Interim Implementing Guidelines on the Joint Communique of 6 May 2002
- Country/entity
-
Philippines
Mindanao - Region
-
Asia and Pacific
- Agreement name
- Interim Implementing Guidelines on the Joint Communique of 6 May 2002
- Date
- 21 Dec 2004
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Renewal
- Conflict nature
- Government/territory
- Peace process
- Philippines - Mindanao process
- Parties
-
Sec. Silvestre C. Afable, Jr., GRP Peace Panel Chairman;
Mohagher M. Iqbal, MILF Peace Panel Chairman - Third parties
- -
- Description
- Agreement between the GRP and the MILF Peace Panels to implement the Joint Communique (6/05/2002), with the purpose of pursuing, isolating and interdicting criminal syndicates and kidnap-for-ransom groups, specifically noting the group, "Lost Commands". The Agreement provides for the organization and composition of the Ad Hoc Joint Action Group, as well as the mechanics of implementation to allow for efficient coordination between the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), and the MILF to apprehend the criminal elements.
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
- Groups→Refugees/displaced persons→SubstantivePage 3, VI Mechanics of Implementation
5. To avoid unnecessary armed confrontations, the displacement of of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
Page 3, VI. Mechanics of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces. - 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
- Human rights and equality→Civil and political rights→LifePage 4, VII. General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties. - Socio-economic rights
- Human rights and equality→Socio-economic rights→PropertyPage 4, VII. General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.
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
- Rights related issues→Protection measures→Protection of civiliansPage 4, VII. General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties. - 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
- Justice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 1, [Summary] creation of the Ad Hoc Joint Action Group to deal with criminal elements.
- 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 1, I. Terms of Reference
C. Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001 signed on 07 August 2001 in Putrajaya, Malaysia.
Page 1, IV. Definition of terms
A. Lost Commands - groups which are not under the command and control of the BIAF and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).
Page 2, IV. Definition of Terms
F. Order of Battles - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG.
Page 3, VI. Mechanics of Implementation
1. The AFP/PNP shall convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV, E containing the names and identities of the criminal elements as provided in Paragraph 3 of the Joint Communique of 6 May 2002.
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of suspected criminal elements.
Page 3, VI Mechanics of Implementation
5. To avoid unnecessary armed confrontations, the displacement of of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
Page 3, VI. Mechanics of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces.
Page 3, VI. Mechanics of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit. - Ceasefire
- Security sector→Ceasefire→Ceasefire provisionPage 1, I. Terms of Reference
A. Agreement for General Cessation of Hostilities dated July 18, 1997, including its Implementing Administrative Guidelines dates September 12, 1997 and Implementing Operational Guidelines dated November 14, 1997.
Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
Page 3, VI. Mechanics of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces.
Page 4, VI. Mechanics of Implementation
8. An after-operation report shall be immediately submitted by the AHJAG to the GPH and MILF Panels, copy furnished both CCCHs.
Page 4, VII. General Guidelines for the Implementing Unit
2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH. - Police
- Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).
Page 2, IV Definition of Terms
F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AGJAG.
Page 3, VI Mechanic of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV E containing the names and identities of the criminal elements as provided in paragraph 3 of the Joint Communique of 6 May 2002.
Page 3, VI Mechanic of Implementation
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.
Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.
Page 3, VI. Mechanics of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit. - Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
- Page 3, VI. Mechanics of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
~
Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).
Page 1, IV. Definition of Terms
G. MILF Areas/Communities - refer to the places in Mindanao identified by the GPH and MILF Peace Panels where the MILF elements are situated.
Page 3, VI. Mechanics of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV, E containing the names and identities of the criminal elements as provided in Paragraph 3 of the Joint Communique of 6 May 2002.
2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the ORder of Battle.
3. The MILF futher shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.
Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.
Page 3, VI Mechanic of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
Page 4, VI Mechanic of Implementation
9. The MIL shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG. Arrested/apprehended personalities shall be turned over to the AHJAG. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
- Page 1, II Objective - This set of guidelines is adopted to implement the provision of the Joint Communique dated May 6, 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front relative to the isolation and interdiction of all criminal syndicates/kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operations in Mindanao.
Page 1, III Scope - These Interim Implementing Guidelines apply only to operations against criminal syndicates/kidnap-for-ransom groups, lost commands and other criminal elements within MILF areas/communities.
Page 1, IV Definition of Terms
A. Lost Commands - groups which are not under the command and control of the BIA and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG).
Page 2, IV Definition of Terms
B. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage in criminal activities as verified by AHJAG.
C. Criminal Elements - within the purview of AHJAG, refers to a leader/member of a criminal syndicate or kidnap for ransom group as distinguished from common criminals.
D. Isolation - refers to the act of dissociating/segregating criminal elements from the general public as a mode to monitor and counter their criminal activities.
E. Interdiction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turning them over to the AGHJAG.
Page 2, V Organization/Composition of the AHJAG
A. The Ad Hoc Joint Action Group shall be composed of eight (8) members, four (4) from the GRP and four (4) from the MILF agreed upon and named by the panels.
B. The AHJAG shall have under it Teams that will cover corresponding areas in Mindanao [...]
Page 3, V Organization/Composition of the AHJAG
C. An AHJAG Team as organized shall be composed of at least four (4) members, two from the GRP and TWO from the MILF to be augmented by support staff from both sides.
D. The AHJAG teams shall be composed of field level members and operators who can immerse on the ground for the performance of their missions, and shall readily be available at short notice.
Page 3, VI Mechanic of Implementation
1. The AFP/PNP shall, convey to the MILF through the AHJAG the Order of Battle as defined in Paragraph IV E containing the names and identities of the criminal elements as provided in paragraph 3 of the Joint Communique of 6 May 2002.
Page 3, VI Mechanic of Implementation
2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the ORder of Battle.
3. The MILF futher shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.
Page 3, VI Mechanic of Implementation
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.
Page 3, VI Mechanic of Implementation
5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
Page 3, VI Mechanic of Implementation
6. Except for operations against high priority targets, a list of which shall be provided by the GRP Panel to the MILF Panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to alow sufficient time for the evacuation of civilians and to avoid armed confrontations between the GRP and MILF forces.
Page 3, VI Mechanic of Implementation
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG. Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG. Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
Page 4, VI Mechanic of Implementation
9. The MIL shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG. Arrested/apprehended personalities shall be turned over to the AHJAG.
Page 4, VII General Guidelines for the Implementing Unit
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and the protection of their properties.
Page 4, VIII Effectivity - These Interim Implementing Guidelines shall take effect immediately upon signing and shall remain in effect for a period of six (6) months, subject to review and confirmation by both Panels. - 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. 142-145.
INTERIM IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2002
TERMS OF REFERENCE
A. Agreement for General Cessation of Hostillbes dated July 18, 1997 including its Implementing Administrative Guidelines dated September 12, 1997 and Implementing Operational Guidelines dated November 14.
1997
B. Agreement on Peace between the GRP and the MILF signed on 22 June 2001 in Tripoli, Libya
C. Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001 signed on 07 August 2001 in
Putrajaya, Malaysia
D. Joint Communique between the GRP and the MILF signed on 06 May 2002 in Cyberjaya, Malaysia
II OBJECTIVE/PURPOSE
This set of guidelines Is adopted to Implement the provisions of the Joint Communique dated May 6, 2002 between the Government of the
Republic of the Philippines and the Moro Islamic Liberation Front relative to the Isolation and interdiction of all criminal syndicates/kidnap for ransom groups and other criminal groups Including the so called "Lost Commands" operating in Mindanao.
Ill SCOPE
These Interim Implementing Guidelines apply only to operations against criminal syndicates/kidnap.for-ransom groups, lost commands and
other criminal elements within MILF areas/communities.
IV DEFINITION OF TERMS
A. Lost Commands - groups which are not under the command and control of the BIAF and the AFPIPNP as verified by the Ad Hoe Joint
Action Group (AH JAG).
[a]. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage In aimlnal activities as verified by
AHJAG.
C. Criminal Elements- within the purview of AHJAG, refers to a reader/member of a criminal syndicate or kidnap for ransom group as
distinguished from common criminals
D. Isolation - refers to the act of dissociating/segregating criminal elements from the general public as a mode to monitor and counter
! heir criminal activities.
E. Interdlction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turning them over to the AHJAG.
F. Order of Battle - refers to the 11st of Mnted persons prepared by the AFP/PNP as verified by the AHJAG.
G. MILF Areas/Communities - refer lo lhe places in Mindanao identified by the GRP and MILF Peace Panels where the MILF elements are
situated.
V ORGANIZATION/COMPOSITION OF THE AHJAG
A. The Ad Hoc Joint Action Group shall be composed of eight (8) members, four (4) from the GRP and four (4) from the MILF agreed upon and named by the panels.
B. The AHJAG shall have under it Teams that will cover corresponding areas in Mindanao, as follows:
• AHJAG Team 1:
Provinces of Magulndanao, North Cotabato, Bukidnon, and all cities located therein;
• AHJAG Team 2:
Provinces of Lanao clel Sur, Lanao del Norte.
and all cities located therein;
• AHJAG Team 3:
Provinces of Zambaanga del Norte, Zamboanga del Sur, Zamboanga Slbugay, and all clUes located therein;
• AHJAG Team 4:
Provinces of Sultan Kudarat, South Cotabalo, Sarangani, and all cities located therein:
and
• AHJAG Team 5:
Provinces of Davao del Norte.
Davao del Sur, Davao Oriental, Compostela Valley, and all cities located 'therein.
C. An AHJAG Team as organized shall be composed of at least four (4) members, two from the GRP and two from the M!LF.
to be augmented
by support staff from both sides.
D. The AHJAG teams shall be composed or Held level members and operators who can immerse on the ground for the performance of their
mission, and shall readily be available at short notice.
VI MECHANICS OF IMPLEMENTATION
1. The AFP/PNP shall convey to the M!LF through the AHJAG the Order of Battle as defined In Paragraph IV, E containing the names and ·
identities of the criminal elements as provided in Paragraph 3 of the Joint Communique of 6 May 2002.
2. The MILF through the AHJAG shall validate and subsequently act on the lnformation as contained In the Order of Battle.
3. The MILF further shall provide lnformaUon, as available, on other suspected criminal elements in their areas/communities that come to their attention.
4. The AHJAG shall coordinate with the AFP/PNP and MILF/BIAF to effect the apprehensjon and arrest of the suspected criminal elementa.
5. To avoid unnecessary anned confrontations, the displacement of communities and damage to properties, the Tactical Operations Center (TOC) or Tactical Command Post (TCP) of the government operating forces and with the MILF forces in the area shall work and coordinate closely with the AHJAG and vice versa.
6. Except for operations against high priority targets, a llst of which shall be provided by the GRP Panel to the MILF Panel the AHJAG shall
infonn the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for
the evacuation of civilians and to avoid armed confirntation between the GRP and MILF forces.
7. In hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with the AHJAG.
Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.
[a]. An after-operation report shall be Immediately submitted by the AHJAG to the GRP and MILF Panels, copy furnished both CCCHs.
9. The MILF shall block the entry of suspected criminal elements into MILF areas/communities based on the Order of Battle and other information jointly verified by the AHJAG.
Arrested/ apprehended personalities shall be turned-over to the AHJAG.
VII GENERAL GUIDELINES FOR THE IMPLEMENTING UNIT
1. In the process of implementing its functions, the implementing units of the GRP-MILF shall ensure the safety of the life of the civilians and
the protection of their properties.
2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH.
3. Unresolved matters within the AHJAG shall be elevated to the GRP-MILF Peace Panels for disposition.
VII EFFECTIVITY
These Interim lmplementlng Guidelines shall take effect immediately upon signing and shall remain in effect for a period or six (6) months, subject to review and confirmation by both Panels.
Done on the 21st day of December 2004, at Kuala Lumpur, Malaysia.
For the GRP:
SEC.
SILVESTRE C. AFABLE, JR.,
Chairman, GRP Peace Panel
For the MILF:
MOHAGHER M.IQBAL MILF Peace Panel