Reconciliation Charter between Tebu and Zway Tribes from Kufra

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
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.


Groups

Children/youth
Groups→Children/youth→Rhetorical
Page 3, Affirm the following fundamental principles:
• 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,
Groups→Children/youth→Substantive
Page 3, Responsibility of State
• 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,

Page 4, 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.
Disabled persons

No specific mention.

Elderly/age
Groups→Elderly/age→Substantive
Page 4, 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.
Migrant workers

No specific mention.

Racial/ethnic/national group
Groups→Racial/ethnic/national group→Rhetorical
Page 2, Affirm the following fundamental principles:
• Tribes are a social umbrella only, and should remain away from any political
position or military agenda,
...
• Tribes outside of Kufra, as well as neighbouring states, should not interfere in our daily lives unless for doing good,
...
• Hate speech and incitation to war, violence, and discrimination should be rejected by all actors,

Page 3, Affirm the following fundamental principles:
• 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,
Groups→Racial/ethnic/national group→Anti-discrimination
Page 2, Affirm the following fundamental principles:
• There should be no discrimination on the basis of race, tribe, political affiliation, or any other criteria,

Page 3, Affirm the following fundamental principles:
• 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,
...
• 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.
Groups→Racial/ethnic/national group→Substantive
Page 4, 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,
...
Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups
Groups→Other groups→Substantive
Page 4, 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.
Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender
Page 1, Preface
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,

Page 3, Affirm the following fundamental principles:
• 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,

Page 4, 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.
Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)
Page 1, Preface
Mindful of the risks raised by regional and international interferences and the need to protect our borders and our sovereignty,
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
Page 2, Affirm the following fundamental principles:
• Free, fair and open elections are the only source of democratic legitimacy,
Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society
Page 4, 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.
Traditional/religious leaders
Page 4, 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.
Public administration
Page 3, Affirm the following fundamental principles:
• 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.
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
Human rights and equality→Civil and political rights→Equality
Page 2, Affirm the following fundamental principles:
• Freedom of movement is a basic right that should be guaranteed to all without
discrimination,
...
• Services should be provided to all and all citizens must have the right to access
state institutions,
...
• Social justice and equitable access to resources is a basic right that should be
guaranteed to all,

Page 3, Affirm the following fundamental principles:
• Armed groups should not be affiliated with any tribal component in Kufra, and
security should be provided in a neutral manner to all,
Human rights and equality→Civil and political rights→Freedom of movement
Page 2, Affirm the following fundamental principles:
• Freedom of movement is a basic right that should be guaranteed to all without
discrimination,
Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy
Page 2, Affirm the following fundamental principles:
• Free, fair and open elections are the only source of democratic legitimacy,
Detention procedures

No specific mention.

Media and communication
Rights related issues→Media and communication→Other
Page 4, Temporary Arrangements
The High Commission for Peace and Reconciliation in Kufra is mandated to:
...
- 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,
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
Page 3, Responsibility of State
• Activate the judicial system, criminal investigations and judicial police,
Prisons and detention

No specific mention.

Traditional Laws
Page 2, Affirm the following fundamental principles:
• 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,

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, Responsibility of State
• 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,
...
• Implement priority development programs in the region,
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 3, Responsibility of State
• 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.
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

No specific mention.

Ceasefire

No specific mention.

Police
Page 3, Responsibility of State
• Activate the security, police and army forces,
• Activate the judicial system, criminal investigations and judicial police,
Armed forces
Page 3, Responsibility of State
• 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,
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
Page 3, Responsibility of State
• Address cash shortage and corruption in Kufra,
Crime/organised crime
Page 2-3, Affirm the following fundamental principles:
• 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,
...
• 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,

Page 4, Temporary Arrangements
The High Commission for Peace and Reconciliation in Kufra is mandated to:
...
- Document crimes and violations committed during the conflict,
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
Page 3, Responsibility of State
• Provide reparations to victims of war based on comprehensive truth-seeking and
investigations, including the work already carried out by previous governments,

Page 4, Temporary Arrangements
The High Commission for Peace and Reconciliation in Kufra is mandated to:
...
- Evaluate damages, identify victims and recommend measures of individual and
collective reparations on that basis,
Missing persons

No specific mention.

Reparations
Transitional justice→Reparations→Symbolic reparations
Page 3, Responsibility of State
• Provide reparations to victims of war based on comprehensive truth-seeking and
investigations, including the work already carried out by previous governments,

Page 4, Temporary Arrangements
The High Commission for Peace and Reconciliation in Kufra is mandated to:
...
- Evaluate damages, identify victims and recommend measures of individual and
collective reparations on that basis,
Reconciliation
Page 3, Affirm the following fundamental principles:
• Mosques, schools and universities are public spaces open to all while contributing to establishing social cohesion and respect for diversity,
...
• 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,

Page 4 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.

Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar
Page 4, Temporary Arrangements
The High Commission for Peace and Reconciliation in Kufra is mandated to:
...
- Communicate with UNSMIL on various efforts and progress made towards
reconciliation in Kufra.
Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
https://unsmil.unmissions.org/sites/default/files/reconciliation-charter.pdf

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.