Protocol on the Implementation of the Terms of Reference (TOR) of the Independent Decommissioning Body (IDB)

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
Protocol on the Implementation of the Terms of Reference (TOR) of the Independent Decommissioning Body (IDB)
Date
29 Jan 2015
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
For the GPH: Professor Miriam Coronel-Ferrer, GPH Panel Chair; For the MILF: Mohagher Iqbal, MILF Panel Chair
Third parties
Signed in the presence of: H.E. Haydar Berk, IDB Chair; Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description
The agreement provides the functions, composition, and processes, which are to be completed in 4 phases, for implementing the Terms of Reference for the Independent Decommissioning Body (IDB) for the decommissioning and normalization of the Bangsamoro Islamic Armed Forces.
Main category
Page 2, II. Definitions: MILF Combatants. For purposes of these implementing guidelines, refers to both regular and guerrilla members of the Bangsamoro Islamic Armed Forces (BIAF). To ensure that the socio-economic initiatives and the decommissioning process will be gender-sensitive and inclusive, the term shall include Women Auxiliary forces.

Page 8, V. The Process, 2. Assembly and Processing Area (APA)
2.5. Registration and verification of MILF weapons and combatants at APA - All MILF combatants will include the following information: name, age, sex, rank, responsibilities within the unit/formation, date of entry into service and will provide the basis for a complete list of personnel. [...]

Women, girls and gender

Participation

No specific mention.

Equality

No specific mention.

Particular groups of women

No specific mention.

International law

No specific mention.

New institutions

No specific mention.

Violence against women

No specific mention.

Transitional justice

No specific mention.

Institutional reform
Institutional reform→DDR, army, parastatal or rebel forces
Page 2, II. Definitions: MILF Combatants
For purposes of these implementing guidelines, refers to both regular and guerrilla members of the Bangsamoro Islamic Armed Forces (BIAF). To ensure that the socio-economic initiatives and the decommissioning process will be gender-sensitive and inclusive, the term shall include Women Auxiliary forces.

Page 8, V. The Process, 2. Assembly and Processing Area (APA)
2.5. Registration and verification of MILF weapons and combatants at APA - All MILF combatants will include the following information: name, age, sex, rank, responsibilities within the unit/formation, date of entry into service and will provide the basis for a complete list of personnel. ...
Development

No specific mention.

Implementation

No specific mention.

Other

No specific mention.

PROTOCOL ON THE IMPLEMENTATION OF THE TERMS OF REFERENCE (TOR) OF THE INDEPENDENT DECOMMISSIONING BODY (IDB)

I. REFERENCES

• The Comprehensive Agreement on the Bangsamoro, signed by the Parties on 27 March 2014.

• The Annex on Normalization signed by the Parties on January 25, 2014.

• The Terms of Reference for The Independent Decommissioning Body (IDB) signed by the Parties on March 22, 2014.

II. DEFINITIONS

• ASSEMBLY AND PROCESSING AREA (APA) - a designated and a clearly defined geographical area identified by the IDBfor purposes of assembly, inventory, registration, verification, and validation of MILF combatants and weapons scheduled for decommissioning.

• SOCIO-ECONOMIC DEVELOPMENT - refers to programs and other initiatives for the MILF combatants, their families and communities in accordance with the Annex on Normalization.

• AMNESTY AND PARDON - are legal formsof confidence building measures which shall be immediately undertaken as agreed upon in the Annex on Normalization by the Government of the Philippines (GPH) towards the speedy resolution of cases of persons clfarged with or convicted of crimes or offenses connected to the armed conflict in Mindanao.

• REDEPLOYMENT is the repositioning of units and troops of theArmed Forces of the Philippines (AFP), including weapons, ammunitions, equipment and installations in accordance with the Framework Agreement on the Bangsamoro, the Annex on Normalization and its Attachment (Program for normalization in the Bangsamoro).

• SECURED ARMS STORAGE AREAS- are sites used for storage of weapons, munitions and explosives, or storage containers established in special perimeters, controlled and guarded by the responsible unit as agreed upon by both Parties and monitored by the IDB.

• DECOMMISSIONING is the process of putting the weapons of the MILF beyond use and the process of allowing a smooth transition for MILF combatants to productive civilian life which shall be parallel and commensurate with the redeployment of AFP and dismantling of Private Armed Groups (PAGs}and other aspects of the peace agreements.

• THE INDEPENDENT DECOMMISSIONING BODY (IDB) is the body tasked to oversee the decommissioning of the MILF weapons and forces,chaired by the expert from the Republic of Turkey with members made up of one expert each from the Kingdom of Norway and Brunei Darussalam, and four (4) local experts jointly nominated by the Parties.

The IDB shall conduct verification, registration, validation andinventory

of weapons and forces of the MILF.

• IDB VERIFICATION AND MONITORING ASSISTANCE TEAMS (IDB-VMAT) are Teams constituted by the IDB to assist in the verification and monitoring of the decommissioning process.

Upon the request of the IDB Chairman, the GPH and the MILF shall provide personnel to IDB-VMAT.

An international member of the team will be appointed by the IDB Chair as the overall area commander.

• MILF COMBATANTS.

For purposes of these implementing guidelines, refers to both regular and guerrilla members of t he Bangsamoro Islamic Armed Forces (BIAF).

To ensure that the socio-economic initiatives and the decommissioning process will be gender-sensitive and inclusive, the term shall include Women Auxiliary forces.

• WEAPONS in this context are functional crew-served weapons, high-powered firearms and ammunitions.

Ill. SECURITY

The Parties shall take all measures for the overall protection and security of all the IDB members, personnel, offices and equipment.

IV. THE IDB

The Independent Decommissioning Body (IDB), tasked to oversee the process of decommissioning of the MILF forces and weapons, is composed of three (3) foreign experts from states that have been mutually agreed upon by the Panels, and four (4) local experts that were nominated by the parties.

The IDB is chaired by HE Haydar Berk (Turkey), and its members are:

retired B Gen Jan Erik Wilhelmsen (Norway),Major Muhammad Aiman Syazwi bin Haji Abdul Rahim (Brunei Darussalam}, retired LtGen Rey Ardo, Prof Mario Aguja, Von Al Haq and lsah Bato.

The membership in the IDB may be changed by the sending States and the Parties.

The IDB under its Chairman will act as a consultative and decision-making body particularly on policy matters.

Agenda of the IDB will be determined by its chairman upon the proposals of Chief of Staff (CoS) and the other IDB members.

Any IDB member may bring a matter to the IDB Chair for consultation and, if need be, for decision-making.

All disputes arising from the implementation of the decommissioning process shall be resolved at the level of IDB.

The IDB shall in principle reach its decisions by consensus.

It should formulate its rules and procedures in resolving issues.

The Chair may designate any of the international experts as officer-in-charge in his/her absence.

The Chair shall exercise overall operational control of all assets in the IDB, and shall have the authority to plan, direct, execute, coordinate, supervise and monitor the performance of such personnel in their preparation, deployment, employment and redeployment and to assign specific tasks, duties and responsibilities to the HQ Staff and the IDB-VMAT to meet stated mission objectives.

The IDB-VMAT shall be directly responsible to the Chair for the efficient functioning of all components and staff elements in their area of responsibility.

Decisions taken by the Chair shall be in written Orders or Directives.

The IDB will:

1. Conduct inventory, verification and validation of Bangsamoro Islamic Armed Forces (BIAF) members, arms and weapons.

2. Develop and implement schedule of decommissioning of BIAF members.

3. Plan, design, and implement techniques and technologies for weapons collection or retrieval, transport, and storage and putting weapons beyond use in accordance with the agreements of the Parties.

4. Ensure that all the necessary steps and processes for decommissioning are complied with by the Parties;

5. Report on the progress of its work and submit its terminal report to the GPH and MILF Panels;

and

6. Coordinate with the Joint Normalization Committee (JNC) on the other aspects of normalization.

1. IDB Operational Headquarters

The Headquarters (HQ) shall be organized in accordance with international standards.

The IDB HQ includes the IDB Chair and members, and the HQ staff.

The Chair shall appoint a Chief of Staff (CoS) who shall exercise tactical control as delegated by the Chair.

The IDB Headquarters shall be organized as follows:

• Personnel Section, including personnel services and administration.

• Mission Information Section, including assessment cell, complaints and violation cell/the permanent secretariat, the security cell and Public Information Cell (PIO).

• The 0 Rerations Section, including current operations cell, and plans and policy cell and training.

• The Logistics Section, utilizing the administrative, logistic and financial support given by the Parties and donors.

• The Budget and Finance Sectionshall take care of the accounting, control and reporting of the budget and actual spending.

Note 1:

Upon the request of the IDB, the GPH and the MILF may provide the list of candidates who will work as staff members in the IDB headquarters.

Note 2:

The Chair of the IDB may reorganize the headquarters with notice to both Parties

2. IDB Verification and Monitoring Assistance Teams(IDB-VMAT)

The Independent Decommissioning Body- Verification and Monitoring Assistance Teams (IDB-VMAT) shall assist the IDB at the local level and through site visits.

The Chair of the IDB in consultation with the Parties shall determine the number of IDB-VMAT and their deployment.

V. THE PROCESS

Phase 1

a. The MILF shall conduct internal validation and registration of its weapons and combatants.

b. The MILF shall submit initial lists of validated and registered weapons and combatants to the IDB.

c. The Institute of Bangsamoro Studies (IBS) shall undertake the needs assessment survey for the members of the BIAF as basis for financial assistance and sustainable socio-economic programs for the decommissioned BIAF members and their communities.

d. Consolidation of previous needs and skills assessment of MILF forces and communities.

e. Ceremonial turnover of 20 crew-served· weapons and SS high-powered firearms to the IDB.

f. The IDB shall program the first 30% of the verified, validated and registered MILF forces and weapons for Phase 2.

g. The IDB shall identify assembly areas for Phase 2 that will serve as the areas for official registration, verification and official decommissioning.

Phase 2

a. ldeptified assembly areas are prepared to receive the first batch (30%) to be decommissioned.

b. Joint Normalization Committee - Joint Peace and Security Committee (JNC -JPSC) shall facilitate the movements of such MILF forces to the APAs.

c. IDB shall supervise the on-site temporary storage of the decommissioned weapons.

d. The IBS shall conduct additional needs and skills assessment for the MILF forces and their communities.

e. The JNC shall conduct on-site verification of the implementation and delivery of the socio-economic programs extended by the GPH and other donors for the decommissioned MILF forces and their communities.

f. The IDB shall program the next 3S% of the verified, validated and registered MILF forces and weapons for Phase 3 after the assessment and evaluation of the implementation of the normalization processes.

g. The IDB shall identify the APAs for Phase 3 that shall serve as the areas for official verification, registration and decommissioning.

Phase 3

a. Identified APAs are prepared to receive the second batch (3S%) to be decommissioned.

b. Joint Normalization Committee - Joint Peace and Security Committee (JNC -JPSC) shall facilitate the movements of such MILF forces to the assembly areas.

c. IDB shall · supervise the on-site temporary storage of the decommissioned weapons.

d. The JNC shall conduct on-site verification of the implementation and delivery of the sustainable socio-economic programs extended by the GPH and other donors for the decommissioned MILF forces and their communities.

e. The IDB shall program the remaining verified, validated and registered MILF forces and weapons for Phase 4 after the assessment and evaluation of the implementation of the normalization processes.

f. The IDB shall identify the assembly areas for Phase 4 that shall serve as the areas for official verification, registration and decommissioning.

Phase 4

a. Identified APAs are prepared to receive the remaining batch to be decommissioned.

b. Joint Normalization Committee - Joint Peace and Security Committee (JNC -JPSC) shall facilitate the movements of such MILF forces to the APAs.

c. The remaining stage of decommissioning shall take place after the evaluation of the Panels with the participation of the Third Party Monitoring Team (TPMT) and Facilitator that all the commitments of the parties have been completed.

d. IDB shall supervise the process by which decommissioned weapons shall be put beyond use.

e. The JNC shall conduct on-site verification of the implementation and delivery of the socio-economic programs extended by the GPH and other donors for the decommissioned BIAF members and their communities.

1. MOVEMENT AND CONCENTRATION OF FORCES

For this purpose, comprehensive plans, timelines and routes for the movement and concentration of forces shall be provided by MILF to the IDB.

The GPH shall give information to the IDB on the comprehensive plans and timeline for the redeployment of the AFP.

The movement of all MILF combatants and weapons to the APAs shall be carried out in consultation with the IDB and in coordination with the ceasefire mechanisms.

The Parties shall undertake measures to promote and guarantee free movement and create an environment free of fear and of intimidation.

2. ASSEMBLY AND PROCESSING AREA (APA)

2.1 In accordance with the commitment referred to in the Framework Agreement on the Bangsamoro (FAB) and relevant documents (see References), MILF combatants and their weapons shall, in a sequence agreed upon between the MILF and the IDB, be confined within designated APA sites for registration, verification and decommissioning of forces and weapons.

The APA shall be based on comprehensive planning and preparation before implementation.

The GPH shall provide services to the combatants in the APA.To ensure implementation there shall be good communication and available supplies and logistics.

The IDB shall have access to any and all APA site_s for the purposes of verification and monitoring.

To ensure the safety of both monitors and MILF forces, no improvised explosive devices or crude bombs shall be brought inside the APA sites.

2.2 IDB-VMAT Responsibilities

There shall be six (6) to twelve (12) APA sites.

Each site shall be under the supervision of the IDB-VMAT Commander.

IDB-VMAT Commander is the person appointed by the IDB to exercise Tactical Control over the IDB installations on the APA site and its personnel, including the secured arms storage area.

His/her responsibilities include:

(1) Area security, including access to and control of the APA;

(2) Secured arms storage area security, including access to and control of the site with the permission of the IDB Chair;

(3) Ensuring the security, freedom of movement and well-being of IDB and associated personnel, goods and services;

(4) Maintenance of discipline,morale and training;

(5) Assist in registration and verification of MILF combatants at APA sites.

2.3 BIAF Commander's Responsibilities

The relevant BIAF Commander shall provide the following information to the IDB:

(1) BIAF Command structure for the unit and sub-units plotted on a map;

(2) Names of BIAFcommanders down to company level;

(3) Complete list of personnel;

(4) Complete list of weapons, i.e., types, numbers, serial number and calibre registered at the APA sites;

(5) Ammunition inventory type, lot number and amount;

and,

(6) List of names for the BIAF involved in site security and their disposition.

2.4 The JPSTunit under the supervision of t he IDB-VMAT shall be in charge of the security of the inner perimeter and assist the IDB-VMAT Commander in the following:

(1) APA security, including access to and control of the site;

(2) Ensuring the security, freedom of movement and well-being of IDB and associated

personnel, goods and services;

(3) Registration and verification of MILF combatants at APA sites.

2.5 Registration and verification of MILF weapons and combatants at APA

All MILF combatants will be registered and verified by the IDB at the APA sites.

This registration will include the following information:

name, age, sex, rank, responsibilities within the unit/formation, date of entry into service and will provide the basis for a complete list of personnel.

MILF combatants will be registered regardless if they are in possession of weapons or not.

All weapons turned in shall be categorized by make, model

and condition.

As part of this registration, all MILF combatants will be issued an identity card.

This identity card may be used to access programs for decommissioned MILF members.

2.6 Weapons storage and control

The Parties agree upon the safe storage of all MILF weapons and ammunition in agreed secured arms storage areas under the supervision, control and monitoring of the IDB.

The secured arms storage area will be secured by the following system:

(1) A fence will surround the specified area, including a gate with a lock.

There will be signs on the fence clearly identifying the restricted area.

(2) The weapons storage depot will be a suitable and marked infrastructure furnished with shelves for safe weapons storage and easy control, and with a complete inventory (weapon type, calibre and serial number).

(3) A single lock provided by the IDB will secure the storage.

The key will be held by the designated IDB personnel.

A 24-hour surveillance camera provided by the IDB will cover the storage site and will be monitored from the IDB office.

Floodlights will be switched on automatically during hours of darkness.

(4) The IDB will provide an inspection registration device mounted on the infrastructure indicating when the storage has been opened.

(5) An alarm system provided by the IDB will be connected to sirens in both the IDB office and the area commander's office.

The system will be activated if the storage door is opened without a "safe button" having been switched off in connection with regular inspections.

(6) A unit of theJPST under the supervision of the IDB-VMAT shall secure the arms storage area.

(7) The IDB shall carry out the inspections of the arms storage area and containers.

The IDB shall periodically review the security requirements of the temporary storage area on the basis of a shared security threat or when appropriate the transfer to a more permanent storage area.

The IDB shall monitor these commitments with a full-time presence at the secured arms storage area.

2.7 Secured Arms Storage Area

The Joint Peace and Security Committee (JPSC) will assign the Joint Peace and Security Teams (JPSTs) to secure the area.

The assigned units will be under the tactical control of the IDB-VMAT Commander.

The JPST units will commence operations whenever decided by the

IDB headquarters.

VI. REPORTING

The IDB shall submit reports to the Parties in compliance with the decommisioning process.

VII. COMMUNICATION PLAN

The IDB shall formulate a communication plan on the decommissioning process.

VIII.

VIOLATION

Any act that contravenes the agreements mentioned in the References and this Protocol shall constitute a violation.

IX. EFFECTIVITY

This agreement shall come into force upon signature.

Signed on 29 January 2015 in Kuala Lumpur, Malaysia.

For the GPH:

PROF.

MIRIAM CORONEL-FERRER, GPH Panel Chair

For the MILF:

MOHAGHER IQBAL, MILF Panel Chair

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB GHAFAR TENGKU MOHAMED, Malaysian Facilitator