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Terms of Reference for Sajahatra Bangsamoro

  • Country/entity

    Philippines
    Mindanao
  • Region

    Asia and Pacific
    Asia and Pacific
  • Agreement name

    Terms of Reference for Sajahatra Bangsamoro
  • Date

    11 Apr 2013
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Philippines - Mindanao process
  • Parties

    Miriam Coronel-Ferrer, Panel Chair on behalf of the Government of the Philippines;
    Mohagher Iqbal, Panel Chair on behalf of the Moro Islamic Liberation Front
  • Third parties

    Signed in the presence of: Tengku Dato’ Ab Ghafar Tengku Mohamed, Malaysian Facilitator
  • Description

    The Agreement provides Terms of References for the Sajahatra Bangsamoro development program, which details how the GPH and MILF Task Forces will coordinate to develop health, education, and livelihood in Bangsamoro, with the implementation of the Joint Coordination Committee to implement and supervise the Program.


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
    Page 4, 5. Sajahatra Mode of Delivery
    5.2. Implementation -- 5.2.3. Field Implementation – The MILF shall establish its PMT that will be responsible for the following: Field Implementation – The MILF shall establish its Project Management Team that will be responsible for the following: a) Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.
  • 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

    No specific mention.

  • 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

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Governance of media
    Page 3, 5.2 Implementation
    5.2.1. The Joint Coordination Committee Functions
    e) Approves and implements communication plan for Sajahatra Bangsamoro;
  • Mobility/access

    No specific mention.

  • Protection measures
    Rights related issues→Protection measures→Other
    Page 1, 3. Program Description of Sajahatra Bangsamoro -- The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. Services to be delivered shall include:
  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, 2. Definition of Terms
    2.1. MILF Task Force Sajahatra – the task force created by the MILF through a Resolution of the Central Committee (CC) of the Moro Islamic Liberation Front, dated 7 March 2013 at Camp Darapanan, tasked to deal closely with the GPH Task Force on Bangsamoro Development
    2.2. GPH Task Force on Bangsamoro Development – the task force created by the Government of the Philippines through Administrative Order No. 37, series 2013.
    2.3. Sajahatra Bangsamoro – a development program jointly implemented by the GPH and the MILF that aims to uplift and develop the health, education and livelihood conditions of Bangsamoro communities.

    Page 1, 3. Program Description of Sajahatra Bangsamoro -- The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. Services to be delivered shall include:
    (i) health insurance through PhilHealth;
    (ii) upgrading of community-based health services through the Department of Health (DOH);
    (iii) provision of college scholarships through the Commission on Higher Education (CHED);
    (iv) provision of community-based technical-vocational training through the Technical Education and Skills Development Authority (TESDA);
    (v) educational assistance to madaris and private schools through the Department of Education (DepEd);
    (vi) a supplemental feeding program and
    (vii) support to daycare centers through the Department of Social Welfare and Development (DSWD);
    (viii) in the initial three months after every provincial launch, livelihood assistance through the Cash for Work Program, also from the DSWD.

    Page 1, 3. Program Description of Sajahatra Bangsamoro -- [...] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested.

    Page 2, 4. GPH’s and MILF’s Task Forces for the Sajahatra Bangsamoro
    4.1. Both the GPH and MILF will have their respective Task Forces that will be the mechanism that each party will utilize in accomplishing their respective roles and mandates under Sajahatra Bangsamoro.
    4.2. For the MILF, the MILF Task Force Sajahatra was created by the Central Committee under a resolution date 7 March 2013.
    4.3. For the GPH, the GPH Task Force on Bangsamoro Development was created under Adminstrative Order 37 dated 13 February 2013.

    5. Sajahatra Bangsamoro Mode of Delivery, 5.1. Coordination within MILF/GPH
    5.1.1. All coordination from the MILF shall be down through
    5.1.2. All coordination from the GPH Government Agencies shall be done through the GPH Task Force for Bangsamoro Development.

    Page 5, 6. Funding
    The GPH shall provide funding requirements for Sajahatra Bangsamoro. Both Task Forces may however mobilize technical expertise, and whenever applicable financial support from local and development partners on matters related to the implementation of Sajahatra Bangsamoro.

    Page 2, 5. Sajahatra Mode of Delivery
    5.2. Implementation
    5.2.1. The Joint Coordination Committee – The Joint Coordination Committee provides overall coordination and supervision over the implementation of the Program. Composition shall be two Co-Chairs, one from the MILF Task Force Sajahatra and one from GPH Task Force Bangasmoro Development Chair, four MILF representatives and four GPH representatives.


    Page 2, 5. Sajahatra Mode of Delivery
    5.2. Implementation -- [...] The JCC functions include:
    a) Reviews and approves plans of the Sajahatra Bangsamoro Program, ensuring that the projects hae strong symbolic meaning to Bangsamoro communities, addressing their most immediate needs and covering as many beneficiaries as possible. The JCC should also guarantee that the projects are qui-gestating, with a quick turnaround time.
    b) Receives list of areas for coverage, list of beneficiaries submitted by the MILF;
    c) Oversees the monitoring and periodic evaluation of the Program;
    d) Established security protocols in coordination with the GPH-CCCH and the MILF Coordinating Committees on the Cessation of Hostilities (CCCH);
    e) Approves and implements communication plan for Sajahatra Bangsamoro;
    f) Raises issues to the Panels that may require policy guidance;
    g) Reports Progress of the Program to the Panels;
    h) Implements other development projects as may be jointly identified by the GPH and MILF Panels;
    i) Adopts protocols on confidentiality of information relative to MILF members and other information.
    5.2.2. Joint Field Coordinating Office – The JFCO shall be responsible for the day to day monitoring of Sajahatra Bangsamoro. It shall ensure the smooth implementation of Sajahatra Program at the community level in coordination with the MILF Project Management Team (PMT) and the various government agencies involved in the Program.

    Page 4, 5.2.3. Field Implementation – The MILF shall establish its PMT that will be responsible for the following:
    a) Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.
    b) Provide the required social and community preparatory work in order to ensure smooth delivery of basic services under the Program.

    5.2.4. Provides a diagram of the organizational structure of the Program.

    Page 5, 5. Sajahatra Mode of Delivery, 5.3. Monitoring
    5.3.1. Monitoring the Program shall be done by the JFCO, although both GPH and MILF may use other monitoring systems applicable to their respective agencies.

    Page 5, 7. Amendments - This Terms of Reference shall be periodically reviewed by the GPH and MILF Peace Panels and may be altered to meet the prevailing situation.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 1, 3. Program Description of Sajahatra Bangsamoro
    The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. […] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. […]
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks
    Socio-economic reconstruction→Banks→International finance
    Page 1, 3. Program Description of Sajahatra Bangsamoro
    The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries. This shall be focused on quick-gestation, high-impact, social protection type programs and will be implemented the duration of which shall be determined by both parties. […] Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust is being requested. […]

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 2, 5. Sajahatra Mode of Delivery
    5.2. Implementation -- [...] The JCC functions include:
    d) Established security protocols in coordination with the GPH-CCCH and the MILF Coordinating Committees on the Cessation of Hostilities (CCCH);
  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • 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
    Signed in the presence of: Tengku Dato’ Ab Ghafar Tengku Mohamed, Malaysian Facilitator
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    UN Peacemaker http://peacemaker.un.org/philippines-TOR-sajahatrabangsamoro2013

TERMS OF REFERENCE

FOR SAJAHATRA BANGSAMORO

1. INTRODUCTION

The Framework Agreement on Bangsamoro (FAB) was signed in Malacanang on the 15th day of October 2012, The FAB sets the parameters far the comprehensive peace agreement that will be signed between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) at a later date.

In order to junipstart the initial dividends of peace, President Benigno Simeon Aquino III and MILF Chairman Al Haj Murad Ebrahirn launched Sajahatra Bangsamoro ("Blessings, Prosperity and Peace upon the Bangsarnoro") on the 11th of February 2013, at the Bangsamoro Leadership and Management Institute (BLMI) Compound,.

Simuay, Sultan Kudarat, Maguindanao.

2. DEFINITION OF TERMS

2.1 MILF Task Force Sajahatra - the task force created by the MILF through a Resolution of the Central Committee (CC) of the Moro Islamic Liberation Front (MILF), dated 7 March 2013 at Camp Darapanan.

tasked to deal closely with the GPH Task Force on Bangsamoro Development.

2.2 GPH Task Force on Bangsamoro Development - the task force created by the Government of the Philippines through Administrative Order No.

37, series of 2013.

2.3 Sajahatra Bangsamoro - a development program jointly implemented by the GPH and the MILF that aims to uplift and develop the health, education and livelihood conditions of Bangsamoro communities_

3. PROGRAM DESCRIPTION OF SAJAHATRA BANGSAMORO

The Sajahatra Bangsamoro Program shall deliver health, education, and livelihood services to priority MILF communities and targeted individual beneficiaries.

This shall be focused on quick-gestation, high-impact, social-protection type programs and will be implemented the duration of which shall be determined by both parties.

Services to be delivered will include:

(i) health insurance through PhilHealth;

(ii) upgrading of community-based health services through the Department of Health (DOH);

(iii) provision of college scholarships through the Commission on Higher Education (CHED);

(iv) provision of community-based technical-vocational training through the Technical Education and Skills Development Authority (TESDA): (v) educational assistance to madaris and private schools through the Department of Education (DepEd);

(vi) a supplemental feeding program and (vii) support to daycare centers through the Department of Social Welfare and Development (D5WD) and (viii) in the initial three months after every provincial launch.

livelihood assistance through the Cash for Work Program, also from the DSWD.

Subsequent livelihood support through the Department of Agriculture (DA) will be identified through a community-based livelihood needs assessment for which support from the World Bank as the Secretariat of the Mindanao Trust Fund is being requested by the GPH and MILE

4. GPH's and MILF's TASK FORCES FOR THE SAJAHATRA BANGSAMORO

4.1 Both the GPH and MILF will have their respective Task Forces that will be the mechanism that each party will utilize in accomplishing their respective roles and mandates under Sajahatra Bangsamoro.

4.2 For the MILF, the MILF Task Force Sajahatra was created by the Central Committee under a resolution dated 7 March 2013.

4.3 For the GPV-I, the GP1-1 Task Force on Bangsamoro Development was created under Administrative Order 37 dated 13 February 2013,

5. SAJAHATRA BANGSAMORO MODE OF DELIVERY 5.1 Coordination within MILFI GPH

5.1.1 All coordination from the MILF shall be done through the MILF Task Force Sajahatra.

5.1.2 All coordination from the GPH Government Agencies shall be done through the GPI Task Force for Bangsamoro Development.

5.2 Implementation

5.2.1 The Joint Coordination Committee

The Joint Coordination Committee provides overall coordination and supervision over the implementation of the Program.

Composition:

Co-Chair:

MILF Task Force Sajahatra Chair

Co-Chair:

GPI Task Force Bangsamoro Development Chair

Members:

4 MILF representatives

4 GPH representatives

Functions:

Reviews and approves plans of the Sajahatra Bangsamoro Program, ensuring that the projects have strong symbolic meaning to Bangsamoro communities.

addressing their most immediate needs and covering as many beneficiaries as possible.

The JCC should also guarantee that the projects are quick-gestating, with a quick turnaround time.

Receives list of areas for coverage, list of beneficiaries submitted by the MU-,

Oversees the monitoring and periodic evaluation of the Program;

Establishes security protocols in coordination with the GPH and MILF Coordinating Committees on the Cessation of Hostilities (CCCH).

Approves and implements communication plan for Sajahatra Bangsamoro:

Raises issues to the Panels that may require policy guidance;

Reports progress of the Program to the Panels:

Implements other development projects as may be jointly identified by the PI-I and MILF Panels;

Adopts protocols on confidentiality of information relative to MILF members and other information.

5.2.2 Joint Field Coordinating Office

A Joint Field Coordinating Office (JFCO) shall be established.

The JFC0 shall be responsible for the day to day monitoring of Sajahatra Bangsamoro.

It shall ensure the smooth implementation of Sajahatra Program at the community level in coordination with the MILF Project Management Team (PMT) and the various government agencies involved in the Program

5.2.3 Field implementation

The MILF shall establish its Project Management Team that will be responsible for the following:

Identify all individual and community beneficiaries for the Program, always guided by the principles of inclusiveness and gender balance.

Provide the required social and community preparatory work in order to ensure smooth delivery of basic services under the Program

For the GPH, the respective government agencies shall ensure that the necessary technical and financial resources are made available for the successful implementation of the various components of the Program.

All funds shall be under the stewardship of the GPH.

Implementation at the community level shall always be a joint effort of the GPH and the MILF.

5.2,4 Organizational Structure

(graph of organizational structure)

5.3 Monitoring

5.3.1 Monitoring of the Program shall be done by the JFCO3 although both GPH and MrLF may use other monitoring systems applicable to their respective agencies.

6. FUNDING

The GPH shall provide funding requirements for Sajahatra Bangsamoro.

Both Task Forces may however mobilize technical expertise, and whenever applicable financial support from local and development partners on matters related to the implementation of Sajahatra Bangsarnoro_

7. AMENDMENTS

This Terms of Reference shall be periodically reviewed by the GPH and MILF Peace 'panels and may be altered to meet the prevailing situation_

Done thi3 11th day of April 2013 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL-FERRER

GPH Panel Chair

FOR THE MILF:

MOHAGHER JOBAL

MILF Panel Chair

SIGNED lN THE PRESENCE OF;

TENGKU DATO" AB GF AFAR TENGKU MOHAMED

Malaysian Facilitator