Agreement with UNITA-Renovada Updating the Lusaka Protocol Concerning the Reinstatement of Government Administration over the National Territory (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 Reinstatement of Government Administration over the National Territory (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: For the Government of Angola: Faustino Muteka;
For UNITA: Eugenio Manuvakola;
Third parties: -
Description: Short agreement with two annexes between the Government of Angola and Eugenio Manuvakola; the leader of a faction of UNITA. The Agreement states that the Eugenio Manuvakola faction is now seen by the Government as entailing the new UNITA leadership and therefore the only valid interlocutor for the Lusaka Protocol. Annex II confirms the validity of the Lusaka political power sharing between the government and the NEW UNITA and the removal of Jonas Savimbi, from the party leadership and declares the areas that are not under the government control as not being under UNITA but in the hands of organized armed groups under the leadership of Jonas Savimbi and outside the framework of the Lusaka Protocol. Annex III provides a short agreement in which the parties commit to comply with the letter and spirit of the Lusaka Protocol

Agreement document: AO_990218_Luanda Protocol.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: Governance→Constitution→Constitutional reform/making
Page 1, AGREE:
3. The obligations derived form the above, should be undertaken with full respect to the constitution of the Republic of Angola and for Human Rights.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 1,
... The government with the cooperation of UNITA, assumed the responsibility of reestablishing the administration of the state over the whole of the national territory. This objective has not yet been attained due to the constant non-compliance by the then Chairman of UNITA, Jonas Savimbi, who once again has chose the use of force, in total violation of the agreed principles. As a result of this behavior he was unseated from the leadership of the party, during UNITA’s IX Congress held from 11 to 15 January 1999 in Luanda;
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1,
... In that sense, the creation of the GURN and the incorporation of the members of UNITA into their parliamentary seats, were important steps towards national reconciliation. These steps were taken by the signatories of the Lusaka Protocol, with due respect for the Constitution and the laws, the Peace Agreements and its respective Protocol as well as all other international principles relative to the consolidation of the Peace Process;
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,
... In that sense, the creation of the GURN and the incorporation of the members of UNITA into their parliamentary seats, were important steps towards national reconciliation. These steps were taken by the signatories of the Lusaka Protocol, with due respect for the Constitution and the laws, the Peace Agreements and its respective Protocol as well as all other international principles relative to the consolidation of the Peace Process;

Page 1, AGREE:
3. The obligations derived form the above, should be undertaken with full respect to the constitution of the Republic of Angola and for Human Rights.
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: Page 1,
... The free circulation of people and goods and the reestablishment of the administration of the state over the whole of the national territory, is one of the most important goals in the achievement of a definite peace in Angola;
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: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1,
... In that sense, the creation of the GURN and the incorporation of the members of UNITA into their parliamentary seats, were important steps towards national reconciliation. These steps were taken by the signatories of the Lusaka Protocol, with due respect for the Constitution and the laws, the Peace Agreements and its respective Protocol as well as all other international principles relative to the consolidation of the Peace Process;

Page 1,
... The government with the cooperation of UNITA, assumed the responsibility of reestablishing the administration of the state over the whole of the national territory. This objective has not yet been attained due to the constant non-compliance by the then Chairman of UNITA, Jonas Savimbi, who once again has chose the use of force, in total violation of the agreed principles. As a result of this behavior he was unseated from the leadership of the party, during UNITA’s IX Congress held from 11 to 15 January 1999 in Luanda;

Page 1,
... The new UNITA leadership is thereby considered the only valid interlocutor for the continuation of the implementation of the Lusaka Protocol, which it accepts and pledges to respect.

Page 1, AGREE:
1. To consider the areas that are not under Government control as not being under UNITA, but in the hands of organized armed groups under the leadership of Jonas Savimbi and outside the framework of the Lusaka Protocol.
2. Consider concluded the normalization of the administration of the state over the whole of the national territory under the terms of the Lusaka Protocol.

Page 1, Annex II
... The Government, with the cooperation of UNITA, assumed the responsibility of re-establishing the administration of the state over the whole of the national territory. This objective has not yet been attained due to the constant non-compliance by the then Chairman of UNITA, Jonas Savimbi, who once again has chosen the use of force, in total violation of the agreed principles. As a result of this behavior, he was unseated from the leadership of the party, during UNITA's IX Congress held from 11 to 15 January 1999 in Luanda.
The new UNITA leadership is thereby considered the only valid interlocutor for the continuation of the implementation of the Lusaka Protocol, which it accepts and pledges to support. Thus, given the need for both the Government and UNITA to comply with its terms in what has to do with the normalization of the administration of the state over the whole of the national territory, with due respect to the constitution and the principles enshrined in the Lusaka Protocol.

Page 1, AGREE:
1. To consider the areas that are not under Government control as not being under UNITA, but in the hands of organized armed groups under the leadership of Jonas Savimbi and outside the framework of the Lusaka Protocol.
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: Page 2,
4. The organs of the state, in the exercise of their sovereign powers must assist the populations held captive by the groups organized under the leadership of Jonas Savimbi.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1,
In that sense, the creation of the GURN and the incorporation of the members of UNITA into their parliamentary seats, were important steps towards national reconciliation.

Page 1,
The Protocol of Lusaka, signed by the Government and UNITA, aims at fostering true reconciliation among the Angolan people, to be translated into unity, democracy and reconstruction and development for the country;

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Accord
http://www.c-r.org/accord/angola

Agreement with UNITA-Renovada Updating the Lusaka Protocol Concerning the Reinstatement of Government Administration over the National Territory

The Protocol of Lusaka, signed by the Government and UNITA, aims at fostering true reconciliation among the Angolan people, to be translated into unity, democracy and reconstruction and development for the country;

The free circulation of people and goods and the reestablishment of the administration of the state over the whole of the national territory, is one of the most important goals in the achievement of a definite peace in Angola;

In that sense, the creation of the GURN and the incorporation of the members of UNITA into their parliamentary seats, were important steps towards national reconciliation.

These steps were taken by the signatories of the Lusaka Protocol, with due respect for the Constitution and the laws, the Peace Agreements and its respective Protocol as well as all other international principles relative to the consolidation of the Peace Process;

The government with the cooperation of UNITA, assumed the responsibility of reestablishing the administration of the state over the whole of the national territory.

This objective has not yet been attained due to the constant non-compliance by the then Chairman of UNITA, Jonas Savimbi, who once again has chose the use of force, in total violation of the agreed principles.

As a result of this behavior he was unseated from the leadership of the party, during UNITA’s IX Congress held from 11 to 15 January 1999 in Luanda;

The new UNITA leadership is thereby considered the only valid interlocutor for the continuation of the implementation of the Lusaka Protocol, which it accepts and pledges to respect.

Thus, given the need for both the government and UNITA to comply with its terms in what has to do with the normalization of the administration of the state over the whole of the national territory, with due respect to the constitution and the principles enshrined in the Lusaka Protocol;

AGREE:

1. To consider the areas that are not under Government control as not being under UNITA, but in the hands of organized armed groups under the leadership of Jonas Savimbi and outside the framework of the Lusaka Protocol.

2. Consider concluded the normalization of the administration of the state over the whole of the national territory under the terms of the Lusaka Protocol.

3. The obligations derived form the above, should be undertaken with full respect to the constitution of the Republic of Angola and for Human Rights.

4. The organs of the state, in the exercise of their sovereign powers must assist the populations held captive by the groups organized under the leadership of Jonas Savimbi.

Luanda, 18 February, 1999.

For the Government of Angola:

Faustino Muteka

For UNITA:

Eugenio Manuvakola