Interim Implementing Guidelines of the Joint Communiqué of May 06 2002

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Interim Implementing Guidelines of the Joint Communiqué of May 06 2002
• Date

  9 Dec 2009
• 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

  Rafael E. Seguis, GRP Peace Panel Chairman;
  Mohagher M. Iqbal, MILF Peace Panel Chairman
• Third parties

  Witness and Facilitator: Datuk Othman Bin Abdul Razak, Representative of the Malaysian Government
• Description

  Agreement between the Parties to renew the Interim Implementing Guidelines on the Joint Communique of May 06, 2002 (12/21/2004) and provides for the objective, scope, definition of terms, organization and composition of the Ad Hoc Joint Action Group (AHJAG), mechanics of implementation, and duration of the guidelines, which remain in effect for a period of 6 months, if not extended.

• Agreement document

  PH_091209_Interim Implmt Guidelines on 6 May 2002 JC.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 GOOD, THE BENEFICENT, THE MERCIFUL

INTERIM IMPLEMENTING GUIDELINES ON THE JOINT COMMUNIQUE OF 6 MAY 2002

TERMS OF REFERENCE

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

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

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

Malaysia.

D. Joint Communique between the GRP and the MILF Signed on 06 May 2002 in Cyberaya, Malaysia.

II OBJECTIVE/PURPOSE

This set of guidelines is adopted to implement the provision of the Joint Communique dated May 6, 2002 between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front relative to the isolation and interdiction of all criminal syndicates/kidnap for ransom groups and other criminal groups including the so called "Lost Commands" operating in Mindanao.

Ill SCOPE

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

IV DEFINITON 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 defined by

AHJAG

C. Criminal Elements- within the purveiw of AHJAG, refers to a leader/member 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 their criminal activities

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

F. Order of Battle - refers to the list of wanted persons prepared by the AFP/PNP as verified by the AHJAG

G. MILF Areas/Communites - refer to the places in Mindanao identified by the GRP and MILF Peace Panels where the MILF elements are situated

V ORGANIZATION/COMPOSITION OF THE AHJAG

A. The Ad Hoc Joint Action Group shall be composed of eight (8) members, four (4) from the GRP 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 or Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sbugay, and and all cities located therein.

• AHJAG Team 4:

Provinces of Sultan Kudarat, South Cotabato, Sarangani and al cities located therein:

and

• AHJAG Team 5:

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

C. An AHJAG Team as organized shall be composed of at least four (4) members, two from the GRP and two from MILF, to be augmented by support staff from both sides.

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 MECHANISMS OF IMPLEMENTATION

1. The AFP/PNP shall convey to the MILF through the AHJAG the Ordet of Battle as defined in Paragraph IV.

E containing the names and identities of criminal elements as provided in 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 Order of Battle

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

4. The AHJAG shall coordinate with the AFP/PNP and MlLF/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 Tactial Operations Center (TOC) or Tactical Command Post (TCP) of the goverment operating forces and with the MILF forces in the area shall work and coordmate closely with the AHJAG and vice versa.

6. Except for operations against high priority targets, a list of which shall be provided by the GRP panel to the MILF panel, the AHJAG shall inform the GRP and the MILF CCCH at least 24 hours prior to the conduct of the AFP/PNP operations in order to allow sufficient time for the evacuation of civilians and to avoid armed confrontation between the GRP and MILF forces.

7. In 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 the AHJAG.

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

8. An after-operations report shall be immediatly submitted by the AHJAG to the GRP and MILF Panels, copy furnished both CCCHs.

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

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

VII GENERAL GUIDELINES FOR THE IMPLEMENTING UNIT

1. In the process of implementing its functions, the implementing units of the GRP-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 GRP-MILF Peace Panels for disposition.

VIII EFFECTIVITY

These Interim Implementing Guidelines shall take effect immediately upon signing and shall remain in effect for a period of six (6) months, subject to review and confirmation by both panels .

Done on the 9th day of December 2009, at Kuala Lumpur, Malaysia

For the GRP:

RAFAEL E. SEGUS, CHAIRMAN, GRP PEACE PANEL

For the MILF:

MOHAGHER M. IQBAL, CHAIRMAN, MILF PEACE PANEL

SIGNED IN THE PRESENCE:

DATUK OTHMAN BIN ABDULRAZAK, MALAYSIAN GOVERNMENT FACILITATOR