Protocol II- Criteria and Arrangements for the Formation and Recognition of Parties

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Country/entity: Mozambique
Region: Africa (excl MENA)
Agreement name: Protocol II- Criteria and Arrangements for the Formation and Recognition of Parties
Date: 13 Nov 1991
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Mozambique process in the 90s
Parties: For the delegation of the Government of the Republic of Mozambique: Armando Emilio Guebuza;
For the delegation of RENAMO: Raul Manuel Domingos;
Third parties: The mediators:
Mario Raffaelli;
Jaime Gonçalves;
Andrea Riccardi;
Matteo Zuppi;
Description: Protocol II of the General Peace Agreement for Mozambique. Protocol focuses on the rules governing the formation and maintenance of political parties. It is agreed that RENAMO would commence its activities as a political party immediately after the signing of the General Peace Agreement, and it is agreed that a timetable for the implementation of the Protocol is to be established.

Agreement document: MZ_911113_General Peace Agreement Protocol II Political Parties.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: Groups→Racial/ethnic/national group→Substantive
Page 2, 2. General principles, (c)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious.
Religious groups: Groups→Religious groups→Substantive
Page 2, 2. General principles, (c)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Substantive
Page 1, 1. The nature of political parties
... (b) Associations whose primary purpose is to promote local or sectoral interests or the exclusive interests of a given social group or class of citizens shall be different from political parties and may not enjoy the status provided for by law for such parties.

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): Page 1, Untitled Preamble
... At the conclusion of their talks, the parties agreed on the necessity of guaranteeing the workings of a multi-party democracy in which the parties would freely cooperate in shaping and expressing the will of the people and in promoting democratic participation by the citizens in the Government of the country.

Page 1, 1. The nature of political parties
... (e) For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.
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, 1. The nature of political parties, (a)
Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.

Page 2, 3. The rights of parties, (c)
Parties shall enjoy the following rights: Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the basis of criteria of representativeness to be specified in the Electoral Act.

Page 3, 4. Duties of parties, (c)
Political parties shall fulfil the following requirements: They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office.

Page 3, 5. Registration, (a)
The purpose of registration is to certify that the founding and existence of parties is in accordance with the applicable legal principles
and, consequently, to confer on parties the status of juridical person.

Page 3, 5. Registration, (b)
For the purposes of registration, each Party must have collected at least 2,000 signatures.

Page 3, 5. Registration, (c)
Responsibility for registering parties shall rest with the Government.

Page 3, 5. Registration, (d)
The Commission provided for in paragraph 5 of Protocol I on basic principles shall consider and settle any disputes which may arise in connection with the registration of parties. For that purpose the Government shall make available to the Commission the documents required by law.
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
The Protocol in its entirety deals with the formation of political parties.

Page 1, 1. The nature of political parties, (c)
The Political Parties Act shall determine the conditions for the acquisition of the status of juridical person by political parties.

Page 1, 1. The nature of political parties, (d)
Political parties shall be granted specific privileges, which shall be guaranteed by law.

Page 2, 2. General principles, (a)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: They must pursue democratic purposes.

Page 2, 2. General principles, (b)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: They must pursue national and patriotic interests.

Page 2, 2. General principles, (c)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious.

Page 2, 2. General principles, (d)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: The members of political parties must be citizens of Mozambique.

Page 2, 2. General principles, (e)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: The parties must have a democratic structure and their internal
bodies must be transparent.

Page 2, 2. General principles, (f)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling
their actions: The parties must accept democratic methods for the pursuit of their aims.

Page 2, 2. General principles, (g)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.

Page 2, 3. The rights of parties
The purpose of the Political Parties Act shall be to protect the freedom of action and operation of political parties, with the exception of those which espouse anti-democratic, totalitarian or violent aims, or which conduct their activities in a manner contrary to law.

Page 2, 3. The rights of parties, (a)
Parties shall enjoy the following rights: Equal rights and duties before the law.

Page 2, 3. The rights of parties, (b)
Parties shall enjoy the following rights: Every Party shall have the right freely and publicly to propound its policies.

Page 2, 3. The rights of parties, (c)
Parties shall enjoy the following rights: Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the basis of criteria of representativeness to be specified in the Electoral Act.

Page 3, 3. The rights of parties, (d)
Parties shall enjoy the following rights: Exemption from taxes and fees as provided for by law.

Page 3, 3. The rights of parties, (e)
Parties shall enjoy the following rights: No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion.

Page 3, 3. The rights of parties, (f)
Parties shall enjoy the following rights: Other aspects specific to individual political parties shall be determined in their respective statutes or regulations, which must conform with the law. Public notice shall be given of such statutes or regulations.

Page 3, 4. Duties of parties, (a)
Political parties shall fulfil the following requirements: They shall be identified by name, acronym and symbol. The use of names, acronyms or symbols which may be considered offensive by the inhabitants or which incite to violence and may have divisive connotations based on race, region, tribe, gender or religion shall be prohibited.

Page 3, 4. Duties of parties, (b)
Political parties shall fulfil the following requirements: They shall not call into question the country's territorial integrity and national unity.

Page 3, 4. Duties of parties, (c)
Political parties shall fulfil the following requirements: They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office.

Page 3, 4. Duties of parties, (d)
Political parties shall fulfil the following requirements: They must ensure that their statutes and programmes are approved by a majority of their members or by assemblies representing those members.

Page 3, 4. Duties of parties, (e)
Political parties shall fulfil the following requirements: As regards their internal organization, Parties must fully respect the principle of free adherence of their members, who may not be compelled to join or remain in a party against their will.

Page 3, 4. Duties of parties, (f)
Political parties shall fulfil the following requirements: They must be registered and disclose annually their accounts and sources of funding.

Page 4, 6. Implementation, (a)
The Parties agree that, immediately following the signature of the General Peace Agreement, RENAMO shall commence its activities as a political party, with the privileges provided for by law; it shall, however, be required to submit at a later date the documents required by law for registration.
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: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, 1. The nature of political parties
... (e) For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 2, 3. The rights of parties, (a)
Parties shall enjoy the following rights: Equal rights and duties before the law.

Page 2, 3. The rights of parties, (c)
Parties shall enjoy the following rights: Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the basis of criteria of representativeness to be specified in the Electoral Act.

Page 3, 3. The rights of parties, (e)
Parties shall enjoy the following rights: No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion.
Human rights and equality→Civil and political rights→Freedom of association
Page 2, 2. General principles, (g)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.

Page 3, 3. The rights of parties, (e)
Parties shall enjoy the following rights: No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 1, Untitled Preamble
... At the conclusion of their talks, the parties agreed on the necessity of guaranteeing the workings of a multi-party democracy in which the parties would freely cooperate in shaping and expressing the will of the people and in promoting democratic participation by the citizens in the Government of the country.

Page 1, 1. The nature of political parties
(a) Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for democratic participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.
(b) Associations whose primary purpose is to promote local or sectoral interests or the exclusive interests of a given social group or class of citizens shall be different from political parties and may not enjoy the status provided for by law for such parties.

Page 2, 2. General principles
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions:
... (d) The members of political parties must be citizens of Mozambique;
... (g) Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.
Rights related issues→Citizenship→Citizens, specific rights
Page 2, 3. The rights of parties
The purpose of the Political Parties Act shall be to protect the freedom of action and operation of political parties, with the exception of those which espouse anti-democratic, totalitarian or violent aims, or which conduct their activities in a manner contrary to law.
... (e) No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion;
Democracy: Page 1, Untitled Preamble
... At the conclusion of their talks, the parties agreed on the necessity of guaranteeing the workings of a multi-party democracy in which the parties would freely cooperate in shaping and expressing the will of the people and in promoting democratic participation by the citizens in the Government of the country.

Page 1, 1. The nature of political parties, (a)
Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.

Page 2, 1. The nature of political parties, (e)
For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.

Page 2, 2. General principles, (a)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: They must pursue democratic purposes.

Page 2, 2. General principles, (e)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: The parties must have a democratic structure and their internal bodies must be transparent.

Page 2, 2. General principles, (f)
In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions: The parties must accept democratic methods for the pursuit of their aims.

Page 3, 4. Duties of parties, (c)
Political parties shall fulfil the following requirements: They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2, 3. The rights of parties
... (c) Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the basis of criteria of representativeness to be specified in the Electoral Act.
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: Socio-economic reconstruction→Taxation→Reform of taxation
Page 3, 3. The rights of parties, (d)
Parties shall enjoy the following rights: Exemption from taxes and fees as provided for by law.
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 4, 6. Implementation, (a)
The Parties agree that, immediately following the signature of the General Peace Agreement, RENAMO shall commence its activities as a political party, with the privileges provided for by law; it shall, however, be required to submit at a later date the documents required by law for registration.
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: Mediators: Mario raffaeli (Italian Govt), Jaime Goncalves (Archbishop of Beira), Andrea Riccardi and Matteo Zuppi (Sant'Egidio)
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3,

5. Registration, (d)
The Commission provided for in paragraph 5 of Protocol I on basic principles shall consider and settle any disputes which may arise in connection with the registration of parties. For that purpose the Government shall make available to the Commission the documents required by law.
6. Implementation
... (b) Pursuing the method of dialogue, collaboration and regular consultation, the parties agree to establish, in connection with the discussion of item 5 of the Agreed Agenda, the timetable of activities necessary for the proper implementation of this Protocol.
Related cases: No specific mention.
Source: UN Peacemaker http://peacemaker.un.org/mozambique-general-peace-agreement92

PROTOCOL II - CRITERIA AND ARRANGEMENTS FOR THE FORMATION AND RECOGNITION OF POLITICAL PARTIES

On 13 November 1991, the delegation of the Government of the Republic of Mozambique, headed by Armanda Emilio Guebuza, Minister of Transport and Communications, and composed of Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, and Francisco Madeira, Diplomatic Adviser to the President of the Republic, and the delegation of RENAMO, headed by Raul Manuel Domingos, Chief of the External Relations Department, and composed of Vicente Zacarias Ululu, Chief of the Information Department, Agostinho Semende Murrial, Deputy Chief of the Political Affairs Department and, Joao Francisco Almirante, member of the President's cabinet, meeting in Rome in the context of the peace talks, in the presence of the mediators, Mario Raffaelli, representative of the Government of the Italian Republic and coordinator of the mediators, Jaime Gonçalves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of San Egidio, took up item 1 of the Agreed Agenda of 28 May 1991, concerning "Criteria and arrangements for the formation and recognition of political parties".

At the conclusion of their talks, the parties agreed on the necessity of guaranteeing the workings of a multi-party democracy in which the parties

would freely cooperate in shaping and expressing the will of the people and in promoting democratic participation by the citizens in the Government of the country.

In this connection, and bearing in mind the provisions of Protocol I on "Basic principles", the parties have agreed on the following principles:

1. The nature of political parties

(a) Political parties shall be independent, voluntary and free associations of citizens, national in scope, whose primary purpose shall be to give democratic expression to the will of the people and to provide for democratic participation in the exercise of political power in accordance with the fundamental rights and freedoms of citizens and on the basis of electoral processes at all levels of State organization.

(b) Associations whose primary purpose is to promote local or sectoral interests or the exclusive interests of a given social group or class of citizens shall be different from political parti es and may not enjoy the status provided for by law for such parties.

(c) The Political Parties Act shall determine the conditions for the acquisition of the status of juridical person by political parties.

(d) Political parties shall be granted specific privileges, which shall be guaranteed by law.

(e) For the operation and full development of a multi-party democracy based on respect for and guarantees of basic rights and freedoms and based on pluralism of democratic political expression and organization under which political power belongs exclusively to the people and is exercised in accordance with principles of representative and pluralistic democracy, the parties must have fundamentally democratic principles by which they must abide in practice and in their political activities.

2. General principles

In their formation, structure and operations, political parties shall observe and apply the following general principles with the aim of controlling their actions:

(a) They must pursue democratic purposes;

(b) They must pursue national and patriotic interests;

(c) The political objectives pursued must be non-regional, non-tribal, non-separatist, non-racial, non-ethnic and non-religious;

(d) The members of political parties must be citizens of Mozambique;

(e) The parties must have a democratic structure and their internal bodies must be transparent;

(f) The parties must accept democratic methods for the pursuit of their aims;

(g) Joining a political party must be a voluntary act reflecting the freedom of citizens to associate with others who share the same political outlook.

3. The rights of parties

The purpose of the Political Parties Act shall be to protect the freedom of action and operation of political parties, with the exception of those which espouse anti-democratic, totalitarian or violent aims, or which conduct their activities in a manner contrary to law.

Parties shall enjoy the following rights:

(a) Equal rights and duties before the law;

(b) Every Party shall have the right freely and publicly to propound its policies;

(c) Specific guarantees shall be provided with respect to access to the mass media, sources of public funding and public facilities, in accordance with the principle of non-discrimination and on the hasis of criteria of representativeness to be specified in the Electoral Act;

(d) Exemption from taxes and fees as provided for by law;

(e) No citizen shall be persecuted or discriminated against because of membership in a political party or political opinion;

(f) Other aspects specific to individual political parties shall be determined in their respective statutes or regulations, which must conform with the law.

Public notice shall be given of such statutes or regulations.

4. Duties of parties

Political parties shall fulfil the following requirements:

(a) They shall be identified by name, acronym and symbol.

The use of names, acronyms or symbols which may be considered offensive by the inhabitants or which incite to violence and may have divisive connotations based on race, region, tribe, gender or religion shall be prohibited;

(b) They shall not call into question the country's territorial integrity and national unity;

(c) They must establish their organs and organize their internal structure on the basis of the principle of democratic election and responsibility of all individuals holding party office;

(d) They must ensure that their statutes and programmes are approved by a majority of their members or by assemblies representing those members;

(e) As regards their internal organization, Parties must fully respect the principle of free adherence of their members, who may not be compelled to join or remain in a party against their will;

(f) They must be registered and disclose annually their accounts and sources of funding.

5. Registration

(a) The purpose of registration is to certify that the founding and existence of parties is in accordance with the applicable legal principles

and, consequently, to confer on parties the status of juridical person;

(b) For the purposes of registration, each Party must have collected at least 2,000 signatures;

(d) The Commission provided for in paragraph 5 of Protocol I on basic principles shall consider and settle any disputes which may arise in connection with the registration of parties.

For that purpose the Government shall make available to the Commission the documents required by law.

6. Implementation

(a) The Parties agree that, immediately following the signature of the General Peace Agreement, RENAMO shall commence its activities as a political party, with the privileges provided for by law;

it shall, however, be required to submit at a later date the documents required by law for registration;

(b) Pursuing the method of dialogue, collaboration and regular consultation, the parties agree to establish, in connection with the discussion of item 5 of the Agreed Agenda, the timetable of activities necessary for the proper implementation of this Protocol.

In witness whereof, the Parties have decided to sign this Protocol.

For the delegation of the Government of the Republic of Mozambique:

(Signed) Armando Emilio Guebuza

For the delegation of RENAMO:

(Signed) Raul Manuel Domingos

The mediators:

(Signed) Mario Raffaelli

(Signed) Jaime Gonçalves

(Signed) Andrea Riccardi

(Signed) Matteo Zuppi

Done at San Egidio, Rome, on 13 November 1991