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Comprehensive Peace Agreement Between
the Government of Liberia and the
Liberians United for Reconciliation
and Democracy (LURD) and the Movement
for Democracy in Liberia (MODEL)
and Political Parties
Accra 18th August, 2003
We,
the Government of The Republic of
Liberia, The Liberians United for
Reconciliation and Democracy (LURD),
The Movement for Democracy in Liberia
(MODEL) and the Political Parties
Having
met in Akosombo and Accra, Ghana,
from 4 June, 2003 to 18th August
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,
His Excellency John Agyekum Kufuor,
President of the Republic of Ghana,
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 Universal Declaration
on Human Rights, the African Charter
on Human and People’s Rights and
other widely recognised international
instruments on human rights, including
those contained 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 international
humanitarian law 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,
which constitutes an integral part
of this Peace Agreement and is thereby
appended as Annex I to the present
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;
"DDRR"
means Disarmament, Demobilization,
Rehabilitation and Reintegration;
"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;
"IMC"
means the Implementation Monitoring
Committee;
"INCHR"
means Independent National Commission
on Human Rights established under
Article XII of this Agreement;
"Irregular
Forces" mean all forces that
are not established in accordance
with the Constitution and laws of
the Republic of Liberia
"Interposition
Force" means the ECOWAS Mission
in Liberia which will be part 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;
"NCDDRR"
means the National Commission for
Disarmament, Demobilization, Rehabilitation
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;
"Political
Parties" means Political Parties
registered under the laws of the
Republic of Liberia.
"The
Agreement" means this Comprehensive
Peace Agreement;
"Chairman"
means the Head of the NTGL;
"Vice-Chairman"
means the Deputy Head of the NTGL;
"TRC"
means Truth and Reconciliation Commission
established under Article XIII of
this Agreement;
"UN"
means the United Nations Organization;
"UNCIVPOL"
means the United Nations Civil
Police Component of the United Nations
Stablisation Force;
"UNICEF"
means United Nations Children Fund;
"UNHCR"
means the United Nations Office
of the High Commissioner for Human
Rights;
"UNDP"
means the United Nations Development
Programme.
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 Parties call on ECOWAS to
immediately establish a Multinational
Force that will be deployed as an
Interposition Force in Liberia,
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.
2. The mandate of the ECOWAS Interposition
Force shall also include the following:
1. Facilitating and monitoring the
disengagement of forces as provided
under Article V of this Agreement;
2. Obtaining data and information
on activities relating to military
forces of the parties to the Ceasefire
Agreement and coordinating all military
movements;
3. Establishing conditions for the
initial stages of Disarmament, Demobilisation
and Reintegration (DDR) activities;
4. Ensuring respect by the Parties
for the definitive cessation of
hostilities and all other aspects
of the Ceasefire Agreement;
5. Ensuring the security of senior
political and military leaders;
6. Also ensuring the security of
all personnel and experts involved
in the implementation of this Agreement
in collaboration with all parties;
7. Monitoring the storage of arms,
munitions and equipment, including
supervising the collection, storage
and custody of battlefield or offensive
armament in the hands of combatants;
3. The Joint Monitoring Committee
(JMC) established under the terms
of the Ceasefire Agreement, and
composed of representatives of ECOWAS,
the UN, AU, ICGL and Parties to
the Ceasefire Agreement shall continue
to supervise and monitor the implementation
of the Ceasefire Agreement. ;
4. Prior to the deployment of the
International Stabilisation Force,
a representative of ECOWAS shall
chair the JMC.
5. The JMC shall:
1. Resolve disputes concerning implementation
of the Ceasefire Agreement, including
the investigation of any alleged
violation and also recommend remedial
action for confirmed ceasefire violations.
2. Submit for approval, its recommendations
to the Implementation Monitoring
Committee (IMC) referred to under
Article XXVIII(2) and (3) in this
Agreement which is seized with the
responsibility of monitoring the
implementation of this Peace Agreement.
6. The Parties shall provide the
JMC with any relevant information
on the organisation, equipment and
locations of their forces, and such
information will be kept confidential.
ARTICLE
IV
INTERNATIONAL STABILIZATION FORCE
1. The GOL, the LURD, the MODEL
and the Political Parties agree
on the need for the deployment of
an International Stabilization Force
(ISF) in Liberia. Accordingly, the
Parties hereby request the United
Nations in collaboration with ECOWAS,
the AU and the ICGL to facilitate,
constitute, and deploy a United
Nations Chapter VII force in the
Republic of Liberia to support the
transitional government and to assist
in the implementation of this Agreement.
2. The ECOWAS Interposition Force
is expected to become a part of
the International Stabilisation
Force.
3. The Parties request the ISF to
assume the following mandate:
1. Observe and monitor the ceasefire;
2. Investigate violations of the
security aspects of this Agreement
and take necessary measures to ensure
compliance.
3. Monitor disengagement and cantonment
of forces of the Parties and provide
security at disarmament/cantonment
sites;
4. Collect weapons at disarmament
sites and elsewhere and ensure that
the weapons so collected are properly
accounted for and adequately secured;
5. Assist in the coordination and
delivery of humanitarian assistance
to displaced persons, refugees,
returnees and other war-affected
persons;
6. Facilitate the provision and
maintenance of humanitarian assistance
and protect displaced persons, refugees,
returnees and other affected persons;
7. Verify all information, data
and activities relating to the military
forces of the Parties;
8. Along with ECOWAS and the International
Contact Group on Liberia, provide
advice and support to the Transitional
Government provided for in this
Agreement on the formation of a
new and restructured Liberian Army;
9. Assist with security for elections;
10. Take the necessary means whenever
the need arises and as it deems
within its capabilities, to protect
civilians, senior political and
military leaders under imminent
threat of physical violence;
11. Coordinate with ECOWAS in the
implementation of this Agreement;
4. The Parties expect that units
of the ISF shall be selected from
countries acceptable to all the
Parties to the Ceasefire Agreement.
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. There shall be immediate disengagement
of forces of the Parties to the
Ceasefire Agreement in line with
the principles of that Agreement.
2. Disengagement of forces shall
mean the immediate breaking of tactical
contact between opposing military
forces of the GOL, the LURD, and
the MODEL, at places where they
are in direct contact or within
range of direct fire weapons.
3. 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 ISF. The
Parties to the Ceasefire Agreement
undertake to remain in their disengagement
positions until the conclusion of
cantonment plans by the International
Stabilisation Force and the NCDDRR
established under Article VI(8)
of the Agreement. They are also
responsible for armed groups operating
within their territories.
4. Where immediate disengagement
is not possible, a framework and
sequence of disengagement shall
be agreed upon by all parties to
the Ceasefire through the Joint
Monitoring Committee (JMC).
5. Wherever disengagement by movement
is impossible or impractical, alternative
solutions requiring that weapons
are rendered safe shall be designed
by the ISF.
PART
THREE
ARTICLE
VI
CANTONMENT, DISARMAMENT, DEMOBILIZATION
REHABILITATION AND REINTEGRATION
(CDDRR)
1. The Parties commit themselves
to ensuring the prompt and efficient
implementation of a national process
of cantonment, disarmament, demobilization,
rehabilitation and reintegration.
2. The ISF shall conduct the disarmament
of all combatants of the Parties
including paramilitary groups.
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 International Stabilisation
Force and the NCDDRR, no later than
thirty (30) days after installation
of the NTGL. 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 ISF.
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 ISF.
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 ISF is requested to deploy
to all disarmament and demobilization
locations in order to facilitate
and monitor the program of disarmament.
8. There shall be an interdisciplinary
and interdepartmental National Commission
for Disarmament, Demobilization,
Rehabilitation and Reintegration
(NCDDRR), to coordinate DDRR activities.
9. The NCDDRR shall comprise representatives
from relevant NTGL Agencies, the
GOL, LURD, MODEL, ECOWAS, the United
Nations, the African Union and the
ICGL.
10. It shall oversee and coordinate
the disarmament, demobilization,
rehabilitation and reintegration
of combatants, working closely with
the ISF and all relevant international
and Liberian institutions and agencies.
11. Upon the signing of the present
Agreement, the Transitional Government
provided for in this Agreement,
shall request the International
Community to assist in the implementation
of the Cantonment, Disarmament,
Demobilization, Rehabilitation and
Reintegration program through the
provision of adequate financial
and technical resources.
PART
FOUR
SECURITY SECTOR REFORM
ARTICLE
VII
DISBANDMENT OF IRREGULAR FORCES,
REFORMING AND
RESTRUCTURING OF THE LIBERIAN ARMED
FORCES
1. The Parties agree that:
1. All irregular forces shall be
disbanded.
2. The Armed Forces of Liberia shall
be restructured and will have a
new command structure. The forces
may be drawn from the ranks of the
present GOL forces, the LURD and
the MODEL, as well as from civilians
with appropriate background and
experience. The Parties request
that ECOWAS, the UN, AU, and the
ICGL provide advisory staff, equipment,
logistics and experienced trainers
for the security reform effort.
The Parties also 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:
1. 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;
2. 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;
3. The Mission of the Armed Forces
of Liberia shall be to defend the
national sovereignty and in extremis,
respond to natural disasters;
4. All Parties shall cooperate with
ECOWAS, the UN, the AU, the ICGL
and the United States of America.
3. All Parties together shall 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 SERVICES
1. There shall be an immediate restructuring
of the National Police Force, the
Immigration Force, Special Security
Service (SSS), custom security guards
and such other statutory security
units. These restructured security
forces shall 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, the Special
Operations Division (SOD) of the
Liberian National Police Force and
such paramilitary groups that operate
within organisations as the National
Ports Authority (NPA), the Liberian
Telecommunications Corporation (NTC),
the Liberian Refining Corporation
(LPRC) and the Airports shall be
disarmed and restructured.
3. Until the deployment of newly
trained national police, maintenance
of law and order throughout Liberia
shall be the responsibility of an
interim police force.
4. The Parties call on the United
Nations Civil Police components
(UNCIVPOL) within the ISF to monitor
the activities of the interim police
force and assist in the maintenance
of law and order throughout Liberia.
5. The Parties also call on UNCIVPOL
and other relevant International
Agencies to assist in the development
and implementation of training programs
for the LNP.
6. The interim police force will
only be allowed to carry side arms.
7. All large calibre weapons shall
be turned over to the ISF.
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
immediately and unconditionally
by the Parties.
ARTICLE
X
ASSISTANCE TO THE INTERNATIONAL
COMMITTEE OF THE RED CROSS
AND RELEVANT NATIONAL AND INTERNATIONAL
AGENCIES
All
Parties shall provide the International
Committee of the Red Cross (ICRC)
and other relevant national and
international agencies with information
regarding their prisoners of war,
abductees or persons detained because
of the war, to enable the ICRC and
other relevant national and international
agencies visit them and verify any
details regarding their condition
and status before their release.
ARTICLE
XI
The
Parties call on the ICRC and such
other relevant national and international
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,
and 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.
The INCHR shall work together with
local Liberian human rights and
civil society organizations, international
human rights organisations and other
relevant U.N. agencies to monitor
and strengthen the observance of
human rights in the country.
4.
Technical, financial and material
assistance may be sought by the
INCHR from the U.N. Office of the
High Commissioner for Human Rights
(UNHCR), the African Commission
on Human and People’s Rights and
other relevant international organizations.
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 share
their experiences, 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
root causes of the crises in Liberia,
including human rights violations.
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. The Parties
request that the International Community
provide the necessary financial
and technical support for the operations
of the Commission.
PART
SEVEN
HUMANITARIAN ISSUES
ARTICLE
XIV
HUMANITARIAN RELIEF
1a.
The Parties re-affirm the commitment
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 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 provided
for in this agreement 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 said Transitional Government
shall request the International
Community to assist in providing
humanitarian assistance for those
in need, including internally displaced
persons, refugees and returnees.
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
INTERNATIONAL HUMANITARIAN LAW
The
Parties undertake to respect as
well as encourage the Liberian populace
to also respect the principles and
rules of International Humanitarian
law in post-conflict Liberia.
PART
EIGHT
POLITICAL ISSUES
ARTICLE
XVI
ESTABLISHMENT OF A GOVERNANCE REFORM
COMMISSION
1. A Governance Reform Commission
is hereby established. The Commission
shall be a vehicle for the promotion
of the principles of good governance
in Liberia.
2. The mandate of the Commission
shall be to:
1. Review the existing program for
the Promotion of Good Governance
in Liberia, with the objective of
adjusting its scope and strategy
for implementation;
2. Develop public sector management
reforms through assessment, reforms,
capacity building and performance
monitoring;
3. Ensure transparency and accountability
in governance in all government
institutions and activities, including
acting as the Public Ombudsman;
4. Ensure subsidiarity in governance
through decentralisation and participation;
5. Ensure a national and regional
balance in appointments without
compromising quality and integrity;
6. Ensure an enabling environment
which will attract private sector
direct investment;
7. Monitor, assess and report to
the NTLA on the implementation and
impact of activities undertaken
to encourage the practice of good
governance in Liberia.
3. The Structure of the Commission
shall be as follows:
1. The Commission shall be established
as an independent Commission with
seven (7) permanent members appointed
by the Chairman and confirmed by
the NTLA, from a list provided by
civil society organisations. It
shall have a chairperson who must
be from the civil society. Its membership
shall include women.
2. The members must have experience
in one or more of the following:
Public Sector Management, Corporate
Law, Finance and Auditing Regulations,
Trade Policies and NGO activities.
They must be men and women of known
integrity with national and/or international
experience.
4. The Commission shall submit quarterly
reports directly to the NTLA who
shall make recommendations thereon
to the Chairman for action.
5. The NTGL calls on the UNDP, relevant
international organisations and
the ICGL to provide financial, logistics
and technical support for the Commission.
ARTICLE
XVII CONTRACT AND MONOPOLIES COMMISSION
(CMC)
1.
A Contract and Monopolies Commission
is hereby established in Liberia
to oversee activities of a contractual
nature undertaken by the NTGL.
2.
Its mandate shall include:
a.
Ensuring that all public financial
and budgetary commitments entered
into by the NTGL are transparent,
non-monopolistic and in accordance
with the laws of Liberia and internationally
accepted norms of commercial practice;
b.
Ensuring that public officers will
not use their positions to benefit
from any contract financed from
public funds;
c.
Publishing all tenders in the media
and on its own website to ensure
maximum competition and transparency.
The Commission shall also publish
on its website the result of tenders
as well as a record of all commercial
entities that have participated
and succeeded in reviewing contracts;
d.
Ensuring the formulation and effective
implementation of sound macro-economic
policies that will support sustainable
development goals;
e.
Collaborate with the international
institutions to provide finance
to Liberia in carrying out its functions
3a.
The Commission shall consist of
five (5) members appointed by the
Chairman, on the approval of the
NTLA, from the broad spectrum of
civil society, who may or may not
be technocrats.
b.
The members shall be persons of
sound judgement and integrity who
are independent of the commercial
sector. The members must have sufficient
experience to be able to review
contract documents and procedures
to ensure that public funds are
used without favour and with complete
transparency.
c.
The members of the CMC shall be
assisted by independent national
and international experts.
ARTICLE
XVIII
ELECTORAL REFORM
1.
The Parties agree that the present
electoral system in Liberia shall
be reformed.
2a.
In this regard and amongst other
measures that may be undertaken,
the National Elections Commission
(NEC) shall be reconstituted and
shall be independent. It shall operate
in conformity with UN standards,
in order to ensure that the rights
and interests of Liberians are guaranteed,
and that the elections are organized
in a manner that is acceptable to
all.
b.
Appointments to the NEC shall be
made by the Chairman with the advice
and consent of the NTLA within three
months from the entry into force
of this Agreement. It shall be composed
of men and women of integrity.
ARTICLE
IX
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.
National elections shall be conducted
not later than October, 2005.
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 provided for in this
Agreement 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 other national and International
organisations under the supervision
of the United Nations.
ARTICLE
XX
INTERIM PERIOD
1a.
With the exit of the President Charles
Taylor of the Republic of Liberia,
the GOL shall be headed by the Vice
President for an interim period.
b.
The Vice President shall assume
the duties of the current President
for a period not beyond 14th October
2003, whereupon the Transitional
Government provided for in this
Agreement shall be immediately installed.
ARTICLE
XXI
ESTABLISHMENT OF A TRANSITIONAL
GOVERNMENT
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
14th October, 2003 and its mandate
shall expire on the third Monday
of January 2006 when the next elected
Government of Liberia shall be inaugurated.
3. Immediately upon the installation
of the NTGL in Liberia, all cabinet
Ministers, Deputy and Assistant
Ministers, heads of autonomous agencies,
commissions, heads of public corporations
and State-owned enterprises of the
current GOL shall be deemed to have
resigned. This does not preclude
re-appointment according to the
appropriate provisions of this Agreement.
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. The NTGL shall have
control over the entire territory
of Liberia.
5. The LURD, MODEL, and all irregular
forces of the GOL shall cease to
exist as military forces, upon completion
of disarmament.
6. There shall be no restriction
on members of the 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
XXII
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. In addition to normal State functions,
its mandate shall include the following:
1. Implementation of the provisions
of the Ceasefire Agreement;
2. Overseeing and coordinating implementation
of the political and rehabilitation
programs enunciated in this Peace
Agreement;
3. Promotion of reconciliation to
ensure the restoration of peace
and stability to the country and
its people;
4. Contribution to the preparation
and conduct of internationally supervised
elections in October 2005, for the
inauguration of an elected Government
for Liberia in January 2006.
ARTICLE
XXIII
STRUCTURE OF THE NTGL
The
NTGL shall consist of three branches,
namely:
1. The National Transitional Legislative
Assembly (NTLA);
2. The Executive; and
3. The Judiciary.
ARTICLE
XXIV
THE NATIONAL TRANSITIONAL LEGISLATIVE
ASSEMBLY (NTLA)
1.
There is hereby established a National
Transitional Legislative Assembly
(NTLA) in Liberia which shall reflect
a broad spectrum of the Liberian
society.
2.
The NTLA shall be unicameral in
nature and shall replace, within
the transitional period, the entire
Legislature of the Republic of Liberia.
3.
The NTLA shall have a maximum of
Seventy-six (76) 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,
Civil Society and Interest Groups
including the National Bar Association,
the Liberian Business Organisations,
Women Organizations, Trade Unions,
Teachers Union, Refugees, the Liberians
in the Diaspora/America and the
Youth.
4.
The formula for the composition
of the NTLA shall be as follows:
GOL
-12 seats LURD -12 seats MODEL -12
seats Political Parties -18 seats
Civil Society and Special Interest
Groups -7 seats Counties -15 seats
5
a. Selection of members of the NTLA
shall be carried out in Liberia
and shall be subject to internal
consultations amongst the different
entities identified in paragraphs
3 and 4 above.
b.
The Mediation Committee from the
Accra Peace Talks may be present
during consultations for the selection
of members of the Legislative Assembly
and shall ensure that the members
of the Assembly meet the criteria
prescribed in Appendix 1 to Annex
2
6
a. The NTLA shall elect a Speaker
to head the Assembly as well as
one (1) Deputy Speaker.
b.
Guidelines for the elections are
defined under Annex 2 which is attached
to this Agreement and is an integral
part of the Peace Agreement.
c.
The Speaker and Deputy Speaker within
the NTGL shall not contest for any
elective office during the 2005
elections.
7.
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 NTGL 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.
8.
Two-thirds (2/3) of members of the
NTLA shall form the quorum for meetings
of the Assembly.
9.
The decisions of the NTLA shall
require the approval of at least
51% of the entire membership of
the NTLA.
10.
The NTLA shall adopt rules of procedure
for the conduct of its proceedings.
ARTICLE
XXV
THE EXECUTIVE
1. The NTGL shall be headed by a
person to be called the Transitional
Chairman. The Transitional Chairman
shall be assisted by a Transitional
Vice-Chairman.
2. Selection of the Transitional
Chairman and Vice-Chairman shall
be by consensus arising from a process
of consultations undertaken by the
accredited delegates and observers
to the Peace Talks. The selection
procedure is defined in Annex 2
to this Agreement.
3. The positions of Chairman and
Vice-Chairman shall be allocated
to the Political Parties and the
Civil Society.
4. The Chairman and Vice-Chairman,
as well as all principal Cabinet
Ministers within the NTGL shall
not contest for any elective office
during the 2005 elections to be
held in Liberia.
ARTICLE
XXVI
THE CABINET
1.
The NTGL shall maintain the profile
and structure of the Executive Branch
of the present Government of Liberia.
2.
In addition to the Commissions established
by this Agreement, all existing
public corporations and autonomous
Agencies/Commissions shall operate
under the present transitional arrangement,
excluding the existing Commissions
that have already been referred
to under Articles XII and XIII of
this Agreement.
3.
The ministers, deputy and assistant
ministers, heads of autonomous agencies,
commissions, public corporations
and state-owned enterprises, who
should preferably be technocrats,
shall be representatives of a broad
cross-section of the Liberian society.
4.
Allocation of ministerial positions,
deputy and assistant ministerial
positions, headship of autonomous
agencies, commissions, public corporations
and state-owned enterprises shall
be made to the Parties to this Agreement
through a process of negotiation.
The allocations as agreed to by
the Parties are contained in Annex
4 attached to the Agreement. Annex
4 is an integral part of this Agreement.
5a.
The Parties shall forward to the
Transitional Chairman within a period
of seven (7) days, the name of one
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