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04/10/1992
General Peace Agreement for Mozambique
Protocol V
Guarantees
On 4 October 1992, the delegation of the Government of the Republic of Mozambique, headed by Armando Em�lio Guebuza, Minister of Transport and Communications, and composed of Mariano de Araujo Matsinha, Minister without Portfolio, Aguiar Mazula, Minister of State Administration, Teodato Hunguana, Minister of Labour, Lieutenant-General Tob�as Dai, Francisco Madeira, Diplomatic Advisor to the President of the Republic, Brigadier Aleixo Malunga, Colonel Fideles De Sousa, Major Justino Nrepo, Major Eduardo Lauchande, and the delegation of Renamo, headed by Raul Manuel Domingos, Chief of the Organisation Department, and composed of Jos� De Castro, Chief of the External Relations Department, Agostinho Semende Murrial, Chief of the Inforation Department, Jos� Augusto Xavier, Director-General of the Internal Administration Department, Major-General Herminio Morais, Colonel Fernando Canivete, Lieutenant-Colonel Arone Julai, and Lieutenant Ant�nio Domingos, meeting at Rome in the presence of the mediators, Mario Raffaelli, representative of the Italian Government and co-ordinator of the mediators, Jaime Gon�alves, Archbishop of Beira, Andrea Riccardi and Matteo Zuppi of the Community of Sant� Edigio, and the observers of the United Nations and the Governments of the United States of America, France, the United Kingdom and Portugal, took up item 5 of the Agreed Agenda of 28 May 1991, entitled �Guarantees�, and agreed as follows:
I. Timetable for the conduct of the electoral process
1. The elections to the Assembly of the Republic and the post of President of the Republic shall be held simultaneously and shall take place one year after the date of signature of the General Peace Agreement, as provided for in Protocol III.
2. Further to the provisions set forth in Protocol III, the Parties also agree as follows:
(a) By E-Day + 60, the Government shall establish the National Elections Commission provided for in Protocol III;
(b) Immediately following the signature of the General Peace Agreement, the Government, for purposes of the provisions of Protocol III, shall request technical and material support from the United Nations and OAU;
(c) The Government shall draft the Electoral Act in consultation with Renamo and the other parties within at most two months from the adoption by the Assembly of the Republic of the legal instruments incorporating the Protocols and guarantees, as well as the General Peace Agreement, into Mozambican law. The approval and publication of the Electoral Act shall take place within at most one month following the completion of its drafting;
(d) Within 60 days following the signature of the General Peace Agreement, the Government and Renamo shall agree on the observers to be invited for the electoral process. The Government shall draw up the corresponding invitations;
(e) The election campaign shall begin 45 days before the date of the elections;
(f) By the date of commencement of the election campaign, all parties taking part must have been registered and have submitted their lists of candidates as well as their respective symbols;
(g) By the date of commencement of the election campaign, the candidates for the Presidency of the Republic must have submitted their candidacies in conformity with the legally prescribed requirements;
(h) The election campaign shall conclude 48 hours before the start of voting;
(i) The elected Assembly of the Republic shall take office 15 days after the publication of the lists giving the results of the election. The lists giving the results of the election shall be published not more than eight days after the closure of voting;
(j) The investiture of the elected President of the Republic shall take place one week after the elected Assembly of the Republic has taken office.
II. Commission to supervise the cease-fire and monitor respect for and implementation of the agreements between the Parties within the framework of these negotiations: its composition and powers
1. Pursuant to Protocol I, the Supervisory and Monitoring Commission (CSC) is established, which shall begin operating upon appointment of its Chairman by the Secretary General of the United Nations.
2. This Commission shall be composed of representatives of the Government, Renamo, the United Nations, OAU and the countries to be agreed upon by the Parties. The Commission shall be chaired by the United Nations and shall be based at Maputo.
3. The decisions of CSC shall be taken by consensus between the two Parties
4. CSC shall draw up its own Rules of Procedure and may whenever it sees fit establish sub-commissions additional to those provided for in paragraph II.7 of the present Protocol.
5. CSC shall in particular:
(a) Guarantee the implementation of the provisions contained in the General Peace Agreement;
(b) Guarantee respect for the timetable specified for the cease-fire and the holding of the elections;
(c) Assume responsibility for the authentic interpretation of the agreements;
(d) Settle any disputes that may arise between the Parties;
(e) Guide and co-ordinate the activities of the subsidiary commissions referred to in paragraph II.7 of this Protocol.
6. CSC shall cease to function when the new Government takes office.
7. CSC shall have under it the following Commissions:
(a) The Joint Commission for the Formation of the Mozambican Defence Force (CCFADM). Its powers shall be those specified in Protocol IV, paragraph I (iii) on the formation of the Mozambican Defence Force. CCFADM shall be composed of representatives of the Parties and of the Governments selected by the Parties before the signing of the General Peace Agreement to provide assistance in the process of formation of the FADM in conformity with the provisions of Protocol IV, section I;
(b) The Cease-fire Commission (CCF). Its composition and powers shall be those indicated in Protocol IV, section VI and Protocol VI, section I;
(c) Reintegration Commission (CORE). Its composition and powers shall be those specified in Protocol IV, section VI.
III. Specific guarantees for the period from the cease-fire to the holding of the elections
1. The Government of the Republic of Mozambique shall submit a formal request to the United Nations for its participation in monitoring and guaranteeing the implementation of the General Peace Agreement, in particular the cease-fire and the electoral process, with immediate priority to co-ordinating and making available food, medical attention and all other forms of support necessary at the assembly and billeting locations for the forces as provided in Protocol VI.
2. With the means available to it and with the assistance of the international community, the Government of the Republic of Mozambique shall make available to CSC and its subsidiary commissions the logistical support required for their functioning.
3. The Government of the Republic of Mozambique shall send formal requests to the Governments and organisations selected by the two Parties to participate in the commissions agreed upon above.
4. The resources and facilities specified in Protocol III, paragraph 7 (b) shall be made available by the Government of Mozambique as from the date of incorporation of the General Peace Agreement into Mozambican law by the Assembly of the Republic. The major part of this process shall have been concluded by E-day.
5. The committee provided for in the Joint Declaration of 16 July 1992 shall exercise its functions before CSC takes office. CSC may if necessary decide to extend the activities of that committee, and establish guidelines for its operations to that end.
6. The Government of the Republic of Mozambique shall draw up in agreement with Renamo and the relevant United Nations agencies, in accordance with Protocol III, the plan for assistance to refugees and displaced persons, which shall be submitted to the donors� conference the holding of which is agreed upon in Protocol VII.
7. Between the entry into force of the cease-fire and the time when the new Government takes office, the entry of foreign troops or contingents into Mozambican territory shall not be permitted except in the cases agreed to by CSC.
8. Renamo shall be responsible for the immediate personal security of its top leaders. The Government of the Republic of Mozambique shall grant police status to the members of Renamo assigned to guarantee that security.
9. Guarantee of legality, stability and tranquillity throughout the territory of the Republic of Mozambique.
(a) The Parties recognise that the public administration in the Republic of Mozambique during the period between the entry into force of the cease-fire and the time when the new Government takes office will continue to obey the law in force and to be conducted through the institutions provided for by law;
(b) The public administration shall guarantee public tranquillity and stability, and seek to ensure the maintenance of peace and the creation of the climate required for the holding of fair and free general and presidential elections in accordance with the provisions of the General Peace Agreement and the Electoral Act;
(c) The two Parties undertake to guarantee that the laws and legislative provisions of the Republic of Mozambique, as well as the civil and political rights of citizens and human rights and fundamental freedoms, shall be respected and guaranteed in all parts of the national territory in conformity with Protocol I of 18 October 1991;
(d) In order to ensure greater tranquillity and stability in the period between the entry into force of the cease-fire and the time when the new Government takes office, the Parties agree that the institutions provided for by law for the conduct of the public administration in the areas controlled by Renamo shall employ only citizens resident in those areas, who may be members of Renamo. The State shall accord such citizens and the institutions staffed by them the respect, treatment and support required for the discharge of their duties, on the basis of strict equality and without any discrimination in relation to others performing similar functions and institutions at the same level in other areas of the country. The relationship between the Ministry of State Administration and the administration in the areas controlled by Renamo shall be conducted through a National Commission constituted by the Parties for the purpose of facilitating collaboration and good understanding. This Commission shall be composed of four representatives of each of the Parties and shall begin operating 15 days after the signature of the General Peace Agreement;
(e) The Government undertakes to respect and not antagonise the traditional structures and authorities where they are currently de facto exercising such authority, and to allow them to be replaced only in those cases where that is called for by the procedures of local tradition themselves;
(f) The Government undertakes not to hold local, district or provincial elections or elections to administrative posts in advance of the forthcoming general elections;
(g) The Parties undertake to guarantee throughout the national territory the exercise of democratic rights and freedoms by all citizens, as well as the performance of party work by all political parties;
(h) The Parties guarantee access by the Commissions provided for in the General Peace Agreement, the representatives and officials of the State institutions provided for by law and their officials to any part of the national territory to which they may need to proceed on official business, as well as the right to freedom of movement in all locations not restricted by any legislative measure, instrument or rule.
IV. Constitutional issues
The joint declaration of 7 August 1992 signed by Joaquim Alberto Chissano, President of the Republic of Mozambique, and Afonso Macacho Marceta Dhlakama, President of Renamo, constitutes an integral part of the General Peace Agreement. Accordingly, the principles embodied in Protocol I shall also apply with respect to the problem of constitutional guarantees raised by Renamo and illustrated in the document submitted to the President of the Republic of Zimbabwe, Robert Gabriel Mugabe, at Gaborone, Botswana, on 4 July 1992. To this end, the Government of the Republic of Mozambique shall submit to the Assembly of the Republic for adoption legal instruments incorporating the Protocols, the guarantees and the General Peace Agreement into Mozambican law.
In witness whereof, the Parties have decided to sign the present Protocol.
For the delegation of the Government of the Republic of Mozambique:
Armando Em�lio Guebuza
For the delegation of Renamo:
Raul Manuel Domingos
The mediators:
Mario Raffaelli, Jaime Gon�alves, Andrea Riccardi, Matteo Zuppi
Sant� Egidio, Rome, 4 October 1992.
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