Memorandum of Understanding on Military Affairs

• Country/entity

  Mozambique
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Memorandum of Understanding on Military Affairs
• Date

  6 Aug 2018
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Mozambique Civil War (1976 – 1992) and RENAMO Insurgency (2012 – ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Government/territory
• Peace process

  Mozambique process - recent
• Parties

  For Mozambique:
  Filipe Jacinto Nyusi, President of the Republic of Mozambique
  
  For RENAMO:
  Ossufo Momade, Coordinator of the Political Commission of the Mozambican National Resistance - RENAMO
• Third parties

  Mirko Manzani, Ambassador of Switzerland in Mozambique, President of the Contact Group, Witness
• Description

  An agreement for the disarmament, demobilisation, and reintegration (DDR) of the Renamo armed personnel and their incorporation into the Mozambique Armed Defence Forces (FADM) and the Police of the Republic of Mozambique (PRM). The agreement is accompanied with a timetable for the completion of the DDR programme and an "Incorporation Framework" detailing the joint command structure of the FADM pursuant to the agreement.

• Agreement document

  MZ_180806_Memorandum of Understanding on Military Affairs | Download PDF
• Agreement document (original language)

  MZ_180806_Memorandum of Understanding on Military Affairs_PT | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Military Affairs

Memorandum of Understanding

Maputo / Gorongosa

August 2018

Memorandum of Understanding on Military Affairs

1. Introduction

As part of the dialogue for restoring lasting and effective peace, a fundamental condition for sustainable and inclusive national development;

Considering that the incorporation of Renamo officials into the structure of the Mozambique Armed Defence Forces (FADM), as well as the disarmament, dismantling, and reintegration of Renamo armed forces are a prerequisite for national reconciliation and harmony;

The Parties agree to draft a memorandum including a set of actions and guiding principles regarding the incorporation of Renamo officials into the structure of the Mozambique Armed Defence Forces (FADM), and the Disarmament, Demobilisation, and Reintegration of Rename armed force, as well as the incorporation of part thereof in the Police of the Republic of Mozambique (PRM), following the same principle of Annex A.

2. Basic Principles

The Mozambique Armed Defence Forces (FADM) must remain a non-partisan and professional organisation, pursuant to the Constitution of the Republic of Mozambique and the relevant defence and security legislation.

The process of integration of the Renamo officials into the FADM and the Police of the Republic of Mozambique (PRM) shall follow the principle of fair incorporation into the highest hierarchical level.

The same principle shall continue to be applied at all levels, with primacy to competence, merit, and professionalism.

The process of Disarmament, Demobilisation, and Reintegration of the Renamo armed personnel, and the integration of part thereof into the Police of the Republic of Mozambique, shall follow the principles set forth by article 262, item 3, of the Constitution of the Republic of Mozambique, as renumbered in the scope of the specific amendment, which prescribes, among others, that the defence and security forces are non-partisan and refrain from taking positions or participating in actions that may jeopardise their internal cohesion and national unity.

Numbers 2 and 4 of the same legal provision impose that FDS members obey the Constitution of the Republic and the President of the Republic, in his capacity as Commander-in-Chief.

In turn, number 1 of Article 263 of the CRM, as renumbered in the scope of the specific amendment, enshrines that participation in the defence of national independence, sovereignty and territorial integrity is a sacred duty and honour for all Mozambican citizens.

3. Goals

Incorporation

The purpose of incorporating Renamo personnel in the FADM is to ensure compliance with the basic principles indicated in number 2 of this document, especially with regard to issues that affect FADM officers coming from Renamo.

The incorporation of officers from Renamo in PRM units aims to professionalise and reinforce trust between the Parties.

DDR

The DDR aims to assure the security and stability of the country, build an environment of trust and reconciliation among Mozambicans in strict observance of the principles of the Democratic State under the Rule of Law and other relevant laws.

4. Definitions

For the purposes defined in this document, it is understood by:

Incorporation, the adjustment of situations considered harmful to progression in rank and access to positions of command and leadership of the FADM and due recycling and adaptation;

Accommodation Centre, the place where armed Renamo personnel are accommodated for DDR purposes;

Renamo bases, the camps where Renamo armed personnel are located which are not cantonment centres.

(DDR)

Disarmament, the process of collection, delivery and final disposal of the armament and war material in the possession of Renamo armed personnel;

Demobilisation, is the process of transitioning to civilian life Renamo armed personnel which are not incorporated into FADM;

Reintegration, the process of socioeconomic reinsertion of the Renamo armed forces duly demobilised.

Fair incorporation is the access to management and command responsibilities in the highest hierarchical level of the FADM and other units, as well as in the PRM, in accordance with the aforementioned agreement between the President of the Republic and the Leader of Renamo, following the principle established in Annex A and giving primacy to competence, merit, and professionalism.

5. The Institutional Framework of the Process of Incorporation of Renamo officials into the FADM and DDR

Within the scope of the Incorporation and DDR, the following structures shall be created for the purposes of execution, supervision, verification and monitoring:

5.1. The Military Affairs Commission has the general responsibility of supervising and monitoring the implementation of the Incorporation and DDR.

The Commission is also responsible for creating the terms of reference for the specialised technical groups.

In order to perform its duties, the Commission may be assisted by Joint Specialised Technical Groups, namely:

5.2 The Joint Technical Group (GTCE) for Incorporation into FADM comprises two officials of each Party, appointed by the two Superiors.

The GTCE works alongside the General Staff.

5.3 The Joint Technical Group for Disarmament, Demobilisation and Reintegration (GTCDDR), based in Cidade da Beira, is composed of national and international military experts appointed by the Parties.

The international component of this Technical Group is made up of military experts whose task is to provide technical assistance to the Technical Group, in particular, in monitoring disarmament;

5.4 The Monitoring and Verification Group, based in Nhaucunga, Serra da Gorongosa, shall monitor and verify DDR processes.

6. Incorporation of Renamo Officials into the FADM

The incorporation is done through the presentation, by Renamo, of the list of officials whose situation requires due regularisation, both in terms of rank and allocation in FADM.

The individual processes of the officials on the list are subject to study and evaluation by the Technical Group.

In cases where the training of officials proves to be inadequate, specific training will be carried out along with other officials in order to adjust to their new ranks and roles.

The incorporation process initially takes place in accordance with the positions highlighted in bold in Annex A, and must continue in the Personnel Department of the General Staff, in accordance with the terms of reference and the schedule.

The incorporation of Renamo officers into the FADM must last no longer than 120 days (D+120) after confirmation of the Consensus.

Incorporation into other units occurs at a later stage after completing the process provided for in Annex A.

7. Disarmament, Demobilization and Reintegration

The DDR comprises a set of interdependent actions that are performed in a chain from the point of completion of the incorporation of officials from RENAMO into the FADM and PRM, in accordance with the positions highlighted in bold in Annex A in the following sequence:

7.1 Renamo proceeds to deliver information regarding its armed personnel, their location, and the weapons or other war material in their possession to the GTCDDR;

7.2. Based on the information, the Technical Group proceeds to map the bases and indicates the geographic location of the Cantonment Centres;

7.3. The transfer of Renamo armed personnel to the Accommodation Centres;

7.4. The selection of Renamo armed forces to be incorporated into the Police of the Republic of Mozambique (PRM);

7.5. Specialised training of the Renamo elements to be incorporated into the PRM, for a period of 55 days;

7.6. The disarmament, which includes technical processes of:

Registration, identification, and monitoring of the possession of firearms, collection, removal, and destruction or any other agreed purpose;

7.7. The lodging of the Renamo armed personnel in the declared and recognised Accommodation Centres until the conclusion of the DDR;

7.8. The DDR shall last for no longer than 120 days (D+120) after the confirmation of the Consensus;

7.9. The FADM and the PRM must avoid operating near the Accommodation Centres while the DDR is underway, except for the GTCDDR with their international experts.

8. DDR Implementation Phases

8.1. Once the Renamo armed personnel are lodged at the Accommodation Centres, the DDR Joint Technical Group (GTCDDR) specialised in armament, with the support of the international experts, shall certify the non-existence of war material or other artefacts prohibited at the Centres;

8.2. In case unstable explosives are found, they shall be destroyed, and the GTCDDR, with the support of the international experts, shall elaborate a map containing the date, time and location, with geographic coordinates (georeferencing), quality, and type of the armament;

8.3. The GTCDDR registers the armaments of Renamo personnel working with the Technical Group which immediately begins to monitor the armament of armed personnel in the Accommodation Centres;

8.4 Armaments that are not owned by individuals are kept in temporary storage under the responsibility of the GTCDDR and the commander of each centre;

the frequency of its control depends on the amount of existing armament.

8.5 After the process of removal of firearms and explosives, the GTCDDR certifies that the process has been completed, and must, through the Military Affairs Commission, notify the Superiors.

9. DDR Process Monitoring

The Joint Technical Group on DDR (GTCDDR) ensures that DDR activities are implemented in a timely, effective and efficient manner.

The GTCDDR, including the respective international experts, must be impartial and must prepare weekly reports.

The GTCDDR is also responsible for checking accommodation centres for Renamo armed personnel;

monitoring of the accommodation process, collection of weapons from Renamo armed personnel, and their final treatment (destruction or reuse).

It is also responsible for investigating possible DDR violations.