Reconciliation Agreement between the Zintan and Mashashiyya Tribes
- Country/entityLibya
- RegionMiddle East and North Africa
- Agreement nameReconciliation Agreement between the Zintan and Mashashiyya Tribes
- Date18 May 2017
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/local conflict ()
- StageFramework/substantive - partial
- Conflict natureInter-group
- Peace processLibyan local processes
- PartiesMashashiyya Tribe[13 signatories]
Reconciliation Council [4 signatories]
Zintan Tribe [9 signatories]
Al-Qantrar [7 signatories]
Neighbouring Areas [3 signatories]
The reconciliation council is comprised of:
Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes. - Third parties-
- DescriptionAgreement made between tribal parties, elders and reconciliation council regarding refugee return to and from specified locations; the removal of armed groups; the opening of roads; the hand over of wanted persons in accordance with law. In addition, the agreement specified the tasks of the Reconciliation Council, including missing persons, trial, investigation into misdeeds and 'blood'. The agreement is considered violated if one party allies themselves with another third party for the purpose of attacking the other party to this agreement.
- Agreement document (original language)
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→SubstantivePage 1, In order to preserve the cohesion of the social fabric and to fix the rift between brothers, neighbours and siblings in one nation, and in the desire to avoid more strife, wars and bloodshed, we stand today at this historic milestone to witness and to assist the sensible position called for by the Mashashiyya and Zintan tribes as well as those other tribes around them (to rise above injury and return kinship and repair the rift so that tranquillity and peace may return to Libya.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 1, 1. The people of al-‘Awiniyya, Zawiyya al-Baqul and ‘Umur remain in their homes, with the return of incomers from other regions back to their place of origin.
Page 1, 2. Return of emigrants from Mizda to their homes from Zintan, Quntrar, Mashashiyya and others. - 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)
No specific mention.
- 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 societyPage 1, The reconciliation council is comprised of:
Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes. - Traditional/religious leadersPage 1, The reconciliation council is comprised of:
Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes.
Page 2, 8. The settling of the current conflict between the parties on the lands and properties of the town Mizda and other areas, not going beyond what is in conformity with shariah, traditional authority, and the mandate of the council to settle the conflict. Any party that does not submit to the view of the council during the period defined by the council will have a ruling issued against them, and will be turned over to the competent authorities. - 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
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/accessPage 1, 4. Securing the roads leading in and out of the mentioned places, and ensuring that no checkpoints are established.
Page 1, 5. Coordination with security directorates in the bordering regions to put in place a plan to secure the roads in coordination with the councils from all parties. - 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 LawsPage 2, 8. The settling of the current conflict between the parties on the lands and properties of the town Mizda and other areas, not going beyond what is in conformity with shariah, traditional authority, and the mandate of the council to settle the conflict. Any party that does not submit to the view of the council during the period defined by the council will have a ruling issued against them, and will be turned over to the competent authorities.
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 GuaranteesPage 1, 3. Concealment of all provocative, armed presences in all conflict zones.
Page 1, 4. Securing the roads leading in and out of the mentioned places, and ensuring that no checkpoints are established.
Page 1, 5. Coordination with security directorates in the bordering regions to put in place a plan to secure the roads in coordination with the councils from all parties.
Page 2, 10. The introduction of any power or other party for their use in the attacking of any other parties is not permissible to any party. - 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 forcesPage 1, 6. In the case of any act of aggression or criminal act by any individual or group from the quarreling parties, the case against the offender or offenders will be determined and they will be handed over to a neutral agency agreed-upon by the parties, or to the reconciliation council given that the parties pledged not [to engage] in indiscriminate and random retaliation with the raising of social coverage from the defectors.
Page 2, 10. The introduction of any power or other party for their use in the attacking of any other parties is not permissible to any party. - 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.
- MechanismPage 2, 7. The reconciliation council takes charge of the matters of services, maintenance, compensation for damages, and removing the remnants of the war in all aforementioned areas under the remit of the official agencies through a council formed for this purpose.
Page 2, 9. The council undertake an inspection into the matters of blood, misdeeds and missing persons in accordance with the demands presented by all parties. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing personsPage 2, 9. The council undertake an inspection into the matters of blood, misdeeds and missing persons in accordance with the demands presented by all parties.
- ReparationsTransitional justice→Reparations→Material reparationsPage 2, 7. The reconciliation council takes charge of the matters of services, maintenance, compensation for damages, and removing the remnants of the war in all aforementioned areas under the remit of the official agencies through a council formed for this purpose.
- ReconciliationPage 2, 7. The reconciliation council takes charge of the matters of services, maintenance, compensation for damages, and removing the remnants of the war in all aforementioned areas under the remit of the official agencies through a council formed for this purpose.
Page 2, 9. The council undertake an inspection into the matters of blood, misdeeds and missing persons in accordance with the demands presented by all parties.
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 mechanismPage 2, 8. The settling of the current conflict between the parties on the lands and properties of the town Mizda and other areas, not going beyond what is in conformity with shariah, traditional authority, and the mandate of the council to settle the conflict. Any party that does not submit to the view of the council during the period defined by the council will have a ruling issued against them, and will be turned over to the competent authorities.
- Related cases
No specific mention.
- Source218 TV.net, ‘Reconciliation agreements signed between the Mashashiyya and Zintan Tribes’, 18 May 2017, https://bit.ly/2qWWufJ
In the name of Allah, the Beneficent, the Merciful Blessings and peace on our noble prophet and envoy of Allah, guided by the Almighty.
“Repel [evil] by that [deed] which is better;
and thereupon the one whom between you and him is enmity [will become] as though he was a devoted friend.
But none is granted it except those who are patient, and none is granted it except one having a great portion [of good].” [
Surat Fussilat 34]
And the Almighty said:
“And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [
Surat al-Maidah 2]
And he, peace by upon him, said:
“The whole of a Muslim is inviolable for another Muslim:
his blood, his property, and his honour.” [
Hadith Nawawi 35]
In order to preserve the cohesion of the social fabric and to fix the rift between brothers, neighbours and siblings in one nation, and in the desire to avoid more strife, wars and bloodshed, we stand today at this historic milestone to witness and to assist the sensible position called for by the Mashashiyya and Zintan tribes as well as those other tribes around them (to rise above injury and return kinship and repair the rift so that tranquillity and peace may return to Libya.
The reconciliation council is comprised of:
Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes.
After rounds of communication regarding the current problem in the region of al-‘Awiniyya, ‘Umur, and Zawiyya al-Baqu between the Zintan, the Mashashiyya, the Quntrar and tribes bordering al- ‘Awiniyya, and numerous calls with all parties, with a mandate from the warring tribes to the council comprised of the afore-mentioned tribes, and after examination of all circumstances surrounding this problem with the councils entrusted and authorized by the relevant tribes, the reconciliation council reached consensus on the following agreement:
1. The people of al-‘Awiniyya, Zawiyya al-Baqul and ‘Umur remain in their homes, with the return of incomers1 from other regions back to their place of origin.
2. Return of emigrants from Mizda to their homes from Zintan, Quntrar, Mashashiyya and others.
3. Concealment of all provocative, armed presences in all conflict zones.
4. Securing the roads leading in and out of the mentioned places, and ensuring that no checkpoints are established.
5. Coordination with security directorates in the bordering regions to put in place a plan to secure the roads in coordination with the councils from all parties.
6. In the case of any act of aggression or criminal act by any individual or group from the quarreling parties, the case against the offender or offenders will be determined and they will be handed over to a neutral agency agreed-upon by the parties, or to the reconciliation council given that the parties pledged not [to engage] in indiscriminate and random retaliation with the raising of social coverage from the defectors.
7. The reconciliation council takes charge of the matters of services, maintenance, compensation for damages, and removing the remnants of the war in all aforementioned areas under the remit of the official agencies through a council formed for this purpose.
8. The settling of the current conflict between the parties on the lands and properties of the town Mizda and other areas, not going beyond what is in conformity with shariah, traditional authority, and the mandate of the council to settle the conflict.
Any party that does not submit to the view of the council during the period defined by the council will have a ruling issued against them, and will be turned over to the competent authorities.
9. The council undertake an inspection into the matters of blood, misdeeds and missing persons in accordance with the demands presented by all parties.
10. The introduction of any power or other party for their use in the attacking of any other parties is not permissible to any party.
Signatures:
Mashashiyya Tribe[13 signatories]
Reconciliation Council [4 signatories]
Zintan Tribe [9 signatories]
Al-Qantrar [7 signatories]
Neighbouring Areas [3 signatories]