Projecto de Lei de Memorando de Entendimento

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Country/entity: Mozambique
Region: Africa (excl MENA)
Agreement name: Projecto de Lei de Memorando de Entendimento
Date: 25 Aug 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Mozambique Civil War (1976 – 1992) and RENAMO Insurgency (2012 – )
The Mozambique conflict has roots in the independence movement launched by the Mozambique Liberation Front (FRELIMO) (est. 1962) against Portuguese colonization. Despite the insurgency, independence only came a year after a military coup d’état in Lisbon overthrew the longstanding ‘Estado Novo’ dictatorship. Nonetheless, FRELIMO installed itself as the ruling party and officially became a Marxist-Leninist party in 1977. Fierce fighting broke out in the Cold War context, between the FRELIMO, supported by the Soviet Bloc, and the anti-Communist Mozambique National Resistance (RENAMO) movement, which received funding from neighbouring ‘white’ regimes in Rhodesia and later on, South Africa. After the death of President Somaro Moises Machel in a plane crash in 1986, the presidency passed to Joaquim Alberto Chissano who encouraged political pluralism, particularly following the collapse of the Soviet Union in 1989. Following the Rome Peace Accords in 1992, FRELIMO won the country’s first multi-party election in 1994.

Political tensions began to rise after the 2002 presidential elections, which RENAMO argued were fraudulent. These continued until a low-level outbreak of violence by RENAMO fighters targeting police and economic infrastructure. A new peace accord was signed between RENAMO and FRELIMO in September 2014, but RENAMO’s later refusal to accept the terms of the 2014 Presidential election, as well as government difficulties in disarming RENAMO fighters led to a breakdown of the accord in August 2015. Since then, clashes have renewed between the two parties.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Mozambique process - recent
Parties: Government of Mozambique and Renamo party:
MILITARY EXPERTS (signed)

For the government
Major-General Julio dos Santos Jane (Team Leader)

First-Adjutant Commissary of the Police, Xavier Ernesto Tocoli

Brigadier Tenente Freitas Norte

Adjutant-Commissary of the Police Arsenia Felicidade Felix Massingue

Simiao Pedro Macave, jurist
For RENAMO:
Lt. General Ossufo Momad

Colonel Jose Manuel

Major Antonio Muzorewa

Isequiel Meide Gusee, jurist

Maputo, on the eleventh day of August, two thousand and fourteen.

For the government:
Jose Condugua Antonio Pacheco
(Minister of Agriculture and Head of Delegation)

Gabriel Serafim Muthisse
(Minister of Transport and Communications)

Abdurremane Lino de Almeida
(Vice-minister for Public Offices)

For RENAMO
Salmone Muhambi Macuiana
(Deputy in the Assembly of the Republic, President of the Jurisdictional Council and Head of RENAMO delegation)

Jeremias Pondeca Munguambe
(Head of the Department for Rural Administration and Local Government)

Dr. Antonio Eduardo Namburete
(Head of the Department for External Relations)

Abdul Magid Ibraimo
(Senior Member)
Third parties: National observers/mediators:
Prof. Dr. Lourenco do Rosario (Team Leader)

Right Reverend don Dinis Sengulane

Prof. Dr. father Filipe Couto

Reverend Anastacio Chembeze

Sheik Saide Habibo
Description: Legislative act giving the legal power to the agreement to include Renamo in the military structures of the Republic of Mozambique, with provisions for a mixed national and international Military Observation Team. The agreement entails the mention of a legislative mechanism for implementing this integration of Renamo, but no details, as those are to be defined in subsequent legislation. The guarantee entails a commitment to resolving disputes of interpretation through dialogue. Amnesty law is mentioned as an aim, but not provided for in detail in this agreement - except that all parties are clear that there is amnesty.

Agreement document: MZ_140825_Projecto_de_Lei_de_Memorando_de_Entendimento_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): MZ_140825_Projecto_de_Lei_de_Memorando_de_Entendimento.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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
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: Power sharing→Military power sharing→Merger of forces
Summary: The whole agreement deals with the Renamo forces, maintaining the ceasefire, and the Renamo integration in Mozambique's military.

Page 2, section h):
h) For the operational effects of the questions related to previous paragraphs, the groups of military experts from both sides will have to introduce a document to the plenary. In this document, there will also be questions about the integration of the current residual forces from Renamo to the Armed Forces for the Defence of Mozambique and the Police of the Republic of Mozambique and the consequent development of framework for the security of Renamo.

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: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
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: No specific mention.
Ceasefire: No specific mention.
Police: Page 2, section e)
e) The organic structure of the Armed Forces for the Defence of Mozambique and the Police of the Republic of Mozambique may be altered, after consideration of the National Council of Defence and Security, according to the law;
Armed forces: Most of the text of the agreements concerns armed forces. Particularly, see Pages 1 and 2:
Both sides reaffirm the constitutional, legal principles and also those from Security and Defence Policy, as well as the principles of dialogue, collaboration and consultation that follows:
a) Defence and Security Forces shall be republican, i.e., nonpartisan, serving the Republic of Mozambique with professionalism and respect for the constitutional order which is based on the Rule of Law, democracy and social justice;
b) No party, political or related force shall use the Defence and Security Forces, save in cases requested by law;
c) Defence and Security Forces should pledge loyalty to the Constitution of the Republic;
d) Promoting and guaranteeing the spirit of reconciliation, which includes the immediate cessation of all hostile manifestation, especially the military manifestation, including in the social communication;
e) The organic structure of the Armed Forces for the Defence of Mozambique and the Police of the Republic of Mozambique may be altered, after consideration of the National Council of Defence and Security, according to the law;
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, sections i) and j):

i) Conclude all the process of integration and development of the framework for the residual forces of Renamo, all military equipment will be delivered to the guard and they will be at the disposal of the Forces of Defence and Security.
j) With the end of the procedures, the party should not own any sort of armed forced other than the forces allowed by law.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Summary: The whole agreement deals with the Renamo forces, maintaining the ceasefire, and the Renamo integration in Mozambique's military.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2:
Both sides also understand that:
f) After the end of military hostilities, no element of any party can be prosecuted on the basis of acts or facts derived from the hostilities or connected situation.
g) For the effects constituted in the paragraph before, the parties agree that it is necessary to approve an amnesty law, in this session of the Assembly of the Republic.

Also, page 3:

e) Once the amnesty based on the understandings reached between the Government of the Republic of Mozambique and Renamo is declared, any posterior act that can be substantiated in a unilateral violation or abandon of the principles agreed, will be processed and punished in the terms of the applicable legislation;
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: Page 2, section d):
d) Promoting and guaranteeing the spirit of reconciliation, which includes the immediate cessation of all hostile manifestation, especially the military manifestation, including in the social communication;

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2:
k) The implementation of these principles shall be followed, monitored and observed by the International Community, through the Military Observation Team on the Cessation of Hostilities (EMOCHM);

Pages 3-8: TERMS OF REFERENCE FOR THE MILITARY OBSERVATION TEAM ON THE CESSATION OF HOSTILITIES – EMOCHM
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Originally obtained in hard copy, text on file with author.

Republican Assembly

Law no.

/2014 of August

Bearing in mind the necessity to bring into force the Memorandum of Understanding, the Mechanisms of Guarantee and Terms of Reference from the Military Observation Team previously approved by the Dialogue between the Government of the Republic of Mozambique and the RENAMO, in accordance with no.

1 of article 179 of the Constitution of the Republic, the Republican Assembly determine:

Article 1

The MEMORANDUM OF UNDERSTANDING, TERMS OF GUARANTEE AND TERMS OF REFERENCE OF THE MILITARY OBSERVATION TEAM, whose consensus was achieved in the dialogue between the Government and the RENAMO are approved and annexed, and are an integral part of this Law.

Article 2

Any legal norm resulted from the documents mentioned in Article 1 will mention the content of those documents.

Article 3

The present Law will come into force immediately.

MEMORANDUM OF UNDERSTANDING

Both sides reaffirm the constitutional, legal principles and also those from Security and Defence Policy, as well as the principles of dialogue, collaboration and consultation that follows:

a) Defence and Security Forces shall be republican, i.e., nonpartisan, serving the Republic of Mozambique with professionalism and respect for the constitutional order which is based on the Rule of Law, democracy and social justice;

b) No party, political or related force shall use the Defence and Security Forces, save in cases requested by law;

c) Defence and Security Forces should pledge loyalty to the Constitution of the Republic;

d) Promoting and guaranteeing the spirit of reconciliation, which includes the immediate cessation of all hostile manifestation, especially the military manifestation, including in the social communication;

e) The organic structure of the Armed Forces for the Defence of Mozambique and the Police of the Republic of Mozambique may be altered, after consideration of the National Council of Defence and Security, according to the law;

Both sides also understand that:

f) After the end of military hostilities, no element of any party can be prosecuted on the basis of acts or facts derived from the hostilities or connected situation.

g) For the effects constituted in the paragraph before, the parties agree that it is necessary to approve an amnesty law, in this session of the Assembly of the Republic.

h) For the operational effects of the questions related to previous paragraphs, the groups of military experts from both sides will have to introduce a document to the plenary.

In this document, there will also be questions about the integration of the current residual forces from Renamo to the Armed Forces for the Defence of Mozambique and the Police of the Republic of Mozambique and the consequent development of framework for the security of Renamo.

i) Conclude all the process of integration and development of the framework for the residual forces of Renamo, all military equipment will be delivered to the guard and they will be at the disposal of the Forces of Defence and Security.

j) With the end of the procedures, the party should not own any sort of armed forced other than the forces allowed by law.

k) The implementation of these principles shall be followed, monitored and observed by the International Community, through the Military Observation Team on the Cessation of Hostilities (EMOCHM);

August 2014

ANNEX - 1

GUARANTEE MECHANISM

Both parties, in good faith, in the spirit of National consolidation and preservation of everlasting peace, as well as the principle of collaboration, consultation and dialogue, guarantee to the Mozambican people and international community that they assume responsibility the following understanding and commit to:

a) Dedicate all energies to the fulfilment and respect for the content of the following understandings;

b) Not to violate nor abandon the letter and the spirit of the agreed texts;

c) Not to interpret the text reached and agreed with a different meaning;

if that is the case, both sides must gather and find common grounds for the interpretation of the contested text;

d) Not to make new demands that misrepresent the meaning of this understanding.

In this case, both sides shall gather to find a solution based on consensus;

e) Once the amnesty based on the understandings reached between the Government of the Republic of Mozambique and Renamo is declared, any posterior act that can be substantiated in a unilateral violation or abandon of the principles agreed, will be processed and punished in the terms of the applicable legislation;

f) If there is a violation of the understandings reached, both sides must meet a solution through dialogue.

g) This understanding will come into force on the date of its signature.

August 2014

TERMS OF REFERENCE FOR THE MILITARY OBSERVATION TEAM ON THE CESSATION OF HOSTILITIES – EMOCHM

I. DESIGNATION

Military Observation Team on the Cessation of Hostilities – EMOCHM.

II. PARTICIPATING COUNTRIES:

EMOCHM consists of the following countries:

Botswana;

Zimbabwe;

South Africa;

Kenya;

Cape Verde;

Portugal;

Italy, Great Britain and the United States.

III. GENERAL PRINCIPLES AND MISSION

The delegations agreed:

1) With the immediate and definitive necessity to cease military hostilities;

2) With the preparation of the dialogue of Higher Level between His Excellency Armando Emilio Guebuza, President of the Republic of Mozambique and His Excellency Afonso Dhlakama, President of the Renamo Party;

3) To promote and guarantee the spirit of reconciliation, ceasing all hostile manifestations, including via social communication

4) With the Terms of Reference for the Military Observers, composed of 23 foreign military officials and 70 Mozambican officials – including 50% of Government and 50% of Renamo representatives, to follow these terms and this mission:

• Observe, monitor and guarantee the implementation of the cessation of military hostilities and the beginning of the subsequent stages, following the terms of the Memorandum of Understanding attached and integral part of these Terms of References.

IV. MANDATE

The mandate of EMOCHM begins 10 days after its constitution and it will be in effect for a hundred and thirty-five days, extendible.

V. ORGANISATION AND STRUCTURE OF THE TEAM

Chart of EMOCHM

Command

Sub-team

Inhambane Sofala

Tete Nampula

5.1. Composition of the team

a) EMOCHM is constituted by a total of ninety-three (93) men, with the Command based in the city of Maputo and four (4) sub-teams in the Provinces of Sofala, Inhambane, Tete and Nampula.

b) The Central Command of EMOCHM is led by one (01) Brigadier from Botswana, assisted by four (04) Colonels, two (02) of which are foreigners, one from Zimbabwe and the other from Italy, and two (02) nationals, nominated one by the Government and the other by Renamo, respectively;

one (01) Lieutenant-colonel and one (01) Major, both foreigners.

c) The Sub-teams of Inhambane and Tete are formed by four (04) foreigners:

one (01) Colonel;

two (02) Lieutenants-colonels;

(01) Major;

and sixteen (16) nationals of which eight (08) from the Government and eight (08) from Renamo, distributed as follows:

two (02) Colonels;

(02) Lieutenants-Colonels;

six (06) Majors and six (06) Captains, totalising a total of twenty (20) Officials.

d) The Sub-team of Nampula is formed by four (04) foreigners of which one (01) Colonel;

one (01) Lieutenant-colonel and two (02) Majors.

About national officials, it is applicable the distribution made to the Provinces of Inhambane and Tete.

e) The Sub-team of Sofala is comprised of twenty-six (26) elements, of which six (06) foreigners distributed as follows:

one (01) Colonel;

two (02) Lieutenants-Colonels and twenty (20) nationals, of which ten (10) from the Government and ten (10) from Renamo, of which two (02) Colonels;

four (04) Lieutenants-Colonels;

eight (8) Majors and six (06) Captains.

f) The origin of the foreign observers mentioned in the number above and their distribution by Command and Sub-teams are presented in tables 5.2 and 5.3.

g) The territorial allocation of the sub-teams of international military observers is not fixed;

it can be changed whenever the local situation request.

5.2 Distribution of Foreign Observers by Country and Rank

N/O Countries Number of Observers Rank

Brigadier Colonels Lieutenants-Colonels Majors

1 South Africa 3 2 1

2 Botswana 3 1 1 1

3 Cape Verde 2 2

4 Kenya 3 1 1 1

5 Zimbabwe 3 1 1 1

6 USA 2 2

7 Great-Britain 2 1 1

8 Italy 3 1 1 1

9 Portugal 2 1 1

Total 23 1 6 8 8

5.3 Distribution of Foreign Observers by Command and Sub-teams

N/O Regions Number of Observers Rank

Brigadier Colonels Lieutenants-Colonels Majors

1 (Central Command) Maputo 05 (01) Botswana (02) Zimbabwe/Italy (01) The United States of America (01) Cape Verde

2 Inhambane 4 (1) Botswana (02) South Africa (01) Cape Verde

3 Sofala 6 (01) Great-Britain (02) Kenya/Zimbabwe (03) Portugal/ South Africa/ Italy

4 Tete 4 (01) Kenya (02) USA/Botswana (01) Great-Britain

5 Nampula 4 (01) Portugal (01) South Africa (02) Kenya/Zimbabwe

Total 23 1 6 8 8

5.4 Summary

5.4.1 Foreigners

a. Brigadier…………………………………………………………………………...01

b. Colonels…………………………………………………………………………….06

c. Lieutenant-Colonels ......………………………………………………………………..08

d. Majors ……………………………………………………………………………...08

Subtotal ………………………………………………………………………………………23

5.4.2 Nationals

a. Colonels………………………………………………………………………10

b. Lieutenant-Colonels………………………………………………………....10

c. Majors ………………………………………………………………………..26

d. Captains……………………………………………………………………... 24

Subtotal ……………………………………………………………………………………... 70

TOTAL ……………………………………………………………………………………....93

6. ELABORATION AND SUBMISSION OF REPORTS

a) Observers shall elaborate reports of their activities and submit it to the head of both sides, the Government and Renamo;

b) All parties shall determinate the periodicity of the submission of reports by the observers.

7. OPERATIONS

7.1 Reactive Operations

7.1.1 Readiness of the team of observers

a) Availability to fulfil the mission;

b) Observers shall dispose of the means to allow them fast transportation to notified places to investigate irregularities.

7.1.2 Defusing Tensions

a) Communication with the structure of command of the sides;

b) Permission to free passage

c) Investigate reported acts;

d) Format and Procedures for Reports;

e) Sharing information with the parties;

f) Security of the team of observers;

g) Evacuation

8. BUDGET AND FINANCING

The Mozambican State is responsible for financing the process of cessation of hostilities.

9. Logistic Necessity

a) Administrative Assurance – installations, IT, furniture and office supplies;

b) Logistic Assurance – accommodation, transportation, communication and other elements to make ends meet;

c) Financial Assurance;

d) Medical and Drug Assistance;

e) Support and subsistence allowance for national EMOCHM members.

10. SUPPLEMENTARY SUPPORT AND TAXATION

a) Any supplemental support for the process of cessation of military hostilities, be it from logistic of humanitarian nature, must be distributed by the Government, in accordance with this Terms of References;

b) EMOCHM is subjected to the observance of the taxation and customs laws and migration formalities in force in the Republic of Mozambique;

c) EMOCHM observes the migration law current in force in the Republic of Mozambique and it must not exercise any activities other than those contained in the Terms of References.

MILITARY EXPERTS (signed)

For the government

Major-General Julio dos Santos Jane (Team Leader)

First-Adjutant Commissary of the Police, Xavier Ernesto Tocoli

Brigadier Tenente Freitas Norte

Adjutant-Commissary of the Police Arsenia Felicidade Felix Massingue

Simiao Pedro Macave, jurist

For RENAMO:

Lt. General Ossufo Momad

Colonel Jose Manuel

Major Antonio Muzorewa

Isequiel Meide Gusee, jurist

Maputo, on the eleventh day of August, two thousand and fourteen.

For the government:

Jose Condugua Antonio Pacheco

(Minister of Agriculture and Head of Delegation)

Gabriel Serafim Muthisse

(Minister of Transport and Communications)

Abdurremane Lino de Almeida

(Vice-minister for Public Offices)

For RENAMO

Salmone Muhambi Macuiana

(Deputy in the Assembly of the Republic, President of the Jurisdictional Council and Head of RENAMO delegation)

Jeremias Pondeca Munguambe

(Head of the Department for Rural Administration and Local Government)

Dr. Antonio Eduardo Namburete

(Head of the Department for External Relations)

Abdul Magid Ibraimo

(Senior Member)

National observers/mediators:

Prof. Dr. Lourenco do Rosario (Team Leader)

Right Reverend don Dinis Sengulane

Prof. Dr. father Filipe Couto

Reverend Anastacio Chembeze

Sheik Saide Habibo