Draft Peace Argeement
The Perspective
Atlanta, Georgia
July 23, 2003
REV 4
D R A F T
COMPREHENSIVE PEACE AGREEMENT
BETWEEN
THE GOVERNMENT OF LIBERIA
AND
THE LIBERIANS UNITED FOR RECONCILIATION
AND DEMOCRACY IN LIBERIA (LURD)
AND
THE MOVEMENT FOR DEMOCRACY IN LIBERIA (MODEL)
AND
POLITICAL PARTIES
ACCRA ….. JULY, 2003
PEACE AGREEMENT BETWEEN THE GOVERNMENT OF LIBERIA, THE LIBERIANS
UNITED FOR RECONCILIATION AND DEMOCRACY IN LIBERIA (LURD), THE MOVEMENT
FOR DEMOCRACY IN LIBERIA (MODEL)
AND THE POLITICAL PARTIES
ACCRA, GHANA, JULY 2003
WE, THE GOVERNMENT OF THE REPUBLIC OF LIBERIA, THE LIBERIANS UNITED FOR RECONCILIATION
AND DEMOCRACY IN LIBERIA (LURD), THE MOVEMENT FOR DEMOCRACY IN LIBERIA (MODEL)
AND THE POLITICAL PARTIES.
Having met in Akosombo and Accra, Ghana, from 4 June, 2003 to ……July 2003, to seek a negotiated settlement of the crisis in Liberia, within the framework of the ECOWAS Peace Process for Liberia under the auspices of the current Chairman of ECOWAS and the mediation of General Abdulsalami Abubakar, former Head of State of Nigeria;
Gravely concerned about the current civil war that has engulfed our country leading to loss of innumerable lives, wanton destruction of our infrastructure and properties and massive displacement of our people;
Recalling earlier initiatives undertaken by the Member States
of ECOWAS and the International Community, aimed at bringing about a negotiated
settlement of the conflict in Liberia;
Moved by the imperative need to respond to the ardent desire of the people
of Liberia for genuine lasting peace, national unity and reconciliation;
Reaffirming the objective of promoting better relations among ourselves by ensuring a stable political environment in which our people can live in freedom under the law and in true and lasting peace, free from any threat against their security;
Determined to concert our efforts to promote democracy in the sub-region on the basis of political pluralism and respect for fundamental human rights as embodied in the universally-recognised international instruments on human rights, the African Charter on Human and Peoples Right and in the Constitution of the Republic of Liberia;
Guided by the principles of democratic practice, good governance and respect for the rule of law enunciated in the ECOWAS Declaration on Political Principles of 1991 and the ECOWAS Protocol on Democracy and Good Governance adopted in 2001;
Committed to promoting an all inclusive participation in governance and the advancement of democracy in Liberia, as well as promoting full respect for humanitarian laws and human rights;
Concerned about the socio-economic well being of the people
of Liberia;
Determined to foster mutual trust and confidence amongst ourselves and establish
mechanisms which will facilitate genuine healing and reconciliation amongst
Liberians;
Also Determined to establish sustainable peace and security, and pledging forthwith to settle all past, present and future differences by peaceful and legal means and to refrain from the threat of, or use of force;
Recognising that the Liberian crisis also has external dimensions that call for good neighbourliness in order to have durable peace and stability in the Mano River Union States and in the sub-region;
Re-committing ourselves to the scrupulous observance of the Ceasefire and Cessation of Hostilities Agreement signed at Accra, Ghana on 17th June, 2003, and appended as Annex I to the present Peace Agreement;
Re-calling the establishment in 2002, of an International Contact Group on Liberia to support the efforts of ECOWAS in bringing durable peace to Liberia;
Committed to the establishment of an orderly transition process,
to prevent the outbreak of future civil conflict in Liberia and the consequences
of conflicts;
Desirous of seeking international assistance and support in restoring peace
and stability to Liberia;
HEREBY AGREE AS FOLLOWS:
PART ONE
ARTICLE I
DEFINITIONS
For the purpose of this Agreement:
“AU” means the African Union;
“Ceasefire Agreement” means the Ceasefire and Cessation of Hostilities Agreement signed by the GOL, the LURD and the MODEL on 17th June 2003;
“CMC” means the Contracts and Monopolies Commission;
“ECOWAS” means the Economic Community of West African States;
“EU” means the European Union;
“GOL” means the present Government of Liberia;
“GRC” means the Governance Reform Commission;
“ICGL” means the International Contact Group on Liberia;
“ICRC” means the International Committee of the Red Cross;
“INCHR” means Independent National Commission on Human Rights established under Article XII of this Agreement;
“Interposition Force” represents elements of the ISF that will deploy in Liberia pending the full deployment of the ISF;
“ISF” means the International Stabilisation Force established under paragraph 7 of the Ceasefire Agreement;
“JMC” means The Joint Monitoring Committee established under paragraph 6 of the Ceasefire Agreement;
“JVT” means the Joint Verification Team established under paragraph 3 of the Ceasefire Agreement;
“LNP” means the Liberian National Police;
“LURD” means Liberians United for Reconciliation and Democracy;
“MODEL” means Movement for Democracy in Liberia;
“NCDDR” means the National Commission for Disarmament, Demobilization and Reintegration established under Article VI of this Agreement;
“NEC” means the National Electoral Commission;
“NTGL” means the National Transitional Government of Liberia;
“NTLA” means National Transitional Legislative Assembly
“Parties” means the Parties to this Agreement;
“The Agreement” means this Comprehensive Peace Agreement;
Article XIII of this Agreement;
“Transitional President” means the Head of the NTGL;
“Transitional Vice President” means the Vice President of the NTGL;
“TRC” means Truth and Reconciliation Commission established under Article XIII of this Agreement;
“UN” means the United Nations;
“UNICEF” means United Nations International, Children
and Education Fund
PART TWO
CESSATION OF HOSTILITIES
ARTICLE II
CEASEFIRE
The armed conflict between the present Government of Liberia (GOL), the Liberians United for Reconciliation and Democracy (LURD) and the Movement for Democracy in Liberia (MODEL) is hereby ended with immediate effect. Accordingly, all the Parties to the Ceasefire Agreement shall ensure that the ceasefire established at 0001 hours on 18th June, 2003, results in the observation of a total and permanent cessation of hostilities forthwith.
ARTICLE III
CEASEFIRE MONITORING
1. The Joint Monitoring Committee (JMC) established under the terms of the Ceasefire Agreement, shall continue to supervise and monitor the implementation of the Ceasefire Agreement.
2. Prior to the full deployment of the International Stabilisation Force, a representative of ECOWAS shall chair the JMC.
3. The mandate of the JMC shall be to:
a. Monitor and verify the disengagement of forces, including the investigation of any ceasefire violations.
b. Verify information, data and activities relating to military forces of the Parties and coordinate all military movements.
c. Monitor and verify the redeployment of forces to cantonment sites.
d. Work out mechanisms for disarming combatants.
e. Facilitate respect by the Parties for the definitive cessation of hostilities and all other aspects of the Ceasefire Agreement.
f. Ensure the security of senior political and military leaders.
g. Also ensure the security of all personnel and experts involved in the implementation of this Agreement in collaboration with all parties.
h. Monitor the storage of arms, munitions and equipment, including supervising the collection, storage and custody of battlefield or offensive armament in the hands of combatants.
i. Resolve disputes concerning implementation of the Ceasefire Agreement, including the investigation of any alleged violation and also recommend remedial action for confirmed ceasefire violations.
4. a. The Parties commit themselves to providing the JMC with
any relevant information on the organisation, equipment and locations of their
forces, and such information will be kept confidential.
b. The JMC shall be answerable to the Commander of the
International Stabilisation Force following its deployment.
ARTICLE IV
INTERNATIONAL STABILIZATION FORCE
1. The GOL, the LURD and the MODEL agree on the need for the deployment of an International Stabilization Force in Liberia. Accordingly, the Parties hereby request the United Nations in collaboration with ECOWAS, the AU and the ICGL to facilitate, constitute, and deploy an international Chapter VII force in the Republic of Liberia to ensure implementation of the Ceasefire Agreement as well as other security aspects of this Agreement.
2. The International Stabilization Force shall have the following mandate:
a. Coordinate with the JMC/ECOWAS in the implementation of this Agreement.
b. Observe and monitor the ceasefire.
c. Investigate violations of the security aspects of this Agreement and take necessary measures to ensure compliance.
d. Monitor disengagement and cantonment of forces of the Parties and provide security at disarmament/cantonment sites.
e. Collect weapons at disarmament sites and ensure that the weapons so collected are properly accounted for and adequately secured.
f. Assist in coordination and protection of humanitarian assistance to displaced persons, refugees, and other affected persons.
g. Facilitate provision and maintenance of humanitarian assistance and protect displaced persons, refugees and other affected persons.
h. Verify all information, data and activities relating to the military forces of the Parties.
i. Monitor maintenance of law and order as performed by Liberian National Police and prepare or coordinate training plans for the new national police.
j. Along with the International Contact Group on Liberia, provide advice and support to the Transitional Government on the formation of the new Liberian military;
k. Assist with security for elections.
l. Provide security for all and special protection when necessary.
3. Units of the International Stabilisation Force shall be selected from countries acceptable to all the Parties to the Ceasefire Agreement.
4. A deployment of an Interposition Force to Liberia shall precede the full deployment of the ISF in order to secure the ceasefire, create a zone of separation between the belligerent forces and thus provide a safe corridor for the delivery of humanitarian assistance and free movement of persons and goods.
5. The Parties to this Agreement call on the ISF to remain in place until otherwise determined by the UN Security Council and the elected Government of Liberia.
ARTICLE V
DISENGAGEMENT
1. Disengagement of forces shall mean the immediate breaking of tactical contact between opposing military forces of the Parties at places where they are in direct contact or within range of direct fire weapons. This action shall occur by …
2. Immediate disengagement at the initiative of all military units shall be limited to the effective range of direct fire weapons. Further disengagement to pull all weapons out of range shall be conducted under the guidance of the JMC. The Parties agree to remain in their disengagement positions until the conclusion of cantonment plans by the JMC. The Parties are also responsible for armed groups operating within their territories.
3. Where immediate disengagement is not possible, a framework and sequence
of disengagement is to be agreed by all Parties through the Joint Military
Commission, the UN and the AU.
4. Wherever disengagement by movement is impossible or impractical, alternative solutions requiring that weapons are rendered safe shall be designed by the JMC.
PART THREE
ARTICLE VI
CANTONMENT, DISARMAMENT, DEMOBILIZATION
AND REINTEGRATION (DDR)
1. The Parties commit themselves to ensuring the efficient implementation of a national process of cantonment, disarmament, demobilization and reintegration.
2. The International Stabilization Force will conduct the disarmament of all combatants of the Parties including paramilitary groups, but not including the Armed Forces of Liberia.
3. Following disengagement, all forces shall withdraw from combat positions to cantonment locations in accordance with the withdrawal and cantonment plan to be published by the JMC no later than ….. and commencing no later than …….. The current Armed Forces of Liberia shall be confined to the barracks, their arms placed in armouries and their ammunition in storage bunkers.
4. All arms and ammunition shall be placed under constant surveillance by the International Stabilization Force.
5. The JMC shall verify the reported data and information provided by the GOL, the LURD and the MODEL about their forces. All forces shall be restricted to the declared and recorded locations and all movements shall be authorized by the JMC and the International Stabilization Force.
6. All Combatants shall remain in the declared and recorded locations until they proceed to reintegration activities or training for entry into the restructured Liberian armed forces or into civilian life.
7. The International Stabilization Force will deploy to all
disarmament and demobilization locations in order to monitor the
process.
8. There shall be an interdisciplinary and interdepartmental National Commission for Disarmament, Demobilization and Reintegration to coordinate DDR activities (NCDDR).
9. The NCDDR shall have the function of generally overseeing
and
co-ordinating the disarmament, demobilization and reintegration of combatants,
working closely with the International Stabilization Force and all relevant
international and Liberian institutions and agencies.
10. Upon the signing of the present Agreement, a Transitional Government to be established in Liberia shall immediately request the International Community to help in the implementation of the Cantonment, Disarmament, Demobilization and Reintegration program by providing adequate financial and technical resources required for enhancing the existing disarmament, demobilization and reintegration program.
PART FOUR
SECURITY SECTOR REFORM
ARTICLE VII
DISBANDMENT OF IRREGULAR FORCES AND REFORM AND
RESTRUCTURING OF THE LIBERIAN ARMED FORCES
1a. The Parties agree that all Irregular forces shall be disbanded within
………. Months from the signing of this Agreement.
b. There will be a restructured Armed Forces of Liberia drawn from the ranks of the present GOL forces, the LURD and the MODEL combatants, as well as from civilians with appropriate background and experience. The Parties request that the International Stabilisation Force and ICGL provide an advisory staff, equipment, logistics and experienced trainers for the security reform effort. The Parties request that the United States of America play a lead role in organising this restructuring program.
2. The following Principles shall be taken into account in the formation of the restructured Liberian Armed Forces:
a. The Mission of the Armed Forces of Liberia will be to defend the national sovereignty and in extremis, respond to natural disasters.
b. The restructured force shall take into account the country’s national balance. It shall be composed without any political bias to ensure that it represents the national character of Liberia.
c. Incoming service personnel shall be screened with respect to educational, professional, medical and fitness qualifications as well as prior history with regard to human rights abuses.
d. All Parties shall cooperate with the International Stabilisation Force and the ICGL.
e. The funding for salaries and daily operations shall be provided.
3. All Parties together will organise Information, Education and Communication (IEC) programs to sensitise the Liberian public as to the mission and activities of the restructuring plan.
ARTICLE VIII
RESTRUCTURING OF THE LIBERIAN NATIONAL POLICE (LNP)
AND OTHER SECURITY UNITS
1. There will be an immediate restructuring of the National Police Force. The restructured Police Force will adopt a professional orientation that emphasizes democratic values and respect for human rights, a non partisan approach to duty and the avoidance of corrupt practices.
2. The Special Security Units including the Anti-Terrorist Unit
and
the Special Operations Division of the Liberian Police Force (SOD) shall be
disbanded.
3. Until the deployment of newly trained national police, maintenance of law and order throughout Liberia will be the responsibility of an interim police force, monitored by International Civilian Police components within the International Stabilization Force.
4. The interim police force will only be allowed to carry side arms.
5. All large calibre weapons will be turned over to the International Stabilisation Force.
PART FIVE
RELEASE OF PRISONERS AND ABDUCTEES
ARTICLE IX
RELEASE OF PRISONERS AND ABDUCTEES
All political prisoners and prisoners of war, including non-combatants and abductees shall be released unconditionally by the Parties.
ARTICLE X
ASSISTANCE TO THE INTERNATIONAL COMMITTEE OF THE
RED CROSS AND RELEVANT U.N. AGENCIES
All Parties shall provide the International Committee of the Red Cross (ICRC) and relevant U.N. agencies with information regarding their prisoners of war, abductees or persons detained because of the war, to enable the ICRC visit them and verify any details regarding their condition and status before their release.
ARTICLE XI
The Parties call on the ICRC and relevant U.N. agencies to give all the necessary assistance to the released persons, including re-location to any part of Liberia.
PART SIX
HUMAN RIGHTS ISSUES
ARTICLE XII
HUMAN RIGHTS
1a. The Parties agree that the basic civil and political rights enunciated in the Declaration and Principles on Human Rights adopted by the United Nations, African Union, and ECOWAS, in particular, the Universal Declaration of Human Rights and the African Charter on Human and People’s Rights, as contained in the Laws of Liberia shall be fully guaranteed and respected within Liberia.
b. These basic civil and political rights include the right to life and liberty, freedom from torture, the right to a fair trial, freedom of conscience, expression and association, and the right to take part in the governance of one’s country.
2a. The Parties agree on the need for the establishment of an Independent National Commission on Human Rights (INCHR).
b. The INCHR shall monitor compliance with the basic rights guaranteed in the present Peace Agreement as well as promote human rights education throughout the various sectors of Liberian society, including schools, the media, the police and the military.
3. Technical, financial and material assistance may be sought by the INCHR from the U.N. High Commissioner for Human Rights, the African Commission on Human and People’s Rights and other relevant international organizations.
4. The INCHR shall work together with local Liberian human rights and civil society organizations to monitor and strengthen the observance of human rights in the country.
ARTICLE XIII
TRUTH AND RECONCILIATION COMMISSION
1. A Truth and Reconciliation Commission shall be established to provide a forum that will address issues of impunity, as well as an opportunity for both the victims and perpetrators of human rights violations to tell their story, in order to get a clear picture of the past to facilitate genuine healing and reconciliation.
2. In the spirit of national reconciliation, the Commission shall deal with the question of human rights violations since the beginning of the Liberian conflict in 1980.
3. This Commission shall, among other things, recommend measures to be taken for the rehabilitation of victims of human rights violations.
4. Membership of the Commission shall be drawn from a cross-section of Liberian society with participation and some technical support from the International Community.
PART SEVEN
HUMANITARIAN ISSUES
ARTICLE XIV
HUMANITARIAN RELIEF
1a. The Parties re-affirm the commitment they made in the Ceasefire Agreement, to provide security guarantees for safe and unhindered access by all humanitarian agencies to vulnerable groups throughout the country, in order to facilitate the delivery of humanitarian assistance in accordance with international conventions, principles and norms governing humanitarian operations.
b. Accordingly, the Parties agree to guarantee the security of the presence and movement of humanitarian personnel, that of their properties, goods transported, stocked or distributed, as well as their projects and beneficiaries.
2. The Transitional Government to be established for Liberia shall ensure the establishment of effective administrative and security infrastructure to monitor and support the implementation of these guarantees contained in sub-paragraph 1b of the present Article XIV.
3. The Transitional Government shall request the International Community to assist in providing humanitarian assistance for those in need, including internally displaced persons and returning refugees.
4. The Parties shall ensure the presence of security guarantees for the safe return and resettlement of refugees and internally displaced persons and the free movement of persons and goods.
ARTICLE XV
HUMANITARIAN LAW
The Parties undertake to encourage respect for the principles
and rules of International Humanitarian law in post-conflict Liberia.
PART EIGHT
POLITICAL ISSUES
ARTICLE XVI
ESTABLISHMENT OF A GOVERNANCE REFORM COMMISSION
A Governance Reform Commission shall be established to promote governance reform principles and strategies that will exclude the culture of political patronage, and all other elements that are inimical to the establishment of true democratic governance in Liberia.
ARTICLE XVII
ELECTORAL REFORM
1. The Parties agree that the present electoral system in Liberia shall be reformed.
2a. The National Electoral Commission (NEC) shall be independent. It shall be reconstituted to conform with UN standards, to ensure that the rights and interests of Liberians are guaranteed, in order to ensure that the elections are organized in a manner that is acceptable to all.
b. Appointments to the NEC shall be made by …… within ………
months from the entry into force of this Agreement. It shall be composed of
men and women noted for their professional integrity and objectivity.
ARTICLE XVIII
ORGANISATION OF ELECTIONS
1. The Parties agree that, given the present circumstances, and until appropriate conditions are met, the Presidential and General elections scheduled for October, 2003 shall be postponed.
2. All efforts shall be made to conduct elections no later than October, 2004.
3. In order to create appropriate conditions for elections, a re-demarcation of constituencies shall be carried out in order to take account of newly created Counties.
4a. The Parties agree that the Transitional Government which is to be established in Liberia shall request the United Nations, the African Union, ECOWAS and other members of the International Community as appropriate, to jointly conduct, monitor, and supervise the next elections in the Country.
b. Voters education and registration programs shall be organized by the newly
reconstituted NEC, in collaboration with and under the supervision of the
United Nations and other relevant international organizations.
ARTICLE XIX
INTERIM PERIOD
1a. With the exit of the current President of the Republic of Liberia, the GOL shall be headed by the Vice President as prescribed by the 1986 Constitution of Liberia.
b. The Vice President shall assume the duties of the current President for a limited period until the installation of a Transitional Government for the Republic.
ARTICLE XX
ESTABLISHMENT OF A TRANSITIONAL GOVERNMENT AND DISSOLUTION OF THE PRESENT
GOVERNMENT OF LIBERIA, THE LURD AND THE MODEL
1. An all-inclusive Transitional Government to be called the National Transitional Government of Liberia, (NTGL), is hereby established to replace the present Government of Liberia.
2. The NTGL shall be inaugurated and fully commence operations by …….September, 2003 and its mandate shall expire on the third Monday of January 2005 when the next elected Government of Liberia shall be inaugurated.
3. Immediately upon the installation of the NTGL in Liberia, the present Government shall be considered dissolved and replaced by the NTGL. All cabinet Ministers, heads of autonomous agencies, public corporations and State-owned enterprises shall be deemed to have resigned.
4. The authority of the NTGL shall be established and recognised throughout the territory of the Republic of Liberia, immediately upon its installation in Monrovia.
5. The LURD and MODEL shall be dissolved and cease to exist as military forces …… days as of the effective date of this Agreement, or immediately upon determination by the ISF that the Disarmament, Demobilisation and Reintegration program has been completed, whichever occurs first.
6. There shall be no restriction on members of the defunct LURD and MODEL to engage in national politics through the formation of political parties or otherwise, save and except those restrictions imposed on all parties and associations by the relevant laws of Liberia.
ARTICLE XXI
MANDATE OF THE NATIONAL TRANSITIONAL
GOVERNMENT OF LIBERIA
1. The primary responsibility of the NTGL shall be to ensure the scrupulous implementation of this Peace Agreement.
2. Its mandate shall include the following:
a. Implementation of the provisions of the Ceasefire
Agreement.
b. Overseeing and coordinating implementation of the political and rehabilitation programs enunciated in this Peace Agreement.
c. Provision of basic services such as education, healthcare and sanitation.
d. Ensuring the payment of the remuneration of public employees.
e. Promotion of reconciliation so as to ensure the restoration of peace and stability to the country and its people.
f. Contribution in the preparation and conduct of internationally supervised elections in October 2004 for the inauguration of an elected Government for Liberia in January 2005.
3. The NTGL shall refrain from:
a. Undertaking any major capital investment nor make any major purchases, except as they relate to sub-paragraphs 2(a) to (f) above; and
b. Awarding or entering into long term business or commercial arrangements with investors.
4. A Contract and Monopolies Commission shall be established to oversee activities of a contractual nature undertaken by the NTGL to ensure compliance with paragraphs 3a and b above. The provisions related to its mandate are contained in annex 3 of this Agreement.
ARTICLE XXII
STRUCTURE OF THE NTGL
The NTGL shall consist of three branches, namely:
i. The National Transitional Legislative Assembly (NTLA);
ii. The Executive; and
iii. The Judiciary.
ARTICLE XXIII
THE NATIONAL TRANSITIONAL LEGISLATIVE ASSEMBLY (NTLA)
1. There is hereby established a National Transitional Legislative Assembly
(NTLA) in Liberia.
2. The NTLA shall be unicameral in nature and shall replace,
within this transitional period, the entire Congress of the Republic of Liberia.
It shall reflect a broad spectrum of the Liberian society.
3. The NTLA shall have a maximum of fifty (50) members who shall come from
the following entities:
a. Each of the fifteen (15) Counties.
b. The present Government of Liberia, the LURD, MODEL, the Political Parties, the Women Association, the Bar Association, the Chamber of Commerce, Refugees, Eminent Persons, the Liberians in the Diaspora/America and the Youths.
4. The formula for the composition of the NTLA shall be as follows:
10% Government of Liberia (GOL)
10% Liberians United for Reconciliation and Democracy (LURD)
10% Movement for Democracy in Liberia (MODEL)
20% Political Parties
10% Civil Society and Special Interest groups
10% Technocrats
30% Counties
5a. The NTLA shall elect a Speaker to head the Assembly as well as one (1) Deputy Speaker.
b. The positions of Speaker and Deputy Speaker shall be allocated to Parties to this Agreement through a process of negotiation.
c. The Parties to whom the positions are allocated shall submit
their nominees to the Assembly for election. Guidelines for the elections
are contained in annex 2 attached to this Agreement
6. The NTLA shall have responsibility for the following:
a. Assuming responsibility for the country’s legislative functions.
b. Approving the policies and programs of the Government for implementation by the Cabinet.
c. Encouraging and supporting the emergence of a new democratic
space, particularly in the areas of human rights and freedom of expression.
7. Two-thirds (2/3) of members of the NTLA shall form the quorum for meetings
of the Assembly.
8. The decision of the NTLA shall require the approval of at least two-thirds (2/3) of members present and voting at the meeting.
9. The NTLA shall adopt other rules of procedure for the conduct of its proceedings.
ARTICLE XXIV
THE EXECUTIVE
1. The NTGL shall be headed by a person to be called the Transitional President. The Transitional President shall be assisted by a Transitional Vice President. The Transitional President and Vice President shall be elected by duly accredited delegates to the ECOWAS Peace Talks in Accra during a ballot to be organized and supervised by ECOWAS, the UN, the AU, the EU and the ICGL. Guidelines for their elections shall be defined in annex 2 to this Agreement.
2. No Leader of any of the warring parties i.e. the GOL, the LURD and the MODEL, shall be the President or Vice President of the NTGL.
3. All persons who serve in whatever capacity within the NTGL
shall not contest for any elective office during the 2004 elections to be
held in Liberia.
ARTICLE XXV
THE CABINET
1. The Cabinet of the Government of Liberia shall have a membership of thirteen (13) Ministers, who shall head the thirteen Ministries defined under paragraph 3a of this article. They shall be assisted by Deputy Ministers.
2. The Ministers and Deputy Ministers, who preferably should be technocrats, shall be representatives of the vast cross-section of the Liberian society.
3a. The Cabinet shall be made up of:
i. Minister of Defence
ii. Minister of Finance and Economic Development
iii. Minister of Commerce, Industry, Land and Mines
iv. Minister of Foreign Affairs
v. Minister of Justice
vi. Minister of Public Works and Transport
vii. Minister of Agriculture
viii. Minister of Education and Research
ix. Minister of Health and Social Welfare
x. Minister of Humanitarian and Refugee Affairs
xi. Minister of Information, Labour, Youths and Sports
xii. Minister of Internal Affairs and Special Duties
xiii. Minister of Maritime Affairs
b. Allocation of cabinet positions which includes ministerial, deputy ministerial positions, headship of autonomous agencies and State-owned enterprises shall be made to the Parties to this Agreement through a process of negotiation.
c. Parties shall forward to the President within a period of seven (7) days, five (5) nominees for each position allocated to them.
d. The President shall within a three (3) day period select from the individual list of nominees from the Parties, a total of three (3) candidates for each cabinet position, whose names shall be forwarded to the NTLA. The NTLA shall select and confirm one candidate from each of the Party list for each cabinet position.
e. Where the NTLA is unable to select a candidate from any of the Party lists so submitted, the President shall request that the Party re-submit another list of suitable candidates within the same time frame indicated in paragraph c above. The NTLA will thereafter make a final selection from this list.
f. A national balance shall be maintained in the final selection of Ministers, Deputy Ministers, Heads of Autonomous Agencies and State-owned Enterprises.
4. The mandate of the Cabinet shall include:
a. Implementation of the decisions of the NTGL.
b. Conduct of the usual activities of government ministries.
c. Initiation of policies and recommendation of same to the NTLA for approval.
5. The Parties call on the United Nations, the ECOWAS, the AU, the International Monetary Fund, the World Bank and other international institutions in a position to do so, to assign trained personnel and international experts for the purpose of providing technical support and assistance to the NTGL, especially for the functioning of its Ministries and Parastatals.
ARTICLE XXVI
THE JUDICIARY
1. The Judiciary shall be the third organ of the NTGL. Its structure shall remain unchanged.
2. Under the NTGL however, the Chief Justice and all other judges shall be nominated by the President of the NTGL for approval by the NTLA as a body. Such nominations shall be based on a shortlist of candidates for each position jointly recommended by the National Bar Association, the Female Lawyers Association and the Trial Judges Association.
PART NINE
POST-CONFLICT REHABILITATION AND RECONSTRUCTION
ARTICLE XXVII
INTERNATIONAL ASSISTANCE
1. In view of the recent appointment of the UN Secretary-General’s Special Representative in Liberia, the Parties call for the urgent establishment of a consolidated United Nations Mission in Liberia that will have the resources facilitate the implementation and coordination of the Political, Social, Economic and Security assistance to be extended under this Agreement.
2. The Parties also call on ECOWAS in collaboration with the UN, AU, EU and ICGL to set up a monitoring mechanism that will ensure effective and faithful implementation of the Peace Agreement by all the Parties.
3. The Parties agree on the need for ECOWAS, in collaboration with the ICGL, to organise periodic donor conferences for resource mobilisation for post conflict rehabilitation and reconstruction in Liberia.
ARTICLE XXVIII
REFUGEES AND DISPLACED PERSONS
The NTGL, with the assistance of the International Community, shall design and implement a plan for the voluntary return and reintegration of Liberian refugees and internally displaced persons, including non-combatants in accordance with international conventions, norms and practices.
ARTICLE XXIX
VULNERABLE GROUPS
1a. The NTGL shall accord particular attention to the issue of the rehabilitation of vulnerable groups or war victims (children, women, the elderly and the disabled) within Liberia, who have been severely affected by the conflict in Liberia.
b. With the support of the International Community, the NTGL shall design and implement a program for the rehabilitation of such war victims.
2a. The NTGL shall, in addition, accord special attention to the issue of child combatants.
b. It shall, accordingly, mobilize resources from the International Community, especially through the Office of the U.N. Special Representative for Children in Armed Conflict, UNICEF, (the African Committee on Children) and other relevant agencies, to address the special demobilization and re-integration needs.
3. Given the fact that women have been particularly victimized during the war in Liberia, special attention shall be accorded to their needs and potential by the NTGL in formulating and implementing programs for national rehabilitation, reconstruction and development, in order to enable them play a significant role in the moral, social and physical reconstruction of Liberia in the post-conflict period.
PART TEN
IMPLEMENTATION OF THE PEACE AGREEMENT
ARTICLE XXX
RESPONSIBILITY OF THE PARTIES
1. The Parties to this Peace Agreement undertake that no effort shall be spared to effect the scrupulous respect for and implementation of the provisions contained in this Peace Agreement, to ensure the successful establishment and consolidation of lasting peace in Liberia.
2. The Parties shall ensure that the terms of the present Peace Agreement and written orders requiring compliance are immediately communicated to all of their forces and supporters.
3. The terms of the Agreement shall concurrently be communicated
to the civilian population by radio, television, print, electronic and other
media.
ARTICLE XXXI
MORAL GUARANTORS
The Parties call on the ECOWAS, the African Union, United Nations
and the International Contact Group on Liberia, to stand as Moral Guarantors
to ensure that the spirit and content of this Peace Agreement are implemented
in good faith and with integrity by the Parties.
ARTICLE XXXII
SPECIAL PROVISIONS
1a. In order to give effect to paragraph 8(i) of the Ceasefire Agreement of 17th June 2003 signed by the GOL, the LURD and the MODEL for the formation of a Transitional Government, the Parties agree on the need for an extra-Constitutional arrangement that will facilitate its formation and take into account the establishment and proper functioning of the entire transitional arrangement.
b. Accordingly, the provisions of the present Constitution of
the Republic of Liberia which relate to the establishment, composition and
powers of the Executive, the Legislature and Judicial branches of the Government
are hereby amended and modified.
c. For the avoidance of doubt, relevant provisions of the Constitution which
are inconsistent with the provisions of this Agreement are hereby suspended.
d. All other provisions of the 1986 Constitution of the Republic of Liberia shall remain in force.
PART ELEVEN
ARTICLE XXXIII
SETTLEMENT OF DISPUTES
1a. Any dispute arising out of the application or interpretation of the provisions of this Agreement shall be settled amicably between the Parties.
b. In the event of the failure of such amicable settlement, the dispute shall be settled through a process of mediation to be organised by ECOWAS in collaboration with the United Nations and the ICGL.
ARTICLE XXXIV
ENTRY INTO FORCE
The present Peace Agreement shall enter into force immediately upon its signature by the Parties.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed this Agreement.
Done at Accra, this…………day of the month of July, 2003, in……………original texts in English, each text being equally authentic.
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FOR THE GOVERNMENT OF THE REPUBLIC OF LIBERIA (GOL)
…………………………………….
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FOR LIBERIANS UNITED FOR FOR THE MOVEMENT FOR
RECONCILIATION & DEMOCRACY DEMOCRACY IN LIBERIA
(LURD) (MODEL)
……………………………………………….
FOR POLITICAL PARTIES
AS WITNESSES
…………………………………………
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FOR INTER-RELIGIOUS COUNCIL FOR THE MANO RIVER WOMEN
FOR LIBERIA (IRCL) PEACENETWORK (MARWOPNET)
………………………………………….
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FOR LIBERIA BAR ASSOCIATION FOR LIBERIANS IN DIASPORA
………………………………………………..
CIVIL SOCIETY MOVEMENT OF LIBERIA
…………………………………………
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THE MEDIATOR FOR ECOWAS
…………………………………………
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FOR UNITED NATIONS FOR THE AFRICAN UNION
…………………………………………
….………………………………………..
THE EUROPEAN UNION CO-CHAIR REPUBLIC OF GHANA, CO-CHAIR
OF THE INTERNATIONAL CONTACT OF THE INTERNATIONAL
GROUP ON LIBERIA CONTACT GROUP ON LIBERIA