• 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.

• Agreement document

  LY_180220_Reconciliation Charter between Tebu and Zway Tribes from Kufra_EN.pdf | Download PDF

• Agreement document (original language)

  LY_180220_Reconciliation Charter between Tebu and Zway Tribes from Kufra_AR.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

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.