Reconciliation Charter between Tebu and Zway Tribes from Kufra

  • Country/entity
    Libya
  • Region
    Middle East and North Africa
  • Agreement name
    Reconciliation Charter between Tebu and Zway Tribes from Kufra
  • Date
    20 Feb 2018
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Libyan Conflicts (1969 - 1994) (2011 - ) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Inter-group
  • Peace process
    Libyan local processes
  • Parties
    No signatures
  • Third parties
    -
  • Description
    Agreement sets out key principles for reconciliation that include freedom of movement, individual accountability for crimes, and equal access to services without discrimination.


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    Page 3, Affirm the following fundamental principles:
    • Women and youth have a key role to play in reconciliation and need to be
    involved in any reconciliation process to ensure a lasting peace,
    Groups→Children/youth→Substantive
    Page 3, Responsibility of State
    • Ensure education to all citizens in Kufra, expedite access to university by all students to pursue their education and ensure provision of qualified teachers to work in the city,

    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Disabled persons

    No specific mention.

  • Elderly/age
    Groups→Elderly/age→Substantive
    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Rhetorical
    Page 2, Affirm the following fundamental principles:
    • Tribes are a social umbrella only, and should remain away from any political
    position or military agenda,
    ...
    • Tribes outside of Kufra, as well as neighbouring states, should not interfere in our daily lives unless for doing good,
    ...
    • Hate speech and incitation to war, violence, and discrimination should be rejected by all actors,

    Page 3, Affirm the following fundamental principles:
    • Armed groups should not be affiliated with any tribal component in Kufra, and
    security should be provided in a neutral manner to all,
    • Municipalities and public services such as education, health, transportation, and
    other public facilities should stay away from tribal, ethnic or political affiliations,
    Groups→Racial/ethnic/national group→Anti-discrimination
    Page 2, Affirm the following fundamental principles:
    • There should be no discrimination on the basis of race, tribe, political affiliation, or any other criteria,

    Page 3, Affirm the following fundamental principles:
    • There should be no collective stigmatization based on tribal or ethnic origins, and accordingly all crimes should be treated on a strictly individual basis only,
    ...
    • Attributing political or civil positions based on tribal affiliations should not be allowed,
    • Public positions should be allocated on the sole basis of experience and
    competence, and not based on tribal origins.
    Groups→Racial/ethnic/national group→Substantive
    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    - Advocate for peace and reconciliation between both tribes,
    ...
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups
    Groups→Other groups→Substantive
    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 1, Preface
    Reaffirming the importance of women in peace processes, praising their pivotal role in stabilizing our communities and bearing in mind that they are too often the first victims of our conflicts,

    Page 3, Affirm the following fundamental principles:
    • Women and youth have a key role to play in reconciliation and need to be
    involved in any reconciliation process to ensure a lasting peace,

    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1, Preface
    Mindful of the risks raised by regional and international interferences and the need to protect our borders and our sovereignty,
  • 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
    Page 2, Affirm the following fundamental principles:
    • Free, fair and open elections are the only source of democratic legitimacy,
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Traditional/religious leaders
    Page 4, Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
  • Public administration
    Page 3, Affirm the following fundamental principles:
    • Attributing political or civil positions based on tribal affiliations should not be allowed,
    • Public positions should be allocated on the sole basis of experience and
    competence, and not based on tribal origins.
  • 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
    Human rights and equality→Civil and political rights→Equality
    Page 2, Affirm the following fundamental principles:
    • Freedom of movement is a basic right that should be guaranteed to all without
    discrimination,
    ...
    • Services should be provided to all and all citizens must have the right to access
    state institutions,
    ...
    • Social justice and equitable access to resources is a basic right that should be
    guaranteed to all,

    Page 3, Affirm the following fundamental principles:
    • Armed groups should not be affiliated with any tribal component in Kufra, and
    security should be provided in a neutral manner to all,
    Human rights and equality→Civil and political rights→Freedom of movement
    Page 2, Affirm the following fundamental principles:
    • Freedom of movement is a basic right that should be guaranteed to all without
    discrimination,
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 2, Affirm the following fundamental principles:
    • Free, fair and open elections are the only source of democratic legitimacy,
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Other
    Page 4, Temporary Arrangements
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    ...
    - Promote the principle of social cohesion and tolerance through various activities, including through awareness-raising programs in mosques and media, and spreading messages of peace,
  • 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
    Page 3, Responsibility of State
    • Activate the judicial system, criminal investigations and judicial police,
  • Prisons and detention

    No specific mention.

  • Traditional Laws
    Page 2, Affirm the following fundamental principles:
    • Crimes should not be covered up, and those responsible for killing, smuggling, or
    kidnapping should be punished, and tribes are responsible for ensuring that justice
    is rendered,

Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 3, Responsibility of State
    • Ensure education to all citizens in Kufra, expedite access to university by all students to pursue their education and ensure provision of qualified teachers to work in the city,
    ...
    • Implement priority development programs in the region,
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 3, Responsibility of State
    • Implement priority development programs in the region,
    • Develop the infrastructure in Kufra, including roads, schools, university and the
    airport,
    • Establish a fund for development and reconstruction in Kufra.
  • 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
    Page 3, Responsibility of State
    • Activate the security, police and army forces,
    • Activate the judicial system, criminal investigations and judicial police,
  • Armed forces
    Page 3, Responsibility of State
    • Establish a neutral force from outside the region, supported by all components of
    Kufra to maintain security, secure the city and its roads and institutions, bring
    criminals to justice, and end any intervention by armed groups of the neighbouring
    regions or foreign states.
    • Activate the security, police and army forces,
  • 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
    Page 3, Responsibility of State
    • Address cash shortage and corruption in Kufra,
  • Crime/organised crime
    Page 2-3, Affirm the following fundamental principles:
    • Crimes should not be covered up, and those responsible for killing, smuggling, or
    kidnapping should be punished, and tribes are responsible for ensuring that justice
    is rendered,
    ...
    • There should be no collective stigmatization based on tribal or ethnic origins, and accordingly all crimes should be treated on a strictly individual basis only,

    Page 4, Temporary Arrangements
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    ...
    - Document crimes and violations committed during the conflict,
  • 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 3, Responsibility of State
    • Provide reparations to victims of war based on comprehensive truth-seeking and
    investigations, including the work already carried out by previous governments,

    Page 4, Temporary Arrangements
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    ...
    - Evaluate damages, identify victims and recommend measures of individual and
    collective reparations on that basis,
  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Symbolic reparations
    Page 3, Responsibility of State
    • Provide reparations to victims of war based on comprehensive truth-seeking and
    investigations, including the work already carried out by previous governments,

    Page 4, Temporary Arrangements
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    ...
    - Evaluate damages, identify victims and recommend measures of individual and
    collective reparations on that basis,
  • Reconciliation
    Page 3, Affirm the following fundamental principles:
    • Mosques, schools and universities are public spaces open to all while contributing to establishing social cohesion and respect for diversity,
    ...
    • Women and youth have a key role to play in reconciliation and need to be
    involved in any reconciliation process to ensure a lasting peace,

    Page 4 Temporary Arrangements
    A High Commission for Peace and Reconciliation in Kufra shall be formed, equally
    composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies. They will be selected through wide consultations and a transparent process.
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    - Advocate for peace and reconciliation between both tribes,
    - Communicate with conflicting parties and state authorities,
    - Encourage civil and military actors to take part in the dialogue process,
    - Monitor the implementation of past agreements,
    - Document crimes and violations committed during the conflict,
    - Evaluate damages, identify victims and recommend measures of individual and
    collective reparations on that basis,
    - Promote the principle of social cohesion and tolerance through various activities, including through awareness-raising programs in mosques and media, and spreading messages of peace,
    - Communicate with UNSMIL on various efforts and progress made towards
    reconciliation in Kufra.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 4, Temporary Arrangements
    The High Commission for Peace and Reconciliation in Kufra is mandated to:
    ...
    - Communicate with UNSMIL on various efforts and progress made towards
    reconciliation in Kufra.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    https://unsmil.unmissions.org/sites/default/files/reconciliation-charter.pdf

Reconciliation Charter between Tebu and Zway Tribes from Kufra

Preface

Emphasizing the central role of the South in building stability, peace, reconciliation and harmony in Libya, and the strategic importance of Kufra in the future of our country,

Convinced by the centuries-old traditions of dialogue and peaceful coexistence in Kufra,

Confident in the deep historical and social links that have united the social fabric and the various tribal components of Kufra,

Recalling that all communities of Kufra have been equally victimized by years of conflict and marginalization, and continue to suffer from their consequences until now,

Mindful of the risks raised by regional and international interferences and the need to protect our borders and our sovereignty,

Recalling all constituencies of the South of their own responsibility in furthering reconciliation and preventing conflicts,

Noting with regret the continued economic, political and social marginalization of Kufra and its unfair representation in State institutions, as well as the deterioration of public services in the whole region,

Believing in the importance of conflict resolution and development of comprehensive truth-seeking, accountability and reparations mechanisms in order to establish responsibilities and to put an end to impunity,

Deeply concerned by the negative image of Kufra circulated by most media and some community leaders, which contributes to increased sense of negativity, marginalization and further foments the culture of hatred and rancor,

Noting with deep concern the prevalence of social and tribal protection of criminals in Kufra, which contributes to a climate of impunity and retaliation, and stressing the need for all perpetrators to be equitably brought to justice,

Regretting the weakness of State institutions in Kufra, and the negative repercussions of local and regional policies in the city,

Reaffirming the importance of women in peace processes, praising their pivotal role in stabilizing our communities and bearing in mind that they are too often the first victims of our conflicts,

Deeply alarmed by the continued spread of weapons and the proliferation of unaccountable armed groups,

Convinced by the need to promote sustainable development and economic opportunities to protect our youth and prevent their recruitment by armed groups or radical movements,

Deeply concerned about the politicization of tribes while stressing their key role and responsibility in stabilizing Kufra by staying away from power competitions and cycles of revenge,

Regretting the continued isolation of Kufra,

Commending the many ceasefire and reconciliation agreements and initiatives that were signed by the various tribes in Kufra, and have contributed to stabilizing the area, but also calling on the people and the authorities to fully monitor and implement these agreements,

We, the undersigned, united in our common efforts to achieve peace and reconciliation in Kufra, and then across Libya, to spread the spirit of dialogue, tolerance, citizenship, justice and equality:

Affirm the following fundamental principles:

• Freedom of movement is a basic right that should be guaranteed to all without discrimination,

• There should be no discrimination on the basis of race, tribe, political affiliation, or any other criteria,

• Services should be provided to all and all citizens must have the right to access state institutions,

• Crimes should not be covered up, and those responsible for killing, smuggling, or kidnapping should be punished, and tribes are responsible for ensuring that justice is rendered,

• Kufra is owned by all Libyans residing therein, and should be protected by all,

• Tribes are a social umbrella only, and should remain away from any political position or military agenda,

• Dialogue is the only way for conflict resolution,

• Social justice and equitable access to resources is a basic right that should be guaranteed to all,

• Everyone is equally responsible for addressing the current crisis in Kufra,

• Tribes outside of Kufra, as well as neighbouring states, should not interfere in our daily lives unless for doing good,

• Free, fair and open elections are the only source of democratic legitimacy,

• Hate speech and incitation to war, violence, and discrimination should be rejected by all actors,

• Armed groups should not be affiliated with any tribal component in Kufra, and security should be provided in a neutral manner to all,

• Municipalities and public services such as education, health, transportation, and other public facilities should stay away from tribal, ethnic or political affiliations,

• Mosques, schools and universities are public spaces open to all while contributing to establishing social cohesion and respect for diversity,

• There should be no collective stigmatization based on tribal or ethnic origins, and accordingly all crimes should be treated on a strictly individual basis only,

• Women and youth have a key role to play in reconciliation and need to be involved in any reconciliation process to ensure a lasting peace,

• Attributing political or civil positions based on tribal affiliations should not be allowed,

• Public positions should be allocated on the sole basis of experience and competence, and not based on tribal origins.

Responsibility of State

We, the undersigned, urgently call on the governments and state institutions to proceed with the following measures:

▪ Establish a neutral force from outside the region, supported by all components of Kufra to maintain security, secure the city and its roads and institutions, bring criminals to justice, and end any intervention by armed groups of the neighbouring regions or foreign states.

▪ Activate the security, police and army forces,

▪ Activate the judicial system, criminal investigations and judicial police,

▪ Address cash shortage and corruption in Kufra,

▪ Provide electricity to the city and ensure that basic services that fall under the responsibility of state are equally provided to Kufra,

▪ Ensure education to all citizens in Kufra, expedite access to university by all students to pursue their education and ensure provision of qualified teachers to work in the city,

▪ Provide reparations to victims of war based on comprehensive truth-seeking and investigations, including the work already carried out by previous governments,

▪ Implement priority development programs in the region,

▪ Develop the infrastructure in Kufra, including roads, schools, university and the airport,

▪ Establish a fund for development and reconstruction in Kufra.

Temporary Arrangements

A High Commission for Peace and Reconciliation in Kufra shall be formed, equally composed of all parts and components of the city, including members of the Zway and Tebu tribes, civil society actors, women, youth, elders, security actors, academics, and notables, all experienced in reconciliation and respected by their constituencies.

They will be selected through wide consultations and a transparent process.

The High Commission for Peace and Reconciliation in Kufra is mandated to:

- Advocate for peace and reconciliation between both tribes,

- Communicate with conflicting parties and state authorities,

- Encourage civil and military actors to take part in the dialogue process,

- Monitor the implementation of past agreements,

- Document crimes and violations committed during the conflict,

- Evaluate damages, identify victims and recommend measures of individual and collective reparations on that basis,

- Promote the principle of social cohesion and tolerance through various activities, including through awareness-raising programs in mosques and media, and spreading messages of peace,

- Communicate with UNSMIL on various efforts and progress made towards reconciliation in Kufra.

Follow-up Mechanism

The two participating delegations shall return to their constituencies to advocate for the establishment of the above measures and principles.

Timeframe

The initial report on the accomplished work shall be submitted within four weeks from the date of signature.