• Country/entity

  Philippines
  Mindanao
  

• Region

  Asia and Pacific
  Asia and Pacific
  

• Agreement name

  Terms of Reference of the International Monitoring Team

• Date

  8 Sep 2004

• Agreement status

  Multiparty signed/agreed

• Interim arrangement

  Yes

• Agreement/conflict level

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

• Stage

  Pre-negotiation/process

• Conflict nature

  Government/territory

• Peace process

  Philippines - Mindanao process

• Parties

  Sec. Silvestre C. Afable, Jr., GRP Peace Panel;
  Mohagher Iqbal, MILF Peace Panel

• Third parties

  Datuk Othman Bin Abd Razak, Representative of the Government of Malaysia

• Description

  Agreement by the Peace Panels, with coordination of the Malaysian Government, to establish the Terms of Reference of the International Monitoring Team (IMT), which include the objective, composition, status, area of coverage, role and responsibility, administrative and support arrangements, duration, and the potential of termination and/or suspension of the IMT.

• Agreement document

  PH_040908_ToR of the IMT.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

CONFIDENTIAL

TERMS OF REFERENCE OF THE INTERNATIONAL MONITORING TEAM (IMT)

Objective

The objective of the International Monitoring Team (IMT) is to monitor the implementation of the Agreement on Peace between the GRP and the MILF of 22 June 2001 (Tripoli Agreement) and its Implementing Guidelines on the Security Aspect of 7 August 2001 and implementing Guidelines on the Humanitarian Rehabilitation and development Aspects of 7 May 2002.

2) Composition

The IMT shall be headed by Malaysia.

Other countries and international Organizations, as may be agreed by both the MILF and GRP, shall be invited to participate in the IMT.

The IMT shall have a Head of Mission, a staff and mobile teams in its area of coverage.

The IMT Mission shall have its Headquarters at Cotabato City, where the head of Mission shall hold office.

3) Status

The commissioned officers of the IMT shall be accorded privileges and immunities usually accorded to resident diplomatic representatives.

4) Area of Coverage

The IMT area of Coverage shall be the provinces of Žamboanga dol Norte, Zamboanga:

Sibugay.

Zamboanga del Sur, Maguindanao, North Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Sullan Kudarat, Sarangani, Davao del Norte, Compostela Valley, Davao del Sur and Davao, Oriental.

CONFIDENTIAL

The area of coverage shall be divided into 5 sectors.

Each sector shall be monitored by one mobile team.

The mobile teams shall be located at Zamboanga City, Davao City, IIigan City, General Santos City and Cotabato City.

The area of coverage of each mobile team is as follows:

Sector A -IMT Mobile Team No 1

i. Location - Cotabato City,

ii. Coverage - Provinces of Maguindanao, North Cotabato.

Bukidnon, and all cities located theroin.

b. Sector B - IMT Mobile Team No.

2

i. Location - IIIigan City,

ii. Coverage - Provinces of Lanao del Sur, Lanao del Norte, and all cities

therein.

c. Sector C - IMI Mobile Team No.

3

i. Location - Zambaonga City;

ii Coverage - Provinces of Zamboanga del Norte, Zamboanga dol Sur, Zamboanga Sibugay, and all cities therein.

d. Sector D- IMT Mobile Team No.

4

i. Location - General Santos City;

ii. Coverage - Provinces of Sultan Kudarat, South Cotabato.

Sarangani and

Davao del Sur, and all cities therein,

e. Sector E- IMT Mobile Team No.

5

i, Location - Davao City,

ii. Coverage - Provinces of Davao del Norte, Davao Oriental and Compostela Valley Province;

and all cities therein.

CONFIDENTIAL

5. Role and Responsibility

The role and responsibility of the IMT are;

(i) To observe and monitor the implementation of cessation of hostilities, as well as the socio-economic development aspects of the agreements signed between the GRP and MILF.

(ii) To conduct field verification to validate any reported violations of any of the Cessation of hostilities agreements signed by GRP and MILF.

(iii) To coordinate closely with the Joint GRP-MILF CCCH and the LMTs on the conduct of field verification and validation of reported violations to any of the Cessation of hostilities agreement signed by the Panels.

(iv)To report to the GRP and MILF Peace Panels its findings and assessment of the reported violations

6. Administrative and support Arrangements

Security

The GRP-MILF shall provide uniformed security men to accompany members of the IMT at all times during field verification.

Convert security may be provided as augmentation upon request.

Appropriate security will also be provided for the quarters and administrative movements of the IMT.

The GRP and MILF must use all means to restate any members of the IMT in cases where they are held hostages or kidnapped.

The GRP and MILF may accept the Malaysian Armed Forces in any rescue mission which involve the members of the IMT.

The GRP and MILF shall promptly provide Safe passage for members of the IMT in the event evacuation from the areas of coverage is necessary.

Arms

Members of the IMT may possess and any firearms provided those firearms are registered with the Philippine National Police (PNP).

This use of firearms will be strictly for self-defence.

Sustenance

The GRP shall provide:

(i) Adequately furnished quarters for the members of the IMT during the whole duration of their assignment.

Meals shall be served at the quarters:

(ii) Appropriate air, water and land transportation will dive/pilot and security for Members of the IMT;

(iii) Support personnel as necessary.

Communication

The members of the IMT Shall be provided adequate communication support and facilities which shall be borne by the GRP.

Financial Obligations

The regular salaries and allowances of the members of the IMT shall be shouldered by their respective governments.

The transportation cost of the members of the IMT from their capitals to Zamboanga City/Davao City and vice versa shall be borne by their respective governments.

The transportation cost of the members of the IMT from Zamboanga City/ Davao City to their respective area of Coverage vice verse shall be borne by the GRP.

The salaries and/or allowances of support personnel from the GRP and MILF shall be borne by the GRP.

CONFIDENTIAL

Financial support for the operating expenses of the IMT shall be provided by the GRP.

Coordination and Liaisoning

Liaison officers from the GRP and the MILF shall be provided to the IMT Headquarters and mobile teams to maximize coordination and liaisoning.

The IMT shall hold regular Consultations/meetings with both the GRP and MILF in Order to resolve any problem in the performance of its functions.

Health

Members of the IMT shall be provided with medical and dental treatment in cases of emergency, sickness and accident.

If the event any member of the IMT needs to be evacuated promptly from the area of coverage to Manila due to medical emergencies, the GRP shall provide the necessary transportation for such evacuation

Uniform

Members of the IMT shall| normally be in uniform with their identifying insignia.

Members of the IMT may wear civilian dress at such times and on such condition as may be authorized by the Head of Mission

Freedom of Movement

Members of the IMT can move freely throughout the area of Coverage E3 and the host county in the performance of their functions.

Tolls and Charge Exemptions

Members of the IMT shall be exempted from payment of tolls or charges for the usage of roads, railways, waterways, ports and airfields facilities throughout the host Country.

CONFIDENTIAL

7. Duration

The term of the mandate of the IMT shall be 12 months.

Extension of the term of the mandate may be considered on a year-to-year basis upon the request by both GRP and MILF.

8. Termination and/or Suspension

The IMT might cease or suspend the performance of their functions, with due notice to the GRP and MILF Peace Panels, in the event that:

(i) The field situation becomes too dangerous and life threatening to its members

(iii) Either GRP or MILF fails to fulfil their commitments and responsibilities to the peace process

(iii) There is lack of support from either GRP or MILF towards any of its reports.

Done in duplicate at Kuala Lumpur, Malaysia on the 8th day of September 2004, in the English language.

For the MILF Peace Panel

MOHAGHER IQBAL

For the GRP Peace Panel

SEC. SILVESTRE.C. AFABLE.JR.

For the Government of Malaysia

DATUK OTHMAN BIN ABD RAZAK