Guidelines and Ground Rules for the Implementation and Monitoring of the Agreement on the Cessation of Hostilities between the Government of the Republic of Philippines (hereinafter 'GRP') and the Rebolusyonaryong Partido ng Manggagawa ng Mindanao (hereinafter 'RPM-M')

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Guidelines and Ground Rules for the Implementation and Monitoring of the Agreement on the Cessation of Hostilities between the Government of the Republic of Philippines (hereinafter 'GRP') and the Rebolusyonaryong Partido ng Manggagawa ng Mindanao (hereinafter 'RPM-M')
Date: 28 Oct 2005
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: Ceasefire/related
Conflict nature: Government
Peace process: Philippines: RAM process
Parties: For the Government of the Republic of the Philippines

By:

Hon. Franklin M. Quijano

Chairperson

GRP Peace Panel

Hon. Froilan R. Melendrez

Member

GRP Peace Panel

For the Rebolusyinaryong Partido ng Manggagawa ng Mindanao

By:

Hon. Moniva D. Pascual

Chairperson

RPM-M Peace Panel

Hon. Freiderick T. Montes

Member

RPM-M Peace Panel

Hon. Armando F. Orbis

Member

RPM-M Peace Panel

Hon. Enrique B. delos Reyes

Political Consultant
Third parties: Witnessed by:

Charlito Z. Manlupig

Independent Secretariat

Ariel C. Hernandez

Executive Director

Balay Mindanaw Foundation, Inc.
Description: The agreement sets out guidelines for the implementation and monitoring of a ceasefire.

Agreement document: PH_051028_Guidelines_and_ground_rules.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 4
ARTICLE III, par. 5
Each LCMT shall act as a tripartite provincial monitoring team composed of representatives from GRP, RPM-M and mutually acceptable independent non-governmental organization/ people’s organization (NGO/ PO). Each of the three parties shall have one vote each regardless of the number of each party’s representatives to the LCMT. Representatives must be mutually acceptable to both parties thru their respective Peace panels. The LCMT shall be chaired by the NGO/ PO member. The GRP and RPM-M representatives to the LCMT may propose the discharge of the NGO/ PO from the LCMT, subject to approval of the peace panels

ARTICLE III, par. 7
Should the LCMT be unable to resolve a report/ complaint brought to its attention, the LCMT shall transmit the same to the National Committee on Cessation of Hostilities (NCCH) for appropriate action.
By definition, the NCCH shall seek resolution to unresolved report/ complaint emanating from the LCMTs. The NCCH may receive reports/ complaints on alleged commission of hostility by and between Parties, which as it sees fit, may be transmitted to the LCMTs for appropriate action. Furthermore, the NCCH shall particularly handle policy issues concerning the implementation of the cessation of hostilities by crafting recommendation on the same subject to approval of the Panels.

The NCCH shall act as a tripartite national body composed of representatives from GRP, RPM-M, and mutually acceptable independent NGO/ PO. It shall be chaired by the NGO/PO representative. Representatives to the NCCH must be mutually acceptable to both parties thru their respective Peace Panels. The NCCH shall meet quarterly or as the need arises.
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: 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 1:
Preamble
WHEREAS, both Parties agreed to finalize the list of identified development areas in order to facilitate the implementation of priority projects in the said areas under the framework of sustainable development;

WHEREAS, both Parties mutually recognize, through the Joint Commitment to Pursue Peace and Development, that a peaceful environment is conducive to sustainable development especially for the peoples of Mindanao;

Page 6:
ARTICLE V

COVENANTS

...
The parties jointly affirm and recognize the need to promote and strengthen environment and natural resource protection under the framework of sustainable development.
The implementation of this Guidelines shall pave the way for the:
a) Fulfillment of the pre-confidence and confidence-building measures;
b) Continued pursuit of the implementation of development projects; and
c) Signing of the final peace agreement.
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: Page 1:
Preamble
WHEREAS, both Parties agreed to finalize the list of identified development areas in order to facilitate the implementation of priority projects in the said areas under the framework of sustainable development;

WHEREAS, both Parties mutually recognize, through the Joint Commitment to Pursue Peace and Development, that a peaceful environment is conducive to sustainable development especially for the peoples of Mindanao;

Page 6:
ARTICLE V

COVENANTS

...
The parties jointly affirm and recognize the need to promote and strengthen environment and natural resource protection under the framework of sustainable development.
The implementation of this Guidelines shall pave the way for the:
a) Fulfillment of the pre-confidence and confidence-building measures;
b) Continued pursuit of the implementation of development projects; and
c) Signing of the final peace agreement.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Pages 1-3:
WHEREAS, the parties have signed the Agreement on the Cessation of Hostilities on 28th of October 2005 which directed the formulation and finalization of the guidelines and ground rules for the implementation and monitoring of the cessation of hostilities including the structural and coordinative mechanisms;

...

NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants herein set forth, the Parties do hereby mutually agree on the following:

ARTICLE I
SCOPE

The GRP and RPM-M commit their respective armed forces to the general cessation of hostilities by not committing any hostile and/or provocative acts.
The Agreement on Cessation of Hostilities shall be observed nationwide.
The definition of hostilities shall include, but not limited to the following hostile acts

Aggressive actions against respective forces such as attacks, raids, ambuscades, utilization of landmines, reconnoitering, deployment and movement of forces without appropriate coordination, offensive military action except in hot pursuits against threat groups.

Criminal acts such as kidnapping, hijacking, piracy, arson, bombings, grenade-throwing, robberies, liquidations, assassinations, and summary executions.

Provocative acts

Surveillance, harassment and intimidation against respective forces, extortion, arrest without warrant on the part of the GRP and not in the nature of citizen’s arrest, illegal detention, torture, unreasonable search and seizure, blatant display of firearms, providing sanctuary / assistance to criminal elements or members of either Party who have committed hostile or criminal acts.

Other acts that endanger the safety and security of the people and their properties, and contribute to the deterioration of peace and order in any given area.

All hostile propaganda amongst parties, including defamatory, untruthful or derogatory statements.

ARTICLE II
ACTIONS EXEMPTED

The cessation of hostilities between the GRP and the RPM-M shall be pursued without prejudice to the conduct of regular PNP and AFP functions as defined under existing laws and administrative / logistical activities.

By virtue thereof, situations that tend to compromise the prevailing ceasefire between the GRP and RPM-M forces should, therefore, be avoided at all times by way of effective and appropriate coordination.

The following acts do not constitute a violation of the provision of the Agreement on Cessation of Hostilities: Peacekeeping and law enforcement functions such as investigations, preventive patrols (including the legitimate mobilization of GRP forces for tactical operations and defensive movement of RPM-M forces with appropriate coordination, which may arise during the conduct of the day to day activities in the identified development areas, arrests (including arrests effected by virtue of orders issued by competent authorities against criminal elements), and searches and seizures undertaken by the GRP against criminality.
Defensive or protective actions of the GRP and RPM-M to ensure security of their respective forces, as well as safety and tranquility of the civil government and the general population, the areas serviced by impact development projects as determined by both Parties through their respective Peace Panels, and communities where the RPM-M leaders and members are located.

Pages 3-6:
ARTICLE III
COORDINATIVE AND MONITORING ARRANGEMENTS

The GRP and RPM-M shall desist from omitting any act which qualifies under the definition of hostilities as described in this Guidelines and Ground Rules for the Implementation and Monitoring of the Agreement of the Cessation of Hostilities.
In general, it shall be incumbent upon the GRP and RPM-M to take immediate and necessary actions to prevent any violation to This Guidelines and Ground Rules, and apply the appropriate sanction to their respective forces that violate the same.
The GRP and RPM-M shall ensure that the Agreement on the Cessation of Hostilities and its Guidelines and Ground Rules are properly disseminated to their respective forces. Lateral coordination between and among the GRP and RPM-M ground troops on matters pertaining to the implementation and enforcement of the Guidelines and Ground Rules shall be observed.
For effective coordination and monitoring mechanism between and among GRP and RPM-M ground forces to ensure strict observance of cessation of hostilities, interim Local Coordinating and Monitoring Teams (LCMTs) shall be established in areas mutually-identified by both Parties through their respective Peace Panels. These teams shall be tasked to coordinate and monitor the observance of the Agreement at the local level. In consideration of the familiarity and proximity of the LCMTs to the ground, they shall where possible, endeavor to reach amicable settlement/ resolution of reports/ complaints on alleged commission of hostility by either Party.
Each LCMT shall act as a tripartite provincial monitoring team composed of representatives from GRP, RPM-M and mutually acceptable independent non-governmental organization/ people’s organization (NGO/ PO). Each of the three parties shall have one vote each regardless of the number of each party’s representatives to the LCMT. Representatives must be mutually acceptable to both parties thru their respective Peace panels. The LCMT shall be chaired by the NGO/ PO member. The GRP and RPM-M representatives to the LCMT may propose the discharge of the NGO/ PO from the LCMT, subject to approval of the peace panels/
LCMTs shall provide monthly reports to the Peace Panels on matters pertaining to the observance of the cessation of hostilities coordinated and monitored at the local level, further enhance existing coordinative and monitoring mechanisms, and resolve problem areas or gaps in the coordination and monitoring processes. In terms of the regularity of its conference, the LCMT shall meet once a month or as the need arises.
Should the LCMT be unable to resolve a report/ complaint brought to its attention, the LCMT shall transmit the same to the National Committee on Cessation of Hostilities (NCCH) for appropriate action.
By definition, the NCCH shall seek resolution to unresolved report/ complaint emanating from the LCMTs. The NCCH may receive reports/ complaints on alleged commission of hostility by and between Parties, which as it sees fit, may be transmitted to the LCMTs for appropriate action. Furthermore, the NCCH shall particularly handle policy issues concerning the implementation of the cessation of hostilities by crafting recommendation on the same subject to approval of the Panels.

The NCCH shall act as a tripartite national body composed of representatives from GRP, RPM-M, and mutually acceptable independent NGO/ PO. It shall be chaired by the NGO/PO representative. Representatives to the NCCH must be mutually acceptable to both parties thru their respective Peace Panels. The NCCH shall meet quarterly or as the need arises.

ARTICLE IV

REPORTING OF VIOLATIONS AND DISPOSITION OF COMPLAINTS

The following steps shall be observed in the reporting of alleged violations to the cessation of hostilities:
All reports and complaints shall be submitted to the Peace Panels, either directly or through the LCMTs or NCCH, for resolution and appropriate action.
In order to avoid further complications from arising on the ground, the Peace Panels, concerned LCMT, and/ or the NCCH shall immediately notify the commanders of GRP and/ or RPM-M forces whose units or members are allegedly in violation of the cessation of hostilities.
Where the complaint is received by the LCMT, the following steps shall be undertaken:
The concerned LCMT shall immediately commence the gathering of documentary evidence, joint inquiry or fact-finding for the purpose of verifying the report/ complaint.
Subsequent to verification of the report/ complaint, the LCMT shall make an effort to arrive at an amicable resolution or settlement between conflicting parties involved in the reported incident.
LCMTs shall resolve all pending issues and concerns by consensus. In the absence of a consensus however, LCMT members may file separate reports and submit these to the NCCH.
Where the complaint is received by the NCCH, the following steps shall be undertaken:
Upon receipt of a complaint, the NCCH may commence the conduct of joint fact-finding or coordinate with duly-established LCMTs in order to verify the complaint and/ or cause the gathering of additional data/ information needed in the conduct of fact-finding.
Once all relevant data are gathered, the NCCH shall evaluate the reports/ complaints, and deliberate on the merits of the same, either based on their collective or individual inquiry/ fact-finding, or the formal reports submitted by concerned LCMT.
With information gathered from inquiry/ fact-finding, the NCCH shall endeavor to arrive at amicable settlement of the report/ complaint.
GRP agencies and instrumentalities performing law enforcement and peacekeeping functions in accordance with the mandate of the law shall respect and uphold the process of fact-finding and/ or evaluation of alleged violations to the cessation of hostilities/
The NCCH shall make a Joint Report, which includes amicable settlement efforts, on the received complaint for adoption of their respective Panels. Unresolved report/ complaint emanating from NCCH shall be subject to the immediate resolution by the Panels.
Following the determination of a violation by either or both Parties to this Agreement, remedial measures shall be undertaken to ensure compliance to its provisions.
Nothing in this Agreement shall be construed to deprive GRP agencies and instrumentalities from carrying out their functions and responsibilities under existing laws.
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: Page 2:
Article I, par. 3
The definition of hostilities shall include, but not limited to the following
a) Hostile acts

Aggressive actions against respective forces such as attacks, raids, ambuscades, utilization of landmines, reconnoitering, deployment and movement of forces without appropriate coordination, offensive military action except in hot pursuits against threat groups.

Criminal acts such as kidnapping, hijacking, piracy, arson, bombings, grenade-throwing, robberies, liquidations, assassinations, and summary executions.

b) Provocative acts

Surveillance, harassment and intimidation against respective forces, extortion, arrest without warrant on the part of the GRP and not in the nature of citizen’s arrest, illegal detention, torture, unreasonable search and seizure, blatant display of firearms, providing sanctuary / assistance to criminal elements or members of either Party who have committed hostile or criminal acts.

Other acts that endanger the safety and security of the people and their properties, and contribute to the deterioration of peace and order in any given area.
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Pages 3-6:
ARTICLE III

COORDINATIVE AND MONITORING ARRANGEMENTS

The GRP and RPM-M shall desist from omitting any act which qualifies under the definition of hostilities as described in this Guidelines and Ground Rules for the Implementation and Monitoring of the Agreement of the Cessation of Hostilities.
In general, it shall be incumbent upon the GRP and RPM-M to take immediate and necessary actions to prevent any violation to This Guidelines and Ground Rules, and apply the appropriate sanction to their respective forces that violate the same.
The GRP and RPM-M shall ensure that the Agreement on the Cessation of Hostilities and its Guidelines and Ground Rules are properly disseminated to their respective forces. Lateral coordination between and among the GRP and RPM-M ground troops on matters pertaining to the implementation and enforcement of the Guidelines and Ground Rules shall be observed.
For effective coordination and monitoring mechanism between and among GRP and RPM-M ground forces to ensure strict observance of cessation of hostilities, interim Local Coordinating and Monitoring Teams (LCMTs) shall be established in areas mutually-identified by both Parties through their respective Peace Panels. These teams shall be tasked to coordinate and monitor the observance of the Agreement at the local level. In consideration of the familiarity and proximity of the LCMTs to the ground, they shall where possible, endeavor to reach amicable settlement/ resolution of reports/ complaints on alleged commission of hostility by either Party.
Each LCMT shall act as a tripartite provincial monitoring team composed of representatives from GRP, RPM-M and mutually acceptable independent non-governmental organization/ people’s organization (NGO/ PO). Each of the three parties shall have one vote each regardless of the number of each party’s representatives to the LCMT. Representatives must be mutually acceptable to both parties thru their respective Peace panels. The LCMT shall be chaired by the NGO/ PO member. The GRP and RPM-M representatives to the LCMT may propose the discharge of the NGO/ PO from the LCMT, subject to approval of the peace panels/
LCMTs shall provide monthly reports to the Peace Panels on matters pertaining to the observance of the cessation of hostilities coordinated and monitored at the local level, further enhance existing coordinative and monitoring mechanisms, and resolve problem areas or gaps in the coordination and monitoring processes. In terms of the regularity of its conference, the LCMT shall meet once a month or as the need arises.
Should the LCMT be unable to resolve a report/ complaint brought to its attention, the LCMT shall transmit the same to the National Committee on Cessation of Hostilities (NCCH) for appropriate action.
By definition, the NCCH shall seek resolution to unresolved report/ complaint emanating from the LCMTs. The NCCH may receive reports/ complaints on alleged commission of hostility by and between Parties, which as it sees fit, may be transmitted to the LCMTs for appropriate action. Furthermore, the NCCH shall particularly handle policy issues concerning the implementation of the cessation of hostilities by crafting recommendation on the same subject to approval of the Panels.

The NCCH shall act as a tripartite national body composed of representatives from GRP, RPM-M, and mutually acceptable independent NGO/ PO. It shall be chaired by the NGO/PO representative. Representatives to the NCCH must be mutually acceptable to both parties thru their respective Peace Panels. The NCCH shall meet quarterly or as the need arises.

ARTICLE IV

REPORTING OF VIOLATIONS AND DISPOSITION OF COMPLAINTS

The following steps shall be observed in the reporting of alleged violations to the cessation of hostilities:
All reports and complaints shall be submitted to the Peace Panels, either directly or through the LCMTs or NCCH, for resolution and appropriate action.
In order to avoid further complications from arising on the ground, the Peace Panels, concerned LCMT, and/ or the NCCH shall immediately notify the commanders of GRP and/ or RPM-M forces whose units or members are allegedly in violation of the cessation of hostilities.
Where the complaint is received by the LCMT, the following steps shall be undertaken:
The concerned LCMT shall immediately commence the gathering of documentary evidence, joint inquiry or fact-finding for the purpose of verifying the report/ complaint.
Subsequent to verification of the report/ complaint, the LCMT shall make an effort to arrive at an amicable resolution or settlement between conflicting parties involved in the reported incident.
LCMTs shall resolve all pending issues and concerns by consensus. In the absence of a consensus however, LCMT members may file separate reports and submit these to the NCCH.
Where the complaint is received by the NCCH, the following steps shall be undertaken:
Upon receipt of a complaint, the NCCH may commence the conduct of joint fact-finding or coordinate with duly-established LCMTs in order to verify the complaint and/ or cause the gathering of additional data/ information needed in the conduct of fact-finding.
Once all relevant data are gathered, the NCCH shall evaluate the reports/ complaints, and deliberate on the merits of the same, either based on their collective or individual inquiry/ fact-finding, or the formal reports submitted by concerned LCMT.
With information gathered from inquiry/ fact-finding, the NCCH shall endeavor to arrive at amicable settlement of the report/ complaint.
GRP agencies and instrumentalities performing law enforcement and peacekeeping functions in accordance with the mandate of the law shall respect and uphold the process of fact-finding and/ or evaluation of alleged violations to the cessation of hostilities/
The NCCH shall make a Joint Report, which includes amicable settlement efforts, on the received complaint for adoption of their respective Panels. Unresolved report/ complaint emanating from NCCH shall be subject to the immediate resolution by the Panels.
Following the determination of a violation by either or both Parties to this Agreement, remedial measures shall be undertaken to ensure compliance to its provisions.
Nothing in this Agreement shall be construed to deprive GRP agencies and instrumentalities from carrying out their functions and responsibilities under existing laws.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://theirwords.org/media/transfer/doc/sc_ph_rpm_m_2003_48-9dee982417a60f204247613a87a4479a.pdf

GUIDES AND GUIDELINES FOR THE IMPLEMENTATION AND MONITORING OF THE AGREEMENT ON THE CESSATION OF HOSTILITIES

Between the

Government of the Republic of the Philippines,

Herein referred to as “GRP”

And

Rebolusyonaryong Partido ng Manggagawa ng Mindanao,

Herein referred to as “RPM-M”,

And shall singularly be known as the “Party” and jointly known as the “Parties”

WHEREAS, the parties have signed the Agreement on the Cessation of Hostilities on 28th of October 2005 which directed the formulation and finalization of the guidelines and ground rules for the implementation and monitoring of the cessation of hostilities including the structural and coordinative mechanisms;

WHEREAS, both Parties agreed to finalize the list of identified development areas in order to facilitate the implementation of priority projects in the said areas under the framework of sustainable development;

WHEREAS, both Parties mutually recognize, through the Joint Commitment to Pursue Peace and Development, that a peaceful environment is conducive to sustainable development especially for the peoples of Mindanao;

NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants herein set forth, the Parties do hereby mutually agree on the following:

ARTICLE I

SCOPE

The GRP and RPM-M commit their respective armed forces to the general cessation of hostilities by not committing any hostile and/or provocative acts.

The Agreement on Cessation of Hostilities shall be observed nationwide.

The definition of hostilities shall include, but not limited to the following

Hostile acts

Aggressive actions against respective forces such as attacks, raids, ambuscades, utilization of landmines, reconnoitering, deployment and movement of forces without appropriate coordination, offensive military action except in hot pursuits against threat groups.

Criminal acts such as kidnapping, hijacking, piracy, arson, bombings, grenade-throwing, robberies, liquidations, assassinations, and summary executions.

Provocative acts

Surveillance, harassment and intimidation against respective forces, extortion, arrest without warrant on the part of the GRP and not in the nature of citizen’s arrest, illegal detention, torture, unreasonable search and seizure, blatant display of firearms, providing sanctuary / assistance to criminal elements or members of either Party who have committed hostile or criminal acts.

Other acts that endanger the safety and security of the people and their properties, and contribute to the deterioration of peace and order in any given area.

All hostile propaganda amongst parties, including defamatory, untruthful or derogatory statements.

ARTICLE II

ACTIONS EXEMPTED

The cessation of hostilities between the GRP and the RPM-M shall be pursued without prejudice to the conduct of regular PNP and AFP functions as defined under existing laws and administrative / logistical activities.

By virtue thereof, situations that tend to compromise the prevailing ceasefire between the GRP and RPM-M forces should, therefore, be avoided at all times by way of effective and appropriate coordination.

The following acts do not constitute a violation of the provision of the Agreement on Cessation of Hostilities:

Peacekeeping and law enforcement functions such as investigations, preventive patrols (including the legitimate mobilization of GRP forces for tactical operations and defensive movement of RPM-M forces with appropriate coordination, which may arise during the conduct of the day to day activities in the identified development areas, arrests (including arrests effected by virtue of orders issued by competent authorities against criminal elements), and searches and seizures undertaken by the GRP against criminality.

Defensive or protective actions of the GRP and RPM-M to ensure security of their respective forces, as well as safety and tranquility of the civil government and the general population, the areas serviced by impact development projects as determined by both Parties through their respective Peace Panels, and communities where the RPM-M leaders and members are located.

ARTICLE III

COORDINATIVE AND MONITORING ARRANGEMENTS

The GRP and RPM-M shall desist from omitting any act which qualifies under the definition of hostilities as described in this Guidelines and Ground Rules for the Implementation and Monitoring of the Agreement of the Cessation of Hostilities.

In general, it shall be incumbent upon the GRP and RPM-M to take immediate and necessary actions to prevent any violation to This Guidelines and Ground Rules, and apply the appropriate sanction to their respective forces that violate the same.

The GRP and RPM-M shall ensure that the Agreement on the Cessation of Hostilities and its Guidelines and Ground Rules are properly disseminated to their respective forces.

Lateral coordination between and among the GRP and RPM-M ground troops on matters pertaining to the implementation and enforcement of the Guidelines and Ground Rules shall be observed.

For effective coordination and monitoring mechanism between and among GRP and RPM-M ground forces to ensure strict observance of cessation of hostilities, interim Local Coordinating and Monitoring Teams (LCMTs) shall be established in areas mutually-identified by both Parties through their respective Peace Panels.

These teams shall be tasked to coordinate and monitor the observance of the Agreement at the local level.

In consideration of the familiarity and proximity of the LCMTs to the ground, they shall where possible, endeavor to reach amicable settlement/ resolution of reports/ complaints on alleged commission of hostility by either Party.

Each LCMT shall act as a tripartite provincial monitoring team composed of representatives from GRP, RPM-M and mutually acceptable independent non-governmental organization/ people’s organization (NGO/ PO).

Each of the three parties shall have one vote each regardless of the number of each party’s representatives to the LCMT.

Representatives must be mutually acceptable to both parties thru their respective Peace panels.

The LCMT shall be chaired by the NGO/ PO member.

The GRP and RPM-M representatives to the LCMT may propose the discharge of the NGO/ PO from the LCMT, subject to approval of the peace panels/

LCMTs shall provide monthly reports to the Peace Panels on matters pertaining to the observance of the cessation of hostilities coordinated and monitored at the local level, further enhance existing coordinative and monitoring mechanisms, and resolve problem areas or gaps in the coordination and monitoring processes.

In terms of the regularity of its conference, the LCMT shall meet once a month or as the need arises.

Should the LCMT be unable to resolve a report/ complaint brought to its attention, the LCMT shall transmit the same to the National Committee on Cessation of Hostilities (NCCH) for appropriate action.

By definition, the NCCH shall seek resolution to unresolved report/ complaint emanating from the LCMTs.

The NCCH may receive reports/ complaints on alleged commission of hostility by and between Parties, which as it sees fit, may be transmitted to the LCMTs for appropriate action.

Furthermore, the NCCH shall particularly handle policy issues concerning the implementation of the cessation of hostilities by crafting recommendation on the same subject to approval of the Panels.

The NCCH shall act as a tripartite national body composed of representatives from GRP, RPM-M, and mutually acceptable independent NGO/ PO.

It shall be chaired by the NGO/PO representative.

Representatives to the NCCH must be mutually acceptable to both parties thru their respective Peace Panels.

The NCCH shall meet quarterly or as the need arises.

ARTICLE IV

REPORTING OF VIOLATIONS AND DISPOSITION OF COMPLAINTS

The following steps shall be observed in the reporting of alleged violations to the cessation of hostilities:

All reports and complaints shall be submitted to the Peace Panels, either directly or through the LCMTs or NCCH, for resolution and appropriate action.

In order to avoid further complications from arising on the ground, the Peace Panels, concerned LCMT, and/ or the NCCH shall immediately notify the commanders of GRP and/ or RPM-M forces whose units or members are allegedly in violation of the cessation of hostilities.

Where the complaint is received by the LCMT, the following steps shall be undertaken:

The concerned LCMT shall immediately commence the gathering of documentary evidence, joint inquiry or fact-finding for the purpose of verifying the report/ complaint.

Subsequent to verification of the report/ complaint, the LCMT shall make an effort to arrive at an amicable resolution or settlement between conflicting parties involved in the reported incident.

LCMTs shall resolve all pending issues and concerns by consensus.

In the absence of a consensus however, LCMT members may file separate reports and submit these to the NCCH.

Where the complaint is received by the NCCH, the following steps shall be undertaken:

Upon receipt of a complaint, the NCCH may commence the conduct of joint fact-finding or coordinate with duly-established LCMTs in order to verify the complaint and/ or cause the gathering of additional data/ information needed in the conduct of fact-finding.

Once all relevant data are gathered, the NCCH shall evaluate the reports/ complaints, and deliberate on the merits of the same, either based on their collective or individual inquiry/ fact-finding, or the formal reports submitted by concerned LCMT.

With information gathered from inquiry/ fact-finding, the NCCH shall endeavor to arrive at amicable settlement of the report/ complaint.

GRP agencies and instrumentalities performing law enforcement and peacekeeping functions in accordance with the mandate of the law shall respect and uphold the process of fact-finding and/ or evaluation of alleged violations to the cessation of hostilities/

The NCCH shall make a Joint Report, which includes amicable settlement efforts, on the received complaint for adoption of their respective Panels.

Unresolved report/ complaint emanating from NCCH shall be subject to the immediate resolution by the Panels.

Following the determination of a violation by either or both Parties to this Agreement, remedial measures shall be undertaken to ensure compliance to its provisions.

Nothing in this Agreement shall be construed to deprive GRP agencies and instrumentalities from carrying out their functions and responsibilities under existing laws.

ARTICLE V

COVENANTS

The activities and arrangements in this Guidelines and Ground Rules shall be accomplished and undertaken with utmost expediency by the Parties herein.

The Parties agree to do and perform all further acts as shall be necessary or convenient to implement the provision of this Guidelines and Ground Rules.

The parties jointly affirm and recognize the need to promote and strengthen environment and natural resource protection under the framework of sustainable development.

The implementation of this Guidelines shall pave the way for the:

Fulfillment of the pre-confidence and confidence-building measures;

Continued pursuit of the implementation of development projects;

and

Signing of the final peace agreement.

ARTICLE VI

EFFECTIVITY

This Guidelines shall take effect 15 days after its signing by the representatives of both parties.

Signed on this day of in Cagayan de Oro City.

For the Government of the Republic of the Philippines

By:

Hon. Franklin M. Quijano

Chairperson

GRP Peace Panel

Hon. Froilan R. Melendrez

Member

GRP Peace Panel

For the Rebolusyinaryong Partido ng Manggagawa ng Mindanao

By:

Hon. Moniva D. Pascual

Chairperson

RPM-M Peace Panel

Hon. Freiderick T. Montes

Member

RPM-M Peace Panel

Hon. Armando F. Orbis

Member

RPM-M Peace Panel

Hon. Enrique B. delos Reyes

Political Consultant

Witnessed by:

Charlito Z. Manlupig

Independent Secretariat

Ariel C. Hernandez

Executive Director

Balay Mindanaw Foundation, Inc.