Reconciliation Agreement between Tebu and Awlad Sulaymen

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Reconciliation Agreement between Tebu and Awlad Sulaymen
Date: 29 Mar 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: Al-Zaylawi Mina Salih Qilma
Sheikh of the Tebu Tribe

Al-Sanusi Mas’ud Amr 
President of the Shurah Council of the Awlad Sulayman Tribe

M. Abd al-Salaam S’ad Kaajmaan 
Deputy of the Presidential Council of the GNA

Mr. Marco Minetti 
Foreign Minister of the Italian Republic
Third parties: -
Description: Reconciliation agreement underwritten by Italy providing for reparations, the departure of armed groups, the right to work in public services, the opening of Sabha Airport, and the lifting of social protection of wanted persons.

Agreement document: LY_170329_Reconciliation Agreement between Tebu and Awlad Sulayman_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_170329_Reconciliation Agreement between Tebu and Awlad Sulayman_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: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Rhetorical
Page 1, Reconciliation is the joint pursuit towards conflict resolution, to redress the damage and rectify the consequences of conflicts in the past [and their] injustices and mistakes, based on the principles of our religion Islam, which forbids infighting among Muslims and urges compassion, cooperation and solidarity as well as calling for reconciliation and stemming the flow of Muslim blood. And [ further based on] the strengthening of identity and the body of the nation, the sanctification of Libyan blood, protecting the unity of Libyan soil, establishing a culture of reconciliation and the beginnings of a state culture, and confirmation of the ties of brotherhood, history and intermarriage between the tribes.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Reconciliation is the joint pursuit towards conflict resolution, to redress the damage and rectify the consequences of conflicts in the past [and their] injustices and mistakes, based on the principles of our religion Islam, which forbids infighting among Muslims and urges compassion, cooperation and solidarity as well as calling for reconciliation and stemming the flow of Muslim blood. And [ further based on] the strengthening of identity and the body of the nation, the sanctification of Libyan blood, protecting the unity of Libyan soil, establishing a culture of reconciliation and the beginnings of a state culture, and confirmation of the ties of brotherhood, history and intermarriage between the tribes.
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): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1, On this day, Thursday, on Rajab 1438 corresponding to 29 March 2017, sponsored by the Libyan state represented by the Presidential Council of the Government of National Accord (GNA) and attended by dignitaries from the Tuareg Tribe, [the parties] agreed the following:
Public administration: Page 1, 6. Everyone has the right to partake in public services [jobs].
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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
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: Page 1, 7. Cooperation to re-establish the conditions necessary to open the Sabha International Airport for passengers.
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: No specific mention.

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: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 5. Departure of all armed formations from public places and passes, and these locations will be handed over to the police with a southern disposition.

Page 1, 9. Lifting the social protection of criminals from both sides. Anyone who breaks the peace is responsible for their actions and their family must hand them over to justice.
Ceasefire: No specific mention.
Police: Page 1, 5. Departure of all armed formations from public places and passes, and these locations will be handed over to the police with a southern disposition.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 5. Departure of all armed formations from public places and passes, and these locations will be handed over to the police with a southern disposition.

Page 1, 9. Lifting the social protection of criminals from both sides. Anyone who breaks the peace is responsible for their actions and their family must hand them over to justice.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1, 8. Treatment of those fallen from the two parties and equal treatment and consideration of martyrs.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 2. Reparation for those affected from the two parties in accordance with established practice by the two sides.

Page 1, 3. The Italian State shall ensure that the financial value of reparations is paid by both sides.

Page 1, 4. The Italian State shall ensure the healing of difficult incidents.
Reconciliation: Page 1, Reconciliation is the joint pursuit towards conflict resolution, to redress the damage and rectify the consequences of conflicts in the past [and their] injustices and mistakes, based on the principles of our religion Islam, which forbids infighting among Muslims and urges compassion, cooperation and solidarity as well as calling for reconciliation and stemming the flow of Muslim blood. And [ further based on] the strengthening of identity and the body of the nation, the sanctification of Libyan blood, protecting the unity of Libyan soil, establishing a culture of reconciliation and the beginnings of a state culture, and confirmation of the ties of brotherhood, history and intermarriage between the tribes.

Page 1, 1. Complete reconciliation between the two parties.

Implementation

UN signatory: No specific mention.
Other international signatory: Page 2, Mr. Marco Minetti 
Foreign Minister of the Italian Republic
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 10. Form a Joint Committee consisting of both sides to follow up implementation of the points of this reconciliation agreement. 
11. All sides are committed to the implementation of all respective points of this agreement.
Related cases: No specific mention.
Source: Libya Mustaqbal, ‘Reconciliation Agreement signed between the Tebu and Awlad Sulayman in the Italian Capital Rome’, 29 March 2017, http://bit.ly/2F1muhl

In the name of Allah, the Beneficent, the Merciful.

Reconciliation Agreement between the Tebu and Awlad Sulayman Tribes

Allah says:

“No good is there in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people.

And whoever does that seeking means to the approval of Allah - then We are going to give him a great reward.” [

Shurat al-Nisa 114]

And Allah says:

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

And fear Allah that you may receive mercy.” [

Surat al-Hujurat 49]

Reconciliation is the joint pursuit towards conflict resolution, to redress the damage and rectify the consequences of conflicts in the past [and their] injustices and mistakes, based on the principles of our religion Islam, which forbids infighting among Muslims and urges compassion, cooperation and solidarity as well as calling for reconciliation and stemming the flow of Muslim blood.

And [ further based on] the strengthening of identity and the body of the nation, the sanctification of Libyan blood, protecting the unity of Libyan soil, establishing a culture of reconciliation and the beginnings of a state culture, and confirmation of the ties of brotherhood, history and intermarriage between the tribes.

On this day, Thursday, on Rajab 1438 corresponding to 29 March 2017, sponsored by the Libyan state represented by the Presidential Council of the Government of National Accord (GNA) and attended by dignitaries from the Tuareg Tribe, [the parties] agreed the following:

1. Complete reconciliation between the two parties.

2. Reparation for those affected from the two parties in accordance with established practice by the two sides.

3. The Italian State shall ensure that the financial value of reparations is paid by both sides.

The Italian State shall ensure the healing of difficult incidents.

5. Departure of all armed formations from public places and passes, and these locations will be handed over to the police with a southern disposition.

6. Everyone has the right to partake in public services [jobs].

7. Cooperation to re-establish the conditions necessary to open the Sabha International Airport for passengers.

8. Treatment of those fallen from the two parties and equal treatment and consideration of martyrs.

9. Lifting the social protection of criminals from both sides.

Anyone who breaks the peace is responsible for their actions and their family must hand them over to justice.

10. Form a Joint Committee consisting of both sides to follow up implementation of the points of this reconciliation agreement.

11. All sides are committed to the implementation of all respective points of this agreement.

This agreement is followed by a detailed annex that is an integral part of the agreement.

And Allah is the guardian of harmony

Issued in Rome, Wednesday 29 March 2017 Al-Zaylawi Mina Salih Qilma

Sheikh of the Tebu Tribe

Al-Sanusi Mas’ud Amr

President of the Shurah Council of the Awlad Sulayman Tribe

M. Abd al-Salaam S’ad Kaajmaan

Deputy of the Presidential Council of the GNA

Mr. Marco Minetti

Foreign Minister of the Italian Republic

Source:

Libya Mustaqbal, ‘Reconciliation Agreement signed between the Tebu and Awlad Sulayman in the Italian Capital Rome’, 29 March 2017, http://bit.ly/2F1muhl

[Unofficial translation by R Forster]