Declaration by the Government of the Republic of Mozambique and RENAMO on the guiding principles for humanitarian assistance

Export agreement:

Export agreement coding (PDF)

Country/entity: Mozambique
Region: Africa (excl MENA)
Agreement name: Declaration by the Government of the Republic of Mozambique and RENAMO on the guiding principles for humanitarian assistance
Date: 16 Jul 1992
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: Pre-negotiation/process
Conflict nature: Government
Peace process: Mozambique process in the 90s
Parties: [Delegation of the Government of the Republic of Mozambique, headed by Armando Emilio Guebuza, Minister of Transport and Communications, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the Organization Department]

For the delegation of the Government of the Republic of Mozambique: Armando Emílio Guebuza;
For the delegation of Renamo: Raul Manuel Domingos;
Third parties: The mediators:
Mario Raffaelli;
Jaime Gonçalves;
Andrea Riccardi;
Matteo Zuppi;
Description: Short agreement which agrees to permit and facilitate the relief operation, to be coordinated and supervised by a Committee presided over by the UN; not to derive military advantages from it; and to co-operate with the international community in Mozambique in formulating action plans.

Agreement document: MZ_920716_Guiding Principles for Humanitarian Assistance.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: Page 1
Reaffirming the understanding reached in December 1990 between the Government, RENAMO and the International Committee of the Red Cross on the principles of free movement of populations and assistance for all Mozambicans wherever they might be.

Page 1, I
The Government and RENAMO solemnly agree and undertake to observe the following guiding principles for humanitarian assistance...(b) Freedom of movement and respect shall be guaranteed for persons and means which, under the flag of the United Nations or of ICRC, are engaged in humanitarian actions and are not accompanied by military escorts...(f) Freedom of movement shall be guaranteed for all personnel who, under United Nations/ICRC auspices, are responsible for identifying populations in need, priority areas, means of transport and access routes and for supervising the distribution of assistance.

Page 2, II
In order to provide relief in situations of extreme urgency, which already exist in the country, the parties agree to...
V) Both parties agree that the coordination and supervision of all humanitarian assistance operations carried out under this Declaration shall be the responsibility of a committee presided over by the United Nations. This committee shall be made up of the mediators, the observers to the Rome negotiations and ICRC. The mediators will also have the task of verifying respect for this Declaration and for bringing any complaints or protests to the negotiating table.
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: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1,
... Reaffirming the understanding reached in December 1990 between the Government, Renamo and the International Committee of the Red Cross on the principles of free movement of populations and assistance for all Mozambicans wherever they might be,

Page 1,
I. The Government and Renamo solemnly agree and undertake to observe the following guiding principles for humanitarian assistance:
(a) Assistance shall go to all affected Mozambicans, freely and without discrimination;
... (b) Freedom of movement and respect shall be guaranteed for persons and means which, under the flag of the United Nations or of ICRC, are engaged in humanitarian actions and are not accompanied by military escorts;
... (d) Access shall be permitted to the entire affected population, using all means of transport;
(e) The use of all means for the rapid, expeditious distribution of humanitarian assistance shall be permitted and facilitated;
(f) Freedom of movement shall be guaranteed for all personnel who, under United Nations/ICRC auspices, are responsible for identifying populations in need, priority areas, means of transport and access routes and for supervising the distribution of assistance;

Page 2,
I. The Government and Renamo solemnly agree and undertake to observe the following guiding principles for humanitarian assistance:
... (g) Persons shall be allowed freedom of movement to enable them to have full access to humanitarian assistance.

Page 2,
II. In order to provide relief in situations of extreme urgency, which already exist in the country, the parties agree to:
(a) Immediately permit and facilitate air traffic to all points in the country, for transporting humanitarian assistance and whatever personnel is considered necessary and viable;
(b) To the same end, to permit and facilitate the immediate use and rehabilitation, where necessary, of other access routes to affected populations, including routes coming from neighbouring countries, as agreed to by the parties and communicated by the committee referred to in paragraph V of this Declaration.

Page 2,
III. In addition, the Government and Renamo will continue their negotiations with a view to reaching, as soon as possible, an agreement on the opening of roads and the removal of all obstacles which might prevent the distribution of humanitarian assistance.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, I
The Government and RENAMO solemnly agree and undertake to observe the following guiding principles for humanitarian assistance...(c) The freedom and neutrality of humanitarian assistance shall be recognized and respected...(e) The use of all means for the rapid, expeditious distribution of humanitarian assistance shall be permitted and facilitated...(g) Persons shall be allowed freedom of movement to enable them to have full access to humanitarian assistance.

Page 2,
II. In order to provide relief in situations of extreme urgency, which already exist in the country, the parties agree to:
(a) Immediately permit and facilitate air traffic to all points in the country, for transporting humanitarian assistance and whatever personnel is considered necessary and viable;
(b) To the same end, to permit and facilitate the immediate use and rehabilitation, where necessary, of other access routes to affected populations, including routes coming from neighbouring countries, as agreed to by the parties and communicated by the committee referred to in paragraph V of this Declaration.
III. In addition, the Government and RENAMO will continue their negotiations with a view to reaching, as soon as possible, an agreement on the opening of roads and the removal of all obstacles which might prevent the distribution of humanitarian assistance.
IV. The Government and RENAMO undertake not to derive military advantages from humanitarian assistance operations carried out under this Declaration.
VI. Both parties agree to participate and cooperate with the international community in Mozambique in formulating action plans, with a view to implementing such plans in accordance with this Declaration. The committee will coordinate such activities. To that end, RENAMO will appoint its representative in the framework of and in accordance with the procedures of the COMIVE, who shall have the status provided for therein.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Declaration in its entirety provides for the conditions of humanitarian assistance by the UN and ICRC.
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: Page 1
Considering that, for the population, the consequences of the armed conflict have been seriously aggravated by the worst drought in 50 years in the country and the region.
Water or riparian rights or access: Page 1,
... Considering that, for the population, the consequences of the armed conflict have been seriously aggravated by the worst drought in 50 years in the country and the region,

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
Reaffirming the understanding reached in December 1990 between the Government, RENAMO and the International Committee of the Red Cross on the principles of free movement of populations and assistance for all Mozambicans wherever they might be.

Page 2, III
In addition, the Government and RENAMO will continue their negotiations with a view to reaching, as soon as possible, an agreement on the opening of roads and the removal of all obstacles which might prevent the distribution of humanitarian assistance.

Page 2, IV
The Government and RENAMO undertake not to derive military advantages from humanitarian assistance operations carried out under this Declaration.

Page 2, VI
Both parties agree to participate and cooperate with the international community in Mozambique in formulating action plans, with a view to implementing such plans in accordance with this Declaration. The committee will coordinate such activities. To that end, RENAMO will appoint its representative in the framework of and in accordance with the procedures of the COMIVE, who shall have the status provided for therein.
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: Page 1
On 16 July 1992, the delegation of the Government of the Republic of
Mozambique, headed by Armando Emilio Guebuza, Minister of Transport and
Communications, and the delegation of RENAMO, headed by Raul Manuel Domingos,
Chief of the Organization Department, in the presence of the mediators, of
observers and of representatives of international organizations, agreed to
adopt the following Declaration.

Page 3, The Mediators
(Signed) Mario Raffaelli
(Signed) Jaime Gonçalves
(Signed) Andrea Riccardi
(Signed) Matteo Zuppi
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2,II
In order to provide relief in situations of extreme urgency, which already exist in the country, the parties agree to...V) Both parties agree that the coordination and supervision of all humanitarian assistance operations carried out under this Declaration shall be the responsibility of a committee presided over by the United Nations. This committee shall be made up of the mediators, the observers to the Rome negotiations and ICRC. The mediators will also have the task of verifying respect for this Declaration and for bringing any complaints or protests to the negotiating table.

Page 2, VI
Both parties agree to participate and cooperate with the international community in Mozambique in formulating action plans, with a view to implementing such plans in accordance with this Declaration. The committee will coordinate such activities. To that end, RENAMO will appoint its representative in the framework of and in accordance with the procedures of the COMIVE, who shall have the status provided for therein.
Enforcement mechanism: Page 2,
V. Both parties agree that the coordination and supervision of all humanitarian assistance operations carried out under this Declaration shall be the responsibility of a committee presided over by the United Nations. This committee shall be made up of the mediators, the observers to the Rome negotiations and ICRC. The mediators will also have the task of verifying respect for this Declaration and for bringing any complaints or protests to the negotiating table.
The committee will report to the parties, in due course, on the operational details.

Page 2, VI
Both parties agree to participate and cooperate with the international community in Mozambique in formulating action plans, with a view to implementing such plans in accordance with this Declaration. The committee will coordinate such activities. To that end, RENAMO will appoint its representative in the framework of and in accordance with the procedures of the COMIVE, who shall have the status provided for therein.

Page 2,
VII. Both parties undertake to comply strictly with the terms of this Declaration and agree that any violation substantiated by the committee may be communicated to the international community.
Related cases: No specific mention.
Source: UN Peacemaker http://peacemaker.un.org/mozambique-general-peace-agreement92

DECLARATION BY THE GOVERNMENT OF THE REPUBLIC Of MOZAMBIQUE

AND RENAMO ON THE GUIDING PRINCIPLES FOR HUMANITARIAN

ASSISTANCE

On 16 July 1992, the delegation of the Government of the Republic of

Mozambique, headed by Armando Emilio Guebuza, Minister of Transport and

Communications, and the delegation of RENAMO, headed by Raul Manuel Domingos,

Chief of the Organization Department, in the presence of the mediators, of

observers and of representatives of international organizations, agreed to

adopt the following Declaration:

Considering that, for the population, the consequences of the armed

conflict have been seriously aggravated by the worst drought in 50 years in

the country and the region,

Determined to mobilize every resource to alleviate starvation and prevent

deaths in Mozambique,

While pursuing efforts to reach a total peace agreement in Mozambique as

soon as possible,

Reaffirming the principles for humanitarian assistance contained in

resolution 46/182 of the United Nations General Assembly,

Reaffirming the understanding reached in December 1990 between the

Government, RENAMO and the International Committee of the Red Cross on the

principles of free movement of populations and assistance for all Mozambicans

wherever they might be,

I. The Government and RENAMO solemnly agree and undertake to observe

the following guiding principles for humanitarian assistance:

(a) Assistance shall go to all affected Mozambicans, freely and without

discrimination;

(b) Freedom of movement and respect shall be guaranteed for persons and

means which, under the flag of the United Nations or of ICRC, are engaged in

humanitarian actions and are not accompanied by military escorts;

recognized and respected;

(d) Access shall be permitted to the entire affected population, using

all means of transport;

(e) The use of all means for the rapid, expeditious distribution of

humanitarian assistance shall be permitted and facilitated;

(f) Freedom of movement shall be ~uaranteed for all personnel who, under

United Nations/ICRC auspices, are responsible for identifying populations in

need, priority areas, means of transport and access routes and for supervising

the distribution of assistance;

(g) Persons shall be allowed freedom of movement to enable them to have

full access to humanitarian assistance.

II. In order to provide relief in situations of extreme urgency, which

already exist in the country, the parties agree to:

(a) Immediately permit and facilitate air traffic to all points in the

country, for transporting humanitarian assistance and whatever personnel is

considered necessary and viable;

(b) To the same end, to permit and facilitate the immediate use and

rehabilitation, where necessary, of other access routes to affected

populations, including routes coming from neighbouring countries, as agreed to

by the parties and communicated by the committe~ referred to in paragraph V of

this Declaration.

III. In addition, the Government and RENAMO will continue their

negotiations with a view to reaching, as soon as possible, an agreement on the

opening of roads and the removal of all obstacles which might prevent the

distribution of hurnanitarian assistance.

IV. The Government and RENAMO undertake not to derive military

advantages from hurnanitarian assistance operations carried out under this

Declaration.

V. Both parties agree that the coordination and supervısıon of all

humanitarian assistance operations carried out under this Declaration shall be

the responsibility of a committee presided over by the United Nations.

This

comrnittee shall be made up of the mediators, the observers to the Rome

negotiations and ICRC.

The mediators will also have the task of verifying

respect for this Declaration and for bringing any complaints or protests to

the negotiating table.

The committee will report to the parties, in due course, on the

operational details.

VI. Both parties agree to participate and cooperate with the

international community in Mozambique in formulating action plans, with a view

to implementing such plans in accordance with this Declaration.

The committee

will coordinate such activities.

To that end, RENAMO will appoint its

representative in the framework of and in accordance with the procedures of

the COMIVE, who shall have the status provided for therein.

VII. Both parties undertake to comply strictly with the terms of this

Declaration and agree that any violation substantiated by the committee may be

communicated to the international community.

VIII.

This Declaration shall be disseminated as widely as possible in

Mozambique.

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 16 July 1992