ANNEX 5:

AGENDA ITEM II.2: THE POLICE

I. GENERAL PRINCIPLES

1. The Angolan National Police is the organ of the Angolan State Administration responsible for the maintenance of public order and the defense of the interests, integrity and security of all persons in Angola, irrespective of their nationality, place of birth, race, religion, social origin or political party affiliation.

2. The Angolan National Police is governed by the legislation in force, in compliance with the relevant provisions of the Bicesse Accords and the Lusaka Protocol. It discharges its tasks in accordance with the aforesaid instruments and within the letter and spirit of democratic principles and internationally recognized human rights, such as the Universal Declaration of Human Rights.

3. The Angolan National Police is a corporate body which, taking into consideration the principles of administrative decentralization, exercises its authority over the whole country at the national, provincial, municipal and communal levels. The activities of the Angolan National Police are carried out within the limits authorized by the legislation in force, respecting the relevant provisions of the Bicesse Accords and the Lusaka Protocol, in strict compliance with the principles of the rule of law and of fundamental freedoms. Except in the specific cases provided for by law, its activities cannot be redirected in any event towards impeding or restricting the exercise by citizens of their political rights of favoring any political party whatsoever. Under the law, the Angolan National Police shall be held responsible for any violation of these principles, without prejudice to any action for criminal or civil liability of any individual member of the police force brought before the relevant Angolan judicial authorities.

4. Members of the Angolan National Police shall be given an appropriate professional training and their equipment shall be adapted to their functions, that is maintenance of public order and security.

5. The Angolan National Police shall be an instrument for reinforcing national reconciliation. In this spirit, it shall be a nonpartisan institution in which, within the framework of the Bicesse Accords and the Lusaka Protocol, a significant number of UNITA members shall be incorporated.

II. SPECIFIC PRINCIPLES

1. The activities of the Angolan National Police, placed under the legitimate authority, shall be verified and monitored by the United Nations, within the framework of its new mandate, in order to guarantee its neutrality.

2. The functions of the Angolan National Police, except as provided for under the law, include guaranteeing the normal operation of the democratic institutions and the regular exercise of fundamental rights and freedoms. In this context, any individual suspected of having committed illegal acts and placed under preventive detention by the police shall, in strict compliance with the law, be taken to court.

3. The Angolan National Police functioning under the Ministry of Home Affairs is organically and functionally independent of FAA. The demobilized military personnel to be incorporated into the Angolan National Police shall be subject to the statute of the Angolan National Police, and thereby all their former statutory military and political party connections shall cease.

4. Members of UNITA shall be incorporated into the Angolan National Police at all levels and in all branches, including the command and service organs provided for in the organic statute of the Angolan National Police.

5. Under the terms of the legislation in force, namely the relevant provisions of the Constitutional Law and Decree no. 20/93 of 11 June, and in application of the principles of administrative decentralization to the Angolan National Police, the responsibility for the management, coordination and monitoring of the activities of all its organs and services at the provincial level falls on the provincial commands.

6. The Rapid Reaction Police is one of the organs of the Angolan National Police prepared to be used in compliance with the legislation in force and the relevant provisions of the Bicesse Accords and the Lusaka Protocol, for the maintenance and restoration of order, controlling situations of concerted violence, fighting violent and organized crime, protecting strategic installations and providing security for important personalities.

7. Any action by the Rapid Reaction Police shall be carried out in compliance with the principle of legality and at the request of the competent political and administrative authorities.

8. The Rapid Reaction Police shall act in circumstances in which other specialized organs of the Angolan National Police find it technically impossible to act in conformity with paragraph 6 above.

9. Once public order has been restored under the terms of paragraph 6, the units of the Rapid Reaction Police shall return to their installations.

10. The quartering of the Rapid Reaction Police and the adaptation of its armament and equipment to the nature of its mission shall be carried out under United Nations verification and monitoring.

11. The Rapid Reaction Police shall be stationed only at strategic locations in the country.
12. The existence of any other surveillance or policing organ not expressly provided for under the legislation in force or by the relevant provisions of the Bicesse Accords and the Lusaka Protocol is forbidden.

III. MODALITIES

1. The participation of members of UNITA in the Angolan National Police shall be on the following basis (5,500):

(a) 180 officers
(b) 550 sergeants
(c) 4,770 policemen

2. The numbers stated under paragraph 1 above include the personnel to be incorporated into the Rapid Reaction Police on the following basis (1,200):

(a) 40 officers
(b) 120 sergeants
(c) 1,040 policemen

3. The timetable as well as the identification of the quartering areas for the Rapid Reaction Police shall be established on D-Day + 10 by the United Nations and the Government in the presence of UNITA and the Representatives of the observer States, with the understanding that UNITA shall have the possibility of expressing to the United Nations all its views on all matters under discussion.
The formalization of the participation of the members of UNITA in the Angolan National Police and the Rapid Reaction Police shall be made during the same meeting of D-Day + 10, with the participation of the Government, UNITA, the United Nations and the Representatives of the observer States.

4. The process of selection and incorporation of the demobilized members of UNITA military forces into the ranks of the Angolan National Police shall begin after the completion of the quartering of all UNITA military forces.

5. All members—officers, sergeants and policemen—of the Rapid Reaction Police shall undergo basic training and specific courses adapted to their mission.