Subayha Treaty

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Country/entity: Yemen
Region: Middle East and North Africa
Agreement name: Subayha Treaty
Date: 23 May 2024
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Yemeni Civil Wars (1994) (2011 - )
The Republic of Yemen was formed in May 1990 after the merger between the Yemeni Arab Republic (YAR) in the north and the People’s Democratic Republic of Yemen (PDRY) in the south. The unification process was rushed and the final agreement between President Ali Abdullah Saleh and President Ali Salem al-Beidh was based on the imperfect promise of equality. Following the merger, integration of the militaries and civil services was at best incomplete or at times entirely non-existent. When Saleh’s General Congress Party (GPC) allied itself with the newly created Islamist Islah (‘reform’) party in 1993, the former ruling party of South Yemen – the Yemen Socialist Party (YSP) – was effectively side-lined in the 1993 General Elections. Violence involving the use of heavy weaponry and aerial bombardment erupted in April 1994 and on the 21 May 1994 Vice President al-Beidh declared the secession of the south, citing political centralization with the northern highland tribes, violence against the YSP and economic discrimination. In the midst of fighting, negotiations in Cairo, Egypt, collapsed. The war ended with the military victory of the north, and on the 1 October 1994, Ali Abdullah Saleh was elected President.

Despite the unification of Yemen in 1990, political power during the 1990s and 2000s remained centralized with the northern highland tribes, particularly the villages from which President Ali Abdullah Saleh and his confidants stemmed. The system of clientelism established through the ruling General People’s Congress party maintained relative loyalty among the fractured political allegiances of Yemen’s traditional tribal leadership. However, diminishing oil reserves and the shrinking opportunities for access to rent increased economic and political marginalization in Yemen’s peripheral communities. The degree of regionalism of conflicts is further defined by other local grievances. In the northern governorate of Sa’dah, a backlash was provoked among the local Zaydi Shi’a against Sunni Salafist cultural incursions resulting in six wars between 2004 and 2010. In the southern governorates of Hadramawt, Shabwa, al-Dhali and Abyan, civil and military personnel forcibly retired after the 1994 Civil War began protesting and eventually formed the secessionist Southern ‘al-Hiraak’ movement in 2007. Furthermore, tribal grievances have spurred attacks on oil companies and government installations to extract rents. Various takfiri groups including al-Qaeda in the Arabian Peninsula have also increased their presence since 1995.

The Yemen Spring in early 2011 allowed all these movements to express their joint displeasure. Moreover, factionalism in the regime split the already weak military and thus allowed the Houthis, the takfiris and tribal-based militia known as popular committees, to assert themselves militarily. Mandated by the UN-sponsored Gulf Cooperation Council Initiative, the National Dialogue held from March 2013 to January 2014 aimed at guaranteeing power-sharing among the different parties. However, the GCC Initiative only included formal political parties that did not accurately reflect political realities. Furthermore, provisions lacked adequate transitional justice and provided former-President Saleh, as well as others, full amnesty. As a result, little faith was placed in the process by formerly marginalized groups such as the Zaydi Shia Houthi rebels (Ansar Allah) and al-Hiraak who opted to increase their bargaining power vis-à-vis the state by strengthening their own territorial enclaves. In September 2014 the Houthis succeeded in capturing the capital Sana’a and gradually expanded their control southward. The subsequent UN-mediated Peace and National Partnership Agreement between transitional president Hadi and the Houthis on a federal, democratic Yemeni state, failed to be implemented as the Houthis successfully dissolved the parliament and deposed Hadi in January 2015. Following the Saudi military intervention to restore the Hadi government in March 2015, ceasefire attempts continuously failed. A two-year deadlock ensued until negotiations between the Houthis and the government of Yemen finally culminated in the Stockholm Agreement in December 2018. However, throughout 2019 the Saudi-led coalition continues to launch airstrikes. Furthermore, in May 2017 the Southern al-Hiraak movement had declared the secessionist formation of the Southern Transitional Council (STC), seizing the interim-capital Aden by January 2018. Territorial divisions between the Yemeni government, the Houthis, forces affiliated with Saudi Arabia and the United Arab Emirates, local militias and tribes have continued to fracture the country.
Stage: Ceasefire/related
Conflict nature: Other
Peace process: Yemen Inter-group Agreements
Parties: Office of Sheikh Abdulghani Muhiuddin Ali Salah

The Dignitaries, Sheikhs, and Elders of the Mudhayrah and Ras Al-Arah Districts:
- scholars
- dignitaries
- tribe members including elders, sheikhs, notable individuals,
- political and social figures,
- individuals and groups
Third parties: -
Description: Short internal tribal agreement to resolve violence between two districts within the Subayha tribal area in the south of Lahj governorate. Substantively the agreement adopts customary, traditional community enforcement and Islamic law related mechanisms, with long clauses and provisions referencing god and lifting of social cover for those members of tribe or community that violate the agreement. The agreement calls for ending of violence and bloodshed between tribal members and contains provisions for respect for the rule of law and basic human rights references, as well as dealing with criminal acts and behaviours that may jeopardise the agreement.

Agreement document: YE_240521_Subaiha Treaty_EN (opens in new tab) | Download PDF
Agreement document (original language): YE_240521_Subaiha Treaty (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: Groups→Racial/ethnic/national group→Rhetorical
All members are committed to preserving its identity, defending its distinctiveness, and safeguarding its sovereignty, and avoiding stirring up tribal, sectarian, or religious strife that would tear apart the community.
5. The interests of Subayha and its people must take precedence over any political or partisan factions, and all efforts should focus on advancing what meets the aspirations of its people.
6. Only the people of Subayha represent the will of Subayha, and no one has authority over its land except its own people.
All are committed to enabling the people of Subayha to realize their rights and entitlements.
Groups→Racial/ethnic/national group→Anti-discrimination
We are one family, and there is no difference between black and white.
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: No specific mention.
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: All are committed to enabling the people of Subayha to realize their rights and entitlements.
7. We declare our disassociation from any individuals who act outside the law, belong to terrorist organizations, or promote drugs and harmful substances.
We will not support, defend, or harbor such individuals.
We commit to not spilling blood, not seizing wealth or rights, and to maintaining peace, security, and safety.
10. In accordance with this covenant, any individual who commits a crime or incident after this agreement will be held accountable for their actions.
Such incidents will be considered personal crimes and the individual will face legal consequences.
We commit to not sheltering or covering up these actions, and to turning them over to the judiciary for judgment.
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: 1. The blood, wealth, and honor of every individual are sacred, and the only means of resolving disputes is through dialogue, adherence to Islamic law, and the inherited traditions and customs of our society, aiming to achieve consensus for social peace.

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: No specific mention.

Land, property and environment

Land reform/rights: 6. Only the people of Subayha represent the will of Subayha, and no one has authority over its land except its own people.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
1. The blood, wealth, and honor of every individual are sacred, and the only means of resolving disputes is through dialogue, adherence to Islamic law, and the inherited traditions and customs of our society, aiming to achieve consensus for social peace.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: We commit to not spilling blood, not seizing wealth or rights, and to maintaining peace, security, and safety.
Ceasefire: We commit to not spilling blood, not seizing wealth or rights, and to maintaining peace, security, and safety.
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: 2. We must avoid treason, incitement, suspicion, and stand united against any aggressor, whether from outside the people of Subayha or from within the community, without distinction between the various components of society.
7. We declare our disassociation from any individuals who act outside the law, belong to terrorist organizations, or promote drugs and harmful substances.
We will not support, defend, or harbor such individuals.
10. In accordance with this covenant, any individual who commits a crime or incident after this agreement will be held accountable for their actions.
Such incidents will be considered personal crimes and the individual will face legal consequences.
We commit to not sheltering or covering up these actions, and to turning them over to the judiciary for judgment.
All signatories pledge to oppose such acts.
Drugs: 7. We declare our disassociation from any individuals who act outside the law, belong to terrorist organizations, or promote drugs and harmful substances.
We will not support, defend, or harbor such individuals.
Terrorism: 7. We declare our disassociation from any individuals who act outside the law, belong to terrorist organizations, or promote drugs and harmful substances.
We will not support, defend, or harbor such individuals.

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: No specific mention.

Republic of Yemen

Ministry of Justice

Court and Documentation Sector

General Directorate of Documentation

Date:

23/5/2024

Code of Honor and Covenant among the People of Subayha

Praise be to Allah, the Lord of the Worlds, who said, "And hold fast, all of you together, to the rope of Allah and do not separate.

And remember the favor of Allah upon you when you were enemies, and He brought your hearts together, and you became, by His favor, brothers." (

Quran 3:103)

Peace and blessings be upon the Messenger of Allah, who said, "There is no faith for one who does not fulfill his trust, and there is no religion for one who does not keep his covenant."

Afterwards:

On Thursday, the 23rd of May 2024, corresponding to the 15th of Dhul-Qi’dah 1440 AH, the people of Subayha, including scholars, dignitaries, tribes, elders, sheikhs, notable individuals, and political and social components, both individuals and groups, signed this covenant in the face of political

project tensions.

This was followed by targeting the security and stability of Subayha and attempts to drag it into chaos, conflicts, and divisions.

All the people of Subayha, including scholars, dignitaries, tribes, elders, sheikhs, notable figures, and those who follow them, whether individually or collectively, have signed this covenant in the name of Allah and His agreement, which includes the following:

1. The blood, wealth, and honor of every individual are sacred, and the only means of resolving disputes is through dialogue, adherence to Islamic law, and the inherited traditions and customs of our society, aiming to achieve consensus for social peace.

2. We must avoid treason, incitement, suspicion, and stand united against any aggressor, whether from outside the people of Subayha or from within the community, without distinction between the various components of society.

We are one family, and there is no difference between black and white.

3. Subayha is a community with a deep-rooted identity that embraces partnership among its members and with those from outside its community.

4. Subayha is a unified geographical entity, encompassing coasts, mountains, plateaus, deserts, valleys, islands, and seas.

All members are committed to preserving its identity, defending its distinctiveness, and safeguarding its sovereignty, and avoiding stirring up tribal, sectarian, or religious strife that would tear apart the community.

5. The interests of Subayha and its people must take precedence over any political or partisan factions, and all efforts should focus on advancing what meets the aspirations of its people.

6. Only the people of Subayha represent the will of Subayha, and no one has authority over its land except its own people.

All are committed to enabling the people of Subayha to realize their rights and entitlements.

7. We declare our disassociation from any individuals who act outside the law, belong to terrorist organizations, or promote drugs and harmful substances.

We will not support, defend, or harbor such individuals.

8. We pledge to support the oppressed and defend their rights, adhering to the words of Allah:

"And no bearer of burdens will bear the burden of another" (Quran 35:18).

9. This covenant is sacred in the sight of Allah, and it is binding without return as long as Allah is worshipped, the water is drawn, the raven is black, and people are bowing in prayer.

We commit to not spilling blood, not seizing wealth or rights, and to maintaining peace, security, and safety.

We pledge to uphold this covenant and be ever-conscious of Allah in our dealings.

10. In accordance with this covenant, any individual who commits a crime or incident after this agreement will be held accountable for their actions.

Such incidents will be considered personal crimes and the individual will face legal consequences.

We commit to not sheltering or covering up these actions, and to turning them over to the judiciary for judgment.

All signatories pledge to oppose such acts.

11. This is our pledge, and anyone who betrays it will have to answer to Allah, who is the ultimate reckoner and witness.

Signed on 3/05/2023

Office of Sheikh Abdulghani Muhiuddin Ali Salah

And Allah is the best of witnesses.