• Country/entity

  Philippines
  Mindanao
  

• Region

  Asia and Pacific
  Asia and Pacific
  

• Agreement name

  Terms of Reference of the International Monitoring Team - 1st Amendment

• Date

  27 Aug 2007

• 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. Rodolfo C. Garcia, GRP Peace Panel;
  Mohagher M. Iqbal, MILF Peace Panel;
  Datuk Othman Bin Abd. Razak, Representative of the Government of Malaysia

• Third parties

  Agreement by the Parties that provides for the terms of reference for the Malaysian-facilitated International Monitoring Team (IMT), including provisions on objective, composition, status, area of coverage, roles and responsibilities, reporting, administrative and support arrangements, duration, and potential termination and/or suspension of the IMT. The IMT will specifically monitor the ceasefire, humanitarian and human rights, as well as rehabilitation, development and socio-economic assistance programs.

• Description

  -

• Agreement document

  PH_070827_ToR for 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

TERMS OF REFERENCE OF THE INTERNATIONAL MONITORING TEAM (IMT)

1) 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 Deputy Head of Mission and three (3) Coordinators on:-

Security

Humanitarian, Rehabilitation and Development, and

Socio-Economic Assistance.

The IMT Mission shall have a staff and mobile teams in its area of Coverage.

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

3) Status

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

In the case of IMT representatives who serve concurrently as Embassy officials, they shall enjoy the level of diplomatic immunities and privileges accorded to them by virtue of their rank in their respective Embassies.

4) Area of Coverage

The IMT area of coverage shall be the provinces of Zamboanga del Norte, Zamboanga-Sibugay, Zamboanga del Sur, Maguindanao, Shariff Kabunsuan, North Cotabato, South Cotabato.

Bukidnon, Lanao del Norte, Lanao del Sur, Sultan Kudarat, Sarangani, Davao del Norte, Compostela Valley, Davao del Sur, Davao Oriental, Basilan, Sulu, Tawi-Tawi and Palawan.

The area of coverage shall be divided into 5 sectors.

Each sector shaft monitored by one mobile team.

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

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

A. Sector A - IMT Mobile Tearn No 1

i. Location - Cotabato City

ii. Coverage - Provinces of Maguindanao, North Cotabato, Bukidnon, Shariff Kabunsuan, and all cities located therein

B. Sector B - IMT Mobile Team No.

2

i. Location - Iligan City

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

C. Sector C - IMT Mobile Team No.

3

I. Location - Zamboanga City Coverage - Provinces of Zamboanga del Norte, Zamboanga del Sur, Zamboanga-Sibugay, Basilan, Sulu, Tawi-Tawi, Palawan, and all cities located therein.

D. Sector D - IMT Mobile Team No.

4

i. Location - General Santos City

ii. Coverage - Provinces of Sultan Kudarat, South Cotabato, Sarangani, Davao del Sur, and all cities located therein.

E. Sector E - IMT Mobile Team No.

5

i. Location - Davao City

ii. Coverage - Provinces of Davao del Norte, Davao Oriental, Compostela Valley, and all cities located therein.

5) Role and Responsibility

5.1 SECURITY ASPECT

(i) Observe and monitor the implementation of cessation of hostilities signed between the GRP and MILF.

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

(iii) Coordinate closely with the Joint GRP-MILF CCCH and the LMTs in the conduct of field verification and validation of reported violations to any of the cessation of hostilities agreements signed by the Panels.

5.2 HUMANITARIAN, REHABILITATION AND DEVELOPMENT ASPECTs

(i) Observe and monitor the implementation the humanitarian rehabilitation and development aspects of the agreements signed between the GRP and MLF.

(ii) Monitor the observance of international humanitarian laws and respect for human rights.

(iii) Encourage other third parties and/or civil society groups to assist, under a system of accreditation by the Panels, in the monitoring process.

5.3 SOCIO-ECONOMIC ASSISTANCE

(i) Assist the Parties in determining the development needs of Conflict-affected communities;

(ii) Assist in the formulation of a comprehensive development plan for conflict-affected areas and assist in the early implementation of such plan, in close coordination with the Bangsamoro Development Agency (BDA),

(iii) Facilitate the effective delivery of development programs in support of the ongoing GRP-MILF peace process;

(iv) Draw up appropriate support arrangements and/or mechanisms to facilitate the successful and effective delivery of development programs in support of the GRP-MILF peace process, and

(v) Together with the BDA, coordinate development activities with appropriate organizations and institutions, and duly established GRP-MILF local mechanisms.

6) Reporting

a. The IMT shall render monthly reports to the Peace Panels and the Malaysian Secretariat on activities and developments relating to the Ceasefire, humanitarian, rehabilitation and development, and socio economic assistance aspects;

b. To ensure effectiveness in reporting the IMT shall formulate a monitoring manual containing, among others, the baseline indicators and monitoring/reporting format in monitoring the humanitarian, rehabilitation and development aspects, in coordination with the technical working group of the BDA and GRP,

c. Violations of the ceasefire agreements and other matters requiring urgent attention by the Panels should be reported immediately,

7) 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 and in the performance of their duties

Covert 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 rescue any members of the IMT in Cases where they are held hostage or kidnapped.

The GRP and MILF shall accept the Malaysian Armed Forces' participation any rescue mission that involves 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

Uniformed members of the IMT may possess and carry firearms provided those firearms are registered with the Philippine National Police (PNP).

The 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 entire duration of their assignment.

Meals shall be served at the quarters;

(ii) Appropriate air, water and land transportation with driver/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 versa 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.

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

Coordination and Liaison

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

The IMT shall hold regular consultations/meetings with the Joint GRP-MILF CCCH in order to resolve any problem in the performance of its functions.

The IMT may undertake advocacy and information activities in Support of the ceasefire and other programs, in close coordination with the Peace Panels and the ceasefire committees.

Health

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

In 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 of such evacuation.

Uniform

Military members of the IMT shall normally be in uniform with their identifying insignia.

They may wear civilian attire at such times and in such condition as may be authorized by the Head of Mission.

Civilian members of the IMT will wear proper identifying insignia when on duty

Freedom of Movement

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

Tolls and Charges Exemption

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 host country.

8) 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.

9) Termination and/or Suspension

The IMT may 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,

(ii) The GRP or MILF fails to fulfil their commitments and responsibilities to the peace process as stipulated in the Terms of Reference, or

(iii) The GRP or MILF deliberately ignore to take action on any of its recommendations on violations of signed agreements.

Done at Cyberjaya, Malaysia on the 27" day of August 2007.

For the GRP Peace Panel

SEC. RODOLFO C. GARCIA

For the MILF Peace Panel

MOHAGHER M. IQBAL

For the Government of Malaysia

DATUK OTHMAN BIN ABD.

RAZAK