Terms of Reference of the GPH and the MILF Peace Implementing Panels

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Terms of Reference of the GPH and the MILF Peace Implementing Panels
• Date

  21 Mar 2017
• 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

  For the GPH IRENE M. SANTIAGO GPH Implementing Panel Chair
  For the MILF MOHAGHER IQBAL MILF Implementing Panel Chair
• Third parties

  SIGNED IN THE PRESENCE OF: DATO' KAMARUDIN BIN MUSTAFA Malaysian Facilitator and/or Special Adviser
• Description

  Describes the specific details of how meetings of the Implementation Panels should proceed, such as the procedures and who is included.

• Agreement document

  PH_170321_Terms of Reference of the (GPH) and (MILF).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

TERMS OF REFERENCE OF THE GOVERNMENT OF THE PHILIPPINES (GPH) AND THE MORO ISLAMIC LIBERATION FRONT (MILF)

PEACE IMPLEMENTING PANELS

ARTICLE I

COMPOSITION

The Panels respectively created by the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) composed of five (5) members each, shall hereinafter be referred to as the GPH and MILF Peace Implementing Panels (Implementing Panels for brevity).

ARTICLE II

GUIDING PRINCIPLES AND MANDATE

Section 1.

Guiding Principles.

The Implementing Panels resolve to build on the gains of the peace process in the implementation of the signed agreements including all existing mechanisms of the peace process.

The implementing stage shall be primarily an internal process to the Parties, with due consideration to the agreed international participation, and when necessary, with third party facilitation and/or special advice as provided for in this Terms of Reference.

Section 2.

Mandate.

The Implementing Panels are mandated to ensure the efficient and effective implementation of the Comprehensive Agreement on the Bangsamoro (CAB) and other agreements that may be signed by the Parties.

They shall jointly and cooperatively endeavor to accomplish the following:

a. The GPH Implementing Panel shall work for the passage of the proposed Bangsamoro Basic Law (BBL) in Congress while the MILF Implementing Panel shall monitor the progress of the legislative process,

b. If necessary, review the peace process mechanisms on the ground to align them in accordance with the implementation phase of the GPH-MILF peace process, provided that any amendment shall be agreed upon by the Parties in the presence of the Third Party Facilitator;

c. Carry out the phasing and sequencing of the programs for implementation under the normalization process, including decommissioning which shall be parallel and commensurate to the movement of the legislative track, specifically, the BBL as provided for in the Annex on Arrangements and Modalities, and Transitional

d. Perform such other functions as mutually agreed upon by the Parties to ensure the smooth and effective implementation of all agreements.

ARTICLE III

CONDUCT OF PANEL MEETINGS

section 1.

Agenda for the Meetings.

The agenda for the meetings shall be prepared by the GPH and MILF Secretariats and shall be agreed upon by the Implementing Panels.

The Panels shall exchange working papers on the agenda of the meetings within a reasonable period of time before such agenda shall be discussed.

However, when the meeting is held in Malaysia, such agenda shall be agreed upon by the Parties, with the concurrence of the Third Party Facilitator and/or Special Adviser

Section 2.

Venue and Schedule of the Meetings.

The GPH and MILF Implementing Panels shall henceforth regularly hold their meetings in the Philippines.

The Third Party Facilitator and/or Special Adviser shall be informed in advance of such meetings.

The Third Party Facilitator and/or Special Adviser shall be furnished a copy of the summary of discussions of every meeting.

In case there are actions and issues that require third party facilitation and/or special advice, such as but not limited to, signing major agreements or amending existing ones, the meetings may be held in Malaysia or in any other place to be mutually agreed by the two Panels with the concurrence of the Third Party Facilitator and/or Special Adviser.

In both cases, they shall mutually agree on the schedule of meetings.

Section 3.

Attendance/Quorum.

a. The officially designated members of the GPH and the MILF Peace Implementing Panels shall be the regular attendees at every Panel meeting In the event of permanent disability for any reason, a substitute shall be named to replace him/her;

provided, finally, that prior official notice of such designation of substitute shall be given to the other party.

If the meeting is held outside of the country, then notice shall likewise be made to the Third Party Facilitator and/or Special Adviser.

b. A majority of the composition of each Panel is required to be present at every meeting in order to constitute a quorum.

c. The Panels may jointly extend invitations to the Third Party Facilitator and/or Special Adviser to observe meetings held in the Philippines as agreed by the Panels.

Section 4.

Presiding Officers.

The two Panel Chairpersons shall act as co presiding officers in the meetings of the two Panels.

Section 5.

Third Party Facilitation and/or Special Advice.

When there are issues that cannot be settled by both Panels, these shall be resolved through the Third Party Facilitator and/or Special Adviser.

Section 6.

Presence of Persons Other than Panel Members at Meetings Other than the Implementing Panels, only the Secretariat, Technical Staff, and at most two (2) Consultants at a time from both sides shall be allowed in the meeting room.

Resource Persons may be invited as necessary, and as mutually agreed upon by the two Chairpersons of the Implementing Panels.

Only persons on the list of attendees provided by both panels three (3) days prior to the meeting may be allowed in the meeting room.

Changes may later be done as long as mutually agreed upon by the Parties.

Section 7.

GPH and MILF Secretariats.

There shall be permanent GPH and MILF Secretariats, which shall have the following tasks and functions:

a. To prepare and submit the agenda of the meetings of the Implementing Panels:

b. To document the proceedings of the meeting of the Implementing Panels:

c. To prepare the highlights of consensus points between the Implementing Panels after every meeting, and

d. To handle all administrative requirements relative to the conduct of the

meeting

In meetings held in Malaysia, the above tasks and functions shall be supported by the Malaysian Secretariat.

All signed documents arising from the meetings of the Implementing Panels held in the Philippines shall be furnished the Malaysian Facilitator and/or Special Adviser or its Secretariat.

Section 8.

Procedure of Meetings:

a. The two Panel Chairpersons shall agree on the allocation of time for each agenda item

b. Each Panel shall have equal time and opportunity to fully present its side in meetings, orally and/or in writing, to propound questions, and to respond to the other Panel regarding any agreed agenda item.

c. When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further deliberation or referred to the respective Technical staff for further study.

Thereafter, the two Panels shall proceed to the next agenda item.

Section 9.

Format of Meetings.

a. The Chairperson of each Panel shall speak on behalf of the Panel, while other Panel Members may speak when appropriate, encouraging a constructive dialogue with due courtesy to their respective Panel Chairpersons.

Consultants and resource persons may be invited to speak with the concurrence of both Panel Chairpersons

b. Each Panel may propose a draft on any agenda item, which may become the basis for discussion.

Section 10.

Meeting Flow.

The flow of the meeting shall be as follows:

a. Determination of Quorum from Each Panel Reported by the Secretariat

b. Approval of Agenda for the Meeting

c. Adoption of Report of Previous Meeting

d. Discussion of Unfinished Business

e. Discussion of Agenda Items

f. Adoption of Consensus Points

g. Adoption of Proposed Agenda, Schedule and Venue of the Next Meeting

h. Adoption of Joint Statement/Press Release, if necessary.

ARTICLE IV

MEDIA COVERAGE

Section 1.

The holding of joint press conferences or the issuance of joint press statements shall be mutually agreed upon by the two Panel Chairpersons.

Section 2.

The respective Chairpersons of the Implementing Panels, or in their absence, a member of either Panel duly designated, shall act as the official spokespersons for each Panel, as the case may be.

Section 3.

To ensure effective communication, the Implementing Panels shall agree on common messaging that shall be used for public information relative to the work of the Implementing Panels.

ARTICLE V

GENERAL PROVISIONS

Section 1.

Confidentiality.

a. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues taken up during the meetings.

b. Limitations on access to or release of official records of the deliberations and minutes of the meetings shall be mutually agreed upon by the two Implementing Panels.

Section 2.

Amendments.

The two Implementing Panels may from time to time mutually agree to amend, modify or supplement this Agreement

Section 3.

Effectivity.

This Agreement shall take effect upon the signing by the Chairpersons of the two Implementing Panels, including the Third Party Facilitator and/or Special Adviser.

Done this 21st day of March 2017 in Kuala Lumpur, Malaysia

For the GPH IRENE M. SANTIAGO GPH Implementing Panel Chair

For the MILF MOHAGHER IQBAL MILF Implementing Panel Chair

SIGNED IN THE PRESENCE OF:

DATO' KAMARUDIN BIN MUSTAFA Malaysian Facilitator and/or Special Adviser