Annex 6:

AGENDA ITEM II.4: NATIONAL RECONCILIATION

I. GENERAL PRINCIPLES

1. The serious crisis prevailing in the country requires a comprehensive solution that would lead to the coming together once again of Angolans to live together peacefully in the same Fatherland and in a spirit of cooperation, in the pursuit of the common good.

All human endeavors in the political, economic, social and cultural fields should reflect the great objective of National Reconciliation in order to build an Angolan society marked by progress and tolerance.

2. National Reconciliation, today a national imperative, is the expression of the people's will which is translated unequivocally by the political will of the Government of the Republic of Angola and UNITA to live together within the Angolan constitutiona l, political and legal framework, reaffirming particularly their respect for the principles of accepting the will of the people expressed through free and fair elections and the right to opposition.

3. National Reconciliation has as its objective, inter alia, the re-establishment of a just and lasting peace in Angola and to make it possible, in strict respect for the legislation in force and by respecting the relevant provisions of the Bicesse Accord s and the Lusaka Protocol, for all Angolans to participate in the promotion of a social climate of tolerance, fraternity and mutual trust.

4. National Reconciliation implies:

 

• The acceptance by all Angolans, irrespective of party or religious affiliation and racial or ethnic differences, to live in the same Fatherland with a spirit of fraternity and tolerance;
• The respect for the principles of the rule of law, for the fundamental human rights and freedoms as defined by the national legislation in force and by the various legal international instruments to which Angola is a party, including the relevant prov isions of the Bicesse Accords and the Lusaka Protocol;
• That, in the pursuit of national interest, UNITA members participate adequately at all levels and in the various institutions of political, administrative and economic activity.
• That, in accordance with Article 54(d) and (e) and Article 89(c) and (d) of the Constitutional Law of the Republic of Angola, the administration of the country be effectively decentralized and deconcentrated;
• Condemnation of the use of violence as a means of settling disputes or conflicts between the various forces constituting Angolan society; such issues should be settled peacefully;
• The use of the mass media to help pacify minds in support of the process of coexistence, national reconciliation and the consolidation of the democratic process, under the terms of Article 35 of the Constitutional Law, respecting the relevant provisio ns of the Bicesse Accords and the Lusaka Protocol.

5. In the spirit of National Reconciliation, all Angolans should forgive and forget the offenses resulting from the Angolan conflict and face the future with tolerance and confidence. Furthermore, the competent institutions will grant an amnesty, in acco rdance with Article 88(h) of the Constitutional Law, for illegal acts committed by anyone prior to the signing of the Lusaka Protocol, in the context of the current conflict.

II. SPECIFIC PRINCIPLES

1. In order to promote, within the Angolan society, the spirit of tolerance, coexistence and trust mentioned in the general principles, the Government of the Republic of Angola and UNITA shall conduct an adequate campaign to sensitize Angolan and internat ional public opinion.

2. Within the framework of National Reconciliation, the security of citizens, without distinction, the freedoms of speech, professional association and organization of unions, as well as press freedom, provided for and enshrined respectively in Articles 3 2, 33 and 35 of the Constitutional Law, are guaranteed in accordance with the legislation in force, the Lusaka Protocol and the universal principles of the rule of law.

3. Given the importance of the mass media sector for improving the climate of tolerance and mutual trust necessary for National Reconciliation, the right of access to State Press, Radio and Television is guaranteed to political parties provided the legisl ation in force, the Lusaka Protocol and the universal principles of the rule of law are complied with.

4. VORGAN, UNITA's shortwave radio station, in the interests of National Reconciliation, shall continue, exceptionally, to broadcast in the context of the awareness campaign referred to in paragraph 1 of the Specific Principles, until D-Day + 9 months. B y that date and in accordance with the relevant legislation in force (Laws 22/91 of 15 June and 9/92 of 16 April), the process of transformation of the status of VORGAN into a nonpartisan radio station broadcasting on the appropriate frequencies allocated to it shall have been completed.

5. Within the framework of National Reconciliation and without prejudice to the principle of national unity, the concretization of decentralization and administrative deconcentration, as stipulated in Paragraph 4(d) of the General Principles, shall be ca rried out.

The provincial authorities have their own powers in the fields of administration, finance, taxation and economy, including the capacity to attract foreign investment, under the terms of the legislation in force and in conformity with the Lusaka Protocol a nd the fundamental principles of the rule of law.

In accordance with the law and in conformity with the provisions of para. 5 of the Specific Principles of the Annex to the Lusaka Protocol related to the Police, the responsibilities of the Police at the level of the province, in matters of administration , coordination and supervision of the activities of all its organs and services, particularly in the maintenance of Public Order, are incumbent on the Provincial Commands.

Office holders of local government organs shall be elected in accordance with the legislation to be passed under the provisions of Article 89(c) of the Constitutional Law.

6. In addition to the status specific in Article 77(2) of the Constitutional Law and taking into account his position as President of the largest opposition party, the President of UNITA shall be guaranteed a special status.

7. In the context of national reconciliation, all the first 70 deputies elected on the lists of UNITA candidates in the September 1992 legislative elections shall, except in the cases provided for under article 165(3) of Law 5/92 of 16 April, be installed in their functions in the National Assembly.

The vacancies existing under the terms of article 165(3) of Law 5/92 of 16 April shall be filled in accordance with the law.

The first 70 deputies elected on the lists of UNITA candidates, all those who have already assumed their functions and those who have not yet done so, shall constitute the UNITA parliamentary group.

The deputies of the UNITA parliamentary group designated by the party leadership and appointed to functions not compatible with their parliamentary duties shall be replaced in accordance with articles 168 and 169 of Law 5/92 of 16 April.

All the deputies in the National Assembly shall enjoy the rights, freedoms, guarantees, immunities and privileges provided for by the law.

8. An appropriate security, to be agreed between the Government and UNITA, shall also be guaranteed, as necessary, under the terms of the law and the relevant provisions of the Lusaka Protocol, to high-ranking leaders of UNITA who do not enjoy any other s pecial security status by virtue of their posts.

9. Within the framework of National Reconciliation, the cases of Angolans prevented from exercising their labor rights by circumstances prevailing prior to the signing of the Lusaka Protocol shall be duly considered by the competent State institutions.

10. In order to cement National Reconciliation, the principle of the participation of UNITA members, including those professionally qualified to carry out public administration functions, namely teachers, health workers and technical staff, at the various levels of administrative and economic activity of the State, including the mass media and public enterprise sectors, shall be implemented through their incorporation, as far as possible, taking into consideration their technical and professional skills a nd the provisions of the law and of the Lusaka Protocol.

11. In order to consolidate the process of National Reconciliation in the country, social welfare and social reintegration programs shall be implemented throughout the national territory.

12. In order to reinforce National Reconciliation and to stimulate and expand economic development throughout the national territory, all Angolans are encouraged and supported by the Government of the Republic of Angola, inter alia, through the National E ntrepreneurial Support Fund, in the establishment of private enterprises in the various sectors of economic activity (agriculture, industry, trade and services) on the basis of equal opportunity.

13. As soon as the United Nations, within the framework of its new mandate, certifies that the requisite conditions referred to in the modalities have been fulfilled, the State administration shall be exercised.

14. Within the context of the preceding paragraph, the Government shall undertake the management of all State property in the conditions in which it is found.

15. All property belonging to UNITA shall be returned to UNITA in the conditions in which it is found.

16. The UNITA leaders installed in office in the various political, military and administrative structures of the State shall enjoy the privileges and benefits attached to their office, as prescribed by the legislation in force.

Within the framework of National Reconciliation, UNITA shall be allocated, on the basis of existing possibilities and through close cooperation between the two sides in the planning and implementation of the program, adequate party facilities and appropri ate residences for its leaders, as follows:

 

• 76 residences for the members of the Political Committee;
• 11 residences for the National Secretaries;
• 1 residence per Province and 1 party facility per Province, for the Provincial Secretaries and Secretariats;
• 1 party facility for the central headquarters in Luanda.

17. Within the framework of National Reconciliation and in conformity with the provisions of Article 120(3) of the Constitutional Law, the fundamental rights and freedoms of the citizen are guaranteed through the independence of the judiciary.

18. Within the context of National Reconciliation, the revision of the symbols of the Republic of Angola is considered important within the framework of the competent institutions.

III. MODALITIES

1. In application of the relevant provisions of art. 4(c) of the general principles of National Reconciliation above, the concrete modalities of participation by UNITA in the various posts in the Government, State administration and diplomatic missions ab road, as agreed between the Government and UNITA and which appear in a document which is an integral part of the annex of the Lusaka Protocol relating to National Reconciliation, shall be specific in a letter to be written by the Angolan authorities to th e leaders of that party.

2. The practical implementation of the status referred to in para. 6 of the specific principles of National Reconciliation above shall have no legal effect, unless there is agreement to the contrary on the matter between the Government and UNITA.

3. The details of the special security status which shall be guaranteed, as necessary, to the leaders of UNITA who do not enjoy any other special security status by virtue of their posts, are contained in a document agreed between the Government and UNITA , which is an integral part of the annex to the Lusaka Protocol relating to National Reconciliation.

4. The awareness campaign to sensitize domestic and international public opinion, referred to in para. 1 of the specific principles relating to National Reconciliation above, shall start on the day on which the Lusaka Protocol is initialled.

5. On the day on which the Lusaka Protocol is initialled, the Government and the leadership of UNITA shall each issue a statement on the importance and meaning of pardon and amnesty, as referred to in para. 5 of the general principles relating to National Reconciliation above.

6. In application of the provisions of para. 1 of the modalities of National Reconciliation above and following the consultations between the Government and UNITA, the latter shall submit to the Angolan authorities a list with multiple names for each post in the Government, State administration and diplomatic missions abroad, by D-Day + 45.

The above-mentioned lists shall be accompanied by the "curriculum vitae" of the persons on the above lists.

7. After the movement of UNITA military forces from the areas where they are located to the quartering areas, conducted in accordance with para. 3 of the specific principles relating to Agenda item II(1)(b), and after the United Nations has certified that the requisite conditions are fulfilled, including those relating to the security of persons and property, the State administration shall be normalized in these areas.

In this context, the participation of UNITA members in the various sectors of public administration shall take place, as agreed, under the terms of para. 10 of the specific principles relating to National Reconciliation above.

Where applicable, the appointment of members of UNITA to positions in the administration at the provincial, municipal and communal levels shall be brought forward through agreement between the Government and UNITA, if the requisite conditions are certifie d as fulfilled for the purpose.

8. In application of the provisions of para. 4(c) of the general principles relating to National Reconciliation above, members of UNITA appointed to exercise functions in the Central Government and diplomatic missions abroad, the deputies referred to in p ara. 7 of the specific principles relating to National Reconciliation above, and the UNITA members who will take up posts in the senior ranks of the National Police, shall assume their functions, at the latest, immediately following the completion of the procedures referred to in para. 3 of the specific principles relating to agenda item II(1)(b).

In any of these cases, if the requisite conditions are certified as fulfilled for the purpose, implementation of the preceding provisions of the present para. 8 of the modalities of National Reconciliation shall be brought forward through agreement betwee n the Government and UNITA.

9. The replacement of any holder of the offices allocated to UNITA at all levels of State administration, during the period that the Lusaka Protocol remains in force, shall be effected in accordance with the provisions of the Protocol.

10. For purposes of implementation of art. 16 of the specific principles relating to National Reconciliation above, UNITA shall address a letter to the Government, by D-Day + 45, containing the names and the respective posts of its leaders.

11. The period for the promulgation of the Law of Amnesty shall be specified in the timetable of the Lusaka Protocol.