• Country/entity

  Mozambique
  

• Region

  Africa (excl MENA)
  

• Agreement name

  General Peace Agreement for Mozambique

• Date

  4 Oct 1992

• 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 - comprehensive

• Conflict nature

  Government

• Peace process

  Mozambique process in the 90s

• Parties

  Joaquim Alberto Chissano, President of the Republic of Mozambique;
  Afonso Macacho Marceta Dhlakama, President of RENAMO;
  Robert Gabriel Mugabe, President of the Republic of Zimbabwe;

• Third parties

  [The mediators: Mario Raffaelli, Jaime Goncalves, Andrea Riccardi, Matteo Zuppi (all signatories); Chair: Italy; Also present: Italy, Zimbabwe (Mugabe), Botswana, Kenya, South Africa, Malawi, OAU; Reps of the Observers: UN, US, France, Portugal, UK] Witnessed by: Gaositwe Keagakwa Tibe Chiepe, Minister for Foreign Affairs of Botswana; and by the mediators: Mario Raffaelli; Jaime Gonçalves; Andrea Riccardi; Matteo Zuppi;

• Description

  Short agreement with 7 more detailed protocols attached dealing with formation and recognition of political parties; elections; military; guarantees; ceasefire; donors conference. Aimed at reintegration of RENAMO as political party. The Agreement also incoporates the following documents (listed and coded separately on database)They also accept as integral parts of the Ge~eral Peace Agreement for Mozambique the following documents: (a) The Joint Communique of 10 July 1990; (b) The Agreement of 1 December 1990; (c) The Declaration of the Government of the Republic of Mozambique and RENAMO on guiding principles for hurnanitarian assistance, signed in Rome on 16 July 1992; (d) The Joint Declaration signed in Rome on 7 August 1992.

• Agreement document

  MZ_921004_General Peace Agreement.pdf | 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

GENERAL PEACE AGREEMENT FOR MOZAMBIQUE

Rome, 4 October 1992

GENERAL PEACE AGREEMENT FOR MOZAMBIQUE

Joaquim Alberto Chissano, President of the Republic of Mozambique and Afonso Macacho Marceta Dhlakama, President of RENAMO, meeting at Rome, under the chairmanship of the Italian Government, in the presence of the Minister for Foreign Affairs of the Italian Republic, Emilio Colombo, and in the presence of:

H.E. Robert Gabriel Mugabe, President of the Republic of Zimbabwe;

H.E. Ketumile Masire, President of the Republic of Botswana;

H.E. George Saitoti, Vice-President of the Republic of Kenya;

H.E. Roelof F. Botha, Minister for Foreign Affairs of the Republic of South Africa;

The Hon.

John Tembo, Minister in the Office of the President of the Republic of Malawi;

Ambassador Ahmed Haggag, Assistant Secretary-General of OAU;

and of the mediators:

Mario Raffaelli, representative of the Italian Government and coordinator of the mediators, Jaime Gonçalves, Archbishop

of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio;

and representatives of the observers:

Dr. James O. C. Jonah,

Under-Secretary-General for Political Affairs of the United Nations;

H.E. Ambassador Herman J, Cohen, Assistant Secretary of State, for

the Government of the United States of America;

H.E. Ambassador Philippe Cuvillier for the Government of France;

H.E. Dr. Jose Manuel Durao Barroso, Secretary of State for Foreign Affairs, for the Government of Portugal;

and H.E. Sir Patrick Fairweather for the Government of the United Kingdom;

at the conclusion of the negotiating process in Rome for the establishment of a lasting peace and effective democracy in Mozambique, accept as binding the following documents which constitute the General Peace

Agreement:

ı. Protocol I (Basic principles);

2. Protocol II (Criteria and arrangements for the formation and

recognition of political parties);

3. Protocol III (Principles of the Electoral Act);

4. Protocol IV (Military questions);

5. Protocol V (Guarantees) ;

6. Protocol VI (Cease-fire);

7. Protocol VII (donors' conference).

They also accept as integral parts of the General Peace Agreement for

Mozambique the following documents:

(a) The Joint Communique of 10 July 1990;

(b) The Agreement of 1 December 1990;

(c) The Declaration of the Government of the Republic of Mozambique and RENAMO on guiding principles for hurnanitarian assistance, signed in

Rome on 16 July 1992;

(d) The Joint Declaration signed in Rome on 7 August 1992.

The President of the Republic of Mozambique and the President of RENAMO undertake to do everything within their power for the achievement of genuine national reconciliation.

The above-mentioned protocols have been duly initialled and signed by the respective heads of delegation and by the mediators.

The present General Peace Agreement shall enter into force immediately upon its signature.

(Signed) Joaquim Alberto Chissano

President of the Republic

of Mozambique

(Signed) Afonso Macacho Marceta Dhlakama

President of RENAMO

The mediators:

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

Signed at Rome on 4 October 1992

PROTOCOL I

BASIC PRINCIPLES

On 18 October 1991, the delegation of the Government of the Republic of Mozambique, headed by Armanda Emilio Guebuza, Minister of Transport and Communications, and composed of Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, and Francisco Madeira, Diplomatic Adviser to the President of the Republic, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the External Relations Department, and composed of Vicente Zacarias Ululu, Chief of the Information Department, Agostinho Semende Murrial, Deputy Chief of the Political Affairs Department and Joao Francisco Almirante, member of the President's cabinet, meeting at Rome in the context of the peace talks, in the presence of the mediators, Mario Raffaelli, representative of the Government of the Italian Republic and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio;

Determined to secure the higher interests of the Mozambican people, reaffirm that dialogue and collaboration are the indispensable means of

achieving a lasting peace in the country.

Accordingly:

1. The Government undertakes to refrain from taking any action that is contrary to the provisions of the Protocols to be concluded and from adopting

laws or measures or applying existing laws which may be inconsistent with those Protocols.

2. RENAMO, for its part, undertakes, beginning on the date of entry into force of the cease-fire, to refrain from armed combat and instead to conduct

its political struggle in conformity with the laws in force, within the framework of the existing State institutions and in accordance with the conditions and guarantees established in the General Peace Agreement.

3. The two parties commit themselves to concluding as soon as possible a General Peace Agreement, containing Protocols on each of the items of the agenda adopted on 28 May 1991 and to take the necessary steps to that end.

In that connection, the Government shall endeavour not to hamper international travel by representatives of RENAMO and external contacts of RENAMO in connection with the peace negotiations.

Contacts within the country between RENAMO and the mediators or the members of the Joint Verif ication Commission shall likewise be permitted for the same purpose.

Specific arrangements for such contacts shall be made on a case-by-case hasis in response to requests by the mediators to the Government.

4. The Protocols to be concluded in the course of these negotiations shall form an integral part of the General Peace Agreement and shall enter into

force on the date of signature of the Agreement, with the exception of paragraph 3 of this Protocol, which shall enter into force immediately.

5. The parties agree on the principle of establishing a commission to supervise and monitor compliance with the General Peace Agreement.

The

commission shall be composed of representatives of the Government, RENAMO, the United Nations and other organizations or Governments to be agreed upon between the parties.

For the delegation of the Government of the Republic of Mozambigue:

(Signed) Armando Emilio Guebuza

The mediators:

For the delegation of RENAMO:

(Signed) Raul Manuel Domingos

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

Done at San Egidio, Rome, on 18 October 1991

PROTOCOL II

CRITERIA AND ARRANGEMENTS FOR THE FORMATION AND RECOGNITION

OF POLITICAL PARTIES

On 13 November 1991, the delegation of the Government of the Republic of Mozambique, headed by Armanda Emilio Guebuza, Minister of Transport and Communications, and composed of Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, and Francisco Madeira, Diplomatic Adviser to the President of the Republic, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the External Relations Department, and composed of Vicente Zacarias Ululu, Chief of the Information Department, Agostinho Semende Murrial, Deputy Chief of the Political Affairs Department and, Joao Francisco Almirante, member of the President's cabinet, meeting in Rome in the context of the peace talks, in the presence of the mediators, Mario Raffaelli, representative of the Government of the Italian Republic and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio, took up item 1 of the Agreed Agenda of 28 May 1991, concerning "Criteria and arrangements for the formation and recognition of political parties".

At the conclusion of their talks, the parties agreed on the necessity of guaranteeing the workings of a multi-party democracy in which the parties

would freely cooperate in shaping and expressing the will of the people and in promoting democratic participation by the citizens in the Government of the country.

In this connection, and bearing in mind the provisions of Protocol I on "Basic principles", the parties have agreed on the following principles:

1. The nature of political parties

(a) Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for democratic participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.

(b) Associations whose primary purpose is to promote local or sectoral interests or the exclusive interests of a given social group or class of citizens shall be different from political parties and may not enjoy the status provided for by law for such parties.

(c) The Political Parties Act shall determine the conditions for the acquisition of the status of juridical person by political parties.

(d) Political parties shall be granted specific privileges, which shall be guaranteed by law.

(e) For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in

accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.

2. General principles

In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling

their actions:

(a) They must pursue democratic purposes;

(b) They must pursue national and patriotic interests;

(c) The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious;

(d) The members of political parties must be citizens of Mozambique;

(e) The parties must have a democratic structure and their internal bodies must be transparent;

(f) The parties must accept democratic methods for the pursuit of their aims;

(g) Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.

3. The rights of parties

The purpose of the Political Parties Act shall be to protect the freedom of action and operation of political parties, with the exception of those

which espouse anti-democratic, totalitarian or violent aims, or which conduct their activities in a manner contrary to law.

Parties shall enjoy the following rights:

(a) Equal rights and duties before the law;

(b) Every Party shall have the right freely and publicly to propound its policies;

(c) Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the hasis of criteria of representativeness to be specified in the Electoral Act;

(d) Exemption from taxes and fees as provided for by law;

(e) No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion;

(f) Other aspects specific to individual political parties shall be determined in their respective statutes or regulations, which must conform

with the law.

Public notice shall be given of such statutes or regulations.

4. Duties of parties

Political parties shall fulfil the following requirements:

(a) They shall be identified by name, acronym and symbol.

The use of names, acronyms or symbols which may be considered offensive by the

inhabitants or which incite to violence and may have divisive connotations based on race, region, tribe, gender or religion shall be prohibited;

(b) They shall not call into question the country's territorial integrity and national unity;

(c) They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office;

(d) They must ensure that their statutes and programmes are approved by a majority of their members or by assemblies representing those members;

(e) As regards their internal organization, Parties must fully respect the principle of free adherence of their members, who may not be compelled to

join or remain in a party against their will;

(f) They must be registered and disclose annually their accounts and sources of funding.

5. Registration

(a) The purpose of registration is to certify that the founding and existence of parties is in accordance with the applicable legal principles

and, consequently, to confer on parties the status of juridical person;

(b) For the purposes of registration, each Party must have collected at least 2,000 signatures;

(c) Responsibility for registering parties shall rest with the Government;

(d) The Commission provided for in paragraph 5 of Protocol I on basic principles shall consider and settle any disputes which may arise in

connection with the registration of parties.

For that purpose the Government shall make available to the Commission the documents required by law.

6. Implementation

(a) The Parties agree that, immediately following the signature of the General Peace Agreement, RENAMO shall commence its activities as a political party, with the privileges provided for by law;

it shall, however, be required to submit at a later date the documents required by law for registration;

(b) Pursuing the method of dialogue, collaboration and regular consultation, the parties agree to establish, in connection with the discussion of item 5 of the Agreed Agenda, the timetable of activities necessary for the proper implementation of this Protocol.

In witness whereof, the Parties have decided to sign this Protocol.

For the delegation of the Government of the Republic of Mozambique:

(Signed) Armando Emilio Guebuza

The mediators:

For the delegation of RENAMO:

(Signed) Raul Manuel Domingos

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

Done at San Egidio, Rome, on 13 November 1991

PROTOCOL III

On 12 March 1992, the delegation of the Government of the Republic of Mozambique, headed by Armando Emilio Guebuza, Minister of Transport and Communications, and composed of Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, and Francisco Madeira, Diplomatic Adviser to the President of the Republic, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the Organization Department, and composed of Vicente Zacarias Ululu, Chief of the Information Department, Agostinho Semende Murrial, Deputy Chief of the Organization Department, and Virgilio Namalue, Director of the Information Department, meeting in Rome in the context of the peace talks, in the presence of the mediators, Mario Raffaelli, representative of the Government of the Italian Republic and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio, took up the

item of the agenda signed on 28 May 1991 concerning the Electoral Law and agreed as follows:

This Protocol sets forth the general principles which should guide the drafting of the Electoral Act and any possible amendments to the laws in

connection with the conduct of the electoral process.

The Electoral Act shall be drafted by the Government, in consultation with RENAMO and all other political parties.

ı. Freedom of the press and access to the media

(a) All citizens shall enjoy the right of freedom of the press and freedom of information.

These freedoms shall encompass, specifically, the

right to establish and operate newspapers and other publications, radio and television broadcasting stations and other forms of written or sound

communication, such as posters, leaflets and other media.

These rights shall not be abridged by censorship.

(b) Administrative and tax regulations shall in no case by used to hamper or prevent the exercise of this right on political grounds.

(c) Freedom of the press shall also include freedom of expression and creation for journalists and the protection of their independence and

professional secrecy.

(d) The Government-controlled mass media shall enjoy editorial independence and shall guarantee, in accordance with the specific regulations

envisaged in section V.3.b.l of this Protocol, the right of all parties to access without political discrimination.

Provision should be made in such

regulations for access by all parties free of charge.

Advertisements which conform to the prevailing commercial practice may

not be refused on political grounds.

(e) The mass media may not discriminate against ar refuse on political grounds any party ar its candidates the exercise of the right of reply or the

publication of corrections or retractions.

Access to the courts shall be guaranteed in cases of defamation, slander, libel and other press offences.

II. Freedom of association, expression and political activity

(a) All citizens shall have the right to freedom of expression, association, assembly, demonstration and political activity.

Administrative and tax regulations shall in no case be used to prevent or hamper the exercise of the.se rights for political reasons.

These rights shall not extend to the

activities of unlawful private paramilitary groups or groups which promote violence in any form or terrorism, racism or separatism.

(b) Freedom of association, expression and political activity shall encompass access, without discrimination, ta the use of public places and facilities.

Such use shall be conditional on submission of an application to the competent administrative authorities, who must give a decision within 48 hours after the submission of the application.

Applications may be rejected only for reasons of public order or for organizational considerations.

III. Liberty of movement and freedom of residence

All citizens shall have the right to move about throughout the country without having to obtain administrative authorization.

All citizens have the right to choose to reside anywhere in the national territory and to leave or return to the country.

IV. Return of Mozambican refugees and displaced persons and their social reintegration

(a) The parties undertake to cooperate in the repatriation and reintegration of Mozambican refugees and displaced persons in the national

territory and the social integration of war-disabled.

(b) Without prejudice to the liberty of movement of citizens, the Government shall draw up a draft agreement with RENAMO to organize the necessary assistance to refugees and displaced persons, preferably in their original places of residence.

The parties agree to seek the involvement of the competent United Nations agencies in the drawing up and implementation of this plan.

The International Red Cross and other organizations to be agreed upon shall be invited to participate in the implementation of the plan.

(c) Mozambican refugees and displaced persons shall not forfeit any of the rights and freedoms of citizens for having left their original places of

residence.

(d) Mozambican refugees and displaced persons shall be registered and included in the electoral rolls together with other citizens in their places of residence.

(e) Mozambican refugees and displaced persons shall be guaranteed restitution of property owned by them which is still in existence and the right to take legal action to secure the return of such property from individuals in possession of it.

V. Electoral procedures:

system of democratic, impartial and pluralistic voting

1. General principles

(a) The Electoral Act shall establish an electoral system which is consonant with the principles of the direct, egual, secret and personal ballot.

(b) Elections to the Assembly of the Republic and for President of the Republic shall be held simultaneously.

(c) The elections shall take place within one year after the date of the signing of the General Peace Agreement.

This period may be extended if it is

determined that circumstances exist which preclude its observance.

2. The right to vote

(a) Mozambican citizens 18 years of age and over shall have the right to vote, with the exception of individuals suffering from certified mental

incapacity or insanity.

(b) As envisaged by item 4 (a) of the Agreed Agenda, Mozambican citizens who are detained or have been sentenced to a prison term for a criminal

offence under ordinary law shall not have the right to vote until they complete their sentence.

In any event, this restriction shall not apply to

individuals belonging to the Parties in respect of acts committed in the course of military operations.

(c) Exercise of the right to vote shall be conditional on registration in the electoral rolls.

(d) With the aim of promoting the broadest possible participation in the elections, the parties agree to encourage all Mozambican citizens 18 years of

age and over to register and to exercise their right to vote.

3. National elections commission

(a) For the purpose of organizing and conducting the electoral process, the Government shall set up a National Elections Commission, composed of

individuals whose professional and personal gualities afford guarantees of balance, objectivity and independence vis-a-yis all political parties.

One

third of the members to be appointed to the Commission shall be nominated by RENAMO.

(b) The Commission shall have the following functions:

1. To draw up, in consultation with the political parties, regulations governing election campaigning, regulations on the distribution of broadcast air time and regulations on the utilization of public and private places and facilities during the election campaign.

2. To oversee the compilation of electoral rolls, the legal filing of candidacies, the public announcement of candidacies and checking

and recording the election results.

3. To monitor the electoral process and ensure compliance with the laws.

4. To ensure equality of treatment for citizens in all acts relating to the elections.

5. To receive, consider and settle complaints with respect to the validity of the elections.

6. To ensure equal opportunity and treatment for the different candidates.

7. To review the election accounts.

8. To draw up and have published in the national gazette (Boletim da Republica) the lists of the results of the final vote tally.

4. Voting Assemblies

(a) At each polling place there shall be a Voting Assembly composed of:

All citizens who are to exercise their right to vote at the given

polling place;

representative of the various candidates and parties.

(b) Each Voting Assembly shall be presided over by a Ballot Board composed of a Chairman, a vice-chairman-cum-secretary and tellers which shall

oversee the electoral operations.

(c) The members of the Ballot Board shall be appointed from among the voters belonging to the Voting Assembly in question, with the agreement of the representatives of the various candidates.

(d) The ballot boards shall be responsible for monitoring all electoral operations and transmitting the results to the National Elections Commission.

(e) Delegates of the candidates or parties in the Voting Assembly shall have the right:

1. To monitor all electoral operations.

2. To examine the rolls compiled or utilized by the Board.

3. To be heard and to receive clarifications with respect to all matters relating to the conduct of the Assembly.

4. To submit complaints.

5. To occupy the places closest to the Assembly Board.

6. To initial and sign the official records of the Assembly and to monitor all acts related to the electoral operations.

(f) Any complaints shall be included in the official records and transmitted to the National Elections Commission.

5. Election to the Assembly of the Republic

(a) The country's provinces shall constitute electoral districts.

The National Elections Commission shall decide on the apportionment of seats to

each electoral district on the hasis of population.

(b) The Electoral Act shall provide for an electoral system based on the principle of proportional representation for election to the Assembly.

(c) Parties which intend to stand jointly for elections to the Assembly must submit lists under a single emblem.

(d) Once the election campaign has begun, the combining of electoral lists for the purpose of pooling votes shall not be permitted.

(e) Citizens 18 years of age and over shall be eligible to stand for election to the Assembly of the Republic.

The parties agree, however, on the

desirability of raising the minimum age to 25 for the forthcoming elections as a transitional measure.

(f) A minimum percentage of votes cast nationwide shall be established, below which competing political parties may not have a seat in the Assembly.

This percentage shall be agreed in consultation with all political parties in the country and shall not be less than 5 per cent or mora than 20 per cent.

(g) Representatives of the parties in each electoral district shall be elected in the order in which they appear on the lists.

6. Election of the President of the Republic

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(a) The President of the Republic shall be elected by an absolute majority of ballots cast.

If no candidate obtains an absolute majority, a second ballot shall be held restricted to the two candidates who have received the highest number of votes.

(b) The second ballot shall take place within one to three weeks after the announcement of the results of the first ballot.

Having regard to organizational considerations, the date of the ballot shall be indicated before the commencement of the election campaign.

(c) Individuals 35 years of age and over who are citizens and registered voters shall be eligible to stand for election to the office of President of

the Republic.

(d) Candidacies for President of the Republic must have the support of at least 10,000 signatures of Mozambican citizens 18 years of age and over who are currently registered voters.

7. Financing and facilities

(a) The National Elections Commission shall guarantee the distribution to all parties competing in the elections, without discrimination, of

subsidies and logistic support for the election campaign apportioned on the basis of the number of each party's candidates and under the supervision of all parties competing in the elections.

(b) The Government undertakes to assist in obtaining facilities and means so that RENAMO may secure the office space and transport and

communications facilities it needs to carry out its political activities in all the provincial capitals, and in other locations to the extent that the

available resources so permit.

(c) For these purposes the Government shall seek support from the international community and, in particular, from Italy.

VI. Guarantees for the electoral process and role of international observers

(a) Supervision and monitoring of the implementation of this Protocol shall be guaranteed by the Commission envisaged in Protocol I on basic

principles.

(b) With a view to ensuring the highest degree of impartiality in the electoral process, the parties agree to invite as observers the United Nations, OAU and other organizations, as well as appropriate private individuals from abroad as may be agreed between the Government and RENAMO.

The observers shall perform their function from the commencement of the electoral campaign to the time when the Government takes office.

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(c) With the aim of expediting the peace process, the parties also agree on the necessity of seeking technical and material assistance from the United Nations and OAU following the signature of the General Peace Agreement.

(d) The Government shall address formal requests to the United Nations and OAU in pursuance of the provisions of this section.

In witness whereof, the parties have decided to sign this Protocol.

For the delegation of the Republic of Mozambique:

For the delegation of RENAMO:

(Signed) Armanda Emilio Guebuza (Signed) Raul Manuel Domingos

The mediators:

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

Done at Rome, on 12 March 1992

PROTOCOL IV

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On 4 October 1992, the delegation of the Government of the Republic of Mozambique, headed by Armanda Emilio Guebuza, Minister of Transport and Communications, and composed of Mariano de Araujo Matsinha, Minister without Portfolio, Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, Lieutenant-General Tobias Dai, Francisco Madeira, Diplomatic Advisor to the President of the Republic, Brigadier Aleixo Malunga, Colonel Fideles De Sousa, Major Justino Nrepo, Major Eduardo Lauchande, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the Organization Department, and composed of Jose De Castro, Chief of the External Relations Department, Agostinho Semende Murrial, Chief of the Information Department, Jose Augusto Xavier, Director-General of the Internal Administration Department, Major-General Herminio Morais, Colonel Fernando Canivete, Lieutenant-Colonel Arone Julai, Lieutenant Antonio Domingos,

meeting at Rome in the presence of the mediators, Mario Raffaelli, representative of the Italian Government and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio, and the observers of the United Nations and the Governments of the United States of America, France, the United Kingdom and Portugal, took up item 3 of the Agreed Agenda of 28 May 1991, entitled "Military questions", and agreed as follows:

I. Formation of the Mozambican Defence Force

i. General principles

1. The Mozambican Defence Force (FADM) shall be formed for service throughout the national territory.

2. The FADM:

(a) Has as its general purpose the defence and safeguarding of the country's sovereignty, independence and territory.

During the period between the cease-fire and the time when the new Government takes office, the FADM may, under the FADM High Command, act in cooperation with the Police Command to protect civilian inhabitants against erime and violence of all kinds.

Additional functions of the FADM shall be to provide assistance in crisis or emergency situations arising in the country as a result of natural disasters

and to provide support for reconstruction and development efforts.

(b) Shall be non-partisan, career, professionally trained, and competent;

it shall be made up exclusively of Mozambican citizens who are volunteers and are drawn from the forces of both Parties.

It shall serve the country with professionalism and respect the democratic order and the rule of law.

The composition of the FADM should preclude all forms of racial or ethnic discrimination or discrimination based on language or religious affiliation.

/ ...

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3. The process of forming the FADM shall begin after the entry into force of the cease-fire immediately following the inauguration of the Commission

provided for in Protocol I of 18 October 1991, to be called the Supervisory and Monitoring Commission (CSC).

This process shall be completed prior to the commencement of the election campaign.

4. The process of forming the FADM shall be conducted simultaneously with the concentration, disarmament and integration into civilian life of the

personnel demobilized in stages as a result of the cease-fire.

The Government and RENAMO shall be responsible for contributing units drawn from the existing forces of each side;

this process shall proceed until the new units of the FADM have been formed, with all existing units being demobilized when the FADM has reached full strength.

5. The neutrality of the FADM during the period between the cease-fire and the time when the new Government takes off ice shall be guaranteed by the Parties through the Commission referred to in section I.iii.1.a of this Protocol.

6. By the time of the elections, only the FADM shall exist and shall have the structure agreed upon between the Parties;

no other forces may remain in existence.

All elements of the existing armed forces of the two Parties which are not incorporated into the FADM shall be demobilized during the period envisaged in section VI.i.3 of this Protocol.

ii. Personnel

ı. The Parties agree that the troop strength of the FADM up until the time when the new Government takes office shall be as follows:

(a) Army:

24,000

(b) Air Force:

4,00Q

(c) Navy:

2,000

2. The personnel of the FADM in each of the service branches shall be provided by the FAM and the forces of RENAMO, each side contributing 50 per cent.

iii. FADM command structures l/

1. The parties agree to establish a Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) on the following basis:

l/ Annex No.

ı.

I • •

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(a) CCFADM shall have specific responsibility for overseeing the process of forming the FADM and shall operate under the authority of ese;

(b) CCFADM is the body responsible for the formation of the FADM until the time when the new Government takes office.

FADM shall be headed by a High command (cs), which shall be subordinate to CCFADM.

After the new Government takes office, the FADM shall be placed under the authority of the new Ministry of Defence or any other body which the new Government may establish;

(c) CCADM shall be composed of representatives of the FAM and the RENAMO forces as members, who sha-l.l be assisted by representatives of the countries selected by the Parties to advise in the process of forming the FADM.

CCFADM shall be inaugurated on the date of the entry into force of the cease-fire (E-Day);

(d) CCFADM shall draw up directives on the phasing of the establishment of the FADM structures and shall propose to ese:

The rules governing the FADM;

The budget to be provided for the FADM until the new Government takes office;

The criteria for selection and the selection of FAM personnel and RENAMO forces for the formation of the FADM;

The names of the commanding officers of the main commands.

2. FADM High command

(a) The general mission of cs shall be to act on the directives issued by CCFADM, taking into account the establishment of the FADM structures and support for the FADM;

(b) Until the new Government takes office, the command of FADM shall be exercised by two general off icers of equal rank, appointed by each of the

Parties.

Decisions of the command shall be valid only when signed by these two general officers;

(c) The FADM command structure shall be strictly non-political and shall receive directives and orders only through the appropriate chain of command;

(d) The FADM shall have a single logistics service for all three branches.

To that end, a Logistics and Infrastructure command shall be established, under the authority of the FADM High command;

(e) Appointments to the FADM High command and the coınmands of the three branches of the FADM and the Logistics command shall be proposed by CCFADM and approved by CSC;

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(f) Until the new Government takes office, the FADM High command shall be assisted by the General Staff, with departments headed by general officers or senior officers proposed by CCFADM and approved by ese.

3. command of the Army, Air Force and Navy and the Logistics command:

The FADM High command shall have authority over the Commands of the three service branches (Army, Air Force and Navy) and the Logistics command, which shall be organized as follows:

(a) Army command

1. The structure of the Army command shall encompass the military regions under the direct authority of the Army commander, whose functions

are to be determined but which may include the organization and preparation of forces, training, justice, discipline and logistic support

to assigned forces.

2. Each military region shall have a commanding officer holding the rank of general, who shall be assisted by a deputy commander.

3. The headquarters of the military regions shall be proposed by the commander of the Army and approved by cs.

(b) Air Force command

The Air Force shall be formed having regard to the training and skills of the personnel of the existing Air Force and the existing RENAMO forces, in

accordance with the provisions of the directives issued by CCFADM.

(c) Navy command

The Navy shall be formed having regard to the training and skills of the personnel of the existing Navy and the RENAMO forces, in accordance with the provisions of the directives issued by CCFADM.

(d) Logistics and Infrastructure command

1. A Logistics and Infrastructure command shall be set up under the direct authority of the FADM High command.

2. The Logistics and Infrastructure command shall have the overall mission of planning and providing administrative and logistic support for

the FADM (Army, Air Force and Navy) and ensuring delivery of such support through the FADM General Services.

It shall, in particular, be

responsible for production and procurement logistics.

3. The Logistics and Infrastructure command shall be headed by a general, assisted by a deputy commander and a general staff which shall, initially, include the following sections:

Infrastructure;

General services;

Equipment;

Finance.

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4. The Logistics and Infrastructure Command shall have authority over such support units as may be assigned to it.

iv. Timetable for the process

(a) The formation of the FADM shall commence with the appointment of the following:

CCFADM, prior to the entry into force of the cease-fire (E-Day);

The FADM High Command on E-Day + 1;

The commanders of the three service branches and the logistics command;

The commanders of the military regions;

The unit commanders.

(b) General staffs shall be organized immediately following the appointment of each command.

(c) The system of administrative and logistics support shall be organized taking into account the new size of the FADM, in accordance with the

principle of utilizing or transforming existing structures on the hasis of the plans of the FADM High Command, as approved by CCFADM.

v. Technical assistance of foreign countries

The parties shall inform the mediators within 7 (seven) days after the signing of the cease-fire protocol the countries which are to be invited to provide assistance in the process of forming the FADM.

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II. Withdrawal of foreign troops from Mozambican territory

1. The withdrawal of foreign troops from Mozambican territory shall be initiated following the entry into force of the cease-fire (E-Day).

The Government of the Republic of Mozambique undertakes to negotiate the complete withdrawal of foreign forces and contingents from Mozambican territory with the Governments of the countries concerned.

The modalities and time-frame for the withdrawal shall not contravene any

provision of the cease-fire Agreement or the General Peace Agreement.

2. The Government of the Republic of Mozambique shall submit to ese the deadlines and plans for implementation of the withdrawal, specifying the exact numbers of troops present in Mozambican territory and their location.

3. The complete withdrawal of foreign forces and contingents from Mozambican territory shall be monitored and verified by the cease-fire commission (CCF) referred to in paragraph VI.(i).2 of this Protocol.

CCF shall inform CSC of the conclusion of the complete withdrawal of foreign forces from the national territory.

4. In accordance with its mandate ese, through CCF, will, following the withdrawal of the foreign troops, assume immediate responsibility for verifying and ensuring security of strategic and trading routes, adopting the measures it deems necessary for the purpose.

III. Activities of private and irregular armed groups

1. Except as provided in paragraph 3 below, paramilitary, private and irregular armed groups active on the day of entry into force of the cease-fire

shall be disbanded and pro~ibited from forming new groups of the same kind.

2. CCF shall monitor and verify the disbanding of the private and irregular armed groups and shall collect their weapons and ammunition.

ese shall decide the final disposition of the weapons and ammunition collected.

3. CSC may as a temporary measure organize the continued existence of security organizations for the purpose of ensuring the security of specified

public or private infrastructures during the period between the cease-fire and the time when the new Government takes office.

4. These security organizations may be authorized to use weapons in the discharge of their duties.

The activities of these organizations shall be

monitored by CCF.

IV. Functioning of the National Service for People's Security

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ı. The parties agree that it is essential that the State information service

should continue to function during the period between the entry into force of

the cease-fire and the time when the new Government takes office, in order to

ensure that the strategic information required by the State is made available

and for the purpose of protecting the sovereignty and independence of the

Republic of Mozambique.

2. For the purposes indicated above, the Parties agree that the State Information and Security Service (SISE) established by Act No.

20/91 of

23 August 1991 shall continue to perform its functions under the direct authority of the President of the Republic of Mozambique and subject to the

following principles:

3. SISE shall:

(a) perform its duties and functions strictly in accordance with the spirit and the letter of internationally recognized democratic principles;

(b) respect the civil and political rights of citizens, as well as the internationally recognized human rights and fundamental freedoms;

(c) be guided in the performance of its functions by the interests of the State and the common welfare, in a manner free from any partisan or ideological considerations or regard for social standing and from any other form of discrimination;

(d) act at all times and in all respects in conformity with the terms and spirit of the General Peace Agreement.

4. SISE shall be composed, at all levels of the service, of citizens selected on the hasis of criteria that are in conformity with the principles

specified above.

5. ( a) The measures taken by SISE, as well as all actions of its agents, shall at all times be governed by the law in force in the Republic of Mozambique and by the principles agreed upon in the General Peace Agreement;

(b) The activities and prerogatives of SISE shall be confined to the production of information required by the Presid~nt of the Republic, within the limits authorized by the juridical order and in strict respect for the principles of the State ruled by law and for human rights and fundamental freedoms.

The information thus obtained may in no case be used to limit the exercise of the democratic rights of citizens or to favour any political party;

(c) In no case may police functions be assigned to SISE.

6. The Director-General and Deputy Director-General of SISE shall be appointed by the President of the Republic of Mozambique.

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7. ( a) For purposes of verifying that the actions of SISE do not violate the legal order or result in violation of the political rights of citizens, a National Information Commission (COMINFO) shall be established;

(b) COMINFO shall be composed of 21 members whose professional and personal qualities and past record afford guarantees of balance, effectiveness and independence vis-a-vis all political parties;

(c) COMINFO shall be established by the President of the Republic of Mozambique within 15 days following the entry into force of the General Peace Agreement and shall be composed of six citizens nominated by RENAMO, six nominated by the Government, and nine selected as a result of consultations to be held by the President of the Republic with the political forces in the country from among citizens meeting the requirements specified in subparagraph (b);

(d) COMINFO shall have full powers to investigate any matter relating to the activity of SISE that is held to be contrary to the legal order and to the

principles specified in paragraphs 1, 2, 3 and 5.

A request for investigation may be rejected only by a two-thirds majority of its membership;

(e) COMINFO shall provide ese with the reports and clarifications called for by the latter commission;

(f) COMINFO shall inform the competent State authorities of any irregularities detected, in order that they may take the appropriate police or disciplinary measures.

V. Depoliticization and restructuring of the police forces

1. During the period between the entry into force of the cease-fire and the assumption of power by the new Government, the Police of the Republic of Mozambique (PRM) shall continue to perform its functions under the responsibility of the Government.

2. The Police of the Republic of Mozambique shall:

(a) perform its duties and functions strictly in accordance with the spirit and the letter of internationally recognized democratic principles;

(b) respect the civil and political rights of citizens, as well as the internationally recognized human rights and fundamental freedoms;

(c) be guided in the performance of its functions by the interests of the State and common welfare, in a manner free from any partisan or ideological considerations or regard for social standing and from any other form of discrimination;

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(d) act at all times in conformity with the terms and spirit of the General Peace Agreement;

(e) act at all times with impartiality and independence vis-a-vis all political parties.

3. The PRM shall be composed of citizens selected on the hasis of criteria that are in conformity with the principles specified above.

4. The basic tasks of the PRM shall be:

(a) to ensure respect for and defence of the law;

(b) to maintain public order and tranquillity and to prevent and suppress crime;

(c) to guarantee the existence of a climate of social stability and harmony.

5. ( a) The measures taken by the PRM, as well as all actions of its agents, shall at all times be governed by the law and the legislative provisions in

force in the Republic of Mozambique and by the principles agreed upon in the General Peace Agreement;

(b) The activities and prerogatives of the PRM shall be exercised within the limits authorized by the juridical order, but with strict respect for the

principles of the State ruled by law and for hurnan rights and fundamental freedoms.

These activities may not be directed towards limiting the exercise of the democratic rights of citizens or favouring any political party.

6. The Commander and Deputy Commander of the PRM shall be appointed by the President of the Republic of Mozambique.

7. ( a) For purposes of verifying that the actions of the PRM do not violate the legal order or result in violation of the political rights of citizens, a

National Police Affairs Commission (COMPOL) shall be established;

(b) COMPOL shall be composed of 21 members whose professional and personal qualities and past record afford guarantees of balance, effectiveness and independence vis-a-vis all political parties;

(c) COMPOL shall be established by the President of the Republic of Mozambique within 15 days following the entry into force of the General Peace

Agreement and shall be composed of six citizens nominated by RENAMO, six nominated by the Government, and nine selected as a result of consultations to be held by the President of the Republic with the political forces in the country from among citizens meeting the requirements specified in subparagraph (b);

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(d) COMPOL shall have full powers to investigate any matter relating to the activity of PRM that is held to be contrary to the legal order and to the

principles specified in paragraphs 1, 2, 4 and 5.

On being apprised of a matter, the commission shall conduct a preliminary internal analysis in order

to determine whether it falls within the sphere of police activities.

The Commission shall decide to proceed with the investigations if more than half

of its members so agree;

(e) COMPOL shall submit systematic reports on its activities to ese;

(f) COMPOL shall inform the competent State authorities of any irregularities detected, in order that they may take the appropriate judicial or disciplinary measures.

VI. Economic and social reintegration of demobilized soldiers

(i) Demobilization

1. Demobilization of the FAM and the forces of RENAMO means the process whereby, at the decision of the respective Parties, soldiers who on E-Day were members of those forces revert for all purposes to the status of civilians.

2. Cease-fire commission

(a) On E-Day, the cease-fire commission (CCF) shall be established and begin its functions under the direct supervision of ese.

(b) CCF shall be composed of representatives of the Government, RENAMO, the invited countries and the United Nations.

ecF shall be presided over by the United Nations.

(c) CCF shall be based in Maputo and shall be structured as follows:

Regional offices (North, Centre and South);

Offices at the assembly and billeting locations of the two Parties.

(d) CCF shall have, inter alia, the function of implementing the demobilization process, with the following tasks:

Planning and organization;

Regulation of procedures;

Direction and supervision;

Registration of troops to be demobilized and issue of the respective identity cards;

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Collection, registration and custody of weapons, ammunition, explosives, equipment, uniforms and documentation;

destroying or deciding on the other disposition of weapons, ammunition, explosives, equipment, uniforms and documentation as agreed by the Parties;

Medical examinations;

Issue of demobilization certificates.

(e) The United Nations shall assist in the implementation, verification and monitoring of the entire demobilization process.

3. Timetable

E-Day:

Installation of CCF and commencement of its functions

E-Day + 30:

Definition by both Parties of the troops to be demobilized;

activation of demobilization structures and initiation of the process

E-Day + 60:

Demobilization of at least 20 per cent of the total troops to be demobilized

E-Day + 90:

Dernobilization of at least a further 20 per cent of the total troops to be demobilized

E-Day + 120:

Demobilization of at least a further 20 per cent of thetotal troops to be demobilized

E-Day + 150:

Demobilization of at least a further 20 per cent of thetotal troops to be demobilized

E-Day + 180:

End of demobilization of the troops to be demobilized.

(ii) Reintegration

1. The term "demobilized soldier" means an individual who:

up until E-Day was a member of the FAM or the RENAMO forces;

subsequent to E-Day was demobilized at the decision of the relevant command, and handed over the weapons, ammunition, equipment, uniform and documentation in his possession;

has been registered and has received the relevant identity card;

has received the demobilization certificate.

For all purposes, demobilized soldiers of both Parties shall become civilians and shall be accorded equal treatment by the State.

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2. Reintegration commission

(a) A Reintegration commission (CORE) shall be established.

CORE shall operate under the direct authority of CSC and shall initiate its functions on E-Day.

(b) CORE shall be composed of representatives of the Government and RENAMO, representatives of the invited countries, a representative of the United Nations, who shall preside, and representatives of other international organizations.

(c) CORE shall be based at Maputo and shall be structured as follows:

Regional offices (North, centre and South);

Provincial offices in each provincial capital.

(d) The assignment of CORE shall be to effect the economic and social reintegration of demobilized soldiers, and it shall for this purpose conduct

the following tasks:

Planning and organization;

Regulation of procedures;

Direction and supervision;

Monitoring.

3. Resources

The economic and social reintegration of demobilized soldiers (demobilization allowances, technical and/or vocational training, transport, etc.)

will depend on the resources made available within the framework of the Donor conference as referred to in item 6 of the Agreed Agenda of 28 May 1991.

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In witness whereof, the Parties have decided to sign the present Protocol.

For the delegation of the Government

of the Republic of Mozambique:

For the delegation of RENAMO:

(Signed) Armando Emilio Guebuza (Signed) Raul Manuel Domingos

The mediators:

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

San Egidio, Rome, 4 October 1992

Annex 1

Mozambican defense force command structure

Supervisory and Monitoring Commission (CSC)

Joint Commission for the Formation of the Mozambican Defence Force (CCFADM)

FADM High Command (CS) - Joint General Staff

Army Command - Air force command - Navy Command - Logistics and infrastructure command

General staff - general staff - general staff - general staff

Military regions - units - units - units

Units

PROTOCOL V

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On 4 October 1992, the delegation of the Government of the Republic of Mozambique, headed by Armando Emilio Guebuza, Minister of Transport and Communications, and composed of Mariano de Araujo Matsinha, Minister without Portfolio, Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, Lieutenant-General Tobias Dai, Francisco Madeira, Diplomatic Adviser to the President of the Republic, Brigadier Aleixo Malunga, Colonel Fideles De Sousa, Major Justino Nrepo and Major Eduardo Lauchande, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the Organization Department, and composed of Jose De Castro, Chief of the External Relations Department, Agostinho Semende Murrial, Chief of the Information Department, Jose Augusto Xavier, Director-General of the Internal Administration Department, Major-General Herminio Morais, Colonel Fernando Canivete, Lieutenant-Colonel Arone Julai, and Lieutenant Antonio Domingos, meeting at Rome in the presence of the mediators, Mario Raffaelli, representative of the Italian Government and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi, of the Community of San Egidio, and observers from the United Nations and the Governments of the United States of America, France, the United Kingdom and Portugal, took up item 5 of the Agreed Agenda of

28 May 1991, entitled "Guarantees", and agreed as follows:

1. Timetable for the conduct of the electoral process

1. The elections to the Assembly of the Republic and the post of President of the Republic shall be held simultaneously and shall take place one year after the date of signature of the General Peace Agreement, as provided for in Protocol III.

2. Further to the provisions set forth in Protocol III, the Parties also agree as follows:

(a) By E-Day + 60, the Government shall establish the National Elections Commission provided for in Protocol III;

(b) Immediately following the signature of the General Peace Agreement, the Government, for purposes of the provısıons of Protocol III, shall request technical and material support from the United Nations and OAU;

(c) The Government shall draft the Electoral Act in consultation with RENAMO and the other parties within at most two months from the adoption by

the Assembly of the Republic of the legal instruments incorporating the Protocols and guarantees, as well as the General Peace Agreement, into

Mozambican law.

The approval and publication of the Electoral Act shall take place within at most one month following the completion of its drafting;

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(d) Within 60 days following the signature of the General Peace Agreement, the Government and RENAMO shall agree on the observers to be invited for the electoral process.

The Government shall draw up the corresponding invitations;

(e) The election campaign shall begin 45 days before the date of the elections;

(f) By the date of commencement of the election campaign, all parties taking part must have been registered and have submitted their lists of

candidates as well as their respective symbols;

(g) By the date of commencement of the election campaign, the candidates for the Presidency of the Republic must have submitted their candidacies in conformity with the legally prescribed requirements;

(h) The election campaign shall conclude 48 hours before the start of voting;

(i) The elected Assembly of the Republic shall take office 15 days after the publication of the lists giving the results of the election.

The lists giving the results of the election shall be published not more than eight days after the closure of voting;

(j) The investiture of the elected President of the Republic shall take place one week after the elected Assembly of the Republic has taken office.

II. Commission to supervise the cease-fire and monitor respect for and implementation of the agreements between the Partie