Implementing Guidelines on the Joint Communiqué of 6 May 2002

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Implementing Guidelines on the Joint Communiqué of 6 May 2002
• Date

  15 Feb 2012
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
• Stage

  Renewal
• Conflict nature

  Government/territory
• Peace process

  Philippines - Mindanao process
• Parties

  Marvic M.V.F. Leonen, GPH Panel Chairman;
  Mohagher Iqbal, MILF Panel Chairman
• Third parties

  Signed in the presence of: Tengku Dato' Ab Ghafar Bin Tengku Mohamed, Malaysian Facilitator
• Description

  Agreement that provides the renewal of the Ad Hoc Joint Action Group (AHJAG) that was established in the 6 May 2002 Joint Communique to pursue and apprehend criminal elements that function outside of the AFP/PNP and MILF/BIAF. Agreement provides for terms of reference, objective, scope, definition of terms, mechanics of implementation, composition of the AHJAG, and duration of the mandate, which is for a period of twelve (12) months, renewable on a yearly basis by the Parties.

• Agreement document

  PH_020215_Implementing Guidelines on Joint Communique.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

IN THE NAME OF GOD, THE BENEFICENT, THE MERCIFUL

IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2002

TERMS OF REFERENCE

A. 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.

B. Agreement on Peace between the GPH and the MILF signed on 22 June 2001 in Tripoli, Libya.

C. Implementing Guidelines on the Security Aspect of the GPH-MILF Tripoli Agreement on Peace of 2001 signed on 07 August 2001 in Putrajaya,

Malaysia.

D. Joint Communique between the GPH and the MILF signed on 06 May 2002 in Cyberjaya, Malaysia.

II OBJECTIVE/PURPOSE

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 related 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.

III SCOPE

These Implementing Guidelines apply only to operations against criminal syndicates/kidnap-for-ransom groups, lost commands and other criminal

elements 'Nithin MILF areas/communities.

I\/ 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).

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 8 and turning them over to the AHJAG.

F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG.

G. MILF Areas/Communities - refer to the places in Mindanao identified by the GPH and MILF Peace Panels where the MILF elements are situated .

V ORGANIZATION/COMPOSITION OF THE AHJAG

A. The AHJAG shall be composed of eight (8) members, four (4) from the GPH 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 Maguindanao, North Cotabato, Bukidnon, and all cities located therein;

• AHJAG Team 2:

Provinces of Lanao del Sur, Lanao del Norte, and all cities located therein;

• AHJAG Team 3:

Provinces of Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay, and all cities located therein ;

• AHJAG Team 4:

Provinces of Sultan Kudarat, South Cotabato, Sarangani, and all cities located therein ;

and

• AHJAG earn 5:

Provinces of Davao del Norte, Davao del Sur, Davao Oriental, Compost I Valley, and all cities located therein .

C. An AHJAG Team as organized shall be composed of at least four (4) members.

two from the GPH 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 mission, and shall readily be available at short notice.

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 further shall provide information.

as available, on other suspected crimina l 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.

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.

6. Except for operations against high priority targets, a list of which shall be provided by the GPH Panel to the MILF Panel, the AHJAG shall inform the GPH 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 GPH 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.

VII GENERAL GUIDELINES FOR THE IMPEMENTING UNIT

1. In the process of implementing its functions, the implementing unit of the GPH-MILF, shall ensure the safety of the life of the civlian 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 GPH-MILF Peace Panels for disposition.

VIII EFFECTIVITY

The mandate of the AHJAG shall be for a period of twelve (12) month , renewable on a yearly basis upon agreement of the Parties.

Done this 15th day of February 2012 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MARVIC M.V.F. LEONEN

FOR THE MILF:

MOHAGHER IQBAL, MILF Panel Chairman

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB GHAFAR BIN TENGKU MOHAMED