Memorandum of Understanding between the Government of Guinea Bissau and the Self-proclaimed Military Junta

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Country/entity: Guinea-Bissau
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding between the Government of Guinea Bissau and the Self-proclaimed Military Junta
Date: 26 Jul 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Guinea-Bissau Civil War (1998 - 1999)
An attempted coup d'etat by Brigadier General Mane against the government of President Vieira in June 1998 led to a conflict that killed thousands as Vieira - backed by neighbouring states - attempted to re-take the country. A national unity government was established in an agreement signed in November 1998, but fighting continued until Vieira was deposed in May 1999. Only months before the coup attempt, Brig. Gen. Mane was suspended on grounds of a dereliction of duty following the discovery of a weapons cache and the arrest of several army officers on charges of arming Casamance insurgents in neighbouring Senegal. Following the deposal of Vieira, it was agreed that he would stand trial on the same charges. His deposal was condemned by ECOMOG, but ECOMOG troops were nonetheless withdrawn from Guinea-Bissau. The constitution was amended to limit presidential terms to a maximum of two and the death penalty was abolished. The opposition party won the parliamentary elections held in November 1999 by a large majority.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Guinea Bissau peace process
Parties: Unsigned transcript of the agreement but parties are as follows:
For the Government of the Republic of Guinea-Bissau (Signature)
For the self-proclaimed military junta (Signature)
Third parties: Unsigned transcript of the agreement but parties are as follows:
For the Contact Group (Signature) [Summary: the Ministerial Contact Group of the Community of Portuguese-speaking Countries is comprised of the following member states: Angola, Brazil, Cape Verde, (Guinea-Bissau), Mozambique, Portugal, and São Tomé and Príncipe].
Description: A signed agreement made between the government of Guinea Bissau and the military junta declaring an immediate truce and outlining a process for negotiations. The agreement includes an Annex of 26 July 1998 concerning the understanding on (and implementation of) point 1 (c) of the memorandum of understanding, and a declaration by the self-proclaimed military junta in which they state their intention to lay down arms.

Agreement document: GW_980726_MoUGuineaBissau-SelfProclaimedJunta.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, 1: An immediate truce based on the following principles:
(a) Public recognition of the democratic institutions and their legal framework;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 1: An immediate truce based on the following principles:
...(e) Immediate opening of humanitarian corridors;
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, 1. An immediate truce based on the following principles:
(a) Public recognition of the democratic institutions and their legal framework;
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, 1. An immediate truce based on the following principles:
...(f) Cessation of hostile propaganda;
Mobility/access: Page 1, 1. An immediate truce based on the following principles:
...(e) Immediate opening of humanitarian corridors;
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, Annex of 26 July 1998 concerning the understanding on point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta:
With a view to implementing point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta of 26 July 1998, establishing a formal and immediate truce and the start of negotiations, the two parties agree to:
...2. Pledge to withdraw their respective forces from the Mansoa sector once the interpositional or observation force has been deployed in the aforementioned sector. That interpositional or observation force will assume and guarantee the demilitarization of the Mansoa sector until such a time as a final solution has been reached through a process of negotiation, also envisioned in the aforementioned memorandum.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
The ceasefire commences at 1500 hours on 28 July 1998. It's duration is unclear.

Page 1, 1. An immediate truce based on the following principles:
...(b) Cessation of hostilities;
(c) Freezing of military positions occupied by the two parties on the morning of 24 July 1998, there being no movement permitted by either force in relation to the other, nor an increase in armaments or military personnel;
...(g) The truce enters into force at 1500 hours on 28 July 1998.

Page 2, Annex of 26 July 1998 concerning the understanding on point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta:
With a view to implementing point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta of 26 July 1998, establishing a formal and immediate truce and the start of negotiations, the two parties agree to:
1. Maintain their respective military positions from the moment of the entry into force of the truce envisioned in the memorandum of understanding;
2. Pledge to withdraw their respective forces from the Mansoa sector once the interpositional or observation force has been deployed in the aforementioned sector. That interpositional or observation force will assume and guarantee the demilitarization of the Mansoa sector until such a time as a final solution has been reached through a process of negotiation, also envisioned in the aforementioned memorandum.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, Declaration: Before the Contact Group of the Community of Portuguese-speaking Countries, the military junta declares its intention to lay down arms under conditions to be defined within the framework of the peaceful resolution of the conflict. Bissau, 26 July 1998, For the self-proclaimed military junta (Signature).
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: For the Contact Group
(Signature)
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 1: An immediate truce based on the following principles:
...(d) Deployment of a military observer or an interpositional force, preferably from Portuguese-speaking countries;

Page 2, Annex of 26 July 1998 concerning the understanding on point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta:
With a view to implementing point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta of 26 July 1998, establishing a formal and immediate truce and the start of negotiations, the two parties agree to:
...2. Pledge to withdraw their respective forces from the Mansoa sector once the interpositional or observation force has been deployed in the aforementioned sector. That interpositional or observation force will assume and guarantee the demilitarization of the Mansoa sector until such a time as a final solution has been reached through a process of negotiation, also envisioned in the aforementioned memorandum.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker: http://peacemaker.un.org/

Memorandum of understanding

Following consultations carried out by the Ministerial Contact Group of the Community of Portuguese-speaking Countries from 24 to 26 July 1998, the Government of Guinea-Bissau and the self-proclaimed military junta, with the aim of re-establishing peace and relieving the suffering of the people, agree to the following:

1. An immediate truce based on the following principles:

Public recognition of the democratic institutions and their legal framework;

Cessation of hostilities;

Freezing of military positions occupied by the two parties on the morning of 24 July 1998, there being no movement permitted by either force in relation to the other, nor an increase in armaments or military personnel;

Deployment of a military observer or an interpositional force, preferably from Portuguese-speaking countries;

Immediate opening of humanitarian corridors;

Cessation of hostile propaganda;

The truce enters into force at 1500 hours on 28 July 1998.

2. An immediate start to negotiations on the basis of the following points:

Start of negotiations:

within eight days.

Site:

The first meeting will take place aboard the frigate of the Portuguese Navy, "Corte Real", and the subsequent meetings will be held on the island of Sal in the Republic of Cape Verde.

Participants:

The Government and the self-proclaimed military junta, assisted by the Contact Group of the Community of Portuguese-speaking Countries, with the participation of the United Nations, the Organization of African Unity, the Economic Community of West African States and the European Union.

Agenda:

To be submitted by the Contact Group of the Community of Portuguese-speaking Countries following consultations with the parties.

Bissau, 26 July 1998

For the Government of the Republic of Guinea-Bissau

(Signature)

For the self-proclaimed military junta (Signature)

For the Contact Group

(Signature)

Annex of 26 July 1998 concerning the understanding on point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta

With a view to implementing point 1 (c) of the memorandum of understanding between the Government of Guinea-Bissau and the self-proclaimed military junta of 26 July 1998, establishing a formal and immediate truce and the start of negotiations, the two parties agree to:

Maintain their respective military positions from the moment of the entry into force of the truce envisioned in the memorandum of understanding;

Pledge to withdraw their respective forces from the Mansoa sector once the interpositional or observation force has been deployed in the aforementioned sector.

That interpositional or observation force will assume and guarantee the demilitarization of the Mansoa sector until such a time as a final solution has been reached through a process of negotiation, also envisioned in the aforementioned memorandum.

Bissau, 26 July 1998

For the Government of the Republic of Guinea-Bissau (Signature)

For the self-proclaimed military junta

(Signature)

For the Contact Group

(Signature)

Declaration

Before the Contact Group of the Community of Portuguese-speaking Countries, the military junta declares its intention to lay down arms under conditions to be defined within the framework of the peaceful resolution of the conflict.

Bissau, 26 July 1998

For the self-proclaimed military junta

(Signature)

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