Statement By The Meeting Of The JMC 5+5 And Military And Security Commanders In Tripoli In The Presence Of SRSG Bathily

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Country/entity: Libya
Region: Middle East and North Africa
Agreement name: Statement By The Meeting Of The JMC 5+5 And Military And Security Commanders In Tripoli In The Presence Of SRSG Bathily
Date: 26 Mar 2023
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Libyan peace process
Parties: 5+5 Joint Military Committee (JMC)
Military and security commanders from western, eastern, and southern regions of Libya
Third parties: UN Special Representative of the Secretary-General for Libya (SRSG Bathily)
United Nations
Description: The agreement represents a meeting between the JMC 5+5 and Libyan military/security commanders from all regions, facilitated by the UN, to discuss advancing the political process and holding elections in 2023. The agreement emphasizes Libyan-led dialogue, rejection of foreign interference, and commitment to unifying military, security, and state institutions. Key points include rejecting violence, forming a unified government, addressing displacement issues, pursuing national reconciliation, and completing the electoral process.

Agreement document: LB_230326_Statement By The Meeting Of The JMC 5+5 (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→Rhetorical
The meeting in Tripoli emphasized the following points:
...
7. Increasing efforts to address the challenges facing those displaced and those affected by fighting and wars.
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: The meeting in Tripoli emphasized the following points:
...
6. Forming a unified government for all Libyan state institutions.
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): Governance→Political institutions (new or reformed)→General references
The meeting in Tripoli emphasized the following points:
...
5. Continuation of work towards unifying the military institutions through the Chiefs of Staff;
unifying the security institutions;
and the rest of the state institutions.
Elections: The meeting in Tripoli emphasized the following points:
...
9. Commitment to pursue elections and the need for the House of Representatives and the High Council of the State to complete the tasks entrusted with them.
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: Power sharing→Military power sharing→Merger of forces
The meeting in Tripoli emphasized the following points:
...
5. Continuation of work towards unifying the military institutions through the Chiefs of Staff;
unifying the security institutions;
Power sharing→Military power sharing→Joint command structures
The meeting in Tripoli emphasized the following points:
...
5. Continuation of work towards unifying the military institutions through the Chiefs of Staff;
unifying the security institutions;

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: 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: 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: No specific mention.

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: No specific mention.
Police: No specific mention.
Armed forces: The meeting in Tripoli emphasized the following points:
...
5. Continuation of work towards unifying the military institutions through the Chiefs of Staff;
unifying the security institutions;
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: The meeting in Tripoli emphasized the following points:
...
7. Increasing efforts to address the challenges facing those displaced and those affected by fighting and wars.
Missing persons: No specific mention.
Reparations: The meeting in Tripoli emphasized the following points:
...
8. Completion of national reconciliation and reparation efforts.
Reconciliation: No specific mention.

Implementation

UN signatory: On 4 Ramadan 1444 AH / 26 March 2023, the 5+5 Joint Military Committee (JMC), in the presence of the Special Representative of the Secretary-General of the United Nations for Libya, organized a meeting between commanders of the military and security units in the western, eastern, and southern regions.
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.

Statement by the meeting of the JMC 5+5 and military and security commanders in Tripoli in the presence of SRSG Bathily

In the name of God, the most gracious, the most merciful:

“Our Lord, decide between us and our people with truth.

You are the best of those who judge.”

On 4 Ramadan 1444 AH / 26 March 2023, the 5+5 Joint Military Committee (JMC), in the presence of the Special Representative of the Secretary-General of the United Nations for Libya, organized a meeting between commanders of the military and security units in the western, eastern, and southern regions.

The discussion focused on the role of the military and security institutions in providing a conducive environment for advancing the political process and holding free and fair elections during 2023.

The meeting in Tripoli emphasized the following points:

1. The dialogue should be Libyan–Libyan and inside Libya.

2. Rejection of foreign interference in Libyan affairs.

3. Full commitment to the outcomes of the dialogues between the military and security commanders that were decided during their first and second meetings held respectively in Tunis and Tripoli.

4. Rejection of fighting and all forms of violence throughout the entirety of Libya’s territory.

5. Continuation of work towards unifying the military institutions through the Chiefs of Staff;

unifying the security institutions;

and the rest of the state institutions.

6. Forming a unified government for all Libyan state institutions.

7. Increasing efforts to address the challenges facing those displaced and those affected by fighting and wars.

8. Completion of national reconciliation and reparation efforts.

9. Commitment to pursue elections and the need for the House of Representatives and the High Council of the State to complete the tasks entrusted with them.

It was also agreed to hold the next meeting during the month of Ramadan in Benghazi.