Terms of Reference of the International Monitoring Team

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference of the International Monitoring Team
Date: 8 Sep 2004
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: Sec. Silvestre C. Afable, Jr., GRP Peace Panel;
Mohagher Iqbal, MILF Peace Panel
Third parties: Datuk Othman Bin Abd Razak, Representative of the Government of Malaysia
Description: Agreement by the Peace Panels, with coordination of the Malaysian Government, to establish the Terms of Reference of the International Monitoring Team (IMT), which include the objective, composition, status, area of coverage, role and responsibility, administrative and support arrangements, duration, and the potential of termination and/or suspension of the IMT.

Agreement document: PH_040908_ToR 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: 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: Rights related issues→Media and communication→Media logistics
Page 4, 6. Administrative and Support Arrangements - Communication
the members of the IMT shall be provided adequate communication support and facilities which shall be borne by the GRP.
Mobility/access: Page 3, 6. Administrative and Support Arrangements, Security
The GRP and MILF shall promptly provide safe passage for members of the IMT in the event evacuation from the areas of coverage is necessary.

Page 5, 6. Administrative and Support Arrangements, Freedom of Movement
Members of the IMT can move freely throughout the area of coverage and the host country in the performance of their duties.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, 5. Role and Responsibility - The role and responsibility of the IMT are:
(i) To observe and monitor the implementation of cessation of hostilities, as well as the socio-economic development aspects of the agreements signed between the GRP and MILF.
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 3, 6. Administrative and Support Arrangements, Security
The GRP-MILF shall provide uniformed security men to accompany members of the IMT at all times during field verification.
Covert security may be provided as augmentation upon request. Appropriate security will also be provided for the quarters and administration movement of the IMT.
The GRP and MILF may use all means to rescue any members of the IMT in cases where they are held hostage or kidnapped.
The GRP and MILF may accept the Malaysian Armed Forces in any rescue mission which involve the members of the IMT.
The GRP and MILF shall promptly provide safe passage for members of the IMT in the event evacuation from the areas of coverage is necessary.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. Objectives - The objective of the International Monitoring Team (IMT) is to monitor the implementation of the Agreement on Peace between the GRP and the MILF of 22 June 2001 (Tripoli Agreement) and its Implementing Guidelines on the Security Aspect of 7 August 2001 and Implementing Guidelines on the Humanitarian, Rehabilitation and Development Aspects of 7 May 2002.

Page 3, 5. Role and Responsibility - The role and responsibility of the IMT are:
(i) To observe and monitor the implementation of cessation of hostilities, as well as the socio-economic development aspects of the agreements signed between the GRP and MILF.
(ii) To conduct field verification to validate any reported violations of any of the cessation of hostilities agreements signed by GRP and MILF.
(iii) To coordinate closely with the Joint GRP-MILF CCCH and the LMTs on the conduct of field verification and validation of reported violations to any of the cessation of hostilities agreement signed by the Panels.
(iv) To report to the GRP and MILF Peace Panels its findings and assessment of the reported violations.

Page 6, 7. Duration - The term of the mandate of the IMT shall be 12 months. Extension of the term of the mandate may be considered on a year-to-year basis upon the request by both GRP and MILF.

Page 6, 8. Termination and/or Suspension - The IMT might cease or suspend the performance of their functions, with due notice to the GRP and MILF Peace Panels in the event that: (i) the field situation becomes too dangerous and life threatening to its members.
(ii) either GRP and MILF fails to fulfill their commitments and responsibilities to the peace process.
(iii) there is lack of support from either GRP or MILF towards any of its reports.
Police: Page 4, 6. Administrative and Support Arrangements - Arms
Members of the IMT may posses and carry firearms provided these firearms are registered with the Philippine National Police (PNP). The use of firearms will be strictly for self-defense.
Armed forces: Page 3, 6. Administrative and Support Arrangements - [...] The GRP-MILF shall provide uniformed security men to accompany members of the IMT at all times during field verification. [...] The GRP and MILF may accept the Malaysian Armed Forces in any rescue mission which involve the members of the IMT.
DDR: No specific mention.
Intelligence services: Page 3, 6. Administrative and Support Arrangements - [...] Covert security may be provided as augmentation upon request. Appropriate security will also be provided for the quarters and administrative movements of the IMT.
Parastatal/rebel and opposition group forces: Page 3, 6. Administrative and Support Arrangements - [...] The GRP-MILF shall provide uniformed security men to accompany members of the IMT at all times during field verification.
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 Abd Razak, Representative of the Government of Malaysia
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 1. Objectives - The objective of the International Monitoring Team (IMT) is to monitor the implementation of the Agreement on Peace between the GRP and the MILF of 22 June 2001 (Tripoli Agreement) and its Implementing Guidelines on the Security Aspect of 7 August 2001 and Implementing Guidelines on the Humanitarian, Rehabilitation and Development Aspects of 7 May 2002.

Page 1, 2. Composition - The IMT shall be headed by Malaysia. Other countries and international organizations, as may be agreed by both the MILF and GRP, shall be invited to participate in the IMT. [...]

Page 3, 5. Role and Responsibility - The role and responsibility of the IMT are:
(i) To observe and monitor the implementation of cessation of hostilities, as well as the socio-economic development aspects of the agreements signed between the GRP and MILF.
(ii) To conduct field verification to validate any reported violations of any of the cessation of hostilities agreements signed by GRP and MILF.
(iii) To coordinate closely with the Joint GRP-MILF CCCH and the LMTs on the conduct of field verification and validation of reported violations to any of the cessation of hostilities agreement signed by the Panels.
(iv) To report to the GRP and MILF Peace Panels its findings and assessment of the reported violations.

Page 6, 7. Duration - The term of the mandate of the IMT shall be 12 months. Extension of the term of the mandate may be considered on a year-to-year basis upon the request by both GRP and MILF.

Page 6, 8. Termination and/or Suspension - The IMT might cease or suspend the performance of their functions, with due notice to the GRP and MILF Peace Panels in the event that: (i) the field situation becomes too dangerous and life threatening to its members.
(ii) either GRP and MILF fails to fulfill their commitments and responsibilities to the peace process.
(iii) there is lack of support from either GRP or MILF towards any of its reports.
Related cases: No specific mention.
Source: GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), pp. 136-141.

CONFIDENTIAL

TERMS OF REFERENCE OF THE INTERNATIONAL MONITORING TEAM (IMT)

Objective

The objective of the International Monitoring Team (IMT) is to monitor the implementation of the Agreement on Peace between the GRP and the MILF of 22 June 2001 (Tripoli Agreement) and its Implementing Guidelines on the Security Aspect of 7 August 2001 and implementing Guidelines on the Humanitarian Rehabilitation and development Aspects of 7 May 2002.

2) Composition

The IMT shall be headed by Malaysia.

Other countries and international Organizations, as may be agreed by both the MILF and GRP, shall be invited to participate in the IMT.

The IMT shall have a Head of Mission, a staff and mobile teams in its area of coverage.

The IMT Mission shall have its Headquarters at Cotabato City, where the head of Mission shall hold office.

3) Status

The commissioned officers of the IMT shall be accorded privileges and immunities usually accorded to resident diplomatic representatives.

4) Area of Coverage

The IMT area of Coverage shall be the provinces of Žamboanga dol Norte, Zamboanga:

Sibugay.

Zamboanga del Sur, Maguindanao, North Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Sullan Kudarat, Sarangani, Davao del Norte, Compostela Valley, Davao del Sur and Davao, Oriental.

CONFIDENTIAL

The area of coverage shall be divided into 5 sectors.

Each sector shall be monitored by one mobile team.

The mobile teams shall be located at Zamboanga City, Davao City, IIigan City, General Santos City and Cotabato City.

The area of coverage of each mobile team is as follows:

Sector A -IMT Mobile Team No 1

i. Location - Cotabato City,

ii. Coverage - Provinces of Maguindanao, North Cotabato.

Bukidnon, and all cities located theroin.

b. Sector B - IMT Mobile Team No.

i. Location - IIIigan City,

ii. Coverage - Provinces of Lanao del Sur, Lanao del Norte, and all cities

therein.

c. Sector C - IMI Mobile Team No.

i. Location - Zambaonga City;

ii Coverage - Provinces of Zamboanga del Norte, Zamboanga dol Sur, Zamboanga Sibugay, and all cities therein.

d. Sector D- IMT Mobile Team No.

i. Location - General Santos City;

ii. Coverage - Provinces of Sultan Kudarat, South Cotabato.

Sarangani and

Davao del Sur, and all cities therein,

e. Sector E- IMT Mobile Team No.

i, Location - Davao City,

ii. Coverage - Provinces of Davao del Norte, Davao Oriental and Compostela Valley Province;

and all cities therein.

CONFIDENTIAL

5. Role and Responsibility

The role and responsibility of the IMT are;

(i) To observe and monitor the implementation of cessation of hostilities, as well as the socio-economic development aspects of the agreements signed between the GRP and MILF.

(ii) To conduct field verification to validate any reported violations of any of the Cessation of hostilities agreements signed by GRP and MILF.

(iii) To coordinate closely with the Joint GRP-MILF CCCH and the LMTs on the conduct of field verification and validation of reported violations to any of the Cessation of hostilities agreement signed by the Panels.

(iv)To report to the GRP and MILF Peace Panels its findings and assessment of the reported violations

6. Administrative and support Arrangements

Security

The GRP-MILF shall provide uniformed security men to accompany members of the IMT at all times during field verification.

Convert security may be provided as augmentation upon request.

Appropriate security will also be provided for the quarters and administrative movements of the IMT.

The GRP and MILF must use all means to restate any members of the IMT in cases where they are held hostages or kidnapped.

The GRP and MILF may accept the Malaysian Armed Forces in any rescue mission which involve the members of the IMT.

The GRP and MILF shall promptly provide Safe passage for members of the IMT in the event evacuation from the areas of coverage is necessary.

Arms

Members of the IMT may possess and any firearms provided those firearms are registered with the Philippine National Police (PNP).

This use of firearms will be strictly for self-defence.

Sustenance

The GRP shall provide:

(i) Adequately furnished quarters for the members of the IMT during the whole duration of their assignment.

Meals shall be served at the quarters:

(ii) Appropriate air, water and land transportation will dive/pilot and security for Members of the IMT;

(iii) Support personnel as necessary.

Communication

The members of the IMT Shall be provided adequate communication support and facilities which shall be borne by the GRP.

Financial Obligations

The regular salaries and allowances of the members of the IMT shall be shouldered by their respective governments.

The transportation cost of the members of the IMT from their capitals to Zamboanga City/Davao City and vice versa shall be borne by their respective governments.

The transportation cost of the members of the IMT from Zamboanga City/ Davao City to their respective area of Coverage vice verse shall be borne by the GRP.

The salaries and/or allowances of support personnel from the GRP and MILF shall be borne by the GRP.

CONFIDENTIAL

Financial support for the operating expenses of the IMT shall be provided by the GRP.

Coordination and Liaisoning

Liaison officers from the GRP and the MILF shall be provided to the IMT Headquarters and mobile teams to maximize coordination and liaisoning.

The IMT shall hold regular Consultations/meetings with both the GRP and MILF in Order to resolve any problem in the performance of its functions.

Health

Members of the IMT shall be provided with medical and dental treatment in cases of emergency, sickness and accident.

If the event any member of the IMT needs to be evacuated promptly from the area of coverage to Manila due to medical emergencies, the GRP shall provide the necessary transportation for such evacuation

Uniform

Members of the IMT shall| normally be in uniform with their identifying insignia.

Members of the IMT may wear civilian dress at such times and on such condition as may be authorized by the Head of Mission

Freedom of Movement

Members of the IMT can move freely throughout the area of Coverage E3 and the host county in the performance of their functions.

Tolls and Charge Exemptions

Members of the IMT shall be exempted from payment of tolls or charges for the usage of roads, railways, waterways, ports and airfields facilities throughout the host Country.

CONFIDENTIAL

7. Duration

The term of the mandate of the IMT shall be 12 months.

Extension of the term of the mandate may be considered on a year-to-year basis upon the request by both GRP and MILF.

8. Termination and/or Suspension

The IMT might cease or suspend the performance of their functions, with due notice to the GRP and MILF Peace Panels, in the event that:

(i) The field situation becomes too dangerous and life threatening to its members

(iii) Either GRP or MILF fails to fulfil their commitments and responsibilities to the peace process

(iii) There is lack of support from either GRP or MILF towards any of its reports.

Done in duplicate at Kuala Lumpur, Malaysia on the 8th day of September 2004, in the English language.

For the MILF Peace Panel

MOHAGHER IQBAL

For the GRP Peace Panel

SEC. SILVESTRE.C. AFABLE.JR.

For the Government of Malaysia

DATUK OTHMAN BIN ABD RAZAK