Draft agreement of Western Tribal elders on the battle of al-Zawiyya

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Draft agreement of Western Tribal elders on the battle of al-Zawiyya
Date: 31 Jan 2016
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: Ceasefire/related
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: Reconciliation Committee;

High Council for Reconciliation of Kiklah, Jadu, al-Waritah, al-Qitharah, al-Qisar, al-Ziwarah, al-Jamil, Sarman, Sibratah, Raqdalin, Zultan, al-‘Ajilat, al- Mashashiyya, al-Say’an, al-Juwamid, Hakma’, ‘Ain Zarah, and al-Islaba’ah.
Third parties: -
Description: Short ceasefire agreement calling for a ceasefire and the handover of wanted persons according to law (of the lifting of social cover of those persons). The copy of the agreement is not signed, nonetheless it states that the points were agreed.

Agreement document: LY_161031_Draft agreement of Western Tribal elders on Zawiyyah_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_161031_Draft agreement of Western Tribal elders on Zawiyyah_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: No specific mention.
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): 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: No specific mention.
Traditional/religious leaders: Page 1, ... A group of dignitaries and elders from the tribes of al-Zawiyyah ...
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: 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: 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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. There will be an immediate ceasefire between all believers.
Security sector→Ceasefire→General commitments
Page 1, 3. All tribes commit to not fight among themselves.
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, 2. The handover of wanted persons by all the tribes in al-Zawiyyah in accordance with a legal arrest warrant. Wanted persons are delivered to the competent authorities. In those cases where a handover is not possible, the social cover of killers will be lifted [by the tribes]
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: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

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 1, 4. A committee will be formed consisting of all the tribes of al-Zawiyyah to follow up on the implementation on the terms of this agreement.
Related cases: No specific mention.
Source: Source: Aywan Libya, Aywan Libya publishes the points of the draft agreement between the elders of the Western tribes on the matter of the battle of al-Zawiyyah, 31 October 2016, http://ewanlibya.ly/news/news.aspx?id=65407

Draft Agreement between the Elders of the Western Tribes on the Battle of al-Zawiyyah

In the name of Allah, the Beneficent, the Merciful

On Monday, October 31, 2016, in the city of al-Zawiyyah al-‘Amarah, the Reconciliation Committee was informed by the High Council for Reconciliation of Kiklah, Jadu, al-Waritah, al-Qitharah, al-Qisar, al-Ziwarah, al-Jamil, Sarman, Sibratah, Raqdalin, Zultan, al-‘Ajilat, al- Mashashiyya, al-Say’an, al-Juwamid, Hakma’, ‘Ain Zarah, and al-Islaba’ah.

A group of dignitaries and elders from the tribes of al-Zawiyyah met and it was agreed by the attendees from each tribe that:

1. There will be an immediate ceasefire between all believers.

2. The handover of wanted persons by all the tribes in al-Zawiyyah in accordance with a legal arrest warrant.

Wanted persons are delivered to the competent authorities.

In those cases where a handover is not possible, the social cover of killers will be lifted [by the tribes]

3. All tribes commit to not fight among themselves.

4. A committee will be formed consisting of all the tribes of al-Zawiyyah to follow up on the implementation on the terms of this agreement.