Implementing Adminstrative Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Implementing Adminstrative Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities
Date: 12 Sep 1997
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: MGen. Joselin B. Nazareno, AFP, GRP Sub-Committee on Cessation of Hostilities Chairman
Atty. Omar B. Umpar, MILF Legal Counsel and MILF Sub-Committee on Cessation of Hostilities Acting Chairman
Third parties: Amb. Fortunato U. Abat, GRP Peace Panel Chairman [Witness]
Ghazali Jaafar, MILF Peace Panel Chairman [Witness]
Description: Provided for creation by the GRP and MILF of Coordinating Committees on Cessation of Hostilities (CCCH) to implement the administrative guidelines; of a joint Independent Fact-finding Committee (IFFC) to make inquiries on matters referred to it for appropriate action and of a GRP-MILF Coordination Committees Secretariat by the Coordinating Committees. Outlined composition and functions of the CCCH, the IFFC and the Coordination Committees Secretariat as well as administrative and support arrangements and conduct of public information concerning cessation of hostilities. Also listed areas of coverage of the cessation of hostilities.

Agreement document: PH_970912_Implementing Administrative Guidelines of GRP-MILF Agreement.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: Page 3, Rule IV: Composition and Functions of the Independent Fact-finding Committee (IFFC)
Section 2 - Notre Dame University Peace Center and Maguindanaon Professional and Employees Association (MAPEA) representatives shall act as Chairman and Vice Chairman, respectively, of the IFFC.
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: Rights related issues→Media and communication→Media roles
Rule VIII: Conduct of Public Information Concerning Cessation of Hostilities
Section 1 - The GRP and MILF shall undertake its dissemination to their respective forces of the cessation of hostilities to ensure that all units, elements and individuals, as well as the general public, are fully informed of the effectivity of the cessation of the hostilities and conditions thereof to be observed by both sides.

Section 2 - Dissemination shall utilize all means of communications, such as print media (leaflets, posters, newspapers/magazines, brochures, flyers), radio, television, and face to face communication.

Section 3 - Media relations shall be covered by rules to be prescribed separately by the GRP and MILF 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: Security sector→Ceasefire→Ceasefire provision
Page 1, Rule I: Terms of References
The GRP-MILF Agreement on the General Cessation of Hostilities (AGCH) signed on July 18, 1997 sets the terms of reference of these Implementing Guidelines and Ground Rules and the structure to implement these rules.

Page 1, Rule II: Coordinating Committees and other Bodies
Section 1 - The GRP and MILF shall each create a monitoring body to be known as the “Coordinating Committees on Cessation of Hostilities” (CCCH) to implement this Administrative Guidelines.

Page 1, Rule III: Composition, Meetings, Powers and Functions of the Coordinating Committees on Cessation of Hostilities
Section 1 - The Coordinating Committees on Cessation of Hostilities shall be initially composed of six (6) members each from the GRP and MILF, namely: GRP MILF
a. M/Gen. Joselin B. Nazareno a. Sultan Saipoden Tomawis
b. C/Supt. Franco M. Calida, PNP b. Badawi Hashim
c. Capt. Rolando T. Garcia, PN c. Dan Dimakenal
d. Col. José G. Corales, PA d. Jerry Abubakar
e. Lt. Col. Rudy R. So, PA e. Abu Mujahid Pahlawan
f. Col. Manuel B. Ibanez, Jr., JAGS f. MILF Legal Counsel

Page 2, Rule III: Composition, Meetings, Powers and Functions of the Coordinating Committees on Cessation of Hostilities
Section 2 - The GRP and the MILF may change their respective memberships in the CCCH upon the recommendation of their respective Chairman and endorsed by the CCCH to the GRPMILF Peace Panels for approval and issuance of appropriate designation by their respective Panel Chairman.

Section 3 - The GRP and the MILF Coordinating Committees shall hold a regular coordinating meeting once a month to discuss matters relative to the implementation of these Administrative Guidelines. A special coordinating meeting may be called as the need arises.

Section 4 - The Coordinating Committees on Cessation of Hostilities shall have the
following powers and functions:
a. Supervise and monitor the implementation of the Guidelines and Ground Rules of the GRP-MILF Agreement on General Cessation of Hostilities.
b. Conduct inquiry, prepare report and recommend appropriate action on matters pertaining to alleged violations/infractions of the provisions of these implementing guidelines and ground rules of the GRP-MILF AGCH. [...]
c. Conduct visits and inspections in areas where the cessation of hostilities is in effect.
d. Establish and organize field offices in areas where the need for them arises.
e. Recommend changes in these Implementing Guidelines and Ground Rules as the Committee deems necessary for the approval of the GRP and MILF Panels.
f. Render regular reports to the GRP and the MILF Peace Panels. Special reports may be rendered as necessary.

Page 3, Rule IV: Composition and Functions of the Independent Fact-finding Committee (IFFC)
Section 1 - The Independent Fact-finding Committee (IFFC) shall be composed of members from the Interim Cease-fire Monitoring Committee (ICMC) which shall be deemed terminated upon the creation and convening of the IFFC.

Section 3 - Additional membership to the IFFC may be made upon joint approval by the GRP and MILF Panels through their respective CCCH.

Section 4 - The IFFC shall function under the following terms: [...]
d. Conduct inquiries and submit reports on the results of the inquiry supported by appropriate evidence to the CCCH with utmost dispatch.
g. Perform such other acts as may be jointly determined to be
necessary by the CCCH for the accomplishment of its assigned tasks.

Page 4, Rule V: Areas of Coverage of the Cessation of Hostilities
The cessation of hostilities shall be in effect in the provinces, cities, and other places in Mindanao, Sulu, and Palawan. To ensure proper coordination, the location of MILF camps/positions shall be verified and determined jointly and agreed upon by the both Coordinating Committees on Cessation of Hostilities.

Page 4, Rule VI: Composition and Functions of the GRP-MILF Coordinating Committees Secretariat
Section 1 - The GRP-MILF Coordinating Committees Secretariat shall be composed of three (3) members from each CCCH. The initial members shall be as follows: GRP MILF
a. S/Supt. Esmael S. Daulog, PNP a. Abdul Nasser Tanggol
b. Lt. Col. Rudy R. So, PA b. Taher Salendab
c. Capt. Jaime D. Calunsag, PA c. Jannati Mimbantas

Page 5, Rule VII: Administrative and Support Arrangements
Section 1 - The principal office of the Coordinating Committees on Cessation of Hostilities shall be in Cotabato City or as may be determined by the GRP and MILF Panels.

Rule VIII: Conduct of Public Information Concerning Cessation of Hostilities
Section 1 - The GRP and MILF shall undertake its dissemination to their respective forces of the cessation of hostilities to ensure that all units, elements and individuals, as well as the general public, are fully informed of the effectivity of the cessation of the hostilities and conditions thereof to be observed by both sides.

Section 2 - Dissemination shall utilize all means of communications, such as print media (leaflets, posters, newspapers/magazines, brochures, flyers), radio, television, and face to face communication.

Section 3 - Media relations shall be covered by rules to be prescribed separately by the GRP and MILF Panels.
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 4, Rule V: Areas of Coverage of the Cessation of Hostilities
The cessation of hostilities shall be in effect in the provinces, cities, and other places in Mindanao, Sulu, and Palawan. To ensure proper coordination, the location of MILF camps/positions shall be verified and determined jointly and agreed upon by the both Coordinating Committees on Cessation of Hostilities.
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: As Agreement in its entirety provides for the establishment of the Coordinating Committees on Cessation of Hostilities, see Ceasefire for mechanism.
Related cases: No specific mention.
Source: UN Peacemaker https://peacemaker.un.org/philippines-implementingadminguidelines97

In the Name of God, The Most Compassionate, The Most Beneficent

Implementing Administrative Guidelines of the GRP-MILF Agreement on the General Cessation of Hostilities

Rule I:

Terms of Reference

The GRP-MILF Agreement on the General Cessation of Hostilities (AGCH) signed on July 18, 1997 sets the terms of reference of these Implementing Guidelines and Ground Rules and the structure to implement these rules.

Rule II:

Coordinating Committees and other Bodies

Section 1

The GRP and MILF shall each create a monitoring body to be known as the “Coordinating Committees on Cessation of Hostilities” (CCCH) to implement this Administrative Guidelines.

Section 2

An independent fact-finding body shall be jointly created by the GRP and the MILF to make inquiries on matters referred to it for

appropriate action.

Section 3

A coordinating body shall be jointly created by the Coordinating Committees to be known as the “GRP-MILF Coordinating Committees

Secretariat”.

Rule III:

Composition, Meetings, Powers and Functions of the Coordinating Committees on Cessation of Hostilities

Section 1

The Coordinating Committees on Cessation of Hostilities shall be initially composed of six (6) members each from the GRP and MILF, namely:

GRP MILF

a. M/Gen. Joselin B. Nazareno a. Sultan Saipoden Tomawis

b. C/Supt.

Franco M. Calida, PNP b. Badawi Hashim

c. Capt.

Rolando T. Garcia, PN c. Dan Dimakenal

d. Col.

José G. Corales, PA d. Jerry Abubakar

e. Lt.

Col.

Rudy R. So, PA e. Abu Mujahid Pahlawan

f. Col.

Manuel B. Ibanez, Jr., JAGS f. MILF Legal Counsel

Section 2

The GRP and the MILF may change their respective memberships in the CCCH upon the recommendation of their respective Chairman and endorsed by the CCCH to the GRPMILF Peace Panels for approval and issuance of appropriate designation by their respective Panel Chairman.

Section 3

The GRP and the MILF Coordinating Committees shall hold a regular coordinating meeting once a month to discuss matters relative to the implementation of these Administrative Guidelines.

A special coordinating meeting may be called as the need arises.

Section 4

The Coordinating Committees on Cessation of Hostilities shall have the following powers and functions:

a. Supervise and monitor the implementation of the Guidelines and Ground Rules of the GRP-MILF Agreement on General Cessation of Hostilities.

b. Conduct inquiry, prepare report and recommend appropriate action on matters pertaining to alleged violations/infractions of the provisions of these implementing guidelines and ground rules of the GRP-MILF AGCH.

Matters that will not be resolved by the CCCH may be referred

to the IFFC.

c. Conduct visits and inspections in areas where the cessation of hostilities is in effect.

d. Establish and organize field offices in areas where the need for them arises.

e. Recommend changes in these Implementing Guidelines and Ground Rules as the Committee deems necessary for the approval of the GRP and MILF Panels.

f. Render regular reports to the GRP and the MILF Peace Panels.

Special reports may be rendered as necessary.

Rule IV:

Composition and Functions of the Independent Fact-finding Committee (IFFC)

Section 1

The Independent Fact-finding Committee (IFFC) shall be composed of members from the Interim Cease-fire Monitoring Committee (ICMC) which shall be deemed terminated upon the creation and convening of the IFFC.

Section 2

Notre Dame University Peace Center and Maguindanaon Professional and Employees Association (MAPEA) representatives shall act as

Chairman and Vice Chairman, respectively, of the IFFC.

Section 3

Additional membership to the IFFC may be made upon joint approval by the GRP and MILF Panels through their respective CCCH.

Section 4

The IFFC shall function under the following terms:

a. Conduct fact-funding inquiries on matters referred to it by either Coordinating Committee, copy furnished the other Committee, on alleged violations/infractions of the provisions of these Implementing Guidelines and Ground Rules of the GRP-MILF AGCH.

b. Issue appropriate letters of invitation to persons whose declarations/statements may shed light on matters under consideration by the IFFC.

c. Coordinate with other offices and/or organizations as may be necessary in the exercise of its functions/tasks.

d. Conduct inquiries and submit reports on the results of the inquiry supported by appropriate evidence to the CCCH with utmost dispatch.

All reports and proceedings shall be considered classified.

Only final reports and proceedings may be divulged to the public by either or both GRP and MILF Panels.

e. Adopt such internal procedure as may be appropriate to enable it to expeditiously perform its tasks and submit the same to the CCCH for

its notation and approval.

f. Employ the expertise of certain impartial persons or organizations in the performance of its assigned tasks.

g. Perform such other acts as may be jointly determined to be necessary by the CCCH for the accomplishment of its assigned tasks.

Rule V:

Areas of Coverage of the Cessation of Hostilities

The cessation of hostilities shall be in effect in the provinces, cities, and other places in Mindanao, Sulu, and Palawan.

To ensure proper

coordination, the location of MILF camps/positions shall be verified and determined jointly and agreed upon by the both Coordinating Committees on Cessation of Hostilities.

Rule VI:

Composition and Functions of the GRP-MILF Coordinating Committees Secretariat

Section 1

The GRP-MILF Coordinating Committees Secretariat shall be composed of three (3) members from each CCCH.

The initial members shall be as follows:

GRP MILF

a. S/Supt.

Esmael S. Daulog, PNP a. Abdul Nasser Tanggol

b. Lt.

Col.

Rudy R. So, PA b. Taher Salendab

c. Capt.

Jaime D. Calunsag, PA c. Jannati Mimbantas

Section 2

The GRP and MILF may change their respective memberships in the Coordinating Committees Secretariat as may be necessary.

Section 3

The GRP-MILF Coordinating Committees Secretariat shall have the following functions:

a. Serve as the record custodian of the CCCH.

b. Keep an inventory of all office equipment and other properties of the CCH.

c. Provide for the logistical and administrative requirements of the Coordinating Committees for official purposes.

d. Perform such other functions as may be directed by the GRP and the MILF.

Section 4

The principal office of the GRP-MILF Coordinating Committees Secretariat shall be located in Cotabato City or as may be determined by the GRP and MILF CCCH.

Rule VII:

Administrative and Support Arrangements

Section 1

The principal office of the Coordinating Committees on Cessation of Hostilities shall be in Cotabato City or as may be determined by the

GRP and MILF Panels.

Section 2

The GRP and the MILF CCCH shall for its respective office space, equipment and other offices.

Other administrative and support

requirements shall be provided by the GRP.

Rule VIII:

Conduct of Public Information Concerning Cessation of Hostilities

Section 1

The GRP and MILF shall undertake its dissemination to their respective forces of the cessation of hostilities to ensure that all units, elements and individuals, as well as the general public, are fully informed of the effectivity of the cessation of the hostilities and conditions thereof to

be observed by both sides.

Section 2

Dissemination shall utilize all means of communications, such as print media (leaflets, posters, newspapers/magazines, brochures, flyers),

radio, television, and face to face communication.

Section 3

Media relations shall be covered by rules to be prescribed separately by the GRP and MILF Panels.

Signed in the City of Cotabato this 12th day of September, Nineteen Hundred and Ninety Seven.

For the GRP

M/Gen. Joselin B. Nazareno, AFP

Chairman, GRP Sub-Committee on Cessation of Hostilities

For the MILF

Atty.

Omar B. Umpar

MILF Legal Counsel and Acting Chairman, MILF Sub-Committee on Cessation of Hostilities

Attested by:

For the GRP

Amb. Fortunato U. Abat

Chairman, GRP Peace Panel

For the MILF

Ghazali Jaafar

Chairman, MILF Peace Panel