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Terms of Reference on the Establishment of the Bangsamoro Normalization Trust Fund (BNTF)

  • Country/entity

    Philippines
    Mindanao
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Terms of Reference on the Establishment of the Bangsamoro Normalization Trust Fund (BNTF)
  • Date

    30 May 2016
  • 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

    Page 3:
    FOR THE GPH:    

    MIRIAM CORONEL FERRER
    GPH Panel

    FOR THE MILF:
    MILF Panel



    FOR THE MILF:
    MOHAGHER IQBAL
    MILF Panel
  • Third parties

    Page 3: Signed in the presence of Tengku Dato’Ab Ghafar Tengku Mohamed Malaysian Facilitator
  • Description

    The document describes the purpose and structure of the Bangsamoro Normalization Trust Fund, with secions on objectives, fund governance, funding sources, and duration of the fund.


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
    Groups→Racial/ethnic/national group→Substantive
    Page 1,
    III. OBJECTIVE AND PURPOSE OF THE BNTF
    ...The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction and development of Bangsamoro communities and other vulnerable sectors , including those of decommissioned MILF combatants as identified by the Parties.
  • Religious groups

    No specific mention.

  • Indigenous people
    Groups→Indigenous people→Substantive
    Page 1,
    III. OBJECTIVE AND PURPOSE OF THE BNTF
    ...The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction and development of Bangsamoro communities and other vulnerable sectors , including those of decommissioned MILF combatants as identified by the Parties.
  • 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.  OVERVIEW

    The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework  Agreement  on the Bangsamoro  (FAB) and its Annex on Normalization through which urgent support , recurrent  and investment budget cost will be released with efficiency, transparency and accountability in support of the process of  normalization ,  whereby  former combatants , their communities, and other vulnerable sectors can achieve  their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society . It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic  Liberation  Front (MILF) and the international community to the full implementation of the Comprehensive Agreement  on the Bangsamoro (CAB).

    This document sets out the parameters within which the BNTF shall be established and organized.


    III.  OBJECTIVE AND PURPOSE OF THE BNTF

    The objective of the BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner. The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end view of transforming these areas into peaceful and productive communities.

    The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction  and  development  of  Bangsamoro  communities  and  other  vulnerable
    sectors , including those  of  decommissioned  MILF  combatants  as  identified  by the Parties.

    It is expected that the BNTF will :

    (continued on page 2)

    i.    Attract and  mobilize  international  resources  through  this funding  mechanism in support of the Normalization process. It may also accept contributions from the domestic private sector when there is no conflict of interest and when applicable regulations allow;

    ii.    Enhance donor coordination for financing and policy dialogue ;

    iii.    Promote capacity-building over time;

    iv.    Provide funding  for  elements  of the  Normalization  process, as  identified by the  Parties;

    v.    Promote efficiency, transparency  and accountability  in the utilization of funds and implementation of programs and projects;

    vi.    Provide predictability in the financing of the Normalization process;

    vii.    Exert effort to align itself with the Bangsamoro Development Plan.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    This agreement sets out the purpose and structure of the Bangsamoro normalization Trust Fund, which is primarily funded from international sources.

    Page 2:
    IV.    FUND GOVERNANCE AND  MANAGEMENT

    1.    Oversight  Body

    The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the BNTF. It shall be responsible for the strategic direction and guidance for the BNTF. Either Party may exercise veto power on decisions made by the Steering Committee .

    2.    Steering Committee

    There shall be a Steering Committee that shall provide policy guidance for the BNTF. It shall be responsible for management directions, and shall make decisions on which programs and projects to fund as well as on the acceptance of donations, as guided by the provisions of the Annex on Normalization.

    The following shall be members of the Steering Committee : Two representatives from the GPH;
    Two representatives from the MILF; Representatives from donor agencies ; and One representative from the Fund Manager.
    One of the representatives from the GPH and the MILF shall serve as Co-Chairs.     
    Expansion of the members. for the committee shall be open as agreed by the Parties.

    It shall meet once in every quarter, and release annual reports on the BNTF's operations , and the status and utilization of the Fund. When necessary, any Co-Chair may call for a special meeting.

    3.    Fund Manager

    The BNTF shall be administered by a Fund Manager that shall be mutually identified by the Parties. The Fund Manager shall receive policy guidance and direction from the Steering Committee , and provide accountability for the utilization of the BNTF. It

    (continued on Page 3)

    shall implement measures to ensure transparency and efficiency in the mobilization and utilization of resources.

    Financing for the Fund Manager shall be sourced from the BNTF. The Fund Manager shall report regularly and as necessary to the Steering Committee.

    4.   Secretariat

    The Steering Committee shall be supported by a Secretariat , whose operations shall likewise be supported by the BNTF.  The Secretariat shall provide technical and administrative assistance to the Steering Committee, including review of project proposals, monitoring of implementation  of  programs  and  projects,  and  other functions as necessary. The Secretariat shall work in close  coordination  with  the Fund Manager especially with respect to recommendations  on fund allocations.

    V.    FUNDING SOURCES

    Funds for the BNTF shall be provided by development partners and international or foreign aid agencies, as well as private sector contributors . Government shall also provide counterpart funds for the BNTF, in accordance with applicable rules and regulations .

    VI.    DURATION

    The Fund shall continue to exist until the signing of the Exit Agreement.

    The  status  of  any  unexpended  Fund  balance  shall  be  covered  by  the  Terms  of Reference for the Fund.
  • 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.  OVERVIEW

    The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework  Agreement  on the Bangsamoro  (FAB) and its Annex on Normalization through which urgent support , recurrent  and investment budget cost will be released with efficiency, transparency and accountability in support of the process of  normalization ,  whereby  former combatants , their communities, and other vulnerable sectors can achieve  their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society . It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic  Liberation  Front (MILF) and the international community to the full implementation of the Comprehensive Agreement  on the Bangsamoro (CAB).

    This document sets out the parameters within which the BNTF shall be established and organized.


    III.  OBJECTIVE AND PURPOSE OF THE BNTF

    The objective of the BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner. The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end view of transforming these areas into peaceful and productive communities.

    The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction  and  development  of  Bangsamoro  communities  and  other  vulnerable
    sectors , including those  of  decommissioned  MILF  combatants  as  identified  by the Parties.

    It is expected that the BNTF will :

    (continued on Page 2)

    i.    Attract and  mobilize  international  resources  through  this funding  mechanism in support of the Normalization process. It may also accept contributions from the domestic private sector when there is no conflict of interest and when applicable regulations allow;

    ii.    Enhance donor coordination for financing and policy dialogue ;

    iii.    Promote capacity-building over time;

    iv.    Provide funding  for  elements  of the  Normalization  process, as  identified by the  Parties;

    v.    Promote efficiency, transparency  and accountability  in the utilization of funds and implementation of programs and projects;

    vi.    Provide predictability in the financing of the Normalization process;

    vii.    Exert effort to align itself with the Bangsamoro Development Plan.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1:
    II.  OVERVIEW

    The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework  Agreement  on the Bangsamoro  (FAB) and its Annex on Normalization through which urgent support , recurrent  and investment budget cost will be released with efficiency, transparency and accountability in support of the process of  normalization ,  whereby  former combatants , their communities, and other vulnerable sectors can achieve  their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society . It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic  Liberation  Front (MILF) and the international community to the full implementation of the Comprehensive Agreement  on the Bangsamoro (CAB).

    This document sets out the parameters within which the BNTF shall be established and organized.


    III.  OBJECTIVE AND PURPOSE OF THE BNTF

    The objective of the BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner. The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end view of transforming these areas into peaceful and productive communities.

    The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction  and  development  of  Bangsamoro  communities  and  other  vulnerable
    sectors , including those  of  decommissioned  MILF  combatants  as  identified  by the Parties.

    It is expected that the BNTF will :

    (continued on Page 2)

    i.    Attract and  mobilize  international  resources  through  this funding  mechanism in support of the Normalization process. It may also accept contributions from the domestic private sector when there is no conflict of interest and when applicable regulations allow;

    ii.    Enhance donor coordination for financing and policy dialogue ;

    iii.    Promote capacity-building over time;

    iv.    Provide funding  for  elements  of the  Normalization  process, as  identified by the  Parties;

    v.    Promote efficiency, transparency  and accountability  in the utilization of funds and implementation of programs and projects;

    vi.    Provide predictability in the financing of the Normalization process;

    vii.    Exert effort to align itself with the Bangsamoro Development Plan.
  • 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
    Page 3:
    Signed in the presence of
    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 PI. Also available at http://peace.gov.ph/wp-content/uploads/2016/06/314445327-Bangsamoro-Norm-Trust-Fund-Terms-of-Reference.pdf

TERMS OF REFERENCE ON THE ESTABLISHMENT OF THE BANGSAMORO NORMALIZATION TRUST FUND (BNTF)

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;

• The Terms of Reference for the Joint Normalization Committee signed by the Parties on March 22, 2014;

• The Comprehensive Agreement on the Bangsamoro signed by the Parties on March 27 , 2014 ;

• The Bangsamoro Development Plan of 2014;

• The Terms of Reference for the Task Force for Decommissioned Combatants and their Communities, signed by the Parties on May 31 , 2015;

and

• The Terms of Reference for the Joint Task Forces on Camps Transformation , signed by the Parties on February 11, 2016 ,

11. OVERVIEW

The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework Agreement on the Bangsamoro (FAB) and its Annex on Normalization through which urgent support , recurrent and investment budget cost will be released with efficiency, transparency and accountability in support of the process of normalization , whereby former combatants , their communities, and other vulnerable sectors can achieve their desired quality of life, including the pursuit of sustainable livelihood and political participation within a peaceful deliberative society .

It expresses the commitment of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) and the international community to the full implementation of the Comprehensive Agreement on the Bangsamoro (CAB).

This document sets out the parameters within which the BNTF shall be established and organized.

111. OBJECTIVE AND PURPOSE OF THE BNTF

The objective of the BNTF is to assist MILF combatants and their communities achieve their desired quality of life in a peaceful and inclusive manner.

The BNTF will also assist in the development of six (6) previously acknowledged MILF Camps with the end view of transforming these areas into peaceful and productive communities.

The purpose of the BNTF is to finance, coordinate and oversee delivery of assistance from international partners and other donors in the implementation of the normalization process, particularly for development efforts and the rehabilitation, reconstruction and development of Bangsamoro communities and other vulnerable

sectors , including those of decommissioned MILF combatants as identified by the Parties.

It is expected that the BNTF will :

/ 1

i. Attract and mobilize international resources through this funding mechanism in support of the Normalization process.

It may also accept contributions from the domestic private sector when there is no conflict of interest and when applicable regulations allow;

ii. Enhance donor coordination for financing and policy dialogue ;

iii. Promote capacity-building over time;

iv. Provide funding for elements of the Normalization process, as identified by the Parties;

v. Promote efficiency, transparency and accountability in the utilization of funds and implementation of programs and projects;

vi. Provide predictability in the financing of the Normalization process;

vii. Exert effort to align itself with the Bangsamoro Development Plan.

IV. FUND GOVERNANCE AND MANAGEMENT

1. Oversight Body

The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the BNTF.

It shall be responsible for the strategic direction and guidance for the BNTF.

Either Party may exercise veto power on decisions made by the Steering Committee .

2. Steering Committee

There shall be a Steering Committee that shall provide policy guidance for the BNTF.

It shall be responsible for management directions, and shall make decisions on which programs and projects to fund as well as on the acceptance of donations, as guided by the provisions of the Annex on Normalization.

The following shall be members of the Steering Committee :

Two representatives from the GPH;

Two representatives from the MILF;

Representatives from donor agencies ;

and One representative from the Fund Manager.

One of the representatives from the GPH and the MILF shall serve as Co-Chairs.

Expansion of the members.

for the committee shall be open as agreed by the Parties.

It shall meet once in every quarter, and release annual reports on the BNTF's operations , and the status and utilization of the Fund.

When necessary, any Co-Chair may call for a special meeting.

3. Fund Manager

The BNTF shall be administered by a Fund Manager that shall be mutually identified by the Parties.

The Fund Manager shall receive policy guidance and direction from the Steering Committee , and provide accountability for the utilization of the BNTF.

It

shall implement measures to ensure transparency and efficiency in the mobilization and utilization of resources.

Financing for the Fund Manager shall be sourced from the BNTF.

The Fund Manager shall report regularly and as necessary to the Steering Committee.

4. Secretariat

The Steering Committee shall be supported by a Secretariat , whose operations shall likewise be supported by the BNTF.

The Secretariat shall provide technical and administrative assistance to the Steering Committee, including review of project proposals, monitoring of implementation of programs and projects, and other functions as necessary.

The Secretariat shall work in close coordination with the Fund Manager especially with respect to recommendations on fund allocations.

V. FUNDING SOURCES

Funds for the BNTF shall be provided by development partners and international or foreign aid agencies, as well as private sector contributors .

Government shall also provide counterpart funds for the BNTF, in accordance with applicable rules and regulations .

VI. DURATION

The Fund shall continue to exist until the signing of the Exit Agreement.

The status of any unexpended Fund balance shall be covered by the Terms of Reference for the Fund.

Done this 301

of May 2016 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL FERRER

GPH Panel

FOR THE MILF:

MILF Panel

FOR THE MILF:

MOHAGHER IQBAL

MILF Panel

Signed in the presence of

Tengku Dato’Ab Ghafar Tengku Mohamed

Malaysian Facilitator