Third Party Monitoring Team (TPMT) and its Terms of Reference
- Country/entity
-
Philippines
Mindanao - Region
-
Asia and Pacific
- Agreement name
- Third Party Monitoring Team (TPMT) and its Terms of Reference
- Date
- 25 Jan 2013
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Implementation/renegotiation
- Conflict nature
- Government/territory
- Peace process
- Philippines - Mindanao process
- Parties
-
Miriam Coronel-Ferrer, Panel Chair for the Government of the Philippines (GPH);
Mohagher Iqbal, Panel Chair for the Moro Islamic Liberation Front (MILF) - Third parties
- Tengku Dato'Ab Ghafar Tengku Mohamed, Facilitator and Representative of Malaysia
- Description
- The Agreement in entirety provides the mandate, composition, functions, reporting, funding, and duration for the Third Party Monitoring Team to monitor the implementation of all Agreements.
- Agreement document
- PH_130125_TPMT and its TOR.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 TPMT is an independent body composed of the following:
-A chair, who shall be an eminent international person and shall act as covenor and spokesperson for the TPMT;
-A representative from a local non-governmental organization registered with the Securities and Exchange Commission, to be nominated by the GPH;
-A representative from a local non-governmental organization registered with the Securities and Exchange Commission, to be nominated by the MILF;
-A representative from an international non-governmental organization to be nominated by the GPH; and
-A representative from an international non-governmental organization to be nominated by the MILF. - 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
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- 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 2, 3. Functions
3.3. The TPMT shall have the power to organize its work in the manner it deems most appropriate. It shall, under the direction of the Chair, devise its own tasking, work plans, security and confidentiality protocols, and financial systems in order to comply with requirements imposed by funding sources. It shall also define a code of conduct particularly with respect to the relationship between its members and their organizational affiliations. These shall be contained in the TPMT's Internal Rules and Regulations which shall be submitted to the Panels for their approval. - 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
- Tengku Dato'Ab Ghafar Tengku Mohamed, Facilitator and Representative of Malaysia
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
- Page 2, 3. Functions
3.1 The basic function of the TPMT are to:
a. Monitor and evaluate the implementation of all Agreements.
b. Review and assess the progress of the implementation of commitments by both Parties under the Agreements. Towards this end, it shall submit comprehensive periodic reports and updates to both Parties for their appropriate action.
c. Communicate to the public the progress and developments in the implementation of the Agreements of the Parties.
Page 2, 3. Functions
3.2. At the end of the transition period, upon the regular operation of the Bangsamoro Government, the GPH and MILF Peace Panels, together with the Malaysian Facilitator and the TPMT, shall convene a meeting to review, asses or evaluate the implementation of all agreements and the progress of the transition. An 'Exit Document' officially terminating the peace negotiations may be crafted and signed by both Parties if and only when all agreements have been fully implemented.
3.3. The TPMT shall have the power to organize its work in the manner it deems most appropriate. It shall, under the direction of the Chair, devise its own tasking, work plans, security and confidentiality protocols, and financial systems in order to comply with requirements imposed by funding sources. It shall also define a code of conduct particularly with respect to the relationship between its members and their organizational affiliations. These shall be contained in the TPMT's Internal Rules and Regulations which shall be submitted to the Panels for their approval.
Page 3, 3. Functions
3.4. The TPMT shall work on the basis of consensus. In reporting, any disagreements must be noted. The TPMT shall commit to work in the spirit of cooperation, confidence-building and trust among themselves and with their external relations.
Page 3, 3. Functions
3.5. Access to meetings, activities, informants, documents and data - The members of the TPMT shall have access to all reports and activities connected to the implementation of the Agreements. [...]
Page 3, 3. Functions
5. Reporting - The TPMT shall submit confidential written reports to the chairpersons of the two Peace Panels and to the facilitator, quarterly and as deemed necessary. The reports shall contain the TPMT's observations and recommendations. The Parties are not bound by the recommendations but shall submit written responses to the TPMT, furnishing a copy to the facilitator, within one month from receipt. The TPMT shall produce a public written report yearly or as it deems necessary, providing an overall assessment of developments in the implementation of the Agreements. [...]
Page 5, 9. Duration
The TPMT shall be formed by the Parties not later than one month after the signing of these Terms of Reference. It shall continue to exist until an Exit Agreement is reached. - Related cases
No specific mention.
- Source
- UN Peacemaker http://peacemaker.un.org/philippines-third-party-monitoring2013
THE THIRD PARTY MONITORING TEAM (TPMT) AND ITS TERMS OF REFERENCE
1. MANDATE
The mandate of the Third Party Monitoring Team (TPMT) is to monitor, review and assess the implementation of all signed agreements, primarily the Framework Agreement on the Bangsamoro and its Annexes.
2. COMPOSITION
The TPMT is an independent body composed of the following:
- A chair, who shall be an eminent international person and shall act as convenor and spokesperson for the TPMT;
- A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the GPH;
- A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the MILF;
- A representative from an international non-government organization to be nominated by the GPH;
and
- A representative from an international non-government organization to be nominated by the MILF.
One or two eminent international persons may be added to the membership of the TPMT as mutually agreed by the Parties.
All members shall be mutually acceptable to and agreed upon by the Parties.
Unethical behavior may be a ground for removal from the TPMT of an individual member upon the recommendation of the body through the Chair
and/or the Panels by mutual agreement.
In any case, the final decision rests upon the Panels.
3. FUNCTIONS
3.1 The basic functions of the TPMT are to:
a. Monitor and evaluate the implementation of all Agreements.
b. Review and assess the progress of the implementation of commitments by both Parties under the Agreements.
Towards this end, it shall submit comprehensive periodic reports and updates to both Parties for their appropriate action.
c. Communicate to the public the progress and developments in the implementation of the Agreements of the Parties.
3.2 At the end of the transition period, upon the regular operation of the Bangsamoro Government, the GPH and MILF Peace Panels, together with
the Malaysian Facilitator and the TPMT, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition.
An 'Exit Document' officially terminating the peace negotiations may be crafted and signed by both Parties if and only when all agreements have been fully implemented.
3.3 The TPMT shall have the power to organize its work in the manner it deems most appropriate.
It shall, under the direction of the Chair, devise its own tasking, work plans, security and confidentiality protocols, and financial systems in order to comply vyith requirements imposed by funding sources.
It shall also define a code of conduct particularly with respect to the relationship between its members and their organizational affiliations.
These shall be contained in the TPMT's Internal Rules and Regulations which shall be submitted to the Panels for their approval.
3.4 The TPMT shall work on the basis of consensus.
In reporting, any disagreements must be noted.
The TPMT shall commit to work in the
spirit of cooperation, confidence-building and trust among themselves and with their external relations.
3.5 Access to meetings, activities, informants, documents and data The members of the TPMT shall have access to all reports and activities
connected to the implementation of the Agreements.
It shall directly coordinate with the concerned bodies and individuals in order to accomplish its functions and achieve its objectives.
The TPMT shall be allowed to observe the meetings of the Transition Commission and other bodies concerned with the implementation of the Agreements, subject to guidelines that the respective bodies may set.
4. REGULAR MEETINGS
The TPMT shall convene every two months and as they deem necessary.
5. REPORTING
The TPMT shall submit confidential written reports to the chairpersons of the two Peace Panels and to the facilitator, quarterly and as deemed necessary.
The reports shall contain the TPMT's observations and recommendations.
The Parties are not bound by the recommendations but shall submit written responses to the TPMT, furnishing a copy to the facilitator, within one month from receipt.
The TPMT shall produce a public written report yearly or as it deems necessary, providing an overall assessment of developments in the implementation of the Agreements.
Before issuing a public report, the TPMT shall submit it to the Parties and to the Facilitator for comment and consultation.
The TPMT may consider the comments of the Parties but without prejudice to its independent discretion on what to publish.
6. CONFIDENTIALITY
All information, data or opm1ons gathered, generated or exchanged in connection with the work of the TPMT shall be treated with utmost
consideration for the safety and security of the source and the integrity of the peace process.
Critical and/or confidential information as defined by the TPMT may not be divulged to their respective organizations and other entities.
7. ADMINISTRATIVE AND SUPPORT ARRANGEMENTS
The TPMT shall have an office and support staff/secretariat commensurate to its technical, operational and administrative requirements.
It may engage the assistance of experts in the exercise of its monitoring and assessment functions.
8. FUNDING
Funding for the operations of the TPMT shall be independently sourced as jointly decided by the Parties in coordination with the TPMT.
Thms may take the form of several funding streams or one funding source.
To address the problem of a possible gap between the formal establishment of
the TPMT and its longer-term funding support, the Parties undertake to find modalities for short-term bridge funding for the initial activities of the TPMT.
Potential organizational members of the TPMT !
Jlay indicate how they would cover any "bridge" period.
9. DURATION
The TPMT shall be formed by the Parties not later than one month after the signing of these Terms of Reference.
It shall continue to exist until an Exit Agreement is reached.
Done this 25th day of January 2013 in Kuala Lumpur, Malaysia.