Terms of Reference for the Joint Normalization Committee

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Terms of Reference for the Joint Normalization Committee
Date: 22 Mar 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Miriam Coronel Ferrer, GPH Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description: Agreement by the Parties regarding the Terms of Reference (TOR) for the Joint Normalization Committee (JNC), providing for the mandate, composition, organization, functions, which include overseeing and coordinating during normalization process throughout the transitional period, funding, and for a periodic review of this TOR. The Parties also agreed the JNC would continue to exist until the signing of an Exit Agreement, with possibilities for extension beyond the Exit Agreement.

Agreement document: PH_140322_ToR for JNC.pdf (opens in new tab) | Download PDF

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: No specific mention.
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: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
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, II. Mandate - The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization. Its objective is to establish a functional system and effective mechanisms for coordinating all components of the normalization process.

Page 1, III. Composition - The JNC shall be created by the GPH and the MILF Negotiating Panels. It shall be composed of six (6) members. It shall be co-chaired by designated representative of the GPH and the MILF, respectively. Both Panels will designate two (2) representatives each to sit as members.

Page 2, V. Functions
1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;

Page 2, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;

Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;

Page 2, V. Functions
12. Coordinate all other processes in normalization and perform such other functions as may be directed by the Panels.

Page 2, VI. Duration - the JNC shall continue to exist until the signing of the Exit Agreement. Based on need, the Parties may choose to extend the operations of the JNC.

Page 3, VIII. Funding
1. The GPH shall provide funds for the operation of the JNC. Regular funding for the operations of the JNC shall be sourced through a Bangsamoro normalization fund mechanism.

Page 3, XI. Review and Amendment - The Parties shall conduct a periodic review of this TOR. Either party may propose amendments to this TOR and shall be effective upon approval of the Parties.

Page 3, VIII. Funding
2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization mechanism. The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the normalization process.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3:
2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization fund mechanism. The Parties agree to allow either party to access funds from donors for the operations of the different mechanisms under the normalization process.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

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, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;

Page 2, V. Functions
4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on Normalization;

Page 2, V. Functions
5. Supervise the transitional security arrangements through the JPSC;
Ceasefire: Security sector→Ceasefire→General commitments
Page 2. IV. Organization
2. JNC personnel shall be covered by the agreement on the General Cessation of Hostilities dated July 18, 1997 and its Implementing Operational Guidelines.

Page 2, V. Functions
9. Coordinate with the GPH and MILF Coordinating Committees on the Cessation of the Hostilities (CCCHs) and Ad Hoc Joint Action Group (AHJAG) on matters relevant to the work of the JNC;
Police: Page 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;
Armed forces: Page 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;
DDR: Security sector→DDR→DDR programmes
Page 1, II. Mandate - The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization. Its objective is to establish a functional system and effective mechanisms for coordinating all components of the normalization process.

Page 1, III. Composition - The JNC shall be created by the GPH and the MILF Negotiating Panels. It shall be composed of six (6) members. It shall be co-chaired by designated representative of the GPH and the MILF, respectively. Both Panels will designate two (2) representatives each to sit as members.

Page 2, V. Functions
1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;

Page 2, V. Functions
2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons.

Page 2, V. Functions
3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;

Page 2, V. Functions
4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on Normalization;

Page 2, V. Functions
5. Supervise the transitional security arrangements through the JPSC;

Page 2, V. Functions
6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;

Page 2, V. Functions
7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);

Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;

Page 2, VI. Duration - the JNC shall continue to exist until the signing of the Exit Agreement. Based on need, the Parties may choose to extend the operations of the JNC.

Page 3, XI. Review and Amendment - The Parties shall conduct a periodic review of this TOR. Either party may propose amendments to this TOR and shall be effective upon approval of the Parties.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, V. Functions
7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);

~

Page 2, V. Functions
2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons.

Page 2, V. Functions
10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;
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: Witnessed by: Tengku Dato' Ab Ghafar Tangku 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: Office of the Presidential Adviser on the Peace Process (2014) Terms of Reference for the Joint Normalization Committee, https://peace.gov.ph/tag/joint-normalization-committee/ (Accessed 6 October 2020).

TERMS OF REFERENCE FOR THE JOINT NORMALIZATION COMMITTEE

I. REFERENCES

1. The Framework Agreement on the Bangsamoro signed by the Parties on October 15, 2012.

2. The Annex on Normalization signed by the Parties on January 25, 2014.

II. MANDATE

The Joint Normalization Committee (JNC) shall undertake the primary function of coordinating the process of normalization.

Its objective is

to establish a functional system and effective mechanisms for coordinating all components of the normalization process.

Ill. COMPOSITION

The JNC shall be created by the GPH and the MILF Negotiating Panels.

It shall be composed of six (6) members.

It shall be cochaired by designated representatives of the GPH and the MILF, respectively.

Both Panels will designate two (2) representatives each to sit as members.

IV. ORGANIZATION

1. The JNC shall organize a secretariat and support staff commensurate to its technical, operational and administrative requirements.

The

JNC may promulgate its own internal rules of operation consistent with this Terms of Reference (TOR).

2. JNC personnel shall be covered by the Agreement on the General Cessation of Hostilities dated July 18, 1997 and its Implementing Operational Guidelines.

The JNC shall have its primary office in Cotabato City.

It may establish field offices in strategic locations in Mindanao to effectivly carry out its functions.

V. FUNCTIONS

1. Establish protocols, procedures and a detailed timeline for normalization on the basis of the agreements of the Parties;

2. Coordinate with the Independent Decommissioning Body on the decommissioning programs relating to the disposition of MILF forces and weapons;

3. Conduct joint security assessment with appropriate government agencies and make recommendations on the security conditions and

informational requirements in the Bangsamoro, including coordination for the employment and redeployment of security forces;

4. Create the Joint Peace and Security Committee (JPSC) and the Joint Peace and Security Teams (JPSTs) as specified in the Annex on

Normalization;

5. Supervise the transitional security arrangements through the JPSC;

6. Monitor the enhancement of the capacity of the police force to perform its law enforcement functions and the transition of law enforcement functions from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro;

7. Coordinate and monitor the progress of the program for the disbandment of private armed groups (PAGs);

8. Coordinate and support dispute resolution initiatives on the ground;

9. Coordinate with the GPH and MILF Coordinating Committees on the Cessation of the Hostilities (CCCHs) and Ad Hoe Joint Action Group

(AHJAG) on matters relevant to the work of the JNC;

10. Monitor the implementation of socio-economic development programs for combatants and their immediate communities;

11. Resolve all disputes arising from the implementation of the normalization process before elevation to the Panels;

and

12. Coordinate all other processes in normalization and perform such other functions as may be directed by the Panels.

VI. DURATION

The JNC shall continue to exist until the signing of the Exit Agreement.

Based on need, the Parties may choose to extend the

operations of the JNC.

VII. REPORTS AND RECOMMENDATIONS

1. The JNC shall submit periodic reports to the Panels on the progress of its work.

2. All other agencies, committees, and bodies directly involved in the GPH-MILF peace process and the normalization process may be provided copies of the reports through the Panels.

VIII.

FUNDING

1. The GPH shall provide funds for the operation of the JNC.

Regular funding for the operations of the JNC shall be sourced through a Bangsamoro normalization fund mechanism.

2. The JNC shall undertake resource mobilization from donor contributions to supplement the budgetary requirements provided under the Bangsamoro normalization fund mechanism.

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

IX. REVIEW AND AMENDMENT

The Parties shall conduct a periodic review of this TOR.

Either party may propose amendments to this TOR and shall be effective upon

approval of the Parties.

Done this 22nd day of March 2014 in Kuala Lumpur, Malaysia.

FOR THE GPH:

MIRIAM CORONEL FERRER, GPH Panel Chair

FOR THE MILF:

MOHAGHER IQBAL, MILF Panel Chair

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB GHAFAR TENGKU MOHAMED, Malaysian Facilitator