Revised Implementing Guidelines on the Joint Communique of 6 May 2002

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Revised Implementing Guidelines on the Joint Communique of 6 May 2002
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: Renewal
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: FOR THE GPH: USEC. NABIL A. TAN Chair, GPH Peace Implementing Panel

FOR THE MILF: MOHAGHER IQBAL Chair, MILF Peace Implementing Panel
Third parties: SIGNED IN THE PRESENCE OF DATO' KAMARUDIN BIN MUSTAFA Malaysian Facilitator and/or Special Adviser
Description: Largely deals with cooperation between the parties in how to approach organised crime.

Agreement document: PH_171214_Revised Implementing Guidelines of Joint Communique May 6 2002.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: Rights related issues→Protection measures→Protection of civilians
Page 4, VII. GENERAL GUIDELINES FOR THE IMPLEMENTING UNIT

1. In the process of implementing its functions, the implementing units of the GPH-MILF,
shall ensure the safety of the life of the civilians and the protection of their properties.
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: 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 1, II. OBJECTIVE/PURPOSE

This set of guidelines is adopted to implement the provision of the Joint
Communique dated 06 May 2002 between the Government of the Republic of the
Philippines and the Moro Islamic Liberation Front related to the isolation and
interdiction of all criminal syndicates, drug syndicates, kidnap for ransom groups
and other criminal groups including the so called "Lost Commands" operating in
Mindanao

III. SCOPE
These Implementing Guidelines apply only to operations against criminal
syndicates, drug syndicates, kidnap-for-ransom groups, lost commands and other
criminal elements within MILF areas/ communities.

Page 1, IV. DEFINITION OF TERMS

A. Lost Commands - groups which are not under the command and control of the
BIAF and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

B. Criminal Syndicates/Kidnap-for-Ransom Groups refer to a group or
aggregation of persons who engage in criminal activities as verified by AHJAG.
C. Criminal Elements - within the purview of AHJAG, refers to a leader/elements of
a criminal syndicate or kidnap for ransom group as distinguished from common
criminals.

D.Isolation - refers to the act of dissociating/segregating criminal elements from
the general public as a mode to monitor and counter their criminal activities.
E. lnterdiction - refers to the act of apprehending criminal elements as defined in
paragraphs A and B and turning them over to the AHJAG.

...

G.Wanted List - refers to the list of wanted persons prepared by the AFP/PNP as
verified by the AHJAG.

Page 3, VI. MECHANICS OF IMPLEMENTATION

1. The AFP/PNP shall convey to the MILF through the AHJAG the Wanted List as
defined in Paragraph lV, E containing the names and identities of the criminal
elements as provided in the Paragraph 3 of the Joint Communique of 6 May
2002.

2. The MILF through the AHJAG shall validate and subsequently act on the
information as contained in the Wanted List.

3. The MILF further shall provide information, as available, on other suspected
criminal elements in their areas/communities that come to their attention.
4. The AHJAG shall coordinate with AFP/PNP and MILF/BIAF to effect the
apprehension and arrest of the suspected criminal elements.

5. To avoid unnecessary armed confrontations, the displacement of communities
and damage to properties, the Joint Coordinating Center (JCC) composed of
the GPH, MILF and the IMT shall convene prior to law enforcement operations
(LEos).

6. The AHJAG shall inform the GPH and the MILF CCCH at least 24 hours prior to
the conduct of AFP/PNP operations in order to allow sufficient time for
evacuation of civilians and to avoid armed confrontation between the GPH and
MILF forces. For high value targets, a list of which shall be provided by the GPH
Implementing Panel to the MILF Implementing Panel, prior coordination of 24
hours or less shall be done.

7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander
shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against
criminal elements shall not exceed seventy-two (72) hours and can be
extended upon consultation with AHJAG. Paramilitary/irregular forces shall not
be allowed to engage in hot pursuit.

8. An after-operation report shall be immediately submitted by the AHJAG to the
GPH and MILF lmplementing Panels, copy furnished both CCCHS.

9. The MILF shall block the entry of suspected criminal elements into MILF
areas/communities based on the Wanted List and other information jointly
verified by the AHJAG. Arrested/ apprehended personalities shall be turned
over to the AHJAG.
Drugs: No specific mention.
Terrorism: Page 1, DEFINITION OF TERMS

l. High Value Target - refers to individuals which includes, but not limited to,
foreign and local terrorists, to be mutually identified by the Parties.

Page 3, MECHANICS OF OPERATION

6. The AHJAG shall inform the GPH and the MILF CCCH at least 24 hours prior to
the conduct of AFP/PNP operations in order to allow sufficient time for
evacuation of civilians and to avoid armed confrontation between the GPH and
MILF forces.

For high value targets, a list of which shall be provided by the GPH
implementing Panel to the MILF implementing Panel, prior coordination of 24
hours or less shall be done.

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: SIGNED IN THE PRESENCE OF
DATO' KAMARUDIN BIN USTAFA
Malaysian Facilitator and/or Adviser
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://peace.gov.ph/wp-content/uploads/2017/12/2017-12-14-Revised-Implementing-Guidelines-of-Joint-Communique-May-6-2002.pdf

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL

REVISED IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2OO2

I. TERMS OF REFERENCE

A. Agreement for General Cessation of Hostilities dated 18 July 1997, including its Implementing Administrative Guidelines dated 12 September 1997 and lmplementing Operational Guidelines dated 14 November 1997.

B. Agreement on Peace between the GPH and the MILF signed 22 June 2001 in Tripoli, Libya.

C. lmplementing Guidelines on the Security Aspect of the GPH-MILF Tripoli Agreement on Peace of 2001 signed 07 August 2001 in Putrajaya, Malaysia.

D. Joint Communique between the GPH and the MILF signed 06 May 2002 in Cyberjaya, Malaysia.

E. Republic Act No.

9165 or the "Comprehensive Dangerous Drugs Act of 2002."

F. Resolution of the Central Committee of the MILF Adopted during its Special Session at Camp Darapanan, Sultan Kudarat, Maguindanao, Bangsamoro on 21 October 2015.

II. OBJECTIVE/PURPOSE

This set of guidelines is adopted to implement the provision of the Joint Communique dated 06 May 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front related of to the isolation and interdiction of all criminal syndicates, drug syndicates, kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operating in Mindanao/

III. SCOPE

These lmplementing Guidelines apply only to operations against criminal syndicates, drug syndicates, kidnap-for-ransom groups, lost commands and other criminal elements within MILF areas/ communities.

IV. DEFINITION OF TERMS

A. Lost Commands - groups which are not under the command and control of the BIAF and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG)

B. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage in criminal activities as verified by AHJAG.

C. Criminal Elements - within the purview of AHJAG, refers to a leader/elements of a criminal syndicate or kidnap for ransom group as distinguished from common criminals.

D. lsolation - refers to the act of dissociating / segregating criminal elements from the general public as a mode to monitor and counter the criminal activities.

E. lnterdiction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turning them over to the AHJAG

F. Joint Coordinating Center - refers to the body composed of the GPH and MILF CCCH and AHJAG, International Monitoring Team, Local Monitoring Teams (MLTs), and Joint Ceasefire Monitoring Posts (JCMPs) that coordinate and monitor the law enforcement operations (LEOs) of the government in MILF identified areas.

G.Wanted List - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG.

H. GPH MILF and Areas/Communities - refer to places in Mindanao identified by the GPH and MILF Peace Panels where the MILF elements are situated.

l. High Value Target - refers to individuals which includes, but not limited to, foreign and local terrorists, to be mutually identified by the Parties.

V. ORGANIZATION/COMPOSITION OF THE AHJAG

A. The AHJAG Core Group shall be composed of eight (8) members, four (4) from the GPH and four (4) from the MILF agreed upon and named by the Panels.

B. The AHJAG shall have under it Teams that will cover corresponding areas in

Mindanao, as follows :

AHJAG Team 1 :

Provinces of Maguindanao, North Cotabato, Bukidnon,

and all cities located therein ;

AHJAG Team 2 :

Provinces of Lanao del Sur, Lanao del Norte and all cities located therein ;

AHJAG Team 3:

Provinces of Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay, Basilan, and all cities located therein;

AHJAG Team 4.

Provinces of Sultan Kudarat, South Cotabato Saranggani and all cities located therein;

and

AHJAG Team 5:

Provinces of Davao del Norte, Davao Del Sur, Davao Oriental, Davao Occidental, Compostela Valley and all cities located therein.

C. An AHJAG Team as organized shall be composed of at least six (6) members, three (3) from the GPH composed of AFP, PNP and PDEA representatives and three (3) from the MILF (3) composed of MILF members and representatives from MILF Task Force against Shabu and Criminality (MILF-TFASC), to be augmented by support staff from both sides.

PDEA’s and MILF-TFASC’s role will be limited only to implementation of RA 9165 (Comprehensive Dangerous Drug Act of 2002) and MILF Central Committee Resolution dated 21 October 2015, subject to Part VI of these Guidelines.

D. The AHJAG teams shall be composed of field level members and operators who can immerse on the ground for the performance of their mission, and shall readily be available at short notice.

VI. MECHANICS OF IMPLEMENTATION

1. The AFP/PNP shall convey to the MILF through the AHJAG the Wanted List as defined in Paragraph IV, E containing the names and identities of the criminal elements as provided in the Paragraph 3 of the Joint Communique of 6 May 2002.

2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the Wanted List.

3. The MILF further shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.

4. The AHJAG shall coordinate with AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Joint Coordinating Center (JCC) composed of the GPH, MILF and the IMT shall convene prior to law enforcement operations (LEOs).

6. The AHJAG shall inform the GPH and the MILF CCCH at least 24 hours prior to the conduct of AFP/PNP operations in order to allow sufficient time for evacuation of civilians and to avoid armed confrontation between the GPH and MILF forces.

For high value targets, a list of which shall be provided by the GPH lmplementing Panel to the MILF lmplementing Panel, prior coordination of 24 hours or less shall be done.

7. ln hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG.

Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with AHJAG.

Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

8. An after-operation report shall be immediately submitted by the AHJAG to the GPH and MILF lmplementing Panels, copy furnished both CCCHS.

9. The MILF shall block the entry of suspected criminal elements into MILF areas/communities based on the Wanted List and other information jointly verified by the AHJAG.

Arrested/ apprehended personalities shall be turned- over to the AHJAG.

VII. GENERAL GUIDELINES FOR THE IMPLEMENT]NG UNIT

1. In the process of implementing its functions, the implementing units of the GPH- MILF, shall ensure the safety of the life of the civilians and the protection of their properties.

2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH

3. Unresolved matters within the AHJAG shall be elevated to the GPH-MILF Implementing Panels for disposition.

VIII.

EFFECTIVITY

The mandate of the AHJAG shall be for a period of twelve (12) months, renewable on a yearly basis upon agreement of the Parties.

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

FOR THE GPH

USEC.

NABIL A. TAN Chair, GPH Peace Implementing Panel

FOR THE MILF

MOHAGHER IQBAL Chair, MILF Peace Implementing Panel

SIGNED IN THE PRESENCE OF

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