Guidelines on the Humanitarian, Rehabilitation and Development (HRD) Component of International Monitoring Team (IMT)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Guidelines on the Humanitarian, Rehabilitation and Development (HRD) Component of International Monitoring Team (IMT)
Date: 3 Jun 2010
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Amb. Rafael E. Seguis, GRP Panel Chairman;
Mohagher Iqbal, MILF Panel Chairman
Third parties: Witnessed by: Datuk Othman Bin Abdul Razak, Malaysian Facilitator
Description: Agreement on the Humanitarian, rehabilitation and development (HRD) aspects of the International Monitoring Team mandate. Provisions include core task, associated tasks, staff composition, logistics and security, reporting, and duration.

Agreement document: PH_100603_Guidelines on HRD of the IMT.pdf (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: Groups→Religious groups→Rhetorical
Page 1, 2. Associated Tasks
c. Contribute to confidence building generally, and in particular, contacts between community and religious leaders.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, 1. Core Tasks
a. Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF), including issues related to internally displaced people, for a period of 12 months;
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: Page 1, 1. Core Tasks
c. Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

Page 1, 2. Associated Tasks
c. Contribute to confidence building generally, and in particular, contacts between community and religious leaders.

Page 1, 3. Staffing shall comprise
b. Persons from relevant local and international civil society organizations (CSOs)(these organisations to be proposed by EU for agreement by the Parties, and contracted by the EU to assist in the monitoring tasks);
c. And as appropriate, civilian or non-governmental personnel from other IMT partners, as agreed by the HRD Component Coordinator.

Page 2, 4. Logistics, Security
b. Underlining that EU may at any time withdraw its personnel (including civil society support staff) from the field, in case of concerns over the security environment.
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: Page 1, 1. Core Tasks
b. Monitor the observance of international humanitarian law and respect for human rights;

Page 1, 3. Staffing shall comprise
a. European personnel, designated by EU, shall include initially one humanitarian aid specialist and one human rights/international humanitarian law specialist; one shall be the HRD Component Coordinator, the other Deputy Coordinator;
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 1. Core Tasks
a. Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF), including issues related to internally displaced people, for a period of 12 months;

Page 1, 2. Associated Tasks
a. Ensure close coordination, complementary, and mutual support with the Civilian Protection Component (CPC);
b. Ensure coordination likewise with the Socio-Economic Assistance component, and where relevant with the Security Component.
c. Contribute to confidence building generally, and in particular, contacts between community and religious leaders.
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: Page 1, 2. Associated Tasks
b. Ensure coordination likewise with the Socio-Economic Assistance component, and where relevant with the Security Component.

Page 2, 4. Logistics, Security
a. As per IMT's Term of Reference (ToR), page 6 to 9;
b. Underlining that EU may at any time withdraw its personnel (including civil society support staff) from the field, in case of concerns over the security environment.
Ceasefire: No specific mention.
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 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: 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: Witnessed by: Datuk Othman Bin Abdul Razak, Malaysian Facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 1. Core Tasks
a. Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF), including issues related to internally displaced people, for a period of 12 months;
b. Monitor the observance of international humanitarian law and respect for human rights;
c. Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

Page 2, 6. Duration
a. The initial engagement of the EU shall be limited to the first 12-month duration of the IMT mandate, but may at the discretion of the EU be renewed should the IMT mandate be renewed and should progress on the ground be satisfactory;
b. This engagement may however be terminated without notice and at the discretion of the EU if the mandate, ToRs or format of the IMT is changed, or if the EU should consider at any time that the circumstances are no longer propitious to achieving the objectives of the HRD component;
Related cases: No specific mention.
Source: GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), pp. 313-314.

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL

GUIDELINES ON THE HUMANITARIAN, REHABILITATION AND DEVELOPMENT (HRD) COMPONENT OF INTERNATIONAL MONITORING TEAM (IMT)

The European Union's (EU) engagement will be subject, for all its duration, to continuing approval of both parties.

l, Core Tasks

Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF), including issues related to internally displaced people, for a period of 12 months;

Monitor the observance of international humanitarian law and respect for human rights;

Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

2. Associated Tasks

al Ensure close coordination, complementarity, and mutual support with the Civilian

Protection Component (CPC);

b Ensure coordination likewise with the Socio-Economic Assistance component,

and where relevant with the Security component;

C Contribute to confidence building generally, and in particular, contacts between

community and religious leaders.

3. Staffing shall comprise

3. European personnel, designated by EU, shall include initially one humanitarian aid specialist and one human rights / international humanitarian law specialist;

one shall be the HRD Component Coordinator, the other Deputy Coordinator,

b. Persons from relevant local and international civil society organizations (CSOs)

(these organisations to be proposed by EU for agreement by the Parties, and contracted by the EU to assist in the monitoring tasks);

And as appropriate, civilian or non-governmental personnel from other IMT partners, as agreed by the HRD Component Coordinator,

4. logistics.

Security

al As per IMT's Term of Reference (ToR), page 6 to 9,

h Underlining that EU may at any time withdraw its personnel (including civil Society support staff) from the field, in case of concerns over the security environment.

5. Reporting

8. HRD Component Coordinator shall be under the administrative authority of the I Head of Mission (HoM), and shall provide his regular reports via the HoM (copy furnished Secretariat and EU).

6 Duration

The initial engagement of the DU shall be limited to the first 12-month duration of the IMT mandate, but may at the discretion of the EU be renewed should the IMI mandate be renewed and should progress on the ground be satisfactory,

b his engagement may however be terminated without notice and at the discretion of the EU if the mandate, ToRs or format of the IMT is changed, or if the CU should consider at any time that the circumstances are no longer propitious to achieving the objectives of the HRD component,

c This engagement does not prejudge additional support above the announced

involvement in the HRD component of the IMT.

Done this 3" day of June 2010 in Kuala Lumpur, Malaysia.

FOR THE GRP:

FOR THE MILF:

AEL E. SEG MOH BAL nel Chairman MILF Panel Chairman

SIGNED IN THE PRESENCE OF:

DATUK OT BLIN ABD RAZAK Malaysfan Facilitator