Agreement regarding the Exchange of Prisoners, Detainees, Remains and Missing Persons
- Country/entityYemen
- RegionMiddle East and North Africa
- Agreement nameAgreement regarding the Exchange of Prisoners, Detainees, Remains and Missing Persons
- Date18 Jan 2018
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/local conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processYemen Inter-group Agreements
- PartiesFirst Party Represented by
Mr. Zia-ul-Haq Idris Munawar Al-Ahdal
Resistance Coordination Council (Paradise of Prisoners) of Taiz Governorate - (described in agreement text as 'Representative of the Prisoners Committee of the Governorate of Ta’iz')
Second Party Represented by
Mr. Abdelqader Hassan Al-Mortada
Chairman of the National Committee Prisoners Affairs & Missing Persons - (described in the agreement text as 'Representative of the Prisoners Committee of Sana’a') - Third parties-
- DescriptionThis is a short but detailed and comprehensive exchange agreement between the Houthi (Ansar Allah) affiliated National committee for Prisoners and the Taiz governorate committee for prisoners. The agreement sets out provisions for exchanging firstly the names and information around detained prisoners as part of an extensive exchange of fighters from conflict across the governorates of Taiz and Ibb. It also provides for the exchange of information and names regarding the dead, including places of burial and exchange of any other information regarding remains.
- Agreement document
- 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 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
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
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
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 releasePage 1, 3 - The two sides commit to providing statements containing the names of all prisoners and detainees [captured] at the battle fronts or detained outside of the conflict area in any of the governorates in the Republic of Yemen by the people from the two governorates of Ta’iz and Ibb. [This also applies] to those captured or detained on the fronts of the two provinces of Ta’iz and Ibb. These will be presented by each side without withholding any of the names.
4- The two sides commit to everyone working towards and seeking to conduct the exchange process of all the prisoners without withholding any of them.
Page 1, 5- This agreement includes all captured on the battle fronts in the two governorates of Ta’iz and Ibb or detained by the two sides from [among] the people of the two governorates. [This applies] whether it was because of political or regional affiliation or because of accusations of collaboration with one of the sides during current events.
Page 1, 7- The agreement excludes those captured in the areas of Dabab, Bab al-Mandab, al-Mocha, alWazi'iyah and Karash
8- Excluded from the agreement are the prisoners from the people of Ta’iz and Ibb captured on other fronts not in the two governorates.
9- The agreement includes all prisoners and detainees from the people of the governorates of Ta’iz and Ibb captured during current events, except for those who are residents of other governorates.
10- The two sides have agreed that the exchange will be comprehensive for all prisoners, detainees and abductees without considering the total number in the exchange or the numbers during the exchange.
Page 1, 12- The two sides have agreed that any prisoner or detainee whose name has been withheld and undisclosed by any of the sides - when the other side can prove it - will be released unconditionally. The implementation of this will be under the supervision of the selected
guarantors. - Vetting
No specific mention.
- VictimsPage 1, Page 1, 5- This agreement includes all captured on the battle fronts in the two governorates of Ta’iz and Ibb or detained by the two sides from [among] the people of the two governorates. [This applies] whether it was because of political or regional affiliation or because of accusations of collaboration with one of the sides during current events.
6- The two sides agree that each side will provide special announcements with the names of those who died or killed on both sides as well as the names of those buried including the areas of burial, the numbers of buried, the bodies analysed during the war whose names are unknown, as well as the number of unidentified the location of their remains.
Page 1, 10- The two sides have agreed that the exchange will be comprehensive for all prisoners, detainees and abductees without considering the total number in the exchange or the numbers during the exchange - 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.
- SourceAl-Yaman al-Arabi. ‘Items of agreement between the Taiz Resistance and the Houthis on the matter of exchanging prisoners and missing persons’, 18 January 2018,
http://www.elyamnelaraby.com/251305
Agreement regarding the Exchange of Prisoners, Detainees, Remains and Missing Persons
According to the words of His Excellency Al-Sālih al-Khamir and our Commander His Highness Muhammad Sala Āllah and His Highness Salīm Watada about the honest desire of the two sides for cooperation according to the will of Almighty Allah;
as well as of his men and companions for cooperation in regards to the prisoners and detainees and the desire for communication and consultation through the brokers over the past period.
After consultation through the brokers, the two sides have agreed on the following:
1- The two sides agree that ‘Abd al-Tayif Āhmad Sālih al-Murādī and Bisām Āhmad al-Briq are the brokers between the two sides in this agreement.
2- This agreement is considered as ethically, humanely and religiously binding for the two sides.
It is not permitted to diverge from that which is stated within or from implementing its principles.
3- The two sides commit to providing statements containing the names of all prisoners and detainees [captured] at the battle fronts or detained outside of the conflict area in any of the governorates in the Republic of Yemen by the people from the two governorates of Ta’iz and Ibb. [
This also applies] to those captured or detained on the fronts of the two provinces of Ta’iz and Ibb.
These will be presented by each side without withholding any of the names.
4- The two sides commit to everyone working towards and seeking to conduct the exchange process of all the prisoners without withholding any of them.
They also pledge that the signing of this agreement is a true pledge to Allah and that clarification and credibility are the basis of this agreement and its implementation.
5- This agreement includes all captured on the battle fronts in the two governorates of Ta’iz and Ibb or detained by the two sides from [among] the people of the two governorates. [
This applies] whether it was because of political or regional affiliation or because of accusations of collaboration with one of the sides during current events.
6- The two sides agree that each side will provide special announcements with the names of those who died or killed on both sides as well as the names of those buried including the areas of burial, the numbers of buried, the bodies analysed during the war whose names are unknown, as well as the number of unidentified the location of their remains.
7- The agreement excludes those captured in the areas of Dabab, Bab al-Mandab, al-Mocha, al-Wazi'iyah and Karash.
[First page signed by three parties]
8- Excluded from the agreement are the prisoners from the people of Ta’iz and Ibb captured on other fronts not in the two governorates.
9- The agreement includes all prisoners and detainees from the people of the governorates of Ta’iz and Ibb captured during current events, except for those who are residents of other governorates.
10- The two sides have agreed that the exchange will be comprehensive for all prisoners, detainees and abductees without considering the total number in the exchange or the numbers during the exchange.
11- Each side will provide two guarantors to implement the items stipulated in this agreement.
12- The two sides have agreed that any prisoner or detainee whose name has been withheld and undisclosed by any of the sides - when the other side can prove it - will be released unconditionally.
The implementation of this will be under the supervision of the selected guarantors.
13- The two sides have agreed to nominate the following representatives for the implementation of this agreement:
[Illegible signature and stamp], Representative of the Prisoners Committee of Sana’a
[Illegible signature and stamp], Representative of the Prisoners Committee of the Governorate of Ta’iz and those who belong to it and those who bring the implementation of its principles
The two sides signed the agreement and agree to implement the issues addressed within.
Allah is the Conciliator and the Wise
[Illegible Signature] [Illegible Signature]