Annex on Normalization to the Framework Agreement on the Bangsamoro (FAB)

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Annex on Normalization to the Framework Agreement on the Bangsamoro (FAB)
• Date

  25 Jan 2014
• 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

  For the GPH: Prof. Miriam Coronel-Ferrer, GPH Panel Chair; For the MILF: Mohagher Iqbal, MILF Panel Chair
• Third parties

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

  Annex outlines and elaborates additional details on the Normalization process, which aims to ensure human security in Bangsamoro by building a society that is committed to basic human rights. Mechanisms for this process include the Joint Normalization Committee, Joint Peace and Security Committees, an Independent Decommissioning Body, and a Transitional Justice and Reconciliation Commission.

• Agreement document

  PH_140125_Annex of Normalization to FAB.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 God, the Beneficent, the Merciful

ANNEX ON NORMALIZATION

Prefatory Statement

This Annex on Normalization is an integral part of the Framework Agreement on the Bangsamoro (FAB) between the Government of the

Philippines (GPH) and the Moro Islamic Liberation Front (MILF).

It outlines and elaborates additional details on Normalization.

Normalization is a process whereby communities can achieve their desired quality of life, which includes the pursuit of sustainable livelihood and

political participation within a peaceful deliberative society.

Normalization aims to ensure human security in the Bangsamoro.

It helps build a society that is committed to basic human rights where individuals

are free from fear of violence or crime and where long-held traditions and values continue to be honored.

A. Policing

1. Law enforcement and maintenance of peace and order in the Bangsamorg shall be the primary function of the police force for the Bangsamoro.

2. The police force for the Bangsamoro shall be professional, civilian in character, effective and efficient in law enforcement, fair and impartial, and accountable under the law for its actions.

It shall be responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.

3. To achieve the principle stated above, an Independent Commission on Policing (ICP) shall be organized to recommend the appropriate

policing for the Bangsamoro.

The ICP shall be constituted by the Panels and shall be guided by the Terms of Reference adopted last 27 February 2013 by both Panels.

The ICP is deemed abolished upon submission of its final report to the Panels.

4. Pending the establishment of the Bangsamoro Transition Authority (BTA), the Panels shall create a mechanism to facilitate a consultative

process between the Parties in the appointment, employment and deployment of the existing police force.

Employment refers to the utilization of units or elements of the Philippine National Police (PNP) for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing of offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities.

Deployment shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined.

5. Upon its establishment and pending the implementation of the agreed policing in the Bangsamoro, the BTA shall have substantial participation in choosing the head and in the employment and the deployment of the existing PNP in the Bangsamoro.

The head of the police force will be selected from a list of three (3) eligible officers recommended by the PNP.

B. Transitional Components of Normalization

1. Normalization during the transition stage shall be based on the principle of partnership between the GPH and the MILF working together to secure the peace on the ground.

2. To ensure effective security collaboration, several joint mechanisms shall be established.

The Joint Normalization Committee (JNC) shall

c ordinate the different processes in normalization.

The Joint Peace and Security Committee (JPSC) shall coordinate the security component of the normalization process.

The Joint Peace and Security Teams (JPSTs) shall be the operating units composed of the Armed Forces of the Philippines (AFP), the PNP, and the MILF's Bangsamoro Islamic Armed Forces (BIAF).

These mechanisms shall work for the maintenance of peace and order and the stability of the areas mutually identified by the GPH and the MILF.

3. These transitional mechanisms shall be in place until the police force for the Bangsamoro is fully organized and operational.

Based on

need, the Parties may choose to extend the operations of these transitional arrangements.

4. The International Monitoring Team (IMT), the GPH and MILF Coordinating Committees on the Cessation of Hostilities (CCCHs) and Ad Hoe Joint Action Groups (AHJAGs), including the ceasefire Local Monitoring Teams and the AHJAG Team Sites, will continue to perform their functions.

The Parties agree to undertake periodic review of these mechanisms to determine their transition into other approriate mechanisms in the normalization process.

B1. Joint Normalization Committee

1. To undertake the primary function of coordinating the processes of normalization, the JNC shall be created by the Panels.

2. The organization, structure and other functions of the JNC and its relations with other mechanisms shall be as specified in the Terms of

Reference tg be signed by the Panels within two (2) months after the signing of the Annex on Normalization.

3. All disputes arising from the implementation of the normalization process shall be resolved at the level of the JNC before elevation to

the Panels.

4. The JNC shall be assisted by a joint secretariat.

B2. Joint Peace and Security Committee

1. The JPSC shall be formed, composed of three (3) representatives each from the GPH and the MILF, including the co-chair from each

party, for a total of six (6) persons.

2. The JPSC shall be under the JNC.

It shall have the following functions:

a. Coordinate with the two Part.ies' command structures on security arrangements relevant to its functions;

b. Develop policies and operational guidelines for the effective partnership of the JPSTs;

and

c. Coordinate the security arrangements for the activities related to the implementation of the FA8 and its Annexes.

B3. Joint Peace and Security Teams

1. Contingents from the AFP, PNP, and the BIAF shall be organized into the JPSTs that will work for the maintenance of peace and order and

the stability of the areas mutually identified by the GPH and the MILF.

2. The JPSTs shall have the following additional functions:

a. Tracking and documenting of private armies and other armed groups, and the reduction and control of weapons and materiel;

b. Support the observance of the existing ceasefire agreement to address and prevent hostilities;

c. Upon request, work on security arrangements for activities related to and personalities involved in the peace process;

and

d. Support dispute resolution initiatives on the ground.

C. Decommissioning

1. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.

2. Docommissionlng shall be a process that includes activities aimed at achieving a smooth transition for the BIAF members to productive

civilian life.

3. To achieve the above goal, a comprehensive needs assessment shall be undertaken for the members of the BIAF and their communities as

a basis for a comprehensive socio-economic development program.

4. There shall be an Independent Decommissioning Body (IDB) that will oversee the process of decommissioning of the MILF forces and

weapons.

5. The IDB shall be composed of three (3) foreign experts including the chairperson, and four (4) local experts jointly nominated by the

Parties.

The Parties shall invite three (3) States to provide the foreign experts.

6. The IDB shall perform the following functions:

a. Conduct inventory, verification and validation of BIAF members, arms and weapons;

b. Develop and implement a schedule of decommissioning of BIAF forces;

c. Plan, design, and implement techniques and technologies for weapons collection or retrieval, transport, and storage and putting weapons beyond use in accordance with the agreement of the parties;

and

d. Report on the progress of its work and submit its terminal report to the GPH and MILF Panels.

7. The work and reports of the IDB shall be covered by rules on confidentiality, and shall be in accordance with the Terms of Reference to be signed by the Panels.

8. Disputes arising from the implementation of the decommissioning process shall be resolved at the level of the IDB before elevation to the Panels.

9. The decommissioning of MILF forces shall be parallel and commensurate to the implementation of all the agreements of the Parties.

10. The JNC, consistent with the normalization process, shall develop a program for reduction and management of small arms and light

weapons (SALWs) of individuals and groups.

D. Redeployment of the AFP

1. The government shall redeploy AFP units and troops from or within the Bangsamoro, consistent with a normal and peaceful life and the

progress in the other aspects of normalization.

2. There shall be a joint security assessment and an inventory of AFP units and troops in the Bangsamoro to ensure an orderly redeployment of AFP units and troops, and avoid a security vacuum in the Bangsamoro.

The AFP shall only retain installations necessary for national defense and security.

3. The JNC shall recommend criteria for the redeployment of AFP units and troops from former conflict areas.

Consistent with its functions,

the Third Party Monitoring Team (TPMT) shall monitor the aspects of the redeployment of AFP units and troops.

4. There shall be coordination between the Central Government and the Bangsamoro Government in the movement of the AFP in the

Bangsamoro.

In the exercise of this coordination, protocols shall be established by the Central Government and the Bangsamoro

Government.

E. UXOs and Landmines

Both Parties commit to uphold the "Deed of Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action" signed by the MILF on 7 April 2002.

As part of the normalization process, Parties also hereby commit to jointly undertake mines/unexploded ordnance (UXO) detection and clearance (demining) as well as mine risk education with the assistance of concerned organizations (experts), including the project provided in the "Guidelines for the Implementation of the Philippine Campaign to Ban Landmines - Fondation Suisse de Deminage Project" of 5 May 2010.

This shall be undertaken as a measure for the rehabilitation, reconstruction and development efforts and for the confidence-building efforts in support of the larger peace process.

F. Disbanding of Private Armed Groups (PAGs)

1. The GPH in coordination with the MILF will conduct a corresponding assessment and devise a plan for the disbandment of private armed

groups as part of the normalization process.

The Parties shall develop and adopt new guidelines to effect the partnership.

2. The disbandment of private armed groups using diverse and appropriate approaches or methodologies shall be a priority to be undertaken in partnership between the GPH and the MILF through the JNC.

3. Regular assessment shall be conducted by the JNC.

Any adjustment in the schedules shall be by mutual agreement of the Parties.

G. Socio-Economic Development Program

1. As part of the normalization process, the Parties agree to intensify development efforts for rehabilitation, reconstruction and

development of the Bangsamoro, and institute programs to address the needs of BIAF members, internally displaced persons (IDPs), and

poverty-stricken communities.

2. A needs and skills assessment of BIAF members for decommissioning shall be undertaken in order to develop a

responsive program that addresses their needs and that of their communities.

3. Special socio-economic programs will be provided to the decommissioned women auxiliary forces of the MILF.

4. The socio-economic programs should be community-based and reinforce social cohesion, and strengthen and preserve the unity of the communities.

For this purpose, a community-needs assessment shall be undertaken.

5. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process.

For

this purpose, a Trust Fund shall be established through which urgent support, recurrent and investment budget cost will be released with

efficiency, transparency and accountability.

The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas

of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and

economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women,

children, and internally displaced persons.

6. Efforts shall be made to align socio-economic intervention with the overall Bangsamoro Development Plan.

7. Sajahatra Bangsamoro data relating to MILF communities shall be made available, subject to protocols of confidentiality, to the JNC.

H. Transitional Justice and Reconciliation

1. To work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical

injustices, and address human rights violations, there shall be created a Transitional Justice and Reconciliation Commission (T JRC)

to undertake a study and recommend to the Panels the appropriate mechanisms for transitional justice and reconciliation.

2. The organization, structure and other functions of the TJRC shall be specified in the Terms of Reference agreed upon and signed by

Panels.

3. The TJRC shall be headed by chairperson, who is an international expert of recognized independence, competence, probity, and integrity, jointly selected by the Parties.

In addition, the GPH and the MILF shall nominate a representative each to the TJRC.

I. Resource Mobilization

1. The GPH shall provide the necessary funding for the normalization process.

2. The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the

normalization process to supplement the budgetary requirements provided by the GPH.

J. Confidence-Building Measures

1. Upon the signing of this Annex on Normalization and as a gesture of good will, the two parties shall constitute joint task forces for the

following previously acknowledged MILF camps:

a. Camp Abubakar as-Siddique in Maguindanao

b. Camp Bilal in Lanao del Norte and Lanao del Sur

c. Camp Omar ibn al-Khattab in Maguindanao

d. Camp.

Rajamuda in North Cotabato and Maguindanao

e. Camp Badre in Maguindanao

f. Camp Busrah Somiorang in Lanao del Sur

The task forces will assess the needs, plan appropriate programs, and undertake the necessary measures to transform these areas into

peaceful and productive communities.

2. To facilitate the healing of the wounds of conflict and the return to normal life, the Government shall take immediate steps through amnesty, pardon and other available processes towards the solution of cases of persons charged with or convicted of crimes and offenses connected to the armed conflict in Mindanao.

K. Schedule

The phasing and sequencing of the different elements of the Annex on Normalization are reflected in the attached matrix.

The matrix shall be

released upon the signing of the comprehensive agreement on the Bangsamoro.

Done this 25th day of January 2014 in Kuala Lumpur, Malaysia.

For the GPH:

PROF.

MIRIAM CORONEL-FERRER

GPH Panel Chair

For the MILF:

MOHAGHER IQBAL

MILF Panel Chair

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB G NGKU MOHAMED

Malaysian Facilitator