Memorandum of Understanding between the Government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDPF) and the Third Party Facilitator, the Royal Norwegian Government

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Memorandum of Understanding between the Government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDPF) and the Third Party Facilitator, the Royal Norwegian Government
Date: 25 Jun 2004
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
Peace process: Philippines-NDF process
Parties: 3 signatures (see notes)
Third parties: -
Description: The Agreements lists 10 points which describe the role of the designated Finance Agent of the Norweigan Government and their financial support to the Joint Monitoring Committee and its Joint Secretariat. Amongst other things, the Finance Agent will review and submit budget for funding to the third party facilitator, release funds and disburse money and allowances for the staff and personnel and staff. Moreover, the Finance Agent retains the right to review the disbursement and utilization of funds.

Agreement document: PH_040625_Memorandum of Understanding.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: 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: 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: Note: Agreement is entirely about the administration of international funds to the Joint Monitoring Committee.

Page 1, Untitled Preamble
The respective Monitoring Committees of the Government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDFP), through their respective Chairpersons, by authority of their respective Negotiating Panels have agreed with the Third Party Facilitator the Royal Norwegian Government that the following will guide the role of the designated Finance Agent (employed by the Centre for Humanitarian Dialogue, CHD) of the Third Party Facilitator and their financial support to the Joint Monitoring Committee and its Joint Secretariat:

Page 1,
1. The Finance Agent will relate with the respective sections of the GRP and the NDFP in the Joint Secretariat in reviewing and submitting a budget for funding of the Joint Secretariat to the Third Party Facilitator.

Page 1,
2. The Finance Agent will release funds and disburse money in accordance with the allotments contained in the approved budget for the Joint Secretariat for an initial three (3) month period.

Page 1,
3. The Finance Agent will release funds to the respective sections of the GRP and the NDFP in the Joint Secretariat for their daily expenses on a monthly basis to ensure their efficient and smooth operations and to receive receipts and supporting documents of the liquidation of such expenses.

Page 1,
4. The Finance Agent will release directly the allowances or honoraria for the staff and personnel of the GRP and the independent nominees and contracted staff of the NDFP sections in the Joint Secretariat every 15th and 30th of the month.

Page 1,
5. The Finance Agent will relate with the respective Heads of the GRP and NDFP sections in the Joint Secretariat as limited agents or representatives of their respective Monitoring Committees exclusively on disbursement and release of funds for the operations of the Joint Secretariat; provided that the power to audit shall be vested in another entity.

Page 1,
6. The Finance Agent will hold office, consistent with its role and function, outside and Independent of the Joint Secretariat offices.

Page 1,
7. The Finance Agent will deal with the building administrator or officers of the corporation that owns the offices being leased by the Centre for Humanitarian Dialogue, as representative of the Royal Norwegian Government, for the benefit of the Joint Secretariat, exclusively on financial matters related thereto.

Page 1,
8. The Finance Agent will relate with the two parties in agreeing on a format for reports, attaching receipts and supporting documents, helping when necessary in submitting financial reports to the Third Party Facilitator.

Page 1,
9. In cooperation with the JMC, the Third Party Facilitator retains the right to review the disbursement of funds distributed through the Finance Agent and the appropriate initialization of those funds by the Joint Secretariat in carrying out the designated tasks and aims of the Joint Monitoring Committee.

Page 1,
10. The Third Party Facilitator retains ownership of all the equipment and property purchased with funds provided by the Third Party Facilitator unless representatives from the two parties are notified otherwise.
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: No specific mention.
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: Most likely Norway, but signatures not printed.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues, p. 76.

Memorandum of Understanding between the government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDFP) and the Third Party Facilitator, the Royal Norwegian Government

In relation to the role of the designated Finance Agency of the Royal Norwegian Government and their financial support to the Joint Monitoring Commmittee (JMC) and its Joint Secretariat (JS)

The respective Monitoring Committees of the Government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDFP), through their respective Chairpersons, by authority of their respective Negotiating Panels have agreed with the Third Party Facilitator the Royal Norwegian Government that the following will guide the role of the designated Finance Agent (employed by the Centre for Humanitarian Dialogue, CHD) of the Third Party Facilitator and their financial support to the Joint Monitoring Committee and its Joint Secretariat:

1. The Finance Agent will relate with the respective sections of the GRP and the NDFP in the Joint Secretariat in reviewing and submitting a budget for funding of the Joint Secretariat to the Third Party Facilitator.

2. The Finance Agent will release funds and disburse money in accordance with the allotments contained in the approved budget for the Joint Secretariat for an initial three (3) month period.

3. The Finance Agent will release funds to the respective sections of the GRP and the NDFP in the Joint Secretariat for their daily expenses on a monthly basis to ensure their efficient and smooth operations and to receive receipts and supporting documents of the liquidation of such expenses.

4. The Finance Agent will release directly the allowances or honoraria for the staff and personnel of the GRP and the independent nominees and contracted staff of the NDFP sections in the Joint Secretariat every 15th and 30th of the month.

5. The Finance Agent will relate with the respective Heads of the GRP and NDFP sections in the Joint Secretariat as limited agents or representatives of their respective Monitoring Committees exclusively on disbursement and release of funds for the operations of the Joint Secretariat;

provided that the power to audit shall be vested in another entity.

6. The Finance Agent will hold office, consistent with its role and function, outside and Independent of the Joint Secretariat offices.

7. The Finance Agent will deal with the building administrator or officers of the corporation that owns the offices being leased by the Centre for Humanitarian Dialogue, as representative of the Royal Norwegian Government, for the benefit of the Joint Secretariat, exclusively on financial matters related thereto.

8. The Finance Agent will relate with the two parties in agreeing on a format for reports, attaching receipts and supporting documents, helping when necessary in submitting financial reports to the Third Party Facilitator.

9. In cooperation with the JMC, the Third Party Facilitator retains the right to review the disbursement of funds distributed through the Finance Agent and the appropriate initialization of those funds by the Joint Secretariat in carrying out the designated tasks and aims of the Joint Monitoring Committee.

10. The Third Party Facilitator retains ownership of all the equipment and property purchased with funds provided by the Third Party Facilitator unless representatives from the two parties are notified otherwise.

Done in Oslo on the 25th of June, 2004.

(signed by 3 unclear signatures)