Terms of Reference for the Joint Normalization Committee
- Country/entityPhilippines
Mindanao - RegionAsia and Pacific
Asia and Pacific - Agreement nameTerms of Reference for the Joint Normalization Committee
- Date22 Mar 2014
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureGovernment/territory
- Peace processPhilippines - Mindanao process
- PartiesMiriam Coronel Ferrer, GPH Panel Chair;
Mohagher Iqbal, MILF Panel Chair - Third partiesWitnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
- DescriptionAgreement by the Parties regarding the Terms of Reference (TOR) for the Joint Normalization Committee (JNC), providing for the mandate, composition, organization, functions, which include overseeing and coordinating during normalization process throughout the transitional period, funding, and for a periodic review of this TOR. The Parties also agreed the JNC would continue to exist until the signing of an Exit Agreement, with possibilities for extension beyond the Exit Agreement.
- Agreement document
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
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
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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 1, II. Mandate - The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization. Its objective is to establish a functional system and effective mechanisms for coordinating all components of the normalization process.
Page 1, III. Composition - The JNC shall be created by the GPH and the MILF Negotiating Panels. It shall be composed of six (6) members. It shall be co-chaired by designated representative of the GPH and the MILF, respectively. Both Panels will designate two (2) representatives each to sit as members.
Page 2, V. Functions
1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;
Page 2, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;
Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;
Page 2, V. Functions
12. Coordinate all other processes in normalization and perform such other functions as may be directed by the Panels.
Page 2, VI. Duration - the JNC shall continue to exist until the signing of the Exit Agreement. Based on need, the Parties may choose to extend the operations of the JNC.
Page 3, VIII. Funding
1. The GPH shall provide funds for the operation of the JNC. Regular funding for the operations of the JNC shall be sourced through a Bangsamoro normalization fund mechanism.
Page 3, XI. Review and Amendment - The Parties shall conduct a periodic review of this TOR. Either party may propose amendments to this TOR and shall be effective upon approval of the Parties.
Page 3, VIII. Funding
2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization mechanism. The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the normalization process. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International fundsPage 3:
2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization fund mechanism. The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the normalization process. - 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 GuaranteesPage 2, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;
Page 2, V. Functions
4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on Normalization;
Page 2, V. Functions
5. Supervise the transitional security arrangements through the JPSC; - CeasefireSecurity sector→Ceasefire→General commitmentsPage 2. IV. Organization
2. JNC personnel shall be covered by the agreement on the General Cessation of Hostilities dated July 18, 1997 and its Implementing Operational Guidelines.
Page 2, V. Functions
9. Coordinate with the GPH and MILF Coordinating Committees on the Cessation of the Hostilities (CCCHs) and Ad Hoc Joint Action Group (AHJAG) on matters relevant to the work of the JNC; - PolicePage 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro; - Armed forcesPage 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro; - DDRSecurity sector→DDR→DDR programmesPage 1, II. Mandate - The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization. Its objective is to establish a functional system and effective mechanisms for coordinating all components of the normalization process.
Page 1, III. Composition - The JNC shall be created by the GPH and the MILF Negotiating Panels. It shall be composed of six (6) members. It shall be co-chaired by designated representative of the GPH and the MILF, respectively. Both Panels will designate two (2) representatives each to sit as members.
Page 2, V. Functions
1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;
Page 2, V. Functions
2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons.
Page 2, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;
Page 2, V. Functions
4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on Normalization;
Page 2, V. Functions
5. Supervise the transitional security arrangements through the JPSC;
Page 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;
Page 2, V. Functions
7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);
Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;
Page 2, VI. Duration - the JNC shall continue to exist until the signing of the Exit Agreement. Based on need, the Parties may choose to extend the operations of the JNC.
Page 3, XI. Review and Amendment - The Parties shall conduct a periodic review of this TOR. Either party may propose amendments to this TOR and shall be effective upon approval of the Parties. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 2, V. Functions
7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);
~
Page 2, V. Functions
2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons.
Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities; - 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 signatoryWitnessed by: Tengku Dato' Ab Ghafar Tangku Mohamed, Malaysian Facilitator
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceOffice of the Presidential Adviser on the Peace Process (2014) Terms of Reference for the Joint Normalization Committee, https://peace.gov.ph/tag/joint-normalization-committee/ (Accessed 6 October 2020).
TERMS OF REFERENCE FOR THE JOINT NORMALIZATION COMMITTEE
I. REFERENCES
1. The Framework Agreement on the Bangsamoro signed by the Parties on October 15, 2012.
2. The Annex on Normalization signed by the Parties on January 25, 2014.
II. MANDATE
The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization.
Its objective is
to establish a functional system and effective mechanisms for coordinating all components of the normalization process.
Ill. COMPOSITION
The JNC shall be created by the GPH and the MILF Negotiating Panels.
It shall be composed of six (6) members.
It shall be cochaired by designated representatives of the GPH and the MILF, respectively.
Both Panels will designate two (2) representatives each to sit as members.
IV. ORGANIZATION
1. The JNC shall organize a secretariat and support staff commensurate to its technical, operational and administrative requirements.
The
JNC may promulgate its own internal rules of operation consistent with this Terms of Reference (TOR).
2. JNC personnel shall be covered by the Agreement on the General Cessation of Hostilities dated July 18, 1997 and its Implementing Operational Guidelines.
The JNC shall have its primary office in Cotabato City.
It may establish field offices in strategic locations in Mindanao to effectivly carry out its functions.
V. FUNCTIONS
1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;
2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons;
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and
informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;
4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on
Normalization;
5. Supervise the transitional security arrangements through the JPSC;
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;
7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);
8. Coordinate and support dispute resolution initiatives on the ground;
9. Coordinate with the GPH and MILF Coordinating Committees on the Cessation of the Hostilities (CCCHs) and Ad Hoe Joint Action Group
(AHJAG) on matters relevant to the work of the JNC;
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;
11. Resolve all disputes arising from the implementation of the normalization process before elevation to the Panels;
and
12. Coordinate all other processes in normalization and perform such other functions as may be directed by the Panels.
VI. DURATION
The JNC shall continue to exist until the signing of the Exit Agreement.
Based on need, the Parties may choose to extend the
operations of the JNC.
VII. REPORTS AND RECOMMENDATIONS
1. The JNC shall submit periodic reports to the Panels on the progress of its work.
2. All other agencies, committees, and bodies directly involved in the GPH-MILF peace process and the normalization process may be provided copies of the reports through the Panels.
VIII.
FUNDING
1. The GPH shall provide funds for the operation of the JNC.
Regular funding for the operations of the JNC shall be sourced through a Bangsamoro normalization fund mechanism.
2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization fund mechanism.
The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the normalization process.
IX. REVIEW AND AMENDMENT
The Parties shall conduct a periodic review of this TOR.
Either party may propose amendments to this TOR and shall be effective upon
approval of the Parties.
Done this 22nd day of March 2014 in Kuala Lumpur, Malaysia.
FOR THE GPH:
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