Key Points of the Luena Memorandum of Understanding

Addendum to the Lusaka Protocol for the Cessation of Hostilities and the Resolution of the Outstanding Military Issues under the Lusaka Protocol

Preamble

The Delegation of the Angolan Armed Forces, mandated by the Government of the Republic of Angola; the Delegation of the UNITA Military Forces, mandated by its Leadership Commission; in the presence of the United Nations and the Observer States;

Considering that the Lusaka Protocol, the legal and political instrument for the resolution of the Angolan conflict, was unable to experience the positive evolution expected for its definitive conclusion;

Considering that, the growing and pressing need to secure peace and national reconciliation in Angola has become imperative and urgent, and calls first of all for the cessation of the armed conflict between UNITA and the Government, promoting, to this end, appropriate initiatives for the definitive conclusion of the implementation of the Lusaka Protocol;

Conscious of the fact that, the end of the internal conflict leads to peace and national reconciliation and constitutes a challenge for which a determined commitment needs to be made for the benefit of the Angolan people;

Inspired by a will to confer on their relations a new and positive dimension, sustained by the fact that in the spirit of reconciliation, all Angolans need to pardon and forget the griefs resulting from the conflict and face the future with tolerance and confidence;

Accordingly, in order to implement their commitments and obligations under the Lusaka Protocol, hereby adopt the Memorandum of Understanding, in the following terms:

Object and principles

Object

• A commitment by the parties to a ceasefire, the resolution of military issues and, subsequently, the definitive resolution of the armed conflict.
• The resolution of the negative military factors that blocked the Lusaka Protocol, and the creation of conditions for its definitive conclusion.

Fundamental principles

• Respect for the rule of law, the democratic institutions in Angola, the observance of the Constitutional Law and of other legislation in force.
• Unequivocal acceptance of the validity of the legal and political instruments relevant to the peace process, in particular, the Lusaka Protocol and the UN Security Council Resolutions.
• A recognition that respect for democracy is essential for peace and national reconciliation.

Agenda of the memorandum of understanding

National reconciliation

Amnesty

The Government guarantees approval and publication of an Amnesty Law for all crimes committed within the framework of the armed conflict.

Cessation of hostilities and pending military issues under the Lusaka Protocol

Ceasefire

The parties reiterate their commitment to comply scrupulously with all their commitments and obligations relative to the task of re-establishment of a ceasefire (in the spirit of Annex 3 of item II.1 of the Agenda of Work – Military Issues I of the Lusaka Protocol). Parties will issue and comply with a declaration of the re-establishment of the ceasefire. This task includes:

• The definitive and total cessation of military actions throughout the national territory and the non-dissemination of hostile propaganda.
• Not conducting force movements to reinforce or occupy new military positions, and not undertaking acts of violence against the civilian population and the destruction of property
• The regular reporting on the situation of positions the units and other paramilitary structures of UNITA military forces in areas of possible military tension
• The guarantee of protection of persons and their property, of public resources and property, and the free circulation of persons and goods.

Disengagement, quartering and conclusion of the demilitarization of UNITA military forces

The parties reiterate their commitment to comply scrupulously with their commitments and obligations relative to the task of quartering and conclusion of the demilitarization of the UNITA military forces in the spirit of Annex 3 of item II.1 of the Agenda of Work – Military Issues I of the Lusaka Protocol.

In this regard, the Joint Military Commission, with the support of the General Staff of FAA, will proceed to quarter and demilitarize all units and paramilitary structures of the UNITA military forces. To include:

a) The reporting, by the High General Staff of the UNITA military forces, to the Joint Military Commission, on all data relative to the composition and location of the units and paramilitary structures of the UNITA military forces.

b) The establishment of monitoring mechanisms of the demilitarization process of the UNITA military forces.

c) The identification of the units and the paramilitary structures of the UNITA military forces, the establishment of quartering are as for the same.

d) The definition of the respective itineraries and means of movement and the conduct of the military units and paramilitary structures of the UNITA military forces and paramilitary structures to quartering areas.

e) The disengagement and the movement of the UNITA military forces and paramilitary structures to quartering areas.

f) The reception, accommodation and feeding, and the registration of the personnel of the UNITA military forces in the quartering areas.

g) The handing over and the collection, storage and destruction of the entire armament and equipment of the military units and paramilitary structures of the UNITA armed forces.

Integration into FAA of UNITA military personnel

The Government will proceed to integrate UNITA military personnel into the FAA, in accordance with existing structural vacancies. This process will include training and commissioning.

Integration into the National Police

The Government will proceed to integrate some UNITA Generals and Senior Officers into the National Police, in accordance with existing structural vacancies. This process will include training.

Demobilization and extinction of the UNITA military forces

The parties reiterate their commitment to comply scrupulously with their commitments relating to the demobilization of the UNITA military forces and their extinction in the spirit of Annex 4 of item II.1 of the Agenda of Work – Military Issues II of the Lusaka Protocol.

The Joint Military Commission, with the support of the United Nations, shall proceed with;

• The individual demobilization of the excess personnel from the UNITA military forces.
• The formal and definitive extinction of the UNITA military forces.
• The placement of the demobilized personnel of the ex-UNITA military forces at the administrative dependency on the General Staff of FAA, through the FAA Military Regions and Operational Commands.

Social and vocational reintegration of demobilized ex-UNITA military forces

The parties reiterate their commitment to comply scrupulously with their commitments relating to social reintegration of the demobilized personnel in the spirit of Annex 4 of item II.1 of the Agenda of Work – Military Issues II of the Lusaka Protocol.

In this regard, the Government through the General Staff of FAA and with UNITA participation and with the assistance of the international community, shall proceed with the reintegration of the demobilized personnel into civil society, within a program of vocational reintegration.

To include: the protection, accommodation and feeding of ex-UNITA military personnel in the training centres; the professional training of ex-UNITA military personnel to capacitate them for the labour market, through a program of special and urgent social reintegration.

Coordination and application of the memorandum of understanding (MoU)

Coordination of the MoU

The institutional structures of coordination:

Joint Military Commission

Composition and Management:

• Executive Member and President: Military Representative of the Government
• Executive Member: Military Representative of the UNITA Military Forces
• Permanent Observers: the Military Representative of each of the USA, Russia, Portugal and the UN

Functions:

• To promote and oversee the application of the MoU
• To analyse and resolve issues likely to impede the application of the MoU

Rules of operation:

• To decide, by consensus of the parties, adopting recommendations binding on the parties
• To assume duties on the day of signing of the MoU and cease operation when all provisions of the MoU have been complied with
• To establish its headquarters in Luanda, and being able when necessary to hold meetings in other locations of the national territory.

Technical Group

Composition and Management:

• Military experts of the FAA and of the UNITA military forces (up to 20 for each of the parties).
• Military experts of the UN (up to 10) and of the countries of the Troika of Observer States (up to 10 for each).

Functions:

• To assist the Joint Military Commission in the performance of its duties
• To oversee the application of the provisions of the MoU
• To organize ad hoc meetings of the military experts to study the causes of possible difficulties blocking the execution of the MoU or other issues considered to be of interest by the Joint Military Commission
• To draw up a detailed timetable and define activities to be executed as part of the application of the MoU

Rules of Operation:

• To meet periodically to prepare the meetings of the Joint Military Commission and, any time such a meeting is deemed necessary, to meet to analyse issues emanating from the Joint Military Commission
• At the regional level, to meet daily under the chairmanship of a FAA military expert

Timetable of application of the memorandum of understanding

The timetable consists of 7 distinct phases, beginning with D-Day and continuing until the completion of the final phase after 262 days.

Final provisions

Differences of interpretation of application of the MoU shall be submitted to the Joint Military Commission for resolution, in a spirit of friendship, tolerance and understanding.

Signatories

On behalf of the delegation of the Angolan Armed Forces: General Armando da Cruz Neto, Chief of General Staff of the Angolan Armed Forces

On behalf of the delegation of the UNITA military forces: General Abreu Muengo Ucuathcitembo Kamorteiro,

Chief of High General Staff of the UNITA Military Forces

On behalf of the United Nations:

Chief of the UN Mission in Angola

On behalf of the Observer States of the Peace Process:

Ambassador to the USA in Angola

Ambassador of Russia in Angola

Ambassador of Portugal in Angola

Annexes

1: Quartering of the UNITA military forces

The annex provides details of general points on the quartering, and specifically on the structure, management and location of the Quartering Areas.

1/a: Quartering, disarming and repatriation of foreign military forces within areas territory under UNITA control

The annex recognizes the existence of foreign military forces in UNITA-controlled territory and indicates how the parties will proceed to quarter and disarm the forces.

2: Integration of UNITA military personnel into the FAA in accordance with the existing vacancies

The annex provides a military staffing list to guide the incorporation of 5,007 UNITA military personnel into the FAA.

3: Integration of UNITA Generals and Senior Officers into the national police in accordance with the existing vacancies

The annex provides a National Police staffing list to guide the incorporation of 40 UNITA military personnel into the National Police.

4: Vocational reintegration of demobilized ex-UNITA military personnel into national life

The annex addresses the vocational reintegration of demobilized ex-UNITA military personnel and the guarantees and methods required for the task.

5: Considerations regarding the conditions for the conclusion of the Lusaka Protocol

The annex considers that conditions have been created to guarantee the continuity of UNITA participation in the process of conclusion of the implementation of the Lusaka Protocol,

and recommends to UNITA the need to rapidly establish the necessary internal consensus to participate in this process.

Annex 6: Considerations relative to special security under the Lusaka Protocol

The annex records that the parties consider valid and applicable the provision in the Document Relative to the Special Security Regime guaranteed to UNITA leaders, in application of paragraph 3 of the Modalities of National Reconciliation of the Lusaka Protocol.

Top | Angola | Contents