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Key points of the Lusaka Protocol

Lusaka, Zambia, 15 November 1994

The Government of the Republic of Angola (GRA) and the National Union for the Total Independence of Angola (UNITA), with the mediation of the United Nations and in the presence of representatives of the Observer States of the Angolan peace process (United States of America, Russian Federation and Portugal) are mindful of the need to conclude implementation of the Bicesse Accords, enable the smooth functioning of institutions resulting from the 1992 elections and establish a just and lasting peace within the framework of national reconciliation.

They accept as binding the following documents, which constitute the Lusaka Protocol:

Annex 1: Agenda of the Angola Peace Talks between the Government and UNITA

The agenda lists the order in which issues are discussed in the negotiations, which is subsequently reflected in the sequencing of the annexes to the agreement.

Annex 2: Reaffirmation of the acceptance by the Government and by UNITA of the relevant legal instruments

The Government and UNITA reaffirm their acceptance of the relevant legal instruments, namely the Bicesse Accords and the relevant Security Council resolutions. The Government's position takes the form of a letter to the UN's Special Representative, Alioune Blondin Beye.

Annex 3: Military Issues – I

The annex covers three issues: re-establishment of a ceasefire; withdrawal, quartering and demilitarization of UNITA military forces; and the disarming of civilians

The definition and general principles indicate that the ceasefire constitutes the cessation of hostilities between the Government and UNITA and that it should be total and definitive throughout the whole territory. It indicates that UN will be responsible for the overall supervision, control and verification of the ceasefire.

Specific principles include: the bilateral nature of the ceasefire and the establishment of verification and monitoring mechanisms by the UN; the withdrawal and quartering of UNITA forces as per UN Security Council Resolution 864; provision of information to the UN by both parties on the composition, armament, equipment and locations of their forces; FAA disengagement from forward positions to allow UN verification and monitoring; the repatriation of all mercenaries; free circulation of persons and goods; collection, storage and custody of UNITA armaments by the UN within the framework of a selection process of personnel for the FAA; collection, storage and custody of armaments in civilian hands; and the release of civilian or military prisoners detained or withheld as a consequence of the conflict, under the auspices of the ICRC.

The modalities relating to these principles are listed in sequence.

A timetable for the bilateral ceasefire modalities is outlined. Phase One consists of five steps to be taken by both sides within 45 days of the initialing of the Protocol. Phase Two consists of six further steps.

Annex 4: Military Issues – II

The annex relates to the completion of the formation of the Angolan Armed Forces (FAA), including demobilization.

General principles include the aim of completing the formation of one single, national, nonpartisan armed forces, under the verification and monitoring of the United Nations. The composition of the armed forces will reflect the principle of proportionality between the Government and UNITA forces agreed in the Bicesse Accords. Excess military personnel will be demobilized and integrated into civilian society, within the framework of a social reintegration programme.

Specific principles outline the decisions regarding the process and sequencing the integration of UNITA forces into the FAA, their training and the UN's role in verifying compliance. It details the establishment of a Joint Commission comprising the Government, UNITA, the UN and the observer countries.

The modalities are outlined in three phases. Phase One details the establishment of a working group of the Joint Commission, which will monitor aspects of the completion of the formation of the FAA, including selection criteria, size and composition of the FAA. This working group is dissolved in Phase Two and a new working group established to oversee the planning and implementation of the process. Phase Two also sees the initial movement of selected UNITA personnel to be incorporated into the FAA and of members of the FAA and UNITA who will be demobilized. Phase 3 incorporates the selection and integration of UNITA military personnel into the FAA, selection of those to be retained, total demobilization of excess personnel and final verification by the UN.

Annex 5: The Police

The annex covers the role of the Angolan National Police, the functions and scope of the Rapid Reaction Police and the incorporation of UNITA members into both bodies.

General principles outline the role of the Angolan National Police as an organ of the Angolan state administration, governed by current legislation and the relevant provisions of the Bicesse Accords and Lusaka Protocol. Its activities shall not restrict citizens' exercise of their political rights to favour any political party. As a non-partisan institution it shall be an instrument for reinforcing national reconciliation. In accordance with the Bicesse Accords, a significant number of UNITA members shall be incorporated into it.

Specific principles include the role of the UN in monitoring the activities of the police and the independence of the police from the FAA. The functions and scope of the Rapid Reaction Police are outlined. All other surveillance or policing organs are forbidden.

The modalities indicate the specific numbers of UNITA members to participate in the Angolan National Police and the Rapid Reaction Police, and the sequencing of their incorporation.

Annex 6: National Reconciliation

The annex refers to the specific tasks and processes envisaged to pursue the imperative of national reconciliation, including the role of the mass media, the implementation of administrative decentralization and deconcentration and the roles of the Provincial authorities. It also indicates provision for UNITA participation in government and state institutions.

The general principles of Annex 6 indicate the will of the Government and UNITA to live together within the Angolan constitutional, political and legal framework, reaffirming their respect for the will of the people expressed through free and fair elections and the right to opposition. They include provision for the participation of UNITA members at all levels and in the various institutions of political, administrative and economic activity. They imply the administrative decentralization and deconcentration of the country, and condemn the use of violence to settle disputes. They identify the role of the mass media in supporting a process of coexistence and democratic consolidation. They refer to the granting of an amnesty for crimes committed during the conflict.

With regard to specific principles, it is agreed that the Government and UNITA will conduct a public awareness campaign to promote tolerance, coexistence and trust. The freedom of speech, association and organization, as well as press freedom are guaranteed. The right of access to state press, radio and television is guaranteed to all political parties complying with current legislation.

Radio Vorgan, UNITA's radio station, is allowed to broadcast for nine months after D-Day, at the end of which it will have completed its transformation into a non-partisan radio station.

Administrative decentralization and deconcentration will be carried out, so that provincial authorities have their own powers in the fields of administration, finance, taxation and economy (including the power to attract foreign investment), under the terms of existing legislation. In accordance with the law and with Annex 5 of the Lusaka Protocol, the Provincial Commands will bear responsibility for the Police at the level of the province, in matters of administration, coordination and supervision of its activities. Office holders of local government organs shall be elected in accordance with legislation to be passed under the provisions of the Constitution.

The President of UNITA shall be granted special status. The first 70 deputies elected on the lists of UNITA candidates in the 1992 elections shall be installed in the National Assembly and shall constitute the UNITA parliamentary group. Appropriate security will be granted to high-ranking members of UNITA who do not enjoy special status by virtue of their posts.

Those Angolans prevented from exercising their labour rights by circumstances prior to the Lusaka Protocol shall be given due consideration by state institutions.

The principle of the participation of UNITA members shall be implemented through their incorporation into appropriate professional functions, as far as possible and with due consideration to their technical and professional skills.

Social welfare and reintegration programmes shall be implemented throughout the national territory. A National Entrepreneurial Support Fund will provide assistance and encouragement in the establishment of private enterprises.

The Government shall undertake the management of all state property in the conditions in which it is found. All property belonging to UNITA shall be returned to UNITA in the condition in which it is found.

UNITA will be allocated adequate party facilities and appropriate residences for its leaders.

The fundamental rights and freedoms of citizens are guaranteed through the independence of the judiciary.

The revision of the symbols of the Republic of Angola shall be considered important within the framework of the competent institutions.

The modalities outline the practical responsibilities of each of the parties with respect to the implementation of the principles. They contain three distinct documents, relating to the security guarantees for UNITA leaders; UNITA's participation in local government and diplomatic missions abroad and the norms of participation of UNITA members in the government of national unity and national reconciliation.

Annex 7: Completion of the Electoral Process

This annex refers to the process for completion of the second round of the presidential elections and the roles of the state institutions, the candidates and the UN.

The general principles indicate the importance of citizens' participation in choosing the country's leaders and the necessity of concluding the 1992 elections with a second round of presidential elections. These will be held once the UN has declared that the requisite conditions have been met. Angolan state institutions will organize the elections, with UN verification and monitoring and the participation of international observers.

Specific principles refer to the relevant legislation for the elections and the role of candidates and their agenda in controlling the conduct of the elections. The National Assembly will decide the time frame for the elections once the UN has determined that the requisite conditions have been fulfilled. The conditions are described as being guarantees of safety and free circulation of people and goods and public freedoms; effective guarantees of the functioning of the State administration; and normalization processes such as the rehabilitation of communications and the resettlement of displaced persons. State resources, including finances, shall be used equitably during the process. Polling officers will be afforded protection by the National Police and through UN verification and monitoring. Publication of elections results shall be in accordance with national legislation. Within 48 hours of the declaration of the national results, the UN shall issue a statement regarding the free and fair nature of the elections.

Modalities describe the UN's role and functions in the process, including the verification and monitoring of the preparation of voting material and the preparation of the electoral registration rolls. It also refers to the conduct of a civic education campaign on the objectives of the second round of the presidential elections.

Annex 8: UN mandate and the role of the Observers and the Joint Commission

A. The United Nations Mandate

The general principles refer to acceptance by the Government and UNITA that the successful completion of the peace process is primarily their responsibility, and that they undertake to cooperate fully with the UN to this end. They invite the UN to play the role outlined in the Bicesse Accords and the Lusaka Protocol, including chairmanship of the Joint Commission.

The specific principles provide details of the UN's functions in relation to 1) Military issues; 2) Police activities; 3) National reconciliation activities; and 4) Completion of the electoral process. Each of these sets of tasks is referred back to specific agenda items and annexes of the Lusaka Protocol.

B. The role of observers in the implementation of the Bicesse Accords and the Lusaka Protocol

The Governments of the United States of America, the Russian Federation and Portugal are the observers of the peace process and sit on the Joint Commission in this capacity.

Their functions are to attend meetings, monitor implementation of outstanding provisions of the Bicesse Accords and provisions of the Lusaka Protocol. Decisions at all meetings shall be taken after hearing the opinions of the representatives of the observer nations.

C. The Joint Commission

The Joint Commission shall comprise the Government and UNITA, with the UN acting as chairperson and the Troika attending as observers. Its function is to watch over the implementation of outstanding provisions of the Bicesse Accords and all the provisions of the Lusaka Protocol. It shall monitor implementation of relevant Security Council resolutions and make final decision on possible violations. Its headquarters shall be in Luanda. The Joint Commission shall establish its own internal regulations and take decisions by consensus. It shall take office on the day of the signing of the Lusaka Protocol. Once the Joint Commission is satisfied that all relevant provisions of the Bicesse Accords and Lusaka Protocol have been implemented, it shall dissolve itself.

Annex 9: Timetable for the implementation of the Lusaka Protocol

The timetable maps out the sequencing of activities from D-Day (the signing of the Lusaka Protocol). It outlines 10 stages, each designated a specified period of days during which tasks should be accomplished. At the final stage (D-Day + 455) a number of tasks are outlined for completion. It is observed that the detailed timetable will be worked out by the Joint Commission, that no task shall be initiated until the previous one has been concluded, and that, where conditions permit, the timetable can be brought forward by agreement between the Government and UNITA.

Annex 10: Other matters

The Lusaka Protocol shall be signed on 15 November 1994 at Lusaka, Zambia.

Signatories

The Lusaka Protocol was initialled on 31 October 1994 by the heads of the Government and UNITA delegations, Fernando Faustino Muteka and Eugenio Ngola "Manuvakola" and by the United Nations Special Representative, Mr Alioune Blondin Beye. It was subsequently approved by the competent constitutional bodies of the Republic of Angola and the competent UNITA authorities.

 

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