The University of EdinburghPeace Agreements DatabasePeaceRep

Agreement on the Civilian Protection Component of the International Monitoring Team (IMT)

  • Country/entity

    Philippines
    Mindanao
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Agreement on the Civilian Protection Component of the International Monitoring Team (IMT)
  • Date

    27 Oct 2009
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Framework/substantive - partial
  • Conflict nature

    Government/territory
  • Peace process

    Philippines - Mindanao process
  • Parties

    Rafael E. Seguis, Panel Chairman for the Government of the Republic of the Philippines (GRP)
    Mohagher Iqbal, Panel Chairman for the Moro Islamic Liberation Front (MILF)
  • Third parties

    Datuk Othman Bin Abdul Razak, Representative of Malaysia [Facilitator]
  • Description

    Agreement on the civilian protection components forms a part of the Terms of Reference for the International Monitoring Team, and provides a commitment from the Parties to uphold international humanitarian law and human rights law standards in regards to non-combatants.


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

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • 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
    Page 2, Article 2. Civilian Protection Component
    [...] Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.
  • 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
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...]
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Life
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
    [...] d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects.
    Human rights and equality→Civil and political rights→Equality
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
    [...] e) Ensure that all protective and relief actions shall be undertaken in a purely nondiscriminatory basis covering all affected communities.
    Human rights and equality→Civil and political rights→Liberty and security of person
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
    a) Refrain from intentionally targeting or attacking non-combatants, prevent suffering of the civilian population and avoid acts that would cause collateral damage to civilians;
    d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects.
  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Property
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. In this context, the Parties commit themselves to:
    [...] b) Refrain from targeting or intentionally attacking civilian properties or facilities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of civilian nature;

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
    Rights related issues→Protection measures→Protection of civilians
    Page 2, Article 2. Civilian Protection Component
    [...] Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

    Page 2, Article 2. Civilian Protection Component
    The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

    Page 2, Article 3. Implementing Terms of Reference
    This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.
  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions
    Rights institutions→Regional or international human rights institutions→Monitoring calls
    Page 2, Article 2. Civilian Protection Component
    The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

    Page 2, Article 3. Implementing Terms of Reference
    This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.

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

    No specific mention.

  • 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
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
  • Ceasefire

    No specific mention.

  • Police
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
  • Armed forces
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, Article 1. Basic Undertakings
    The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect civilian population and civilian properties against the dangers arising in armed conflict situation. [...] To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein.
  • 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
    Datuk Othman Bin Abdul Razak, Facilitator and Representative of Malaysia
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, Article 2. Civilian Protection Component
    The Parties hereby agree to expand the mandate of the IMT to include civilian protection. The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities. Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions. The Parties shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

    Page 2, Article 3. Implementing Terms of Reference
    This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker http://peacemaker.un.org/philippines-agreemen-cpc2009

IN THE NAME OF GOD THE BENEFICENT, THE MERCIFUL AGREEMENT ON THE CIVILIAN PROTECTION COMPONENT OF THE INTERNATIONAL MONITORING TEAM (IMT)

The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) (hereafter referred to as the "Parties") hereby agreed as follows:

Article 1 Basic Undertakings

The Parties reconfirm their obligations under humanitarian law and human rights law to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict situations.

In this context, the Parties commit themselves to:

a) Refrain from intentionally targeting or attacking non-combatants, prevent suffering of the civilian population and avoid acts that would

cause collateral damage to civilians;

b) Refrain from targeting or intentionally attacking civilian properties or faci lities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of a civilian nature;

c) Take all necessary actions to facilitate the provision of relief supplies to affected communities;

d) Take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects;

e) Ensure that all protective and relief actions shall be undertaken in a purely nondiscriminatory basis covering all affected communities.

To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described

herein.

Article 2 Civilian Protection Component

The Parties hereby agree to expand the mandate of the IMT to include civilian protection.

The IMT shall monitor, verify and report noncompliance by the Parties to their basic undertaking to protect civilians and civilian communities.

Should the IMT cease to operate, the civilian protection component shall remain in place and continue to perform such functions.

The Parties shall designate humanitarian organizations and nongovernmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.

Article 3 Implementing Terms of Reference

This Agreement on civilian protection component shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF peace talks.

Done at Kuala Lumpur, Malaysia, this 2nd day of October 2009.