|
|
IN
THE NAME OF GOD
THE BENEFICENT, THE MERCIFUL
IMPLEMENTING
GUIDELINES ON THE SECURITY ASPECT OF THE GRP-MILF TRIPOLI AGREEMENT OF PEACE OF
2001
ARTICLE 1
TERMS OF REFERENCE
1. GRP-MILF Agreement for General Cessation of Hostitilities dated July 18,
1997, including its Implementing administrative guidelines dated September 12,
1997 and Implementing Operational Guidelines dated November 14, 1997.
2. General Framework of the Agrement of Intent Between the GRP and the MILF
dated August 27, 1998.
3. GRP-MILF Agreement on Saferty and Security Guarantees dated March 09, 2000.
4. Agreement on the General Framework for the Resumption of Peace Talks between
the GRP and the MILF signed on March 24, 2001 at Kuala Lumpur, Malaysia
5. Agreement of Peace between the GRP and the MILF signed on June 22, 2001 at
Tripoli, Libya.
ARTICLE II
DEFINITION OF TERMS
The following terms shall mean as follows:
1. GRP Forces - as referred to in the GRP-MILF Agreement for the General
Cessation of Hostilities signed in Cagayan de Oro City on July 18, 1997.
2. MILF Forces - as refered to in the GRP-MILF Agreement on the General
Cessation of Hostilities signed in Cagayan de Oro City on July 18, 1997.
3. Hostilities - is defined as aggressive or offensive military action such as
aircraft bombing, artillery shelling, naval gunfire, attacks, raids, ambuscades,
sabotage, and related actions such as kidnapping, hijacking of aircraft, vessels
and vehicles, extortion, liquidation, arson, grenade
throwing and other terroristic activities.
The "prohibited hostile acts" and "prohibited provocative
acts" specifically enumerated under the Agreement for General Cessation of
Hostilities-Implementing Operational Guidelines ("AGH-IOG-1997") are
embraced in the term "hostilities" and are construed as such as of the
entry into force (EIF) of this Agremeent.
3.1 The following are considered prohibited hostile acts:
3.1.1 Terroristic acts such as kidnapping, hijacking, piracy, sabotage, arson,
bombings, grenade throwing, robberies, liquidations, assassinations; unjustified
arrest, torture, unreasonable search and seizure, summary execution, as well as
burning of houses, places of worship and educational
institutions, destruction of properties, and abuse of civilians.
3.1.2 Aggressive action such as attacks, raids, ambuscades, landminings, and
offensive military actions such as shelling, reconnoitering, and unjustified
massing of troops.
3.1.3 Establishment of checkpoints except those necessary for the GRP's
enforcement and maintenance of peace and order; and, for the defense and
security of the MILF in their identified areas, as jointly determined by the GRP
and MILF.
3.2 The following are considered prohibited provocative acts:
3.2.1 Display of MILF flag in non-identified MILF areas.
3.2.2 Providing sanctuary or assistance to criminal or lawless elements.
3.2.3 Massive deployment and/or movement of GRP and MILF forces which are not
normal administrative functions and activities
3.2.4 Public pronouncements that will tend to undermine the sincerity or
credibility of either party in implementing the cessation of hostilities.
3.2.5 Other acts that endanger the safety and security of the people and their
properties; and/or that which contribute to the deterioration of peace and
order, such as blatant display of firearms.
4. Henceforth, should there be delineation of lines/positions agreed upon by the
Parties, any action that projects forces or fire beyond one party's identified
line/position shall be considered offensive military operations, which is
prohibited under this Agreement.
5. OIC Monitoring Team - representatives of the member States of the
Organization of Islamic Conference (OIC) as referred to in the Tripoli Peace
Agreement dated June 22, 2001
ARTICLE III
CESSATION OF HOSTILITIES AND SECURITY ARRANGEMENTS
1. The Parties shall commit their Armed Forces to a general cessation of
hostilities pursuant to and in accordance with the Agreement for General
Cessation of Hostilities of 1997 and its Implementing Administrative Guidelines
dated September 12, 1997 and Operational Guidelines dated November 14, 1997,
effective upon entry into force (EIF) of this Agreement.
2. The Parties agree to implement all necessary measures to normalize the
situation in the conflict-affected areas, to pave the way for, and ensure
successful rehabilitation and development of said areas.
3. The Coordinating Committee on Cessation of Hostilities (CCCH) of both Parties
shall continue to perform their powers and functions in accordance with Rule
III, Section 4, of the Implementing Administrative Guidelines of the GRP-MILF
General Cessation of Hostilities ("AGCH-IAG 1997") dated September 12,
1997.
4. Local Monitoring Teams (LMTs) are hereby established in all-conflict affected
areas as mutually determined by the Parties.
4.1 To perform the functions of the Independent Fact-Finding Committees (IFFC)
provided under Rule IV, Section 4, of the Implementing Administrative Guidelines
of the GRP-MILF Agreement for General Cessation of Hostilities
herein referred to as annex "A",
4.2 To perform the functions of the Quick Response Team (QRT) provided under the
Agreement Creating a Quick Response Team dated March 11, 1998, herein referred
to as annex "B"
5. The Local Monitoring Team shall be composed of five members, one each from
the following:
5.1 Representative from the Local Government Unites, designated by the GRP;
5.2 Representative from the MILF Local Political Committee;
5.3 Representative from NGOs nominated by the GRP;
5.4 Representative from NGOs nominated by the MILF; and
5.5 Representative from the Religious sector, chosen under mutual
agreement; and The LMTs shall designate their respective Chairman and
Co-Chairman.
6. The Parties hereby invite representatives from the Organization of Islamic
Conference (OIC), in particular Indonesia, Libya and Malaysia, and other
interested OIC member States to observe and monitor the implementation of all
GRP-MILF Agreements.
6.1 The OIC Monitoring Team shall formulate its guidelines, procedures and
ground rules upon its constitution.
6.2 The Parties shall, upon request, provide the OIC Monitoring Team appropriate
Technical and Administrative support, and security escorts in the performance of
its functions.
7. The structure of the implementing mechanism on the Security Aspect of the
Tripoli Peace Agreement of 2001 is attached as annex "C" and shall
form part of this Agreement.
8. The CCCH of each party shall, through their Parties, coordinate with the OIC
Monitoring Team to address violations of this Agreement in addition to its
powers and functions as provided for in Rule 3 of the Implementing
Administrative Fuidelines dated September 12, 1997.
9. Police and military actions and administrative/logistics activities shall
continue to be undertaken by the GRP throughout Mindanao and the entire country.
In the pursuit thereof, confrontational situations between the GRP and MILF
forces shall be avoided by prior coordination with the latter.
These actions include but are not limited to the following:
9.1. Peacekeeping and police actions such as preventive patrols, investigations,
arrest, searches and seizures undertaken by the Government against criminality,
especially against, piracy, robbery, kidnapping, cattle rustling, murder and
other criminal acts.
9.2. Defensive or protective actions of the GRP to ensure the security of its
forces, facilities, installations, equipment and lines of communications and the
safety and tranquility of the civil government and population.
9.3. Hot pursuit of suspects by police and military personnel.
Paramilitary/irregular forces shall not be allowed to engage in hot
pursuit under the terms of this Agreement.
10. Defensive or protective actions shall also be undertaken by the MILF to
ensure the security of its forces, facilities, installations, equipment and
lines of communications and safety and tranquility of its civilian constituents.
11. In cases of alleged violations of this agreement, the Parties shall refrain
from taking offensive or punitive military actions of any type against each
other without prior investigation by the CCCH of both Parties in coordination
with the OIC Monitoring Team.
ARTICLE IV
SAFETY AND SECURITY GUARANTEES
1. The Parties shall continue to respect and observe the provisions of the
GRP-MILF Agreement of Safety and Security Guarantees dated March 9, 2000.
2. The safety and security guarantees extended by the Government to the MILF
members who are directly and principally involved in the GRP MILF Peace Talks
signed on March 9, 2000 shall remain in full force and effect as a necessary
safeguard for the conduct of the peace talks.
3. MILF members covered by paragraph 1 above shall not be restrained or
arrested, searched, seized and harassed on their persona and property in
connection with their participation or involvement in the peace talks, except in
cases of commission of common crimes such as crimes against persons, chastity,
property, and other similar offenses.
4. The GRP and MILF Peace Panel Chairmen shall issue appropriate identification
cards to MILF members covered by GRP-MILF Agreement of Safety and Security
Guarantees.
ARTICLE V
EFFECTIVITY CLAUSE
This Agreement shall take effect upon signing.
Done on this 7th day of August 2001 at Putrajaya, Malaysia.
For the GRP:
IRENE M. SANTIAGO
ATTY. MUSIB M. BUAT
Acting Chairperson
Chairperson
GRP Technical Committee
MILF Technical Committee
Attested by:
ATTY. JESUS G. DUREZA
AL HAJ MURAD EBRAHIM
Chairman, GRP Peace Panel
Chairman, MILF Peace Panel
We
want to know what you think of this article.
|