Agreement of Social Honour for the Tribes of Tarhūnah, and the Tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Agreement of Social Honour for the Tribes of Tarhūnah, and the Tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin
Date: 8 Feb 2017
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces. The civil war and chaos continued into 2014 as the General National Congress refused to disband after the expiry of its mandate, resulting in eruption of mass protests. The UN efforts continue to broker peace between the Libyan Army and the Libya Dawn factions, and a partial ceasefire was declared in January 2015. A new interim-government (Tunisia-based) called ‘Government of National Accord’ is formed with the backing of UN despite the refusal of the other forces to recognise its authority and arrived to Tripoli with the UN in 2016. A state of emergency was declared by the UN backed government amid clashed between rival militia in Tripoli’s southern suburbs. Since April 2019 there has been sustained fighting between the Libyan National Army and the UN-backed government in Tripoli as the Libyan National Army aims to seize Tripoli.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: The tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin.  
1- Sālih Salim Fāndī  Coordinator of the Sheikh Council of Tarhūnah  2- Al-Nafīshī ‘Abd al-Salām ‘Abd al-Mā’i’  Member of the Sheikh Council of Tarhūnah  3- Al-Mukhtār ‘Alī Yūnis  President of the Social Communication Authority of Ghriyān  4- Al-Bahlūl al-Jiyāsh  Deputy President of the Communication Authority of Ghriyān  5- Muhammad Āhmad Āmuhammad Zuhmah  Member of the Consultative Council of Mashāshiyyah  6- ‘Abd al-Mawalī Ībrahīm Ābu Shūshah  Member of the Consultative Council of Mashāshiyyah  7- Mahī al-Din ‘Abd Āllah Ākhzām  Member of the City Council of al-Qal’ah  8- Āhsīn ‘Abd Āllah Āsulaymān  The Consultative Council of al-Qal’ah  9-  10- 11- ‘Abd al-Salām Sulaymān Mu’arif  Member of the City Council of Jādū  12- Yūsif Sāsī Zambīlah  Member of the Consultative Council of Jādū  13- Ma’yūf Mas’ūd Halāsah  Notable of Kābāw  14- Tāriq Sa’īd ‘Umar  Notable of Kābāw  15-  16-  17- Sālim Āmuhammad al-Faqī  President of the Council of Elders of Wāzin  18- Nūrī Āhmad ‘Āshūr  Notable of Wāzin
Third parties: -
Description: Social contract agreement between nine Libyan tribes rejecting religious extremism and violence. Agreement consolidates common principles including common beliefs (Islam), rejection of violence, establishing a committee of Sheikhs, condemning the imprisoning of migrants on their way to Europe, and so forth.

Agreement document: LY_170208_Libyan Tribal Agreement_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_170208_Libyan Tribal Agreement_AR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: Groups→Migrant workers→Substantive
Page 2, The combined tribes formed the following principles of the agreement: Eighth: The respect for residents from abroad - whether they are workers, tourists or passers through, or whether they possess other beliefs - the protection of their lives and rights and the safeguarding of their dignity, as these are among the tasks of religion and social custom. The exception from these are those who prove their involvement in infringing the security of the Homeland.

Page 2, The combined tribes formed the following principles of the agreement: Eleventh: The work to unconditionally return migrants and internally and externally displaced people. The undertaking by the legal institutions of determining their status and everything related to reparation for damage and giving everyone their rights.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
[Summary] Agreement is between the tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin.

Page 1, The tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin gathered in the presence of the Chancellors of the City Councils of these areas. They developed an agreement of social honour, with the goal of sticking to and defending the religion of Islam as well as saving it from the danger of extremism. Regarding the moderation in [illegible], it is a safety valve for us from moral disintegration, decline and deterioration that has struck [our houses]2 and inside single families, not to mention society. Before the crisis in our dear country became a political crisis, it was a moral crisis par excellence.

Page 2, The combined tribes formed the following principles of the agreement: Fourth: These tribes distance themselves from all political tensions and religious extremes and look towards a guaranteed freedom of opinion for everyone. The political umbrella that gathers them is nothing else but the umbrella of the Homeland.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, The combined tribes formed the following principles of the agreement: Ninth: The refusal and denouncement of what the international community does in seeking to settle the illegal migrants inside Libya.

Page 2, The combined tribes formed the following principles of the agreement: Eleventh: The work to unconditionally return migrants and internally and externally displaced people. The undertaking by the legal institutions of determining their status and everything related to reparation for damage and giving everyone their rights.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, The tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin gathered in the presence of the Chancellors of the City Councils of these areas. They developed an agreement of social honour, with the goal of sticking to and defending the religion of Islam as well as saving it from the danger of extremism. Regarding the moderation in [illegible], it is a safety valve for us from moral disintegration, decline and deterioration that has struck [our houses]2 and inside single families, not to mention society. Before the crisis in our dear country became a political crisis, it was a moral crisis par excellence.

State definition

Nature of state (general): Page 2, The combined tribes formed the following principles of the agreement: Second: The respect of the judicial, legislative and executive institutions, and any bodies or departments which extend from these that are run by the Libyan people and their free will.

Page 2, The combined tribes formed the following principles of the agreement: First: The belief that the religion of Islam is a central and reasonable religion, and a unified home in the Libyan civilization historically and on the international borders of Libya.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 2, The combined tribes formed the following principles of the agreement: Third: The call for the Libyan regulatory, sovereign and executive institutions to do their tasks in facilitating security and stability and in maintaining a fair, free and sovereign state.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 2, The combined tribes formed the following principles of the agreement:
Twelfth: The establishment of a committee of Sheikhs and Notables from the [above] mentioned tribes, consisting of two members from each tribe, in order to follow up the principles of this agreement with all Libyan tribes. This committee is dedicated to any national works that gathers and unifies the souls of all Libyans.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, ... We are aware of the imminent danger that threatens Libyan society at its heart – for the murder of [our] essence is possible under the law of robbery, looting, [...]1 and violence – as the fabric of society has become entangled in the sedition that struck Libyans in the killing, and economic life has deteriorated in a way that threatens catastrophe – and the political crisis reels between continued conflict and schism between Libyans, and foreign colonial intervention, of which we pay no heed!!
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Liberty and security of person
Page 2, The combined tribes formed the following principles of the agreement: Eighth: The respect for residents from abroad - whether they are workers, tourists or passers through, or whether they possess other beliefs - the protection of their lives and rights and the safeguarding of their dignity, as these are among the tasks of religion and social custom. The exception from these are those who prove their involvement in infringing the security of the Homeland.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, As such, this agreement aims to reverse the Libyan occupation and [encourage] the return to social customs complying with the texts of the Wise Law [shariah], through which Libyans have been able to keep their culture and identity throughout all time despite ferocious colonial campaigns.

Page 2, The combined tribes formed the following principles of the agreement: Fifth: The respect of the bond of blood, belonging and neighbourhood and the obedience to the orders of the Wise Law, which has banned acts of bullying, attacks on lives, property and the right to self-fulfilment, and the use of violence.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
Page 1, As such, this agreement aims to reverse the Libyan occupation and [encourage] the return to social customs complying with the texts of the Wise Law [shariah], through which Libyans have been able to keep their culture and identity throughout all time despite ferocious colonial campaigns.

Page 2, The combined tribes formed the following principles of the agreement: First: The belief that the religion of Islam is a central and reasonable religion, and a unified home in the Libyan civilization historically and on the international borders of Libya.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, The combined tribes formed the following principles of the agreement: Third: The call for the Libyan regulatory, sovereign and executive institutions to do their tasks in facilitating security and stability and in maintaining a fair, free and sovereign state.

Page 2, The combined tribes formed the following principles of the agreement: Sixth: The lifting of societal cover of everyone who actually committed unjust criminal offenses, belonged to the extremist wing that combats religion and the Homeland, who has been taking or abusing drugs.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, The combined tribes formed the following principles of the agreement: Sixth: The lifting of societal cover of everyone who actually committed unjust criminal offenses, belonged to the extremist wing that combats religion and the Homeland, who has been taking or abusing drugs.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: Page 2, The combined tribes formed the following principles of the agreement: Seventh: The criminalisation of the phenomenon of human trafficking - or what is known internationally as illegal migration - and the smuggling of natural resources to Libya, considering that this is politically, economically and socially harmful for the Homeland.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: Transitional justice→Courts→National courts
Page 2, The combined tribes formed the following principles of the agreement: Sixth: The lifting of societal cover of everyone who actually committed unjust criminal offenses, belonged to the extremist wing that combats religion and the Homeland, who has been taking or abusing drugs.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, The combined tribes formed the following principles of the agreement: Tenth: Acknowledgement of the principle of general peace by contributing to solve all the differences and conflicts between the children of the Homeland as well as an invitation to all Libyan tribes to join this agreement as a step towards comprehensive reconciliation.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, The combined tribes formed the following principles of the agreement:
Twelfth: The establishment of a committee of Sheikhs and Notables from the [above] mentioned tribes, consisting of two members from each tribe, in order to follow up the principles of this agreement with all Libyan tribes. This committee is dedicated to any national works that gathers and unifies the souls of all Libyans.
Related cases: No specific mention.
Source: al-Jarida. ‘ al-Jarida Exclusively publishes the document of the Libyan Tribes Agreement’, 9 February 2017, https://bit.ly/2v5USmF [accessed 11 April 2018]

Agreement of Social Honour for the Tribes of Tarhūnah, and the Tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin

In the name of Allah the Merciful

Praise be to the Lord of the Worlds, thanks to him good deeds are done, reconciliation and success depend on him.

Prayer and peace be upon the Prophet of Mercy, leader of the Umma, Muhammad.

Peace be upon him and after.

Complying with and applying the texts of the wise law, which were honest in their destination and sure in their judgement, whether in their merciful decisions or in the Hadith of the Prophet – prayer and peace be upon him.

Among them, the words of God:

“And hold firmly to the rope of Allah all together and do not become divided.

And remember the favour of Allah upon you - when you were enemies and He brought your hearts together and you became, by His favour, brothers.

And you were on the edge of a pit of the Fire, and He saved you from it.

Thus does Allah make clear to you His verses that you may be guided” [Sura Imran 103];

and His words:

“The believers are but brothers, so make settlement between your brothers.

And fear Allah that you may receive mercy” [Al-Hujurat .]49:10

The Prophet says – prayer and peace be upon him:

“The relationship of the believer with another believer is like [the bricks of] a building, each strengthens the other” [al-Bukhari, Book 1, Hadith .]222

Our faith in the fateful issues that our fathers and grandfathers fought for, was and still is, part of our cherished history to which we still belong;

from the journey of struggle in the earliest beginnings of Islam, to the honourable and heroic battles fought by our father and grandfathers against the Italian fascists across all of Libya.

We are aware of the imminent danger that threatens Libyan society at its heart – for the murder of [our] essence is possible under the law of robbery, looting, [...]1 and violence – as the fabric of society has become entangled in the sedition that struck Libyans in the killing, and economic life has deteriorated in a way that threatens catastrophe – and the political crisis reels between continued conflict and schism between Libyans, and foreign colonial intervention, of which we pay no heed!!

Motivated by inspiration and loyalty, the duty of the nation and working with Islamic shariah, to preserve and achieve the five known maqasid [purposes] – in saving religion, the soul, the mind, wealth and offspring.

The tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin gathered in the presence of the Chancellors of the City Councils of these areas.

They developed an agreement of social honour, with the goal of sticking to and defending the religion of Islam as well as saving it from the danger of extremism.

Regarding the moderation in [illegible], it is a safety valve for us from moral disintegration, decline and deterioration that has struck [our houses]2 and inside single families, not to mention society.

Before the crisis in our dear country became a political crisis, it was a moral crisis par excellence.

As such, this agreement aims to reverse the Libyan occupation and [encourage] the return to social customs complying with the texts of the Wise Law [shariah], through which Libyans have been able to keep their culture and identity throughout all time despite ferocious colonial campaigns.

The combined tribes formed the following principles of the agreement:

First:

The belief that the religion of Islam is a central and reasonable religion, and a unified home in the Libyan civilization historically and on the international borders of Libya.

Second:

The respect of the judicial, legislative and executive institutions, and any bodies or departments which extend from these that are run by the Libyan people and their free will.

Third:

The call for the Libyan regulatory, sovereign and executive institutions to do their tasks in facilitating security and stability and in maintaining a fair, free and sovereign state.

Fourth:

These tribes distance themselves from all political tensions and religious extremes and look towards a guaranteed freedom of opinion for everyone.

The political umbrella that gathers them is nothing else but the umbrella of the Homeland.

Fifth:

The respect of the bond of blood, belonging and neighbourhood and the obedience to the orders of the Wise Law, which has banned acts of bullying, attacks on lives, property and the right to self-fulfilment, and the use of violence.

Sixth:

The lifting of societal cover of everyone who actually committed unjust criminal offenses, belonged to the extremist wing that combats religion and the Homeland, who has been taking or abusing drugs.

Seventh:

The criminalisation of the phenomenon of human trafficking - or what is known internationally as illegal migration - and the smuggling of natural resources to Libya, considering that this is politically, economically and socially harmful for the Homeland.

Eighth:

The respect for residents from abroad - whether they are workers, tourists or passers through, or whether they possess other beliefs - the protection of their lives and rights and the safeguarding of their dignity, as these are among the tasks of religion and social custom.

The exception from these are those who prove their involvement in infringing the security of the Homeland.

Ninth:

The refusal and denouncement of what the international community does in seeking to settle the illegal migrants inside Libya.

Tenth:

Acknowledgement of the principle of general peace by contributing to solve all the differences and conflicts between the children of the Homeland as well as an invitation to all Libyan tribes to join this agreement as a step towards comprehensive reconciliation.

Eleventh:

The work to unconditionally return migrants and internally and externally displaced people.

The undertaking by the legal institutions of determining their status and everything related to reparation for damage and giving everyone their rights.

Twelfth:

The establishment of a committee of Sheikhs and Notables from the [above] mentioned tribes, consisting of two members from each tribe, in order to follow up the principles of this agreement with all Libyan tribes.

This committee is dedicated to any national works that gathers and unifies the souls of all Libyans.

May the peace, mercy and blessings of Allah be upon you.

Issued in Tarhūnah on the Eleventh of Jumādá al-ūlá in the Year of 1438 Hijri, corresponding to the Eighth of February 2017.

The tribes of Tarhūnah, and the tribes of Ghriyān, Mashāshiyyah, al-Qal’ah, Yafrin, Jādū, Kābāw, Nālūt and Wāzin.

1- Sālih Salim Fāndī

Coordinator of the Sheikh Council of Tarhūnah

2- Al-Nafīshī ‘Abd al-Salām ‘Abd al-Mā’i’

Member of the Sheikh Council of Tarhūnah

3- Al-Mukhtār ‘Alī Yūnis

President of the Social Communication Authority of Ghriyān

4- Al-Bahlūl al-Jiyāsh

Deputy President of the Communication Authority of Ghriyān

5- Muhammad Āhmad Āmuhammad Zuhmah

Member of the Consultative Council of Mashāshiyyah

6- ‘Abd al-Mawalī Ībrahīm Ābu Shūshah

Member of the Consultative Council of Mashāshiyyah

7- Mahī al-Din ‘Abd Āllah Ākhzām

Member of the City Council of al-Qal’ah

8- Āhsīn ‘Abd Āllah Āsulaymān

The Consultative Council of al-Qal’ah

10-

11- ‘Abd al-Salām Sulaymān Mu’arif

Member of the City Council of Jādū

12- Yūsif Sāsī Zambīlah

Member of the Consultative Council of Jādū

13- Ma’yūf Mas’ūd Halāsah

Notable of Kābāw

14- Tāriq Sa’īd ‘Umar