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04/10/1992
General Peace Agreement for Mozambique
Protocol IV
Military questions
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 Information Department, Jos� Augusto Xavier, Director-General of the Internal Administration Department, Major-General Herminio Morais, Colonel Fernando Canivete, Lieutenant-Colonel Arone Julai, 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 3 of the Agreed Agenda of 28 May 1991, entitled �Military questions�, and agreed as follows:
I. Formation of the Mozambican Defence Force
i. General principles
1. The Mozambican Defence Force (FADM) shall be formed for service throughout the national territory.
2. The FADM:
(a) Has as its general purpose the defence and safeguarding of the country's sovereignty, independence and territory. During the period between the cease-fire and the time when the new Government takes office, the FADM may, under the FADM High Command, act in co-operation with the Police Command to protect civilian inhabitants against crime and violence of all kinds. Additional functions of the FADM shall be to provide assistance in crisis or emergency situations arising in the country as a result of natural disasters and to provide support for reconstruction and development efforts;
(b) Shall be non-partisan, career, professionally trained, and competent: it shall be made up exclusively of Mozambican citizens who are volunteers and are drawn from the forces of both Parties. It shall serve the country with professionalism and respect the democratic order and the rule of law. The composition of the FADM should preclude all forms of racial or ethnic discrimination or discrimination based on language or religious affiliation.
3. The process of forming the FADM shall begin after the entry into force of the cease-fire immediately following the inauguration of the Commission provided for in Protocol I of 18 October 1991, to be called the Supervisory and Monitoring Commission (CSC). This process shall be completed prior to the commencement of the election campaign.
4. The process of forming the FADM shall be conducted simultaneously with the concentration, disarmament and integration into civilian life of the personnel demobilised in stages as a result of the cease-fire. The Government and Renamo shall be responsible for contributing units drawn from the existing forces of each side; this process shall proceed until the new units of the FADM have been formed, with all existing units being demobilised when the FADM has reached full strength.
5. The neutrality of the FADM during the period between the cease-fire and the time when the new Government takes office shall be guaranteed by the Parties through the Commission referred to in section
[iii] of this Protocol.
6. By the time of the elections, only the FADM shall exist and shall have the structure agreed upon between the Parties; no other forces may remain in existence. All elements of the existing armed forces of the two Parties which are not incorporated into the FADM shall be demobilised during the period envisaged in section VI.i.3 of this Protocol.
ii. Personnel
1. The Parties agree that the troop strength of the FADM up until the time when the new Government takes office shall be as follows:
(a) Army: 24,000
(b) Air Force: 4,000
(c) Navy: 2,000
2. The personnel of the FADM in each of the service branches shall be provided by the FAM and the forces of Renamo, each side contributing 50 per cent.
iii. FADM command structures
1. The parties agree to establish a Joint Commission for the Formation of the Mozambican Defence Force (CCFADM) on the following basis:
(a) CCFADM shall have specific responsibility for overseeing the process of forming the FADM and shall operate under the authority of CSC;
(b) CCFADM is the body responsible for the formation of the FADM until the time when the new Government takes office. FADM shall be headed by a High Command (CS), which shall be subordinate to CCFADM. After the new Government takes office, the FADM shall be placed under the authority of the new Ministry of Defence or any other body which the new Government may establish;
(c) CCFADM shall be composed of representatives of the FAM and the Renamo forces as members, who shall be assisted by representatives of the countries selected by the Parties to advise in the process of forming the FADM. CCFADM shall be inaugurated on the date of the entry into force of the cease-fire (E-Day); (d) CCFADM shall draw up directives on the phasing of the establishment of the
FADM structures and shall propose to CSC:
- The rules governing the FADM;
- The budget to be provided for the FADM until the new Government takes office;
- The criteria for selection and the selection of FAM personnel and Renamo forces for the formation of the FADM;
- The names of the commanding officers of the main commands.
2. FADM High Command
(a) The general mission of CS shall be to act on the directives issued by CCFADM, taking into account the establishment of the FADM structures and support for the FADM;
(b) Until the new Government takes office, the command of FADM shall be exercised by two general officers of equal rank, appointed by each of the Parties. Decisions of the command shall be valid only when signed by these two general officers;
(c) The FADM command structure shall be strictly non-political and shall receive directives and orders only through the appropriate chain of command;
(d) The FADM shall have a single logistics service for all three branches. To that end, a Logistics and Infrastructure Command shall be established under the authority of the FADM High Command;
(e) Appointments to the FADM High Command and the commands of the three branches of the FADM and the Logistics Command shall be proposed by CCFADM and approved by CSC;
(f) Until the new Government takes office, the FADM High Command shall be assisted by the General Staff, with departments headed by general officers or senior officers proposed by CCFADM and approved by CSC.
3. Command of the Army, Air Force and Navy and the Logistics Command:
The FADM High Command shall have authority over the Commands of the three service branches (Army, Air Force and Navy) and the Logistics Command, which shall be organised as follows:
(a) Army Command
1. The structure of the Army Command shall encompass the military regions under the direct authority of the Army Commander, whose functions are to be determined but which may include the organisation and preparation of forces, training, justice, discipline and logistic support to assigned forces.
2. Each military region shall have a commanding officer holding the rank of general, who shall be assisted by a deputy commander.
3. The headquarters of the military regions shall be proposed by the Commander of the Army and approved by CS.
(b) Air Force Command
The Air Force shall be formed having regard to the training and skills of the personnel of the existing Air Force and the existing Renamo forces, in accordance with the provisions of the directives issued by CCFADM;
(c) Navy Command
The Navy shall be formed having regard to the training and skills of the personnel of the existing Navy and the Renamo forces, in accordance with the provisions of the directives issued by CCFADM;
(d) Logistics and Infrastructure Command
1. A Logistics and Infrastructure Command shall be set up under the direct authority of the FADM High Command.
2. The Logistics and Infrastructure Command shall have the overall mission of planning and providing administrative and logistic support for the FADM (Army, Air Force and Navy) and ensuring delivery of such support through the FADM General Services. It shall, in particular, be responsible for production and procurement logistics.
3. The Logistics and Infrastructure Command shall be headed by a general, assisted by a deputy commander and a general staff which shall, initially, include the following sections:
- Infrastructure;
- General services;
- Equipment;
- Finance.
4. The Logistics and Infrastructure Command shall have authority over such support units as may be assigned to it.
iv. Timetable for the process
(a) The formation of the FADM shall commence with the appointment of the following:
- CCFADM, prior to the entry in force of the cease-fire (E-Day);
- The FADM High Command on E-Day + 1;
- The commanders of the three service branches and the logistics command;
- The commanders of the military regions;
- The unit commanders.
(b) General staffs shall be organised immediately following the appointment of each command;
(c) The system of administrative and logistics support shall be organised taking into account the new
size of the FADM, in accordance with the principle of utilising or transforming existing structures on the basis of the plans of the FADM High Command, as approved by CCFADM.
v. Technical assistance of foreign countries
The parties shall inform the mediators within 7 (seven) days after the signing of the cease-fire Protocol the countries which are to be invited to provide assistance in the process of forming the FADM.
II. Withdrawal of foreign troops from Mozambican territory
1. The withdrawal of foreign troops from Mozambican territory shall be initiated following the entry into force of the cease-fire (E-Day). The Government of the Republic of Mozambique undertakes to negotiate the complete withdrawal of foreign forces and contingents from Mozambican territory with the Governments of the countries concerned. The modalities and time-frame for the withdrawal shall not contravene any provision of the Cease-fire Agreement or the General Peace Agreement.
2. The Government of the Republic of Mozambique shall submit to CSC the deadlines and plans for implementation of the withdrawal, specifying the exact numbers of troops present in Mozambican territory and their location.
3. The complete withdrawal of foreign forces and contingents from Mozambican territory shall be monitored and verified by the Cease-fire Commission (CCF) referred to in paragraph VI.(i).2 of this Protocol. CCF shall inform CSC of the conclusion of the complete withdrawal of foreign forces from the national territory.
4. In accordance with its mandate CSC, through CCF, will, following the withdrawal of the foreign troops, assume immediate responsibility for verifying and ensuring security of strategic and trading routes, adopting the measures it deems necessary for the purpose.
III. Activities of private and irregular armed groups
1. Except as provided in paragraph 3 below, paramilitary, private and irregular armed groups active on the day of entry into force of the cease-fire shall be disbanded and prohibited from forming new groups of the same kind.
2. CCF shall monitor and verify the disbanding of the private and irregular armed groups and shall collect their weapons and ammunition. CSC shall decide the final disposition of the weapons and ammunition collected.
3. CSC may as a temporary measure organise the continued existence of security organisations for the purpose of ensuring the security of specified public or private infrastructures during the period between the cease-fire and the time when the new Government takes office.
4. These security organisations may be authorised to use weapons in the discharge of their duties. The activities of these organisations shall be monitored by CCF.
IV. Functioning of the National Service for People's Security
1. The parties agree that it is essential that the State information service should continue to function during the period between the entry into force of the cease-fire and the time when the new Government takes office, in order to ensure that the strategic information required by the State is made available and for the purpose of protecting the sovereignty and independence of the Republic of Mozambique.
2. For the purposes indicated above, the Parties agree that the State Information and Security Service (SISE) established by Act No. 20/91 of 23 August 1991 shall continue to perform its functions under the direct authority of the President of the Republic of Mozambique and subject to the following principles:
3. SISE shall:
(a) perform its duties and functions strictly in accordance with the spirit and the letter of internationally recognised democratic principles;
(b) respect the civil and political rights of citizens, as well as the internationally recognised human rights and fundamental freedoms;
(c) be guided in the performance of its functions by the interests of the State and the common welfare, in a manner free from any partisan or ideological considerations or regard for social standing and from any other form of discrimination;
(d) act at all times and in all respects in conformity with the terms and spirit of the General Peace Agreement.
4. SISE shall be composed, at all levels of the service, of citizens selected on the basis of criteria that are in conformity with the principles specified above.
5.
(a) The measures taken by SISE, as well as all actions of its agents, shall at all times be governed by the law in force in the Republic of Mozambique and by the principles agreed upon in the General Peace Agreement;
(b) The activities and prerogatives of SISE shall be confined to the production of information required by the President of theRepublic, within the limits authorised by the juridical order and in strict respect for the principles of the State ruled by law and forhuman rights and fundamental freedoms. The information thus obtained may in no case be used to limit the exercise of the democraticrights of citizens or to favour any political party;
(c) In no case may police functions be assigned to SISE.
6. The Director-General and Deputy Director-General of SISE shall be appointed by the President of the Republic of Mozambique.
7.
(a) For purposes of verifying that the actions of SISE do not violate the legal order or result in violation of the political rights of citizens, a National Information Commission (COMINFO) shall be established;
(b) COMINFO shall be composed of 21 members whose professional and personal qualities and past record afford guarantees of balance, effectiveness and independence vis-�-vis all political parties;
(c) COMINFO shall be established by the President of the Republic of Mozambique within 15 days following the entry into force of the General Peace Agreement and shall be composed of six citizens nominated by Renamo, six nominated by the Government, and nine selected as a result of consultations to be held by the President of the Republic with the political forces in the country from among citizens meeting the requirements specified in subparagraph (b);
(d) COMINFO shall have full powers to investigate any matter relating to the activity of SISE that is held to be contrary to the legal order and to the principles specified in paragraphs 1, 2, 3, and 5. A request for investigation may be rejected only by a two-thirds majority of its membership;
(e) COMINFO shall provide CSC with the reports and clarifications called for by the latter Commission;
COMINFO shall inform the competent State authorities of any irregularities detected, in order that they may take the appropriate police or disciplinary measures.
V. Depoliticisation and restructuring of the police forces
1. During the period between the entry into force of the cease-fire and the assumption of power by the new Government, the Police of the Republic of Mozambique (PRM) shall continue to perform its functions under the responsibility of the Government.
2. The Police of the Republic of Mozambique shall:
(a) perform its duties and functions strictly in accordance with the spirit and the letter of internationally recognised democratic principles;
(b) respect the civil and political rights of citizens, as well as the internationally recognised human rights and fundamental freedoms;
(c) be guided in the performance of its functions by the interests of the State and common welfare, in a manner free from any partisan or ideological considerations or regard for social standing and from any other form of discrimination;
(d) act at all times in conformity with the terms and spirit of the General Peace Agreement;
(e) act at all times with impartiality and independence vis-�-vis all political parties.
3. The PRM shall be composed of citizens selected on the basis of criteria that are in conformity with the principles specified above.
4. The basic tasks of the PRM shall be:
(a) to ensure respect for and defence of the law;
(b) to maintain public order and tranquillity and to prevent and suppress crime;
(c) to guarantee the existence of a climate of social stability and harmony.
5.
(a) The measures taken by the PRM, as well as all actions of its agents, shall at all times be governed by the law and the legislative provisions in force in the Republic of Mozambique and by the principles agreed upon in the General Peace Agreement;
(b) The activities and prerogatives of the PRM shall be exercised within the limits authorised by the juridical order, but with strict respect for the principles of the State ruled by law and for human rights and fundamental freedoms. These activities may not be directed towards limiting the exercise of the democratic rights of citizens or favouring any political party.
6. The Commander and Deputy Commander of the PRM shall be appointed by the President of the Republic of Mozambique.
7.
(a) For purposes of verifying that the actions of the PRM do not violate the legal order or result in violation of the political rights of citizens, a National Police Affairs Commission (COMPOL) shall be established;
(b) COMPOL shall be composed of 21 members whose professional and personal qualities and past record afford guarantees of balance, effectiveness and independence vis-�-vis all political parties;
(c) COMPOL shall be established by the President of the Republic of Mozambique within 15 days following the entry into force of the General Peace Agreement and shall be composed of six citizens nominated by Renamo, six nominated by the Government, and nine selected as a result of consultations to be held by the President of the Republic with the political forces in the country from among citizens meeting the requirements specified in subparagraph (b);
(d) COMPOL shall have full powers to investigate any matter relating to the activity of PRM that is held to be contrary to the legal order and to the principles specified in paragraphs 1, 2, 4 and 5. On being apprised of a matter, the Commission shall conduct a preliminary internal analysis in order to determine whether it falls within the sphere of police activities. The Commission shall decide to proceed with the investigations if more than half of its members so agree;
(e) COMPOL shall submit systematic reports on its activities to CSC;
(f) COMPOL shall inform the competent State authorities of any irregularities detected, in order that they may take the appropriate judicial or disciplinary measures.
VI. Economic and social reintegration of demobilised soldiers
(i) Demobilisation
1. Demobilisation of the FAM and the forces of Renamo means the process whereby, at the decision of the respective Parties, soldiers who on E-Day were members of those forces revert for all purposes to the status of civilians.
2. Cease-fire Commission
(a) On E-Day, the Cease-fire Commission (CCF) shall be established and begin its functions under the direct supervision of CSC;
(b) CCF shall be composed of representatives of the Government, Renamo, the invited countries and the United Nations. CCF shallbe presided over by the United Nations;
(c) CCF shall be based in Maputo and shall be structured as follows:
- Regional offices (North, Centre and South);
- Offices at the assembly and billeting locations of the two Parties.
(d) CCF shall have, inter alia, the function of implementing the demobilisation process, with the following tasks:
- Planning and organisation;
- Regulation of procedures;
- Direction and supervision;
- Registration of troops to be demobilised and issue of the respective identity cards;
- Collection, registration and custody of weapons, ammunition, explosives, equipment, uniforms and documentation;
- Destroying or deciding on the other disposition of weapons, ammunition, explosives, equipment, uniforms and documentation as agreed by the Parties;
- Medical examinations;
- Issue of demobilisation certificates.
(e) The United Nations shall assist in the implementation, verification and monitoring of the entire demobilisation process.
3. Timetable
- E-Day: Installation of CCF and commencement of its functions
- E-Day + 30: Definition by both Parties of the troops to be demobilised; activation of demobilisation
structures and initiation of the process
- E-Day + 60: Demobilisation of at least 20 per cent of the total troops to be demobilised
- E-Day + 90: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
- E-Day + 120: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
- E-Day + 150: Demobilisation of at least a further 20 per cent of the total troops to be demobilised
- E-Day + 180: End of demobilisation of the troops to be demobilised.
(ii) Reintegration
1. The term �demobilised soldier� means an individual who:
- up until E-Day was a member of the FAM or the Renamo forces;
- subsequent to E-Day was demobilised at the decision of the relevant command, and handed over the weapons, ammunition, equipment, uniform and documentation in his possession
- has been registered and has received the relevant identity card
- has received the demobilisation certificate.
For all purposes, demobilised soldiers of both Parties shall become civilians and shall be accorded equal treatment by the State.
2. Reintegration Commission
(a) A Reintegration Commission (CORE) shall be established. CORE shall operate under the direct authority of CSC and shall initiate its functions on E-Day;
(b) CORE shall be composed of representatives of the Government and Renamo, representatives of the invited countries, a representative of the United Nations, who shall preside, and representatives of other international organisations;
(c) CORE shall be based at Maputo and shall be structured as follows:
- Regional offices (North, Centre and South);
- Provincial offices in each provincial capital.
(d) The assignment of CORE shall be to effect the economic and social reintegration of demobilised soldiers, and it shall for this purpose conduct the following tasks:
- Planning and organisation;
- Regulation of procedures;
- Direction and supervision:
- Monitoring.
3. Resources
The economic and social reintegration of demobilised soldiers (demobilisation allowances, technical and/or vocational training, transport, etc.) will depend on the resources made available within the framework of the Donors Conference as referred to in item 6 of the Agreed Agenda of 28 May 1991.
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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