Accord and Peaceful Coexistence Document Between the Al Qadhadhfa Tribe and the Awlad Sulayman Tribe

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Accord and Peaceful Coexistence Document Between the Al Qadhadhfa Tribe and the Awlad Sulayman Tribe
Date: 4 Dec 2016
Agreement status: Multiparty signed/agreed
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: Ceasefire/related
Conflict nature: Inter-group
Peace process: Libyan local processes
Parties: Conflict Resolution Committee;
Awl Sulayman Tribe
Al Qadhadhfa Tribe
Third parties: Mediators: a delegation from the Warfalla Bani Walid, a delegation from the Barqah (Cyrenaica) tribes, a delegation from the dignitaries of the Friday Market, prominent figures from the middle region, a delegation from Tarhuna, and a delegation from Zintan
Description: 12 point agreement providing for a ceasefire, the hand over and lifting of social protection of transgressors, stating that punishment is reserved for the individual; removing roadblocks and ending the practice of tinting car windows; withdrawing from seized locations and militias promising not to involve themselves into tribal disputes; the Conflict Resolution Committee is responsible for implementation and dispute resolution.

Agreement document: LY_161204_ Awlad Sulayman and al-Qadhadhfa_EN.pdf (opens in new tab) | Download PDF
Agreement document (original language): LY_161204_ Awlad Sulayman and al-Qadhadhfa_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, In compliance with our religion, following the efforts of good people to reconcile relationship, and in answering the call of our nation and our brothers, the Committee to resolve the conflict between the Al Qadhadhfa tribe and the Awlad Sulayman tribe, which is formed of tribes, different social groups from the south, a delegation from the Warfalla Bani Walid, a delegation from the Barqah (Cyrenaica) tribes, a delegation from the dignitaries of the Friday Market, prominent figures from the middle region, a delegation from Tarhuna, and a delegation from Zintan, has been in contact with wise men and dignitaries from the Awlad Sulayman and al-Qadhadhfa tribes in order to bridge the gap and reconcile the differences between the two tribes. ...
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: Page 1, Second: If there are any hostilities, or criminal acts, by the members of any of the sides, the issue shall be limited to the perpetrator, and they shall be handed over to the entities that will be agreed upon by the two sides and the Conflict Resolution Committee, and the two sides also commit to not indiscriminately respond or detain people based on their identification documents.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1,
Sixth: Staying away from any statements on all forms of media, including visual, auditory, and printed media, and anything else that might escalate tension between the two sides, or using rhetoric that promotes tolerance and coexistence, and each side must ensure that its members to not do anything to provoke the other side on the frontlines of the clashes and in places of coexistence, like educational institutions and public service sites

Page 1, Twelfth: This agreement goes into effect upon being signed by the two sides and published in the media.
Mobility/access: Page 1, Fifth: Removing the roadblocks and obstructions, and opening public streets and roads after the signing of this agreement at the expense of both sides, and each side commits to be disciplined, abide by road etiquette, and not provoke the other side
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: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Tenth: Both sides pledge, as do all of the components of the south, to fight against the phenomenon of tinting car windows, and they shall do this in coordination with the Sabha security directorate, and anyone who violates this is liable legally and to society.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, First: Adhering to the minutes of the second agreement, which was signed between the two sides on 25/11/2016, which stated that there would be a ceasefire and a handover of the sites that were used as military positions during the recent round of fighting, and included a commitment to not return to these sites
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1,
Fourth: Each side is responsible for any violation that occurs by any individuals or groups of its members who are in the armed groups, with their different names and affiliations, both sides pledge that these groups will not get involved in tribal conflicts, that heavy weapons will not be used in these conflicts, and they commit to ensure that their members will not attack these armed groups, understanding that this is their responsibility to do this

Page 1, Seventh: Each side shall withdraw from the positions that it controls and hand over the property that it has taken from the other side under the supervision of the Conflict Resolution Committee and in accordance to written handover receipts.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
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: 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 1, Ninth: Both sides pledge, to Allah and to the tribes and components of Libyan society, who are the sponsors of and witnesses to this agreement, to commit to the items of this agreement, implement everything in it, and consider it a step towards comprehensive reconciliation. In the case that either side violates what was agreed upon, the Libyan social components and tribes will hold the violating side responsible in the eyes of all Libyans through the media.

Page 1, Eleventh: The Conflict Resolution Committee shall task a committee that is made up of its members and the committees of the two sides to supervise the implementation of the agreement and deal with any problems or violations that take place after this agreement goes into effect.
Related cases: No specific mention.
Source: Akhbar Libya, ‘Text of the Document for Peaceful Coexistance between the Qadhadhafa and the Awlad Sulayman’, 4 December 2016, http://www.akhbarlibya.net/libya- news/316386.html?source=true

In the Name of Allah, Most Gracious, Most Merciful

Accord and Peaceful Coexistence Document Between the Al Qadhadhfa Tribe and the Awlad Sulayman Tribe

Allah says in his Holy Book:

“The believers are but brothers, so make settlement between your brothers.

And fear Allah that you may receive mercy.”

And He says:

“No good is there in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people.

And whoever does that seeking means to the approval of Allah - then We are going to give him a great reward.”

Allah’s word is truth.

The Prophet (PBUH) says:

“Let him who believes in Allah and the Last Day be good to his neighbor.”

In compliance with our religion, following the efforts of good people to reconcile relationship, and in answering the call of our nation and our brothers, the Committee to resolve the conflict between the Al Qadhadhfa tribe and the Awlad Sulayman tribe, which is formed of tribes, different social groups from the south, a delegation from the Warfalla Bani Walid, a delegation from the Barqah (Cyrenaica) tribes, a delegation from the dignitaries of the Friday Market, prominent figures from the middle region, a delegation from Tarhuna, and a delegation from Zintan, has been in contact with wise men and dignitaries from the Awlad Sulayman and Al Qadhadhfa tribes in order to bridge the gap and reconcile the differences between the two tribes.

After rounds of talks, thanks to Allah and because of the efforts of these good men, an agreement was reached that satisfied both sides, and both sides committed to implementing this agreement and adhering to all of the rulings in it.

The agreement is as follows:

First:

Adhering to the minutes of the second agreement, which was signed between the two sides on 25/11/2016, which stated that there would be a ceasefire and a handover of the sites that were used as military positions during the recent round of fighting, and included a commitment to not return to these sites

Second:

If there are any hostilities, or criminal acts, by the members of any of the sides, the issue shall be limited to the perpetrator, and they shall be handed over to the entities that will be agreed upon by the two sides and the Conflict Resolution Committee, and the two sides also commit to not indiscriminately respond or detain people based on their identification documents.

Third:

Both sides shall pledge to remove all societal protection from anyone who commits any crime or criminal act against the other side and refuses to hand themselves over to the entity that is agreed upon by both sides

Fourth:

Each side is responsible for any violation that occurs by any individuals or groups of its members who are in the armed groups, with their different names and affiliations, both sides pledge that these groups will not get involved in tribal conflicts, that heavy weapons will not be used in these conflicts, and they commit to ensure that their members will not attack these armed groups, understanding that this is their responsibility to do this

Fifth:

Removing the roadblocks and obstructions, and opening public streets and roads after the signing of this agreement at the expense of both sides, and each side commits to be disciplined, abide by road etiquette, and not provoke the other side

Sixth:

Staying away from any statements on all forms of media, including visual, auditory, and printed media, and anything else that might escalate tension between the two sides, or using rhetoric that promotes tolerance and coexistence, and each side must ensure that its members to not do anything to provoke the other side on the frontlines of the clashes and in places of coexistence, like educational institutions and public service sites

Seventh:

Each side shall withdraw from the positions that it controls and hand over the property that it has taken from the other side under the supervision of the Conflict Resolution Committee and in accordance to written handover receipts.

Eighth:

Each side shall prepare lists of the demands or grievances that they have against the other side and submit them to the Conflict Resolution Committee as soon as possible so that the Committee can start to look into them after the signing of this agreement.

Ninth:

Both sides pledge, to Allah and to the tribes and components of Libyan society, who are the sponsors of and witnesses to this agreement, to commit to the items of this agreement, implement everything in it, and consider it a step towards comprehensive reconciliation.

In the case that either side violates what was agreed upon, the Libyan social components and tribes will hold the violating side responsible in the eyes of all Libyans through the media.

Tenth:

Both sides pledge, as do all of the components of the south, to fight against the phenomenon of tinting car windows, and they shall do this in coordination with the Sabha security directorate, and anyone who violates this is liable legally and to society.

Eleventh:

The Conflict Resolution Committee shall task a committee that is made up of its members and the committees of the two sides to supervise the implementation of the agreement and deal with any problems or violations that take place after this agreement goes into effect.

Twelfth:

This agreement goes into effect upon being signed by the two sides and published in the media.

Finally, we ask Allah to guide everyone to that which is good, and we ask Him to make the period after this agreement, and the adherence to its rulings, an opportunity for all sides to prove their good intentions, build confidence between them, and instill a spirit of tolerance in order to reach a comprehensive reconciliation as soon as possible.

We would also like to express our thanks and appreciation to all of our brothers, wise men and dignitaries from other tribes, who have previously tried to work to reconcile between the two tribes.

The Conflict Resolution Committee shall continue in its work until the desired objective is reached, which is a comprehensive reconciliation.

For Allah…and peace be upon you

Written in Sabha on / /2016