Terms of Reference for the Independent Decommissioning Body

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference for the Independent Decommissioning Body
Date: 22 Mar 2014
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/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 on the Terms of Reference (TOR) for the Independent Decommissioning Body (IDB), providing for the mandate, composition, and functions, which include overseeing, coordinating, and implementing the disarmament and normalization of BIAF forces. The Parties agreed that additional protocols may be issued regarding the implementation of decommissioning, as well as the IDB will exist until an Exit Agreement is reached, though the IDB will be subject to periodic reviews.

Agreement document: PH_140322_ToR for IDB.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: Page 3, XI. Freedom of Movement - In the performance of their functions, the freedom of movement of the seven (7) members of the IDB shall be guaranteed by the Parties.
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, IV. Functions
5. Coordinate with the Joint Normalization Committee on the other aspects of normalization.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2, VIII. Funding
1. The salaries and allowances of the foreign experts shall be shouldered by their respective governments. The funding for the operations of the IDB shall be independently sources as jointly determined by the Parties. The IDB may source funds from development partners.
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: Security sector→DDR→DDR programmes
Page 1, II. Mandate - The Independent Decommissioning Body (IDB) shall oversee the process of decommissioning of the MILF forces and weapons.

Page 1, III. Composition - The IB shall be composed of three (3) foreign experts including the chairperson, and four (4) local experts jointly nominated by the Parties [...]

Page 1, IV. Functions
1. Conduct inventory, verification and validation of Bangsamoro Islamic Armed forces (BIA) members, arms and weapons;

Page 1, IV. Functions
2. Develop and implement a schedule of decommissioning of BIAF forces;

Page 1, IV. Functions
3. Plan, design, and implement techniques and technologies for weapons collection or retrieval, transport, and storage and putting weapons beyond use in accordance with the agreement of the Parties;

Page 1, IV. Functions
4. Ensure that all the necessary steps and processes for decommissioning are complied with by the Parties;

Page 1, IV. Functions
5. Coordinate with the Joint Normalization Committee on the other aspects of normalization.

Page 2, V. Reporting
1. The IDB shall report on the progress of its work to the Panels, taking into account the phases of decommissioning agreed upon by the Parties.

Page 2, V. Reporting
2. The IDB shall submit its terminal report to the Panels, which shall contain a certification of the completion of the decommissioning process.

Page 2, VII. Additional Protocols - the Panels may agree to issue additional protocols for the implementation of decommissioning, in consultation with the IDB.

Page 2, VIII. Funding
2. To address the problem of a possible gap between the formal establishment of the IDB and its long-term funding support, the Panels undertake to find modalities for short-term bridge funding for the initial activities of the IDB. Potential partners of the IDB may indicate how they would cover any "bridge" period.

Page 2, IX. Duration - The IDB shall be organized by the Parties not later than one month after the acceptance of the states providing the foreign experts. It shall continue to exist until an Exit Agreement is reached.

Page 3, XII. 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 1, II. Mandate - The Independent Decommissioning Body (IDB) shall oversee the process of decommissioning of the MILF forces and weapons.

Page 1, IV. Functions
1. Conduct inventory, verification and validation of Bangsamoro Islamic Armed forces (BIA) members, arms and weapons;

Page 1, IV. Functions
2. Develop and implement a schedule of decommissioning of BIAF forces;

Page 1, IV. Functions
4. Ensure that all the necessary steps and processes for decommissioning are complied with by the Parties;

Page 1, IV. Functions
5. Coordinate with the Joint Normalization Committee on the other aspects of normalization.
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 Tengku 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: On file with author. Also available at: Independent Decommissioning Body (n.d.) IDB TERMS OF REFERENCE, https://static1.squarespace.com/static/5c4fc6b74eddeccdf38f0619/t/5c8b822fa4222f26940768a3/1552646715952/Terms+of+Reference+for+the+Independent+Decommissioning+Body+%28IDB%29+Mar+22%2C+2014.pdf (Accessed 31 January 2020).

THE TERMS OF REFERENCE

FOR THE INDEPENDENT DECOMMISSIONING BODY

I. REFERENCES

The Framework Agreement on the Bangsamoro signed by the Parties on October 15, 2012.

The Annex on Normalization signed by the Parties on January 25, 2014.

II. MANDATE

The Independent Decommissioning Body (IDB) shall oversee the process of decommissioning of the MILF forces and weapons.

III. COMPOSITION

The IDB shall be composed of three (3) foreign experts including the chairperson, and four (4) local experts jointly nominated by the Parties.

The Parties shall invite three (3) states to provide the foreign experts.

The Panels shall mutually agree on the states that shall provide the foreign experts.

IV. FUNCTIONS

Conduct inventory, verification and validation of Bangsamoro Islamic Armed Forces (BIAF) members, arms and weapons;

Develop and implement a schedule of decommissioning of BIAF forces;

Plan, design, and implement techniques and technologies for weapons collection or retrieval, transport, and storage and putting weapons beyond use in accordance with the agreement of the Parties;

Ensure that all the necessary steps and processes for decommissioning are complied with by the Parties;

and

Coordinate with the Joint Normalization Committee on the other aspects of normalization.

V. REPORTING

The IDB shall report on the progress of its work to the Panels, taking into account the phases of decommissioning agreed upon by the Parties.

The 1DB shall submit its terminal report to the Panels, which shall contain a certification of the completion of the decommissioning process.

VI. ADMINISTRATIVE AND SUPPORT ARRANGEMENTS

The 1DB shall have an office and support staff/secretariat commensurate to its technical, operational and administrative requirements.

VII. ADDITIONAL PROTOCOLS

The Panels may agree to issue additional protocols for the implementation of decommissioning, in consultation with the IDB.

VIII.

FUNDING

The salaries and allowances of the foreign experts shall be shouldered by their respective governments.

The funding for the operations of the IDB shall be independently sourced as jointly determined by the Parties.

The IDB may source funds from development partners.

To address the problem of a possible gap between the formal establishment of the IDB and its long-term funding support, the Panels undertake to find modalities for short-term bridge funding for the initial activities of the IDB.

Potential partners of the IDB may indicate how they would cover any "bridge" period.

IX. DURATION

The 1DB shall be organized by the Parties not later than one month after the acceptance of the states providing the foreign experts.

It shall continue to exist until an Exit Agreement is reached.

X. CONFIDENTIALITY

All information, data, or opinions gathered, generated or exchanged in connection with the work of the IDB are confidential and may not be divulged to any organization, individual, or entity.

IDB members and their staff, as well as persons working for or giving advice to the IDB, shall be bound not to disclose any information obtained in the course of the performance of their functions.

XI. FREEDOM OF MOVEMENTIn the performance of their functions, the freedom of movement of the seven (7) members of the IDB shall be guaranteed by the Parties.

XII. REVIEW AND AMENDMENTThe 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:

(signed)

MIRIAM CORONEL FERRER

GPH Panel Chair

FOR THE MILF:

(signed)

MOHAGHER IQBAL

MILF Panel Chair

SIGNED IN THE PRESENCE OF:

(signed)

TENGKU DATO' AB GHAFAR TENGKU MOHAMED

Malaysian Facilitator

Terms of Reference for the Independent Decommissioning Body

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

Source agreement