Country/entity

Libya

Region

Middle East and North Africa

Agreement name

Final Agreement between Zintan and Mashashiyya

Date

18 May 2017

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.

Close

Libyan Conflicts (1969 - 1994) (2011 - )

Stage

Framework/substantive - partial

Conflict nature

Inter-group

Peace process

Libyan local processes

Parties

The reconciliation committee is made up of the following areas: Wirfala, Tarhunah, Ghriyan, al- Qadhadhifah, Al Say’an, Al Rajbam, Jadu, al-Asabi’ah, Al Wijaibat, Al Fawalish, al-Hawamid, al- Zawiyyah, and the tribes of Barqah.

Agreement does not have signatories, but is approved by the head of the committee.

Third parties

-

Description

Agreement addresses the areas of al-Awinah, Awmar, Zawiyyah, al-Baqoul, and Mizdah between multiple tribes. Agreement provides for: (1) displaced persons; (2) opening and securing roads; (3) lifting of social cover; (4) reparation and reconstruction; (5) end of property conflicts by law; (6) investigation into killings and missing persons.

Agreement document

LY_170518_Final Agreement between Zintan and Mashashiyya_EN.pdf (opens in new tab) | Download PDF

Agreement document (original language)

LY_170518_Final Agreement between Zintan and Mashashiyya_AR.pdf (opens in new tab)| Download PDF

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. The agreement is the result of "rounds of talks with regard to the ongoing problem". 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 localised conflict and was signed by local tribal leaders, it stresses on the wish of the signing parties to "preserve the cohesion of the social fabric and to bring together our brothers and neighbours, who are all from the same nation".

Name of Locale

al-Awinah, Awmar, Zawiyyah al-Baqoul, Mizdah

Nature of Locale

Region

GPS Lat/Long (DD)

32.496052, 12.567581

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, Most Gracious, Most Merciful

Page 1, And peace and blessings be upon our Prophet, the Messenger of Mercy from the Lord of the Worlds. Based on His verse to “respond ‘to evil’ with that which is best, then the one you are in a feud with will be like a close friend. But this cannot be attained except by those who are patient and who are truly fortunate.”

Page 1, And his saying to “cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression.”

Page 1, And the saying of the Prophet that “All of a Muslim is a prohibited for another Muslim, his blood, his property, and his honour.”

Page 2, We ask Allah for guidance and acceptance, and that he bless these efforts. All praise be to Allah, the lord of the worlds.

Grievance List

Page 1, In order to preserve the cohesion of the social fabric and to bring together our brothers and neighbours, who are all from the same nation, out of a desire to avoid further sedition and wars, and to preserve blood during this historic turning point, we are witnesses and supporters of the excellent position that was called for by the tribe of al-Mashashiyyah and the tribe of Al Zintan, and the surrounding areas and tribes. This position has been taken provide redress and repair the social fabric in order to bring back social peace and harmony for the coming generations and for all of Libya.

Cattle rustling/banditry

No specific mention.

Social cover

Page 1-2, 6. In the case that there are any hostilities or crimes that are committed by any of the members of groups from any of the parties to the dispute, the matter shall be limited to the perpetrator(s) of the crime, and they shall be handed over to an impartial entity that is agreed upon by the parties, or the reconciliation committee. The parties pledge to not have an indiscriminate and irresponsible response, and there shall be no social protection to those that violate the rules.

In the Name of Allah, Most Gracious, Most Merciful

And peace and blessings be upon our Prophet, the Messenger of Mercy from the Lord of the Worlds.

Based on His verse to “respond ‘to evil’ with that which is best, then the one you are in a feud with will be like a close friend.

But this cannot be attained except by those who are patient and who are truly fortunate.”

And his saying to “cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression.”

And the saying of the Prophet that “All of a Muslim is a prohibited for another Muslim, his blood, his property, and his honour.”

In order to preserve the cohesion of the social fabric and to bring together our brothers and neighbours, who are all from the same nation, out of a desire to avoid further sedition and wars, and to preserve blood during this historic turning point, we are witnesses and supporters of the excellent position that was called for by the tribe of al-Mashashiyyah and the tribe of Al Zintan, and the surrounding areas and tribes.

This position has been taken provide redress and repair the social fabric in order to bring back social peace and harmony for the coming generations and for all of Libya.

The reconciliation committee is made up of the following areas:

Wirfala, Tarhunah, Ghriyan, al-Qadhadhifah, Al Say’an, Al Rajbam, Jadu, al-Asabi’ah, Al Wijaibat, Al Fawalish, al-Hawamid, al-Zawiyyah, and the tribes of Barqah.

After rounds of talks with regards to the ongoing problem in the areas of al-Awinah, Awmar, Zawiyyah, al-Baqoul, and Mizdah between the tribes of Al Zintan, al-Mashashiyyah, [ILLEGIBLE], and the surrounding tribes, and after several calls from all of the sides and with authority from the tribes in conflict, this committee, which is made up of the aforementioned tribes, after studying the evidence surrounding the problem, along with the committees that were tasked and mandated by the concerned tribes,

Has reached the following agreement:

The people of Awiyniya, Zawiyyat al-Baqoul, and Awmar shall remain in their homes, and the ones who are in other areas will leave those areas and return to their places of residence.

Those who were forcibly displaced from the city Mizdah will return to their homes from al-Zintan, al-Qintrar, al-Mashashiyyah, and others.

All armed manifestations in all of the areas of the conflict will be ended.

The roads that lead to and from the areas mentioned above will be secured, and there will no longer be any barriers or detentions made based on identity by any of the parties.

There shall be coordination with the security directorates in the neighboring areas to create a security plan to secure the roads in coordination with the committees from all of the parties.

In the case that there are any hostilities or crimes that are committed by any of the members of groups from any of the parties to the dispute, the matter shall be limited to the perpetrator(s) of the crime, and they shall be handed over to an impartial entity that is agreed upon by the parties, or the reconciliation committee.

The parties pledge to not have an indiscriminate and irresponsible response, and there shall be no social protection to those that violate the rules.

The Reconciliation Committee shall be responsible for following up with the services, maintenance, and compensation for the damages, as well as for removing the remnants of the fighting, in all of the areas that are mentioned with all of the official entities responsible for this through a committee that is formed for this purpose.

The ongoing conflicts between the parties over lands and real estate in the city of Mizdah, al-Awiniya, and other areas shall be ended, and not expanded, based on the law and customs, and the Conflict Resolution Committee shall be tasked with this.

Any party that does not adhere to the rulings of the committee during the specified time period set by the committee will have a ruling issued against them, and they shall be referred to the responsible official entities.

The Committee shall be responsible for looking into the cases of the killings, violations, and missing people based on the requests that are submitted to it by all parties.

None of the parties shall be allowed to bring in a force or other party and use them to attack the other parties to this agreement.

We ask Allah for guidance and acceptance, and that he bless these efforts.

All praise be to Allah, the lord of the worlds.

Peace be upon you

Written on / /2017

Approved by the Head of the Committee

[SIGNED]