Terms of Reference for the Independent Decommissioning Body

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  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 - ) )
• 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 | 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

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