Agreement between Yafa’ tribes in Lahj and tribal leaders and local officials in Shabwah to protect roads connecting the governorates

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Country/entity: Yemen
Region: Middle East and North Africa
Agreement name: Agreement between Yafa’ tribes in Lahj and tribal leaders and local officials in Shabwah to protect roads connecting the governorates
Date: 17 Nov 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Yemeni Civil Wars (1994) (2011 - )
The Republic of Yemen was formed in May 1990 after the merger between the Yemeni Arab Republic (YAR) in the north and the People’s Democratic Republic of Yemen (PDRY) in the south. The unification process was rushed and the final agreement between President Ali Abdullah Saleh and President Ali Salem al-Beidh was based on the imperfect promise of equality. Following the merger, integration of the militaries and civil services was at best incomplete or at times entirely non-existent. When Saleh’s General Congress Party (GPC) allied itself with the newly created Islamist Islah (‘reform’) party in 1993, the former ruling party of South Yemen – the Yemen Socialist Party (YSP) – was effectively side-lined in the 1993 General Elections. Violence involving the use of heavy weaponry and aerial bombardment erupted in April 1994 and on the 21 May 1994 Vice President al-Beidh declared the secession of the south, citing political centralization with the northern highland tribes, violence against the YSP and economic discrimination. In the midst of fighting, negotiations in Cairo, Egypt, collapsed. The war ended with the military victory of the north, and on the 1 October 1994, Ali Abdullah Saleh was elected President.

Despite the unification of Yemen in 1990, political power during the 1990s and 2000s remained centralized with the northern highland tribes, particularly the villages from which President Ali Abdullah Saleh and his confidants stemmed. The system of clientelism established through the ruling General People’s Congress party maintained relative loyalty among the fractured political allegiances of Yemen’s traditional tribal leadership. However, diminishing oil reserves and the shrinking opportunities for access to rent increased economic and political marginalization in Yemen’s peripheral communities. The degree of regionalism of conflicts is further defined by other local grievances. In the northern governorate of Sa’dah, a backlash was provoked among the local Zaydi Shi’a against Sunni Salafist cultural incursions resulting in six wars between 2004 and 2010. In the southern governorates of Hadramawt, Shabwa, al-Dhali and Abyan, civil and military personnel forcibly retired after the 1994 Civil War began protesting and eventually formed the secessionist Southern ‘al-Hiraak’ movement in 2007. Furthermore, tribal grievances have spurred attacks on oil companies and government installations to extract rents. Various takfiri groups including al-Qaeda in the Arabian Peninsula have also increased their presence since 1995.

The Yemen Spring in early 2011 allowed all these movements to express their joint displeasure. Moreover, factionalism in the regime split the already weak military and thus allowed the Houthis, the takfiris and tribal-based militia known as popular committees, to assert themselves militarily. Mandated by the UN-sponsored Gulf Cooperation Council Initiative, the National Dialogue held from March 2013 to January 2014 aimed at guaranteeing power-sharing among the different parties. However, the GCC Initiative only included formal political parties that did not accurately reflect political realities. Furthermore, provisions lacked adequate transitional justice and provided former-President Saleh, as well as others, full amnesty. As a result, little faith was placed in the process by formerly marginalized groups such as the Zaydi Shia Houthi rebels (Ansar Allah) and al-Hiraak who opted to increase their bargaining power vis-à-vis the state by strengthening their own territorial enclaves. In September 2014 the Houthis succeeded in capturing the capital Sana’a and gradually expanded their control southward. The subsequent UN-mediated Peace and National Partnership Agreement between transitional president Hadi and the Houthis on a federal, democratic Yemeni state, failed to be implemented as the Houthis successfully dissolved the parliament and deposed Hadi in January 2015. Following the Saudi military intervention to restore the Hadi government in March 2015, ceasefire attempts continuously failed. A two-year deadlock ensued until negotiations between the Houthis and the government of Yemen finally culminated in the Stockholm Agreement in December 2018. However, throughout 2019 the Saudi-led coalition continues to launch airstrikes. Furthermore, in May 2017 the Southern al-Hiraak movement had declared the secessionist formation of the Southern Transitional Council (STC), seizing the interim-capital Aden by January 2018. Territorial divisions between the Yemeni government, the Houthis, forces affiliated with Saudi Arabia and the United Arab Emirates, local militias and tribes have continued to fracture the country.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Yemen Inter-group Agreements
Parties: Yafa'ai tribes of Lahj, tribal groups in Shabwah and local officials from both Lahj and Shabwah
Third parties: -
Description: Short inter-tribal agreement providing for the protection of major highway routes connecting both Lahj and Shabwah governorates and other key access points in areas in surrounding governorates. The agreement addresses targeted conflict acts on the roads against travellers, calling for the handover of wanted persons involved in historic and ongoing acts and provides for committees to investigate these acts. There are also substantive measures to counter society or either of the signing tribes providing social cover for armed actors who have committed conflict acts on the roads.

Agreement document: YE_161117_Agreement between Yafa’ tribes in Lahj and tribal leaders and local officials in Shabwah to protect roads connecting the governorates_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): YE_161117_Agreement between Yafa’ tribes in Lahj and tribal leaders and local officials in Shabwah to protect roads connecting the governorates_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, After the arrival of a delegation of Yafa’ tribes to the city of Ataq, Shabwah on 14/11/2016, and their reception by a number of sheikhs and tribes of Shabwa, several meetings were held between the sheikhs of Yafa’ and a number of sheikhs of Shabwa, and its local leadership represented by the governor and the director of security, and others, and informing them about Yafa’s charge and its tribal lawsuit according to customs and past tribal practices, and on Thursday the 12th of Safar 1438 AH corresponding to 17/11/2016, it was agreed on the following: -

Page 2, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

6 - Sheikh Ali Mohsen Al Sulaimani and Brigadier General Mahmoud Muthanna were appointed to follow-up the case's procedures with the joint criminal investigation crew.
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: Page 1, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

After the arrival of a delegation of Yafa’ tribes to the city of Ataq, Shabwah on 14/11/2016, and their reception by a number of sheikhs and tribes of Shabwa, several meetings were held between the sheikhs of Yafa’ and a number of sheikhs of Shabwa, and its local leadership represented by the governor and the director of security, and others, and informing them about Yafa’s charge and its tribal lawsuit according to customs and past tribal practices, and on Thursday the 12th of Safar 1438 AH corresponding to 17/11/2016, it was agreed on the following: -

Page 1, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

3 - Whoever is proven to have been involved in such acts, the tribe to which he belongs must hand him over to the authorities and not cover up for him, to carry out the penalty following Allah's law, which indicates that the blood [the killing] of the bandit is permissible.

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: Page 2, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

4- The local, military, and security authority leadership in Shabwa governorate is committed to secure the public route that goes through Ataq, which was suspended according to the decision of the Security Committee at its meeting held on 16/12/2016 and fighting bandits.

5 - The people of Shabwa and Yafa’ affirm the continuation, and strengthening, of the bonds of friendships, brotherhood, and respect, and to work together to encounter hostile and intruding acts and events on our society that damage brotherhood ties and undermine the security and the stability of the community.
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: Page 1, The subject: agreement on the robbery and criminal activities on the Al-Abra highway, the last of which was the killing of the martyr Anis Abd al-Rab alAntari and the severe injury of two others on 31/10/2016, and the past outlaw acts of the sons of Yafa’ and others and initiating formal procedures.

Page 1, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

1 - The people of Shabwah and Yafa’, authorities and the tribes, recognize that they are one hand against those who carry out outlaw acts, looting, and killing on the highway mentioned above and all public roads.

2 - The people of Shabwa, authorities and the tribes, are committed to chase the suspects of outlaw acts and robbery, and not to harbour any wanted person, and any tribe that refuses to hand over wanted persons or harbour them, they are [considered] rivals of the Shabwa and Yafa’ tribes, and the authority is not exempt from carrying out its duty to chase the suspects and arrest them.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 1, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

2 - The people of Shabwa, authorities and the tribes, are committed to chase the suspects of outlaw acts and robbery, and not to harbour any wanted person, and any tribe that refuses to hand over wanted persons or harbour them, they are [considered] rivals of the Shabwa and Yafa’ tribes, and the authority is not exempt from carrying out its duty to chase the suspects and arrest them.

3 - Whoever is proven to have been involved in such acts, the tribe to which he belongs must hand him over to the authorities and not cover up for him, to carry out the penalty following Allah's law, which indicates that the blood [the killing] of the bandit is permissible.
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 2, The subject: agreement on the robbery and criminal activities on the Al-Abra highway...

6 - Sheikh Ali Mohsen Al Sulaimani and Brigadier General Mahmoud Muthanna were appointed to follow-up the case's procedures with the joint criminal investigation crew.
Related cases: No specific mention.
Source: http://www.yafa-news.net/archives/214143

In the Name of Allah, the Most Beneficent, the Most Merciful

18/Safar/1438

Praise be to Allah who said (And cooperate in righteousness and piety, but do not cooperate in sin and aggression) and blessings and peace be upon the Messenger of Allah who says ((The blood, wealth and honour of the Muslim are sacred to all Muslims)) and after:

The subject:

agreement on the robbery and criminal activities on the Al-Abra highway, the last of which was the killing of the martyr Anis Abd al-Rab alAntari and the severe injury of two others on 31/10/2016, and the past outlaw acts of the sons of Yafa’ and others and initiating formal procedures.

After the arrival of a delegation of Yafa’ tribes to the city of Ataq, Shabwah on 14/11/2016, and their reception by a number of sheikhs and tribes of Shabwa, several meetings were held between the sheikhs of Yafa’ and a number of sheikhs of Shabwa, and its local leadership represented by the governor and the director of security, and others, and informing them about Yafa’s charge and its tribal lawsuit according to customs and past tribal practices, and on Thursday the 12th of Safar 1438 AH corresponding to 17/11/2016, it was agreed on the following:

1 - The people of Shabwah and Yafa’, authorities and the tribes, recognize that they are one hand against those who carry out outlaw acts, looting, and killing on the highway mentioned above and all public roads.

2 - The people of Shabwa, authorities and the tribes, are committed to chase the suspects of outlaw acts and robbery, and not to harbour any wanted person, and any tribe that refuses to hand over wanted persons or harbour them, they are [considered] rivals of the Shabwa and Yafa’ tribes, and the authority is not exempt from carrying out its duty to chase the suspects and arrest them.

3 - Whoever is proven to have been involved in such acts, the tribe to which he belongs must hand him over to the authorities and not cover up for him, to carry out the penalty following Allah's law, which indicates that the blood [the killing] of the bandit is permissible.

4- The local, military, and security authority leadership in Shabwa governorate is committed to secure the public route that goes through Ataq, which was suspended according to the decision of the Security Committee at its meeting held on 16/12/2016 and fighting bandits.

5 - The people of Shabwa and Yafa’ affirm the continuation, and strengthening, of the bonds of friendships, brotherhood, and respect, and to work together to encounter hostile and intruding acts and events on our society that damage brotherhood ties and undermine the security and the stability of the community.

6 - Sheikh Ali Mohsen Al Sulaimani and Brigadier General Mahmoud Muthanna were appointed to follow-up the case's procedures with the joint criminal investigation crew.

7 – [Illegible]