Liberia: Akosombo Agreement

This Agreement, which supplements and amends the Cotonou Agreement, is made and entered into this 12th day of September AD 1994 by and between the National Patriotic Front of Liberia (NPFL) represented by and through its leader Charles G. Taylor (hereinafter referred to as the PARTY OF THE FIRST PART), the United Liberation Movement of Liberia for Democracy, (ULIMO) represented by and through its leader Lt. Gen. Alhaji G. V. Kronah, (hereinafter referred to as THE PARTY OF THE SECOND PART), and the Armed forced of Liberia represented by and through its chief of State, Lt. Gen. Alhaji Gvkronah (hereinafter referred to as THE PARTY OF THE THIRD PART), hereby:

PREAMBLE

NPFL, ULINO and AFL reaffirm their Acceptance of the Cotonou Agreement as the framework for peace in Liberia. However, having realized the slow pace in the full implementation of the Cotonou Agreement, resulting from the failure of disarmament and the inability of the Liberia National Transitional Government (LNTG) to achieve the objective of its mandate within a six-month period as set forth under Section B Article 14 (x) of the said Cotonou Agreements : and

Having noted with grave concern the protracted human suffering and the undue hardships to which the people of Liberia (inside and outside the country) have been overly subjected as result of the senseless Liberian civil crisis : and

Having realized the urgent need to bring this ugly civil crisis to an immediate and lasting end :

Do hereby agree to the following :

PART I - MILITARY ISSUES

DECLARATION

SECTION A

ARTICLE 1

Count 1 is amended to read as follows :

The parties to this agreement hereby agree and declare a cease-fire and the cassation of hostilities effective as of the signing of this amendment:

SECTION B

ARTICLE 3 - SUPERVISORY AND MONITORING AUTHORITY

Count 1 is amended to read: That the LNTG, ECOMOG and UNOMIL in collaboration shall supervise and monitor the implementation of this Agreement.

The parties hereby expressly recognize the neutrality and authority of ECOMOG and UNOMIL in respect of the forgoing.

Accordingly, the LNTG shall ensure that ECOMOG and UNOMIL shall enjoy complete freedom of movement throughout Liberia.

SECTION C

ARTICLE 4 - TERMS AND CONDITIONS

Count 4 is amended to read: The LNTG, in collaboration with ECOMOG and UNOMIL, shall ensure that all points of entry including sea ports, airfields and roads shall be mentioned and supervised.

Count 5 is amended to read: The warring parties shall undertake to disengage and move to designated assembly points within the time frame in the schedule to be attached to this document.

Count 6 That the LNTG shall enter into a Status of Forces Agreement with ECOWAS within 30 days from the signing of this Agreement.

Count 7 That the existing Status of Mission Agreement already executed with the United Nations (UNCMIL) is herein incorporated by reference and is applicable.

SECTION D

ARTICLE 5 - ACTS OF VIOLATION

Count 2 is amended to read: The following acts shall constitute violations of Agreement:

Sub-Section (b) Any change or improvement of existing positions aimed at acquiring territory.

Sub-Section (c): Any deliberate discharge (whether with conventional or unconventional weapons) against the position of any warring party by another, or firing as any individual or property or any seizure or reduction of individuals and properties,

Sub-Section (f): While the right to communication shall not be obliged, any proven use of communication devices, facilities or propaganda designed to incite or having the effect of inciting hostilities between any of the warring parties.

Sub-Section (h): Obstruction of the implementation of any of the provisions of the Agreement by any party and/or individual.

Sub-Section (i): Harassments, intimidations, or attacks upon any official of the LNTG, relief organizations, ECOMOG, UNOMIL, Cease-fire Violations Committee as well as individuals.

Sub-Section (j): Obstruction of the activities of the LNTG, ECOMOG, UNOMIL and the Cease-fire Violation Committee.

Sub-Section (k): The facilitation or creation of new splinter armed groups. To this end, any individual or group of individuals suspected of creating or assisting to create any new armed or splinter group or facilitating existing splinter group(s) (directly or indirectly) shall :

1.         Not be recognized under the Cotonou Agreement

2.         Shall be disarmed and disbanded by ECOMOG in collaboration with LNTG verified by UNOMIL.

3.         Thereafter be prosecuted under the laws of Liberia.

SECTION E

ARTICLE 6 - DISARMAMENT

The introductory paragraph is hereby amended to read : the ultimate objective of disarmament under the Cotonou Agreement being primarily to create a conductive security environment in the country, NPFL, ULIMO and AFL, hereby agree to disarm to ECOMOG with the cooperation of the LNTG and monitored and verified by UNOMIL in accordance with the schedule to be attached to this Agreement. The parties further mandate the LNTG to begin the formation of appropriate national security structures to facilitate the disarmament process. Accordingly appropriate measures shall be undertaken to unable the AFL to assume its character as a national army. Until such measures are completed the AFL like all other parties and warring groups shall be completely disarmed in accordance with the Cotonou Agreement. In order to ensure a secure environment for the proper functioning of the unified government in Monrovia the LNTG in collaboration with ECOMOG shall ensure that no group or individuals bear arms in the perimeter of the Capital. However, the personnel security of the leaders of the warring parties shall be reflected in the Status of Forces Agreement.

Count 4 is amended to read : Each of the warring parties shall ensure that its combatants report all weapons and warlike materials to COMOG which would be inventoried by ECOMOG, monitored and verified by LNTG and ECOMOG xxxx proper inventory, such weapons and warlike materials, shall be taken by ECOMOG to the designated armories, monitored and verified by UNOMIL and LNTG.

Count 5 is amended to read : All-combatants who are in possession of weapons and warlike materials shall also report and surrender sane to ECOMOG, monitored and verified by LNTG and UNOMIL. Such weapons and warlike materials shall be returned to the owner after due registration, licensing and certification by the governing authority after elections.

Count 7 is amended to read : For the sole purpose of maintaining the cease-fire, ECOMOG shall conduct any search to recover lost or hidden weapons, observed and monitored by UNOMIL and LNTG.

SECTION F:

ARTICLE 7 - ENCAMPMENT

Count 1 is amended to read : The parties agree and fully commit themselves to the encampment of their combatants, and maintenance of commend and control in encampment centers, established by ECOMOG. UNOMIL and LNTG in collaboration with the parties. The encampment centers shall, in addition to disarmament and demobilization, serve as transit points for the further education, training and rehabilitation of said combatants.

SECTION G:

ARTICLE 8 - PEACE ENFORCEMENT POWERS

The following amendments are hereby made to wit:

1.   That in the event any party, new armed group or splinter group and/or individuals refuse to desist from acts in violation of the Agreement, the LNTG, in collaboration with ECOMOG shall have the power to use the necessary force available to compel compliance.

2.   All violations of the cease-fire shall be reported to UNOMIL who shall, on immediate receipt of the information or violation, commence an investigation and make findings thereof. In the event the violation can be cured by the party, UNOMIL shall pursue such a course. However, should such a course not be possible UNOMIL shall submit their findings to the cease-fire Violations Committee. The Violation Committee shall invite the violating party/(ies) for the purpose of having such party/(ies) take corrective measures to cure violations within such time frame as may be stipulated by the Committee. Should the violating party not take the required corrective measures, and the use of peace enforcement powers are recommended against the Violator - the LNG in collaboration with ECOMOG shall thereupon take the necessary action.

SECTION H

ARTICLE 9 - DEMOBILIZATION

Count 2 is amended to read : Further, the parties hereby call upon the LNTG, UN, CAU, ECOWAS and other international organizations and countries, to design a program which recognizes the peculiarities of the parties and finance the process of demobilization, restraining, rehabilitation and reintegration of all former combatants to normal social and community life.

Count 3 is amended to read : It is agreed that the LNTG, in collaboration with the parties shall immediately commence a community information or educational program, explaining to the public by means of communication advises or any form of media, the essence and purpose it xxxxxxxxx, encampments, the disarmament and demobilization, such program shall include other social institutions.

Count 4 Internal security arrangements including police, customs and immigration will be put in place immediately. Planning for restructuring and training of the AFL will be the responsibility of the LNTG, with the assistance of ECOWAS, United Nations and friendly Governments.

SECTION K

ARTICLE 12 - SCHEDULE OF IMPLEMENTATION

This article is amended to read : The attached schedule of implementation to be attached to this Agreement, including disarmament, encampment and demobilization of combatants, preparation of a Status of Forces Agreement, restructuring of AFL and dissolution of the parties drawn up by ECOMOG and UNOMIL in collaboration with the Parties, shall be given to each of the Parties prior to implementation. The Parties undertake that they will create no obstacles to the full implementation of any of the foregoing activities.

PART II - POLITICAL ISSUES

SECTION A

Section B Article 14 (7) is hereby amended to read thus:

EXECUTIVE

(i)The Parties further agree that during the transitional period leading up to inauguration of an elected government, the executive powers of the Republic shall be vested in a five member Council of State which is hereby established. Each of the Parties (AFL, NPFL and ULIMO) shall appoint the member to the council and the remaining two, representing unarmed Liberians, shall be chosen from among prominent Liberians, one appointed by the Liberian National Conference recently convened in Monrovia and the other, by NPFL and ULIMO. The designation of Chairman and two Vice-Chairmen shall be determined through a process of elections to be carried out within 7 days of the signing of this Agreement. The new council of State will be inducted under the auspices of the Chairman of ECOWAS or his representative within 14 days of the signing of this Agreement.

(ii)The Council of State shall conduct and be responsible for the day to day operations of government. All decisions shall be made on the basis of a simple majority.

(iii)The Council shall devise and implement appropriate rules of procedure in respect of its operations, to be signed by all members on the occasion of their induction into office.

(iv)The parties hereby agree that the allocation of Ministries, Public Corporations and Autonomous Agencies is agreed by the Parties in Cotonou. Benin on November x-3 1993 shall be maintained, taking into account existing reactions in respect of existing vacancies. All boards of Public Corporations shall be constituted in accordance with the Acts creating said Corporations.

(v)In the case the executive post is allocated to one party, the two deputy posts shall be allocated to the two other parties. In the case where there are more than two deputy posts in a given Ministry, Public Corporation or Autonomous Agency, the Council of State, shall appoint qualified Liberian Citizens to occupy the third and of remaining deputy posts.

(vi)The Council of State shall also exercise its executive prerogative powers to appoint qualified citizens in all other subordinate presidential appointed posts in government as may be provided by law in consultation with the parties.

(vii)Each of the parties shall have the right to review the status of its appointees in the LNTG through the Council of State and any change in appointment by the Council of State, should follow as closely as possible the constitutional procedures. Once appointments have been made to the Council of State changes can only be effected for cause and then consistent which existing laws.

LEGISLATURE

SECTION B

ARTICLE 14

Count (9) is amended to read:

(i)That the parties agree that the transitional Legislative Assembly shall be unicameral body composed of 48 members. The TLA is expanded by the eminent citizens selected through the Ministry of Internal Affairs from each of the 13 counties, and appointed by the Council of State.

(ii)The parties further agree that the TLA shall give consideration to providing appropriate benefits for the heads of warring parties.

Article 16

(1) is hereby amended to read:

(2)Is hereby amended to read : That the transitional government shall have a life span of approximately 16 months commencing from the date of installation of the five member council of State.

(3)Is hereby amended to read : That General and Presidential Elections shall take place on October 10, 1996, and the newly elected Government shall be installed on the first Monday of 1996.

DONE AT AKOSOMBO, REPUBLIC OF GHANA
THIS 12 DAY OF SEPTEMBER 1994

CHARLES G. TAYLOR
LEADER NATIONAL PATRIOTIC FRONT OF LIBERIA (NPFI)

LT. GEN. ALHAFI G.V. KROMAH
NATIONAL CHAIRMAN UNITED LIBERATION MOVEMENT OF LIBERIA FOR DEMOCRACY (ULIMO)

LT. GEN J. MEZEKIAH BOWEN
CHIEF OF STATE ARMED FORCES OF LIBERIA (AFL)

WITNESSED BY

HIS EXCELLENCY FLT. LT. J. J. BAWLINGS
PRESIDENT OF THE REPUBLIC OF GHANA AND CURRENT CHAIRMAN OF ECOWAS

AMBASSADOR TREVOR GORDON-SOMERS
SPECIAL REPRESENTATIVE OF THE UNITED NATIONS SECRETARY GENERAL IN LIBERIA