Understanding between the Tarbanasa, Ibawen and Targaitamout communities in the Tamalet area

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Country/entity: Mali
Niger
Region: Africa (excl MENA)
Agreement name: Understanding between the Tarbanasa, Ibawen and Targaitamout communities in the Tamalet area
Date: 28 Apr 2018
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict Mali - Niger: Local cross-border conflicts
Tuareg Wars (1962 - )
Mali-Azawad
The nomadic Tuareg in the north of Mali maintained a long-standing revolt against a government traditionally dominated by southern politicians shortly after Mali became independent from France in 1960. The uprisings focused in and around the Azawad region, north of Timbuktu. After several outbreaks of violence during the 1980s, violence peaked with the 1990 outbreak of the Tuareg Rebellion. Following an initial defeat by the Malian Armed Forces, reparations by the government of Alpha Konare included the creation of the self-governing Kidal region. Violence in 1994 died down following peace between moderates on both sides in 1995 and a negotiated peace agreement. Violence continued due to a lack of integration by combatants, but it was not until 2011 that the situation again escalated in the aftermath of the Arab Spring and the disintegration of Libya, which resulted in a heavy inflow of small arms, and the increased involvement by Algeria. In January 2012, the National Movement for the Liberation of Azawad (MNLA) together with several other groups took full control of the region. Disputes on how to handle the situation led to a military coup against President Touré in March 2012 that, in turn, resulted in further turmoil. The MNLA declared the independence of Azawad, but soon lost control of most of the territory to radical Islamist militias including Ansar Dine. A French intervention in January 2013 paved the way for a UN mission, which was established in April of that year. In June 2015 multiple declarations culminated in a final agreement between several Azawad-affiliated groups, including MNLA, and the government of Mali to end hostilities. However, inadequate implementation of the agreement results in continual armed confrontations between pro-government militias, Azawad-affiliated groups, dissidents of Azawad-affiliated groups, ethnically oriented groups, and increasingly since 2017, radical Islamist militias.

Niger-Aïr-Azawad
In 1990 the nomadic Tuareg in northern Niger explicitly sought greater political autonomy following decades of grievances on local political exclusion. With the first armed group Aïr and Azawad Liberation Front (FLAA) to be established in 1991, fighting between 1990 to 1995 took place largely in the Air Mountains. A short-lived truce was agreed in 1994 between the Niger Government and the Tuareg umbrella organisation Coordination of Armed Resistance (CRA), later called Organisation of Armed Resistance (ORA). Another accord was signed in April 1995 in Ouagadougou with various other Tuareg groups and some Toubou, the last signing in 1998. After ten years of relative peace, Movement of Nigeriens for Justice (MNJ) reinvigorated conflicts in 2007 following little follow up by the Nigeriene government on the signed peace agreements.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Mali - Niger: local agreements in border areas
Parties: For Tarbanassa and Ibahawan
Oumar Ag Mohamed

For Targaitamout
Jikilla Ag Wantacha
Third parties: Page 2, untitled preamble:
... representative of the Minister of State, of Interior, of Public Security,
Decentralization, of Customary and Religious Affairs, assisted by the representative of the High Authority for Peace-building (HACP) and with the help of the Center For Humanitarian Dialogue.

Signed:
Witness organizations or institutions

For the witness communities in Mali
Mainy Ould Assalik

For the witness communities in Niger
Yahaya Assoumane

The Deputy / Mayor of Abala
Boubacar Oumarou

The Mayor of Anderamboukane
Hamad Ahmad AG Mohamad

The representative of the interim Authorities of the Ménaka region
Algharif AG BIGUI

The representative of the High Authority for Peace-building (HACP)
Mohamed Ali Mohamed (CT)

The representative of the Ministry of State, of Interior, Security, Public, Decentralization, Customary and Religious Affairs
Mohamed Mahamadou (CT)
Description: After a series of thefts and conflicts over water and pastoralist-related land resources, the communities agree to form a monitoring committee, to eradicate theft/looting, to jointly manage access to water sources, and to strengthen traditional local authorities.

Agreement document: ML_NE_180428_Understanding between the Tarbanasa Ibawen and Targaitamout communities in the Tamalet area_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): ML_NE_180428_Understanding between the Tarbanasa, Ibawen and Targaitamout communities in the Tamalet area.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 3:
Article 5:
As part of the resolution of inter and intra-communal conflicts, the three communities commit to putting the Kadis, traditional authorities, and communities at the center of the prevention and management of their conflicts.
The leaders of the three communities commit themselves to sincere neutrality and dedicate themselves to peace.

Page 5:
Section III: Respect for customs and traditions by the different communities

Article 11:

In this area, some communities continue to function as in the past. Today, technology and change of perception and behavior have arrived in the most remote corners of our countries. The technical and financial partners and the States of Mali and Niger must improve access to education and the servicing of sedentary areas (modern water sources, health centers, electrification, etc.).

Today, traditional leaders, religious leaders, and community leaders have lost all credibility in the area,

The three parties commit to restoring the moral authority of the traditional chiefdom to allow it to play its full role in the appeasement of social tensions and in promoting peaceful cohabitation.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Summary: this local agreement sets up a monitoring committee which also performs some functions of local governance, composed of representatives of the communities which are parties to the agreement.
Power sharing→Political power sharing→Other proportionality
Sub-state level
Page 3-4:
Article 6:

To monitor the implementation of this agreement, pending installation of the Tamalet municipal authorities, the three parties agree to set up a monitoring committee in the commune of Anderamboukane, whose composition is as follows:

The mayor of the municipality or his representative
A representative of the community leaders network
Two representatives of the Targaitamout communities
Two representatives of the Tarbanassa and Ibahawan communities
A representative of the other communities in Mali,
A representative of the other communities of Niger
A representative of the commune of Abala
A representative of the municipality of Tillia
A young representative of the Arab community in the border area
A young representative of the Peulh community in the border area

The mission of this committee is to:

Monitor the implementation of the reconciliation agreement signed by the three parties
Prevent and manage conflicts that may arise between communities in the area
Support communities in the search and return of animals that are stolen or lost.

For the resolution of conflicts, the three parties commit to banishing all forms of revenge and to refer instead to the committee any inter or intra-communal conflict to be resolved.
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: 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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 3:
Article 5:
As part of the resolution of inter and intra-communal conflicts, the three communities commit to putting the Kadis, traditional authorities, and communities at the center of the prevention and management of their conflicts.
The leaders of the three communities commit themselves to sincere neutrality and dedicate themselves to peace.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3:
Article 3:
For a more peaceful coexistence , the three parties ask the States of Mali and Niger to help them by
carrying out income-generating activities (IGAs) and employment for the benefit of young people
(livestock trade, transport, ...), training which could lead to young people learning trades, and
facilitating the installation of local finance institutions
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: Socio-economic reconstruction→Banks→Personal or commercial banking
Page 3:
Article 3:

For a more peaceful coexistence , the three parties ask the States of Mali and Niger to help them by carrying out income-generating activities (IGAs) and employment for the benefit of young people (livestock trade, transport, ...), training which could lead to young people learning trades, and facilitating the installation of local finance institutions

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: Page 4-5:
Section II: Access to pastoral resources (especially water sources)

Article 7:

Apart from theft and looting of cattle, exclusion from access to water sources is one of the major causes of conflicts in the area.

The three parties ask the States of Mali and Niger and the partners to help the communities by building modern water sources.

Livestock feed stores should be established to reduce conflicts around pasturing of fields during the off-season.

The parties ask the States and their partners to organize training and awareness-raising campaigns around the peaceful use of pastoral resources and coexistence.

Article 8:

For access to water sources, livestock breeders must apply to the committees or traditional authorities responsible for the management of said sources. They must strictly observe the rules or conventions regulating access to these water sources.

Article 9:

The State of Mali must organize campaigns to raise awareness of the pastoral charter and promote local conventions for the management of pastoral resources. The revitalization of traditional space management mechanisms will be an important tool in the peaceful use of pastoral resources

Article 10:

To combat animal diseases prevalent in the area, the States of Mali and Niger must make veterinary products available and train veterinarians throughout the area.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
Page 5:
Section III: Respect for customs and traditions by the different communities

Article 11:

In this area, some communities continue to function as in the past. Today, technology and change of perception and behavior have arrived in the most remote corners of our countries. The technical and financial partners and the States of Mali and Niger must improve access to education and the servicing of sedentary areas (modern water sources, health centers, electrification, etc.).

Today, traditional leaders, religious leaders, and community leaders have lost all credibility in the area,

The three parties commit to restoring the moral authority of the traditional chiefdom to allow it to play its full role in the appeasement of social tensions and in promoting peaceful cohabitation.
Environment: No specific mention.
Water or riparian rights or access: Page 4:
Section II: Access to pastoral resources (especially water sources)

Article 7:

Apart from theft and looting of cattle, exclusion from access to water sources is one of the major causes of conflicts in the area.

The three parties ask the States of Mali and Niger and the partners to help the communities by building modern water sources.

Livestock feed stores should be established to reduce conflicts around pasturing of fields during the off-season.

The parties ask the States and their partners to organize training and awareness-raising campaigns around the peaceful use of pastoral resources and coexistence.

Article 8:

For access to water sources, livestock breeders must apply to the committees or traditional authorities responsible for the management of said sources. They must strictly observe the rules or conventions regulating access to these water sources.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2-3:
CHAPTER II: Agreements between the communities in conflict

Section I: theft / looting of Livestock

ARTICLE 1:

Through this agreement and within the framework of peaceful coexistence, the three communities commit to:

Ceasing all confrontation for any reason whatsoever,
Firmly condemning acts of aggression
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3:
Article 4:
The communities ask the State of Mali to accelerate the implementation of the Algiers agreement by carrying out the Demobilization, Disarmament, and Reintegration (DDR) process. DDR makes it possible to identify and recover any weapons circulating in the area.
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: Page 2-3:
CHAPTER II: Agreements between the communities in conflict

Section I: theft / looting of Livestock

ARTICLE 1:

Through this agreement and within the framework of peaceful coexistence, the three communities commit to:

Ceasing all confrontation for any reason whatsoever,
Firmly condemning acts of aggression
Pro-actively eradicating theft / looting of livestock from any party and throughout the border area (especially the Tamalet area).
Article 2:

To eradicate the theft / looting of livestock (which poisons relations between populations), the three communities commit to identifying and denouncing to the authorities of Mali and Niger, thieves, and / or all those who stir up tensions between the communities.

In the process of identifying and denouncing thieves, community leaders must try to avoid confusing themselves: a thief does not represent their family or their community.
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: No specific mention.
Related cases: No specific mention.
Source: Available from https://www.hdcentre.org/wp-content/uploads/2019/01/Accord-Daoussahaq-Imajgan-avril-2018.pdf (Accessed on 1/4/2020).

AGREEMENT BETWEEN THE TARBANASSA,IBHAWAN AND TARGAlTAMOUT COMMUNITIES FROM THE TAMALET AREA, RELATING TO THEFT AND LOOTING OF LIVESTOCK, AND THE PEACEFUL USE OF PASTORAL RESOURCES ALONG THE MALI-NIGER BORDER

April 2018

Preamble

Under the chairmanship of the representative of the Minister of State, of Interior, of Public Security, Decentralization, of Customary and Religious Affairs, assisted by the representative of the High Authority for Peace-building (HACP) and with the help of the Center For Humanitarian Dialogue, a mediation meeting took place in Niamey between representatives of the Tarbanassa, Ibhawan and Targaitamout communities in the Tamalet area (commune of Anderamboukane / Mali);

hereinafter referred to as "the parties",

This meeting was held on April 26, 27, and 28, 2018 in Niamey in the presence of the Arab, Tuareg, and Haoussa communities of Mali as well as the Peulh, Haoussa, Djerma and Touareg communities of Niger and other key persons.

Considering the recommendations of the meeting on peace and security, held in Tillabéry on July 23, 2011

Considering the commitments relating to the return of peace and security along the border, made by the leaders of the Daoussahaq community before the Malian Minister of Security and Civil Protection, in Ansongo on August 10, 2011

Considering the willingness of the three parties to implement the provisions of the following commitments for a final and lasting settlement of the conflict, which has divided the three communities mentioned above, for many years, around the theft/looting of livestock and pastoral resources in the Tamalet area

Both parties have agreed as follows:

CHAPTER 1:

Causes of the conflict

Following passionate but fruitful debates, the three parties identified the following causes as being at the origin of the conflict between them:

In favor of the occupation of northern Mali, the communities have armed themselves, attack each other to kill their key rivals, loot and take away the goods and animals of their victims.

In this area, some communities seek to take control of pastoral resources while excluding other communities,

The distrust between the communities and the loss of the influence of religious and customary leaders means that the communities no longer consult each other over the management of their inter and intra-communal conflicts.

CHAPTER II:

Agreements between the communities in conflict

Section I:

theft / looting of Livestock

ARTICLE 1:

Through this agreement and within the framework of peaceful coexistence, the three communities commit to:

Ceasing all confrontation for any reason whatsoever,

Firmly condemning acts of aggression

Pro-actively eradicating theft / looting of livestock from any party and throughout the border area (especially the Tamalet area).

Article 2:

To eradicate the theft / looting of livestock (which poisons relations between populations), the three communities commit to identifying and denouncing to the authorities of Mali and Niger, thieves, and / or all those who stir up tensions between the communities.

In the process of identifying and denouncing thieves, community leaders must try to avoid confusing themselves:

a thief does not represent their family or their community.

Article 3:

For a more peaceful coexistence , the three parties ask the States of Mali and Niger to help them by carrying out income-generating activities (IGAs) and employment for the benefit of young people (livestock trade, transport, ...), training which could lead to young people learning trades, and facilitating the installation of local finance institutions

Article 4:

The communities ask the State of Mali to accelerate the implementation of the Algiers agreement by carrying out the Demobilization, Disarmament, and Reintegration (DDR) process.

DDR makes it possible to identify and recover any weapons circulating in the area

Article 5:

As part of the resolution of inter and intra-communal conflicts, the three communities commit to putting the Kadis, traditional authorities, and communities at the center of the prevention and management of their conflicts.

The leaders of the three communities commit themselves to sincere neutrality and dedicate themselves to peace.

Article 6:

To monitor the implementation of this agreement, pending installation of the Tamalet municipal authorities, the three parties agree to set up a monitoring committee in the commune of Anderamboukane, whose composition is as follows:

The mayor of the municipality or his representative

A representative of the community leaders network

Two representatives of the Targaitamout communities

Two representatives of the Tarbanassa and Ibahawan communities

A representative of the other communities in Mali,

A representative of the other communities of Niger

A representative of the commune of Abala

A representative of the municipality of Tillia

A young representative of the Arab community in the border area

A young representative of the Peulh community in the border area

The mission of this committee is to:

Monitor the implementation of the reconciliation agreement signed by the three parties

Prevent and manage conflicts that may arise between communities in the area

Support communities in the search and return of animals that are stolen or lost.

For the resolution of conflicts, the three parties commit to banishing all forms of revenge and to refer instead to the committee any inter or intra-communal conflict to be resolved.

Section II:

Access to pastoral resources (especially water sources)

Article 7:

Apart from theft and looting of cattle, exclusion from access to water sources is one of the major causes of conflicts in the area.

The three parties ask the States of Mali and Niger and the partners to help the communities by building modern water sources.

Livestock feed stores should be established to reduce conflicts around pasturing of fields during the off-season.

The parties ask the States and their partners to organize training and awareness-raising campaigns around the peaceful use of pastoral resources and coexistence.

Article 8:

For access to water sources, livestock breeders must apply to the committees or traditional authorities responsible for the management of said sources.

They must strictly observe the rules or conventions regulating access to these water sources.

Article 9:

The State of Mali must organize campaigns to raise awareness of the pastoral charter and promote local conventions for the management of pastoral resources.

The revitalization of traditional space management mechanisms will be an important tool in the peaceful use of pastoral resources

Article 10:

To combat animal diseases prevalent in the area, the States of Mali and Niger must make veterinary products available and train veterinarians throughout the area.

Section III:

Respect for customs and traditions by the different communities

Article 11:

In this area, some communities continue to function as in the past.

Today, technology and change of perception and behavior have arrived in the most remote corners of our countries.

The technical and financial partners and the States of Mali and Niger must improve access to education and the servicing of sedentary areas (modern water sources, health centers, electrification, etc.).

Today, traditional leaders, religious leaders, and community leaders have lost all credibility in the area,

The three parties commit to restoring the moral authority of the traditional chiefdom to allow it to play its full role in the appeasement of social tensions and in promoting peaceful cohabitation.

Article 12:

To break down the barriers of mistrust between the three communities, the partner States must increase inter and intra-communal meetings in the area.

Article 13:

Any dispute arising from the application or interpretation of this agreement will be settled amicably.

Each party may request in writing any review or amendment of all or part of this agreement.

Article 12:

This agreement comes into force from the date of signature,

Done at Niamey on April 28, 2018

In Five Original copies, in French

For Tarbanassa and Ibahawan For Targaitamout

Oumar Ag Mohamed Jikilla Ag Wantacha

Witness organizations or institutions

For the witness communities in Mali For the witness communities in Niger

Mainy Ould Assalik Yahaya Assoumane

The Deputy / Mayor of Abala The Mayor of Anderamboukane

Boubacar Oumarou Hamad Ahmad AG Mohamad

The representative of the interim Authorities of the Ménaka region

Algharif AG BIGUI

The representative of the High Authority for Peace-building (HACP)

Mohamed Ali Mohamed (CT)

The representative of the Ministry of State, of Interior, Security, Public, Decentralization, Customary and Religious Affairs

Mohamed Mahamadou (CT)