Statement By The Meeting Of The JMC 5+5 And Eastern And Western Military And Security Commanders 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 Eastern And Western Military And Security Commanders In The Presence Of SRSG Bathily
Date: 15 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 units from West Libya
Military and security units from East Libya
Third parties: United Nations Support Mission in Libya (UNSMIL)
The Special Representative of the United Nations Secretary-General Abdoulaye Bathily
Description: A short agreement between the the 5+5 Joint Military Committee and multiple security and military units in the west and east of Libya which commits to creating just and secure conditions for elections. The provisions cover measures for organising free and fair elections, as well as prohibiting unjust use of force, arrest and politically motivated acts or intimidation towards citizens by security forces. Additionally there are provisions addressing humanitarian access and reparations and return for IDPs.

Agreement document: LB_230315_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→Substantive
5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
f- Reparation, redress for grievances resulting from former armed conflicts, and return of IDPs and refugees to their regions are among the most important pillars of reconciliation efforts and reunification of the Libyans.
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: 1. They agreed to come together and move forward towards organizing free and fair elections in Libya this year, 2023.
...
5. They also agreed on the following confidence-building measures to foster national reconciliation:
a- Criminalize acts of violence against civil peace that jeopardize the political process and the holding of free and fair elections.
...
g- The meeting agreed to continue communication among the leaders of the security and military units for joint security work to ensure the security of the electoral process.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
d- Prevent actions that impede or delay humanitarian aid and the protection of civilians.
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: 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: Rights related issues→Media and communication→Media roles
5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
b- Reject hate speech that incites citizens and adversely affects the work of the 5+5 JMC and efforts of national reconciliation.
Mobility/access: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
d- Prevent actions that impede or delay humanitarian aid and the protection of civilians.
e- Refrain from restricting the movement of persons and commodities across all Libyan regions and by all means of transportation.
Protection measures: Rights related issues→Protection measures→Protection of groups
5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
d- Prevent actions that impede or delay humanitarian aid and the protection of civilians.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
d- Prevent actions that impede or delay humanitarian aid and the protection of civilians.
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: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
g- The meeting agreed to continue communication among the leaders of the security and military units for joint security work to ensure the security of the electoral process.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: 3. The participating commanders of the military and security units stressed the need to abstain from using force, violence, arrest, or threats for political or material gains or for regional or factional interests.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: 3. The participating commanders of the military and security units stressed the need to abstain from using force, violence, arrest, or threats for political or material gains or for regional or factional interests.
Withdrawal of foreign forces: No specific mention.
Corruption: 3. The participating commanders of the military and security units stressed the need to abstain from using force, violence, arrest, or threats for political or material gains or for regional or factional interests.
Crime/organised crime: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
a- Criminalize acts of violence against civil peace that jeopardize the political process and the holding of free and fair elections.
...
c- Criminalize acts of violence, attacks, kidnappings, and intimidation targeting civilians.
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: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
f- Reparation, redress for grievances resulting from former armed conflicts, and return of IDPs and refugees to their regions are among the most important pillars of reconciliation efforts and reunification of the Libyans.
Missing persons: 5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
c- Criminalize acts of violence, attacks, kidnappings, and intimidation targeting civilians.
Reparations: Transitional justice→Reparations→Material reparations
5. They also agreed on the following confidence-building measures to foster national reconciliation:
...
f- Reparation, redress for grievances resulting from former armed conflicts, and return of IDPs and refugees to their regions are among the most important pillars of reconciliation efforts and reunification of the Libyans.
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.

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

TUNIS - On 15 March 2023, the United Nations Support Mission in Libya (UNSMIL) hosted a meeting in the presence of the Special Representative of the United Nations Secretary-General Abdoulaye Bathily bringing together the 5+5 Joint Military Committee (JMC) and an number of commanders of the military and security units in the West and East.

The meeting aimed to establish a safe and conducive environment for the political process and for holding free and fair elections this year, 2023.

The meeting stressed that the interests of Libya and its people come first and transcend all personal interests of all parties.

1. They agreed to come together and move forward towards organizing free and fair elections in Libya this year, 2023.

2. The participants stressed the need to communicate with each other and continue holding meetings inside Libya, in Tripoli and Benghazi, which sends positive messages and raises hope among Libyan citizens.

3. The participating commanders of the military and security units stressed the need to abstain from using force, violence, arrest, or threats for political or material gains or for regional or factional interests.

4. The participants reaffirmed their rejection of foreign interference in Libyan affairs.

5. They also agreed on the following confidence-building measures to foster national reconciliation:

a- Criminalize acts of violence against civil peace that jeopardize the political process and the holding of free and fair elections.

b- Reject hate speech that incites citizens and adversely affects the work of the 5+5 JMC and efforts of national reconciliation.

c- Criminalize acts of violence, attacks, kidnappings, and intimidation targeting civilians.

d- Prevent actions that impede or delay humanitarian aid and the protection of civilians.

e- Refrain from restricting the movement of persons and commodities across all Libyan regions and by all means of transportation.

f- Reparation, redress for grievances resulting from former armed conflicts, and return of IDPs and refugees to their regions are among the most important pillars of reconciliation efforts and reunification of the Libyans.

g- The meeting agreed to continue communication among the leaders of the security and military units for joint security work to ensure the security of the electoral process.