Reconciliation Agreement between the Zintan and Mashashiyya Tribes

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Reconciliation Agreement between the Zintan and Mashashiyya Tribes
Date: 18 May 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: Mashashiyya 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: -
Description: Agreement 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: LY_170518_Reconciliation Agreement between the Zintan and Mashashiyya Tribes_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_170518_Reconciliation Agreement between the Zintan and Mashashiyya Tribes_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: Groups→Racial/ethnic/national group→Substantive
Page 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 persons: Groups→Refugees/displaced persons→Substantive
Page 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 society: Page 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 leaders: Page 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/access: 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.
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 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 Guarantees: Page 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 forces: Page 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.
Mechanism: Page 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 persons: 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.
Reparations: Transitional justice→Reparations→Material reparations
Page 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.
Reconciliation: Page 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 mechanism: 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.
Related cases: No specific mention.
Source: 218 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]