Terms of Reference for the Transitional Justice and Reconciliation Commission

Export agreement:

Export agreement coding (PDF)

Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference for the Transitional Justice and Reconciliation Commission
Date: 22 Mar 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

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

Philippines-Cordillera

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

Philippines-RPM-P

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

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

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Miriam Corone Ferrer, GPH Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description: Agreement by the Parties on the Terms of Reference (TOR) for the Transitional Justice and Reconciliation Commission (TJRC), providing for the mandate, composition, organization, and functions, which include undertaking a study to produce a set of recommendation on the appropriate mechanisms to address grievances and reconciliation. The Parties also agreed the duration of the TJRC would continue until the signing of an Exit Agreement, at which point it would then be abolished.

Agreement document: PH_140322_ToR for TJRC.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: Groups→Indigenous people→Substantive
Page 1, II. Mandate
1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 1, V. Functions - The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 2, V. Functions - [...] For this purpose, it shall:
1. Conduct consultations, assessments, or surveys to determine the legitimate grievances of the Bangsamoro people, including those arising form unjust dispossession of land and human rights violations;
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: No specific mention.
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, II. Mandate
1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 1, V. Functions - The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 2, V. Functions - [...] For this purpose, it shall:
1. Conduct consultations, assessments, or surveys to determine the legitimate grievances of the Bangsamoro people, including those arising form unjust dispossession of land and human rights violations;
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: Rights related issues→Media and communication→Other
Page 2, VI. Reports and Recommendations
3. The TJRC shall submit its final report to the Panels. The Panels will determine when the final report will be made public.
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: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, IX. Confidentiality
All information, data, or opinions gathered, generated or exchanged in connection with the work of the TJRC shall be treated with utmost consideration for the safety and security of the source and the integrity of the peace process. Critical and/or confidential information as defined by the TJRC may not be divulged to their respective organizations and other entities.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: Page 1, II. Mandate
1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 1, II. Mandate
2. The TJRC shall also recommend programs and measures that will bring about the reconciliation of the different communities that have been affected by the conflict.

Page 1, III. Composition - The TJRC shall be headed by a chairperson, who is an international expert of recognized independence, competence, probity, and integrity, jointly selected by the Parties. In addition, the GPH and the MILF shall nominate a representative each to the TJRC.

Page 1, V. Functions - The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 2, V. Functions - [...] For this purpose, it shall:
1. Conduct consultations, assessments, or surveys to determine the legitimate grievances of the Bangsamoro people, including those arising form unjust dispossession of land and human rights violations;

Page 2, V. Functions - [...] For this purpose, it shall:
2. Survey remedies that may be availed of to address the legitimate grievances of other communities;

Page 2, V. Functions - [...] For this purpose, it shall:
4. Study local and international practices on transitional justice;

Page 2, V. Functions - [...] For this purpose, it shall:
5. Recommend immediate intervention towards reconciliation and healing of the physical, mental and spiritual wounds, and provide measures to address the causes of conflict and prevent their recurrence;

Page 2, V. Functions - [...] For this purpose, it shall:
6. Propose comprehensive programs to the government to address all findings of the study;

Page 2, V. Functions - [...] For this purpose, it shall:
7. Identify other aspects of transitional justice and reconciliation relevant to its work.

Page 2, VIII. Duration
1. The TJRC shall submit its final report to the Panels within one (1) year from its first meeting and shall be consulted on the issue of transitional justice until the signing of the Exit Agreement.

Page 2, VIII. Duration
2. The TJRC shall be deemed abolished upon the signing of the Exit Agreement.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: Page 1, II. Mandate
1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 1, V. Functions - The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 2, V. Functions - [...] For this purpose, it shall:
1. Conduct consultations, assessments, or surveys to determine the legitimate grievances of the Bangsamoro people, including those arising form unjust dispossession of land and human rights violations;

Page 2, V. Functions - [...] For this purpose, it shall:
2. Survey remedies that may be availed of to address the legitimate grievances of other communities;

Page 2, V. Functions - [...] For this purpose, it shall:
5. Recommend immediate intervention towards reconciliation and healing of the physical, mental and spiritual wounds, and provide measures to address the causes of conflict and prevent their recurrence;
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, II. Mandate
1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 1, II. Mandate
2. The TJRC shall also recommend programs and measures that will bring about the reconciliation of the different communities that have been affected by the conflict.

Page 1, V. Functions - The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

Page 2, V. Functions - [...] For this purpose, it shall:
5. Recommend immediate intervention towards reconciliation and healing of the physical, mental and spiritual wounds, and provide measures to address the causes of conflict and prevent their recurrence;

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://opapp.gov.ph/milf/signed-agreements

TERMS OF REFERENCE FOR THE TRANSITIONAL JUSTICE AND RECONCILIATION COMMISSION

I. REFERENCES

1. The Framework Agreement on the Bangsamoro signed by the Parties on October 15, 2012.

2. The Annex on Normalization signed by the Parties on January 25, 2014.

II. MANDATE

1. The Transitional Justice and Reconciliation Commission (TJRC) shall undertake a study and recommend to the Panels the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

2. The TJRC shall also recommend programs and measures that will bring about the reconciliation of the different communities that have been affected by the conflict.

Ill. COMPOSITION

The TJRC shall be headed by a chairperson, who is an international expert of recognized independence, competence, probity, and integrity, jointly selected by the Parties.

In addition, the GPH and the MILF shall nominate a representative each to the TJRC.

IV. ORGANIZATION

The TJRC shall organize a secretariat and support staff commensurate to its technical, operational and administrative requirements.

The T JRC may promulgate its own internal rules of operation consistent with this Terms of Reference (TOR).

V. FUNCTIONS

The main function of the TJRC is to undertake a study and produce a set of recommendations on the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation.

For this purpose, it shall:

1. Conduct consultations, assessments, or surveys to determine the legitimate grievances of the Bangsamoro people, including those arising from unjust dispossession of land and human rights violations;

2. Survey remedies that may be availed of to address the legitimate grievances of other communities;

3. Consult local and international experts;

4. Study local and international best practices on transitional justice;

5. Recommend immediate intervention towards reconciliation and healing of the physical, mental and spiritual wounds, and provide measures to address the causes of conflict and prevent their recurrence;

6. Propose comprehensive programs to the government to address all findings of the study;

and

7. Identify other aspects of transitional justice and reconciliation relevant to its work.

VI. REPORTS AND RECOMMENDATIONS

1. The TJRC shall report directly to the Panels.

It shall submit its initial recommendation within six (6) months from its creation.

2. The Panels may require the TJRC to submit periodic updates/reports.

3. The TJRC shall submit its final report to the Panels.

The Panels will determine when the final report will be made public.

VII. FUNDING

1. Funding for the operations of the TJRC shall be independently sourced as jointly determined by the Parties.

2. To address the problem of a possible gap between the formal establishment of the TJRC and its long-term funding support, the Panels undertake to find modalities for short-term bridge funding for the initial activities of the TJRC.

VIII.

DURATION

1. The TJRC shall submit its final report to the Panels within one (1) year from its first meeting and shall be consulted on the issue of transitional justice until the signing of the Exit Agreement.

2. The TJRC shall be deemed abolished upon the signing Agreement.

IX. CONFIDENTIALITY

All information, data, or opinions gathered, generated or exchanged in connection with the work of the TJRC shall be treated with utmost consideration for the safety and security of the source and the integrity of the peace process.

Critical and/or confidential information as defined by the TJRC may not be divulged to their respective organizations and other entities.

Done this 22nd day of March 2014 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL FERRER, GPH Panel Chair

FOR THE MILF:

MOHAGHER IQBAL, MILF Panel Chair

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB GHAFAR TENGKU MOHAMED, Malaysian Facilitator