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Terms of Reference for the Joint Normalization Committee

  • Country/entity

    Philippines
    Mindanao
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Terms of Reference for the Joint Normalization Committee
  • Date

    22 Mar 2014
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Philippines - Mindanao process
  • Parties

    Miriam Coronel Ferrer, GPH Panel Chair;
    Mohagher Iqbal, MILF Panel Chair
  • Third parties

    Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
  • Description

    Agreement 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.


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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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 funds
    Page 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 Guarantees
    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;
  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 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;
  • Police
    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;
  • Armed forces
    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;
  • DDR
    Security sector→DDR→DDR programmes
    Page 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 forces
    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
    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 signatory
    Witnessed 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.

  • Source
    Office 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