Declaration of Good Intentions

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Declaration of Good Intentions
Date: 17 Oct 2019
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Libyan local processes
Parties: For the delegation of the Murzuq Arab citizens – Ali Mohamed SHAMSI
For the delegation of the Murzuq Tebu – Al Senousi Aja Saleh TOKA
Third parties: -
Description: Agreement facilitated by Aca Pacis Initiatives for Peace, the aim of starting a process of restoring trust and supporting the return of the displaced.

Agreement document: LB_191017_Declaration of Good Intentions (opens in new tab) | Download PDF
Agreement document (original language): LB_191017_Declaration of Good Intentions_AR (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: Groups→Refugees/displaced persons→Substantive
4. To take all necessary measures to facilitate the safe and peaceful return of displaced persons to their homes.
6. To form a commission composed of the heads of the Murzuq banks, the Tebu Elders of Murzuq, and the persons designated by the mediating party that will supervise the reactivation of the banking system in order to provide banking services to customers in displacement areas until return, ensuring that the infrastructure is not compromised.
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: 2. To establish a fact-finding commission, binding for both parties, and to permit it to have access to the city, along with human rights organizations and local media, in order to find out the facts.
Traditional/religious leaders: 6. To form a commission composed of the heads of the Murzuq banks, the Tebu Elders of Murzuq, and the persons designated by the mediating party that will supervise the reactivation of the banking system in order to provide banking services to customers in displacement areas until return, ensuring that the infrastructure is not compromised.
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: No specific mention.
Media and communication: 5. To cease all hostilities affecting civilians and their property and to stop hate speech.
Rights related issues→Media and communication→Media logistics
2. To establish a fact-finding commission, binding for both parties, and to permit it to have access to the city, along with human rights organizations and local media, in order to find out the facts.
Mobility/access: 2. To establish a fact-finding commission, binding for both parties, and to permit it to have access to the city, along with human rights organizations and local media, in order to find out the facts.
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: Socio-economic reconstruction→Banks→Personal or commercial banking
6. To form a commission composed of the heads of the Murzuq banks, the Tebu Elders of Murzuq, and the persons designated by the mediating party that will supervise the reactivation of the banking system in order to provide banking services to customers in displacement areas until return, ensuring that the infrastructure is not compromised.

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: Security sector→Ceasefire→General commitments
5. To cease all hostilities affecting civilians and their property and to stop hate speech.
Police: No specific mention.
Armed forces: No specific mention.
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: 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: 1. To identify abducted and missing persons, to disclose their fate, and to return them to their families.
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: 7. To form a tripartite commission to monitor the implementation of this agreement, consisting of two members from the delegation of the Arab citizens of Murzuq (Aheli), two from the delegation of the Tebu of Murzuq, and two appointed by the mediating party.
Related cases: No specific mention.
Source: No specific mention.

Agreement of Good Intent – Murzuq Peace Dialogues

Between the Aheli and Tebu of Murzuq

In the framework of a meeting held in Rome from 14 to 18 October, organized by the not-for-profit organization Ara Pacis Initiative, with the support of the Italian government, the delegation of the Arab citizens of Murzuq (Aheli) and the delegation of the Tebu of Murzuq found an agreement in principle on the following points:

1. To identify abducted and missing persons, to disclose their fate, and to return them to their families.

2. To establish a fact-finding commission, binding for both parties, and to permit it to have access to the city, along with human rights organizations and local media, in order to find out the facts.

3. To allow a technical commission to assess the extent of damage to public and private property.

4. To take all necessary measures to facilitate the safe and peaceful return of displaced persons to their homes.

5. To cease all hostilities affecting civilians and their property and to stop hate speech.

6. To form a commission composed of the heads of the Murzuq banks, the Tebu Elders of Murzuq, and the persons designated by the mediating party that will supervise the reactivation of the banking system in order to provide banking services to customers in displacement areas until return, ensuring that the infrastructure is not compromised.

7. To form a tripartite commission to monitor the implementation of this agreement, consisting of two members from the delegation of the Arab citizens of Murzuq (Aheli), two from the delegation of the Tebu of Murzuq, and two appointed by the mediating party.

The two delegations undertake to implement the terms of this understanding in the short term and pledge from now their readiness to start a process of constructive dialogue in order to reach a final agreement for peaceful coexistence between the two parties.

The dialogue phase will start with a meeting convened by Ara Pacis Initiative in Rome under the auspices of the Italian government.

Delegations from both sides will participate, along with notables, sages, and dignitaries from the Fezzan and Libya.

The Parties express their unremitting will and determination to make every effort to reach the final agreement.

Signatures:

Heads of Delegations

For the delegation of the Murzuq Arab citizens – Ali Mohamed SHAMSI

For the delegation of the Murzuq Tebu – Al Senousi Aja Saleh TOKA

ROME, October 17, 2019

Source:

Ara Pacis Initiative