Fezzan Humanitarian Agreement

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Fezzan Humanitarian Agreement
Date: 16 Jun 2016
Agreement status: Status unclear
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: Pre-negotiation/process
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: -
Third parties: The Community of Sant'Egidio [signed];
[11 additional signatories]
Description: Agreement underscores the need to secure access for humanitarian aid, particularly to health centers in eight cities, and leverages this need as a confidence building measure between signatories. Mediated by the Community of Sant’Egidio.

Agreement document: LY_160616_Fezzan Humanitarian Agreement mediated by Sant'Egidio_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_160616_Fezzan Humanitarian Agreement mediated by Sant'Egidio.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, So, we will do everything we can, and we will work together as one, to facilitate the access of aid, in full, to the whole population, without any discrimination and with justice in distribution, giving priority to the most vulnerable groups, like children, women, and the elderly.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Rhetorical
Page 1, So, we will do everything we can, and we will work together as one, to facilitate the access of aid, in full, to the whole population, without any discrimination and with justice in distribution, giving priority to the most vulnerable groups, like children, women, and the elderly.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Rhetorical
Page 1, Out of an understanding of the importance of this step to build confidence and coordinate between the tribes and cities, we commit to determining future steps and initiatives that aim to decrease and end the suffering of the people.

Page 1, We value the role of the Community of Sant'Egidio in mediating so that a serious and transparent dialogue can be held and providing a chance for confidence building and coordination to reach a reconciliation between the different tribes and cities in southern Libya. We also value their commitment to continue these efforts until comprehensive stability and a lasting peace are reached in Libya.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, So, we will do everything we can, and we will work together as one, to facilitate the access of aid, in full, to the whole population, without any discrimination and with justice in distribution, giving priority to the most vulnerable groups, like children, women, and the elderly.
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: [summary] agreement facilitated by the The Community of Sant'Egidio

Page 1, We value the role of the Community of Sant'Egidio in mediating so that a serious and transparent dialogue can be held and providing a chance for confidence building and coordination to reach a reconciliation between the different tribes and cities in southern Libya. We also value their commitment to continue these efforts until comprehensive stability and a lasting peace are reached in Libya.
Traditional/religious leaders: No specific mention.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, So, we will do everything we can, and we will work together as one, to facilitate the access of aid, in full, to the whole population, without any discrimination and with justice in distribution, giving priority to the most vulnerable groups, like children, women, and the elderly.

Page 1, The first urgent and necessary step is to get the emergency aid to the health centers in the cities of Ubari, Brak Al Shatii, Traghan, Sabha, Ghat, Qatrun, Murzuk, and Hun. We will work on and monitor their delivery, in full, to all of the locals. We will present ourselves as facilitators to bring attention to the needs of these centers from the Libyan authorities, the international community, international organizations and agencies providing humanitarian aid, and donor countries.
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: 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: No specific mention.
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: No specific mention.
Related cases: No specific mention.
Source: Community of Sant Egidio. Available at https://www.santegidio.org/pageID/30256/langID/en/itemID/860/Libya-The-humanitarian-agreement-for-the-region-of-Fezzan-signed-at-Sant-Egidio-on-June-16th-2016-Arabic-text.html (Accessed on January 8 2020, archived on WaybackMachine).

“And cooperate in righteousness and piety, but do not cooperate in sin and aggression.

And fear Allah;

indeed, Allah is severe in penalty.”

We, the undersigned people of southern Libya who are gathered here in the headquarters of Community of Sant'Egidio in Rome, out of an understanding of the catastrophic conditions that the Libyan people are living in, express our deep concern for the people of Fezzan and their suffering from deteriorating humanitarian conditions.

So, we will do everything we can, and we will work together as one, to facilitate the access of aid, in full, to the whole population, without any discrimination and with justice in distribution, giving priority to the most vulnerable groups, like children, women, and the elderly.

The first urgent and necessary step is to get the emergency aid to the health centers in the cities of Ubari, Brak Al Shatii, Traghan, Sabha, Ghat, Qatrun, Murzuk, and Hun.

We will work on and monitor their delivery, in full, to all of the locals.

We will present ourselves as facilitators to bring attention to the needs of these centers from the Libyan authorities, the international community, international organizations and agencies providing humanitarian aid, and donor countries.

Out of an understanding of the importance of this step to build confidence and coordinate between the tribes and cities, we commit to determining future steps and initiatives that aim to decrease and end the suffering of the people.

We value the role of the Community of Sant'Egidio in mediating so that a serious and transparent dialogue can be held and providing a chance for confidence building and coordination to reach a reconciliation between the different tribes and cities in southern Libya.

We also value their commitment to continue these efforts until comprehensive stability and a lasting peace are reached in Libya.

Rome, 16 June 2016

Signatures:

[11 signatures below]

•

The Community of Sant'Egidio

• [Signed]