Statement by the Joint Monitoring Committee

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Statement by the Joint Monitoring Committee
Date: 15 Apr 2004
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: Implementation/renegotiation
Conflict nature: Government
Peace process: Philippines-NDF process
Parties: Carlos P. Medina Jr, Chairperson, GRP-MC

Fidel V Agcaoili, Chairperson NDFP-MC
Third parties: -
Description: The Joint Statement lists the members forming the Committee and the Secretariat, tasked to monitor the implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law. The official conveneing of the repective nominees to the JMC Joint Secretariat completes the process for the operation of Part V of the CARHRIHL.

Agreement document: PH_040415_Statement of the JMC.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: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 1,
The formation, operationalization and organizational meeting of the JMC is one of the important breakthroughs of the first two rounds of formal talks between the GRP and the NDFP held in Oslo, Norway on February 10-14, 2004 and March 30-April 2, 2004. Its formation is in accordance with the implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) which became effective on August 7, 1998.

Page 1,
[...]
The official convening of their respective nominees to the JMC Joint secretariat completes the process for the operation of Part V of the CARHRIHL. The JMC, the interim body to monitor the implementation and achieve the purposes of the CARHRIHL and the investigation of any reported violations thereof, is in place.

Page 1,
[...]
The JMC Joint Secretariat shall receive complaints and reports of human rights violations and violations of international humanitarian law. It will be composed of five respective nominees each by the GRP and the NDFP/

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: UN Peacemaker http://peacemaker.un.org/philippines-monitoring-committee2004

STATEMENT BY THE JOINT MONITORING COMMITTEE

Formed to monitor the implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAHRIHL)

April 15, 2004

The Government of the Republic of the Philippines-Monitoring Committee (GRP-MC) and the National Democratic Front of the Philippines-Monitoring Committee (NDFP-MC) today formally convened the Joint Secretariat of the Joint Monitoring Committee (JMC) at the Catholic Bishops Conference of the Philippines (CBCP) compound in Intramuros, Manila, Philippines.

The formation, operalization and organizational meeting of the JMC is one of the important breakthroughs of the first two rounds of formal talks between the GRP and the NDFP held in Olo, Norway on February 10-14, 2004 and March 30-April 2, 2004.

Its formation is in accordance with the implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAHRIHL) which became effective on August 7, 1998.

The JMC held a meeting to discuss the setting up of an office, budget, personnel, office procedures and other matters with respect to its Joint Secretariat as well as the date and venue of the next JMC meeting.

The official convening of their respective nominees to the JMC Joint Secretariat completes the process of Part V of the CAHRIHL.

The JMC, the interim body to monitor the implementation and achieve the purposes of the CAHRIHL and the investigation of any reported violations thereof, is in place.

The JMC Joint Secretariat shall receive complaints and reports of human rights violations and violations of international humanitarian law.

It will be composed of five respective nominees each by the GRP and the NDFP.

The Joint Monitoring Committee is co-chaired by Prof. Carlos P. Medina Jr. for the GRP and Fidel V. Ageaolli for the NDFP.

Other Members of the JMC include Atty.

Edgardo B. Gayos and Atty.

Robert L. Larga for the GRP and Coni K. Ledesma and Danilo F. Borjal for the NDFP.

Sitting as NDFP-nominated independent Observers to the JMC are Supreme Bishop Tomas A. Millamena and Marie Hilao-Enriquez.

The two GRP-nominated independent Observers are Mercedes Contrereas Danenberg and Mary Aileen Bacalso.

The JMC Joint Secretariat is composed of Panel Executive Director Ma.

Carla Munsayac-Villarta, Fe A, Oaingm Linda Canete, Sandra Garcia and Atty.

Ma.

Ngina, Teresa Chan-Gonzaga as independent-nominees by the GRP, and legal consultant Atty.

Edre U. Olalia, Marissa P. Dumanjug-Palo, Irein M. Cuasay, Rosie M. Tumbagahon and Levie C. Ebio as independent-nominees by the NDFP.

His Excellency Ambassador Paul Moe of the Royal Norwegian Government which is acting as a Third Party Facilitator to the ongoing peace talks between the GRP and the NDFP graced the occasion.

CARLOS P. MEDINA JR, Chairperson, GRP-MC

FIDEL V.AGCAOILI, Chairperson, NDFP-MC