Final Agreement between Zintan and Mashashiyya

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Final Agreement between Zintan and Mashashiyya
Date: 18 May 2017
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: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: The reconciliation committee is made up of the following areas: Wirfala, Tarhunah, Ghriyan, al- Qadhadhifah, Al Say’an, Al Rajbam, Jadu, al-Asabi’ah, Al Wijaibat, Al Fawalish, al-Hawamid, al- Zawiyyah, and the tribes of Barqah.

Agreement does not have signatories, but is approved by the head of the committee.
Third parties: -
Description: Agreement addresses the areas of al-Awinah, Awmar, Zawiyyah, al-Baqoul, and Mizdah between multiple tribes. Agreement provides for: (1) displaced persons; (2) opening and securing roads; (3) lifting of social cover; (4) reparation and reconstruction; (5) end of property conflicts by law; (6) investigation into killings and missing persons.

Agreement document: LY_170518_Final Agreement between Zintan and Mashashiyya_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_170518_Final Agreement between Zintan and Mashashiyya_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: Groups→Refugees/displaced persons→Substantive
Page 1, 1. The people of Awiyniya, Zawiyyat al-Baqoul, and Awmar shall remain in their homes, and the ones who are in other areas will leave those areas and return to their places of residence.

Page 1, 2. Those who were forcibly displaced from the city Mizdah will return to their homes from al- Zintan, al-Qintrar, al-Mashashiyyah, 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: 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: Page 1, 4. The roads that lead to and from the areas mentioned above will be secured, and there will
no longer be any barriers or detentions made based on identity by any of the parties.
Media and communication: No specific mention.
Mobility/access: Page 1, 4. The roads that lead to and from the areas mentioned above will be secured, and there will
no longer be any barriers or detentions made based on identity by any of the parties.

Page 1, 5. There shall be coordination with the security directorates in the neighboring areas to create
a security plan to secure the roads in coordination with the committees from all of the
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: Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice System
Page 2, 9. The Committee shall be responsible for looking into the cases of the killings, violations, and missing people based on the requests that are submitted to it by all parties.
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→Socio-economic development
Page 2, 7. The Reconciliation Committee shall be responsible for following up with the services,
maintenance, and compensation for the damages, as well as for removing the remnants of the fighting, in all of the areas that are mentioned with all of the official entities responsible for this through a committee that is formed for this purpose.
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, 5. There shall be coordination with the security directorates in the neighboring areas to create
a security plan to secure the roads in coordination with the committees from all of the
parties.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2,
8. The ongoing conflicts between the parties over lands and real estate in the city of Mizdah, al-Awiniya, and other areas shall be ended, and not expanded, based on the law and customs, and the Conflict Resolution Committee shall be tasked with this. Any party that does not adhere to the rulings of the committee during the specified time period set by the committee will have a ruling issued against them, and they shall be referred to the responsible official entities.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, 3. All armed manifestations in all of the areas of the conflict will be ended.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 3. All armed manifestations in all of the areas of the conflict will be ended.

Page 2, 10. None of the parties shall be allowed to bring in a force or other party and use them to attack the other parties to this agreement.
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: Page 2, 9. The Committee shall be responsible for looking into the cases of the killings, violations, and missing people based on the requests that are submitted to it by all parties.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2, 7. The Reconciliation Committee shall be responsible for following up with the services,
maintenance, and compensation for the damages, as well as for removing the remnants of the fighting, in all of the areas that are mentioned with all of the official entities responsible for this through a committee that is formed for this purpose.
Reconciliation: Page 1, In order to preserve the cohesion of the social fabric and to bring together our brothers and neighbours, who are all from the same nation, out of a desire to avoid further sedition and wars, and to preserve blood during this historic turning point, we are witnesses and supporters of the excellent position that was called for by the tribe of al-Mashashiyyah and the tribe of Al Zintan, and the surrounding areas and tribes. This position has been taken provide redress and repair the social fabric in order to bring back social peace and harmony for the coming generations and for all of Libya.

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 ongoing conflicts between the parties over lands and real estate in the city of Mizdah, al-Awiniya, and other areas shall be ended, and not expanded, based on the law and customs, and the Conflict Resolution Committee shall be tasked with this. Any party that does not adhere to the rulings of the committee during the specified time period set by the committee will have a ruling issued against them, and they shall be referred to the responsible official entities.
Related cases: No specific mention.
Source: Twitter, Qana’ Libya [Libya Channel], Final Agreement between al-Zintan and al- Mashashiyyah, 18 May 2017, https://twitter.com/LibyasChannel/status/865322431011053569

In the Name of Allah, Most Gracious, Most Merciful

And peace and blessings be upon our Prophet, the Messenger of Mercy from the Lord of the Worlds.

Based on His verse to “respond ‘to evil’ with that which is best, then the one you are in a feud with will be like a close friend.

But this cannot be attained except by those who are patient and who are truly fortunate.”

And his saying to “cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression.”

And the saying of the Prophet that “All of a Muslim is a prohibited for another Muslim, his blood, his property, and his honour.”

In order to preserve the cohesion of the social fabric and to bring together our brothers and neighbours, who are all from the same nation, out of a desire to avoid further sedition and wars, and to preserve blood during this historic turning point, we are witnesses and supporters of the excellent position that was called for by the tribe of al-Mashashiyyah and the tribe of Al Zintan, and the surrounding areas and tribes.

This position has been taken provide redress and repair the social fabric in order to bring back social peace and harmony for the coming generations and for all of Libya.

The reconciliation committee is made up of the following areas:

Wirfala, Tarhunah, Ghriyan, al-Qadhadhifah, Al Say’an, Al Rajbam, Jadu, al-Asabi’ah, Al Wijaibat, Al Fawalish, al-Hawamid, al-Zawiyyah, and the tribes of Barqah.

After rounds of talks with regards to the ongoing problem in the areas of al-Awinah, Awmar, Zawiyyah, al-Baqoul, and Mizdah between the tribes of Al Zintan, al-Mashashiyyah, [ILLEGIBLE], and the surrounding tribes, and after several calls from all of the sides and with authority from the tribes in conflict, this committee, which is made up of the aforementioned tribes, after studying the evidence surrounding the problem, along with the committees that were tasked and mandated by the concerned tribes,

Has reached the following agreement:

The people of Awiyniya, Zawiyyat al-Baqoul, and Awmar shall remain in their homes, and the ones who are in other areas will leave those areas and return to their places of residence.

Those who were forcibly displaced from the city Mizdah will return to their homes from al-Zintan, al-Qintrar, al-Mashashiyyah, and others.

All armed manifestations in all of the areas of the conflict will be ended.

The roads that lead to and from the areas mentioned above will be secured, and there will no longer be any barriers or detentions made based on identity by any of the parties.

There shall be coordination with the security directorates in the neighboring areas to create a security plan to secure the roads in coordination with the committees from all of the parties.

In the case that there are any hostilities or crimes that are committed by any of the members of groups from any of the parties to the dispute, the matter shall be limited to the perpetrator(s) of the crime, and they shall be handed over to an impartial entity that is agreed upon by the parties, or the reconciliation committee.

The parties pledge to not have an indiscriminate and irresponsible response, and there shall be no social protection to those that violate the rules.

The Reconciliation Committee shall be responsible for following up with the services, maintenance, and compensation for the damages, as well as for removing the remnants of the fighting, in all of the areas that are mentioned with all of the official entities responsible for this through a committee that is formed for this purpose.

The ongoing conflicts between the parties over lands and real estate in the city of Mizdah, al-Awiniya, and other areas shall be ended, and not expanded, based on the law and customs, and the Conflict Resolution Committee shall be tasked with this.

Any party that does not adhere to the rulings of the committee during the specified time period set by the committee will have a ruling issued against them, and they shall be referred to the responsible official entities.

The Committee shall be responsible for looking into the cases of the killings, violations, and missing people based on the requests that are submitted to it by all parties.

None of the parties shall be allowed to bring in a force or other party and use them to attack the other parties to this agreement.

We ask Allah for guidance and acceptance, and that he bless these efforts.

All praise be to Allah, the lord of the worlds.

Peace be upon you

Written on / /2017

Approved by the Head of the Committee

[SIGNED]