Revised Implementing Guidelines on the Joint Communique of 6 May 2002

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Revised Implementing Guidelines on the Joint Communique of 6 May 2002
• Date

  14 Dec 2017
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
• Stage

  Renewal
• Conflict nature

  Government/territory
• Peace process

  Philippines - Mindanao process
• Parties

  FOR THE GPH: USEC. NABIL A. TAN  Chair, GPH Peace Implementing Panel 
  
  FOR THE MILF: MOHAGHER IQBAL Chair, MILF Peace Implementing Panel
• Third parties

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

  Largely deals with cooperation between the parties in how to approach organised crime.

• Agreement document

  PH_171214_Revised Implementing Guidelines of Joint Communique May 6 2002.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

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL

REVISED IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2OO2

I. TERMS OF REFERENCE

A. Agreement for General Cessation of Hostilities dated 18 July 1997, including its Implementing Administrative Guidelines dated 12 September 1997 and lmplementing Operational Guidelines dated 14 November 1997.

B. Agreement on Peace between the GPH and the MILF signed 22 June 2001 in Tripoli, Libya.

C. lmplementing Guidelines on the Security Aspect of the GPH-MILF Tripoli Agreement on Peace of 2001 signed 07 August 2001 in Putrajaya, Malaysia.

D. Joint Communique between the GPH and the MILF signed 06 May 2002 in Cyberjaya, Malaysia.

E. Republic Act No.

9165 or the "Comprehensive Dangerous Drugs Act of 2002."

F. Resolution of the Central Committee of the MILF Adopted during its Special Session at Camp Darapanan, Sultan Kudarat, Maguindanao, Bangsamoro on 21 October 2015.

II. OBJECTIVE/PURPOSE

This set of guidelines is adopted to implement the provision of the Joint Communique dated 06 May 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front related of to the isolation and interdiction of all criminal syndicates, drug syndicates, kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operating in Mindanao/

III. SCOPE

These lmplementing Guidelines apply only to operations against criminal syndicates, drug syndicates, kidnap-for-ransom groups, lost commands and other criminal elements within MILF areas/ communities.

IV. DEFINITION OF TERMS

A. Lost Commands - groups which are not under the command and control of the BIAF and the AFP/PNP as verified by the Ad Hoc Joint Action Group (AHJAG)

B. Criminal Syndicates/Kidnap-for-Ransom Groups - refer to a group or aggrupation of persons who engage in criminal activities as verified by AHJAG.

C. Criminal Elements - within the purview of AHJAG, refers to a leader/elements of a criminal syndicate or kidnap for ransom group as distinguished from common criminals.

D. lsolation - refers to the act of dissociating / segregating criminal elements from the general public as a mode to monitor and counter the criminal activities.

E. lnterdiction - refers to the act of apprehending criminal elements as defined in paragraphs A and B and turning them over to the AHJAG

F. Joint Coordinating Center - refers to the body composed of the GPH and MILF CCCH and AHJAG, International Monitoring Team, Local Monitoring Teams (MLTs), and Joint Ceasefire Monitoring Posts (JCMPs) that coordinate and monitor the law enforcement operations (LEOs) of the government in MILF identified areas.

G.Wanted List - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG.

H. GPH MILF and Areas/Communities - refer to places in Mindanao identified by the GPH and MILF Peace Panels where the MILF elements are situated.

l. High Value Target - refers to individuals which includes, but not limited to, foreign and local terrorists, to be mutually identified by the Parties.

V. ORGANIZATION/COMPOSITION OF THE AHJAG

A. The AHJAG Core Group shall be composed of eight (8) members, four (4) from the GPH and four (4) from the MILF agreed upon and named by the Panels.

B. The AHJAG shall have under it Teams that will cover corresponding areas in

Mindanao, as follows :

AHJAG Team 1 :

Provinces of Maguindanao, North Cotabato, Bukidnon,

and all cities located therein ;

AHJAG Team 2 :

Provinces of Lanao del Sur, Lanao del Norte and all cities located therein ;

AHJAG Team 3:

Provinces of Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay, Basilan, and all cities located therein;

AHJAG Team 4.

Provinces of Sultan Kudarat, South Cotabato Saranggani and all cities located therein;

and

AHJAG Team 5:

Provinces of Davao del Norte, Davao Del Sur, Davao Oriental, Davao Occidental, Compostela Valley and all cities located therein.

C. An AHJAG Team as organized shall be composed of at least six (6) members, three (3) from the GPH composed of AFP, PNP and PDEA representatives and three (3) from the MILF (3) composed of MILF members and representatives from MILF Task Force against Shabu and Criminality (MILF-TFASC), to be augmented by support staff from both sides.

PDEA’s and MILF-TFASC’s role will be limited only to implementation of RA 9165 (Comprehensive Dangerous Drug Act of 2002) and MILF Central Committee Resolution dated 21 October 2015, subject to Part VI of these Guidelines.

D. The AHJAG teams shall be composed of field level members and operators who can immerse on the ground for the performance of their mission, and shall readily be available at short notice.

VI. MECHANICS OF IMPLEMENTATION

1. The AFP/PNP shall convey to the MILF through the AHJAG the Wanted List as defined in Paragraph IV, E containing the names and identities of the criminal elements as provided in the Paragraph 3 of the Joint Communique of 6 May 2002.

2. The MILF through the AHJAG shall validate and subsequently act on the information as contained in the Wanted List.

3. The MILF further shall provide information, as available, on other suspected criminal elements in their areas/communities that come to their attention.

4. The AHJAG shall coordinate with AFP/PNP and MILF/BIAF to effect the apprehension and arrest of the suspected criminal elements.

5. To avoid unnecessary armed confrontations, the displacement of communities and damage to properties, the Joint Coordinating Center (JCC) composed of the GPH, MILF and the IMT shall convene prior to law enforcement operations (LEOs).

6. The AHJAG shall inform the GPH and the MILF CCCH at least 24 hours prior to the conduct of AFP/PNP operations in order to allow sufficient time for evacuation of civilians and to avoid armed confrontation between the GPH and MILF forces.

For high value targets, a list of which shall be provided by the GPH lmplementing Panel to the MILF lmplementing Panel, prior coordination of 24 hours or less shall be done.

7. ln hot pursuit operations in MILF areas/communities, the AFP/PNP commander shall coordinate with the AHJAG.

Pursuit operations by the AFP/PNP against criminal elements shall not exceed seventy-two (72) hours and can be extended upon consultation with AHJAG.

Paramilitary/irregular forces shall not be allowed to engage in hot pursuit.

8. An after-operation report shall be immediately submitted by the AHJAG to the GPH and MILF lmplementing Panels, copy furnished both CCCHS.

9. The MILF shall block the entry of suspected criminal elements into MILF areas/communities based on the Wanted List and other information jointly verified by the AHJAG.

Arrested/ apprehended personalities shall be turned- over to the AHJAG.

VII. GENERAL GUIDELINES FOR THE IMPLEMENT]NG UNIT

1. In the process of implementing its functions, the implementing units of the GPH- MILF, shall ensure the safety of the life of the civilians and the protection of their properties.

2. The AHJAG shall closely coordinate and work in tandem with the Joint CCCH

3. Unresolved matters within the AHJAG shall be elevated to the GPH-MILF Implementing Panels for disposition.

VIII.

EFFECTIVITY

The mandate of the AHJAG shall be for a period of twelve (12) months, renewable on a yearly basis upon agreement of the Parties.

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

FOR THE GPH

USEC.

NABIL A. TAN Chair, GPH Peace Implementing Panel

FOR THE MILF

MOHAGHER IQBAL Chair, MILF Peace Implementing Panel

SIGNED IN THE PRESENCE OF

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