Executive Order No 117, Reconstituting the Joint Enforcement and Monitoring Committee to Implement the Peace Agreement between the Government of the Republic of the Philippines and the Rebolusyonaryong Partido NG Manggagawa - Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade, Repealing Executive Order No 225,dated January 4, 2001 and for other purposes

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Executive Order No 117, Reconstituting the Joint Enforcement and Monitoring Committee to Implement the Peace Agreement between the Government of the Republic of the Philippines and the Rebolusyonaryong Partido NG Manggagawa - Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade, Repealing Executive Order No 225,dated January 4, 2001 and for other purposes
Date: 20 Aug 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: Singed by ALBERTO G. ROMULO, Executive Secretary

(GLORIA MACPAGAL-ARROYO, PRESIDENT (?) signature not legible)
Third parties: -
Description: Agreement reconstitutes the Joint Enforcement and Monitoring Committee, created under Executive Order No. 335 to supervise and monitor the implementation of the Peace Agreement. And sets up, inter alia, the 'Reintegration Fund', calls for all agencies of the Government to provide support to the implementation of the development projects.

Agreement document: PH_020820_Executive Order No 117.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: 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

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 2-3, SECTION 2. Functions and Responsibilities- The JEMC shall have the following functions and responsibilities:
... c. Coordinate and synchronize the programs and projects undertaken by the agencies of the Government in implementation of the Peace Agreement, as well as those undertaken by units and components of the RPM-P/RPA/ABB, in accordance with existing laws and with the participation of local government units, nongovernmental organizations and local communities;
... g. Conduct free and honest ground-level consultations with major stakeholders and affected communities on issues and concerns arising from the implementation of the provision of the Peace Agreement;
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
State level
Page 2, SECTION 1 - Reconstitution of the Joint Enforcement and Monitoring Committee
SECTION 1. Reconstitution of the Joint Enforcement Monitoring Committee - The Joint Enforcement and Monitoring Commitee (JEMC) constituted under Executive Order No. 335 dated January 4, 2001 to supervise and monitor the implementation of the Peace Agreement, is hereby reconstituted as follows:

a. Two (2) members representing the GRP to be designated or appointed by the President of the Republic of the Philippines;

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

c. The fifth 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.

The JEMC shall elect from among themselves a Chairperson and a Vice-Chairperson. The JEMC shall fix the terms of the Chairperson and the Vice-Chairperson.

The Office of the President Adviser on the Peace Process (OPAPP) shall provide overall support in the management and operation of the JEMC.

The JEMC may create Local Monitoring Teams, technical working groups, and other similar bodies, and designate technical adviser, as it may deem necessary to provide assistance in the implementation of the Peace Agreement and in the performance of their functions.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: 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 3, SECTION 4. Support-
All agencies of the Government are hereby directed to provide the support necessary to ensure the timely and effective implementation of development projects and programs as identified in the Peace Agreement, and in accordance with the policy trusts of the Administration on peace process and the national agenda on poverty alleviation.
National economic plan: Page 4, SECTION 6. Funding –
The Department of Budget and Management is hereby directed to release the amount of Seven Million Five Hundred Thousand Pesos (P7,5000,000.00) from the President’s Contingent Fund to initially cover the operational expenses of the JEMC and its Secretariat. Fund requirements of the JEMC and its Secretariat for the succeeding years shall be included in the OPAPP budget.
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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3, Section 3. Reintegration Fund-
A Reintegration Fund is hereby created for the implementation of program and projects that will assist alleged political offenders (APOs) who may be released from imprisonment under the Peace Agreement. Specifically, the Reintegration Fund shall be utilized to support the reintegration to mainstream society and other development undertakings of APOs who were former members of the RPM-P/RPA/ABB. The Reintegration Fund, which shall amount to Ten Million Pesos (p10,000,000.00), shall be sourced from the President’s Social Fund.
The JEMC shall formulate the necessary guidelines for the management and utilization of the said Fund which shall be consistent with existing laws, rules and regulations.
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: Page 3, Section 3. Reintegration Fund-
A Reintegration Fund is hereby created for the implementation of program and projects that will assist alleged political offenders (APOs) who may be released from imprisonment under the Peace Agreement. Specifically, the Reintegration Fund shall be utilized to support the reintegration to mainstream society and other development undertakings of APOs who were former members of the RPM-P/RPA/ABB. The Reintegration Fund, which shall amount to Ten Million Pesos (p10,000,000.00), shall be sourced from the President’s Social Fund.
The JEMC shall formulate the necessary guidelines for the management and utilization of the said Fund which shall be consistent with existing laws, rules and regulations.
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: Page 2-3, SECTION 2. Functions and Responsibilities- The JEMC shall have the following functions and responsibilities:
a. Formulate and issue the Guidelines for the implementation of the Peace Agreement
b. Formulate and adopt the schedules, work programs and plans for the implementation of the provisions of the Peace Agreement;
c. Coordinate and synchronize the programs and projects undertaken by the agencies of the Government in implementation of the Peace Agreement, as well as those undertaken by units and components of the RPM-P/RPA/ABB, in accordance with existing laws and with the participation of local government units, nongovernmental organizations and local communities;
d. Create, supervise and define the functions and responsibilities of its Local Monitoring Teams, and technical working groups, and other similar bodies tasked with providing assistance in the implementation of the Peace Agreement;
e. Resolve conflicts and problem areas which may arise in the process of implementing the various provisions of the Peace Agreement;
f. Gather relevant data, conduct investigations, generate reports and direct proper authorities to undertake appropriate actions on any substantial breach or violation of the terms and conditions of the Peace Agreement;
g. Conduct free and honest ground-level consultations with major stakeholders and affected communities on issues and concerns arising from the implementation of the provision of the Peace Agreement;
h. Disseminate proper and timely information on the progress of the implementation of the Peace Agreement through an officially-designated spokesperson;
i. Call upon the concerned agencies of the Government for such assistance as may be necessary in the performance of its functions; and
j. Perform other acts or take such other measures as may be necessary to ensure the proper and effective implementation of the Peace Agreement.
Related cases: No specific mention.
Source: Official Gazette of the Government of the Philippines
https://www.officialgazette.gov.ph/2002/08/20/executive-order-no-117-s-2002/

Executive Order No 117

Reconstituting the Joint Enforcement and Monitoring Committee to Implement the Peace Agreement between the Government of the Republic of the Philippines and the Rebolusyonaryong Partido NG Manggagawa - Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade, Repealing Executive Order No 225,dated January 4, 2001 and for other purposes

WHEREAS, on December 6, 2000, the Government of the Republic of the Philippines (GRP) and the Rebolusyonaryoing Partido ng Manggagawa - Pilipinas/Revolutionary Proletarian Army/Alex f3oncayac.)

Brigade (RPM-P/RPA/ABB) entered into a Peace Agreement, hereinafter referred to as the "Peace Agreement", on the basis of a mutual in pursuing a peaceful settlement of armed conflicts under the principles of honor, dignity and justice for all, and to -basted the progress 'and development of the country and the equal enjoyment of the fruits thereof by all citizens of the Republic of the Philippines

WHEREAS, pursuant to the Peace Agreement and by virtue of Executive Order No.

335 dated January 4, 2001, a Joint Enforcement and Monitoring Committee was constituted to supervise and monitor the implementation of die Peace Agreement and a Reintegration Fund created;

WHEREAS, on February 26;

2002, the GRP and the RPM-P/RPA/ABB executed a Clarificatory Document to the Peace Agreement;

WHEREAS, there is a need to reconstitute the Joint Enforcement and Monitoring Committee and provide for the effective management of the Reintegration Fund.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.

Reconstitution of the Joint Enforcement Monitoring Committee - The Joint Enforcement and Monitoring Commitee (JEMC) constituted under Executive Order No.

335 dated January 4, 2001 to supervise and monitor the implementation of the Peace Agreement, is hereby reconstituted as follows:

a. Two (2) members representing the GRP to be designated or appointed by the President of the Republic of the Philippines;

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

and

c. The fifth 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.

The JEMC shall elect from among themselves a Chairperson and a Vice-Chairperson.

The JEMC shall fix the terms of the Chairperson and the Vice-Chairperson.

The Office of the President Adviser on the Peace Process (OPAPP) shall provide overall support in the management and operation of the JEMC.

The JEMC may create Local Monitoring Teams, technical working groups, and other similar bodies, and designate technical adviser, as it may deem necessary to provide assistance in the implementation of the Peace Agreement and in the performance of their functions.

SECTION 2.

Functions and Responsibilities - The JEMC shall have the following functions and responsibilities:

a. Formulate and issue the Guidelines for the implementation of the Peace Agreement

b. Formulate and adopt the schedules, work programs and plans for the implementation of the provisions of the Peace Agreement;

c. Coordinate and synchronize the programs and projects undertaken by the agencies of the Government in implementation of the Peace Agreement, as well as those undertaken by units and components of the RPM-P/RPA/ABB, in accordance with existing laws and with the participation of local government units, nongovernmental organizations and local communities;

d. Create, supervise and define the functions and responsibilities of its Local Monitoring Teams, and technical working groups, and other similar bodies tasked with providing assistance in the implementation of the Peace Agreement;

e. Resolve conflicts and problem areas which may arise in the process of implementing the various provisions of the Peace Agreement;

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

g. Conduct free and honest ground-level consultations with major stakeholders and affected communities on issues and concerns arising from the implementation of the provision of the Peace Agreement;

h. Disseminate proper and timely information on the progress of the implementation of the Peace Agreement through an officially-designated spokesperson;

i. Call upon the concerned agencies of the Government for such assistance as may be necessary in the performance of its functions;

and

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

Section 3.

Reintegration Fund - A Reintegration Fund is hereby created for the implementation of program and projects that will assist alleged political offenders (APOs) who may be released from imprisonment under the Peace Agreement.

Specifically, the Reintegration Fund shall be utilized to support the reintegration to mainstream society and other development undertakings of APOs who were former members of the RPM-P/RPA/ABB.

The Reintegration Fund, which shall amount to Ten Million Pesos (p10,000,000.00), shall be sourced from the President’s Social Fund.

The JEMC shall formulate the necessary guidelines for the management and utilization of the said Fund which shall be consistent with existing laws, rules and regulations.

SECTION 4.

Support - All agencies of the Government are hereby directed to provide the support necessary to ensure the timely and effective implementation of development projects and programs as identified in the Peace Agreement, and in accordance with the policy trusts of the Administration on peace process and the national agenda on poverty alleviation.

Section 5.

Secretariat and Office Space - The OPAPP shall provide the JEMC a permanent Secretariat which shall render technical and administrative support to the JEMC.

The OPAPP shall likewise provide the JEMC with adequate office space and facilities.

SECTION 6.

Funding – The Department of Budget and Management is hereby directed to release the amount of Seven Million Five Hundred Thousand Pesos (P7,5000,000.00) from the President’s Contingent Fund to initially cover the operational expenses of the JEMC and its Secretariat.

Fund requirements of the JEMC and its Secretariat for the succeeding years shall be included in the OPAPP budget.

SECTION 7.

Repeal - Executive Order No.

335 dated January 2001 is hereby repealed.

All orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly.

SECTION 8.

Effectivity - This Executive Order shall take effect immediately upon approval.

City of Manila, August 20, 2002.

By the President:

(signed)

ALBERTO G. ROMULO

Executive Secretary