 37 posts).
The paramilitary or militarized forces of both parties shall have been demobilized or integrated into the respective regular military forces by the time the ceasefire enters into force, verified by the CMVF. Other sections deal with the exchange of the military information listed in Appendix 6, Military Information to be Exchanged between the GPRA and UNITA (in which items of military information under the headings of Personnel, Equipment and Armaments, and Others are listed) and investigations into the existence of chemical weapons arsenals.
Annex II: Sequence of Tasks in the Different Phases of the Ceasefire
The Annex elaborates the timetable described in the agreement, the phases being: Preliminary Phase (1-15 May 1991); Phase I (15 – 29/31 May 1991, signature and entry into force of the agreement); Phase II (31 May – 30 June 1991, implementation of the monitoring system); Phase III (1 July – l August 1991, transfer of forces); Phase IV (1 August 1991 – date of elections, verification and monitoring of agreement).
Fundamental Principles for the Establishment of Peace in Angola
Point 1: Recognition by UNITA of the Angolan State, of President José Eduardo dos Santos and of the Angolan Government until the general elections are held.
Point 2: At the moment the ceasefire 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 3: The GPRA will hold discussions with all political forces in order to survey their opinions concerning the proposed changes in the Constitution. The GPRA will then work with all the parties to draft the laws that will regulate the electoral process.
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 ceasefire, 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.
Point 5: Respect for human rights and basic freedoms, including the right of free association.
Point 6: The process of creating the National Army will begin once the ceasefire comes into force of the ceasefire and will be concluded on the date under terms to be agreed on between the GPRA 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.
Point 7: Declaration and entry into force of the ceasefire throughout Angolan territory, in accordance with the agreement to be concluded on this subject between the GPRA and UNITA.
Annex
The annex contains the agreement between the parties to form the CCPM, at the time of the signature of the Fundamental principles for the establishment of peace in Angola. The composition, tasks and authorities of the CCPM are indicated. The CCPM is to see that the peace accords are applied, and to make the final decision on possible violations of those accords. It 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 GPRA and UNITA.
Concepts for resolving the issues still pending between the Government of the People's Republic of Angola and UNITA
1. At the moment the ceasefire 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. At the time of the signature of the ceasefire, the parties will determine the period within which they must hold free and fair elections. The exact date of said elections will be established through consultation with all political forces in Angola.
2. The GPRA will hold discussions with all political forces in order to survey their opinions concerning proposed changes in the Constitution. The GPRA will then work with all the parties to draft the laws that will regulate the electoral process.
3. The ceasefire agreement will oblige the parties to cease receiving lethal material. The USA, the USSR, and all other countries will support the implementation of the ceasefire and will refrain from furnishing lethal material to any of the Angolan parties.
4. Overall political supervision of the ceasefire process will be the responsibility of the Angolan parties, acting within the framework of CCPM. Verification of the ceasefire will be the responsibility of the international monitoring group. The UN will be invited to send monitors to support the Angolan parties, at the request of the GPRA. The Governments that are to send monitors will be chosen by the Angolan parties, acting within the framework of CCPM.
5. The process of creating the National Army will begin with the entry into force of the ceasefire and will be concluded on the date of the elections. 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. The Angolan parties reserve for later negotiations the discussions on the foreign assistance that may be necessary in order to form the National Army.
6. Free and fair elections for the new Government will take place 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.
Protocol of Estoril
Elections
It is stated that elections will take place. For the President of the Republic they will be by direct and secret suffrage, through a majority system, with recourse to a second round if necessary. For the National Assembly they will be by direct and secret suffrage, through a system of proportional representation at the national level. A process of consultations involving all Angolan political forces will determine whether they are held simultaneously, and also the duration of the official election campaign period. A technical opinion (non-binding on the parties) on the desirable duration will be obtained from a specialized international body such as the UN. Voting will be secret, and special provisions will be made for those who cannot read or write. These provisions will be included in the election law, to be drafted following the ceasefire, after a process of consultations between the GPRA and all Angolan political forces. All political parties and interested persons will have the opportunity to organize and to participate in the elections process on an equal footing, regardless of their political positions. Total freedom of expression, association, and access to the media will be guaranteed.
The parties have accepted the tripartite proposal by the delegations of Portugal, the US and the USSR, to the effect that elections will be held between 1 September to 30 November 1992. The parties have reached an understanding that the following tripartite declaration is to be taken into consideration in the discussion of the precise date: "Taking into consideration the logistical difficulties in organizing the elections process, specifically the desirability that the elections be held during the dry season, and the need to reduce the high costs that the international community will have to bear in monitoring the ceasefire, the delegations of Portugal, the United States and the Soviet Union heartily recommend that the elections be held during the first part of the suggested period, preferably between 1 September and 1 October 1992."
Joint Political-Military Commission (CCPM)
Regarding the CCPM, the document notes that according to the Concepts for resolving the issues still pending between the GPRA and UNITA and he annex to the Fundamental principles for the establishment of peace in Angola, the CCPM's mission is the overall political supervision of the ceasefire process. It will have the duty to see that the Peace Accords are applied, and to make the final decision on possible violations of those Accords. Its decisions will be made by consensus between the GPRA and UNITA, after hearing the opinion of the Observers. The CCPM does not seek to replace the GPRA, and its mandate ends on the date the elected Government takes office. The tasks for which the CCPM should structure itself to fulfil are listed, the composition the CCPM is stipulated, and it is indicated that its meetings shall be presided over alternately by the GPRA and by UNITA, without prejudice to the principle of consensus in the decision-making process. Details are given regarding support from advisers, and the CCPM's responsibilities for internal regulations and budget.
Principles relating to the issue of internal security during the period between the entry into force of the ceasefire and the holding of elections
It is indicated that all Angolans shall have the right to conduct and participate in political activities without intimidation, in accordance with the revised Constitution and pertinent laws for the creation of a multi-party democracy, and the provisions of the Peace Accords. Measures to verify and monitor the neutrality of the police through monitoring teams are set out, and the teams' composition, mandate and proposed quantity per province specified. The monitoring teams are subordinate to CCPM, and must submit reports of their activities to that body.
Consonant with the invitation from the Government, UNITA will participate in the police force that is responsible for maintaining public order. Guarantees are given regarding the availability of vacancies and training for UNITA recruits. UNITA will be responsible for the personal safety of its highest-ranking leaders, and the GPRA will grant police status to the UNITA members in charge of guaranteeing that safety.
Political rights to be exercised by UNITA following the ceasefire
According to the provisions contained in the Concepts for resolving the issues still pending between the GPRA and UNITA, at the time of entry into force of the ceasefire, 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 multi-party democracy. They particularly include: freedom of expression; the right to present, publish and freely debate its political programme; the right to recruit and enrol members; the right to hold meetings and demonstrations; the right of access to the government media; the right to free movement and personal safety of its members; the right to present candidates in the elections; and the right to open headquarters and representative offices anywhere in Angola. Without prejudice to these stipulations, which permit UNITA to exercise those rights immediately, UNITA must, after entry into force of the ceasefire, satisfy the formal requirements for its registration as a political party pursuant to the 'Political Parties Law'.
Administrative structures
Both parties accept the principle of the extension of the Central Administration to those areas of Angola that are presently beyond the range of its authority. Both parties recognize that such extension must not be made abruptly or endanger the free circulation of persons and goods, the activities of the political forces, and the execution of the tasks related to the electoral process. Both parties agree to leave for a later date the study of the implementation of such extension, which will be carried out within the framework of CCPM by competent teams composed of representatives of the GPRA and UNITA.
Formation of the Angolan Armed Forces
Regarding Identification and General Principles, the parties agree that an Angolan Armed Forces (FAA) shall be formed. The FAA's overall mission is specified as the defence and safeguarding of independence and territorial integrity. The FAA's composition shall be exclusively Angolan citizens, its organizational structure unitary. It 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. The FAA are non-partisan and obey the competent organs of sovereignty within the principle of subordination to political authority, and swear publicly to respect the Constitution and other laws of the Republic. Members of the military on active duty shall enjoy active voting status, but may not use their duties or the structural units of the FAA to interfere in any other partisan political or union activities.
The process of formation of the Armed Forces shall begin with the entry into force of the ceasefire and end on the date of the elections, and shall evolve simultaneously with the assembly, disarmament, and integration into civilian life of the troops being demobilized. Recruitment into the FAA during the period prior to the elections shall proceed in accordance with the principle of free will, drawing from the ranks of FAPLA and FALA. It is mandatory that all military personnel incorporated into the FAA 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. By the time the elections are held, only the FAA 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 FAA shall be demobilized prior to the holding of elections. Additionally, assurances are given regarding the neutrality of the armed forces during the period prior to the holding of the elections, and the individual rights of military personnel and safeguarding of units created in the period.
Regarding Troop Strength, troop numbers of the Army, Air Force and Navy are specified, and it is agreed that each of the parties shall provide the Army with 20,000 men (15,000 soldiers, 3,000 non-commissioned officers, and 2,000 officers). The first troops assigned to the Air Force and Navy shall be furnished from the respective branches of the FAPLA, inasmuch as FALA does not have such units. As soon as the process of training the FAA begins, UNITA will be able to participate in the Air Force and Navy under terms to be defined within the framework of Joint Commission on the Formation of the Armed Forces (CCFA). Among further provisions made with regard to the Air Force and Navy are that they shall be subject to verification and monitoring, and shall be subordinate to the High Command of the FAA.
Regarding the Command Structures of the FAA, general principles are given indicating that the CCFA, subordinate to the CCPM, shall be created specifically to direct the process of formation of the FAA. Provisions are made for the non-partisan nature of the FAA Command Structure, which is shown in the annex. Appointments to the High Command and the commands of the three branches of the FAA are to be proposed by CCFA and approved by CCPM. The CCFA constitutes the transitional body, until the date of the elections, between the political-military echelon and the FAA echelon. Further details of its composition and duties are provided. The latter include among others proposing the criteria for selecting personnel from FAPLA and FALA for purposes of forming the FAA, and proposing the names of the principal commanding officers of FAA.
The overall mission and composition of the High Command of the FAA are indicated, as are the principles for structuring the Army Command of the FAA and forming Air Force and Navy (details to be contained in directives issued by the CCFA). The creation and functioning of a Logistical and Infrastructure Command is addressed, and its particular responsibilities, command structure and the units of its General Staff are detailed further.
The timetable for the process for forming the FAA is listed in five phases. Immediately following the appointment of each command, the General Staffs are to be organized.
Technical Assistance from Foreign Countries. The parties will inform the Portuguese Government, not later than the date of notification of their acceptance of the Accords, as to which country or countries will be invited to assist in the FAA formation process.
Demobilization. The accommodation of the demobilized forces constitutes a national problem that must be studied jointly by the two parties and submitted to CCPM for review and a decision. The same treatment should be given to the problem of people who have been physically disabled by the war.
Annex: Diagram of the Structure of the FAA
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