The Coordination Team for the Transition to the Bangsamoro Transition Authority (BTA) and its Terms of Reference

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: The Coordination Team for the Transition to the Bangsamoro Transition Authority (BTA) and its Terms of Reference
Date: 23 Nov 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 Coronel-Ferrer, GPH Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: Witnessed by: Tengku Dato' Ab Ghafar Tangku Mohamed, Malaysian Facilitator
Description: Agreement by the Parties establishing the Coordination Team to aid in the transition of powers from the Central Government to the Bangsamoro Transition Authority (BTA), once the latter is established after the ratification of the Bangsamoro Basic Law (BBL). The Agreement provides the mandate, tasks, composition, reporting methods, funding, and duration of the Coordination Team, which will continue until terminated mutually by the Parties.

Agreement document: PH_141126_Coordination Team for Transtion to BTA ToR.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): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, II. Mandate
With the transmittal of the draft Bangsamoro Basic Law (BBL) to Congress, there is greater urgency for both the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) to facilitate a transition process that will ensure a smooth transition to the Bangsamoro Transition Authority (BTA) once this is established after the ratification of the BBL. In this regard, the GPH and MILF Panels do hereby create a coordination team from the central Government, the Autonomous Region in Muslim Mindanao (ARMM) and the MILF (hereinafter referred as the Coordination Team or CT4T). The Coordination Team shall be be the primary agencies to ensure that the necessary and appropriate steps are undertaken in preparation for the transition leading to the installation of the BTA.

Page 1, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
1. Facilitate the generation and sharing of necessary information related to the transition to the BTA such as but not limited to the inventory of personnel, programs, properties, assets and receivables that would be turned over the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
4. Propose mechanisms, guidelines and processes necessary to help facilitate the transfer of functions of the ARMM and other relevant national agencies to the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
5. Craft and oversee a communication plan that will address concerns of stakeholders both within ARMM and other observers of the GPH-MILF peace process.

Page 2, IV. Composition - The Coordination Team shall be composed of five (5) representative from the GPH coming from OPAPP and the Autonomous Regional Government and five (5) representatives from the MILF.

Page 2, V. Duration - The Coordination Team shall continue to exist until terminated as mutually agreed by the Panels.
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: Governance→Constitution→Constitutional reform/making
Page 1, I. Reference
2. The House bill No. 4994 and Senate Bill No. 2408 or the proposed Bangsamoro Basic Law.

Page 1, II. Mandate
With the transmittal of the draft Bangsamoro Basic Law (BBL) to Congress, there is greater urgency for both the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) to facilitate a transition process that will ensure a smooth transition to the Bangsamoro Transition Authority (BTA) once this is established after the ratification of the BBL. [...]

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
State level
Page 1, II. Mandate
With the transmittal of the draft Bangsamoro Basic Law (BBL) to Congress, there is greater urgency for both the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) to facilitate a transition process that will ensure a smooth transition to the Bangsamoro Transition Authority (BTA) once this is established after the ratification of the BBL. In this regard, the GPH and MILF Panels do hereby create a coordination team from the central Government, the Autonomous Region in Muslim Mindanao (ARMM) and the MILF (hereinafter referred as the Coordination Team or CT4T). The Coordination Team shall be be the primary agencies to ensure that the necessary and appropriate steps are undertaken in preparation for the transition leading to the installation of the BTA.

Page 1, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
1. Facilitate the generation and sharing of necessary information related to the transition to the BTA such as but not limited to the inventory of personnel, programs, properties, assets and receivables that would be turned over the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
4. Propose mechanisms, guidelines and processes necessary to help facilitate the transfer of functions of the ARMM and other relevant national agencies to the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
5. Craft and oversee a communication plan that will address concerns of stakeholders both within ARMM and other observers of the GPH-MILF peace process.

Page 2, IV. Composition - The Coordination Team shall be composed of five (5) representative from the GPH coming from OPAPP and the Autonomous Regional Government and five (5) representatives from the MILF.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1, II. Mandate
With the transmittal of the draft Bangsamoro Basic Law (BBL) to Congress, there is greater urgency for both the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) to facilitate a transition process that will ensure a smooth transition to the Bangsamoro Transition Authority (BTA) once this is established after the ratification of the BBL. In this regard, the GPH and MILF Panels do hereby create a coordination team from the central Government, the Autonomous Region in Muslim Mindanao (ARMM) and the MILF (hereinafter referred as the Coordination Team or CT4T). The Coordination Team shall be be the primary agencies to ensure that the necessary and appropriate steps are undertaken in preparation for the transition leading to the installation of the BTA.

Page 1, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
1. Facilitate the generation and sharing of necessary information related to the transition to the BTA such as but not limited to the inventory of personnel, programs, properties, assets and receivables that would be turned over the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
4. Propose mechanisms, guidelines and processes necessary to help facilitate the transfer of functions of the ARMM and other relevant national agencies to the BTA;

Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
5. Craft and oversee a communication plan that will address concerns of stakeholders both within ARMM and other observers of the GPH-MILF peace process.

Page 2, IV. Composition - The Coordination Team shall be composed of five (5) representative from the GPH coming from OPAPP and the Autonomous Regional Government and five (5) representatives from the MILF.
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: Rights related issues→Media and communication→Media roles
Page 2, III. Tasks - In order to fulfill its mandate, the Coordination Team shall perform the following tasks:
5. Craft and oversee a communication plan that will address concerns of stakeholders both within ARMM and other observers of the GPH-MILF peace process.

Page 2, VI. Reports and Recommendations
2. The reports and recommendations, upon the approval of the Panels, may be made available by the Coordination team to agencies, committees, and bodies involved in the transition process, as well as to the public in general.
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, VIII. CONFIDENTIALITY
All information, data, or opinions gathered, generated or exchanged in connection with the work of the Coordination Team shall be treated with utmost consideration for the safety and security of the source and the integrity of the peace process.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by: Tengku Dato' Ab Ghafar Tangku 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/resources/signed-agreements?field_subsite_tid=36

In the Name of God, the Beneficent, the Merciful

THE COORDINATION TEAM FOR THE TRANSITION TO THE BANGSAMORO TRANSITION AUTHORITY (BTA) AND ITS TERMS OF REFERENCE

I. REFERENCE

1. The Comprehensive Agreement on the Bangsamoro signed by the Parties on March 27, 2014.

2. The House Bill No.

4994 and Senate Bill No.

2408 or the proposed Bangsamoro Basic Law.

II. MANDATE

With the transmittal of the draft Bangsamoro Basic Law (BBL) to Congress, there is greater urgency for both the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) to facilitate a transition process that will ensure a smooth transition to the Bangsamoro Transition Authority (BTA) once this is established after the ratification of the BBL.

In this regard, the GPH and MILF Panels do hereby create a coordination team from the Central Government, the Autonomous Region in Muslim Mindanao (ARMM) and the MILF (hereinafter referred as the Coordination Team or CT4T).

The Coordination Team shall be the primary mechanism for coordination between Parties and concerned agencies to ensure that the necessary and appropriate steps are undertaken in preparation for the transition leading to the installation of the BTA.

Ill.TASKS

In order to fulfill its mandate, the Coordination Team-shall perform the following tasks:

1. Facilitate the generation and sharing of necessary information related to the transition to the BTA such as but not limited to the inventory of personnel, programs, properties, assets and receivables that would be turned over to the BTA;

2. Prepare reports containing such information and data, including recommendations, for the transition;

3. Request GPH and ARMM officials and employees, and other resource persons, for information, data, reports, and advice as may be necessary;

4. Propose mechanisms, guidelines and processes necessary to help facilitate the transfer of functions of the ARMM and other relevant national agencies to the BTA;

and

5. Craft and oversee a communication plan that will address concerns of stakeholders both within ARMM and other observers of the GPH-MILF peace process.

IV. COMPOSITION

The Coordination Team shall be composed of five (5) representatives from the GPH coming from OPAPP and the Autonomous Regional Government and five (5) representatives from the MILF.

The Team may constitute working groups as may be necessary.

V. DURATION

The Coordination Team shall continue to exist until terminated as mutually agreed by the Panels. ·

VI. REPORTS AND RECOMMENDATIONS

1. The Coordination Team shall submit periodic reports to the Panels on the progress of its work.

2. The reports and recommendations, upon the approval of the Panels, may be made available by the Coordination Team to agencies, committees, and bodies involved in the transition process, as well as to the public in general.

3. The Final report shall be submitted to the Interim Chief Minister of the BTA for due consideration.

VII. FUNDING

The GPH shall provide funds for the operation of the Coordination Team.

Resource mobilization from donor contributions to supplement the budgetary requirement can also be undertaken by the Coordination Team.

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

Done this 23rd day of November 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