Terms of Reference of the International Monitoring Team - 1st Amendment

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
Terms of Reference of the International Monitoring Team - 1st Amendment
Date
27 Aug 2007
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Philippines - Mindanao process
Parties
Sec. Rodolfo C. Garcia, GRP Peace Panel;
Mohagher M. Iqbal, MILF Peace Panel;
Datuk Othman Bin Abd. Razak, Representative of the Government of Malaysia
Third parties
Agreement by the Parties that provides for the terms of reference for the Malaysian-facilitated International Monitoring Team (IMT), including provisions on objective, composition, status, area of coverage, roles and responsibilities, reporting, administrative and support arrangements, duration, and potential termination and/or suspension of the IMT. The IMT will specifically monitor the ceasefire, humanitarian and human rights, as well as rehabilitation, development and socio-economic assistance programs.
Description
-


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 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. The IMT shall have a Head of Mission, a Deputy Head of Mission and three (3) Coordinators on: (a) Security (b) Humanitarian, Rehabilitation and Development, and (c) Socio-Economic Assistance.

Page 4, 5. Role and Responsibility
5.2 Humanitarian, Rehabilitation and Development Aspects
[...] (iii) Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

Page 4, 5. Roles and Responsibility
5.3 Socio-Economic Assistance
(v) Together with the BDA, coordinate development activities with appropriate organizations and institutions, and duly established GRP-MILF local mechanisms.
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, 1. 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.

Page 4, 5. Role and Responsibility
5.2 Humanitarian, Rehabilitation and Development Aspects
(i) Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the GRP and MILF.
(ii) Monitor the observance of international humanitarian laws and respect for human rights.
Bill of rights/similar

No specific mention.

Treaty incorporation
Page 4, 5. Role and Responsibility
5.2 Humanitarian, Rehabilitation and Development Aspects
[...] (ii) Monitor the observance of international humanitarian laws and respect for human rights.
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 6, 7. 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 6, 7. Administrative and Support Arrangements
Sustenance - The GRP shall provide:-
(i) Appropriate air, water and land transportation with driver/pilot and security for members of the IMT;

Page 8, 7. Administrative and Support Arrangements
Health - In 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 of such evacuation.

Page 8, 7. Administrative and Support Arrangements
Freedom of Movement - Members of the IMT can move freely throughout the area of coverage in the host country in the performance of their functions.
Protection measures

No specific mention.

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 1, 2. Composition - the IMT shall be headed by the facilitating country. Other countries and international organizations as maybe agreed by both the MILF and GRP shall be invited to participate in the IMT. The IMT shall have a Head of Mission, a Deputy Head of Mission and four (4) coordinators on: [...] b. Humanitarian, Rehabilitation and Development

Page 4, 5. Role and Responsibility
5.2 Humanitarian, Rehabilitation and Development Aspects
[...] (ii) Monitor the observance of international humanitarian laws and respect for human rights.
(iii) Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

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 1, 1. 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.

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. The IMT shall have a Head of Mission, a Deputy Head of Mission and three (3) Coordinators on: (a) Security (b) Humanitarian, Rehabilitation and Development, and (c) Socio-Economic Assistance.

Page 4, 5. Role and Responsibility
5.2 Humanitarian, Rehabilitation and Development Aspects
(i) Observe and monitor the implementation of the humanitarian, rehabilitation and development aspects of the agreements signed between the GRP and MILF.
(ii) Monitor the observance of international humanitarian laws and respect for human rights.
(iii) Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

Page 4, 5. Role and Responsibility
5.3 Socio-Economic Assistance
(i) Assist the Parties in determining the development needs of conflict-affected communities;
(ii) assist in the formulation of a comprehensive development plan for conflict-affected areas and assist in the early implementation of such plan, in close coordination with the Bangsamoro Development Agency;
(iii) Facilitate the effective delivery of development programs in support of the ongoing GRP-MILF peace process;
(iv) Draw up appropriate support arrangements and/or mechanisms to facilitate the successful and effective delivery of development programs in support of the GRP-MILF peace process; and
(v) Together with the BDA, coordinate development activities with appropriate organizations and institutions, and duly established GRP-MILF local mechanisms.

Page 5, 6. Reporting
a. The IMT shall render monthly reports to the Peace Panels and the Malaysian Secretariat on activities and developments relating to the ceasefire, humanitarian, rehabilitation and development, and socio-economic assistance aspects;
b. To ensure effectiveness in reporting, the IMT shall formulate a monitoring manual containing, among others, the baseline indicators and monitoring/reporting format in monitoring the humanitarian, rehabilitation, and development aspects, in coordination with the technical working group of the BDA and GRP. [...]

Page 9, 8. 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 9, 9. Termination and/or Suspension
The IMT may 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) the GRP and MILF fails to fulfill their commitments and responsibilities to the peace process as stipulated in the Terms of Reference; or
(iii) the GRP or MILF deliberately ignore to take action on any of its recommendations on violations of signed agreements.
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 5, 7. 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 and in the performance of their duties.

Covert 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 rescue any members of the IMT in cases where they are held hostage or kidnapped.

Page 6, 7. Administrative and Support Arrangements
Security - The GRP and MILF shall accept the Malaysian Armed Forces' participation in any rescue mission that involves 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. 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.

Page 3, 5. Role and Responsibility
5.1. Security Aspect
(i) Observe and monitor the implementation of cessation of hostilities signed between the GRP and MILF.
(ii) Conduct field verification to validate any reported violations of any of the cessation of hostilities agreements signed by GRP and MILF.
(iii) Coordinate closely with the Joint GRP-MILF CCCH and the LMTs in the conduct of field verification and validation of reported violations to any of the cessation of hostilities agreement signed by the Panels.

Page 5, 6. Reporting
a. The IMT shall render monthly reports to the Peace Panels and the Malaysian Secretariat on activities and developments relating to the ceasefire, humanitarian, rehabilitation and development, and socio-economic assistance aspects;
c. Violations of the ceasefire agreements and other matters requiring urgent attention by the Panels should be reported immediately.

Page 7, 7. Administrative and Support Arrangements
Coordination and Liaison - [...] The IMT shall hold regular consultations/meetings with the Joint GRP-MILF CCCH in order to resolve any problems in the performance of its functions. The IMT may undertake advocacy and information activities in support of the ceasefire and other programs, in close coordination with the Peace Panels and the ceasefire committees.

Page 9, 8. 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 9, 9. Termination and/or Suspension
The IMT may 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) the GRP and MILF fails to fulfill their commitments and responsibilities to the peace process as stipulated in the Terms of Reference; or
(iii) the GRP or MILF deliberately ignore to take action on any of its recommendations on violations of signed agreements.
Police
Page 6, 7. Administrative and Support Arrangements
Arms - Uniformed members of the IMT may possess and carry firearms provided those firearms are registered with the Philippine National Police (PNP). The use of firearms will be strictly for self-defense.
Armed forces
Page 6, 7. Administrative and Support Arrangements
Security - The GRP and MILF shall accept the Malaysian Armed Forces' participation in any rescue mission that involves the members of the IMT.
DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 5, 7. Administrative and Support Arrangements
Security - [...] The GRP and MILF must use all means to rescue any members of the IMT in cases where they are held hostage or kidnapped.

Page 6, 7. Administrative and Support Arrangements
Security - [...] The GRP and MILF shall accept the Malaysian Armed Forces participation in any rescue that involves 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.
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

No specific mention.

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. 177-185.

TERMS OF REFERENCE OF THE INTERNATIONAL MONITORING TEAM (IMT)

1) 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 Deputy Head of Mission and three (3) Coordinators on:-

Security

Humanitarian, Rehabilitation and Development, and

Socio-Economic Assistance.

The IMT Mission shall have a staff and mobile teams in its area of Coverage.

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

3) Status

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

In the case of IMT representatives who serve concurrently as Embassy officials, they shall enjoy the level of diplomatic immunities and privileges accorded to them by virtue of their rank in their respective Embassies.

4) Area of Coverage

The IMT area of coverage shall be the provinces of Zamboanga del Norte, Zamboanga-Sibugay, Zamboanga del Sur, Maguindanao, Shariff Kabunsuan, North Cotabato, South Cotabato.

Bukidnon, Lanao del Norte, Lanao del Sur, Sultan Kudarat, Sarangani, Davao del Norte, Compostela Valley, Davao del Sur, Davao Oriental, Basilan, Sulu, Tawi-Tawi and Palawan.

The area of coverage shall be divided into 5 sectors.

Each sector shaft monitored by one mobile team.

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

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

A. Sector A - IMT Mobile Tearn No 1

i. Location - Cotabato City

ii. Coverage - Provinces of Maguindanao, North Cotabato, Bukidnon, Shariff Kabunsuan, and all cities located therein

B. Sector B - IMT Mobile Team No.

2

i. Location - Iligan City

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

C. Sector C - IMT Mobile Team No.

3

I. Location - Zamboanga City Coverage - Provinces of Zamboanga del Norte, Zamboanga del Sur, Zamboanga-Sibugay, Basilan, Sulu, Tawi-Tawi, Palawan, and all cities located therein.

D. Sector D - IMT Mobile Team No.

4

i. Location - General Santos City

ii. Coverage - Provinces of Sultan Kudarat, South Cotabato, Sarangani, Davao del Sur, and all cities located therein.

E. Sector E - IMT Mobile Team No.

5

i. Location - Davao City

ii. Coverage - Provinces of Davao del Norte, Davao Oriental, Compostela Valley, and all cities located therein.

5) Role and Responsibility

5.1 SECURITY ASPECT

(i) Observe and monitor the implementation of cessation of hostilities signed between the GRP and MILF.

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

(iii) Coordinate closely with the Joint GRP-MILF CCCH and the LMTs in the conduct of field verification and validation of reported violations to any of the cessation of hostilities agreements signed by the Panels.

5.2 HUMANITARIAN, REHABILITATION AND DEVELOPMENT ASPECTs

(i) Observe and monitor the implementation the humanitarian rehabilitation and development aspects of the agreements signed between the GRP and MLF.

(ii) Monitor the observance of international humanitarian laws and respect for human rights.

(iii) Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

5.3 SOCIO-ECONOMIC ASSISTANCE

(i) Assist the Parties in determining the development needs of Conflict-affected communities;

(ii) Assist in the formulation of a comprehensive development plan for conflict-affected areas and assist in the early implementation of such plan, in close coordination with the Bangsamoro Development Agency (BDA),

(iii) Facilitate the effective delivery of development programs in support of the ongoing GRP-MILF peace process;

(iv) Draw up appropriate support arrangements and/or mechanisms to facilitate the successful and effective delivery of development programs in support of the GRP-MILF peace process, and

(v) Together with the BDA, coordinate development activities with appropriate organizations and institutions, and duly established GRP-MILF local mechanisms.

6) Reporting

a. The IMT shall render monthly reports to the Peace Panels and the Malaysian Secretariat on activities and developments relating to the Ceasefire, humanitarian, rehabilitation and development, and socio economic assistance aspects;

b. To ensure effectiveness in reporting the IMT shall formulate a monitoring manual containing, among others, the baseline indicators and monitoring/reporting format in monitoring the humanitarian, rehabilitation and development aspects, in coordination with the technical working group of the BDA and GRP,

c. Violations of the ceasefire agreements and other matters requiring urgent attention by the Panels should be reported immediately,

7) 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 and in the performance of their duties

Covert 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 rescue any members of the IMT in Cases where they are held hostage or kidnapped.

The GRP and MILF shall accept the Malaysian Armed Forces' participation any rescue mission that involves 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

Uniformed members of the IMT may possess and carry firearms provided those firearms are registered with the Philippine National Police (PNP).

The 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 entire duration of their assignment.

Meals shall be served at the quarters;

(ii) Appropriate air, water and land transportation with driver/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 versa 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.

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

Coordination and Liaison

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

The IMT shall hold regular consultations/meetings with the Joint GRP-MILF CCCH in order to resolve any problem in the performance of its functions.

The IMT may undertake advocacy and information activities in Support of the ceasefire and other programs, in close coordination with the Peace Panels and the ceasefire committees.

Health

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

In 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 of such evacuation.

Uniform

Military members of the IMT shall normally be in uniform with their identifying insignia.

They may wear civilian attire at such times and in such condition as may be authorized by the Head of Mission.

Civilian members of the IMT will wear proper identifying insignia when on duty

Freedom of Movement

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

Tolls and Charges Exemption

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 host country.

8) 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.

9) Termination and/or Suspension

The IMT may 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) The GRP or MILF fails to fulfil their commitments and responsibilities to the peace process as stipulated in the Terms of Reference, or

(iii) The GRP or MILF deliberately ignore to take action on any of its recommendations on violations of signed agreements.

Done at Cyberjaya, Malaysia on the 27" day of August 2007.

For the GRP Peace Panel

SEC. RODOLFO C. GARCIA

For the MILF Peace Panel

MOHAGHER M. IQBAL

For the Government of Malaysia

DATUK OTHMAN BIN ABD.

RAZAK