Interim Implementing Guidelines of the Joint Communiqué of May 06 2002

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
Interim Implementing Guidelines of the Joint Communiqué of May 06 2002
Date
9 Dec 2009
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Renewal
Conflict nature
Government/territory
Peace process
Philippines - Mindanao process
Parties
Rafael E. Seguis, GRP Peace Panel Chairman;
Mohagher M. Iqbal, MILF Peace Panel Chairman
Third parties
Witness and Facilitator: Datuk Othman Bin Abdul Razak, Representative of the Malaysian Government
Description
Agreement between the Parties to renew the Interim Implementing Guidelines on the Joint Communique of May 06, 2002 (12/21/2004) and provides for the objective, scope, definition of terms, organization and composition of the Ad Hoc Joint Action Group (AHJAG), mechanics of implementation, and duration of the guidelines, which remain in effect for a period of 6 months, if not extended.


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
Groups→Refugees/displaced persons→Substantive
Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.

Page 3, VI. Mechanics of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces.
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
Human rights and equality→Civil and political rights→Life
Page 4, VII General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.
Socio-economic rights
Human rights and equality→Socio-economic rights→Property
Page 4, VII General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.

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 4, VII General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.
Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees
Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

Page 2, IV Definition of Terms
F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AGJAG.

Page 3, VI Mechanic of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV E containing the names and identities of the criminal elements as provided in paragraph 3 of the Joint Communique of 6 May 2002.

Page 3, VI Mechanic of Implementation
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.

Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.

Page 3, VI. Mechanics of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
Ceasefire
Security sector→Ceasefire→General commitments
Page 1, I. Terms of Reference
A. Agreement for General Cessation of Hostilities dated July 18, 1997, including its Implementing Administrative Guidelines dated September 12, 1997 and Implementing Operational Guidelines dated November 14, 1997.

Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.

Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.

Page 4, VI. Mechanics of Implementation
8. An after-operation report shall be immediately submitted by the AHJAG to the GPH and MILF Panels, copy furnished both CCCHs.

Page 4, VII. General Guidelines for the Implementing Unit
2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH.
Police
Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

Page 2, IV Definition of Terms
F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AGJAG.

Page 3, VI Mechanic of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV E containing the names and identities of the criminal elements as provided in paragraph 3 of the Joint Communique of 6 May 2002.

Page 3, VI Mechanic of Implementation
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.

Page 3, VI. Mechanics of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 3, VI Mechanic of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

~

Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

Page 1, IV. Definition of Terms
G. MILF Areas/Communities - refer to the places in Mindanao identified by the GPH and MILF Peace Panels where the MILF elements are situated.

Page 3, VI. Mechanics of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV, E containing the names and identities of the criminal elements as provided in Paragraph 3 of the Joint Communique of 6 May 2002.
2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the ORder of Battle.
3. The MILF futher shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.

Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.

Page 3, VI Mechanic of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

Page 4, VI Mechanic of Implementation
9. The MIL shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG. Arrested/apprehended personalities shall be turned over to the AHJAG.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime
Page 1, II Objective - This set of guidelines is adopted to implement the provision of the Joint Communique dated May 6, 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front relative to the isolation and interdiction of all criminal syndicates/kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operations in Mindanao.

Page 1, III Scope - These Interim Implementing Guidelines apply only to operations against criminal syndicates/kidnap-for-ransom groups, lost commands and other criminal elements within MILF areas/communities.

Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

Page 2, IV Definition of Terms
B. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage in criminal activities as verified by AHJAG.
C. Criminal Elements - within the purview of AHJAG, refers to a leader/member of a criminal syndicate or kidnap for ransom group as distinguished from common criminals.
D. Isolation - refers to the act of dissociating/segregating criminal elements from the general public as a mode to monitor and counter their criminal activities.
E. Interdiction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turning them over to the AGHJAG.

Page 2, V Organization/Composition of the AHJAG
A. The Ad Hoc Joint Action Group shall be composed of eight (8) members, four (4) from the GRP and four (4) from the MILF agreed upon and named by the panels.
B. The AHJAG shall have under it Teams that will cover corresponding areas in Mindanao [...]

Page 3, V Organization/Composition of the AHJAG
C. An AHJAG Team as organized shall be composed of at least four (4) members, two from the GRP and TWO from the MILF to be augmented by support staff from both sides.
D. The AHJAG teams shall be composed of field level members and operators who can immerse on the ground for the performance of their missions, and shall readily be available at short notice.

Page 3, VI Mechanic of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV E containing the names and identities of the criminal elements as provided in paragraph 3 of the Joint Communique of 6 May 2002.
Page 3, VI Mechanic of Implementation
2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the ORder of Battle.
3. The MILF futher shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.

Page 3, VI Mechanic of Implementation
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.

Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.

Page 3, VI Mechanic of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

Page 4, VI Mechanic of Implementation
9. The MIL shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG. Arrested/apprehended personalities shall be turned over to the AHJAG.

Page 4, VII General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.

Page 4, VIII Effectivity - These Interim Implementing Guidelines shall take effect immediately upon signing and shall remain in effect for a period of six (6) months, subject to review and confirmation by both Panels.
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, Malaysian Government Facilitator
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. 276-279.

IN THE NAME OF GOOD, THE BENEFICENT, THE MERCIFUL

INTERIM IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2002

TERMS OF REFERENCE

A. Agreement for General Cessation of Hostilities dated July 18, 1997, including its lmplementing Administrative Guidelines dated September 12, 1997 and lmplementing Operational Guidelines dated November 14, 1997.

B. Agreement on Peace between the GRP and the MILF signed on 22 June 2001 in Tripoli, Libya

C. lmplementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001 signed on 07 August 2001 in Putrajaya,

Malaysia.

D. Joint Communique between the GRP and the MILF Signed on 06 May 2002 in Cyberaya, Malaysia.

II OBJECTIVE/PURPOSE

This set of guidelines is adopted to implement the provision of the Joint Communique dated May 6, 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front relative to the isolation and interdiction of all criminal syndicates/kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operating in Mindanao.

Ill SCOPE

These Interim Implementing Guidelines apply only to operations against criminal syndicates, kidnap-for-ransom groups, lost commands and other criminal elements within MILF areas/communities.

IV DEFINITON OF TERMS

A. Lost Commands - groups which are not under the command and control of the BIAF and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).

B. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage in criminal activities as defined by

AHJAG

C. Criminal Elements- within the purveiw of AHJAG, refers to a leader/member of a criminal syndicate or kidnap for ransom group as distinguished from common criminals

D. lsolation - refers to the act of dissociating/segregating criminal elements from the general public as a mode to monitor and counter their criminal activities

E. Interdiction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turnng them over to the AHJAG

F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG

G. MILF Areas/Communites - refer to the places in Mindanao identified by the GRP and MILF Peace Panels where the MILF elements are situated

V ORGANIZATION/COMPOSITION OF THE AHJAG

A. The Ad Hoc Joint Action Group shall be composed of eight (8) members, four (4) from the GRP and four (4) from the MILF agreed upon and named by the panels.

B. The AHJAG shall have under it teams that will cover corresponding areas in Mindanao, as follows:

• AHJAG Team 1 Provinces of Maguindanao, North Cotabato, Bukidnon and all cities located therein.

• AHJAG Team 2 Provinces of Lanao del Sur.

Lanao del Norte and all cities located therein.

• AHJAG Team 3 Provinces or Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sbugay, and and all cities located therein.

• AHJAG Team 4:

Provinces of Sultan Kudarat, South Cotabato, Sarangani and al cities located therein:

and

• AHJAG Team 5:

Provinces of Davao del Norte, Davao del Sur, Davao Oriental, Compostela Valley, and all cities located therein.

C. An AHJAG Team as organized shall be composed of at least four (4) members, two from the GRP and two from MILF, to be augmented by support staff from both sides.

D. The AHJAG teams shall be composed of field level members and operators who can immerse on the ground for the performance of their mission, and shall readily be available at short notice.

VI MECHANISMS OF IMPLEMENTATION

1. The AFP/PNP shall convey to the MILF through the AHJAG the Ordet of Battle as defined in Paragraph IV.

E containing the names and identities of criminal elements as provided in Paragraph 3 of the Joint Communique of 6 May 2002

2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the Order of Battle

3. The MILF further shall provide informatson, as available, on other suspected criminal elements in the areas/communities that come to their attention

4. The AHJAG shall coordinate with the AFP/PNP and MlLF/BIAF to effect the apprehension and arrest of the suspected criminal elements

5. To avoid unnecessary armed confrontations, the displacement of communities, and damage to properties, the Tactial Operations Center (TOC) or Tactical Command Post (TCP) of the goverment operating forces and with the MILF forces in the area shall work and coordmate closely with the AHJAG and vice versa.

6. Except for operations against high priority targets, a list of which shall be provided by the GRP panel to the MILF panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces.

7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG.

Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG.

Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

8. An after-operations report shall be immediatly submitted by the AHJAG to the GRP and MILF Panels, copy furnished both CCCHs.

9. The MILF shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG.

Arrested/apprehended personalities shall be turned-over to the AHJAG.

VII GENERAL GUIDELINES FOR THE IMPLEMENTING UNIT

1. In the process of implementing its functions, the implementing units of the GRP-MILF, shall ensure the safety of the life of the civilians and the protection of their properties.

2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH.

3. Unresolved matters within the AHJAG shall be elevated to the GRP-MILF Peace Panels for disposition.

VIII EFFECTIVITY

These Interim Implementing Guidelines shall take effect immediately upon signing and shall remain in effect for a period of six (6) months, subject to review and confirmation by both panels .

Done on the 9th day of December 2009, at Kuala Lumpur, Malaysia

For the GRP:

RAFAEL E. SEGUS, CHAIRMAN, GRP PEACE PANEL

For the MILF:

MOHAGHER M. IQBAL, CHAIRMAN, MILF PEACE PANEL

SIGNED IN THE PRESENCE:

DATUK OTHMAN BIN ABDULRAZAK, MALAYSIAN GOVERNMENT FACILITATOR