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.


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.