Terms of Reference for Sajahatra Bangsamoro

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference for Sajahatra Bangsamoro
Date: 11 Apr 2013
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Miriam Coronel-Ferrer, Panel Chair on behalf of the Government of the Philippines;
Mohagher Iqbal, Panel Chair on behalf of the Moro Islamic Liberation Front
Third parties: Signed in the presence of: Tengku Dato’ Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description: The Agreement provides Terms of References for the Sajahatra Bangsamoro development program, which details how the GPH and MILF Task Forces will coordinate to develop health, education, and livelihood in Bangsamoro, with the implementation of the Joint Coordination Committee to implement and supervise the Program.

Agreement document: PH_130411_TOR for Sajahatra Bangsamoro.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: Page 4, 5. Sajahatra Mode of Delivery
5.2. Implementation -- 5.2.3. Field Implementation – The MILF shall establish its PMT that will be responsible for the following: Field Implementation – The MILF shall establish its Project Management Team that will be responsible for the following: a) Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Governance of media
Page 3, 5.2 Implementation
5.2.1. The Joint Coordination Committee Functions
e) Approves and implements communication plan for Sajahatra Bangsamoro;
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1, 3. Program Description of Sajahatra Bangsamoro -- The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. Services to be delivered shall include:
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 2. Definition of Terms
2.1. MILF Task Force Sajahatra – the task force created by the MILF through a Resolution of the Central Committee (CC) of the Moro Islamic Liberation Front, dated 7 March 2013 at Camp Darapanan, tasked to deal closely with the GPH Task Force on Bangsamoro Development
2.2. GPH Task Force on Bangsamoro Development – the task force created by the Government of the Philippines through Administrative Order No. 37, series 2013.
2.3. Sajahatra Bangsamoro – a development program jointly implemented by the GPH and the MILF that aims to uplift and develop the health, education and livelihood conditions of Bangsamoro communities.

Page 1, 3. Program Description of Sajahatra Bangsamoro -- The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. Services to be delivered shall include:
(i) health insurance through PhilHealth;
(ii) upgrading of community-based health services through the Department of Health (DOH);
(iii) provision of college scholarships through the Commission on Higher Education (CHED);
(iv) provision of community-based technical-vocational training through the Technical Education and Skills Development Authority (TESDA);
(v) educational assistance to madaris and private schools through the Department of Education (DepEd);
(vi) a supplemental feeding program and
(vii) support to daycare centers through the Department of Social Welfare and Development (DSWD);
(viii) in the initial three months after every provincial launch, livelihood assistance through the Cash for Work Program, also from the DSWD.

Page 1, 3. Program Description of Sajahatra Bangsamoro -- [...] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested.

Page 2, 4. GPH’s and MILF’s Task Forces for the Sajahatra Bangsamoro
4.1. Both the GPH and MILF will have their respective Task Forces that will be the mechanism that each party will utilize in accomplishing their respective roles and mandates under Sajahatra Bangsamoro.
4.2. For the MILF, the MILF Task Force Sajahatra was created by the Central Committee under a resolution date 7 March 2013.
4.3. For the GPH, the GPH Task Force on Bangsamoro Development was created under Adminstrative Order 37 dated 13 February 2013.

5. Sajahatra Bangsamoro Mode of Delivery, 5.1. Coordination within MILF/GPH
5.1.1. All coordination from the MILF shall be down through
5.1.2. All coordination from the GPH Government Agencies shall be done through the GPH Task Force for Bangsamoro Development.

Page 5, 6. Funding
The GPH shall provide funding requirements for Sajahatra Bangsamoro. Both Task Forces may however mobilize technical expertise, and whenever applicable financial support from local and development partners on matters related to the implementation of Sajahatra Bangsamoro.

Page 2, 5. Sajahatra Mode of Delivery
5.2. Implementation
5.2.1. The Joint Coordination Committee – The Joint Coordination Committee provides overall coordination and supervision over the implementation of the Program. Composition shall be two Co-Chairs, one from the MILF Task Force Sajahatra and one from GPH Task Force Bangasmoro Development Chair, four MILF representatives and four GPH representatives.

Page 2, 5. Sajahatra Mode of Delivery
5.2. Implementation -- [...] The JCC functions include:
a) Reviews and approves plans of the Sajahatra Bangsamoro Program, ensuring that the projects hae strong symbolic meaning to Bangsamoro communities, addressing their most immediate needs and covering as many beneficiaries as possible. The JCC should also guarantee that the projects are qui-gestating, with a quick turnaround time.
b) Receives list of areas for coverage, list of beneficiaries submitted by the MILF;
c) Oversees the monitoring and periodic evaluation of the Program;
d) Established security protocols in coordination with the GPH-CCCH and the MILF Coordinating Committees on the Cessation of Hostilities (CCCH);
e) Approves and implements communication plan for Sajahatra Bangsamoro;
f) Raises issues to the Panels that may require policy guidance;
g) Reports Progress of the Program to the Panels;
h) Implements other development projects as may be jointly identified by the GPH and MILF Panels;
i) Adopts protocols on confidentiality of information relative to MILF members and other information.
5.2.2. Joint Field Coordinating Office – The JFCO shall be responsible for the day to day monitoring of Sajahatra Bangsamoro. It shall ensure the smooth implementation of Sajahatra Program at the community level in coordination with the MILF Project Management Team (PMT) and the various government agencies involved in the Program.

Page 4, 5.2.3. Field Implementation – The MILF shall establish its PMT that will be responsible for the following:
a) Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.
b) Provide the required social and community preparatory work in order to ensure smooth delivery of basic services under the Program.

5.2.4. Provides a diagram of the organizational structure of the Program.

Page 5, 5. Sajahatra Mode of Delivery, 5.3. Monitoring
5.3.1. Monitoring the Program shall be done by the JFCO, although both GPH and MILF may use other monitoring systems applicable to their respective agencies.

Page 5, 7. Amendments - This Terms of Reference shall be periodically reviewed by the GPH and MILF Peace Panels and may be altered to meet the prevailing situation.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, 3. Program Description of Sajahatra Bangsamoro
The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. […] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. […]
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→International finance
Page 1, 3. Program Description of Sajahatra Bangsamoro
The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. […] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. […]

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, 5. Sajahatra Mode of Delivery
5.2. Implementation -- [...] The JCC functions include:
d) Established security protocols in coordination with the GPH-CCCH and the MILF Coordinating Committees on the Cessation of Hostilities (CCCH);
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: Signed in the presence of: Tengku Dato’ Ab Ghafar Tengku Mohamed, Malaysian 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: UN Peacemaker http://peacemaker.un.org/philippines-TOR-sajahatrabangsamoro2013

TERMS OF REFERENCE

FOR SAJAHATRA BANGSAMORO

1. INTRODUCTION

The Framework Agreement on Bangsamoro (FAB) was signed in Malacanang on the 15th day of October 2012, The FAB sets the parameters far the comprehensive peace agreement that will be signed between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) at a later date.

In order to junipstart the initial dividends of peace, President Benigno Simeon Aquino III and MILF Chairman Al Haj Murad Ebrahirn launched Sajahatra Bangsamoro ("Blessings, Prosperity and Peace upon the Bangsarnoro") on the 11th of February 2013, at the Bangsamoro Leadership and Management Institute (BLMI) Compound,.

Simuay, Sultan Kudarat, Maguindanao.

2. DEFINITION OF TERMS

2.1 MILF Task Force Sajahatra - the task force created by the MILF through a Resolution of the Central Committee (CC) of the Moro Islamic Liberation Front (MILF), dated 7 March 2013 at Camp Darapanan.

tasked to deal closely with the GPH Task Force on Bangsamoro Development.

2.2 GPH Task Force on Bangsamoro Development - the task force created by the Government of the Philippines through Administrative Order No.

37, series of 2013.

2.3 Sajahatra Bangsamoro - a development program jointly implemented by the GPH and the MILF that aims to uplift and develop the health, education and livelihood conditions of Bangsamoro communities_

3. PROGRAM DESCRIPTION OF SAJAHATRA BANGSAMORO

The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries.

This shall be focused on quick-gestation, high-impact, social-protection type programs and will be implemented the duration of which shall be determined by both parties.

Services to be delivered will include:

(i) health insurance through PhilHealth;

(ii) upgrading of community-based health services through the Department of Health (DOH);

(iii) provision of college scholarships through the Commission on Higher Education (CHED);

(iv) provision of community-based technical-vocational training through the Technical Education and Skills Development Authority (TESDA): (v) educational assistance to madaris and private schools through the Department of Education (DepEd);

(vi) a supplemental feeding program and (vii) support to daycare centers through the Department of Social Welfare and Development (D5WD) and (viii) in the initial three months after every provincial launch.

livelihood assistance through the Cash for Work Program, also from the DSWD.

Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust Fund is being requested by the GPH and MILE

4. GPH's and MILF's TASK FORCES FOR THE SAJAHATRA BANGSAMORO

4.1 Both the GPH and MILF will have their respective Task Forces that will be the mechanism that each party will utilize in accomplishing their respective roles and mandates under Sajahatra Bangsamoro.

4.2 For the MILF, the MILF Task Force Sajahatra was created by the Central Committee under a resolution dated 7 March 2013.

4.3 For the GPV-I, the GP1-1 Task Force on Bangsamoro Development was created under Administrative Order 37 dated 13 February 2013,

5. SAJAHATRA BANGSAMORO MODE OF DELIVERY 5.1 Coordination within MILFI GPH

5.1.1 All coordination from the MILF shall be done through the MILF Task Force Sajahatra.

5.1.2 All coordination from the GPH Government Agencies shall be done through the GPI Task Force for Bangsamoro Development.

5.2 Implementation

5.2.1 The Joint Coordination Committee

The Joint Coordination Committee provides overall coordination and supervision over the implementation of the Program.

Composition:

Co-Chair:

MILF Task Force Sajahatra Chair

Co-Chair:

GPI Task Force Bangsamoro Development Chair

Members:

4 MILF representatives

4 GPH representatives

Functions:

Reviews and approves plans of the Sajahatra Bangsamoro Program, ensuring that the projects have strong symbolic meaning to Bangsamoro communities.

addressing their most immediate needs and covering as many beneficiaries as possible.

The JCC should also guarantee that the projects are quick-gestating, with a quick turnaround time.

Receives list of areas for coverage, list of beneficiaries submitted by the MU-,

Oversees the monitoring and periodic evaluation of the Program;

Establishes security protocols in coordination with the GPH and MILF Coordinating Committees on the Cessation of Hostilities (CCCH).

Approves and implements communication plan for Sajahatra Bangsamoro:

Raises issues to the Panels that may require policy guidance;

Reports progress of the Program to the Panels:

Implements other development projects as may be jointly identified by the PI-I and MILF Panels;

Adopts protocols on confidentiality of information relative to MILF members and other information.

5.2.2 Joint Field Coordinating Office

A Joint Field Coordinating Office (JFCO) shall be established.

The JFC0 shall be responsible for the day to day monitoring of Sajahatra Bangsamoro.

It shall ensure the smooth implementation of Sajahatra Program at the community level in coordination with the MILF Project Management Team (PMT) and the various government agencies involved in the Program

5.2.3 Field implementation

The MILF shall establish its Project Management Team that will be responsible for the following:

Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.

Provide the required social and community preparatory work in order to ensure smooth delivery of basic services under the Program

For the GPH, the respective government agencies shall ensure that the necessary technical and financial resources are made available for the successful implementation of the various components of the Program.

All funds shall be under the stewardship of the GPH.

Implementation at the community level shall always be a joint effort of the GPH and the MILF.

5.2,4 Organizational Structure

(graph of organizational structure)

5.3 Monitoring

5.3.1 Monitoring of the Program shall be done by the JFCO3 although both GPH and MrLF may use other monitoring systems applicable to their respective agencies.

6. FUNDING

The GPH shall provide funding requirements for Sajahatra Bangsamoro.

Both Task Forces may however mobilize technical expertise, and whenever applicable financial support from local and development partners on matters related to the implementation of Sajahatra Bangsarnoro_

7. AMENDMENTS

This Terms of Reference shall be periodically reviewed by the GPH and MILF Peace 'panels and may be altered to meet the prevailing situation_

Done thi3 11th day of April 2013 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL-FERRER

GPH Panel Chair

FOR THE MILF:

MOHAGHER JOBAL

MILF Panel Chair

SIGNED lN THE PRESENCE OF;

TENGKU DATO" AB GF AFAR TENGKU MOHAMED

Malaysian Facilitator