Reconciliation Agreement between the Zintan and Mashashiyya Tribes

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Reconciliation Agreement between the Zintan and Mashashiyya Tribes
Date
18 May 2017
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/local conflict
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Libyan local processes
Parties
Mashashiyya Tribe[13 signatories]

Reconciliation Council [4 signatories]

Zintan Tribe [9 signatories]

Al-Qantrar [7 signatories]

Neighbouring Areas [3 signatories] 

The reconciliation council is comprised of: 

Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes.
Third parties
-
Description
Agreement made between tribal parties, elders and reconciliation council regarding refugee return to and from specified locations; the removal of armed groups; the opening of roads; the hand over of wanted persons in accordance with law. In addition, the agreement specified the tasks of the Reconciliation Council, including missing persons, trial, investigation into misdeeds and 'blood'. The agreement is considered violated if one party allies themselves with another third party for the purpose of attacking the other party to this agreement.

Local agreement properties

Process type
Formal structured process
Rationale
-> Link to national level; external support mechanism; culture of signing The communication between antagonistic parties and the signing of the agreement was supported by the locally-based Reconciliation Council. Moreover, the agreement is clearly embedded in a culture of signing (and supporting) agreements to bring an end to the violence between the tribes of this locale (Fezzan).
Is there a documented link to a national peace process?
Yes
Link to national process: articulated rationale
The agreement seems linked to the national process. Although it primarily relates to a highly localise conflict and was signed by local tribal leaders, it stresses on the wish of the signing parties that "peace may return to Libya".
Name of Locale
al-‘Awiniyya, ‘Umur, Zawiyya
Nature of Locale
Region
GPS Lat/Long (DD)
32.431756, 12.533279
Participant type
Domestic religious organisation/leader or other elder
Mediator, facilitator or similar
No mention of mediator or similar

Local issues

Ritual/prayer and process (including use of scripture)
Page 1, In the name of Allah, the Beneficent, the Merciful

Page 1, Blessings and peace on our noble prophet and envoy of Allah, guided by the Almighty.

Page 1, “Repel [evil] by that [deed] which is better; and thereupon the one whom between you and him is enmity [will become] as though he was a devoted friend. But none is granted it except those who are patient, and none is granted it except one having a great portion [of good].” [Surat Fussilat 34]
And the Almighty said: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [Surat al-Maidah 2]
And he, peace by upon him, said: “The whole of a Muslim is inviolable for another Muslim: his blood, his property, and his honour.” [Hadith Nawawi 35]
Grievance List
Page 1, In order to preserve the cohesion of the social fabric and to fix the rift between brothers, neighbours and siblings in one nation, and in the desire to avoid more strife, wars and bloodshed, we stand today at this historic milestone to witness and to assist the sensible position called for by the Mashashiyya and Zintan tribes as well as those other tribes around them (to rise above injury and return kinship and repair the rift so that tranquillity and peace may return to Libya.
Cattle rustling/banditry

No specific mention.

Social cover
Page 1, 6. In the case of any act of aggression or criminal act by any individual or group from the quarreling parties, the case against the offender or offenders will be determined and they will be handed over to a neutral agency agreed-upon by the parties, or to the reconciliation council given that the parties pledged not [to engage] in indiscriminate and random retaliation with the raising of social coverage from the defectors.

In the name of Allah, the Beneficent, the Merciful Blessings and peace on our noble prophet and envoy of Allah, guided by the Almighty.

“Repel [evil] by that [deed] which is better;

and thereupon the one whom between you and him is enmity [will become] as though he was a devoted friend.

But none is granted it except those who are patient, and none is granted it except one having a great portion [of good].” [

Surat Fussilat 34]

And the Almighty said:

“And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [

Surat al-Maidah 2]

And he, peace by upon him, said:

“The whole of a Muslim is inviolable for another Muslim:

his blood, his property, and his honour.” [

Hadith Nawawi 35]

In order to preserve the cohesion of the social fabric and to fix the rift between brothers, neighbours and siblings in one nation, and in the desire to avoid more strife, wars and bloodshed, we stand today at this historic milestone to witness and to assist the sensible position called for by the Mashashiyya and Zintan tribes as well as those other tribes around them (to rise above injury and return kinship and repair the rift so that tranquillity and peace may return to Libya.

The reconciliation council is comprised of:

Warfallah Tribe, Tarhunah Tribe, Gharyan Tribe, Gadhdhafiyya Tribe, Sa’iyan, Rajban, Jadu, al- Asabi’ah, al-Ruhaybat, al-Qawalish, al-Hawamid, al-Zuwayyah Tribe, Burqah Tribes.

After rounds of communication regarding the current problem in the region of al-‘Awiniyya, ‘Umur, and Zawiyya al-Baqu between the Zintan, the Mashashiyya, the Quntrar and tribes bordering al- ‘Awiniyya, and numerous calls with all parties, with a mandate from the warring tribes to the council comprised of the afore-mentioned tribes, and after examination of all circumstances surrounding this problem with the councils entrusted and authorized by the relevant tribes, the reconciliation council reached consensus on the following agreement:

1. The people of al-‘Awiniyya, Zawiyya al-Baqul and ‘Umur remain in their homes, with the return of incomers1 from other regions back to their place of origin.

2. Return of emigrants from Mizda to their homes from Zintan, Quntrar, Mashashiyya and others.

3. Concealment of all provocative, armed presences in all conflict zones.

4. Securing the roads leading in and out of the mentioned places, and ensuring that no checkpoints are established.

5. Coordination with security directorates in the bordering regions to put in place a plan to secure the roads in coordination with the councils from all parties.

6. In the case of any act of aggression or criminal act by any individual or group from the quarreling parties, the case against the offender or offenders will be determined and they will be handed over to a neutral agency agreed-upon by the parties, or to the reconciliation council given that the parties pledged not [to engage] in indiscriminate and random retaliation with the raising of social coverage from the defectors.

7. The reconciliation council takes charge of the matters of services, maintenance, compensation for damages, and removing the remnants of the war in all aforementioned areas under the remit of the official agencies through a council formed for this purpose.

8. The settling of the current conflict between the parties on the lands and properties of the town Mizda and other areas, not going beyond what is in conformity with shariah, traditional authority, and the mandate of the council to settle the conflict.

Any party that does not submit to the view of the council during the period defined by the council will have a ruling issued against them, and will be turned over to the competent authorities.

9. The council undertake an inspection into the matters of blood, misdeeds and missing persons in accordance with the demands presented by all parties.

10. The introduction of any power or other party for their use in the attacking of any other parties is not permissible to any party.

Signatures:

Mashashiyya Tribe[13 signatories]

Reconciliation Council [4 signatories]

Zintan Tribe [9 signatories]

Al-Qantrar [7 signatories]

Neighbouring Areas [3 signatories]