Terms of Reference for the Project Board of the Mindanao Trust Fund (MTF) for the Six Previously Acknowledged MILF Camps

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference for the Project Board of the Mindanao Trust Fund (MTF) for the Six Previously Acknowledged MILF Camps
Date: 30 May 2016
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: FOR THE GPH:
MIRIAM CORONEL FERRER
GPH Panel

FOR THE MILF:
MOHAGHER IQBAL

MILF Panel
Third parties: Signed in the presence of

Tengku Dato’Ab Ghafar Tengku Mohamed

Malaysian Facilitator
Description: -

Agreement document: PH_160530_Terms of Reference for the Mindanao Trust Fund for the Six Previously Acknowledge MILF Camps.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: 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: 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
In accordance with the CAB, specifically , the confidence-building measures stated in the Annex on Normalization, the six (6) previously acknowledged MILF camps are to undertake activities transforming surrounding areas into peaceful and productive communities . To achieve this objective , both national and international assistance is required. In this context , it has been agreed that assistance will be provided by the Mindanao Trust Fund - Reconstruction and Development Programme (MTF-RDP) , a multi-donor funding facility managed by the World Bank. To be implemented from January through December 2016 in accordance with the rules and regulations of the World Bank and with technical assistance from the Project Implementation Unit (PIU)-Community and Family Services International (CFSl)-the MTF RDP Camps Project will support confidence- building and the socio-economic recovery of conflict-affected communities in Mindanao .
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1
In accordance with the CAB, specifically , the confidence-building measures stated in the Annex on Normalization, the six (6) previously acknowledged MILF camps are to undertake activities transforming surrounding areas into peaceful and productive communities . To achieve this objective , both national and international assistance is required. In this context , it has been agreed that assistance will be provided by the Mindanao Trust Fund - Reconstruction and Development Programme (MTF-RDP) , a multi-donor funding facility managed by the World Bank. To be implemented from January through December 2016 in accordance with the rules and regulations of the World Bank and with technical assistance from the Project Implementation Unit (PIU)-Community and Family Services International (CFSl)-the MTF RDP Camps Project will support confidence- building and the socio-economic recovery of conflict-affected communities in Mindanao .
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

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

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 1:
In accordance with the CAB, specifically , the confidence-building measures stated in the Annex on Normalization, the six (6) previously acknowledged MILF camps are to undertake activities transforming surrounding areas into peaceful and productive communities . To achieve this objective , both national and international assistance is required. In this context , it has been agreed that assistance will be provided by the Mindanao Trust Fund - Reconstruction and Development Programme (MTF-RDP) , a multi-donor funding facility managed by the World Bank. To be implemented from January through December 2016 in accordance with the rules and regulations of the World Bank and with technical assistance from the Project Implementation Unit (PIU)-Community and Family Services International (CFSl)-the MTF RDP Camps Project will support confidence- building and the socio-economic recovery of conflict-affected communities in Mindanao .
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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Office of the Presidential Adviser on the Peace Process
https://peace.gov.ph/wp-content/uploads/2016/06/TOR-MTF-for-the-Six-Camps-Project-Board.pdf

TERMS OF REFERENCE FOR THE PROJECT BOARD OF THE MINDANAO TRUST FUND (MTF)

FOR THE SIX PREVIOUSLY ACKNOWLEDGED MILF CAMPS

On 27 March 2014 , the Peace Panels of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) signed the Comprehensive Agreement on the Bangsamoro (CAB) , ending armed hostilities between the two Parties, providing for a negotiated political settlement of the Bangsamoro Question, and promoting peace.

The Annex on Normalization , signed by the same parties on 25 January 2014 , is an integral part of the CAB.

In accordance with the CAB, specifically , the confidence-building measures stated in the Annex on Normalization, the six (6) previously acknowledged MILF camps are to undertake activities transforming surrounding areas into peaceful and productive communities .

To achieve this objective , both national and international assistance is required.

In this context , it has been agreed that assistance will be provided by the Mindanao Trust Fund - Reconstruction and Development Programme (MTF-RDP) , a multi-donor funding facility managed by the World Bank.

To be implemented from January through December 2016 in accordance with tpe rules and regulations of the World Bank and with technical assistance from the Project Implementation Unit (PIU)-Community and Family Services International (CFSl)-the MTF RDP Camps Project will support confidence- building and the socio-economic recovery of conflict-affected communities in Mindanao .

The MTF-RDP Camps Project shall be guided by the GPH-MILF Panels and Joint Task Forces on Camps Transformation (JTFCT), and its implementation shall have a governing body, the Project Board.

The Project Board shall have two Co-chairs, one each from the GPH and the MiLF, plus two (2) members from the MILF and orie (1) secretary.

MTF-RDP support to the operations of the Project Board shall be provided through the PIU.

The Project Board snail exist until the terminal date of the project, which is 31 December 2016 .

Specifically, the Project Board shall perform the following tasks:

1. Set policies relevant to the successful implementation of the MTF-RDP Camps Project;

2. Review and approval of the Work and Financial Plan (WFP);

Review and approval of the Operations Manual (Ops Manual);

4. Hold coordination meetings monthly, and/or as necessary;

5. Provide guidance to the coordinators of the Joint Task Force Camps Transformation (JTFCT) in the six camps to ensure effective project implementation on the ground, including, among others, the identification of needs, project types, and project sites;

6. Provide guidance and, where appropriate, support to CFSI as the PIU, to ensure timely and proper implementation of the MTF-RDP Camps Project, including appropriate coordination with other assistance provided in the Camps (either from Government or other development partners);

and

7. Submit to the GPH-MILF Peace Panels regular updates on the project progress and completion .

Done and adopted this 30th day of May 2016 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL FERRER

GPH Panel

FOR THE MILF:

MOHAGHER IQBAL

MILF Panel

Signed in the presence of

Tengku Dato’Ab Ghafar Tengku Mohamed

Malaysian Facilitator