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ANNEX 7:

AGENDA ITEM II.5: COMPLETION OF THE ELECTORAL PROCESS

I. GENERAL PRINCIPLES

1. As in every democratic and multiparty society, the participation of all citizens in the definition of the national political, social and economic guidelines and options, as well as in the free choice of the country's leaders, is guaranteed by respect f or the principle of the expression of the people's will in periodic, free and fair elections and acceptance of their results.

2. The Angolan electoral process, initiated with the elections provided for in the "Acordos de Paz para Angola" (Bicesse), remains to be concluded because of the postelectoral crisis. Under the terms of article 147(3) of Law 5/92, of 16 April 1992, the e lectoral process should be concluded with the holding of the second round of the presidential elections.

3. The second round of the presidential elections shall take place after the United Nations, within the framework of its new mandate, and having heard the views of the organ to succeed the CCPM and the advisory opinions considered necessary, declares that all the requisite conditions for the purpose, including political and material conditions, have been fulfilled.

4. Under the terms of articles 8 and 12 of Law 5/92, of 16 April 1992, the second round of the presidential elections will be organized by the competent Angolan State institutions, including the National Electoral Council, with the appropriate support, ve rification and monitoring of the United Nations, as well as the participation of international observers.

II. SPECIFIC PRINCIPLES

1. The second round of the presidential elections shall take place in accordance with the relevant provisions of the legislation in force, namely Laws 5/92 and 6/92 of 16 April 1992, with the amendments considered necessary introduced by the National Asse mbly, as well as with the relevant provisions of the "Acordos de Paz para Angola" (Bicesse) and of the Lusaka Protocol.
The above-mentioned amendments shall follow the legislative procedure.

2. Control of the conduct of the second round of the presidential elections shall be exercised, within the framework of the organs provided for under Law 5/92 of 16 April 1992, by, among others, the representatives and candidate agents of the candidates i n these elections.

3. The second round of the presidential elections shall take place within a period of time to be determined by the National Assembly after the United Nations has declared that the requisite conditions for this purpose have been fulfilled. The date for th e second round of the presidential elections shall be established, within the period fixed by the National Assembly, in accordance with the provisions of article 159 of Law 5/92 of 16 April 1992.

4. The requisite conditions for the holding of the second round of the presidential elections to be certified by the United Nations shall be, among others, the following:

 

  • Guarantees of safety, free circulation of persons and goods and public freedoms throughout the national territory;
  • Effective guarantee of the functioning of the State Administration and of the normalization of national life throughout the national territory, including the rehabilitation of communication routes and the resettlement of displaced persons.

5. During the process of holding the second round of the presidential elections, equity in the utilization of all State resources, including financial resources, shall be guaranteed in accordance with the legislation in force, including the relevant provi sion of Laws 5/92 and 8/92 of 16 April 1992. Support for electoral campaigns by private means, as well as the treatment of candidates by private organizations, shall be in accordance with the relevant provisions of Law 5/92 of 16 April 1992.

6. The Polling Station Officers, with the indispensable cooperation of the candidate agents of participating candidates, shall act as faithful custodians of all electoral material of the Polling Station and shall be afforded protection by the National Pol ice and verification and monitoring by the United Nations. The ballot boxes shall not be removed from the polling locations until the votes have been counted and the final results established by the Polling Station.

7. Notwithstanding the inalienable freedom of the press, publication of the election results by the mass media as well as any statistical projections of the outcome of the final determination of the results, shall be in accordance with the provisions of t he law.

8. 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, the United Nations shall issue a statement regarding the free and fair nature of the elec tions.

III. MODALITIES

1. Within the framework of its new mandate and in order to ensure the smooth conduct of the second round of the presidential elections, the human and material resources of the United Nations shall be adapted to its mission of support, verification and mon itoring.

2. The United Nations shall certify by a formal declaration, after consulting the organ which succeeds the CCPM, the fulfillment of all the indispensable requirements and all the requisite conditions for the holding of the second round of the presidential elections, especially those arising out of the fulfillment of all the obligations under the Lusaka Protocol.

3. All organs and institutions involved in the organization of the second round of the presidential elections, specifically the National Electoral Council, shall make the indispensable preparations within the requisite time schedules.

4. The design, manufacture, receipt and storage of voting material shall take place within the appropriate time schedules, in accordance with the law and under the direction of the National Electoral Council, with the support, verification and monitoring of the United Nations.

5. The preparation of the electoral registration rolls through the registration of voters, as well as the publication through posters and notices of the lists of registered voters taken therefrom, shall take place within the appropriate time schedules, un der the direction of the National Electoral Council, with the support, verification and monitoring of the United Nations, which shall take these matters into account for the purposes provided for in paragraph 3 of the specific principles.

6. A civic education campaign of voters on the objectives of the second round of the presidential elections, the electoral process and the manner of casting the votes shall be conducted within the requisite time schedules and through the appropriate means .


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