Agreement on Safety and Security Guarantees

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Agreement on Safety and Security Guarantees
Date: 9 Mar 2000
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: For the GRP: Lt. Gen. Edgardo E. Batenga AFP (Ret.), GRP Peace Panel Chairman;
Rep. Anthony P. Dequina, GRP Peace Panel Member;
Mgen Santos B. Gabison Jr. AFP, GRP Peace Panel Member;
Rep. Simeo A. Datamanong GRP Peace Panel Adviser;
Atty. Ruben D. Torres, GRP Peace Panel Adviser;
Exec. Dir. Alma R. Evangelista, GRP Technical Committee Chairperson; For the MILF:
Vice Chairman Ghazali Jaafar, MILF Peace Panel Acting Chairman
Mr. Mohagher Iqbal, MILF Peace Panel Member
Mr. Sammy Al-Mansoor, MILF Peace Panel Member
Ustadz Omar Pasigan, MILF Peace Panel Adviser
Amb. Alunan Glang, MILF Peace Panel Adviser
Prof. Moner Bajunaid, MILF Technical Committee Chairperson
Third parties: -
Description: GRP extend safety and security guarantees to MILF members of the peace talks. During the peace talks, these MILF members will not be restrained, searched, seized or harrassed.

Agreement document: PH_000309_Agreement on Safety and Security Guarantees.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: Page 1, 1. The Government of the Republic of Philippines (GRP) hereby extends safety and security guarantees to MILF members who are directly and principally involved in the GRP-MILF Peace Talks. These MILF members, for the duration of the peace talks, shall not be restrained, search, seized and harassed on their persons or property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property, and other similar offences. [...]
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 groups
Page 1, 1. The Government of the Republic of the Philippines (GRP) hereby extends safety and security guarantees to MILF members who are directly and principally involved in the GRP-MILF Peace Talks. These MILF members, for the duration of the peace talks, shall not be restrained, searched, seized, and harassed on their persons or property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses. [...]
2. The MILF shall submit a list of their member who shall be extended protection under this Agreement.
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: Page 1, 1. The Government of the Republic of the Philippines (GRP) hereby extends safety and security guarantees to MILF members who are directly and principally involved in the GRP-MILF Peace Talks. These MILF members, for the duration of the peace talks, shall not be restrained, searched, seized, and harassed on their persons or property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses. [...]
2. The MILF shall submit a list of their member who shall be extended protection under this Agreement.
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: Page 1, 1. The Government of the Republic of the Philippines (GRP) hereby extends safety and security guarantees to MILF members who are directly and principally involved in the GRP-MILF Peace Talks. These MILF members, for the duration of the peace talks, shall not be restrained, searched, seized, and harassed on their persons or property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses. [...]
2. The MILF shall submit a list of their member who shall be extended protection under this Agreement.
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: UN Peacemaker http://peacemaker.un.org/philippines-safetyguarantees2000

AGREEMENT ON SAFETY AND SECURITY GUARANTEES

The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), herein referred to as the Parties,

in the interest of upholding, protecting and keeping the peace process moving towards a lasting and peaceful solution to the armed conflict in

Mindanao, hereby agree on the following:

1. The Government of the Republic of the Philippines (GRP) hereby extends safety and security guarantees to MILF members who are directly and principally involved in the GRP-MILF Peace Talks.

These MILF members, for the duration of the peace talks, shall not be restrained, searched, seized, and harassed on their persons or property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses.

Appropriate identification cards shall be jointly issued by the GRP and MILF Peace Panel Chairmen to MILF members covered by this Agreement.

2. The MILF shall submit a list of their members who shall be extended protection under this Agreement.

Signed at the Estosan Garden Hotel, Cotabato City this 9th day of March 2000.