Agreement on the Rules and Procedures on the Conduct of the Formal Peace Talks between the GRP and MILF Peace Panels

Export agreement:

Export agreement coding (PDF)

Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Agreement on the Rules and Procedures on the Conduct of the Formal Peace Talks between the GRP and MILF Peace Panels
Date: 17 Dec 1999
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: USec. Orlando V. Soriano, GRP Panel Chairperson;
Aleem Abdulaziz Mimbantas, MILF Panel Chairperson
Third parties: Witnesses:
Col. Delfin N. Lorenzana, GRP Technical Committee Acting Chairperson;
Shiek Moner M. Bajunaid, MILF Technical Committee Chairperson
Description: Agreement in its entirety provides for the rules and procedures regarding the conduct of the formal peace talks between the Government (GRP) and the Moro Islamic Liberation Front (MILF). These rules and procedures include the composition, guiding principles and mandate, conduct of panel negotiations, media coverage procedures, and general provisions on confidentiality, amendments to the rules and procedures, and effectivity of this Agreement.

Agreement document: PH_991217_Agreement on Rules-Procedures on Conduct of Panels.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: Rights related issues→Media and communication→Media roles
Page 4, Article IV - Media Coverage
Section 1. Media coverage of the proceedings of any meeting shall be mutually agreed upon by the two Panel Chairpersons.
Section 2. The holding of joint press conferences or the issuance of joint press statements shall be mutually agreed upon by the two Panel Chairpersons.
Section 3. The respective Chairpersons of the GRP and MILF Peace Panels, or in their absence, a member of either Peace Panel duly designated, shall act as the Official Spokespersons for each Panel, as the case may be.
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: 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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), pp. 73-77.

AGREEMENT ON THE RULES AND PROCEDURES ON THE CONDUCT OF THE FORMAL PEACE TALKS BETWEEN THE GRP AND MILF PEACE PANELS

This Agreement is being entered into by and between:

The Government of the Republic of the Philippines (GRP), represented by the GRP Peace Panel, herein represented by its Chairperson, Undersecretary Orlando V. Soriano;

and

The Moro Islamic Liberation Front (MILF), represented by the MILF Peace Panel, herein represented by its Chairperson, Aleem Abdulaziz Mimbantas.

Pursuant to due authority, the two Panels hereby agree:

ARTICLE.

I COMPOSITION

The Panels respectively created by the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) composed of six (6) members each, shall hereinafter be referred to as the GRP and MILF Peace Panels.

ARTICLE II

GUIDING PRINCIPLES AND MANDATE

Section 1.

Guiding Principles.

In their deliberations during the formal peace talks and in the interpretation of this Agreement, the GRP and MELF Peace Panels shall at all times conform to the letter and spirit of the General Framework of Agreement of Intent between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on August 27, 1998 at the Da'wah Center, Crossing Simuay, Sultan Kudarat, Maguindanao.

Section 2.

Mandate.

The GRP and MILF Peace Panels are mandated to pursue the peace negotiations on the substantive issues under a favourable atmosphere of peace and harmony.

They shall be clothed with proper credentials and authority duly signed by the President of the Philippines, or by his authority in the case of the GRP and by Chairman Salamat Hashim in the case of the MILF, to bind and speak in with the aim in view of Continuing the peace negotiations until the Parties reach a negotiated political settlement of the armed conflict in Mindanao.

ARTICLE III

CONDUCT OF PANEL NEGOTIATIONS

Section 1.

Agenda for the Peace Talks.

The agenda for the peace talks shall be prepared by the GRP AND MILF Technical Committees and shall be agreed upon by the Peace Panels.

The Panels shall exchange detailed proposals and/or working Papers on the agenda of the peace talks within a reasonable period of time before such agenda shall be discussed.

Section 2.

Venue and Schedule of the Peace Talks.

The GRP and MILF Peace Panels shall hold their formal peace talks in a venue to be previously agreed upon.

The two Panels shall also mutually agree on the schedule of meetings.

Section 3.

Attendance/Quorum.

a. The officially designated members of the GRP and MILF Peace Panels shall be the permanent attendees at every Panel meeting.

In the event of permanent disability for any reason, a substitute shall be named to replace him/her;

provided, finally, that prior official notice of such designation of substitute shall be given to the other party.

b. A majority of the composition of each Panel is required to be present at every meeting in order to constitute a quorum.

Section 4.

Presiding Officers.

The two Panel Chairpersons shall act as co-presiding officers for the meeting of the two Panels.

Section 5.

Presence of Persons other than Paget Members at Meetings.

Other than the Peace Panels, only the Panel Advisers, Secretariat and Technical Committees of the GRP and MILF hall be allowed in the meeting room.

a. Technical Committees.

The GRP and MILF Technical Committees shall provide the technical support to their respective Peace Panels on the Substantive issues.

b. Permanent Secretariat.

There shall be a permanent GRP and MILF Secretariat which shall have the following tasks and functions:

b1. То document the proceedings of the meeting of the GRP and MILF Peace Panels

b2. To prepare and submit the agenda of the meetings of the Peace Panels;

B3. To prepare the highlights of consensus points/agreements between the GRP and MILF Peace Panels after every meeting;

and,

b4. To handle all administrative requirements relative to the conduct of the meeting.

C. Consultants and Resource Persons may be invited as necessary, and as mutually agreed upon by the two Chairpersons of the Peace Panels.

Section 6.

Procedure of Formal Meeting:

The two Panel Chairpersons shall agree on the allocation of time for each agenda item.

Each Panel shall have equal time and opportunity to fully present its side in meetings, orally and/or in writing, to propound questions, and to respond to the other Panel regarding any agreed agenda item.

When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further deliberation or referred to the respective Technical Committees for further study.

Thereafter, the two Panels shall proceed to the next agenda item,

Section 7.

Format of Meetings.

The Chairperson of each Panel shall speak on behalf of the Panel, but may designate other Panel Members to speak when appropriate.

During a deliberation of one Panel Chairperson, the other Panel Chairperson or his Panel Members permitted by him may interpellate or respond immediately to any point, with the permission of the Chairperson deliberating.

Each Panel may propose a draft on any agenda item which may become the basis for discussion,

Section 8.

Meeting Flow.

The slow of the meeting shall be as follows:

Invocation (GRP and MILF Representatives)

Opening Statements (GRP and MILF Chairpersons)

Approval of Agenda for the Meeting

Adoption of Report of Previous Meeting

Discussion of Unfinished Business

Discussion of Agenda Items

Adoption of Consensus Points/Agreements

Adoption of Proposed Agenda, Schedule and Venue of the Next Meeting.

Adoption of Joint Statement/Press Release

ARTICLE IV

MEDIA COVERAGE

Section 1.

Media coverage of the proceedings of any meeting shall be mutually agreed upon by the two Panel Chairpersons.

Section 2.

The holding of joint press conferences or the issuance of joint press statements shall be mutually agreed upon by the two Panel Chairpersons.

Section 3.

The respective Chairpersons of the GRP and MILF Peace Panels, or in their absence, a member of either Peace Panel duty designated, shall act as the Official Spokespersons for each Panel, as the case may be.

ARTICLE, V GENERAL PROVISIONS

Section 1.

Confidentiality.

a. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues under negotiations.

b. Limitations on access to or release of official records of the deliberations and minutes of the meetings shall be mutually agreed upon by the Chairpersons of the two Peace Panels.

Section 2.

Amendments.

The two Peace Panels may from time to time mutually agree to amend, modify or supplement this Agreement.

Section 3.

Safety and Security Matters.

The two Peace Panels shall agree on the provisions of safety and security at the site of the meeting.

Section 4.

Effectivity.

This Agreement shall take effect upon the signing hereof by the Chairpersons of the two Peace Panels.

IN WITNESS WHEREOF, we have hereunder signed this Agreement this 17th day of December 1999 at SR, Meguindanao , Philippines.

FOR THE MORO ISLAMIC LIBERATION FRONT PEACE PANEL:

ALEEM ABDULAZIZ MIMBANTAS (CHAIRPERSON, MILF PANEL)

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL:

USEC.

ORLANDO V. SORIANO (CHAIRPERSON, GRP PANEL)

WITNESSETH:

COL. DELFIN N LORENZANA (ACTING CHAIRPERSON, GRP TECHNICAL COMMITTEE)