Guidelines for the Operationalization of the Bangasamoro Normalization Trust Fund

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Guidelines for the Operationalization of the Bangasamoro Normalization Trust Fund
Date: 14 Dec 2017
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: Territory
Peace process: Philippines - Mindanao process
Parties: For the GPH: USEC. Nabila A. Tan, Chair, GPH Implementing Panel
For the MILF: Mohagher Iqbal, Chair, MILF Implementing Panel
Third parties: Signed in the presence of: Dato' Kamarudin Bin Mustafa, Malaysian Facilitator and/or Special Adviser
Description: Agreement pertains to the operation of the Bangsomoro Trust Fund and expresses support for the Comprehensive Agreement on the Bangsamoro

Agreement document: PH_171214 Guidelines for the Operationalization BNTF.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2, III Scope and Coverage,

c. Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant
elements of the MILF, indigenous peoples, women, children, and internally displaced
persons

Page 4, VIII. Sustainability Strategies and Mechanisms

a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
of project implementation. People with special needs such as widows, orphans, amnesty
grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
given appropriate support;
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 2, III Scope and Coverage,

c. Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant
elements of the MILF, indigenous peoples, women, children, and internally displaced
persons
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, III Scope and Coverage,

c. Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant
elements of the MILF, indigenous peoples, women, children, and internally displaced
persons
Social class: No specific mention.

Gender

Women, girls and gender: Page 2, III Scope and Coverage,

c. Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant
elements of the MILF, indigenous peoples, women, children, and internally displaced
persons

Page 4, VIII. Sustainability Strategies and Mechanisms

a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
of project implementation. People with special needs such as widows, orphans, amnesty
grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
given appropriate support;
Men and boys: Gender→Men and boys→Gender neutral wording
Page 4, VIII. Sustainability Strategies and Mechanisms

a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
of project implementation. People with special needs such as widows, orphans, amnesty
grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
given appropriate support;
LGBTI: No specific mention.
Family: Page 1, III Scope and Coverage,

b. Sectoral
...
Families of the DCs

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: Power sharing→Economic power sharing→Other
Page 2, V. BNTF Fund Management Structure

Oversight Body

The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the
BNTF. lt shall be responsible for the strategic policy directions and guidance for the BNTF,
specifically its objectives, purpose, scope, coverage, and allocation of funds.

Either Party may exercise veto power on decisions made by the Steering Committee.

Page 3, Composition of the Steering Committee

The Steering Committee shall be composed of.
a. Two (2) representatives each from the GPH and MILF. Any panel member may sit as
one of the two representatives each from the GPH and MILF to the Steering Committee.
b. Two (2) representatives from the contributors to the Fund to be identified among
themselves
c. Representative from the Fund Manager as ex-officio and non-voting member
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: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, GUIDELINES FOR THE OPERATIONALIZATION OF THE BANGSAMORO NORMALIZATION TRUST FUND

Background and Rationale
The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework Agreement on the Bangsamoro (FAS) and its Annex on Normalization through which urgent support , recurrent and investment budget cost will be released with efficiency , transparency and accountability in support of the process of normalization , whereby former combatants , their communities , and other vulnerable sectors can achieve their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society . It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) and the international community to the full implementation of the Comprehensive Agreement on the Bangsamoro (CAB).

Objective and Purpose
The purpose of the BNTF is to finance , coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for rehabilitation , reconstruction and development of Bangsamoro communities with special regard to decommissioned MILF combatants and vulnerable sectors.
The BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner.
The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end in view of transforming these areas into peaceful and productive communities .
Ill. Scope and Coverage a. Geographic Coverage

Bangsamoro communities
Other areas where decommissioned combatants (DCs) are located
Six previously acknowledged MILF camps
Sectoral
Decommissioned Combatants
Families of the DCs
Non-combatant MILF elements
Vulnerable individuals and sectors in the Bangsamoro

1 See Annex on Normalization, Part G, item 5, and GPH-MILF Joint Statement on 1 1 February 2016 in Kuala Lumpur, Malaysia.

Page 2...

Project Types
Economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women , children, and internally displaced persons
Impact programs to address imbalances in development and infrastructures
Capacity building, institutional strengthening and operational requirements of normalization and transitional mechanisms
Psycho-social healing and reconciliation
Transitional justice and reconciliation initiatives
Other project types as may be agreed by Parties
Funding Sources
GPH 2
International donor agencies
Private sector
BNTF Fund Management Structure
Oversight Body

The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the BNTF. It shall be responsible for the strategic policy directions and guidance for the BNTF, specifically its objectives , purpose, scope, coverage, and allocation of funds.

Either Party may exercise veto power on decisions made by the Steering Committee .

Steering Committee

The Steering Committee shall provide operational policy guidance for the BNTF. It shall be responsible for management directions, and shall make decisions on which programs and projects to fund as well as on the acceptance of donations , as guided by the provisions of the Annex on Normalization.

Specifically , the Steering Committee shall:

1 Provide operational policy guidelines in the overall management of the BNTF;
2 Review and approve the projects as guided by the policies and directions set by the Oversight Body and reflective of the objectives of the Annex on Normalization;
3 Identify strategies on how to efficiently and effectively utilize funds;
4 Monitor and assess implementation of projects;
5 Accept donations in behalf of the BNTF.

2 see TOR of BNTF, Part V on Funding Sources signed on 30 May 2016.

Page 3...

Composition of the Steering Committee

The Steering Committee shall be composed of:

Two (2) representatives each from the GPH and MILF. Any panel member may sit as one of the two representatives each from the GPH and MILF to the Steering Committee.
Two (2) representatives from the contributors to the Fund to be identified among themselves
Representative from the Fund Manager as ex-officio and non-voting member
Fund Manager

The BNTF shall be administered by a Fund Manager that shall be mutually identified by the Parties. The Fund Manager shall receive policy guidance and direction from the Steering Committee, and provide accountability for the utilization of the BNTF. It shall implement measures to ensure transparency and efficiency in the mobilization and utilization of resources .

Secretariat

The Steering Committee shall be supported by a Secretariat , whose operations shall likewise be supported by the BNTF. The Secretariat shall provide technical and administrative assistance to the Steering Committee , including review of project proposals, monitoring of implementation of programs and projects, and other functions as necessary . The Secretariat shall work in close coordination with the Fund Manager especially with respect to recommendations on fund allocations .

Implementation Mechanism

Open Facility where entities with legal personality may propose projects to the BNTF

Programmed Facility in accordance with normalization process deliverables

Page 4...

Implementing Partners

Government agencies
MILF agencies (e.g., Bangsamoro Development Agency , Bangsamoro Leadership and Management Institute)
CSOs
Academe
LGUs
Multi-lateral organizations
Duration
The Fund shall continue to exist until the signing of the Exit Agreement.

The status of any unexpended Fund balance shall be covered by the Terms of Reference for the Fund.

VIII. Sustainability Strategies and Mechanisms. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects of project implementation. People with special needs such as widows , orphans, amnesty grantees, released political prisoners and detainees , IPs, PWDs, IDPs, elderly , shall be given appropriate support ;

a.Built in capacity building and institution strengthening component in the projects to be implemented;

b.Conscious strategies in creating and strengthening normalization mechanisms as vital institutions for the functioning of the Bangsamoro Government;

c.Inclusion of initiatives towards the transformation of the MILF from revolutionary to a social movement;

d.Linking of projects, especially its implementation, to formal institutions for sustainability and continuity ; and

e.Due consideration to unique contexts and conflict situations in specific communities and sectors in the identification of projects.

f. Relationship with Other Funding Mechanisms and Programs

The Oversight Body shall issue the appropriate guidelines to govern the relationship of the Fund with other funding facilities and programs relating to normalization.

Page 5...

Done this 14 day of December 2017 in Kuala Lumpur, Malaysia.
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: 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: 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: https://peace.gov.ph/wp-content/uploads/2017/12/2017-12-14-Guidelines-for-the-Operationalization-BNTF.pdf

GUIDELINES FOR THE OPERATIONALIZATION OF THE BANGSAMORO NORMALIZATION TRUST FUND

Background and Rationale

The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework Agreement on the Bangsamoro (FAS) and its Annex on Normalization through which urgent support , recurrent and investment budget cost will be released with efficiency , transparency and accountability in support of the process of normalization , whereby former combatants , their communities , and other vulnerable sectors can achieve their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society .

It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) and the international community to the full implementation of the Comprehensive Agreement on the Bangsamoro (CAB).

Objective and Purpose

The purpose of the BNTF is to finance , coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for rehabilitation , reconstruction and development of Bangsamoro communities with special regard to decommissioned MILF combatants and vulnerable sectors.

The BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner.

The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end in view of transforming these areas into peaceful and productive communities .

Ill. Scope and Coverage a. Geographic Coverage

Bangsamoro communities

Other areas where decommissioned combatants (DCs) are located

Six previously acknowledged MILF camps

Sectoral

Decommissioned Combatants

Families of the DCs

Non-combatant MILF elements

Vulnerable individuals and sectors in the Bangsamoro1

1 See Annex on Normalization, Part G, item 5, and GPH-MILF Joint Statement on 1 1 February 2016 in Kuala Lumpur, Malaysia.

Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women , children, and internally displaced persons

Impact programs to address imbalances in development and infrastructures

Capacity building, institutional strengthening and operational requirements of normalization and transitional mechanisms

Psycho-social healing and reconciliation

Transitional justice and reconciliation initiatives

Other project types as may be agreed by Parties

Funding Sources

GPH 2

International donor agencies

Private sector

BNTF Fund Management Structure

Oversight Body

The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the BNTF.

It shall be responsible for the strategic policy directions and guidance for the BNTF, specifically its objectives , purpose, scope, coverage, and allocation of funds.

Either Party may exercise veto power on decisions made by the Steering Committee .

Steering Committee

The Steering Committee shall provide operational policy guidance for the BNTF.

It shall be responsible for management directions, and shall make decisions on which programs and projects to fund as well as on the acceptance of donations , as guided by the provisions of the Annex on Normalization.

Specifically , the Steering Committee shall:

Provide operational policy guidelines in the overall management of the BNTF;

Review and approve the projects as guided by the policies and directions set by the Oversight Body and reflective of the objectives of the Annex on Normalization;

Identify strategies on how to efficiently and effectively utilize funds;

Monitor and assess implementation of projects;

Accept donations in behalf of the BNTF.

2 see TOR of BNTF, Part V on Funding Sources signed on 30 May 2016.

Composition of the Steering Committee

The Steering Committee shall be composed of:

Two (2) representatives each from the GPH and MILF.

Any panel member may sit as one of the two representatives each from the GPH and MILF to the Steering Committee.

Two (2) representatives from the contributors to the Fund to be identified among themselves

Representative from the Fund Manager as ex-officio and non-voting member

Fund Manager

The BNTF shall be administered by a Fund Manager that shall be mutually identified by the Parties.

The Fund Manager shall receive policy guidance and direction from the Steering Committee, and provide accountability for the utilization of the BNTF.

It shall implement measures to ensure transparency and efficiency in the mobilization and utilization of resources .

Secretariat

The Steering Committee shall be supported by a Secretariat , whose operations shall likewise be supported by the BNTF.

The Secretariat shall provide technical and administrative assistance to the Steering Committee , including review of project proposals, monitoring of implementation of programs and projects, and other functions as necessary .

The Secretariat shall work in close coordination with the Fund Manager especially with respect to recommendations on fund allocations .

Implementation Mechanism

Open Facility where entities with legal personality may propose projects to the BNTF

Programmed Facility in accordance with normalization process deliverables

Implementing Partners

Government agencies

MILF agencies (e.g., Bangsamoro Development Agency , Bangsamoro Leadership and Management Institute)

CSOs

Academe

LGUs

Multi-lateral organizations

Duration

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

The status of any unexpended Fund balance shall be covered by the Terms of Reference for the Fund.

VIII.

Sustainability Strategies and Mechanismsa.

Genuine participation of beneficiaries - women, men, youth, and children - in all aspects of project implementation.

People with special needs such as widows , orphans, amnesty grantees, released political prisoners and detainees , IPs, PWDs, IDPs, elderly , shall be given appropriate support ;

a.Built in capacity building and institution strengthening component in the projects to be implemented;

b.Conscious strateg ies in creating and strengthening normalization mechanisms as vital institutions for the functioning of the Bangsamoro Government;

c.Inclusion of initiatives towards the transformation of the MILF from revolutionary to a social movement;

d.Linking of projects, especially its implementation, to formal institutions for sustainability and continuity ;

and

e.Due consideration to unique contexts and conflict situations in specific communities and sectors in the identification of projects.

f. Relationship with Other Funding Mechanisms and Programs

The Oversight Body shall issue the appropriate guidelines to govern the relationship of the Fund with other funding facilities and programs relating to normalization.

Done this 14 day of December 2017 in Kuala Lumpur, Malaysia.

FOR THE GPH:

FOR THE MILF:

5lit:

e3-

Chair, MILF Implementing Panel

SIGNED IN THE PRESENCE OF:

DATO' KAMARUDIN Bl

Malaysian Facilitator and/or Special Adviser