Terms of Reference of the GPH and the MILF Peace Implementing Panels

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference of the GPH and the MILF Peace Implementing Panels
Date: 21 Mar 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: Government/territory
Peace process: Philippines - Mindanao process
Parties: For the GPH IRENE M. SANTIAGO GPH Implementing Panel Chair
For the MILF MOHAGHER IQBAL MILF Implementing Panel Chair
Third parties: SIGNED IN THE PRESENCE OF: DATO' KAMARUDIN BIN MUSTAFA Malaysian Facilitator and/or Special Adviser
Description: Describes the specific details of how meetings of the Implementation Panels should proceed, such as the procedures and who is included.

Agreement document: PH_170321_Terms of Reference of the (GPH) and (MILF).pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: Groups→Disabled persons→Other
Page 2, Article III, Conduct of Panel Meetings, Section 3. Attendance/Quorum.
a. The officially designated members of the GPH and the MILF Peace Implementing Panels shall be the regular attendees at every Panel meeting In the event of permanent disability for any reason, a substitute shall be named to replace him/her; provided, finally, that prior official notice of such designation of substitute shall be given to the other party. If the meeting is held outside of the country, then notice shall likewise be made to the Third Party Facilitator and/or Special Adviser.
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: Power sharing→Territorial power sharing→Autonomous regions
Page 1, Article II, Guiding Principles and Mandate

Section 2. Mandate. The Implementing Panels are mandated to ensure the efficient and effective implementation of the Comprehensive Agreement on the Bangsamoro (CAB) and other agreements that may be signed by the Parties. They shall jointly and cooperatively endeavor to accomplish the following:

a. The GPH Implementing Panel shall work for the passage of the proposed Bangsamoro Basic Law (BBL) in Congress while the MILF Implementing Panel shall monitor the progress of the legislative process,
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 logistics
Page 4, ARTICLE IV, MEDIA COVERAGE

Section 1. The holding of joint press conferences or the issuance of joint press statements shall be mutually agreed upon by the two Panel Chairpersons.

Section 2. The respective Chairpersons of the Implementing Panels, or in their absence, a member of either Panel duly designated, shall act as the official spokespersons for each Panel, as the case may be.

Section 3. To ensure effective communication, the Implementing Panels shall agree on common messaging that shall be used for public information relative to the work of the Implementing 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: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

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

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, Article II, Guiding Principles and Mandate

Section 2. Mandate. The Implementing Panels are mandated to ensure the efficient and effective implementation of the Comprehensive Agreement on the Bangsamoro (CAB) and other agreements that may be signed by the Parties. They shall jointly and cooperatively endeavor to accomplish the following:
...
c. Carry out the phasing and sequencing of the programs for implementation under the normalization process, including decommissioning which shall be parallel and commensurate to the movement of the legislative track, specifically, the BBL as provided for in the Annex on Arrangements and Modalities, and Transitional
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: Page 5, Signatures

Signed in the Presence of Malaysian Facilitator and/or Special Adviser Dato' Kamarudin Bin Mustafa
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 http://peace.gov.ph/wp-content/uploads/2017/03/TOR-GPH-MILF-Implementing-Panels.pdf

TERMS OF REFERENCE OF THE GOVERNMENT OF THE PHILIPPINES (GPH) AND THE MORO ISLAMIC LIBERATION FRONT (MILF)

PEACE IMPLEMENTING PANELS

ARTICLE I

COMPOSITION

The Panels respectively created by the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) composed of five (5) members each, shall hereinafter be referred to as the GPH and MILF Peace Implementing Panels (Implementing Panels for brevity).

ARTICLE II

GUIDING PRINCIPLES AND MANDATE

Section 1.

Guiding Principles.

The Implementing Panels resolve to build on the gains of the peace process in the implementation of the signed agreements including all existing mechanisms of the peace process.

The implementing stage shall be primarily an internal process to the Parties, with due consideration to the agreed international participation, and when necessary, with third party facilitation and/or special advice as provided for in this Terms of Reference.

Section 2.

Mandate.

The Implementing Panels are mandated to ensure the efficient and effective implementation of the Comprehensive Agreement on the Bangsamoro (CAB) and other agreements that may be signed by the Parties.

They shall jointly and cooperatively endeavor to accomplish the following:

a. The GPH Implementing Panel shall work for the passage of the proposed Bangsamoro Basic Law (BBL) in Congress while the MILF Implementing Panel shall monitor the progress of the legislative process,

b. If necessary, review the peace process mechanisms on the ground to align them in accordance with the implementation phase of the GPH-MILF peace process, provided that any amendment shall be agreed upon by the Parties in the presence of the Third Party Facilitator;

c. Carry out the phasing and sequencing of the programs for implementation under the normalization process, including decommissioning which shall be parallel and commensurate to the movement of the legislative track, specifically, the BBL as provided for in the Annex on Arrangements and Modalities, and Transitional

d. Perform such other functions as mutually agreed upon by the Parties to ensure the smooth and effective implementation of all agreements.

ARTICLE III

CONDUCT OF PANEL MEETINGS

section 1.

Agenda for the Meetings.

The agenda for the meetings shall be prepared by the GPH and MILF Secretariats and shall be agreed upon by the Implementing Panels.

The Panels shall exchange working papers on the agenda of the meetings within a reasonable period of time before such agenda shall be discussed.

However, when the meeting is held in Malaysia, such agenda shall be agreed upon by the Parties, with the concurrence of the Third Party Facilitator and/or Special Adviser

Section 2.

Venue and Schedule of the Meetings.

The GPH and MILF Implementing Panels shall henceforth regularly hold their meetings in the Philippines.

The Third Party Facilitator and/or Special Adviser shall be informed in advance of such meetings.

The Third Party Facilitator and/or Special Adviser shall be furnished a copy of the summary of discussions of every meeting.

In case there are actions and issues that require third party facilitation and/or special advice, such as but not limited to, signing major agreements or amending existing ones, the meetings may be held in Malaysia or in any other place to be mutually agreed by the two Panels with the concurrence of the Third Party Facilitator and/or Special Adviser.

In both cases, they shall mutually agree on the schedule of meetings.

Section 3.

Attendance/Quorum.

a. The officially designated members of the GPH and the MILF Peace Implementing Panels shall be the regular attendees at every Panel meeting In the event of permanent disability for any reason, a substitute shall be named to replace him/her;

provided, finally, that prior official notice of such designation of substitute shall be given to the other party.

If the meeting is held outside of the country, then notice shall likewise be made to the Third Party Facilitator and/or Special Adviser.

b. A majority of the composition of each Panel is required to be present at every meeting in order to constitute a quorum.

c. The Panels may jointly extend invitations to the Third Party Facilitator and/or Special Adviser to observe meetings held in the Philippines as agreed by the Panels.

Section 4.

Presiding Officers.

The two Panel Chairpersons shall act as co presiding officers in the meetings of the two Panels.

Section 5.

Third Party Facilitation and/or Special Advice.

When there are issues that cannot be settled by both Panels, these shall be resolved through the Third Party Facilitator and/or Special Adviser.

Section 6.

Presence of Persons Other than Panel Members at Meetings Other than the Implementing Panels, only the Secretariat, Technical Staff, and at most two (2) Consultants at a time from both sides shall be allowed in the meeting room.

Resource Persons may be invited as necessary, and as mutually agreed upon by the two Chairpersons of the Implementing Panels.

Only persons on the list of attendees provided by both panels three (3) days prior to the meeting may be allowed in the meeting room.

Changes may later be done as long as mutually agreed upon by the Parties.

Section 7.

GPH and MILF Secretariats.

There shall be permanent GPH and MILF Secretariats, which shall have the following tasks and functions:

a. To prepare and submit the agenda of the meetings of the Implementing Panels:

b. To document the proceedings of the meeting of the Implementing Panels:

c. To prepare the highlights of consensus points between the Implementing Panels after every meeting, and

d. To handle all administrative requirements relative to the conduct of the

meeting

In meetings held in Malaysia, the above tasks and functions shall be supported by the Malaysian Secretariat.

All signed documents arising from the meetings of the Implementing Panels held in the Philippines shall be furnished the Malaysian Facilitator and/or Special Adviser or its Secretariat.

Section 8.

Procedure of Meetings:

a. The two Panel Chairpersons shall agree on the allocation of time for each agenda item

b. Each Panel shall have equal time and opportunity to fully present its side in meetings, orally and/or in writing, to propound questions, and to respond to the other Panel regarding any agreed agenda item.

c. When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further deliberation or referred to the respective Technical staff for further study.

Thereafter, the two Panels shall proceed to the next agenda item.

Section 9.

Format of Meetings.

a. The Chairperson of each Panel shall speak on behalf of the Panel, while other Panel Members may speak when appropriate, encouraging a constructive dialogue with due courtesy to their respective Panel Chairpersons.

Consultants and resource persons may be invited to speak with the concurrence of both Panel Chairpersons

b. Each Panel may propose a draft on any agenda item, which may become the basis for discussion.

Section 10.

Meeting Flow.

The flow of the meeting shall be as follows:

a. Determination of Quorum from Each Panel Reported by the Secretariat

b. Approval of Agenda for the Meeting

c. Adoption of Report of Previous Meeting

d. Discussion of Unfinished Business

e. Discussion of Agenda Items

f. Adoption of Consensus Points

g. Adoption of Proposed Agenda, Schedule and Venue of the Next Meeting

h. Adoption of Joint Statement/Press Release, if necessary.

ARTICLE IV

MEDIA COVERAGE

Section 1.

The holding of joint press conferences or the issuance of joint press statements shall be mutually agreed upon by the two Panel Chairpersons.

Section 2.

The respective Chairpersons of the Implementing Panels, or in their absence, a member of either Panel duly designated, shall act as the official spokespersons for each Panel, as the case may be.

Section 3.

To ensure effective communication, the Implementing Panels shall agree on common messaging that shall be used for public information relative to the work of the Implementing Panels.

ARTICLE V

GENERAL PROVISIONS

Section 1.

Confidentiality.

a. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues taken up during the meetings.

b. Limitations on access to or release of official records of the deliberations and minutes of the meetings shall be mutually agreed upon by the two Implementing Panels.

Section 2.

Amendments.

The two Implementing Panels may from time to time mutually agree to amend, modify or supplement this Agreement

Section 3.

Effectivity.

This Agreement shall take effect upon the signing by the Chairpersons of the two Implementing Panels, including the Third Party Facilitator and/or Special Adviser.

Done this 21st day of March 2017 in Kuala Lumpur, Malaysia

For the GPH IRENE M. SANTIAGO GPH Implementing Panel Chair

For the MILF MOHAGHER IQBAL MILF Implementing Panel Chair

SIGNED IN THE PRESENCE OF:

DATO' KAMARUDIN BIN MUSTAFA Malaysian Facilitator and/or Special Adviser