Rules and Procedures to Implement the Intent and Provisions of the Peace Agreement between the Republic of the Philippines and the Rebolusyonaryong Partido NG Manggagawa – Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade

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Country/entity: Philippines
Rebolusyonaryong Partido ng Manggagawa-Pilipineas (RPMP/RPA/ABB)
Region: Asia and Pacific
Agreement name: Rules and Procedures to Implement the Intent and Provisions of the Peace Agreement between the Republic of the Philippines and the Rebolusyonaryong Partido NG Manggagawa – Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade
Date: 14 Oct 2002
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
Peace process: Philippines: RAM process
Parties: SEC. TERESITA QUNITOS-DELES, NAPAC Leader Convenor and IEMC Chair person

BISHOP HILARIO M. GOMEZ, JR, UCCP Bishop Emeritus and JEMC Vice-Chairperson

USEC. VICTOR A. MAYO, NSC Deputy Dir.-Gem. and JEMC Member

MR. STEPHEN PADUANO, RPMP/P/RPA/ABB Peace Panel and JEMC Member

MR. VERONIC TABARA, RPM/P/RPA/ABB Peace Panel and JEMC Member
Third parties: -
Description: The Agreement sets out the rules and procedures to implement the intent and provisions of the Peace Agreement between the Government of the Republic of Philippines and the RPM-P/RPA/ABB. Pursuant to this, the Agreement establishes the Joint Enforcement and Monitoring Committee (JEMC) to supervise the implementation of the Peace Agreement. Moreover, the JEMC shall be assisted by four local level Technical Working Groups (N-TWG), including the N-TWG on the Cessation of Hosilities, Civil and Political Rights, Reintegration and Development. Moreover the Implementation groups shall ensure community consultation in this process.

Agreement document: PH_021014_JEMC Rules and Procedures.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 8, IV. Implementation Guidelines,
...
F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners
...
2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.
Disabled persons: Groups→Disabled persons→Substantive
Page 8, IV. Implementation Guidelines,
...
F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners
...
2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.
Elderly/age: Groups→Elderly/age→Substantive
Page 8, IV. Implementation Guidelines
...
F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners
...
2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.
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: Page 8, F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners

...

2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.
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 3, THE JOING ENFORCEMENT AND MONITORING COMMITTEE (JEMC)

C. JEMC Functions and Responsiblities
...

9. Invite concerned heads of government agencies and instrumentalities and representatives of civil society to participate in its activities as needed;

10. Conduct free honest ground-level consultations with affected communities on issues and concerns arising from the implementation of the provisions of the Peace Agreement;

Page 3, D. The JEMC Technical Working Group (TWG)

...

Community participation in the implementation of the provisions of the Peace Agreement shall be encouraged in consonance with its defined goal of building a just and human society to be enjoyed by all.

Page 4,

N-TWG on Civil and Political Rights- this body shall be composed of representatives from the Department of Justice (DOJ), the Commission on Human Rights (CHR), the Presidential Committee on the Grant of Bail, Release on recognizance and Pardons (PCBReP), and the RPMP/RPA/ABB and a mutually agreed community member.

Page 5

3. N-TWG on Reintegration- this body shall initially be composed of representatives from the National Program of Unification and Development Unit (OPAPP-NPUDU), the Cooperative Development Authority (TESDA), the Technical Livliehood and Resource Center (TLRC), the RPMP/RPA/ABB, and a mutually-agreed community member. The JEMC may expand the composition of this body as the need arises

Page 5, Local Monitoring Teams (LMTs)

The JEMC shall establish Local Monitoring Teams (LMTs) in identified areas in order to provide assistance in ensuring compliance with the provisions on the Cessation of Hostilities under Article II of the Peace Agreement and in areas indicated in Annex “D” of the Peace Agreement. Each LMT shall be comprised of a representative from the LGU nominated by the local Development Council, one (1) representative designated by the GRP, one (1) representative designated by the RPMP/RPA/ABB, and a community member of established integrity and impartiality mutually acceptable to both the GRP and the RPMP/RPA/ABB.

This shall be without prejudice to the establishment of LMTs by concerned civil society groups who may form their own local monitoring bodies in fulfilling its functions.

The LMTs established by the JEMC shall likewise function as the local JEMC monitoring office and communication centers for the community-level implementation of the Peace Agreement.

...

b. Community empowerment is a development principle that underpins all development projects. Therefore, each project should establish and/or recognize local community-based groups representing various stakeholders for their participation in these projects.

...

d. The development projects should be a foundation for sustained peace-building in the communities. The development project should, therefore, promote better governance and accountability of local government and community leaders, and develop community stakeholders’ capabilities in integrating development projects in local government programs.

Page 10, I Community Consultation and Validation Process

1. The JEMC shall ensure that all aspects of the implementation of the Peace Agreement shall be consulted with concerned communities. Correspondingly, the JEMC shall provide feedback to all interested parties on any action it has taken.

2. The JEMC shall give due consideration to the views and opinions expressed by the stakeholders of the Peace Agreement insofar as the guidelines, rules and regulations established by the JEMC for adoption are concerned.

3. The JEMC shall consider recommendations for improvement of the implementation of the Peace Agreement, as well as its duly-established guidelines/rules and regulations, and shall provide feedback at the local level regarding any action take thereon.

Page 10, MONITORING AND EVALUATION MECHANISMS

B. Evaluation and Periodic Reporting

...

4. The JEMC shall ensure that the assessment of the Peace Agreement shall involve the consultation of the stakeholders. the JEMC shall ensure that the dissemination of the yearly Implementation Status Report allows for maximum public awareness towards the implementation of the Peace Agreement.
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, TERMS OF REFERENCE
The implementation of the Peace Agreement signed between the Government of the Republic of the Philippines (GRP) and the Rebolusyonaryong Partido ng MANGGAGAWA-Pilipinas/ Revolutionary Proletarian Army/ Alex Boncayao Brigade (RPMP/RPA/ABB) on 06 December 2000 shall be governed by the General Principles underlying the agreed Common Statements in Article I of the said Agreement and the Comprehensive Peace Process in order to establish a genuinely democratic society characterized by justice, equity, tolerance harmonious pluralism, and full respect of human rights.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Other
Page 8, F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners

...

2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.

...

4. The JEMC shall be shall be tasked to coordinate with the N-TWG on Civil and Political Rights the processing and evaluation of the cases of all APOs indicated in Annexes “A”, “B”, and “C” of the Peace Agreement, and to monitor the same.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: PAGE 1, I. TERMS OF REFERENCE
The implementation of the Peace Agreement signed between the Government of the Republic of the Philippines (GRP) and the Rebolusyonaryong Partido ng maNGGAGAWA-Pilipinas/ Revolutionary Proletarian Army/ Alex Boncayao Brigade (RPMP/RPA/ABB) on 06 December 2000 shall be governed by the General Principles underlying the agreed Common Statements in Article I of the said Agreement and the Comprehensive Peace Process in order to establish a genuinely democratic society characterized by justice, equity, tolerance harmonious pluralism, and full respect of human rights.

Page 1, II. DEFINITION OF TERMS
C. Hostilities - acts of aggression and/or antagonism between parties. It is also expanded to include actions that are violative of people's basic rights, and/or which endanger the safety and security of the people and their properties, and contribute to the deterioation of peace and order in any given area.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 9-10, H. Development Projects

The process of peace-building as upheld by the Peace Agreement should result to poverty reduction and sustained development for the involved communities. Therefore, development projects shall be planed, implemented and evaluated for improved access to productive resources, human development services, economic and livelihood opportunities, and social protection of the communities.
Other: Page 4,

N-TWG on Civil and Political Rights- this body shall be composed of representatives from the Department of Justice (DOJ), the Commission on Human Rights (CHR), the Presidential Committee on the Grant of Bail, Release on recognizance and Pardons (PCBReP), and the RPMP/RPA/ABB and a mutually agreed community member.

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 7, Identification of Areas

...

2. The JEMC shall be responsible in identifying, verifying and finalizing the specific areas to be serviced by development projects, consistent with the provisions of the guidelines in Annex “D” of the Peace Agreement. The JEMC shall consider the criteria and standards to be employed in delineating specific areas based on the principle of equity and the genuine needs and development imperatives of the identified areas/beneficiary community.

Page 9-10, H. Development Projects

The process of peace-building as upheld by the Peace Agreement should result to poverty reduction and sustained development for the involved communities. Therefore, development projects shall be planed, implemented and evaluated for improved access to productive resources, human development services, economic and livelihood opportunities, and social protection of the communities.

The amount of P 500M for the implementation of these development projects as stipulated in Article V of the Peace Agreement (to include the initial 35% of said total project cost for the first yeare of implementation ) may be acquired through various modes from national and local government budges, as well as from externally acquired funds. Furthermore, the said amount amy be released through a combination of direct funding, or in the form of services and projects implemented by national and local government agencies, NGOs and the private sector.

The following implementation track shall be followed:

1. The JEMC shall identify the specific areas to be serviced by development projects based on Item 2, Section B, Art IV hereof. Such projects shall support the community development and poverty alleviation needs in identified areas.

2. General development project planning for specific areas shall be formulated jointly by the NAPC and the RPMP Foundation. On the other hand, the resource mobilization plan for these areas shall be formulated by the NAPC. To this end, the following peace and development parameters shall be employed:

a. The development project should be focused on community needs and validated through a participatory community process.

b. Community empowerment is a development principle that underpins all development projects. Therefore, each project should establish and/or recognize local community-based groups representing various stakeholders for their participation in these projects.

c. The development projects should take into account other existing initiatives of national and local government agencies, and private or religious organizations, which may be linked to the identified development projects under the Peace Agreement.

d. The development projects should be a foundation for sustained peace-building in the communities. The development project should, therefore, promote better governance and accountability of local government and community leaders, and develop community stakeholders’ capabilities in integrating development projects in local government programs. The JEMC, upon the nomination of the RPMP/RPA/ABB, may engage in the services of a third party to provide professional and technical assistance for socio-economic projects. The third party will be contracted under existing government rules and regulations.

3. Under the JEMC supervision, the N-TWG on Development, together with the L-TWGs, shall undertake the detailed planning on the implementation of projects. It may identify financial and other resources that can be mobilized within and outside national governments and local governments, at each provincial level of implementation.
National economic plan: No specific mention.
Natural resources: Page 7, C. Assistance in the maintenance of Peace and Order

…

3. The RPMP/RPA/ABB elements tapped by LGUs and appropriate agencies to provide assistance in the protection of forest and marine resources in the areas shall be subject to full concurrence b the JEMC towards ensuring that said function shall follow existing rules and regulations, including the duly-adopted Guidelines indicated above.
International funds: Page 9, H. Development Projects

...

The amount of P 500M for the implementation of these development projects as stipulated in Article V of the Peace Agreement (to include the initial 35% of said total project cost for the first yeare of implementation ) may be acquired through various modes from national and local government budges, as well as from externally acquired funds. Furthermore, the said amount amy be released through a combination of direct funding, or in the form of services and projects implemented by national and local government agencies, NGOs and the private sector.

...

3. Under the JEMC supervision, the N-TWG on Development, together with the L-TWGs, shall undertake the detailed planning on the implementation of projects. It may identify financial and other resources that can be mobilized within and outside national governments and local governments, at each provincial level of implementation.
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 8, D. Special Licenses and Permits to Carry Firearms

1. The granting of special licenses and permits to carry firearms for certain officers and members of the RPMP/RPA/ABB not exceeding one hundred (100) shall solely be for the purpose of self-defense.

...
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 5, Local Monitoring Teams (LMTs)

The JEMC shall establish Local Monitoring Teams (LMTs) in identified areas in order to provide assistance in ensuring compliance with the provisions on the Cessation of Hostilities under Article II of the Peace Agreement and in areas indicated in Annex “D” of the Peace Agreement. Each LMT shall be comprised of a representative from the LGU nominated by the local Development Council, one (1) representative designated by the GRP, one (1) representative designated by the RPMP/RPA/ABB, and a community member of established integrity and impartiality mutually acceptable to both the GRP and the RPMP/RPA/ABB.

This shall be without prejudice to the establishment of LMTs by concerned civil society groups who may form their own local monitoring bodies in fulfilling its functions.

The LMTs established by the JEMC shall likewise function as the local JEMC monitoring office and communication centers for the community-level implementation of the Peace Agreement.

Page 6-7, IMPLEMENTATION GUIDELINES

The JEMC shall carry out its tasks and responsibilities in accordance with the following general implementing guidelines:

A. Cessation of Hostilities

1. The cessation of the hostilities between the GRP and the RPMP/RPA/ABB shall be pursued in full observance of the terms and conditions stipulated in the provisions of the Peace Agreement and Item 1, Section II of the Clarificatory Document said Agreement. The JEMC shall formulate the implementing guidelines containing appropriate coordinative mechanisms to observe the provision on the cessation of hostilities.

2. The conduct of investigations/validation of report violations to the provision on the Cessation of Hostilities shall be in accordance with a prescribed Reporting Flowchart to be drawn up by the JEMC.

3. The JEMC shall further establish or evolve the definition and parameters of the terms “hostilities”.
Police: Page 7, Assistance in the maintenance of Peace and Order

In accordance with Item 2, Article I of the Clarificatory Document to the GRP-RPMP/RPA/ABB Peace Agreement, the nature and extent of RPMP/RPA/ABB assistance In the maintenance of peace and order as stipulated in Item 2, Article II of the Peace Agreement, shall not be interpreted as a diminution of the police and law enforcement powers exercised and performed by duly-elected and/or appointed authorities under the provisions of the Local Government Code.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3-4
3. N-TWG on Reintegration- this body shall initially be composed of representatives from the National Program of Unification and Development Unit (OPAPP-NPUDU), the Cooperative Development Authority (TESDA), the Technical Livliehood and Resource Center (TLRC), the RPMP/RPA/ABB, and a mutually-agreed community member. The JEMC may expand the composition of this body as the need arises

This body shall:

- Assist the JEMC in drawing up the guidelines on the utilization and implementation of the P 10M Reintegration Fund pursuant to Item 4, Section IV of the Peace Agreement.
- Provide appropriate support in monitoring and evaluating the implementation of the P 10M Reintegration Fund based on the JEMC-adopted Work and Financial Plan (WFP), and
- Ensure the successful reintegration into mainstream of RPMP/RPA/ABB members and political prisoners who will be released from imprisonment in accordance with the Peace Agreement.

Page 8, E. Disposition of Forces and Arms

Within a reasonable period of time, the JEMC shall draw up the schedule, and formulate a comprehensive program for the final disposition of forces and arms by the RPMP/RPA/ABB upon the mutual recommendation of the GRP and the RPMP/RPA/ABB Panels.

Page 8-9, G. Reintegration Fund

1. The JEMC shall be responsible in formulating the mechanics on the release and utilization of the Reintegration fund...
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 4,

N-TWG on Civil and Political Rights- this body shall be composed of representatives from the Department of Justice (DOJ), the Commission on Human Rights (CHR), the Presidential Committee on the Grant of Bail, Release on recognizance and Pardons (PCBReP), and the RPMP/RPA/ABB and a mutually agreed community member.

This body shall:

- Process the list of APO and political prisoners indicated in Annexes “A” and “B” of the Peace Agreement; the list of RPMP/RPA/ABB panelists and consultants indicated in Annex “C” of the same; and other officers and members of the RPMP/RPA/ABB who are not included in Annex “C” and who are currently subject to prosecution pursuant to Section IV of the Peace Agreement, in accordance with existing laws, rules and procedures;

- Monitor the status of the released APOs/ political prisoners and/or the dropping/dismissal of criminal charges against them.

Page 8, F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners

1. The dropping of charges filed against RPMP/RPA/ABB Panelists and Consultants pursuant to Section III of the Peace Agreement, and the release of two hundred thirty five (235) Alleged Political Offenders (APOs) under Section of the same shall be conducted in accordance with existing laws, guidelines and judicial processes.

2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.

3. The JEMC shall regularly monitor the status of the dropping of charges filed against RPMP/RPA/ABB panelists and consultants found in Annex “C” of the Peace Agreement.

4. The JEMC shall be shall be tasked to coordinate with the N-TWG on Civil and Political Rights the processing and evaluation of the cases of all APOs indicated in Annexes “A”, “B”, and “C” of the Peace Agreement, and to monitor the same.

5. All actions taken by the JEMC relative to the provision of the Peace Agreement on the release of APOs and dismissal of cases of RPMP/RPA/ABB Panelsits, Consultants, officers and members shall immediatelt be forwarded to and shall follow the existing Guidelines laid down by the DOJ and the Presidential Committee on the Grant of Bail, Release on Recognizance and Pardons (PCBReP).

Page 8, F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners
1. The dropping of charges filed against RPMP/RPA/ABB Panelists and Consultants pursuant to Section III of the Peace Agreement, and the release of two hundred thirty five (235) Alleged Political Offenders (APOs) under Section of the same shall be conducted in accordance with existing laws, guidelines and judicial processes.
...

5. All actions taken by the JEMC relative to the provision of the Peace Agreement on the release of APOs and dismissal of cases of RPMP/RPA/ABB Panelsits, Consultants, officers and members shall immediately be forwarded to and shall follow the existing Guidelines laid down by the DOJ and the Presidential Committee on the Grant of Bail, Release on Recognizance and Pardons (PCBReP).
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 4,

N-TWG on Civil and Political Rights- this body shall be composed of representatives from the Department of Justice (DOJ), the Commission on Human Rights (CHR), the Presidential Committee on the Grant of Bail, Release on recognizance and Pardons (PCBReP), and the RPMP/RPA/ABB and a mutually agreed community member.

This body shall:

- Process the list of APO and political prisoners indicated in Annexes “A” and “B” of the Peace Agreement; the list of RPMP/RPA/ABB panelists and consultants indicated in Annex “C” of the same; and other officers and members of the RPMP/RPA/ABB who are not included in Annex “C” and who are currently subject to prosecution pursuant to Section IV of the Peace Agreement, in accordance with existing laws, rules and procedures;

- Monitor the status of the released APOs/ political prisoners and/or the dropping/dismissal of criminal charges against them.

Page 8, F. Release of Alleged Political Offenders Alleged Political Offenders (APOs)/Political Prisoners

1. The dropping of charges filed against RPMP/RPA/ABB Panelists and Consultants pursuant to Section III of the Peace Agreement, and the release of two hundred thirty five (235) Alleged Political Offenders (APOs) under Section of the same shall be conducted in accordance with existing laws, guidelines and judicial processes.

2. On humanitarian grounds, priority in the dropping of charges and/or release of APOs/Political Prisoners shall be given to minors, women, the aged, and the sick in evaluating the release of APOs. In general, however, the process of release should be done on case to case basis following the timetable to be established by the N-TWG on Civil and Political Rights, and adopted by the JEMC.

3. The JEMC shall regularly monitor the status of the dropping of charges filed against RPMP/RPA/ABB panelists and consultants found in Annex “C” of the Peace Agreement.

4. The JEMC shall be shall be tasked to coordinate with the N-TWG on Civil and Political Rights the processing and evaluation of the cases of all APOs indicated in Annexes “A”, “B”, and “C” of the Peace Agreement, and to monitor the same.

5. All actions taken by the JEMC relative to the provision of the Peace Agreement on the release of APOs and dismissal of cases of RPMP/RPA/ABB Panelsits, Consultants, officers and members shall immediatelt be forwarded to and shall follow the existing Guidelines laid down by the DOJ and the Presidential Committee on the Grant of Bail, Release on Recognizance and Pardons (PCBReP).
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: No specific mention.
Enforcement mechanism: Entire agreement concerns the effective implementation of the provisions of the Peace Agreement.

Page 2-3, THE JOING ENFORCEMENT AND MONITORING COMMITTEE (JEMC)

Pursuant to Section VII RPMP/RPA/ABB Peace Agreement, a Joint Enforcement and Monitoring Committee (JEMC) tasked to monitor and supervise the implementation of Peace Agreement is hereby established. The Committee shall be governed by the following rules and procedures.

In accordance with Item 1, Section VII of the Peace Agreement, the JEMC shall be composed of the following

1. Two members representing the GRP to be nominated/designated by said group;

2. Two members representing the RPMP/RPA/ABB to be nominated/designated by said group.

3. The 5th member to be chosen by the representatives of both the GRP and the RPMP/RPA/ABB from a list of persons of established integrity; ability and patriotism mutually-acceptable to both parties.

Upon its formation, the members of the Committeee shall elect from among themselves a Chairman and Vice-Chairman who shall each serve their term of office for (1) year, until the Committee elects their successor for the succeeding year

B. Term of Office

…

C. JEMC Functions and Responsiblities

The mandate of the Joint Enforcement and Monitoring committee shall be pursued in accordance with the commitments set forth by the GRP and the RPMP/RPA/ABB in the Peace Agreement, and the general principles embodied under Section I of the Clarificatory Document to the GRP-RPMP/RPA/ABB in the Peace Agreement. As such, it shall have the following functions and responsibilitites:

1. Formulate, issues and promulgate the Rules for the implementation of the Peace Agreement, and establish such other guidelines it may deem necessary to carry out its tasks

2. Formulate the corresponding work plans to implement the provisions of the Peace Agreement in accordance with a duly-adopted timetable for implementation;

3. Coordinate and synchronize all programs and projects of concerned government agencies and instrumentatlitites, as well as units and components of the RPMP/RPA/ABB, subject to their individual mandate and guidelines, and with the participation of LGUs, NGOs and local communities;

4. Draw up appropriate recommendaions, guidelines and details on the utilization and implementation of the provision of the P 10M Reintegration and P 500M Development Fund, as provided in Article IV and V of the Peace Agreement, in coordination and consultation with concerned government agencies, LGUs and NGOs.

5. Create, supervise and define the functions and responsibilities of its Technical Working Groups (TWGs), Local Monitoring Teams (LMTs), and other such bodies tasked to provide appropriate assistance in the implementation of the Peace Agreement;

6. Resolve conflicts and problem areas encountered in the process of implementing the various provisions of the Peace Agreement;

7. Gather relevant data, conduct preliminary investigations, generate reports, and coordinate with proper authorities to undertake appropriate actions on any substantial breach or violation of the terms and conditions of the Peace Agreement;

8. Submit to National Government Appropriate recommendations in the area of policy reform, and the improvement or strengthening of institutional mechaisms based on assessment of realities encountered in the conduct of implementing the Peace Agreement;

9. Invite concerned heads of government agencies and instrumentalities and representatives of civil society to participate in its activities as needed;

10. Conduct free honest ground-level consultations with affected communities on issues and concerns arising from the implementation of the provisions of the Peace Agreement;

11. Disseminate proper and timely information on the progress of implementation of the Peace Agreement in accordance with the mutually agreed Rules for the Conduct of Regular JEMC Meetings;

12. Perform such other functions or take such other measures as may be necessary to ensure the proper and effective implementation of the Peace Agreement.

Page 4-5, D. The JEMC Technical Working Group (TWG)

All departments, agencies and instrumentalities of government, as well as units and components of the RPMP/RPA/ABB, shall provide the necessary support to ensure the timely and effective implementation of the provisions of the Peace Agreement, in accordance with the principles and respective commitments of the GRP and the RPMP/RPA/ABB in the Peace Agreement.

Community participation in the implementation of the provisions of the Peace Agreement shall be encouraged in consonance with its defined goal of building a just and human society to be enjoyed by all.

Thus national and local level Technical Working Group (TWGs) jointly compose of representatives from various identified government agencies and the RPMP/RPA/ABB as determined by the JEMC members, are created to assist the Committee in the performance of its tasks.

Specifically, the National TWGs (N-TWGs) shall be assigned to:

1. Draft specific work plans;

2. Undertake the necessary technical preparations for the implementation of the provisions of the Peace Agreement, and

3. Endorse the same to the JEMC for adoption and/or appropriate action. The TWGs shall be responsible in executing the actual implementation of the Peace Agreement. Under the direct supervision and guidance of the JEMC, and submit regular updates and progress reports on the same.

Page 10, MONITORING AND EVALUATION MECHANISMS

A. Monitoring Mechanism

1. The JEMC shall monitor the implementation of all aspects of the Peace Agreement. the LMTs shall asset in the process of monitoring at the local level based on actual/on-site assessment and evaluation, and the regular progress reports submitted by the TWGs.

...

B. Evaluation and Periodic Reporting

...

4. The JEMC shall ensure that the assessment of the Peace Agreement shall involve the consultation of the stakeholders. the JEMC shall ensure that the dissemination of the yearly Implementation Status Report allows for maximum public awareness towards the implementation of the Peace Agreement.

5. The Parties to the Peace Agreement recognize that its implementation should be conducted in a transparent and open manner. The JEMC may allow the operational and financial audit of all or any aspect of the implementation of the Peace Agreement by the Commission on Audit.
Related cases: No specific mention.
Source: UN Peacemaker [http://peacemaker.un.org/philippines-peace-agreement2002]

Republic of the Philippines

JOINT ENFORCEMENT AND MONITORING COMMITTEE TO IMPLEMENT THE GRP-RPM-P/RPA/ABB PEACE AGREEMENT

RULES AND PROCEDURES TO IMPLEMENT THE INTENT AND PROVISIONS OF THE PEACE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) AND THE REBOLUSYONARYONG PARTIDO NG MANGGAGAWA-PILIPINAS REVOLUTIONARY PROLETARIAN ARMY/ ALEX BONCAYAO BRIGADE (RPM-P/RPA/ABB)

TERMS OF REFERENCE

The implementation of the Peace Agreement signed between tise Government of the Republic of the Philippines (GRP) and the Rebolusyonaryong Partido ng Manggagawa-Pilipinas/ Revolutionary Proletarian Army/ Alex Boncayao Brigade (RPM-P/RPA/ABB) on 06 December 2000 shall be governed by the General Principles underlying the agreed Common Statements in Article of the said Agreement and the Comprehensive Peace Process in order to establish a genuinely democratic Society characterized by justice, equity, tolerance, harmonious pluralism, and full respect for human rights.

Section VII of the Peace Agreement provides for the creation of a Joint Enforcement and Monitoring Committee (JEMC) tasked to supervise and monitor the implementation of the Peace Agreement.

Section III of the Clarificatory Document to the GRP-RPM-P/RPA/ABB Peace Agreement signed by both Parties on 26 February 2002 states that the JEMC shall be responsible in formulating the details and mechanics of the implementation of the Agreement.

DEFINITION OF TERMS

A. Office of the Presidential Adviser on the Peace Process (oPAPP) - the lead government agency in charge of the implementation, management direction and supervision of the government's comprehensive peace process pursuant to Executive Order No.

3, s-2001.

B. National Anti-Poverty Commission (NAPC)- the coordinating agency of the national government established under Republic Act 8425 tasked with the formulation and implementation of policies and programs for social reform and poverty alleviation.

C. hostilities - acts of aggression and/or antagonism between Parties.

It is also expanded to include actions that are violative of people's basic rights, and/or which endanger the safety and security of the people and their properties, and contribute to the deterioration of peace and order in any given area. .

D. Alleged Political Offenders (APOs)/Political Prisoner-persons incarcerated or detained for crimes committed in pursuit of their political beliefs or orientation, and political affiliation.

E. Reintegration — the process of assisting the members of the RPM-P/RPA/ABB and the political prisoners who will be released from imprisonment in accordance with the Peace Agreement, to return successfully to mainstream society and lead normal lives.

The term shall be understood to mean that the RPM-P/RPA/ABB shall take part in directly facilitating the process of reintegration.

F. Stakeholders - any individual or group whose welfare and interests are directly affected by the implementation of the Peace Agreement.

G. RPMP Foundation - a non-stock, non-profit organization duly-registered with the Securities and Exchange Commission (SEC) which has been established by the RPMP/RPA/ABB for the purpose of undertaking community development.

THE JOINT ENFORCEMENT AND MONITORING COMMITTEE (JEMC)

Pursuant to Section V. of the GRP-RPM-P/RPA/ABB Peace Agreement, a Joint Enforcement and Monitoring Committee (JEMC) tasked to monitor and supervise the implementation of the Peace Agreement is hereby established.

The Committee shall be governed by the following rules and procedures:

А. Composition of the JEMC

In accordance with term 1, Section VII of the Peace Agreement, the JEMC shall be composed of the following:

1. Two (2) members representing the GRP to be designated/appointed by the President

2. Two (2) members representing the RPM-P/RPA/ABB to be nominated/designated by said group;

3. The 5th Member to be chosen by the representatives of both the GRP and the RPM-P/RPA/ABB from a list of persons of established integrity, impartiality, ability and patriotism mutually-acceptable to both parties.

Upon its formation, the members of the Committee still elect from among themselves a Chairman and Vice-Chairman who shall each serve their term of office for one (1) year, until the Committee elects their successor for the succeeding year.

B. Term of Office

The Members of the JEMC shall function and continue t) hold office based on the mutual agreement of the GRP and the RPM-P/RPA/ABB.

In case of any change in JEMC membership, the initiating authority shall formally notify the rest of the Committee members of such changes as soon as possible.

The 5th Member of the JEMC may be replaced subject to the unanimous decision of the rest of the Committee members,

C. JEMC Functions and Responsibilities

The mandate of the Joint Enforcement and Monitoring.

Committee shall be pursued in accordance with the commitments set forth by the GRP and the RPM-P/RPA/ABB in the Peace Agreement, and the general principles embodied under Section l of the Clarificatory Document to the GRP-RPM-P/RPA/ABB Peace Agreement.

As such, it shall have the following functions and responsibilities:

1. Formulate, issue and promulgate the Rules and Procedures for the implementation of the Peace Agreement, and establish such other guidelines it may deem necessary to carry out its tasks;

2. Formulate the corresponding work plans to implement the provisions of the Peace Agreement in accordance with a duly-adopted timetable for implementation;

3. Coordinate and Synchronize all programs and projects of concerned government agencies and instrumentalities, as well as units and components of the RPM-P/RPA/ABB, subject to their individual mandate and guidelines, and with the participation of LGUs, NGOs and local communities;

4. Draw up appropriate recommendations, guidelines and details on the utilization and implementation of the provisions of the P 10M Reintegration Fund and P 500M

Development Fund, as provided in.

Article IV and V of the Peace Agreement, in coordination and consultation with concerned government agencies, LGUs and NGOs

5. Create, supervise, and define the functions and responsibilities of its Technical Working Groups (TWGs), Local Monitoring Teams (LMTs), and other such bodies tasked to provide appropriate assistance in the implementation of the Peace Agreement;

6. Resolve conflicts and problem areas encountered in the process of implementing the various provisions of the Peace Agreement;

7. Gather relevant data, conduct preliminary investigations, generate reports, and coordinate with proper authorities to undertake appropriate actions on any substantial breach or violation of the terms and conditions of the Peace Agreement;

8. Submit to National Government appropriate recommendations in the area of policy reform, and the improvement or strengthening of institutional mechanisms based on assessment of realities encountered in the conduct of implementing the Peace Agreement;

9. Invite concerned heads of government agencies and instrumentalities and representatives of civil society to participate in its activities as needed;

10. Conduct free and honest ground-level consultations with affected communities on issues and concerns arising from the implementation of the provisions of the Peace Agreement;

11. Disseminate proper and timely information on the progress of implementation of the Peace Agreement in accordance with the mutually agreed Rules for the Conduct of Regular JEMC Meetings;

−

12. Perform such other functions or take such other measures as may be necessary to ensure the proper and effective implementation of the Peace Agreement.

D. The JEMC Technical Working Group (TWG)

All departments, agencies and instrumentalities of government, as well as units and components of the RPM-P/RPA/ABB, shall provide the necessary support to ensure the timely and effective implementation of the provisions of the Peace Agreement, in accordance with the principles and respective commitments of the GRP and the RPM-P/RPA/ABB in the Peace Agreement.

Community participation in the implementation of the provisions of the Peace Agreement shall be encouraged in consonance with its defined goal of building a just and human society to be enjoyed by all,

Thus, national and local level Technical Working Groups (TWGs) jointly composed of representatives from various identified government agencies and the RPM-P/RPA/ABB, as determined by the JEMC members, are hereby created to assist the Committee in the performance of its tasks.

Specifically, the National TWGs (N-TWGs) shall be assigned to:

Draft specific work plans,

Undertake the necessary technical preparations for the implementation of the provisions of the Peace Agreement, and ፡

Endorse the same to the JEMC for adoption and/or appropriate action.

The TWGs shall be responsible in executing the actual implementation of the Peace Agreement under the direct supervision and guidance of the JEMC, and submit regular updates and progress reports on the same.

The JEMC shall be assisted by four (4) N-TWGs, namely:

N-TWG on the cessation of Hostilities- this body composed of representatives from the Department of National (Defense (DND), the Armed Forces / of the Philippines (AFP), the Department of interior and Local Government (DILG), the Philippine National Police (PNP), the Department of Environment and Natural Resources (DENR), the RPM-P/RPA/ABB, and a mutually-agreed community member.

The composition of this body may be expanded by the JEMC as it may determine from time to time.

This body shall handle issues and concerns relating to the following provisions of the Peace Agreement:

The grant of special licenses and permits to carry firearms for certain officers and members of the RPM-P/RPA/ABB, not exceeding one hundred (100) subject to existing laws, rules, regulations and procedures, and the distribution of such licenses and permits in accordance with the Geographical Distribution List of the 100 selected members of said organization;

The assistance to be extended and pursued by the RPM-P/RPA/ABB in full observance of the terms and conditions of article ll of the Peace Agreement in the maintenance of peace and order;

and

The commission of alleged hostile acts by either Parties in relation to the Peace Agreement

2. N-TWG on Civil and Political Rights - this body shall be composed of representatives from the Department of Justice DOJ), the Commission on Human Rights (CHR), the Presidential Committee of the Grant of Bail, Release on Recognizance and Pardons (PCBReP), the RPM-P/RPA/ABB, and a mutually agreed community member.

This body shall:

Process the list of APOs and political prisoners indicated in Annexes "A" and "B" of the Peace Agreement;

the list of RPM-P/RPA/ABB panellists and consultants indicated in Annex "C" of the same;

and, other officers and members of the RPM-P/RPA/ABB who are not included in Annex "C" and who are currently subject to prosecution pursuant to Section IV of the Peace Agreement, in accordance with existing laws, rules and procedures.

Monitor the status of the released APOs/ political prisoners and/or the dropping/dismissal of criminal charges against them,

3. N-TWG on Reintegration- this body shall initially be composed of representatives from the National Program for Unification and Development Unit (OPAPP-NPUDU), the Cooperative Development Authority (CDA), the Technical Education and Skills Development Authority (TESDA), the Technical Livelihood and Resource Center (TLRC), the RPM-P/RPA/ABB, and a mutually-agreed community member.

The JEMC may expand the composition of this body as the need arises

This body shall:

Assist the JEMC in drawing up the guidelines on the utilization and implementation of the P 10M Reintegration Fund pursuant to item 4, Section IV of the Peace Agreement

Provide appropriate support in monitoring and evaluating the implementation of the P 10M Reintegration Fund based in the JEMC-adopted Work and Financial Plan (WFP).

and

Ensure the successful reintegration into mainstream society of RPM-P/RPA/ABB members and political prisoners who will be released from imprisonment in accordance with the Peace Agreement.

NTWG on Development - this body shall be composed of representatives from the National Anti-Poverty Commission (NAPC), the Department of Social Welfare and Development (DSWD), the Department of Agriculture (DA), the Department of Agrarian Reform (DAR), the Department on Environment and Natural Resources (DENR), the Department of Health (DOH), the Housing and Urban Development Coordinating Council (HUDCC), the Department of Trade and Industry (DTI), the RPM-P/RPA/ABB, and mutuality-agreed community member.

The JEMC may expand the composition of this body as the need arises,

This body shall be tasked with the following responsibilities:

As provided in Section V of the Peace Agreement, assist the JEMC in drawing up the guidelines on the utilization of the P 500M Development Fund;

Provide support to the JEMC in coordinating and implementing the development projects.

E. Local Technical Working Groups.

To ensure proper, effective coordination and execution of the actual implementation process on the ground, Local Technical Working Groups (L-TWGs) shall also be created in areas identified by the JEMC.

The JEMC shall determine the agencies and bodies to be represented in each L-TWG.

The agencies and RPM-P/RPA/ABB represented in the National and Local TWGs as the case may be, shall officially designate one (1) permanent and one (1) alternate representative.

F. Local Monitoring Teams (LMTs)

The JEMC shall establish local Monitoring Teams (LMTs) in identified areas in order to provide assistance in ensuring Compliance with the provisions on the Cessation of Hostilities under Article of the Peace Agreement and in areas indicated in Annex "D" of the Peace Agreement.

Each LM shall be comprised, of a representative from representative from the LGU nominated by the local Development Council, one (1) representative designated by the GRP, one (1) representative designated by the RPM-P/RPA/ABB, and a community member of established integrity and impartiality mutually acceptable to both the GRP and RPM-P/RPA/AAB

This shall be without prejudice to the establishment of IMTs by concerned civil society - groups who may form their own local monitoring bodies the JEMC in fulfilling its functions.

The LMTs established by the JEMC shall likewise function as the local JEMC monitoring offices and communication centers for the community-level implementation of the Peace Agreement. .

The duties and responsibilities of the LMTs shall comprise the following:

Undertake field visits and consultations at the local level for the purpose of providing the JEMC timely update and information on the progress of implementation of the different aspects of the Peace Agreement;

Gather issues and receive complaints from stakeholders on Concerns arising from the implementation of the Peace Agreement;

Verify reports and complaints received through informal investigations/validation, and immediately submit a monitoring Report to the JEMC for quick response;

Provide appropriate recommendations the JEMC as guide in the resolution of issues and concerns relating to the implementation of the Peace Agreement;

and

2. Each LMT shall arrange for, and maintain, a monitoring center easily accessible to the identified implementation sites and concerned stakeholders, and which may be housed in an existing physical office as determined by the LMT members.

The LMTs may recommend to the JEMC the designation of a support staff who shall assist the concerned LMT in fulfilling its mandate and tasks,

3. Upon Creation, each LMT shall determine the conduct of its regular monitoring meetings based on the specific tasks assigned by the JEMC, and shall act on an "on-cal" status, depending on the situation on the ground.

The JEMC shall be responsible in drawing up the Manual of instruction for the LMTs. -

F. The JEMC Secretariat

A Secretariat composed jointly of representatives from the GRP and the RPM-P/RPA/ABB shall be established to provide overall support to the JEMC in carrying out its functions and activities.

The Joint Secretariat shall primarily be tasked to receive, consolidate, and monitor the submission by the different TWGs, LMTs and other concerned agencies of all documents, reports, communications and related data is the JEMC,

It shall likewise assist the JEMC in the conduct of overseeing, coordinating and monitoring the activities of the Technical Working Groups (TWGs) and the Local Monitoring Teams (LMTs).

G. Operational and Administrative Arrangements

The operationalization of the JEMC shall be guide:

by the prescribed.

Operational Flowchart found in Annex "A" hereof.

The JEMC and the Joint Secretariat shall maintain physical center of its operations.

The GRP, through the Office of the Presidential Adviser on the Peace Process (OPAPP), shall be responsible in providing a budget and an office space for the JEMC and its Joint Secretariat in accordance with Item 1, Section VII of the Peace Agreement, The GRP shall likewise extend appropriate administrative support for the established TWGs and LMTs.

Funds to be utilized for this purpose shall be included in the OPAPP budget.

IMPLEMENTATION GUIDELINES

The JEMC shall carry out its tasks and responsibilities in accordance with the following general implementing guidelines;

A. Cessation of Hostilities

The cessation of hostilities between the GRP and the RPM-P/RPA/ABB shall be pursued in full observance of the terms and conditions stipulated in the provisions of the Peace Agreement and item 1, Section II of the Clarificatory Document said Agreement.

The JEMC shall formulate the implementing guidelines containing appropriate coordinative mechanisms to observe the provision on the cessation of hostilities.

The conduct of investigation/validation of reported violations to the provision on the Cessation of Hostilities shall be in accordance with a prescribed Reporting Flowchart to be drawn up by the JEMC.

The JEMC shall further establish or evolve the definition and parameters of the term “hostilities”.

B. Identification of Areas

The term "areas controlled" by the RPM-P/RPA/ABB, stated in item 2, Article II of the Peace Agreement, shall be defined only as civilian communities where the RPM-P/RPA/ABB leaders, members and their families are located.

The JEMC shall be responsible in identifying, 'verifying and finalizing the specific areas to be serviced by development projects, consistent with the provisions of the guidelines in Annex. "

D" of the Peace Agreement.

The JEMC shall consider the criteria and standards to be employed in delineating specific areas based on the principle of equity and the genuine needs and development imperatives of the identified areal beneficiary community.

C. Assistance in the Maintenance of Peace and Order

In accordance with item 2, Article 1 of the Clarificatory Document to the GRP-RPM-P/RPA/ABB Peace Agreement, the nature and extent of RPM-P/RPA/ABB assistance in the maintenance of peace and order as stipulated in item 2, Article II of the Peace Agreement, shall not be interpreted as a diminution of the police and law enforcement powers exercised and performed by the duly-elected and/or appointed authorities under the provisions of the Local Government Code.

As such, the specific role and character of RPM--P/RPA/ABB assistance in the maintenance of peace and order shall be governed by site following:

Upon designation by duly-constituted authorities, RPM-P/RPA/ABB elements may provide appropriate assistance during authorized and properly supervised activities, in accordance with existing laws and regulations.

The conduct of such activities, however, must be subject to JEMC concurrence.

Where JEMC concurrence is obtained, the designating officer shall assume full responsibility for the actions of designated RPM-P/RPA/ABB elements in the conduct of the above-mentioned activities.

2. The JEMC shall coordinate with the DLG and the PNP in drawing up the Guidelines to define the scope, nature, role anal procedures governing the conduct of RPM-P/RPA/ABB assistance in the maintenance of peace and order, for adoption.

3. RPM-P/RPA/ABB elements tapped by LGUs at u appropriate agencies to provide assistance in the protection of forest and marine resources in their areas, shall be subject to full concurrence by the JEMC towards ensuring that said function shall follow existing rules and regulations, including the duly-adopted Guidelines indicated above.

Where JEMC concurrence has been obtained, LGUs and concerned agencies should submit to the Committee and the local AFP/PNP commands the names of RPM-P/RPA/ABB members being utilized for the same purpose.

D. Special Licenses and Permits to Carry Firearms

The granting of special licenses and permits to carry firearms for certain officers and members of the RPM-P/RPA/ABB not exceeding one hundred (100) shall solely be for the purpose of self-defence.

The PNP, in coordination with appropriate government agencies, shall establish the rules and procedures for the issuance of Special Permits to Carry Firearms outside Residence (SPTCFOR) for RPM-P/RPA/ABB members who will be granted special licenses and permits to carry firearms, pursuant to item 2, Article of the Peace Agreement and other pertinent provisions on this:

registration of firearms.

This will then be presented to the JEMC for eventual adoption.

The same rules and procedures shall govern the special licenses and permits to carry firearms earlier issued to twelve (12) leaders and consultants of the RPM-P/RPA/ABB during the period of peace negotiations.

The rules and procedures to be established for the issuance of SPTCFOR shall strictly adhere to the provision under item 3, Article of the Clarificatory Document to the GRP-RPM-P/RPA/ABB Peace Agreement, and shall follow the Geographical Distribution List of 100 selected RPM-P/RPA/ABB members for issuance licenses and permits to carry firearms indicated it.

Annex "A" thereof,

E. Disposition of Forces and Arms

Within a reasonable period of time, the JEMC shall draw tip the schedule, and formulate 2 comprehensive program for the final disposition of forces and arms.

by the RPM-P/RPA/ABB upon the mutual recommendation of the GRP and the RPM-P/RPA/ABB Panels.

F. Release of Alleged Political Offenders (APOs)/ Political Prisoners

The dropping of charges filed against RPM-P/RPA/ABB Panellists and Consultants pursuant to Section it of the Peace Agreement, and the release of two hundred thirty five (235) Alleged Political Offenders (APCs) under Section IV of the same shall be conducted in accordance with existing laws, guidelines and judicial processes.

On humanitarian grounds, priority in the dropping of charges and/or release of APOs/political prisoners shall be given to minors, women, the aged and the sick in evaluating the release of APOs.

In general, however, the process of release should be done on a case to case basis following a timetable to be established by the NTWG on Civil and Political Rights, and adopted by the JEMC.

The JEMC shall regularly monitor the status of the dropping of charges filed against RPM-P/RPA/ABB panellists and consultants found in Annex "C" of the Peace Agreement.

The JEMC shall be tasked to coordinate with the N-TWG on Civil and Political Rights the processing and evaluation of the cases of all APOs indicated in Annexes "A", "B" and "C" of the Peace Agreement, and to monitor the same.

All actions taken by the JEMC relative to the provision of the Peace Agreement on the release of APOs and dismissal of cases of RPM-P/RPA/ABB Panellists, Consultants, officers and members shall immediately be forwarded to, and shall follow the existing Guidelines laid down by, the DOJ and the Presidential Committee on the Grant of Bail, Release on Recognizance and Pardons (PCBReP).

H. Reintegration Fund

The JEMC shall be responsible in formulating the mechanics on the release and utilization of the Reintegration Fund.

The N-TWG on Reintegration shall be tasked to prepare and submit to the JEMC a Project Package Proposal with corresponding Work and Financial Plan (WFP) comprising of various suggested projects for implementation aimed at ensuring the successful reintegration into mainstream society RPM-P/RPA/ABB members and political prisoners who will be released from imprisonment in accordance with the Peace Agreement.

The JEMC, upon the nomination of the RPM-P/RPA/ABB, may engage the assistance of a third party in the preparation of the draft WFP for the Reintegration Fund.

Based on the approved WFP and Project Package Proposal, the RPM-P/RPA/ABB, through the conduit, shall ensure the proper management and implementation of the same.

H. Development Projects

The process of peacebuilding as upheld by the Peace Agreement should result to poverty reduction and sustained development for the involved communities.

Therefore, development projects shall be planned, implemented and evaluated for improved access to productive resources, human development services, economic and livelihood opportunities, and social protection of the communities,

The amount of P500M for the implementation of these development projects, as stipulated in Article V of the Peace Agreement (to include the initial 25% of said total project cost for the first year of implementation) may be acquired through various modes from national and local government budgets, as well as from externally acquired funds.

Furthermore, the said amount may be released through a combination of direct funding, or in the form of services and projects implemented by national and local government agencies, NGOs and the private sector.

The following implementation track shall be followed:

The JEMC shall identify the specific areas to be serviced by development projects based on item 2, Section B, Art IV hereof.

Such projects shall support the community development and poverty alleviation needs in identified areas.

General development project planning for specific areas shall be formulated jointly by the NAPC and the RPMP Foundation.

On the other hand, the resource mobilization plan for these areas shall be formulated by the NAPC.

To this end, the following peace and development parameters shall be employed:

a. The development project should be focused on community needs and validated through a participatory community process.

b. Community empowerment is a development principle that underpins all development projects.

Therefore, each project should establish and/or recognize local Community-based groups representing various stakeholders and provide for mechanisms that will bring these different stakeholders for their participation in these projects.

c. The development projects should take into account other existing initiatives of national and local government agencies, and private or religious organizations, which may be linked to the identified development projects under the Peace Agreement.

d. The development projects should be a foundation for sustained peacebuilding in the communities.

The development projects should, therefore, promote better governance and accountability of local government and community leaders, and develop community stakeholders' capabilities in integrating development projects in local government programs.

The JEMC, upon the nomination of the RPM-P/RPA/ABB, may engage the services of a third party to provide professional and technical assistance for Socio-economic projects.

The third party will be contracted under existing, government rules and regulations.

3. Under JEMC supervision, the N-TWG on Development, together with the L-TWGs, shall undertake the detailed, planning on the implementation of projects.

It may identify financial and other resources that can be mobilized within and outside national and local governments, at each provincial level of implementation.

4. The JEMC will approve the development projects and Work and Financial Plan.

5. The JEMC shall exercise oversight for the effective implementation of the development projects.

Furthermore, it shall approve a monitoring and evaluation system and timeline for the development projects.

I. Community Consultation and Validation Process

The JEMC shall ensure that all aspects of the implementation of the Peace Agreement shall be consulted with concerned communities.

Correspondingly, the JEMC shall provide feedback to all interested parties on any action it has taken.

The JEMC shall give due consideration to the views and opinions expressed by the stakeholders of the Peace Agreement insofar as the guidelines, rules and regulations established by the JEMC for adoption are concerned.

The JEMC shall consider recommendations for improvement of the implementation of the Peace Agreement, as well as its duly-Established guidelines/rules and regulations, and shall provide feedback at the local level regarding any action taken thereon.

In order to allow greater understanding and appreciation of the implementation of the Peace Agreement, the JEMC shall make public a guidelines procedures it has formulated, issued and/or adopted relative to the implementation process.

V. MONITORING AND EVALUATION MECHANISMS

A. Monitoring Mechanism

The JEMC shall monitor the implementation of all aspects of the Peace Agreement.

The LMT's shall assist in the process of monitoring at the local level based on actual/ on-site assessment and evaluation, and the regular progress reports submitted by the TWGs.

Towards ensuring effective monitoring at the local level, concerned LMTs shall be furnished copies of guidelines, work plans and other pertinent documents relating to the implementation of specific aspects of the Peace Agreement on the ground.

Any problems encountered during the local-level implementation of the Peace Agreement should be monitored and properly documented by the LMTs.

They shall require local stakeholders to provide formal written communication and documentary evidence (if possible) on specific issues raised.

The LMTs are expected to provide the JEMC with a report immediately after receipt of a formal written communication or complaint, and if possible within 24 hours.

Formal communication, reports and/or complaints directly addressed to the JEMC by other concerned parties may be coordinated with the LMTs for verification.

The LMTs should provide feedback on the matter of concern to the JEMC within the shortest possible time.

The LMTs shall provide the JEMC their periodic reports every quarter where these shall, in turn, be validated by the JEMC vis-a-vis the progress reports submitted by the TWGS.

The JEMC may conduct on-site and periodic visits in relation to the ground-level implementation of the Peace Agreement whenever necessary.

The JEMC shall provide relevant government agencies and other interested parties its official periodic Monitoring Updates on the progress of implementation of the different provisions of the Peace Agreement.

For monitoring community outcomes, the JEMC shall provide support, to the LMTs in determining and implementing the existing monitoring tools.

B. Evaluation and Periodic Reporting

The JEMC shall conduct a yearly evaluation of the implementation status of the Peace Agreement.

The results of the evaluation shall be submitted to the Office of the President, Congress and both Peace Panels.

The JEMC may also submit to the Office of the President appropriate recommendations in the area of policy reform and the improvement strengthening of institutional mechanisms based on the outcome of its evaluation of realities encountered and lessons learned in the conduct of implementing the Peace Agreement.

The JEMC shall ensure that the assessment of the Peace Agreement shall involve the consultation of the stakeholders.

The JEMC shall ensure that the dissemination of the yearly implementation Status Report allows for maximum public awareness towards the implementation of the Peace Agreement.

The Parties to the Peace Agreement recognize that its implementation should be conducted in a transparent and open manner.

The JEMC may allow the operational and financial audit of all or any aspect of the implementation of the Peace Agreement by the Commission on Audit.

EFFECTIVITY

These Rules and Procedures to implement the GRP-RPM-P/RPA/ABB Peace Agreement and the Clarificatory Document to the Peace Agreement shall take effect upon its signing.

DONE IN ILOILO CITY ON 14TH OCTOBER, 2002

Sec. Teresita Quintos-Deles (NAPC LEAD CONVENOR AND JEMC CHAIRPERSON)

Usec.

VICTOR A. MAYO (NCS, DEPUTY DIR-GEN, AND JEMC MEMBER)

Bishop Hilario M. Gomez, JR. (

UCCP BISHOP EMERITUS AND JEMC VICE- CHAIRPERSON)

MR. Stephen Paduano (RPM-P/RPA/ABB PEACE PANEL AND JEMC MEMBER)

MS. VERONICA TABARA (RPM-P/RPA/ABB Peace Panel and JEMC Member)