Lusaka Protocol

15 November 1994

The Government of the Republic of Angola (GRA) and the Union for the Total Independence of Angola (UNITA);

With the mediation of the United Nations organization, represented by the Special Representative of the Secretary-General of the United Nations in Angola, Mr. Alioune Blondin Beye;

In the presence of the Representatives of the Observer States of the Angolan peace process:

Government of the United States of America; Government of the Russian Federation; Government of Portugal;

Mindful of:

• The need to conclude the implementation of the Peace Accords for Angola signed in Lisbon on 31 May 1991;
• The need for a smooth and normal functioning of the institutions resulting from the elections held on 29 and 30 September 1992;
• The need for the establishment of a just and lasting peace within the framework of a true and sincere national reconciliation;
• The relevant resolutions of the United Nations Security Council,

Accept as binding the documents listed below, which constitute the Lusaka Protocol:

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

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

Annex 3: Military Issues - I;

Annex 4: Military Issues - II;

Annex 5: The Police;

Annex 6: National Reconciliation;

Annex 7: Completion of the Electoral Process;

Annex 8: The United Nations mandate and the role of the Observers of the Peace Accords and the Joint Commission;

Annex 9: Timetable for the implementation of the Lusaka Protocol;

Annex 10: Other matters.

The Government of the Republic of Angola and the Union for the Total Independence of Angola solemnly undertake to do all in their power to respect and ensure respect for the spirit and the letter of the Lusaka Protocol.

The present Protocol, whose constituent documents were initialled at Lusaka, on 31 October 1994, by the heads of the Government and UNITA delegations, Messrs. Fernando Faustino Muteka and Eugènio Ngola "Manuvakola," and by the Special Representative of the Secretary-General of the United Nations in Angola, Mr. Alioune Blondin Beye, was subsequently approved by the competent constitutional authorities of the Republic of Angola and by the competent statutory UNITA authorities and shall come into force immediately after its signature.

Lusaka, 15 November 1994.

Annex 1: Agenda of the Angola peace talks between the Government and UNITA

I. Reaffirmation of the acceptance by the Government and by UNITA of the relevant legal instruments:

1. The "Acordos de Paz." 2. Security Council Resolutions.

II. Continuation of the implementation of the Peace Accords and completion of the work of the Abidjan talks:

1. Military issues: a. Re-establishment of the ceasefire; b. Withdrawal, quartering and demilitarization of all UNITA military forces; c. Disarming of all civilians; d. Completion of the formation of the Angolan Armed Forces (F.A.A.), including demobilization;

2. The Police.

3. United Nations mandate, the role of the Observers of the Peace Accords and the Joint Commission;

4. National reconciliation;

5. Completion of the electoral process and other pending issues.

III. Other matters

1. Date and venue of the signature of the Lusaka Protocol.

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

1. The Peace Accords;

2. Security Council Resolutions.

Lusaka, 19 November 1993

For the attention of His Excellency Maître Alioune Blondin Beye Special Representative of the United Nations Secretary-General for Angola Lusaka

Excellency,

We have the honor to inform you herewith that, within the framework of discussions of item I on the agenda of the Lusaka peace talks, the Government of the Republic of Angola represented by its delegation, solemnly and officially reaffirms the validity of the Peace Accords for Angola concluded with UNITA on 31 May 1991 at Lisbon, Portugal.

The Government of the Republic of Angola also reaffirms its unequivocal acceptance of the resolutions of the United Nations Security Council relating to the post-electoral conflict, in particular, resolutions 804, of 29 January 1993; 811, of 12 March 1993 ; 823, of 30 April 1993; 834, of 1 June 1993; 851, of 14 July 1993 and 864, of 15 September 1993.

Fernando Faustino Muteka Head of the Government delegation Lusaka, 20 November 1993

UNITA'S POSITION ON ITEM I.1 OF THE LUSAKA-II AGENDA: UNITA reaffirms the validity of the Peace Accords for Angola as the basis for peace in Angola. Taking into consideration the current situation of our country and the imperatives of peace, the Peace Accords for Angola must be updated.

UNITA'S POSITION ON ITEM I.2 OF THE LUSAKA-II AGENDA: UNITA reaffirms that it has taken good note of the Security Council resolutions relating to the Angolan crisis, particularly resolution 864/93, as indicated in our letter dated 30 October 1993 addressed to His Excellency, Dr. Boutros Boutros Ghali, Secretary General of the UN.

Annex 3: Agenda item ii.1: Military issues (i)

1. Re-establishment of the ceasefire;

2. Withdrawal, quartering and demilitarization of all UNITA military forces;

3. Disarming of all civilians.

I. DEFINITION AND GENERAL PRINCIPLES

1. The re-established ceasefire 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 ceasefire shall be total and definitive throughout the national territory.

3. Overall supervision, control and verification of the re-established ceasefire will be the responsibility of the United Nations acting within the framework of its new mandate, with the participation of the Government and UNITA.

II. SPECIFIC PRINCIPLES RELATING TO THE REESTABLISHED CEASEFIRE

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.

III. MODALITIES

1. Cessation of hostilities "in situ."

2. Installation of verification, monitoring and control mechanisms, including triangular communications and logistical questions.

3. Limited disengagement of forces in areas where forces are in direct contact.

4. Situations where FAA and UNITA military forces are not in direct contact.

5. Furnishing the United Nations with details concerning the FAA and the military forces of UNITA.

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

7. Establishing quartering areas.

8. Identifying itineraries and means for the conduct of the movement of UNITA military forces to quartering areas.

9. Verification and monitoring of Government military forces.

10. Movement of UNITA military forces to quartering areas.

11. Collection, storage and custody of armament of UNITA military forces under the supervision and control of the United Nations.

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

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

14. Return to the FAA of UNITA generals who left. Selection into FAA and demobilization of excess forces with the framework of the conclusion of the formation of the FAA.

15. Free circulation of persons and goods.

TIMETABLE OF THE BILATERAL CEASEFIRE MODALITIES

D-DAY Initialling 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:

• The disengagement of forces;
• Logistical matters;
• The setting up of verification mechanisms;
• Communication lines;
• Movement itineraries;
• Specific numbers, type and location of forces;
• 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 ceasefire.

D + 17

Phase one

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

• 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 a re. 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 ceasefire violations and to investigate incidents. The United Nations will be notified of the evacuation o f sick and wounded combatants to ensure control and verification.
• 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 Nation s. 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 ceasefire violations. United Nations assets will be deployed on a prioritized basis.
• 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.
• Step four: - 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 Nat ions. 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 t he appropriate verification, monitoring or control mechanisms.
• Step five involves the repatriation of all mercenaries in Angola.

D + 45

Phase two

The second phase consists of six steps:

• 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."
• 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.
• 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 will 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.
• 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 th e 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 i t as previously agreed. Ammunition and materiel storage locations will be located in separate areas from the quartering locations.
• 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.
• Step six includes the verification by the United Nations, in accordance with its mandate, of the free circulation of persons and goods.

ANNEX 4: agenda item II.1 (continued): Military issues (II)

4. Completion of the formation of the Angolan Armed Forces (FAA), including demobilization.

I. GENERAL PRINCIPLES

1. The process of completion of the formation of FAA under the verification and monitoring of the United Nations will guarantee the existence of one single, national and nonpartisan armed forces obeying the sovereign organs of the Republic of Angola.

2. The composition of the Angolan Armed Forces will reflect the principle of proportionality between Government and UNITA military forces as provided for in the Bicesse Accords.

3. The military personnel in excess of the number to be agreed between the Angolan Government and UNITA for the composition of FAA will be demobilized and integrated into civilian society, within the framework of a national social reintegration programme to be undertaken by the Government of the Republic of Angola with the participation of UNITA and the assistance of the international community.

II. SPECIFIC PRINCIPLES

1. After the process of selection of UNITA military forces, the selected personnel will be incorporated in FAA, under the supervision of the General Staff of FAA in which the Generals of UNITA will have already been present.

2. For administrative and logistic reasons, the excess personnel will be dependent on the above-mentioned General Staff for their professional training, demobilization and reintegration into civilian society.

3. The process of selection for incorporation and military distribution of UNITA military forces in FAA will start after the conclusion of the quartering of all UNITA military forces.

4. During the process of completion of the formation of FAA, at the time of the selection of UNITA military forces, the composition of FAA will be made to reflect the principle of proportionality agreed between the Government of the Republic of Angola and UNITA.

5. Within the framework of its new mandate, the United Nations will verify the strict compliance with the accords concerning FAA, without prejudice to the competence of the Government of the Republic of Angola with respect to National Defense policy.

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.

III. MODALITIES

Phase I

This phase begins with the initialling of the Lusaka Accords between the Government of the Republic of Angola and UNITA, and continues until the quartering of UNITA military forces.

Setting up of a working group to supervise the completion of the formation of FAA and demobilization within the framework of the joint commission to be established under the new United Nations mandate. The above-mentioned working group will comprise representatives of the United Nations, the Angolan Government and UNITA. The work of this group will be based on information made available to the United Nations by the Government of Angola and UNITA with regard to the personnel, the composition and location of the respective military forces as well as the deliberations of the meeting between the general staffs of FAA and UNITA. The working group will be responsible for monitoring the following tasks concerning the completion of the formation of FAA and demobilization:

• Selection criteria
• Size of FAA to be agreed between the Government of the Republic of Angola and UNITA
• Adequacy of the composition of FAA, based on the principle of proportionality: - in the case of the army, the principle of parity shall apply; - in the case of the Navy and the Air Force, UNITA military forces shall be incorporated in conformity with the provisions established by CCFA (Peace Accords) and instructions from the General Staff of FAA.
• Identification of the location and rehabilitation of the already existing military training centres
• Identification of the location and rehabilitation of the already existing vocational training centres for the soldiers to be demobilized
• Identification of the location as well as construction and rehabilitation of quarters for the FAA units
• The resources necessary for military incorporation based on the skills and specializations of FAA personnel
• Logistics and administrative resources for all the tasks

Phase II

This phase begins with the completion of the quartering of UNITA military forces and ends with the commencement of movement to the centres for the vocational training of the demobilized military personnel.

Return of the UNITA generals who left FAA.

Dissolution of the working group mentioned under Phase I and assumption by the FAA General Staff of its functions with regard to the completion of the formation of the Angolan Armed Forces and demobilization.

Stage III Establishment of a working group, under the FAA General Staff, which will operate in the area of planning and will supervise the implementation of the tasks leading to the completion of the formation of the FAA. This working group should have a technical link with the United Nations.

Stage IV Selection of UNITA military personnel for FAA as well as those to be demobilized. The FAA General Staff will also take responsibility for logistics and administrative support to all UNITA military personnel, both those selected for FAA and those for demobilization. This stage also includes the selection by the Angolan Government of those of its military personnel who will remain in FAA and those who will be demobilized.

Stage V Phased incorporation in FAA of UNITA military personnel selected for FAA and their movement to the military specialist training centres or to the operational units.

Stage VI Initial movement of FAA and UNITA military personnel to be demobilized to the vocational training centres.

Phase III

This phase begins with the selection and incorporation of UNITA military personnel in FAA and the selection of the military personnel of the Government to be retained in FAA and ends with the completion of the formation of FAA, the total demobilization an d final verification by the United Nations that the provisions of the Lusaka Protocol have been fulfilled as regards the completion of the formation of FAA and the demobilization of excess personnel.

Annex 5: Agenda item ii.2: The police

I. GENERAL PRINCIPLES

1. The Angolan National Police is the organ of the Angolan State Administration responsible for the maintenance of public order and the defense of the interests, integrity and security of all persons in Angola, irrespective of their nationality, place of birth, race, religion, social origin or political party affiliation.

2. The Angolan National Police is governed by the legislation in force, in compliance with the relevant provisions of the Bicesse Accords and the Lusaka Protocol. It discharges its tasks in accordance with the aforesaid instruments and within the letter and spirit of democratic principles and internationally recognized human rights, such as the Universal Declaration of Human Rights.

3. The Angolan National Police is a corporate body which, taking into consideration the principles of administrative decentralization, exercises its authority over the whole country at the national, provincial, municipal and communal levels. The activities of the Angolan National Police are carried out within the limits authorized by the legislation in force, respecting the relevant provisions of the Bicesse Accords and the Lusaka Protocol, in strict compliance with the principles of the rule of law and of fundamental freedoms. Except in the specific cases provided for by law, its activities cannot be redirected in any event towards impeding or restricting the exercise by citizens of their political rights of favouring any political party whatsoever. Under the law, the Angolan National Police shall be held responsible for any violation of these principles, without prejudice to any action for criminal or civil liability of any individual member of the police force brought before the relevant Angolan judicial authorities.

4. Members of the Angolan National Police shall be given an appropriate professional training and their equipment shall be adapted to their functions, that is maintenance of public order and security.

5. The Angolan National Police shall be an instrument for reinforcing national reconciliation. In this spirit, it shall be a nonpartisan institution in which, within the framework of the Bicesse Accords and the Lusaka Protocol, a significant number of UN ITA members shall be incorporated.

II. SPECIFIC PRINCIPLES

1. The activities of the Angolan National Police, placed under the legitimate authority, shall be verified and monitored by the United Nations, within the framework of its new mandate, in order to guarantee its neutrality.

2. The functions of the Angolan National Police, except as provided for under the law, include guaranteeing the normal operation of the democratic institutions and the regular exercise of fundamental rights and freedoms. In this context, any individual suspected of having committed illegal acts and placed under preventive detention by the police shall, in strict compliance with the law, be taken to court.

3. The Angolan National Police functioning under the Ministry of Home Affairs is organically and functionally independent of FAA. The demobilized military personnel to be incorporated into the Angolan National Police shall be subject to the statute of th e Angolan National Police, and thereby all their former statutory military and political party connections shall cease.

4. Members of UNITA shall be incorporated into the Angolan National Police at all levels and in all branches, including the command and service organs provided for in the organic statute of the Angolan National Police.

5. Under the terms of the legislation in force, namely the relevant provisions of the Constitutional Law and Decree no. 20/93 of 11 June, and in application of the principles of administrative decentralization to the Angolan National Police, the responsibility for the management, coordination and monitoring of the activities of all its organs and services at the provincial level falls on the provincial commands.

6. The Rapid Reaction Police is one of the organs of the Angolan National Police prepared to be used in compliance with the legislation in force and the relevant provisions of the Bicesse Accords and the Lusaka Protocol, for the maintenance and restoration of order, controlling situations of concerted violence, fighting violent and organized crime, protecting strategic installations and providing security for important personalities.

7. Any action by the Rapid Reaction Police shall be carried out in compliance with the principle of legality and at the request of the competent political and administrative authorities.

8. The Rapid Reaction Police shall act in circumstances in which other specialized organs of the Angolan National Police find it technically impossible to act in conformity with paragraph 6 above.

9. Once public order has been restored under the terms of paragraph 6, the units of the Rapid Reaction Police shall return to their installations.

10. The quartering of the Rapid Reaction Police and the adaptation of its armament and equipment to the nature of its mission shall be carried out under United Nations verification and monitoring.

11. The Rapid Reaction Police shall be stationed only at strategic locations in the country.

12. The existence of any other surveillance or policing organ not expressly provided for under the legislation in force or by the relevant provisions of the Bicesse Accords and the Lusaka Protocol is forbidden.

III. MODALITIES

1. The participation of members of UNITA in the Angolan National Police shall be on the following basis (5,500): (a) 180 officers (b) 550 sergeants (c) 4,770 policemen

2. The numbers stated under paragraph 1 above include the personnel to be incorporated into the Rapid Reaction Police on the following basis (1,200): (a) 40 officers (b) 120 sergeants (c) 1,040 policemen

3. The timetable as well as the identification of the quartering areas for the Rapid Reaction Police shall be established on D-Day + 10 by the United Nations and the Government in the presence of UNITA and the Representatives of the observer States, with the understanding that UNITA shall have the possibility of expressing to the United Nations all its views on all matters under discussion.

The formalization of the participation of the members of UNITA in the Angolan National Police and the Rapid Reaction Police shall be made during the same meeting of D-Day + 10, with the participation of the Government, UNITA, the United Nations and the Representatives of the observer States.

4. The process of selection and incorporation of the demobilized members of UNITA military forces into the ranks of the Angolan National Police shall begin after the completion of the quartering of all UNITA military forces.

5. All members--officers, sergeants and policemen--of the Rapid Reaction Police shall undergo basic training and specific courses adapted to their mission.

Annex 6: Agenda item ii.4: National reconciliation

I. GENERAL PRINCIPLES

1. The serious crisis prevailing in the country requires a comprehensive solution that would lead to the coming together once again of Angolans to live together peacefully in the same Fatherland and in a spirit of cooperation, in the pursuit of the common good.

All human endeavours in the political, economic, social and cultural fields should reflect the great objective of National Reconciliation in order to build an Angolan society marked by progress and tolerance.

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.

3. National Reconciliation has as its objective, inter alia, the re-establishment of a just and lasting peace in Angola and to make it possible, in strict respect for the legislation in force and by respecting the relevant provisions of the Bicesse Accord s and the Lusaka Protocol, for all Angolans to participate in the promotion of a social climate of tolerance, fraternity and mutual trust.

4. National Reconciliation implies:

• The acceptance by all Angolans, irrespective of party or religious affiliation and racial or ethnic differences, to live in the same Fatherland with a spirit of fraternity and tolerance;
• The respect for the principles of the rule of law, for the fundamental human rights and freedoms as defined by the national legislation in force and by the various legal international instruments to which Angola is a party, including the relevant provisions of the Bicesse Accords and the Lusaka Protocol;
• 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.
• 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;
• Condemnation of the use of violence as a means of settling disputes or conflicts between the various forces constituting Angolan society; such issues should be settled peacefully;
• The use of the mass media to help pacify minds in support of the process of coexistence, national reconciliation and the consolidation of the democratic process, under the terms of Article 35 of the Constitutional Law, respecting the relevant provisions of the Bicesse Accords and the Lusaka Protocol.

5. In the spirit of National Reconciliation, all Angolans should forgive and forget the offences 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.

II. SPECIFIC PRINCIPLES

1. In order to promote, within the Angolan society, the spirit of tolerance, coexistence and trust mentioned in the general principles, the Government of the Republic of Angola and UNITA shall conduct an adequate campaign to sensitize Angolan and international public opinion.

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 3 2, 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. B y 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.

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

The provincial authorities have their own powers in the fields of administration, finance, taxation and economy, including the capacity to attract foreign investment, under the terms of the legislation in force and in conformity with the Lusaka Protocol and the fundamental principles of the rule of law.

In accordance with the law and in conformity with the provisions of para. 5 of the Specific Principles of the Annex to the Lusaka Protocol related to the Police, the responsibilities of the Police at the level of the province, in matters of administration , coordination and supervision of the activities of all its organs and services, particularly in the maintenance of Public Order, are incumbent on the Provincial Commands.

Office holders of local government organs shall be elected in accordance with the legislation to be passed under the provisions of Article 89(c) of the Constitutional Law.

6. In addition to the status specific in Article 77(2) of the Constitutional Law and taking into account his position as President of the largest opposition party, the President of UNITA shall be guaranteed a special status.

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 for by the law.

8. An appropriate security, to be agreed between the Government and UNITA, shall also be guaranteed, as necessary, under the terms of the law and the relevant provisions of the Lusaka Protocol, to high-ranking leaders of UNITA who do not enjoy any other special security status by virtue of their posts.

9. Within the framework of National Reconciliation, the cases of Angolans prevented from exercising their labour rights by circumstances prevailing prior to the signing of the Lusaka Protocol shall be duly considered by the competent State institutions.

10. In order to cement National Reconciliation, the principle of the participation of UNITA members, including those professionally qualified to carry out public administration functions, namely teachers, health workers and technical staff, at the various levels of administrative and economic activity of the State, including the mass media and public enterprise sectors, shall be implemented through their incorporation, as far as possible, taking into consideration their technical and professional skills and the provisions of the law and of the Lusaka Protocol.

11. In order to consolidate the process of National Reconciliation in the country, social welfare and social reintegration programs shall be implemented throughout the national territory.

12. In order to reinforce National Reconciliation and to stimulate and expand economic development throughout the national territory, all Angolans are encouraged and supported by the Government of the Republic of Angola, inter alia, through the National Entrepreneurial Support Fund, in the establishment of private enterprises in the various sectors of economic activity (agriculture, industry, trade and services) on the basis of equal opportunity.

13. As soon as the United Nations, within the framework of its new mandate, certifies that the requisite conditions referred to in the modalities have been fulfilled, the State administration shall be exercised.

14. Within the context of the preceding paragraph, the Government shall undertake the management of all State property in the conditions in which it is found.

15. All property belonging to UNITA shall be returned to UNITA in the conditions in which it is found.

16. The UNITA leaders installed in office in the various political, military and administrative structures of the State shall enjoy the privileges and benefits attached to their office, as prescribed by the legislation in force.

Within the framework of National Reconciliation, UNITA shall be allocated, on the basis of existing possibilities and through close cooperation between the two sides in the planning and implementation of the program, adequate party facilities and appropriate residences for its leaders, as follows: * 76 residences for the members of the Political Committee;

• 11 residences for the National Secretaries;
• 1 residence per Province and 1 party facility per Province, for the Provincial Secretaries and Secretariats;
• 1 party facility for the central headquarters in Luanda.

17. Within the framework of National Reconciliation and in conformity with the provisions of Article 120(3) of the Constitutional Law, the fundamental rights and freedoms of the citizen are guaranteed through the independence of the judiciary.

18. Within the context of National Reconciliation, the revision of the symbols of the Republic of Angola is considered important within the framework of the competent institutions.

III. MODALITIES

1. In application of the relevant provisions of art. 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 specific in a letter to be written by the Angolan authorities to the leaders of that party.

2. The practical implementation of the status referred to in para. 6 of the specific principles of National Reconciliation above shall have no legal effect, unless there is agreement to the contrary on the matter between the Government and UNITA.

3. The details of the special security status which shall be guaranteed, as necessary, to the leaders of UNITA who do not enjoy any other special security status by virtue of their posts, are contained in a document agreed between the Government and UNITA , which is an integral part of the annex to the Lusaka Protocol relating to National Reconciliation.

4. The awareness campaign to sensitize domestic and international public opinion, referred to in para. 1 of the specific principles relating to National Reconciliation above, shall start on the day on which the Lusaka Protocol is initialled.

5. On the day on which the Lusaka Protocol is initialled, 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.

6. In application of the provisions of para. 1 of the modalities of National Reconciliation above and following the consultations between the Government and UNITA, the latter shall submit to the Angolan authorities a list with multiple names for each post in the Government, State administration and diplomatic missions abroad, by D-Day + 45.

The above-mentioned lists shall be accompanied by the "curriculum vitae" of the persons on the above lists.

7. After the movement of UNITA military forces from the areas where they are located to the quartering areas, conducted in accordance with para. 3 of the specific principles relating to Agenda item II(1)(b), and after the United Nations has certified that the requisite conditions are fulfilled, including those relating to the security of persons and property, the State administration shall be normalized in these areas.

In this context, the participation of UNITA members in the various sectors of public administration shall take place, as agreed, under the terms of para. 10 of the specific principles relating to National Reconciliation above.

Where applicable, the appointment of members of UNITA to positions in the administration at the provincial, municipal and communal levels shall be brought forward through agreement between the Government and UNITA, if the requisite conditions are certified as fulfilled for the purpose.

8. In application of the provisions of para. 4(c) of the general principles relating to 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, at the latest, immediately following the completion of the procedures referred to in para. 3 of the specific principles relating to 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.

10. For purposes of implementation of art. 16 of the specific principles relating to National Reconciliation above, UNITA shall address a letter to the Government, by D-Day + 45, containing the names and the respective posts of its leaders.

11. The period for the promulgation of the Law of Amnesty shall be specified in the timetable of the Lusaka Protocol. Document relating to the special security arrangements guaranteed for leaders of UNITA pursuant to paragraph 3 of the modalities of national reconciliation.

Document relating to UNITA's participation in the central, provincial and local administration and in the diplomatic missions abroad, in accordance with art. 1 of the modalities of national reconciliation.

Norms of participation by UNITA members in the government of national unity and national reconciliation.

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 f or 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 elections provided for in the Peace Accords for 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.

3. The second round of the presidential elections shall take place after the United Nations, within the framework of its new mandate, and having heard the views of the organ to succeed the CCPM and the advisory opinions considered necessary, declares that all the requisite conditions for the purpose, including political and material conditions, have been fulfilled.

4. Under the terms of articles 8 and 12 of Law 5/92, of 16 April 1992, the second round of the presidential elections will be organized by the competent Angolan State institutions, including the National Electoral Council, with the appropriate support, verification and monitoring of the United Nations, as well as the participation of international observers.

II. SPECIFIC PRINCIPLES

1. The second round of the presidential elections shall take place in accordance with the relevant provisions of the legislation in force, namely Laws 5/92 and 6/92 of 16 April 1992, with the amendments considered necessary introduced by the National Assembly, as well as with the relevant provisions of the Peace Accords for Angola (Bicesse) and of the Lusaka Protocol. The above-mentioned amendments shall follow the legislative procedure.

2. Control of the conduct of the second round of the presidential elections shall be exercised, within the framework of the organs provided for under Law 5/92 of 16 April 1992, by, among others, the representatives and candidate agents of the candidates in these elections.

3. The second round of the presidential elections shall take place within a period of time to be determined by the National Assembly after the United Nations has declared that the requisite conditions for this purpose have been fulfilled. The date for the second round of the presidential elections shall be established, within the period fixed by the National Assembly, in accordance with the provisions of article 159 of Law 5/92 of 16 April 1992.

4. The requisite conditions for the holding of the second round of the presidential elections to be certified by the United Nations shall be, among others, the following:

• Guarantees of safety, free circulation of persons and goods and public freedoms throughout the national territory;
• 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.

5. During the process of holding the second round of the presidential elections, equity in the utilization of all State resources, including financial resources, shall be guaranteed in accordance with the legislation in force, including the relevant provision of Laws 5/92 and 8/92 of 16 April 1992. Support for electoral campaigns by private means, as well as the treatment of candidates by private organizations, shall be in accordance with the relevant provisions of Law 5/92 of 16 April 1992.

6. The Polling Station Officers, with the indispensable cooperation of the candidate agents of participating candidates, shall act as faithful custodians of all electoral material of the Polling Station and shall be afforded protection by the National Police and verification and monitoring by the United Nations. The ballot boxes shall not be removed from the polling locations until the votes have been counted and the final results established by the Polling Station.

7. Notwithstanding the inalienable freedom of the press, publication of the election results by the mass media as well as any statistical projections of the outcome of the final determination of the results, shall be in accordance with the provisions of the law.

8. Within the maximum time limit of forty-eight (48) hours after the official proclamation of the national results of the second round of the presidential elections, the United Nations shall issue a statement regarding the free and fair nature of the elections.

III. MODALITIES

1. Within the framework of its new mandate and in order to ensure the smooth conduct of the second round of the presidential elections, the human and material resources of the United Nations shall be adapted to its mission of support, verification and monitoring.

2. The United Nations shall certify by a formal declaration, after consulting the organ which succeeds the CCPM, the fulfilment of all the indispensable requirements and all the requisite conditions for the holding of the second round of the presidential elections, especially those arising out of the fulfilment of all the obligations under the Lusaka Protocol.

3. All organs and institutions involved in the organization of the second round of the presidential elections, specifically the National Electoral Council, shall make the indispensable preparations within the requisite time schedules.

4. The design, manufacture, receipt and storage of voting material shall take place within the appropriate time schedules, in accordance with the law and under the direction of the National Electoral Council, with the support, verification and monitoring of the United Nations.

5. The preparation of the electoral registration rolls through the registration of voters, as well as the publication through posters and notices of the lists of registered voters taken therefrom, shall take place within the appropriate time schedules, under the direction of the National Electoral Council, with the support, verification and monitoring of the United Nations, which shall take these matters into account for the purposes provided for in paragraph 3 of the specific principles.

6. A civic education campaign of voters on the objectives of the second round of the presidential elections, the electoral process and the manner of casting the votes shall be conducted within the requisite time schedules and through the appropriate means.

Continue (annexes 8-10)

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