Guidelines for the Operationalization of the Bangasamoro Normalization Trust Fund

  • Country/entity
    Philippines
    Mindanao
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Guidelines for the Operationalization of the Bangasamoro Normalization Trust Fund
  • Date
    14 Dec 2017
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Territory
  • Peace process
    Philippines - Mindanao process
  • Parties
    For the GPH: USEC. Nabila A. Tan, Chair, GPH Implementing Panel
    For the MILF: Mohagher Iqbal, Chair, MILF Implementing Panel
  • Third parties
    Signed in the presence of: Dato' Kamarudin Bin Mustafa, Malaysian Facilitator and/or Special Adviser
  • Description
    Agreement pertains to the operation of the Bangsomoro Trust Fund and expresses support for the Comprehensive Agreement on the Bangsamoro


Groups

  • Children/youth
    Groups→Children/youth→Substantive
    Page 2, III Scope and Coverage,

    c. Project Types

    Economic facilitation for return to normal life affecting combatant and non-combatant
    elements of the MILF, indigenous peoples, women, children, and internally displaced
    persons


    Page 4, VIII. Sustainability Strategies and Mechanisms

    a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
    of project implementation. People with special needs such as widows, orphans, amnesty
    grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
    given appropriate support;
  • 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
    Groups→Indigenous people→Substantive
    Page 2, III Scope and Coverage,

    c. Project Types

    Economic facilitation for return to normal life affecting combatant and non-combatant
    elements of the MILF, indigenous peoples, women, children, and internally displaced
    persons
  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 2, III Scope and Coverage,

    c. Project Types

    Economic facilitation for return to normal life affecting combatant and non-combatant
    elements of the MILF, indigenous peoples, women, children, and internally displaced
    persons
  • Social class

    No specific mention.


Gender

  • Women, girls and gender
    Page 2, III Scope and Coverage,

    c. Project Types

    Economic facilitation for return to normal life affecting combatant and non-combatant
    elements of the MILF, indigenous peoples, women, children, and internally displaced
    persons


    Page 4, VIII. Sustainability Strategies and Mechanisms

    a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
    of project implementation. People with special needs such as widows, orphans, amnesty
    grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
    given appropriate support;
  • Men and boys
    Gender→Men and boys→Gender neutral wording
    Page 4, VIII. Sustainability Strategies and Mechanisms

    a. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects
    of project implementation. People with special needs such as widows, orphans, amnesty
    grantees, released political prisoners and detainees, lPs, PWDs, lDPs, elderly, shall be
    given appropriate support;
  • LGBTI

    No specific mention.

  • Family
    Page 1, III Scope and Coverage,

    b. Sectoral
    ...
    Families of the DCs

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
    Power sharing→Economic power sharing→Other
    Page 2, V. BNTF Fund Management Structure

    Oversight Body

    The GPH and MILF Peace Panels shall constitute and serve as the Oversight Body for the
    BNTF. lt shall be responsible for the strategic policy directions and guidance for the BNTF,
    specifically its objectives, purpose, scope, coverage, and allocation of funds.

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


    Page 3, Composition of the Steering Committee

    The Steering Committee shall be composed of.
    a. Two (2) representatives each from the GPH and MILF. Any panel member may sit as
    one of the two representatives each from the GPH and MILF to the Steering Committee.
    b. Two (2) representatives from the contributors to the Fund to be identified among
    themselves
    c. Representative from the Fund Manager as ex-officio and non-voting member
  • 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

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 1, GUIDELINES FOR THE OPERATIONALIZATION OF THE BANGSAMORO NORMALIZATION TRUST FUND

    Background and Rationale
    The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework Agreement on the Bangsamoro (FAS) 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).

    Objective and Purpose
    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 rehabilitation , reconstruction and development of Bangsamoro communities with special regard to decommissioned MILF combatants and vulnerable sectors.
    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 in view of transforming these areas into peaceful and productive communities .
    Ill. Scope and Coverage a. Geographic Coverage

    Bangsamoro communities
    Other areas where decommissioned combatants (DCs) are located
    Six previously acknowledged MILF camps
    Sectoral
    Decommissioned Combatants
    Families of the DCs
    Non-combatant MILF elements
    Vulnerable individuals and sectors in the Bangsamoro

    1 See Annex on Normalization, Part G, item 5, and GPH-MILF Joint Statement on 1 1 February 2016 in Kuala Lumpur, Malaysia.

    Page 2...

    Project Types
    Economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women , children, and internally displaced persons
    Impact programs to address imbalances in development and infrastructures
    Capacity  building,  institutional  strengthening   and  operational   requirements  of normalization and transitional mechanisms
    Psycho-social healing and reconciliation
    Transitional justice and reconciliation initiatives
    Other project types as may be agreed by Parties
    Funding Sources
    GPH 2
    International donor agencies
    Private sector
    BNTF Fund Management Structure
    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 policy directions and guidance for the BNTF, specifically its objectives , purpose, scope, coverage, and allocation of funds.

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

    Steering Committee

    The Steering Committee shall provide operational 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.

    Specifically , the Steering Committee shall:

    1 Provide operational policy guidelines in the overall management of the BNTF;
    2 Review and approve the projects as guided by the policies and directions set by the Oversight Body and reflective of the objectives of the Annex on Normalization;
    3 Identify strategies on how to efficiently and effectively utilize funds;
    4 Monitor and assess implementation of projects;
    5 Accept donations in behalf of the BNTF.

    2 see TOR of BNTF, Part V on Funding Sources signed on 30 May 2016.

    Page 3...

    Composition of the Steering Committee

    The Steering Committee shall be composed of:

    Two (2) representatives each from the GPH and MILF. Any panel member may sit as one of the two representatives each from the GPH and MILF to the Steering Committee.
    Two  (2)  representatives  from  the  contributors  to  the  Fund to  be  identified  among themselves
    Representative from the Fund Manager as ex-officio and non-voting member
    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 .

    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 .

    Implementation  Mechanism

     Open Facility where entities with legal personality may propose projects to the BNTF

    Programmed Facility in accordance with normalization process deliverables

    Page 4...

    Implementing Partners

    Government agencies
    MILF agencies (e.g., Bangsamoro Development Agency , Bangsamoro Leadership and Management Institute)
    CSOs
    Academe
    LGUs
    Multi-lateral organizations
    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.

    VIII. Sustainability Strategies and Mechanisms. Genuine participation of beneficiaries - women, men, youth, and children - in all aspects of project implementation. People with special needs such as widows , orphans, amnesty grantees, released political prisoners and detainees , IPs, PWDs, IDPs, elderly , shall be given appropriate support ;

    a.Built in capacity building and institution strengthening component in the projects to be implemented;

    b.Conscious strategies in creating and strengthening normalization mechanisms as vital institutions for the functioning of the Bangsamoro Government;

    c.Inclusion of initiatives towards the transformation of the MILF from revolutionary to a social movement;

    d.Linking of projects, especially its implementation, to formal institutions for sustainability and continuity ; and

    e.Due consideration to unique contexts and conflict situations in specific communities and sectors in the identification of projects.

    f. Relationship with Other Funding Mechanisms and Programs

    The Oversight Body shall issue the appropriate guidelines to govern the relationship of the Fund with other funding facilities and programs relating to normalization.

    Page 5...

    Done this 14 day of December 2017 in Kuala Lumpur, Malaysia.
  • 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

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • 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

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    https://peace.gov.ph/wp-content/uploads/2017/12/2017-12-14-Guidelines-for-the-Operationalization-BNTF.pdf

GUIDELINES FOR THE OPERATIONALIZATION OF THE BANGSAMORO NORMALIZATION TRUST FUND

Background and Rationale

The Bangsamoro Normalization Trust Fund (BNTF) is the multi-donor trust fund envisioned by the parties in the Framework Agreement on the Bangsamoro (FAS) 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).

Objective and Purpose

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 rehabilitation , reconstruction and development of Bangsamoro communities with special regard to decommissioned MILF combatants and vulnerable sectors.

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 in view of transforming these areas into peaceful and productive communities .

Ill. Scope and Coverage a. Geographic Coverage

Bangsamoro communities

Other areas where decommissioned combatants (DCs) are located

Six previously acknowledged MILF camps

Sectoral

Decommissioned Combatants

Families of the DCs

Non-combatant MILF elements

Vulnerable individuals and sectors in the Bangsamoro1

1 See Annex on Normalization, Part G, item 5, and GPH-MILF Joint Statement on 1 1 February 2016 in Kuala Lumpur, Malaysia.

Project Types

Economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women , children, and internally displaced persons

Impact programs to address imbalances in development and infrastructures

Capacity building, institutional strengthening and operational requirements of normalization and transitional mechanisms

Psycho-social healing and reconciliation

Transitional justice and reconciliation initiatives

Other project types as may be agreed by Parties

Funding Sources

GPH 2

International donor agencies

Private sector

BNTF Fund Management Structure

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 policy directions and guidance for the BNTF, specifically its objectives , purpose, scope, coverage, and allocation of funds.

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

Steering Committee

The Steering Committee shall provide operational 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.

Specifically , the Steering Committee shall:

Provide operational policy guidelines in the overall management of the BNTF;

Review and approve the projects as guided by the policies and directions set by the Oversight Body and reflective of the objectives of the Annex on Normalization;

Identify strategies on how to efficiently and effectively utilize funds;

4.

Monitor and assess implementation of projects;

Accept donations in behalf of the BNTF.

2 see TOR of BNTF, Part V on Funding Sources signed on 30 May 2016.

Composition of the Steering Committee

The Steering Committee shall be composed of:

Two (2) representatives each from the GPH and MILF.

Any panel member may sit as one of the two representatives each from the GPH and MILF to the Steering Committee.

Two (2) representatives from the contributors to the Fund to be identified among themselves

Representative from the Fund Manager as ex-officio and non-voting member

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 .

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 .

Implementation Mechanism

Open Facility where entities with legal personality may propose projects to the BNTF

Programmed Facility in accordance with normalization process deliverables

Implementing Partners

Government agencies

MILF agencies (e.g., Bangsamoro Development Agency , Bangsamoro Leadership and Management Institute)

CSOs

Academe

LGUs

Multi-lateral organizations

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.

VIII.

Sustainability Strategies and Mechanismsa.

Genuine participation of beneficiaries - women, men, youth, and children - in all aspects of project implementation.

People with special needs such as widows , orphans, amnesty grantees, released political prisoners and detainees , IPs, PWDs, IDPs, elderly , shall be given appropriate support ;

a.Built in capacity building and institution strengthening component in the projects to be implemented;

b.Conscious strateg ies in creating and strengthening normalization mechanisms as vital institutions for the functioning of the Bangsamoro Government;

c.Inclusion of initiatives towards the transformation of the MILF from revolutionary to a social movement;

d.Linking of projects, especially its implementation, to formal institutions for sustainability and continuity ;

and

e.Due consideration to unique contexts and conflict situations in specific communities and sectors in the identification of projects.

f. Relationship with Other Funding Mechanisms and Programs

The Oversight Body shall issue the appropriate guidelines to govern the relationship of the Fund with other funding facilities and programs relating to normalization.

Done this 14 day of December 2017 in Kuala Lumpur, Malaysia.

FOR THE GPH:

FOR THE MILF:

5lit:

e3-

Chair, MILF Implementing Panel

SIGNED IN THE PRESENCE OF:

DATO' KAMARUDIN Bl

Malaysian Facilitator and/or Special Adviser