Agreement regarding the Exchange of Prisoners, Detainees, Remains and Missing Persons

  • Country/entity
    Yemen
  • Region
    Middle East and North Africa
  • Agreement name
    Agreement regarding the Exchange of Prisoners, Detainees, Remains and Missing Persons
  • Date
    18 Jan 2018
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Yemeni Civil Wars (1994) (2011 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Yemen Inter-group Agreements
  • Parties
    First 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
    -
  • Description
    This 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.


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 release
    Page 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.

  • Victims
    Page 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.

  • Source
    Al-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]