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.

• Agreement document

  YE_180118_Agreement_regarding_the_Exchange_of_Prisoners_etc_EN.docx (3).pdf | Download PDF
• Agreement document (original language)

  YE_180118_Houthi-PC agreement on exchange of prisoners_AR.pdf | Download PDF

Local agreement properties

• Process type

  Informal but persistent process
  
• Rationale

  This appears to be one of the earliest noted agreements involving prisoner exchange we have, yet there is an argument that this both sets a precedent for further prisoner exchange agreements and also continues some culture of signing. Another agreement takes place later the same year at national level which encourages wide spread exchange of prisoners throughout the country, similarly to this agreement which mentions similar ideals around consideration of exchange across a wide geographic range. There are also other local agreements signed in the years leading up to this which involve provisions that include cultural practices for exchanging information regarding the dead or remains of fighters from both sides, which this agreement also addresses. There are no formal frameworks of support for this agreement and while the process is set out in an orderly way in terms of brokerage and implementation, the proposed set of steps appear to have a level of openness/flexibility to them.
• Is there a documented link to a national peace process?

  Yes
• Link to national process: articulated rationale

  In the case of this complex local conflict within the wider Yemeni conflict, the decision has been made based on the fact that at least one of the representatives here could in some ways be viewed as being affiliated with local governance actors and with a clear stance towards the wider conflict. Resistance groups in Taiz are affiliated with a wider umbrella group of fighters and army sects, at this stage with a clear affinity and stance in the conflict.
• Name of Locale

  Governorates of Ta'iz and Ibb
• Nature Of Locale

  Region
• GPS Lat/Long (DD)

  13.669200, 44.168646
• Participant type

  Local state actor
  Local armed group
  
• Mediator, facilitator or similar

  Mediator or similar referred to
  Mediator (references)

  Abd al-Tayif Āhmad Sālih al-Murādī and Bisām Āhmad al-Briq are described as the mediators/ 'brokers' of the agreement.
  Type of mediator/facilitator/similar

  Unclear/Other

Local issues

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]