Peace Document between the Had Yafa'a tribes, Lahj

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Country/entity: Yemen
Region: Middle East and North Africa
Agreement name: Peace Document between the Had Yafa'a tribes, Lahj
Date: 26 Apr 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: Implementation/renegotiation
Conflict nature: Inter-group
Peace process: Yemen Inter-group Agreements
Parties: Local authority:
Director General of Al-Hadd Directorate: Hussein Ahmed Awad Al-Jawhari

General leadership of governorate (described in sources as sheikhs/social figures, judicial authorities, transitional council in the district, military and security leaders):

Committee Members Responsible for Preparing the Document:
1. Ahmed Abdul Rahman Omar Al-Sayed
2. Sheikh Mohammed Abdul Rab Shaiba
3. Sheikh Saleh Abdullah Abdo Ahmed
4. Mr. Fadhl Mohsen Jaber
5. Mr. Abdul Rab Ali Al-Haj
6. Mr. Hussein Ali Abdul Rab Al-Dawoodi
7. Mr. Mohammed Qasim bin Qasim
8. Ahmed Mohammed Saleh Al-Abadli
9. Deputy Security Director of Al-Hadd: Sheikh Mohsen Alawi
10.Sheikh Ali Mohsen Mohammed Al-Majouhi
11.Sheikh Ali Hussein Al-Shiyuhi
12.Sheikh Ahmed Saleh Sinan
13.Mr. Ali Mohammed Mobar
14.Mr. Mohsen Abdullah Karama

(Document includes (but does not list names affiliated with) official stamps and signatures belonging to various other local authorities; representatives of local governance authorities, security forces and military leadership)
Third parties: -
Description: A short local agreement which aims to resolve inter-tribal conflict in the area and stipulates a two year period for the truce, appealing to notions of collective community enforcement and Islamic faith and law as ways of affirming the agreement. Substantively the agreement addresses respect for the rule of law and Islamic law and any social crimes or acts of violence that may disrupt the truce, including making provision for protection of roads and public services. There are also provisions for security and judicial authorities to enact detention and trial on any individual violating the agreement, with a general call to communities to reject violence and tribal fanaticism.

Agreement document: English - YE_240426_Peace Document between the Had Yafa tribes_EN (opens in new tab) | Download PDF
Agreement document (original language): YE_240426_Peace Document between the Had Yafa tribes (opens in new tab)| Download PDF
Source of document: https://www.aden-tm.net/news/282972

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: 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: All directorate residents must stand by them and activate the role of security committees in residential neighborhoods and remote areas, reporting any violations, infractions, suspicious movements, or practices and actions that harm individuals and society as quickly as possible.
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: Everyone must commit to and fulfill it out of respect and appreciation for the blood of the martyrs who sacrificed themselves in defense of homeland and religion, and for love of freedom and independence, and establishing the foundations of security, safety, and the rule of law and justice.
4. Anyone who attempts to violate the peace agreement shall be punished and criminalized, treated as a special criminal case, and personally punished according to the system and law.
5. Cases pending before the judiciary shall take their legal course, as well as for those who wish to pursue their cases through legal and religious means.
This document does not conflict with any legal procedures and does not stand as an obstacle before them.
No person has the right to exploit this document before any authority for the purpose of releasing any detainee pending a case before the law.
6. Security and judicial agencies must exert their utmost effort and expedite the resolution of cases before them.
Each person bears responsibility for their case and shall be punished for crimes committed according to Sharia and law.
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: Given the great importance of peace and its profound impact on individuals and society in general, Islamic law has been concerned with establishing foundations and controls for resolving disputes between individuals and achieving peace between individuals, tribes, and groups, and not only this, but Islam has also legislated peace between nations, between Muslims themselves, and between them and others.
Each person bears responsibility for their case and shall be punished for crimes committed according to Sharia and law.

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: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Intangible
2. Everyone must commit to this peace agreement and fulfill it based on our Islamic faith.
Islam has established the principle of fulfilling pledges and covenants as one of its fundamental principles and made it an obligatory duty, revealed in the Quran to be recited until the Day of Judgment.
Land, property and environment→Cultural heritage→Promotion
2. Everyone must commit to this peace agreement and fulfill it based on our Islamic faith.
Islam has established the principle of fulfilling pledges and covenants as one of its fundamental principles and made it an obligatory duty, revealed in the Quran to be recited until the Day of Judgment.
All are called to assume responsibility and adhere to Islamic teachings and values based on commanding good and forbidding evil, and stopping the oppressor either by deterring them from their oppression through advice or reconciliation, or by informing competent authorities to take necessary legal measures regardless of the degree of kinship between them, and not to fear the blame of critics for the sake of Allah.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: 3. No issues of any kind shall be raised whether by word or deed, no blocking of roads and public interests, and security authorities must be informed of any violations by any party to take legal measures against them.
Ceasefire: Security sector→Ceasefire→General commitments
1. The attendees approved a truce (peace agreement) between the conflicting people of Al-Hadd Directorate who have criminal cases involving killing and injuries, with the peace being in the name of the martyrs of Al-Hadd Directorate specifically and the South generally, for a period of two years from the date of this document's approval.
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 person has the right to exploit this document before any authority for the purpose of releasing any detainee pending a case before the law.
Crime/organised crime: 4. Anyone who attempts to violate the peace agreement shall be punished and criminalized, treated as a special criminal case, and personally punished according to the system and law.
Security and judicial authorities must arrest them, conduct necessary investigations, and bring them to trial as quickly as possible to receive punishment for their actions and serve as a lesson to those who break covenants and agreements, deviate from national consensus, and seek to destabilize security and disturb public tranquility.
Each person bears responsibility for their case and shall be punished for crimes committed according to Sharia and law.
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: No specific mention.
Reparations: No specific mention.
Reconciliation: All are called to assume responsibility and adhere to Islamic teachings and values based on commanding good and forbidding evil, and stopping the oppressor either by deterring them from their oppression through advice or reconciliation, or by informing competent authorities to take necessary legal measures regardless of the degree of kinship between them, and not to fear the blame of critics for the sake of Allah.

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.

In the Name of Allah, the Most Merciful, the Most Compassionate

The Republic of Yemen

Ministry of Justice

General Administration for Reconciliation

Truce (Peace Agreement)

Date:

1st of Rajab, 1445 AH

Corresponding to:

January 13, 2024 AD

Subject:

Peace Agreement in the name of the martyrs of Al-Hadd Directorate and Yafa specifically, and the South generally, between the people of Al-Hadd Directorate, Lahj.

Praise be to Allah, Lord of the Worlds, and peace and blessings upon the noblest of prophets and messengers, our master Muhammad, and upon all his family and companions, and thereafter:

The greatest way for a servant to seek closeness to his Lord is by striving to reconcile between people, as it is among the most noble deeds and greatest acts of worship.

Allah speaks truth in saying:

"There is no good in most of their secret talks except in him who enjoins charity or goodness or reconciliation between people.

And whoever does this seeking Allah's pleasure, We will give him a great reward."

Let everyone know that Allah has commanded us with this, saying in His Noble Book:

"And if two parties among the believers fall into a quarrel, make peace between them;

but if one of them transgresses beyond bounds against the other, then fight against the one that transgresses until it complies with the command of Allah;

but if it complies, then make peace between them with justice and be fair:

for Allah loves those who are fair and just."

And His saying:

"The believers are but brothers, so make reconciliation between your brothers and fear Allah that you may receive mercy."

Given what the public interest requires and in light of the current circumstances the country is going through, and our urgent need to reject differences and unite ranks hand in hand and shoulder to shoulder, with the Houthi enemy being meters away, lurking to target the people of the directorate specifically and the South generally - politically, economically, socially, militarily, and ideologically - we must deny this enemy the opportunity.

Among the greatest actions is seeking comprehensive peace between all warring tribes, and from a position of responsibility, it was incumbent upon the local authority leadership represented by the General Director of Al-Hadd Directorate, the President of the Transitional Council of Al-Hadd, the Security Belt Commander of Yafa-Al-Hadd, the Security Director of Al-Hadd Directorate, the Commander of the Southern Resistance of Al-Hadd, and all social figures who are keen and zealous about the security and stability of the directorate's people.

Given the current situations in the directorate including killing of souls that Allah has forbidden except by right, the spread of revenge phenomena, blind tribal fanaticism, terrorizing the peaceful, disturbing public tranquility, destroying crops, disrupting cultivation, blocking roads, and striking homes without regard for religious rulings, transgressing all divine teachings, civil laws, family relations, and brotherly rights and bonds without consideration for the grave consequences in both this world and the hereafter.

From this standpoint, the local, political, and military authority leadership and social figures met on Saturday, 1 Rajab 1445 AH, corresponding to 13/1/2024 CE, and concluded the following:

1. The attendees approved a truce (peace agreement) between the conflicting people of Al-Hadd Directorate who have criminal cases involving killing and injuries, with the peace being in the name of the martyrs of Al-Hadd Directorate specifically and the South generally, for a period of two years from the date of this document's approval.

Everyone must commit to and fulfill it out of respect and appreciation for the blood of the martyrs who sacrificed themselves in defense of homeland and religion, and for love of freedom and independence, and establishing the foundations of security, safety, and the rule of law and justice.

Given the great importance of peace and its profound impact on individuals and society in general, Islamic law has been concerned with establishing foundations and controls for resolving disputes between individuals and achieving peace between individuals, tribes, and groups, and not only this, but Islam has also legislated peace between nations, between Muslims themselves, and between them and others.

2. Everyone must commit to this peace agreement and fulfill it based on our Islamic faith.

Islam has established the principle of fulfilling pledges and covenants as one of its fundamental principles and made it an obligatory duty, revealed in the Quran to be recited until the Day of Judgment.

The Almighty says:

"And fulfill the covenant, indeed the covenant will be questioned" and He said:

"Those who break Allah's covenant after its ratification, and sever what Allah has ordered to be joined, and cause corruption on earth - for them is the curse, and for them is the worst home."

3. No issues of any kind shall be raised whether by word or deed, no blocking of roads and public interests, and security authorities must be informed of any violations by any party to take legal measures against them.

Deal with a spirit of tolerance, forgiveness, and cooperation as if nothing had happened.

As Allah says:

"Good and evil are not equal.

Repel evil with what is better, and then the one who was your enemy becomes like a close friend.

But none is granted this except those who are patient - none is granted this except those who are truly fortunate."

4. Anyone who attempts to violate the peace agreement shall be punished and criminalized, treated as a special criminal case, and personally punished according to the system and law.

Security and judicial authorities must arrest them, conduct necessary investigations, and bring them to trial as quickly as possible to receive punishment for their actions and serve as a lesson to those who break covenants and agreements, deviate from national consensus, and seek to destabilize security and disturb public tranquility.

All people of Al-Hadd will stand against them, stopping them and their supporters in their tracks.

5. Cases pending before the judiciary shall take their legal course, as well as for those who wish to pursue their cases through legal and religious means.

This document does not conflict with any legal procedures and does not stand as an obstacle before them.

No person has the right to exploit this document before any authority for the purpose of releasing any detainee pending a case before the law.

6. Security and judicial agencies must exert their utmost effort and expedite the resolution of cases before them.

All directorate residents must stand by them and activate the role of security committees in residential neighborhoods and remote areas, reporting any violations, infractions, suspicious movements, or practices and actions that harm individuals and society as quickly as possible.

7. Reject violence and blind tribal fanaticism.

Each person bears responsibility for their case and shall be punished for crimes committed according to Sharia and law.

All are called to assume responsibility and adhere to Islamic teachings and values based on commanding good and forbidding evil, and stopping the oppressor either by deterring them from their oppression through advice or reconciliation, or by informing competent authorities to take necessary legal measures regardless of the degree of kinship between them, and not to fear the blame of critics for the sake of Allah.

This requires maintaining it and its safety, putting an end to problems without expanding their scope, and reducing their intensity.

This was approved unanimously by the local, security, and military authority with the blessing and endorsement of the people of Al-Hadd Directorate from various regions.

Approved and issued on this Thursday, 6/6/1445 AH, corresponding to 18/1/2024 CE

Success and guidance come from Allah

[Signatories section:] Signatories to the Truce (Peace) Document issued on 18/1/2024

Signatories:

1. Local Authority:

o Director General of Al-Hadd Directorate:

Hussein Ahmed Awad Al-Jawhari

2. Committee Members Responsible for Preparing the Document:

1. Ahmed Abdul Rahman Omar Al-Sayed

2. Sheikh Mohammed Abdul Rab Shaiba

3. Sheikh Saleh Abdullah Abdo Ahmed

4. Mr. Fadhl Mohsen Jaber

5. Mr. Abdul Rab Ali Al-Haj

6. Mr. Hussein Ali Abdul Rab Al-Dawoodi

7. Mr. Mohammed Qasim bin Qasim

8. Ahmed Mohammed Saleh Al-Abadli

9. Deputy Security Director of Al-Hadd:

Sheikh Mohsen Alawi

10. Sheikh Ali Mohsen Mohammed Al-Majouhi

11. Sheikh Ali Hussein Al-Shiyuhi

12. Sheikh Ahmed Saleh Sinan

13. Mr. Ali Mohammed Mobar

14. Mr. Mohsen Abdullah Karama

This document also includes official stamps and signatures from various authorities, including representatives of local governance, security forces, and military leadership.