Final Communique: Comprehensive Dialogue for Calm and Peace in the Nafusa Mountains

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Final Communique: Comprehensive Dialogue for Calm and Peace in the Nafusa Mountains
Date: 19 Mar 2015
Agreement status: Status unclear
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: Pre-negotiation/process
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: "The elders, prominent figures, sheikhs, and activists of the Nafusa Mountains"
Third parties: -
Description: Communique provides for the return of IDPs; lifting of social protection of criminals; return of security institutions; allowing humanitarian aid and promoting a culture of tolerance; working to spare the cities and areas of Nafusa mountains and reaching out to other tribes and assigning responsibilities among them; creating an implementation mechanism; and supporting the municipalities and crisis committees in pushing forward solutions.

Agreement document: LY_150319_Mount Nafusa Final communique_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_150319_Mount Nafusa Final communique_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: Groups→Racial/ethnic/national group→Rhetorical
Page 2, The attendees also stressed the importance and necessity of adhering to the national constants that they committed to when working on the recommendations, and these constants are as follows:
... - The Libyan identity is the common ground for all of Libya’s cultural and racial components, and it must be preserved.
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, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
1. The importance of IDPs returning to their areas, without exception

Page 1, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
... 6. Adopting a work mechanism to implement the items in the agreement, which are contacting the  parties to the conflict and facilitating the implementation of the initiative of the Libyan Council of Dignitaries for reconciliation with Nalut, which is made up of the return of the forcibly displaced and IDPs, starting from the beginning of the coming week.
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): Page 2, The attendees also stressed the importance and necessity of adhering to the national constants that they committed to when working on the recommendations, and these constants are as follows:
... - The Libyan nation is the source of authority, and it alone has the right to determine its fate.
State configuration: Page 2, The attendees also stressed the importance and necessity of adhering to the national constants that they committed to when working on the recommendations, and these constants are as follows:
- The unity of Libya, and putting the national interests above any other interests, affiliations, or considerations
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: [Summary] see participants.
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: Page 1, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
... 4. Focusing on raising awareness, spreading a culture of tolerance, maintaining social peace, and  opening humanitarian crossings and corridors for relief supplies, food, medicine, and fuel
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: No specific mention.

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: Land, property and environment→Cultural heritage→Intangible
Page 2, The attendees also stressed the importance and necessity of adhering to the national constants that they committed to when working on the recommendations, and these constants are as follows:
... - The Libyan identity is the common ground for all of Libya’s cultural and racial components, and it must be preserved.
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: No specific mention.
Armed forces: Page 1, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
... 3. Activating and supporting the role of security agencies in the area
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: No specific mention.
Drugs: No specific mention.
Terrorism: Page 2, Finally, the participants condemn the terrorist attack that targeted the Bardo National Museum and offer their condolences to the people and government of Tunisia.

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: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
... 6. Adopting a work mechanism to implement the items in the agreement, which are contacting the  parties to the conflict and facilitating the implementation of the initiative of the Libyan Council of Dignitaries for reconciliation with Nalut, which is made up of the return of the forcibly displaced and IDPs, starting from the beginning of the coming week.

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 1, Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:
... 6. Adopting a work mechanism to implement the items in the agreement, which are contacting the  parties to the conflict and facilitating the implementation of the initiative of the Libyan Council of Dignitaries for reconciliation with Nalut, which is made up of the return of the forcibly displaced and IDPs, starting from the beginning of the coming week.
Related cases: No specific mention.
Source: https://www.facebook.com/hiwar.mojtame/posts/860109304056209 http://www.alwasat.ly/ar/mobile/article?articleid=57774

Mount Nafusa Final Communique – 19 March 2015

In the Name of Allah, Most Gracious, Most Merciful

All praises be to Allah, the Lord of the worlds, and peace and blessings be upon the final Prophet and messenger.

The Lord says:

[And say, "Do [as you will], for Allah will see your deeds, and [so, will] His Messenger and the believers.] (

Quran 09:105)

Final Communique

The Dialogue for Comprehensive De-escalation and to Bring Peace to the Nafusa Mountain Forum

The elders, prominent figures, sheikhs, and activists of the Nafusa Mountain met based on an invitation from a group of peacemakers in order to hold a dialogue titled Dialogue for Comprehensive De-escalation and to Bring Peace to the Nafusa Mountain.

The meeting was held in Djerba in the Republic of Tunisia during the period from 17 to 19 March 2015 to discuss the following issues:

First:

Comprehensive de-escalation and security in the Mountains

Second:

The humanitarian situation in the Mountains

Third:

The issue of the displaced

Fourth:

Social peace and good-neighborliness

Fifth:

Addressing the points causing tension in the Mountain

Over three days of serious and honest dialogue and discussions, the following, all praise be to Allah, was agreed upon:

1. The importance of IDPs returning to their areas, without exception

2. Lifting societal protection of perpetrators, be they individuals or groups, and outlaws

3. Activating and supporting the role of security agencies in the area

4. Focusing on raising awareness, spreading a culture of tolerance, maintaining social peace, and opening humanitarian crossings and corridors for relief supplies, food, medicine, and fuel

5. Working to spare all of the areas and cities of the Mountain, keeping political and military conflicts away from them, and forming a team from the different neutral areas in the Mountain.

The attendees of the forum agreed that Jadu, Yafran, Asbi’a, and Al Qal’ah would be responsible for contacting the parties to the conflict for Kikla and Zintan.

6. Adopting a work mechanism to implement the items in the agreement, which are contacting the parties to the conflict and facilitating the implementation of the initiative of the Libyan Council of Dignitaries for reconciliation with Nalut, which is made up of the return of the forcibly displaced and IDPs, starting from the beginning of the coming week.

7. Supporting the municipalities and the crisis committees to participate in pushing forward solutions for all of the different issues in the Mountain

The attendees also stressed the importance and necessity of adhering to the national constants that they committed to when working on the recommendations, and these constants are as follows:

- The unity of Libya, and putting the national interests above any other interests, affiliations, or considerations

- The Libyan identity is the common ground for all of Libya’s cultural and racial components, and it must be preserved.

- The Libyan nation is the source of authority, and it alone has the right to determine its fate.

And in conclusion, in order to strengthen the culture of social peace and the active role of the activists, elders, and prominent figures who are trying to spread its culture, we pray that Allah, who is all powerful, will make our efforts result in the settlement of all of the conflicts between our brothers in the Mountains, and in all of Libya, for it is Allah that bestows success.

Finally, the participants condemn the terrorist attack that targeted the Bardo National Museum and offer their condolences to the people and government of Tunisia.

It is Allah that bestows success, and long live a unified Libya.

Peace be upon you, and Allah’s mercy and blessings.

https://www.facebook.com/hiwar.mojtame/posts/860109304056209

http://www.alwasat.ly/ar/mobile/article?articleid=57774