ANNEX 8:

AGENDA ITEM II.3: THE UNITED NATIONS MANDATE, THE ROLE OF THE OBSERVERS OF THE "ACORDOS DE PAZ" AND THE JOINT COMMISSION

A. THE UNITED NATIONS MANDATE

I. GENERAL PRINCIPLES

1. The Government of the Republic of Angola (the Government) and the National Union for the Total Independence of Angola (UNITA) reaffirm their commitment to respect and implement the "Acordos de Paz para Angola" (Bicesse), the relevant resolutions of the United Nations Security Council and the Lusaka Protocol.

2. The Government and UNITA recognize that the successful completion of the peace process within the framework of the "Acordos de Paz para Angola" (Bicesse), the relevant resolutions of the United Nations Security Council and the Lusaka Protocol is, firs t and foremost, their own responsibility, and undertake to cooperate fully and in good faith with the United Nations, with a view to the effective and sustained implementation of the peace process.

3. The Government and UNITA invite the United Nations to perform, in addition to its missions of good offices and mediation, the tasks defined in the present mandate with a view to the full implementation of the "Acordos de Paz para Angola" (Bicesse) and the Lusaka Protocol. The Observers of the peace process (the United States of America, Portugal and the Russian Federation) give their full support to this invitation.

4. The Government and UNITA reaffirm their clear wish that the United Nations, within the framework of its new mandate, should play an enlarged and reinforced role in the implementation of the "Acordos de Paz para Angola" (Bicesse) and the Lusaka Protocol, as agreed in the areas of military issues, National Police, National Reconciliation and the completion of the electoral process.
Both parties reiterate their determination to respect and protect the Mission of the United Nations in Angola, its operations, all its staff, its facilities and property.

5. The Government and UNITA invite the United Nations, within the framework of its new mandate, to assume the chairmanship of the Joint Commission and of all relevant meetings between the Government and UNITA, in the presence of the representatives of the Observers.

6. As soon as the United Nations Security Council authorizes the establishment of the new United Nations mission in Angola, an agreement regulating the status of the mission and its members shall be concluded, without delay, between the United Nations an d the Government on the basis of the relevant United Nations model agreement, the content of which shall be communicated by the Government to UNITA in advance.

7. UNITA undertakes to observe all the provisions of the above-mentioned agreement in article 6, and to cooperate in its implementation.

8. The Government and UNITA undertake to cooperate with each other, in order to respect the whole timetable for the implementation of the Lusaka Protocol.

9. The United Nations will perform the tasks entrusted to it within the framework of its new mandate, in strict respect for the sovereignty of the Angolan State and the relevant provisions of the "Acordos de Paz para Angola" (Bisesse) and the Lusaka Protocol.

10. The Government and UNITA commit themselves to implement the "Acordos de Paz para Angola" (Bicesse), the relevant resolutions of the United Nations Security Council and the Lusaka Protocol, respecting the principles of the rule of law, the general principles of internationally recognized human rights, more particularly, the Universal Declaration of Human Rights and the fundamental freedoms of the individual, such as defined by the national legislation in force and the various international legal instruments to which Angola adheres.

II. SPECIFIC PRINCIPLES

The Government and UNITA invite the United Nations, within the framework of its new mandate, to undertake the following tasks:

1) Military Issues (Agenda Item II.1)

1.1 Overall supervision, control and verification of the reestablished ceasefire, with the participation of the Government and UNITA (General principle no. 4).

1.2 Verification and monitoring of compliance with the cessation of all hostile propaganda between the Government of the Republic of Angola and UNITA, at both the domestic and international levels (General principle no. 5).

1.3 Verification and monitoring of the withdrawal and quartering of all UNITA military forces (Paragraph 8 of United Nations Security Council resolution 864; Timetable of bilateral ceasefire modalities, phase two, step three).

1.4 Installation of verification, inspection and control mechanisms (to include triangular communications) (Specific principle no. 2; Timetable of the bilateral ceasefire modalities, phase one, step two).

1.5 Reception of updated, reliable and verifiable information from UNITA concerning the composition of its forces, armament, equipment and their respective locations (Specific principle no. 3, Modalities no. 5).

1.6 Reception of updated, reliable and verifiable information from the Government concerning the composition of its forces, armament, equipment and respective locations (Specific principle no. 4).

1.7 Verification and monitoring of all troops identified as FAA (Specific principle no. 4).

1.8 Verification and monitoring of the arrangements resulting from the disengagement by the FAA from their forward positions, during the withdrawal and quartering of UNITA military forces (Specific principle no. 5).

1.9 Reinforcement of existing United Nations personnel, both military observers and armed peacekeeping forces (Modalities no. 6; Timetable of modalities, phase two, step one).

1.10 Organization and participation in the meeting of the General Staffs of the FAA and of the military forces of UNITA, on D-Day + 10 (Timetable of modalities).

1.11 Verification and inspection of the putting into effect of the supply of food and medicines to the FAA and UNITA military forces (Timetable of modalities, phase one, step one).

1.12 Notification, verification and monitoring of all movements of forces through the territory of Angola (Ceasefire modalities, phase two, step three).

1.13 Reception of notification relating to the evacuation of sick and wounded combatants, to ensure control and verification (Timetable of modalities, phase one, step one).

1.14 Creation and putting in place of UN teams to monitor and verify the cessation of hostilities throughout the country and to investigate alleged ceasefire violations (Timetable of modalities, phase one, step two).

1.15 Supervision of the limited disengagement of forces in areas where forces are in contact (Timetable of modalities, phase one, step four-A).

1.16 Participation, with the FAA and UNITA military forces, in the process of coordinating and agreeing to the disengagement of forces (Timetable of modalities, phase one, step four-A).

1.17 Supervision of the movement of UNITA troops to the areas designated by the United Nations and agreed to between the General Staffs, during the limited disengagement of the forces in areas where they are in contact (Timetable of modalities, phase o ne, step four-A).

1.18 Supervision of movement of Angolan Armed Forces to their nearest barracks during the limited disengagement of forces in areas where they are in contact (Timetable of modalities, phase one, step four).

1.19 Reception of information officially provided on the location of the FAA units of FAA and the military forces of UNITA which are not in contact (Timetable of modalities, phase one, step four-B).

1.20 Verification and monitoring of those areas being abandoned by UNITA military forces (Timetable of modalities, phase two, step one).

1.21 Verification and monitoring of Government forces which continue to remain "in situ" (Timetable of modalities, phase two, step one).

1.22 Organization, in coordination with both sides, of quartering areas, itineraries, and identifying means for the conduct of the movement of UNITA military forces to the quartering areas (Timetable of modalities, phase two, step two).

1.23 Notification to both sides of the specific modalities of the withdrawal of UNITA military forces towards the quartering areas (Timetable of modalities, phase two, step two).

1.24 Coordination with the Government forces in their withdrawal, where applicable, towards areas where they can be easily verified and monitored and which shall be, in most cases, the areas there they are headquartered. The concept is that Government forces will be centralized for ease of verification (Timetable of modalities, phase two, step three).

1.25 Supervision and control of the completion of the quartering of UNITA military forces, of the collection, storage and custody of their armament (Timetable of modalities, phase two, step four).

1.26 Verification, monitoring and control of the operation to collect the lethal war materiel of UNITA's military by the General Staff of UNITA military forces. The United Nations will, as part of a consecutive action, collect this lethal war materiel on the ground and proceed to store and take custody of it (Timetable of modalities, phase two, step four).

1.27 Verification of the free circulation of persons and goods (Timetable of modalities, phase two, step six).

1.28 Verification and monitoring of the process of the completion of the formation of FAA (General principle no. 1, Military Issues II).

1.29 Verification of strict compliance with the accords concerning FAA, without prejudice to the competence of the Government of the Republic of Angola with respect to national defense policy (Specific principle no. 5, Military Issues II).

1.30 Participation in the working group to supervise the completion of the formation of FAA and demobilization (Modalities, phase one, second paragraph, Military Issues II).

1.31 Technical link with the working group, under the FAA General Staff, which will operate in the area of planning and will supervise the implementation of the tasks leading to the completion of the formation of the FAA (Modalities, phase two, stage I II, Military Issues II).

1.32 Final verification of the fulfillment of the provisions of the Lusaka Protocol as regards the completion of the formation of FAA and demobilization of excess personnel (Modalities, phase III, Military Issues II).

1.33 Support, in accordance with the authorization of the United Nations Security Council, for the national programme of social reintegration undertaken by the Government of Angola, with the participation of UNITA, for the military personnel in excess of the number to be agreed upon by the Government of Angola and UNITA for the composition of the FAA (General principle no. 3, Completion of the formation of the FAA).

1.34 The parties signatories of the Lusaka Protocol agree that the Government should seek help from the United Nations and specialized institutions to assist them carry out demining operations in the country. In this context, the Government and UNITA agree to provide all the information available relating to mines and other explosives, to help implement programmes of mine surveys, of mine awareness and of demining, for the good of all Angolans. The United Nations undertakes to provide support towards the creation of a national capability in this area.

2) Police Activities (Agenda Item II.2)

2.1 Verification and monitoring of the activities of the Angolan National Police, placed under the legitimate authority, in order to guarantee its neutrality (Specific principle no. 1).

2.2 Verification and monitoring of the process of quartering the Rapid Reaction Police and the adaptation of its armament and equipment to the nature of its mission (Specific principle no. 10).

2.3 Establishment of the timetable and the identification of the quartering areas for the Rapid Reaction Police on D-Day + 10, jointly with the Government and in the presence of UNITA and the Representatives of the observer States (Modalities no. 3).

2.4 Participation, with the Government, UNITA and the Representatives of the observer States, in the meeting of D-Day + 10, where participation by UNITA members in the Angolan National Police and in the Rapid Reaction Police shall be formalized (Modalities no. 3).

2.5 Verification and monitoring of the collection, storage and custody of all the armaments in the hands of civilians, by the Angolan National Police (Military Issues I, Timetable of modalities, phase two, step four).

2.6 Verification and monitoring of the neutrality of the activities of the Angolan National Police relating to the commitments made in matters of security arrangements guaranteed for the UNITA leaders (Document relating to the special security arrangements guaranteed for leaders of UNITA, pursuant to article 3 of the modalities of National Reconciliation).

2.7 Verification and monitoring of the neutrality of the activity of the Angolan Police in their task of protecting the Polling Station Officers and the candidate agents of the participating candidates (Specific Principle no. 6, Completion of the Elector al Process).

3) National reconciliation Activities (Agenda Item II.4)

3.1 Certification that the requisite conditions have been fulfilled, including those related to the security of persons and property, to enable the normalization of the State administration (Specific principles no. 13; Modalities no. 7).

4) Completion of the Electoral Process (Agenda Item II.5)

4.1 Formal declaration, after seeking the views of the organ to succeed the CCPM and the advisory opinion of those considered necessary, that all the requisite conditions for holding the second round of the presidential elections have been fulfilled, including political and material conditions, especially those arising out of all the obligations under the Lusaka Protocol (General principle no. 3, Specific principle no. 4 and Modalities no. 2).

4.2 Appropriate support, verification and monitoring of the organization by the competent Angolan State institutions, namely the National Electoral Council, of the second round of the presidential elections (General principles no. 4).

4.3 Verification and monitoring of the activities of the Polling Station Officers, with the indispensable cooperation of the candidate agents of the participating candidates, in their capacity as faithful trustees of all electoral material of the Polling Station (Specific principle no. 6).

4.4 Issuing a declaration, within the maximum time limit of forty-eight (48) hours after the official proclamation of the national results of the second round of the presidential elections, regarding the free and fair nature of the elections (Specific principle no. 8).

4.5 Support, verification and monitoring of the design, manufacture, receipt and storage of voting material (Modalities no. 4).

4.6 Support, verification and monitoring of the preparation of the electoral registration rolls, as well as the publication through posters and notices of the lists of registered voters taken there from (Modalities no. 5).

B. THE ROLE OF OBSERVERS IN THE IMPLEMENTATION OF THE "ACORDOS DE PAZ" AND THE LUSAKA PROTOCOL

1. The Governments of the United States of America, Russian Federation and Portugal are the observers of the peace process in Angola. In this capacity, they shall sit on the Joint Commission.

2. The functions of the Representatives of the observers are:

2.1 Attend the meeting scheduled for D-Day + 10 of the General Staffs of the FAA and of the military forces of UNITA (Timetable of modalities, D + 10);

2.2 Attend the meeting scheduled for D-Day + 10 relating to the timetable and identification of the quartering areas for the Rapid Reaction Police (The Police, modalities no. 5);

2.3 Monitor the implementation of all the political, administrative and military provisions not yet implemented of the "Acordos de Paz para Angola" (Bicesse) and of all the political, administrative and military provisions of the Lusaka Protocol.

3. The Representatives of the observers shall attend all meetings of the Joint Commission and of any subsidiary body established by it, in their capacity as observers.

4. At all meetings, decisions shall be taken after hearing the opinions of the Representatives of the observers.

5. The functions of the Representatives of the observers on the Joint Commission shall cease when the body is dissolved.

C. THE JOINT COMMISSION

The Joint Commission shall have the composition, functions and rules of operation specified hereunder:

1. COMPOSITION

The Joint Commission shall be composed of:

 
2. FUNCTIONS

2.1 To watch over the implementation of all the political, administrative and military provisions not yet implemented of the "Acordos de Paz para Angola" (Bicesse), and all the provisions of the Lusaka Protocol, in accordance with the understandings in t he areas related to the military, national police, national reconciliation and completion of the electoral process.

2.2 To monitor the implementation of the relevant resolutions of the United Nations Security Council.

2.3 To make the final decision on possible violations. In cases of violations of the agreements, proceed to adopt the necessary steps to establish the identify of the transgressor and make the final decision on addressing the above-mentioned violations.

3. OPERATION

3.1 The Joint Commission shall have its headquarters in Luanda. However, it may hold its meetings, if necessary, in any other part of the territory of Angola.

3.2 The Joint Commission shall establish its own internal regulations.

3.3 The Joint Commission shall take its decisions by consensus.

3.4 The Joint Commission shall take office on the day of the signature of the Lusaka Protocol.

3.5 When the Joint Commission is cognizant that the relevant provisions of the "Acordos de Paz para Angola" (Bicesse) and the Lusaka Protocol have been implemented in full, it shall dissolve itself by a decision taken from within.