Agreement on the Civilian Protection Component of the International Monitoring Team (IMT)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Agreement on the Civilian Protection Component of the International Monitoring Team (IMT)
Date: 27 Oct 2009
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Rafael E. Seguis, Panel Chairman for the Government of the Republic of the Philippines (GRP)
Mohagher Iqbal, Panel Chairman for the Moro Islamic Liberation Front (MILF)
Third parties: Datuk Othman Bin Abdul Razak, Representative of Malaysia [Facilitator]
Description: Agreement on the civilian protection components forms a part of the Terms of Reference for the International Monitoring Team, and provides a commitment from the Parties to uphold international humanitarian law and human rights law standards in regards to non-combatants.

Agreement document: PH_091027_CPC of the IMT.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 2, Article 2. Civilian Protection Component
[...] Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.
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: Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...]
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Life
Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
[...] d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects.
Human rights and equality→Civil and political rights→Equality
Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
[...] e) Ensure that all protective and relief actions shall be undertaken in a purely nondiscriminatory basis covering all affected communities.
Human rights and equality→Civil and political rights→Liberty and security of person
Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
a) Refrain from intentionally targeting or attacking non-combatants, prevent suffering of the civilian population and avoid acts that would cause collateral damage to civilians;
d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects.
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
[...] b) Refrain from targeting or intentionally attacking civilian properties or facilities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of civilian nature;

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 2, Article 2. Civilian Protection Component
[...] Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Page 2, Article 2. Civilian Protection Component
The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Page 2, Article 3. Implementing Terms of Reference
This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Monitoring calls
Page 2, Article 2. Civilian Protection Component
The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Page 2, Article 3. Implementing Terms of Reference
This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.

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, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
Ceasefire: No specific mention.
Police: Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
Armed forces: Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Article 1. Basic Undertakings
The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
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: Datuk Othman Bin Abdul Razak, Facilitator and Representative of Malaysia
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, Article 2. Civilian Protection Component
The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Page 2, Article 3. Implementing Terms of Reference
This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.
Related cases: No specific mention.
Source: UN Peacemaker http://peacemaker.un.org/philippines-agreemen-cpc2009

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL AGREEMENT ON THE CIVILIAN PROTECTION COMPONENT OF THE INTERNATIONAL MONITORING TEAM (IMT)

The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) (hereafter referred to as the "Parties") hereby agreed as follows:

Article 1 Basic Undertakings

The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict situations.

In this context, the Parties commit themselves to:

a) Refrain from intentionally targeting or attacking non-combatants, prevent suffering of the civilian population and avoid acts that would

cause collateral damage to civilians;

b) Refrain from targeting or intentionally attacking civilian properties or faci lities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of a civilian nature;

c) Take all necessary actions to facilitate the provision of relief supplies to affected communities;

d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects;

e) Ensure that all protective and relief actions shall be undertaken in a purely nondiscriminatory basis covering all affected communities.

To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described

herein.

Article 2 Civilian Protection Component

The Parties hereby agree to expand the mandate of the IMT to include civilian protection.

The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities.

Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions.

The Parties shall designate humanitarian organizations and nongovernmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Article 3 Implementing Terms of Reference

This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.

Done at Kuala Lumpur, Malaysia, this 2nd day of October 2009.