Terms of Reference of the Civilian Protection Component (CPC) of the International Monitoring Team (IMT)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference of the Civilian Protection Component (CPC) of the International Monitoring Team (IMT)
Date: 5 May 2010
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: Rafael E. Seguis, Panel Chairman for the Government of the Republic of the Philippines
Mohagher Iqbal; Panel Chairman for the Moro Islamic Liberation Front
Third parties: Datuk Othman Bin Abd Razak, Facilitator and Representative of Malaysia
Description: The Terms of Reference of the Civilian Protection Component of the International Monitoring Team provides for the organization and structure, the roles and responsibilities, location and administrative arrangements, and duration of the CPC.

Agreement document: PH_100505_TOR of the CPC of the IMT.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, Article I. References
8. United Nations Security Council Resolution 1325 and Resolution 1820 which protect women and girls from all forms of violence, particularly during and after armed conflicts.
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 1, Article 1. References
4. United Nations Guiding Principles on Internal Displacement (UNGPID);

Page 4, Article VI. Roles and Responsibilities
2. The above undertaking shall commit and endeavour the CPC to the following:
2.c To monitor the needs of the IDPs and the delivery of relief and rehabilitation support effort in conflict affected areas in Mindanao;
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, Article I. References
8. United Nations Security Council Resolution 1325 and Resolution 1820 which protect women and girls from all forms of violence, particularly during and after armed conflicts.
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, Article II. Definition of Terms
4. CPC - Civilian Protection Component; refers to the Head Coordinator, selected non-governmental organizations, members and the Executive Body which perform civilian protection function of the IMT;

Page 4, Article VI. Roles and Responsibilities
2. The above undertaking shall commit and endeavour the CPC to the following:
2.d To strengthen ownership of the peace process by supporting and empowering communities to handle conflicts at the grassroots level;

Page 2, Article V. Organization and Structure - Membership
1. The initial members of the CPC-IMT, as agreed upon by the GRP and MILF Peace Negotiating Panels are the Nonviolent Peaceforce (NP), Mindanao Peoples Caucus (MPC), Mindanao Human Rights Action Center, Inc. (MinHRAC), and Moslem Organization of Government Officials and Professionals, Inc (MOGOP). The structure of CPC is as Annex A.
2. Interested states and concerned non-governmental organizations, international and local, wishing to join the CPC may seek the approval of the GRP and MILF Peace Negotiating Panels in consultation with the Malaysian Third Party Facilitator.
3. Each member-organization shall take charge of all the financial /funding requirements for its participation with the CPC.
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 2, Article IV. Objective
The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Article I. References
3. International Humanitarian Law, including all relevant protocols and instruments
Civil and political rights: Human rights and equality→Civil and political rights→Liberty and security of person
Page 1, Article 1. References
8. United Nations Security Council Resolution 1325 and Resolution 1820 which protect women and girls from all forms of violence, particularly during and after armed conflict.

Page 2, Article IV. Objective
The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
Page 2, Article IV. Objective
The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.

Page 3, Article VI. Roles and Responsibilities
2. The above undertaking shall commit and endeavour the CPC to the following:
2.b To monitor and ensure that both Parties respect the sanctity of places of worship namely, mosques, churches and religious places and social institutions including schools, madaris, hospitals and all places of civilian nature;

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 1, Article II. Definition of Terms
4. CPC - Civilian Protection Component; refers to the Head Coordinator, selected non-governmental organizations, members and the Executive Body which perform civilian protection function of the IMT;
Other: Page 1, Article 1. References
4. United Nations Guiding Principles on Internal Displacement (UNGPID);
5. Universal Declaration of Human Rights;
6. SPHERE Humanitarian Charter and Minimum Standards in Disaster Response;
8. United Nations Security Council Resolution 1325 and Resolution 1820 which protect women and girls from all forms of violence, particularly during and after armed conflict.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Monitoring calls
Page 1, Article II. Definition of Terms
4. CPC - Civilian Protection Component; refers to the Head Coordinator, selected non-governmental organizations, members and the the Executive Body which perform civilian protection function of the IMT;

Page 2, Article IV. Objective
The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying, and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.

Page 2, Article V. Organization and Structure - Head Coordinator
1. The Head Coordinator of the CPC shall be from a member-state of the IMT designated by Head of Mission.
2. The Head Coordinator shall be responsible to the IMT Head of Mission on all matters related to the operations and activities of CPC.

Page 3, Article V. Organization and Structure - Coordinators
2. The Coordinators shall be involved actively with the operational concerns and coordination of the CPC activities, and in the management and supervision of the CPC Field Offices, local and mobile teams.

Page 3, Article V. Organization and Structure - Executive Body
1. An Executive Body shall be organized to serve as the CPC center for operation and coordination under the supervision of the Head Coordinator. It shall also serve as the focal body for coordination of the institutional programs without prejudice to the function of the CPC.
2. The Executive Body will attend to the administrative, logistical, and operational requirements of the CPC.
3. The Executive Body will be composed of the Head Coordinator and the Coordinators.

Page 3, Article VI. Roles and Responsibilites
1. The roles and responsibilities of the CPC are to monitor, verify and report the compliance and non-compliance by the Parties to their basic undertakings to protect civilian as stipulated in the GRP-MILF Agreement on the CPC of the IMT signed in Kuala Lampur, Malaysia on October 27, 2009.

Page 4, Article VI. Roles and Responsibility
5. Should the IMT cease to perate, the CPC shall remain in place and continue to perform such functions.

Page 5, Article VII. Administrative Arrangement
Reporting
1. All reports of the CPC shall be submitted to the IMT Head of Mission, who shall transmit the same to the Peace Panesl and CCHs.
3. Should the tour of duty of IMT is suspended or the IMT had ceased to operate, the reports of the CPC shall be directly submitted to the Peace Panels by the Executive Body.

Page 5, Article VIII. Duration
These Terms of Reference of the CPC of the IMT shall be for a period of two (2) years, and may be renewed for similar periods.

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 2, Article IV. Objective
The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.

Page 3-4, Article VI. Roles and Responsibilities
1. The roles and responsibilities of the CPC are to monitor, verify and report the compliance and non-compliance by the Parties to their basic undertakings to protect civilian as stipulated in the GRP-MILF Agreement on the CPC of the IMT signed in Kuala Lampur, Malaysia on October 27, 2009.
2. The above undertaking shall commit and endeavour the CPC to the following:
2.a To monitor the safety and security of civilian communities in conflict areas;
2.b. To monitor and ensure that both Parties respect the sanctitty of places of worship namely mosques, churches and religious places and social institutions including schools, madaris, hospitals and all places of civilian nature;
2.c To monitor the needs of the IDPs and the delivery of relief and rehabilitation support effort in conflict affected areas in Mindanao;
2.e. To monitor acts of violence against civilians in conflict affected areas; and
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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, Facilitator and Representative of Malaysian
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 5, Article VII. Administrative Arrangement - Reporting
1. All reports of the CPC shall be submitted to the IMT Head of Mission, who shall transmit the same to the Peace Panels and CCCHs.
Related cases: No specific mention.
Source: UN Peacemaker http://peacemaker.un.org/philippines-tor-cpp2010

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL

TERMS OF REFERENCE OF

THE CIVILIAN PROTECTION COMPONENT (CPC)

OF THE INTERNATIONAL MONITORING TEAM (IMT)

Article I

References

GRP - MILF Agreement on the Civilian Protection Component of the International Monitoring Team signed in Kuala Lumpur, Malaysia on October 27, 2009;

Terms of Reference of the International Monitoring Team signed in Kuala Lumpur, Malaysia on December 9, 2009;

International Humanitarian Law, including all relevant protocols and instruments;

United Nations Guiding Principles on Internal Displacement (UNGPID);

Universal Declaration of Human Rights;

PHERE Humanitarian Charter and Minimum Standards in Disaster Response;

Presidential Memorandum on the Primacy of the Peace Process;

and

United Nation Security Council Resolution 1325 and Resolution 1820 which protect women and girls from all forms of violence, particularly during and after armed conflicts.

Article II

Definition of Terms

IMT - International Monitoring Team;

GRP - Government of the Republic of the Philippines;

MILF - Moro Islamic Liberation Front;

Henceforth, the GRP and MILF will be referred to as the Parties'.

CPC - Civilian Protection Component;

refers to the Head Coordinator, selected non-governmental organizations, members and the Executive Body which perform civilian protection function of the IMT;

AOR - Areas of Responsibility;

refers to all areas under the monitoring of the IMT as stipulated in the Terms of Reference;

and

CCCH - Coordinating Committees on Cessation of Hostilities

Article III

Purpose

These Terms of Reference are drawn to provide the bases for the operations of the CPC of the IMT.

Article IV

Objective

The objective of the CPC is to establish a functional system and effective mechanisms for monitoring, verifying, and reporting of the compliance and non-compliance of the Parties to their commitments under international and national humanitarian laws and human rights laws to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict areas.

Article V

Organization and Structure

Membership

The initial members of the CPC - IMT, as agreed upon by the GRP and MILF Peace Negotiating Panels are the Nonviolent Peaceforce (NP), Mindanao Peoples Caucus (MPC), Mindanao Human Rights Action Center, Inc. (MinHRAC), and Moslem Organization of Government Officials and Professionals, Inc. (MOGOP).

The structure of CPC is as Annex A.

Interested states and concerned non - governmental organizations, international and local, wishing to join the CPC may seek the approval of the GRP and MILF Peace Negotiating Panels in consultation with the Malaysian Third Party Facilitator.

Each member-organization shall take charge of all the financial / funding requirements for its participation with the CPC.

Any member of CPC may withdraw its membership subject to the approval of the GRP and MILF Peace Panels.

Head Coordinator

The Head Coordinator shall be responsible to the IMT Head of Mission on all

matters related to the operations and activities of CPC.

The Head Coordinator shall hold office at the IMT Headquarters in Cotabato City.

Coordinators

Each participating CPC member shall have a Coordinator who shall also be its representative to the CPC Executive Body.

The Coordinators shall be involved actively with the operational concerns and coordination of the CPC activities, and in the management and supervision of the CPC Field Offices, local and mobile teams.

In the absence of the Head Coordinator, the Head of Mission shall designate Acting Head Coordinator with due notice to the Peace Panels.

Executive Body

An Executive Body shall be organized to serve as the CPC center for operation

and coordination under the supervision of the Head Coordinator.

It shall also serve as the focal body for coordination of the institutional programs without prejudice to the function of the CPC.

The Executive Body will attend to the administrative, logistical, and operational

requirements of CPC.

The Executive Body shall be composed of the Head Coordinator and the

Coordinators.

The office of the Executive Body may or may not be co-located at the IMT

Headquarters.

Each participating member-organization of the CPC shall have a staff assigned

with the Executive Body.

Article VI

Roles and Responsibilities

1. The roles and responsibilities of the CPC are to monitor, verify and report the compliance and non-compliance by the Parties to their basic undertakings to protect civilian as stipulated in the GRP - MILF Agreement on the CPC of the IMT signed in Kuala Lumpur, Malaysia on October 27, 2009.

2. The above undertaking shall commit and endeavour the CPC to the following:

a) To monitor the safety and security of civilian communities in conflict areas;

b) To monitor and ensure that both Parties respect the sanctity of places of worship namely mosques, churches and religious places and social institutions including schools, madaris, hospitals and all places of civilian nature;

c) To monitor the needs of the IDPs and the delivery of relief and rehabilitation support efforts in conflict affected areas in Mindanao;

f) To strengthen ownership of the peace process by supporting and empowering communities to handle conflicts at the grassroots level;

e) To monitor acts of violence against civilians in conflict affected areas;

and

f) To strengthen the linkages and information-sharing between the IMT and the Peace Panels.

3. In pursuit of the above-mentioned roles and responsibilities, the CPC shall maintain impartiality, neutrality and independence.

4. Each member organization of the CPC shall be responsible for the management of their respective organization concerning CPC affairs.

However, each member-organization shall coordinate with the Executive Body on CPC related matters.

5. Should the IMT cease to operate, the CPC shall remain in place and continue to perform such functions.

CPC Field Offices, Local and Mobile Teams

CPC Field Offices shall be established in vulnerable areas where the worst atrocities against civilians have been experienced.

Each field office shall be approved by the Peace Panels or, when so authorised, the IMT, in consultation with the GRP CCCH and MILF CCCH.

New field offices may be added depending on emerging needs of the communities.

The list of CPC Field Offices is subject to review every 2 years.

The CPC shall form local and mobile teams as its early warning and quick response networks in conflict affected areas with the concurrence of the IMT Head of Mission in close coordination with the GRP CCCH and MILF CCCH.

All CPC field offices shall bear the emblem of the IMT.

Article VII

Administrative Arrangement

Personnel

CPC personnel are required to register with the IMT, and the names of said personnel furnished by the IMT to the GRP and MILF Peace Panels and CCCHs.

Should there be changes to the CPC personnel, the Head of Mission shall officially inform the GRP and MILF Peace Panels and CCCHs.

CPC personnel shall work within the Terms of Reference of the CPC and shall abide by the Terms of Reference of the IMT.

CPC personnel shall have distinctive identification i.e. ID card, insignia and uniform/vest, as appropriate, duly approved by the IMT Head of Mission with the concurrence of the Peace Panels.

Reporting

All reports of the CPC shall be submitted to the IMT Head of Mission, who shall transmit the same to the Peace Panels and CCCHs.

Other parties directly involved with the GRP - MILF Peace Process, including the ICG, can be provided with reports of the CPC upon request duly approved by the IMT Head of Mission and concurred upon by the Peace Panels, and cleared with the Malaysian Third Party Facilitator, when necessary.

Should the tour of duty of IMT is suspended or the IMT had ceased to operate, the reports of the CPC shall be directly submitted to the Peace Panels by the Executive Body.

Article VIII

Duration

These Terms of Reference of the CPC of the IMT shall be for a period of two (2) years, and may be renewed for similar periods.

Article IX

Review and Amendment

These Terms of Reference shall be reviewed and amended for the purpose of ascertaining its applicability to the present status of the CPC and the GRP - MILF peace process, upon the recommendation by the IMT Head of Mission and duly approved by the Peace Panels.

(CPC ORGANISATIONAL CHART)

Article X

Effectivity Clause

The Terms of Reference of the CPC of the IMT shall take effect upon its signing.

Signed at Kuala Lumpur, Malaysia on 5th day of May 2010.

FOR THE GRP

RAFAEL E. SEGUIS

GRP Panel Chairman

FOR THE MILF

MOHAGHER IQBAL

MILF Panel Chairman

SIGNED IN THE PRESENCE OF:

DATUK OTHMAN BIN ABD RAZAK

Malaysian Government Facilitator