Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001
Date
7 Aug 2001
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 GRP: Irene M. Santiago, GRP Technical Committee Acting Chairperson; For the MILF:
Atty. Musib M. Buat, MILF Technical Committee Chairperson
Third parties
Attested by: Atty. Jesus G. Dureza, GRP Peace Panel Chairman; Al Haj Murad Ebrahim, MILF Peace Panel Chairman
Description
Agreement provides an overall implementation framework for the 2001 Tripoli Agreement's Security Aspects by defining prohibited and provocative hostile acts that will impede the ceasefire and peace process, establishing Local Monitoring Teams (LMTs), a Quick Response Team (QRT), and an Independent Fact-Finding Committee (IFFC) to replace the Interim Ceasefire Monitoring Team. Annex A provides for the composition and functions of the Independent Fact-Finding Committee (IFCC), Annex B operationalizes the Quick Response Team (QRT), and Annex C provides a table that displays the structure of the implementation mechanisms.
Main category
Page 6, Article IV. Safety and Security Guarantees
3. MILF members covered by paragraph 1 above shall not be restrained or arrested, searched, seized and harassed on their persons and property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses.

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
Violence against women→Sexual violence
Page 6, Article IV. Safety and Security Guarantees
3. MILF members covered by paragraph 1 above shall not be restrained or arrested, searched, seized and harassed on their persons and property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses.
Transitional justice

No specific mention.

Institutional reform

No specific mention.

Development

No specific mention.

Implementation

No specific mention.

Other

No specific mention.

In the Name of God, the Beneficent, the Merciful

Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001

ARTICLE I

TERMS OF REFERENCE

1. GRP-MILF Agreement for General Cessation of Hostilities dated July 18, 1997, including its Implementing Administrative Guidelines dated September 12, 1997 and Implementing Operational Guidelines dated November 14, 1997.

2. General Framework of the Agreement of Intent Between the GRP and the MILF dated August 27, 1998.

3. GRP-MILF Agreement on Safety and Security Guarantees dated March 09, 2000.

4. Agreement on the General Framework for the Resumption of Peace Talks between the GRP and the MILF signed on March 24, 2001 at Kuala Lumpur, Malaysia.

5. Agreement of Peace between the GRP and the MILF signed on June 22, 2001 at Tripoli, Libya.

ARTICLE II

DEFINITION OF TERMS

The following terms shall mean as follows:

1. GRP Forces Ð as referred to in the GRP-MILF Agreement for the General Cessation of Hostilities signed in Cagayan de Oro City on

July 18, 1997.

2. MILF Forces - as referred to in the GRP-MILF Agreement for the General Cessation of Hostilities signed in Cagayan de Oro City on

July 18, 1997.

3. Hostilities - is defined as aggressive or offensive military action such as aircraft bombing, artillery shelling, naval gunfire, attacks, raids, ambuscades, sabotage, and related actions such as kidnapping, hijacking of aircraft, vessels and vehicles, extortion, liquidation, arson, grenade throwing and other terroristic activities.

The prohibited hostile acts and prohibited provocative acts specifically enumerated under the Agreement for General Cessation of Hostilities-Implementing Operational Guidelines (AGCH-IOG-1997) are embraced in the term hostilities and are construed as such as of the entry into force (EIF) of this Agreement.

3.1.The following are considered prohibited hostile acts:

3.1.1.

Terroristic acts such as kidnapping, hijacking, piracy, sabotage, arson, bombings, grenade throwing, robberies,

liquidations/assassinations, unjustified arrest, torture, unreasonable search and seizure, summary execution, as well as

burning of houses, places of worship and educational institutions, destruction of properties, and abuse of civilians.

3.1.2.

Aggressive action such as attacks, raids, ambuscades, landminings, and offensive military actions such as shelling,

reconnoitering, and unjustified massing of troops.

3.1.3.

Establishment of checkpoints except those necessary for the GRP's enforcement and maintenance of peace and order;

and, for the defense and security of the MILF in their identified areas, as jointly determined by the GRP and MILF.

3.2. The following are considered prohibited provocative acts:

3.2.1.

Display of MILF flag in non-identified MILF areas.

3.2.2.

Providing sanctuary or assistance to criminal or lawless elements.

3.2.3.

Massive deployment and/or movement of GRP and MILF forces which are not normal administrative functions and

activities.

3.2.4.

Public pronouncements that will tend to undermine the sincerity or credibility of either party in implementing the cessation of hostilities.

3.2.5.

Other acts that endanger the safety and security of the people and their properties;

and/or that which contribute to the deterioration of peace and order, such as blatant display of firearms.

4. Henceforth, should there be a delineation of lines/positions agreed upon by the Parties, any action that projects forces or fire beyond one party's identified line/position shall be considered offensive military operations, which is prohibited under this Agreement.

5. OIC Monitoring Team - representatives of the member States of the Organization of Islamic Conference (OIC) as referred to in the Tripoli Peace Agreement dated June 22, 2001.

ARTICLE III

CESSATION OF HOSTILITIES AND SECURITY ARRANGEMENTS

1. The Parties shall commit their Armed Forces to a general cessation of hostilities pursuant to and in accordance with the Agreement for General Cessation of Hostilities of 1997 and its Implementing Administrative Guidelines dated September 12, 1997 and Operational Guidelines dated November 14, 1997, effective upon entry into force (EIF) of this Agreement.

2. The Parties agree to implement all necessary measures to normalize the situation in the conflict-affected areas, to pave the way for, and ensure successful rehabilitation and development of said areas.

3. The Coordinating Committee on Cessation of Hostilities (CCCH) of both Parties shall continue to perform their powers and functions in accordance with Rule III, Section 4, of the Implementing Administrative Guidelines of the GRP-MILF General Cessation of Hostilities (AGCH-IAG-1997) dated September 12, 1997.

4. Local Monitoring Teams (LMTs) are hereby established in all conflict-affected areas as mutually determined by the Parties.

4.1. To perform the functions of the Independent Fact Finding Committee (IFFC) provided under Rule IV, Section 4, of the Implementing Administrative Guidelines of the GRP-MILF Agreement for General Cessation of Hostilities herein referred to as annex A.

4.2. To perform the functions of the Quick Response Team (QRT) provided under the Agreement Creating a Quick Response Team dated March 11, 1998 herein referred to as annex B.

5. The Local Monitoring Team shall be composed of five members, one each from the following:

5.1. Representative from the Local Government Units, designated by the GRP;

5.2. Representative from the MILF Local Political Committee;

5.3. Representative from NGOs nominated by the GRP;

5.4. Representative from NGOs nominated by the MILF;

and

5.5. Representative from the Religious sector, chosen under mutual agreement;

and The LMTs shall designate their respective Chairman and Co-Chairman.

6. The Parties hereby invite representatives from the Organization of Islamic Conference (OIC), in particular Indonesia, Libya and Malaysia, and other interested OIC member States to observe and monitor the implementation of all GRP-MILF Agreements.

6.1. The OIC Monitoring Team shall formulate its guidelines, procedures and ground rules upon its constitution.

6.2. The Parties shall, upon request, provide the OIC Monitoring Team appropriate Technical and Administrative support, and security escorts in the performance of its functions.

7. The structure of the implementing mechanism on the Security Aspect of the Tripoli Peace Agreement of 2001 is attached as

annex C and shall form part of this Agreement.

8. The CCCH of each party shall, through their Panels, coordinate with the OIC Monitoring Team to address violations of this Agreement in addition to its powers and functions as provided for in Rule 3 of the Implementing Administrative Guidelines dated September 12, 1997.

9. Police and military actions and administrative/logistic activities shall continue to be undertaken by the GRP throughout Mindanao and the entire country.

In the pursuit thereof, confrontational situations between the GRP and MILF forces shall be avoided by prior coordination with the latter.

These actions include but are not limited to, the following:

9.1. Peacekeeping and police actions such as preventive patrols, investigations, arrest, searches and seizures undertaken by the Government against criminality, especially against piracy, robbery, kidnapping, cattle rustling, murder and other criminal acts.

9.2. Defensive or protective actions of the GRP to ensure the security of its forces, facilities, installations, equipment and lines of communications and the safety and tranquility of the civil government and the population.

9.3. Hot pursuit of suspects by police and military personnel.

Paramilitary/irregular forces shall not be allowed to engage in hot pursuit under the terms of this Agreement.

10. Defensive or protective actions shall also be undertaken by the MILF to ensure the security of its forces, facilities, installations, equipment and lines of communications and safety and tranquility of its civilian constituents.

11. In cases of alleged violations of this Agreement, the Parties shall refrain from taking offensive or punitive military actions of any type against each other without prior investigation

by the CCCH of both Parties in coordination with the OIC Monitoring Team.

ARTICLE IV

SAFETY AND SECURITY GUARANTEES

1. The Parties shall continue to respect and observe the provisions of the GRP-MILF Agreement of Safety and Security Guarantees dated March 9, 2000.

2. The safety and security guarantees extended by the Government to the MILF members who are directly and principally involved in the GRP-MILF Peace Talks signed on March 9, 2000 shall remain in full force and effect as a necessary safeguard for the conduct of the peace talks.

3. MILF members covered by paragraph 1 above shall not be restrained or arrested, searched, seized and harassed on their persons and property in connection with their participation or involvement in the peace talks, except in cases of commission of common crimes such as crimes against persons, chastity, property and other similar offenses.

4. The GRP and MILF Peace Panel Chairmen shall issue appropriate identification cards to MILF members covered by GRP-MILF Agreement of Safety and Security Guarantees.

ARTICLE V

EFFECTIVITY CLAUSE

This Agreement shall take effect upon signing.

Done on this 7th day of August 2001 at Putrajaya, Malaysia.

For the GRP:

IRENE M. SANTIAGO, Acting Chairperson, GRP Technical Committee

For the MILF:

ATTY.

MUSIB M. BUAT, Chairperson, MILF Technical Committee

Attested by:

ATTY.

JESUS G. DUREZA, Chairman, GRP Peace Panel

AL HAJ MURAD EBRAHIM, Chairman, MILF Peace Panel

(Annex "A")

RULE IV

COMPOSITION AND FUNCTIONS OF THE INDEPENDENT FACT-FINDING COMMITTEE (IFFC)

1. The INDEPENDENT FACT-FINDING COMMITTEE (IFFC) shall be composed of members from the Interim Cease- fire Monitoring Committee (ICMC) which shall be deemed terminated upon the creation and convening of the IFFC.

2. Notre Dame University Peace Center and Maguindanao Professionals and Employees Association (MAPEA) representatives shall act as Chairman and Vice Chairman, respectively, of the IFFC.

3. Additional membership to the IFFC may be made upon joint approval by the GRP and MILF Panels through their respective

CCCH.

4. The IFFC shall function under the following terms:

a. Conduct fact- finding inquiries on matters referred to it by either COORDINATING COMMITTEE, copy furnished the other COMMITTEE, on alleged violations/infractions of the provisions of this implementing guidelines and ground rules of the GRP-MILF AGCH.

b. Issue appropriate letters of invitation to persons whose declaration/statements may shed light on matters under consideration by the IFFC.

c. Coordinate with other offices and/or organization as may be necessary in the exercise of its functions/tasks.

d. Conduct inquiries and submit reports on the results of the inquiry supported by appropriate evidence to the CCCH with utmost dispatch.

All reports and proceedings shall be considered classified.

Only final reports and proceedings may be divulged to the public by either or both GRP and the MILF Panel.

e. Adopt such internal procedure as may be appropriate to enable it to expeditiously perform its task and submit the same to the CCCH for its notation and approval.

f. Employ the expertise of certain impartial persons or organizations in the performance of its assigned tasks.

g. Perform such other acts as may be jointly determined to be necessary by the CCCH for the accomplishment of its assigned tasks.

(Annex "B")

AGREEMENT

(Creating a Quick Response Team)

THE OPERATIONALIZATION OF THE QRT

1. The official office and Address of the QRT is at the Notre Dame University Peace Education Center in Colabato City.

Sub-offices on other areas may be opened as the need arises.

2. The QRT shall be composed of the following:

2.1. GRP Representatives, three (3) permanent members from the Secretariat of the GRP CCCH, three (3) alternative members;

2.2. MILF - Representatives, three (3) permanent members from the Secretariat of the MILF CCCH, three (3) alternative members;

2.3. IFFC principals:

one representative each from the Notre Dame University (NDU), Maguindanao Professionals, and Employees Association Inc. MAPEA and Cotabato City Media Multi-Purpose Cooperative (CCMMPC).

Additional membership to the IFFC may be made upon joint approval by the GRP and MILF Panels through their respective CCCH.

The names of the alternate members to the QRT will be submitted as soon as possible.

The QRT can avail itself of assistance from the following in the performance of its duties:

a. The AFP Commander in the area concerned;

b. The PNP Provincial Director of the Province concerned:

c. The MILF Commander or any other Officers operating in the area;

and

d. The POCs in the Region, Province and Municipality concerned.

3. The QRT shall immediately addressed a reported conflict/confrontation between the GRP and the MILF forces.

The reports may come from any of the following sources:

GRP Panel and MILF Panel and the IFFC.

4. Upon receipt of the report, the QRT Chairman shall immediately convene the QRT, make proper presentation to the two principals and coordinate with the local commanders through the official representatives of both the GRP and the MILF regarding the quick response.

It may conduct ocular inspections to assess and defuse the tension of the conflict.

5. The GRP and MILF CCCH shall convene immediately to assess and respond to the reports and findings of the QRT.

(Annex "C")

STRUCTURE OF THE IMPLEMENTING MECHANISM UNDER THE DRAFT IMPLEMENTING GUIDELINES ON THE SECURITY ASPECT OF THE

TRIPOLI AGREEMENT OF 2001