Reconciliation Agreement between the Zintan and Mashashiyya Tribes

  • 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 - ) )
  • 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.


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]