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
- -
- Agreement document
- PH_070827_ToR for 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 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 logisticsPage 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 callsPage 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 developmentPage 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 provisionPage 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