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.

Close

Yemeni Civil Wars (1994) (2011 - )

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

Local agreement properties

Process type

Informal but persistent process

Rationale

Whilst the agreement has buy-in from the wider community and members of the tribe, there are no explicit references in the agreement text or in further sources suggesting the presence of an external supporting mechanism or dedicated body to this or other local agreements in the area. It appears the agreement is to be self-managed by the tribe, adopting community enforcement and leadership from notable tribal figures and sheikhs. There is clearly a culture and practice of local peace agreement making among Yemeni tribes generally and internally within tribes, and particularly in this part of Yemen. Sources suggest that Yemeni Defence minister cited this agreement as an example for other tribes and communities to build upon and follow as an example.

Is there a documented link to a national peace process?

No

Link to national process: articulated rationale

No clear reference to the national process in the agreement text or from further sources.

Name of Locale

Ra's al 'Arah district, Lahj governorate

Nature of Locale

Other

GPS Lat/Long (DD)

12.652000, 43.914720

Participant type

Local armed group
Domestic religious organisation/leader or other elder
Local community/civilian group(s)/civil society organisations

Mediator, facilitator or similar

No mention of mediator or similar

Local issues

Ritual/prayer and process (including use of scripture)

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. Locate in agreement

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." ( Locate in agreement

Quran 3:103) Locate in agreement

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." Locate in agreement

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: Locate in agreement

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

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

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. Locate in agreement

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

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

Grievance List

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

Cattle rustling/banditry

No specific mention.

Social cover

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

We will not support, defend, or harbor such individuals. Locate in agreement

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

All signatories pledge to oppose such acts. Locate in agreement