Agreement for a Complete and Permanent Ceasefire in Libya

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Agreement for a Complete and Permanent Ceasefire in Libya
Date
23/10/2020
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.

Libyan Conflicts (1969 - 1994) (2011 - ) )
Stage
Ceasefire/related (Ceasefire)
Conflict nature
Government/territory
Peace process
70: Libyan peace process
Parties
Representatives of the Libyan Army
Major General Ahmed Ali Abu Shahma
Brigadier General Al-mukhtar Milad Mohammed Nakkassa
Brigadier General Al-Fitouri Khalifa Salem
Colonel Mustafa Ali Mohammed Yahya
Colonel Radwan Ibrahim Mohammed Al-Gharari

Representatives of the Libyan National Army/ General Command
Major General Emraja’a Emhammed Mohammed Al-Ammami
Major General Faraj El-mabrouk Abdul Ghani Al-Soussa’a
Major General Attiya Awadh Mohamed Al-Sharif
Staff Major General Engineer Al-Hadi Hasan Ahmed Al-Falah
Major General Khairi Khalifa omar Al-Timimi
Third parties
Witness
United Nations Support Mission in Libya
Ms. Stephanie Williams, Acting Special Representative of the UN Secretary General and Head of UNSMIL
Mr. Salim Raad, Head of Security Institutions Service, UNSMIL Mr. Ayed Alhamad Khalayleh, Senior Police Advisor, UNSMIL Mr. Ali Kilkal, Security Institutions Service, UNMSIL
Description
Agreement providing for a complete and permanent ceasefire between the Libyan Army of the Government of National Accord (GNA) and the Libyan National Army of the General Command of the Armed Forces

Agreement document
LY_201023_ceasefire_agreement_between_libyan_parties_english.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
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

State definition
State configuration
Page 1, I. 1. Emphasize the territorial integrity of Libya and protection of its land, air and sea borders.
Self determination
Page 1, I. 2. Refrain from holding hostage the national decision-making and resources of the country to any external power.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
Page 1, I. 4. The human rights and rules of the International Humanitarian Law should be respected.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2, II. [...] in parallel, all mercenaries and foreign fighters shall depart from the Libyan territories - land, air and sea.

Page 3, II. 6. The JMC agreed to open the roads and land and air crossings across the Libyan territories, provided that urgent measures be taken by opening and securing the following roads:
a. CoastalroadofBenghazi-Sirte-Misurata-Tripoli.
b. Misurata-Abu Grain-Jufra-Sabha-Ghat.
c. TheroadofGheryan-Shwerif-Sabha-Murzug.
To this end, the 5+5 JMC supports the proposals concluded by the Joint Security Arrangements Committee that met in Hurghada, Egypt on 28 and 29 September 2020 and calls for arrangements to secure the safe passage of civilians, supply convoys and humanitarian organizations across those roads as per the following:
• A joint security room shall be formed, headed by the police officers who participated in the Hurghada meetings, to propose and implement special security arrangements that ensure safe passage across the aforementioned roads and other roads throughout the entire Libyan territory, as well as the areas cleared of military units and armed formations.
[...]
• The target roads shall be cleared of any military or armed forces once the joint force assumes duties.
Detention procedures
No specific mention.
Media and communication
Media roles
Page 2, II. 5. Halt the currently rampant media escalation and hate speech by of audio- visual broadcasting channels and websites.
Other
Page 2. II. 5. [...] The judicial and competent authorities shall be called upon to take the necessary measures to ensure serious and deterrent prosecution of these channels and websites. UNSMIL also calls for necessary measures to be taken to ensure that the administrations of social media applications shall take the necessary action regarding these platforms.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 2, II. 5. [...] The judicial and competent authorities shall be called upon to take the necessary measures to ensure serious and deterrent prosecution of these channels and websites.

Page 3, II. 8. The JMC agreed to take urgent measures for exchange of those detained as a result of military operations or arrest based on identity by forming specialized committees from the concerned parties.
Prisons and detention
Page 4, II. 8. The JMC agreed to take urgent measures for exchange of those detained as a result of military operations or arrest based on identity by forming specialized committees from the concerned parties.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
Page 3, II. The 5+5 JMC agreed to assign the Commander of the Petroleum Facilities Guard (PFG) in the Western Region, the Commander of the Petroleum Facilities Guard in the Eastern Region, and a delegate from the National Oil Corporation to liaise and submit a proposal to the 5+5 JMC the for restructuring and reorganizing the PFG, so as to ensure undisturbed and continued flow of oil.
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
Page 2, II Terms of Agreement:
2. ... in parallel, all mercenaries and foreign fighters shall depart from the Libyan territories - land, air and sea.

Page 3, II Terms of Agreement:
6. ...
- The 5+5 JMC shall select and define the duties of the Command of the Security Operation Room and his Deputies [...] The aforementioned command shall form the force assigned to secure the roads, on the basis of criteria of competence, experience and discipline.

Page 3, II Terms of Agreement:
7. End arrest based on identity or political affiliation, and limit prosecution and arrest to those wanted for criminal reasons and refer them to the relevant authorities.
Ceasefire
Ceasefire provision
Page 2, II Terms of Agreement:
1. The 5+5 JMC agreed on an immediate ceasefire, which shall take effect from the signature of this Agreement.
General commitments
Page 2, II Terms of Agreement:
2. Within a period of three months of the date of signing of this Ceasefire Agreement , all military units and armed groups shall clear all confrontation lines and return to their camps; in parallel, all mercenaries and foreign fighters shall depart from the Libyan territories - land, air and sea. Until a new unified government assumes its functions, military agreements on training inside Libya shall be suspended and training crews shall depart. The Security Operation Room established under this Agreement shall propose and implement special security arrangements to secure the areas cleared of military units and armed groups.
Police
No specific mention.
Armed forces
Page 2, II Terms of Agreement:
3. The 5+5 JMC agreed to form a limited military force of regular military personnel under an Operation Room to be established by the 5+5 JMC to deter expected violations, and the resources necessary for this operation shall be provided by all parties and actors.
DDR
DDR programmes
Page 2, II Terms of Agreement:
4. Immediately start identification and categorization of armed groups and armed entities on the entire Libyan territory, whether they are integrated into state institutions or not. Their status shall be defined and prepared for dismantlement in terms of their leaders, number of personnel, weapons and locations. A mechanism and conditions shall be developed to ensure reintegration on individual basis, of their members, into state institutions for those who meet the requirements and specifications of each institution and on the basis of the actual need of these institutions. Otherwise, a joint subcommittee with the support and participation of UNSMIL shall create opportunities and find solutions for those who do not meet the requirements or are unwilling to undergo such integration.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 2, II Terms of Agreement:
2. Within a period of three months of the date of signing of this Ceasefire Agreement , all military units and armed groups shall clear all confrontation lines and return to their camps; in parallel, all mercenaries and foreign fighters shall depart from the Libyan territories - land, air and sea [...]
Withdrawal of foreign forces
Page 2, II Terms of Agreement:
2. ... in parallel, all mercenaries and foreign fighters shall depart from the Libyan territories - land, air and sea.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
Page 1, I General Principles:
3. Combating terrorism is a common national policy, in which all political and security state institutions shall take part.

Page 4, II Terms of Agreement:
10. The ceasefire shall not apply to the UN-designated terrorist groups across the Libyan territory.

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
Page 1, A complete and permanent agreement for ceasefire in Libya between the Libyan Army of the Government of National Accord (GNA) and the Libyan National Army of the General Command of the Armed Forces was signed below by their authorized representatives and witnessed by the United Nations Support Mission in Libya (UNSMIL).

Page 1, The Agreement is the result of the United Nations mediation, with the support of the states participating in the Berlin Conference held on 19 January 2020, and of its relentless efforts to end the violence and humanitarian crisis from the continued armed conflict in Libya.

Page 2. II. 4. [...] Otherwise, a joint subcommittee with the support and participation of UNSMIL shall create opportunities and find solutions for those who do not meet the requirements or are unwilling to undergo such integration.

Page 2. II. 5. [...] UNSMIL also calls for necessary measures to be taken to ensure that the administrations of social media applications shall take the necessary action regarding these platforms.

Page 4, II. 9. In light of the prevailing positive atmosphere and complete confidence, the 5+5 JMC, in conjunction with UNSMIL team, will develop a mechanism to monitor the implementation of this Agreement.

Page 4, II. 12.The 5+5 JMC recommends and urges UNSMIL to forward the Ceasefire Agreement signed by the JMC to the Security Council to adopt a resolution to ensure compliance and implementation of this Agreement by all internal and external parties.
Enforcement mechanism
Page 4, II. 9. In light of the prevailing positive atmosphere and complete confidence, the 5+5 JMC, in conjunction with UNSMIL team, will develop a mechanism to monitor the implementation of this Agreement.

The University of Edinburgh