Agreement with UNITA-Renovada Updating the Lusaka Protocol Concerning the Appointment of UNITA Cadres to Government Positions (Annex III to Agreement signed by the Government of the Republic of Angola and UNITA Renovada (Luanda Protocol))

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Country/entity: Angola
Region: Africa (excl MENA)
Agreement name: Agreement with UNITA-Renovada Updating the Lusaka Protocol Concerning the Appointment of UNITA Cadres to Government Positions (Annex III to Agreement signed by the Government of the Republic of Angola and UNITA Renovada (Luanda Protocol))
Date: 18 Feb 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Angolan Civil War (1975 - 2002)
The conflict has involved political divisions, and agreements emanate from two dyads. Unita-dyad. Immediately following Angola’s independence in 1975, a civil war broke out between the two main armed independence movements, the (then government) Popular Movement for the Liberation of Angola (MPLA) and the National Union for the Total Independence of Angola (UNITA). The UN-mediated Lusaka Protocol in November 1994 did not end fighting and another attempt in 1998 failed due to continuous ceasefire violations. After internal splits and the killing of their founder Jonas Savimbi, UNITA was defeated by MPLA forces in 2002.

Cabinda dyad. Additionally, in the Cabinda enclave, the Front for the Liberation of the Enclave of Cabinda (FLEC) fought a low intensity guerrilla warfare against the MPLA government since independence, but by the early 2000s, FLEC had lost significant operational power and in 2006 the group eventually declared a ceasefire.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Angola: UNITA process
Parties: [Note: No individual signatories listed.]
For the Government of Angola; For UNITA;
Third parties: -
Description: Short agreement made after change in UNITA leadership; Parties commiting to comply with the letter and spirit of the Lusaka Protocol

Agreement document: AO_991103_Luanda_Protocol_III.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: Page 1, Annex III
The presidential elections were held on 29 and 30 September 1992.
Since the candidate that obtained the majority of the votes did not attain the percentage stipulated by the raw (50% +1), the two candidates with the highest number of votes would face each other on a second round of elections.
This second round should have taken place within 30 days of the publication of the results of the first round.
The second most voted candidate however, obstructed the process and effectively prevented the holding of the second round within the legally established time frame.
Although the electoral law established the principles for the holding of the second round in the presidential election, the Lusaka Protocol, which is the juridical and political element that regulates the Angolan Peace Process, establishes in it, Annex 7, that the elections should take place as soon as military, political, material and security conditions allow it

Page 1, Annex III
... d) The approval of the future constitution of the Republic of Angola
e) The amendment of the electoral law

Page 1-2, Annex III
... Given the objective and subjective impassibility of holding the second round of the 1992 Presidential elections, and given the time that has elapsed since then, and the significant changes among the voters that participated in the 1992 elections as well as the new outbreak of war and military instability.
Given that the United Nations has declared that it feels that it cannot continue to supervise the Peace Process, due to the lack of the necessary political and military conditions in view of the re-initiation of warfare, a fact that determines the need for the sovereign organizations of the Republic of Angola to take up the development of the tasks inherent to the conclusion of the Electoral Process, the Government and the National Union for the Total Independence of Angola agree to the following:
a) Point II.5, Annex 7, of the work agenda of the Lusaka Protocol relative to the conclusion of the electoral process is considered concluded;
b) The National Assembly, through its normal legislative process, and under the Initiative of the interested parliamentary groups, shall approve the pertinent
amendments that regulate this issue, in the spirit of this agreement
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: Governance→Constitution→Constitutional reform/making
Page 1, Annex III
d) The approval of the future constitution of the Republic of Angola
e) The amendment of the electoral law

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: Page 1, Annex III
... c) The guarantee of the fundamental freedoms of the citizens over all of the national territory
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Freedom of movement
Page 6, Annex III
... b) Guarantee of the security and free circulation of people and goods over the whole national territory
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizens, specific rights
Page 1, Annex III
... c) The guarantee of the fundamental freedoms of the citizens over all of the national territory
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 6, Annex III
... b) Guarantee of the security and free circulation of people and goods over the whole national territory
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 6, Annex III
... b) Guarantee of the security and free circulation of people and goods over the whole national territory

Page 1-2, Annex III
... Given the objective and subjective impassibility of holding the second round of the 1992 Presidential elections, and given the time that has elapsed since then, and the significant changes among the voters that participated in the 1992 elections as well as the new outbreak of war and military instability,
Given that the United Nations has declared that it feels that it cannot continue to supervise the Peace Process, due to the lack of the necessary political and military conditions in view of the re-initiation of warfare, a fact that determines the need for the sovereign organizations of the Republic of Angola to take up the development of the tasks inherent to the conclusion of the Electoral Process, the Government and the National Union for the Total Independence of Angola agree to the following:
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1-2, Annex III
... Given that the United Nations has declared that it feels that it cannot continue to supervise the Peace Process, due to the lack of the necessary political and military conditions in view of the re-initiation of warfare, a fact that determines the need for the sovereign organizations of the Republic of Angola to take up the development of the tasks inherent to the conclusion of the Electoral Process, the Government and the National Union for the Total Independence of Angola agree to the following:
a) Point II.5, Annex 7, of the work agenda of the Lusaka Protocol relative to the conclusion of the electoral process is considered concluded;
b) The National Assembly, through its normal legislative process, and under the Initiative of the interested parliamentary groups, shall approve the pertinent amendments that regulate this issue, in the spirit of this agreement
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Accord
UN Peacemaker http://peacemaker.un.org/node/157

Annex III

Agreement signed by the Government of the Republic of Angola and UNITA Renovada on 18 February 1999

The presidential elections were held on 29 and 30 September 1992.

Since the candidate that obtained the majority of the votes did not attain the percentage stipulated by the raw (50% +1), the two candidates with the highest number of votes would face each other on a second round of elections.

This second round should have taken place within 30 day of the publication of the results of the first round.

The second most voted candidate however, obstructed the process and effectively prevented the holding of the second round within the legally established time frame.

Although the electoral law established the principles for the holding of the second round in the presidential election, the Lusaka Protocol1 which is the juridical and political element that regulates the Angolan Peace Process, establishes in it, Annex 7, that the elections should take place as soon as military, political, material and security conditions allow it, that is to say:

The attainment of the extension of the administration of the state to all of the national territory and guarantee that it can function, as well as the resettlement of the population in the whole country

Guarantee of the security and free circulation of people and

goods over the whole national territory

The guarantee of the fundamental freedoms of the citizens

over all of the national territory

The approval of the future constitution of the Republic of Angola

e) The amendment of the electoral law

f) The census of the Angolan population over the whole national

territory

g) The new electoral registry for the whole of the national

territory

Given the objective and subjective impossibility of holding the second round of the 1992 Presidential elections, and given the time that has elapsed since then, and the significant changes among the voters that participated in the 1992 elections as well as the new outbreak of war and military instability,

Given that the United Nations has declared that it feels that it cannot continue to supervise the Peace Process, due to the lack of the necessary political and military conditions in view of the re-initiation of warfare, a fact that determines the need for the sovereign organizations of the Republic of Angola to take up the development of the tasks inherent to the conclusion of the Electoral Process, the Government and the National Union for the Total Independence of

Angola agree to the following;

Point 11.5, Annex 7, of the work agenda of the Lusaka Protocol relative to the conclusion of the electoral process considered concluded;

The National Assembly, through its normal legislative process, and under the initiative of the interested parliamentary groups, shall approve the pertinent amendments that regulate this issue, in the spirit of this agreement.

Luanda, 18 February 1999

For the Gov·ernment of Angola

(Sighned)

For UNITA

{Signed)