ACCORD D'ALVOR SUR L'INDÉPENDANCE DE L'ANGOLA
Date: 15 janvier 1975
La Révolution des Oeillets, qui survient au Portugal en 1974, provoque une redéfinition des relations avec les mouvements de libération de l'Angola, une province portugaise d'outre-mer. À ce moment, un demi million de Portugais vivent en Angola qui compte 5,7 millions d'habitants. Un cessez-le-feu est conclu avec les trois principaux groupes d'opposition - accord d'Alvor - et une Constitution provisoire adoptée en janvier 1975, en attendant l'indépendance fixée pour le 11 novembre 1975.
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The Portuguese state and the Angolan national liberation movements - the National Front for the Liberation of Angola (FNLA), the People's Movement for the Liberation of Angola (MPLA) and the National Union for the Total Independence of Angola (UNITA) - having met at Alvor, in the Algarve, from 10 to 15 January 1975, to negotiate the procedure and the calendar of the access of Angola to independence, have agreed the following:
Chapter I: On the independence of Angola
1. The Portuguese state recognises the liberation movements - National Front for the Liberation of Angola (FNLA), the People's Movement for the Liberation of Angola (MPLA) and the National Union for the Total Independence of Angola (UNITA) - as the sole legitimate representatives of the people of Angola.
2. The Portuguese state solemnly restates its recognition of the right of the people of Angola to independence.
3. Angola forms one indivisible unit, within its present geographical and political boundaries, and in this context Cabinda is an unalienable component part of Angolan territory.
4. The independence and full sovereignty of Angola shall be solemnly proclaimed on 11 November 1975 in Angola by the President of the Portuguese Republic or by a specially appointed representative of the president.
5. Until independence is proclaimed, the power shall be wielded by the High Commissioner and by a transitional government, which shall take office on 31 January 1975.
6. The Portuguese state and the three liberation movements formally affirm, under this agreement, a general ceasefire, already being observed de facto by their armed forces throughout Angolan territory. After this date, any use of force other than as decided by the rightful authorities to prevent internal acts of violence or acts of aggression from outside the country shall be considered to be illicit.
7. After the ceasefire, the armed forces of the FNLA, MPLA and UNITA shall take up positions in the regions and places where they are at present positioned, until such time as the provisions laid down in Chapter IV of this agreement shall be put into practice.
8. The Portuguese state undertakes to transfer progressively, no later than the term of the transitional period, all the powers it enjoys and wields in Angola to the Angolan organs of sovereignty.
9. With the conclusion of this agreement, an amnesty is held to be granted to cover all the effects of the patriotic acts performed in the course of the national liberation struggle in Angola, which would have been considered to be liable to punishment under legislation in force at the time of their performance.
10. The independent state of Angola shall exert its sovereignty fully and freely, both internally and on the international plane.
Chapter II: On the High Commissioner
11. During the transitional period, the President of the Republic and the Portuguese government shall be represented in Angola by the High Commissioner, who shall defend the interests of the Portuguese Republic.
12. The High Commissioner in Angola shall be appointed and released from office by the President of the Portuguese Republic, by whom he shall be sworn in and to whom he is politically responsible.
13. It is for the High Commissioner to:
a. Represent the President of the Republic, ensuring and guaranteeing, in full agreement with the transitional government, the observance of the law;
b. Safeguard and guarantee the physical security of Angolan territory, in close co-operation with the transitional government;
c. Ensure the fulfilment of this agreement and of such others as may come to be made between the liberation movements and the Portuguese state;
d. Guarantee and promote the process of decolonisation of Angola;
e. Ratify all acts which concern, or refer to, the Portuguese state;
f. Attend the meetings of the Council of Ministers, when he thinks fit, where he may participate in their discussions, but without the right to vote;
g. Sign, approve and have published the decree-laws and the decrees drafted by the transitional government;
h. Ensure, together with the presidential committee, the direction of the National Defence Committee, and to direct the foreign policy of Angola during the transitional period, aided in this by the presidential committee.
Chapter III: On the transitional government
14. The transitional government is chaired and directed by the presidential committee.
15. The presidential committee comprises three members, one from each liberation movement, and its main task is to direct and co-ordinate the transitional government.
16. Whenever it thinks fit, the presidential committee may consult the High Commissioner on matters concerning the work of the government.
17. The decisions of the transitional government shall be taken by a majority of two-thirds; the members of the presidential committee shall chair it in turn.
18. The transitional government shall comprise the following ministries: the interior, information, labour and social security, economic affairs, planning and finance, justice, transport and communications, health and social affairs, public works, housing and town planning, education and culture, agriculture, natural resources.
19. The following offices of secretaries of state are hereby instituted:
a. Two in the ministry of the interior;
b. Two in the ministry of information;
c. Two in the ministry of labour and social security;
d. Three in the ministry of economic affairs, to be know respectively as the secretary of state for trade and tourism, the secretary of state for industry and power and the secretary of state for fisheries.
20. The ministers of the transitional government shall be appointed in the same proportion by the FNLA, MPLA and UNITA and by the President of the Republic and shall be sworn in by the High Commissioneer.
21. Bearing in mind the transitional nature of the government, the distribution of the ministries shall be as follows:
a. The President of the Portuguese Republic shall appoint the ministers of economic affairs, of public works, housing and town planning and of transport and communications;
b. The FNLA shall appoint the ministers of the interior, of health and social affairs and of agriculture;
c. The MPLA shall appoint the ministers of information, of planning and finance and of justice;
d. The UNITA shall appoint the ministers of labour and social security, of education and culture and of natural resources.
22. The offices of the secretaries of state provided for in this agreement shall be distributed as follows:
a. The FNLA shall appoint one secretary of state for information, one secretary of state for labour and social security and the secretary of state for trade and tourism;
b. The MPLA shall appoint a secretary of state for the interior, a secretary of state for labour and social security and a secretary of state for industry and power;
c. The UNITA shall appoint a secretary of state for the interior, a secretary of state for information and the secretary of state for fisheries.
23. The transitional government may institute further posts of secretary and under-secretary of state, but in their distribution the rule of political heterogeneity shall be observed.
24. It is for the transitional government to:
a. Further, and co-operate in, the successful management of the process of decolonisation until total independence is reached;
b. Superintend the whole field of public administration, ensuring its functioning and promoting access of Angolan citizens to posts and positions of responsibility;
c. Conduct internal politics;
d. Prepare and guarantee the holding of general elections for the Constituent Assembly of Angola;
e. Perform, through decree-laws, the legislative function and draft decrees, regulatory decrees and instructions for the proper implementation of the laws;
f. Guarantee, in co-operation with the High Commissioner, the safety of persons and property;
g. Carry out the judicial reorganisation of Angola;
h. Define economic, financial and monetary policy and create the structures needed to ensure the rapid development of the economy of Angola;
i. Guarantee and safeguard individual or collective rights and freedoms.
25. The presidential committee and the ministers are jointly responsible for the acts of the government.
26. The transitional government may not be dismissed on the initiative of the High Commissioner; any change in its composition shall be effected by agreement between the High Commissioner and the liberation movements.
27. The High Commissioner and the presidential committee shall seek to solve all the difficulties arising from the work of the government in a spirit of friendship and through reciprocal consultations.
Chapter IV: On the national defence committee
28. A national defence committee is hereby set up, composed as follows:
The High Commissioner;
The presidential committee;
A unified general staff.
29. The High Commissioner shall inform the national defence committee of all matters concerning national defence, both internally and abroad, so as to:
a. Define and carry out the military policy arising from this agreement;
b. Ensure and safeguard the present frontiers of Angola;
c. Guarantee peace and security and public law and order;
d. Promote the safety of persons and property.
30. The decisions of the national defence committee shall be taken by a simple majority; the High Commissioner, who will chair the committee, shall have a vote.
31. A unified general staff is hereby set up, which shall comprise the commanders of the three branches of the Portuguese armed forces in Angola and three commanding officers of the liberation movements.
The unified general staff shall be placed under the direct authority of the High Commissioner.
32. The armed forces belonging to the three liberation movements shall be integrated into the same total number with the Portuguese forces in the mixed military forces, on the following numerical basis:
8000 men belonging to the FNLA;
8000 men belonging to the MPLA;
8000 men belonging to the UNITA;
24000 men belonging to the Portuguese armed forces.
33. The national defence committee shall effect the progressive integration of the armed forces in the mixed military forces specified in the previous article; in principle, the following calendar should be respected:
[*]Between February and May, inclusive, and per month a total of 500 men from each of the liberation movements will be integrated and 1500 men of the Portuguese armed forces.[/*]
[*]Between June and September, inclusive, and per month, a total of 1500 men from each of the liberation movements will be integrated and 4500 men of the Portuguese armed forces.[/*]
34. Such Portuguese armed forces contingents as exceed the quotas laid down in art. 32 shall be evacuated from Angola by 30 April 1975.
35. The evacuation of the contingent of the Portuguese armed forces integrated in the mixed military forces shall begin after 1 October 1975 and shall be completed by 29 February 1976.
36. The national defence committee shall organise mixed police forces to maintain public law and order.
37. The unified police command shall have three members, one from each of the liberation movements, and leadership shall be put in commission, the chair being taken by each member in turn. The force shall be placed under the authority and supervision of the national defence committee.
Chapter V: On refugees and displaced persons
38. Immediately after the swearing-in of the transitional government, mixed equal-representation committees shall be set up, on nominations by the High Commissioner and by the transitional government, to plan and prepare the structures, means and procedure necessary to deal with Angolan refugees. The work of these committees will be supervised by the ministry of health and social affairs.
39. Those persons housed in the « peace villages » may return to their own villages and homes.
The mixed equal-representation committees shall propose to the High Commissioner and to the transitional government social, economic and other measures to ensure a speedy return to normal ways of life of displaced persons and the reintegration of their various forms of activity in the economic life of the country.
Chapter VI: On general elections for the Constituent Assembly of Angola
40. The transitional government shall organise general elections for a constituent assembly within not more than nine months from the date of its installation, that is, 31 January 1975.
41. Candidatures to the constituent assembly shall be put forward exclusively by the liberation movements - FNLA, MPLA and UNITA - as the sole legitimate representatives of the people of Angola.
42. Once the transitional government is installed, a central committee shall be instituted, with equal representation of the liberation movements, to draft the basic law and to prepare the elections to the constituent assembly.
43. When the basic law has been approved by the presidential committee, the central committee shall:
a. Draft the electoral law;
b. Organise lists of voters;
c. Register the lists of candidates for election to the constituent assembly put forward by the liberation movements.
44. The basic law shall remain in force until the constitution of Angola comes into force, but it may not run counter to the terms of this agreement.
Chapter VII: On Angolan nationality
45. The Portuguese state and the three liberation movements - FNLA, MPLA and UNITA - undertake to co-operate to eliminate all the consequences of colonialism. On this topic, the FNLA, the MPLA and the UNITA stress their policy of non-discrimination, according to which the quality of Angolan citizenship is definable by birth in Angola or by domicile therein, always provided that those domiciled in Angola identify themselves with the aspirations of the Angolan nation through a conscious choice.
46. The FNLA, the MPLA and the UNITA hereby undertake to consider as Angolan citizens all individuals born in Angola, provided that they do not declare, on the terms and within the time limits to be laid down, that they wish to maintain their present nationality or to choose another one.
47. Individuals not born in Angola, but settled there, may seek Angolan nationality in accordance with such rules governing Angolan nationality as come to be laid down in the basic law.
48. A mixed committee with equal representation will study special agreements to regulate the forms of concession of Angolan citizenship to Portuguese citizens domiciled in Angola, and the status of Portuguese citizens resident in Angola and of Angolan citizens resident in Portugal.
Chapter VIII: On economic and financial topics
49. The Portuguese state undertakes to regularise with the state of Angola the situation arising from the existence of property belonging to the latter outside Angolan territory, so as to facilitate the transfer of such property, or the equivalent value, to the territory and ownership of Angola.
50. The FNLA, the MPA and the UNITA declare themselves ready to accept the responsibility arising from the financial undertakings assumed by the Portuguese state on behalf of, and relating to, Angola, always provided that they have been assumed in the real interest of the people of Angola.
51. A special mixed equal-representation committee, composed of experts appointed by the provisional government of the Portuguese Republic and by the transitional government of the state of Angola, shall list the property mentioned in art. 49 and the credits referred to in art. 50, shall effect such acts of valuation as it thinks fit and shall put before the two governments such solutions as it holds to be just.
52. The Portuguese state undertakes to provide the committee specified in the previous article with all the information and data at its disposition and which the committee may need in order to reach well thought out conclusions and to propose equitable solutions within the principles of truth, respect for the legitimate rights of each party and the most loyal co-operation.
53. The Portuguese state will aid the state of Angola in setting up a central issuing bank. The Portuguese state undertakes to transfer to the state of Angola the powers, the assets and the debits of the Angolan department of the Bank of Angola, on conditions to be agreed in the mixed committee for financial topics. This committee will also consider all questions related to the Portugal department of the same bank, proposing just solutions to the extent that they concern and affect Angola.
54. The FNLA, MPLA and UNITA undertake to respect the property and the legitimate interests of the Portuguese citizens domiciled in Angola.
Chapter IX: On co-operation between Angola and Portugal
55. The Portuguese government on the one hand, and the liberation movements on the other, agree to set up between Portugal and Angola links of constructive, lasting co-operation in all fields, specifically in the cultural, technical, scientific, economic, commercial, monetary, financial and military spheres, on the basis of independence, equality, freedom, mutual respect and reciprocity of interests.
Chapter X: On mixed commissions
56. Technical mixed equal-representation committees will be set up by the High Commissioner,in agreement with the presidential committee, to research and propose solutions for problems arising from decolonisation and to lay down the foundations of active co-operation between Portugal and Angola, especially in the following spheres:
a. Cultural, technical and scientific;
b. Economic and commercial;
c. Monetary and financial;
e. The acquisition of Angolan nationality by Portuguese citizens.
57. The committees mentioned in the previous article shall carry out their work and negotiations in a climate of constructive co-operation and loyal spirit of compromise. Their conclusions shall be put as quickly as possible before the High Commissioner and the presidential committee for their consideration and for the drafting of agreements between Portugal and Angola.
Chapter XI: General provisions
58. Any questions arising as to the interpretation and application of this agreement which cannot be solved on the terms of art. 27 above shall be settled by negotiation between the Portuguese government and the liberation movements.
59. The Portuguese state, the FNLA, MPLA and UNITA, true to the social and political ideals repeatedly stated by their leaders, reaffirm their respect for the principles enshrined in the Charter of the United Nations and in the Universal Declaration of Human Rights, and also actively repudiate all forms of social discrimination, especially apartheid.
60. The present agreement shall come into force immediately after it has been approved by the President of the Portuguese Republic.
The delegations of the Portuguese government, the FNLA, MPLA and UNITA stress the climate of perfect co-operation and cordiality in which the negotiations took place and feel great satisfaction at reaching this agreement, which will meet the just aspirations of the Angolan people and of which the Portuguese people are rightly proud; henceforth they will be linked by ties of profound friendship and common desire for constructive co-operation for the progress of Angola, of Portugal, of Africa and of the world as a whole.