The Task Force for Decommissioned Combatants and their Communities and its Terms of Reference

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: The Task Force for Decommissioned Combatants and their Communities and its Terms of Reference
Date: 2 Jun 2015
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: Prof. Miriam Coronel-Ferrer, GPH Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: Signed in the presence of: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description: Agreement by the Parties establishing the Task Force for Decommissioned Combatants and their Communities and the Terms of Reference it will abide by, which include the mandate, tasks, composition, funding, reporting methods, and duration. The Task Force will undertake all efforts related to socio-economic and development programs for MILF combatants and their communities until an Exit Agreement is signed.

Agreement document: PH_150602_ToR for Task Force for Decommissioned Combatants.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: Page 2, IV. Composition
3. The Task Force shall create a special team on the special socio-economic and development programs for the decommissioned women auxiliary forces of the MILF.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, III. Tasks - In order to fulfill its mandate, the Task Force shall perform the following tasks:
1. Undertake through agreed modalities the socio-economic and development programs for decommissioned combatants and their communities;
2. Coordinate with government agencies, development partners, private sector and other stakeholders in support of the socio-economic and development programs for MILF combatants and their communities;
3. Prepare procedures and timeline of implementation of socio-economic and development programs for decommissioned combatants and their communities;
4. Implement a communication plan as approved by the Panels;
5. Address implementation concerns at the Task Force level before elevation to the Panels.
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: 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 1, III. Tasks - In order to fulfill its mandate, the Task Force shall perform the following tasks: [...]
4. Implement a communication plan as approved by the Panels;
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, II. Mandate - The Task Force for Decommissioned Combatants and their Communities (hereinafter referred as Task Force) shall undertake all efforts related to socio-economic and development programs for MILF combatants and their communities identified under the Normalization Annex of the Comprehensive Agreement on the Bangsamoro (CAB). It shall assist the Panels identify and implement socio-economic priorities and development projects that will address the needs of MILF combatants and their communities.

Page 1, III. Tasks - In order to fulfill its mandate, the Task Force shall perform the following tasks:
1. Undertake through agreed modalities the socio-economic and development programs for decommissioned combatants and their communities;
2. Coordinate with government agencies, development partners, private sector and other stakeholders in support of the socio-economic and development programs for MILF combatants and their communities;
3. Prepare procedures and timeline of implementation of socio-economic and development programs for decommissioned combatants and their communities;
4. Implement a communication plan as approved by the Panels;
5. Address implementation concerns at the Task Force level before elevation to the Panels.

Page 2, IV. Composition
3. The Task Force shall create a special team on the special socio-economic and development programs for the decommissioned women auxiliary forces of the MILF.

Page 2, V. Duration - The Task Force shall continue to exist until the signing of the Exit Agreement.

Page 2, VI. Reports and Recommendations
2. The Task Force shall provide relevant data to the Joint Normalization Committee for the conduct of its monitoring of the implementation of socio-economic and development programs for combatants and their communities.

Page 3, VII. Funding - The GPH shall provide funds for the operation of the Task Force. The Parties may mobilize financial support and technical expertise from local and development partners on matters related to its mandate.

Page 3, VIII. Amendments - This Terms of Reference shall be periodically reviewed by the GPH and MILF Panels and may be altered to meet the prevailing situation.
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 Task Force 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 Task Force 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: Security sector→DDR→DDR programmes
Page 1, II. Mandate - The Task Force for Decommissioned Combatants and their Communities (hereinafter referred as Task Force) shall undertake all efforts related to socio-economic and development programs for MILF combatants and their communities identified under the Normalization Annex of the Comprehensive Agreement on the Bangsamoro (CAB). It shall assist the Panels identify and implement socio-economic priorities and development projects that will address the needs of MILF combatants and their communities.

Page 1, III. Tasks - In order to fulfill its mandate, the Task Force shall perform the following tasks:
1. Undertake through agreed modalities the socio-economic and development programs for decommissioned combatants and their communities;
2. Coordinate with government agencies, development partners, private sector and other stakeholders in support of the socio-economic and development programs for MILF combatants and their communities;
3. Prepare procedures and timeline of implementation of socio-economic and development programs for decommissioned combatants and their communities;
4. Implement a communication plan as approved by the Panels;
5. Address implementation concerns at the Task Force level before elevation to the Panels.

Page 2, IV. Composition
3. The Task Force shall create a special team on the special socio-economic and development programs for the decommissioned women auxiliary forces of the MILF.

Page 2, VI. Reports and Recommendations
2. The Task Force shall provide relevant data to the Joint Normalization Committee for the conduct of its monitoring of the implementation of socio-economic and development programs for combatants and their communities.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, II. Mandate - The Task Force for Decommissioned Combatants and their Communities (hereinafter referred as Task Force) shall undertake all efforts related to socio-economic and development programs for MILF combatants and their communities identified under the Normalization Annex of the Comprehensive Agreement on the Bangsamoro (CAB). It shall assist the Panels identify and implement socio-economic priorities and development projects that will address the needs of MILF combatants and their communities.

Page 1, III. Tasks - In order to fulfill its mandate, the Task Force shall perform the following tasks:
1. Undertake through agreed modalities the socio-economic and development programs for decommissioned combatants and their communities;
2. Coordinate with government agencies, development partners, private sector and other stakeholders in support of the socio-economic and development programs for MILF combatants and their communities;
3. Prepare procedures and timeline of implementation of socio-economic and development programs for decommissioned combatants and their communities;
4. Implement a communication plan as approved by the Panels;
5. Address implementation concerns at the Task Force level before elevation to the Panels.

Page 2, IV. Composition
3. The Task Force shall create a special team on the special socio-economic and development programs for the decommissioned women auxiliary forces of the MILF.

Page 2, VI. Reports and Recommendations
2. The Task Force shall provide relevant data to the Joint Normalization Committee for the conduct of its monitoring of the implementation of socio-economic and development programs for combatants and their communities.
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: Signed in the presence of: 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/resources/signed-agreements?field_subsite_tid=36

THE TASK FORCE FOR DECOMMISSIONED COMBATANTS AND THEIR COMMUNITIES AND ITS TERMS OF REFERENCE

I. REFERENCE

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

2. The Terms of Reference of the Joint Normalization Committee signed by the Parties on March 22, 2014.

II. MANDATE

The Task Force for Decommissioned Combatants and their Communities (hereinafter referred as Task Force) shall undertake all efforts related to socioeconomic and development programs for MILF combatants and their communities identified under the Normalization Annex of the Comprehensive Agreement on the Bangsamoro (CAB).

It shall assist the Panels identify and implement socio-economic priorities and development projects that will address the needs of MILF combatants and their communities.

III. TASKS

In order to fulfil its mandate, the Task Force shall perform the following tasks:

1. Undertake through agreed modalities the socio-economic and development programs for decommissioned combatants and their communities;

2. Coordinate with government agencies, development partners, private sector and other stakeholders in support of the socio-economicand development programs for MILF combatants and their communities;

3. Prepare procedures and timeline of implementation of socio-economic and development programs for decommissioned combatants and their communities;

4. Implement a communication plan as approved by the Panels;

5. Address implementation concerns at the Task Force level before elevation to the Panels.

IV. COMPOSITION

1. The Task Force shall be created each from the GPH and MILF Negotiating Panels.

It shall be composed of three (3) members.

It shall be co-chaired by designated representatives of the GPH and the MILF, respectively, and one (1) member who will act as the secretariat.

2. The Task Force shall organize a support staff commensurate to its technical, operational and administrative requirements.

3. The Task Force shall create a special team on the special socio-economic and development programs for the decommissioned women auxiliary forces of the MILF.

4. The structure defines the relationship of the Task Force with the Panels, JNC and Task Force Camps:

[diagram]

V.DURATION

The Task Force shall continue to exist until the signing of the Exit Agreement.

VI. REPORTS AND RECOMMENDATIONS

1. The Task Force shall submit periodic reports to the Panels on the progress of its work.

2. The Task Force shall provide relevant data to the Joint Normalization Committee for the conduct of its monitoring of the implementation of socioeconomic and development programs for combatants and their communities.

3. All other agencies, committees, and bodies directly involved in the transition process may be provided copies of the reports through the Panels.

VII. FUNDING

The GPH shall provide funds for the operation of the Task Force.

The Parties may mobilize financial support and technical expertise from local and development partners on matters related to its mandate.

VIII.

AMENDMENTS

This Terms of Reference shall be periodically reviewed by the GPH and MILF Panels and may be altered to meet the prevailing situation.

IX. CONFIDENTIALITY

All information, data, or opinions gathered, generated or exchanged in connection with the work of the Task Force 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 Task Force may not be divulged to their respective organizations and other entities.

For the GPH:

PROF.

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