Monday, April 18, 2011

1994 MNLF-GRPH Ceasefire Guidelines and Ground Rules

The MNLF and GRPH signed a Joint Guidelines and Ground Rules for the Implementation of the 1993 Interim GRP-MNLF Ceasefire Agreement


ARTICLE 1. TERMS OF REFERENCE

The Tripoli Agreement and the 1993 Interim GRP-MNLF Ceasefire Agreement signed in Jakarta on 7 November 1993 with the participation of the OIC are the Terms of Reference of this Joint Guidelines and Ground Rules.

ARTICLE II. MEMBERSHIP OF THE JOINT CEASEFIRE COMMITTEE

GRP (List Provided by GRP)

MNLF (List Provided by MNLF)

JCC SECRETARIAT (Joint List Provided by GRP and MNLF)

The GRP and the MNLF may at any time change their respectivememberships in the Joint Committee as necessary to enhance the success of the implementation of the ceasefire.

ARTICLE III. AREA OF THE EFFECTIVITY OF THE CEASEFIRE

1. The ceasefire shall be primarily in effect in the following provinces, including the cities and villages situated therein, as provided for in the Article II of the Tripoli Agreement, namely:

1. Basilan
2. Sulu
3. Tawi-tawi
4. Zamboanga del Sur
5. Zamboanga del Norte
6. North Cotabato
7. South Cotabato
8. Maguindanao
9. Sultan Kudarat
10. Lanao del Norte
11. Lanao del Sur
12. Davao del Sur
13. Palawan

2. The ceasefire shall also be in effect in the other provinces and cities of Mindanao where the MNLF Forces are found as jointly determined by the Joint Ceasefire Committee.


ARTICLE IV. MANDATE, POWERS, AND FUNCTIONS OF THE JOINT CEASEFIRE COMMITTEE (JCC)

1. Mandate: The Joint Ceasefire Committee shall formulate guidelines and ground rules for the implementation of the 1993 Interim Ceasefire Agreement (ICA) and supervise its implementation with the supervisory assistance of the OIC to ensure its success. The JCC shall report directly to the GRP-MNLF Peace Panels.

2. Powers and Functions:

a. Formulate detailed guidelines and ground rules for the implementation of the ICA;

b. Supervise and monitor the implementation of the ICA;

c. Investigate, report and recommend appropriate actions against violations of the 1993 ICA;

d. Organize a Joint Secretariat composed of those members each from the GRP and the MNLF and shall coordinate closely in supervising the implementation of the 1993 ICA.

e. Create Joint Ceasefire Sub-Committee at provincial levels and other sub-committees as may be necessary;

f. Formulate its own mutually agreed internal rules and procedure to carry out its members;

g. Call upon any gvernment agency and the MNLF forces for assistance in the performance of its mandate.

ARTICLE V. DEFINITION OF TERMS

1. GRP Forces - refer to the Armed Forces of the Philippines, the Philippine National Police, Civilian Armed Forces Geographical Units (CAFGU) and Civilian Volunteer Organizations recognized by the GRP.

2. MNLF Forces - refer to its regular armed components and supporting armed elements but do not include the so-called Lost Commands, extremist groups and lawless elements.

3. Friendly Groups - refer to those civilians and other groups that are supportive/sympathetic to the GRP-MNLF peace talks and the actual implementation of the 1993 ICA.

4. MNLF Areas - refer to the places down to the barangay level where MNLF Camps and forces are located as identified pursuant to paragraph 2, Article VII thereof.

5. The following are considered hostile acts under number paragraph 2 of the 1993 ICA:

a. Terroristic acts such as, but not limited to, kidnapping, hijacking, piracy, arson, bombings, grenade throwing.

b. Aggressive actions such as attacks, raids, ambuscades, sabotage, landmining, offensive military actions such as aircraft bombings, artillery shelling, and gunfire.


c. Establishment of checkpoints along roads or thoroughfares that will unecessarily obstruct the flow of trade and commerce or hinder or harass peaceful gathering of people except as necessary for the exercise of GRP's responsibility to the maintenance of peace and order and the MNLF's defense of their immediate camps and facilities.

d. Interference in what is purely a police function.

e. Collection of revolutionary taxes and unauthorized collection of ZAKAT, FITRA, donations and other contributions and extortions.

6. The following are considered provocative acts under numbered paragraph 2 of the 1993 ICA:

a. Display of MNLF flag in non-identified MNLF areas and government facilities or installations.

b. Providing sanctuary or assistance to criminal and lawless elements.

c. Massing or shifting of GRP or MNLF forces which are in the nature of tactical movements; provided that movements of GRP and MNLF forces under Article VI hereof are exempted.

d. Procurement, stockiling, or hoarding of additional firearms and ammunitions, new recruitment and training of recruits in the area of ceasefire as stipulated in Article III hereof, provided that normal administrative functions and activities of the GRP forces are not curtailed; and provided further that training for upgrading the quality and discipline of the existing Bangsamoro Armed Forces are likewise not curtailed.

e. Public pronouncements that will lead to undermine the sincerity or credibility of either party in implementing the ceasefire or adversely affect the on-going peace talks.

ARTICLE VI. ACTIONS EXEMPTED FROM CEASEFIRE

The GRP will continue to undertake normal police and military actions and administrative/logistics activities to insure the safely and protection of the civilian population and the security of its forces. In the event that criminal elements which are the object of GRP police and military actions enter the MNLF identified areas, the MNLF forces upon coordination by the local GRP commander shall assist in undertaking the necessary police operation to help apprehend and turn over said criminal elements to the pursuing GRP forces. The following actions are therefore exempted from the ceasefire:

a. Law enforcement and police actions such as preventive patrols, investigation, arrest, search and seizure undertaken by the Government against criminality, especially against piracy, robbery, kidnapping, cattle rustling, murder and other violations of the penal statutes.

b. Defensive or protective action of the GRP and MNLF forces to ensure the security of their respective forces, facilities, installations, equipment and lines of communication, and the safety and tranquility of the civilian government and the population, to include counter-attack and pursuit to repel or neutralize hostile acts.

c. Maintenance of peace and order by the MNLF in their identified areas.

ARTICLE VII. GUIDELINES AND GROUND RULES

1. GRP and MNLF shall desist from committing any provocative and hostile acts as enumerated in Article V thereof.

2. Identification and Recognition of MNLF forces in their respective places.

a. GRP and MNLF shall mutually identify the location and unit commanders of their respective forces for the purpose of identifying their respective places as stated in numbered paragraph 2 of the 1993 ICA.

b. Forces not identified shall be deemed not covered by the ceasefire.

3. Commission of hostile acts against mutually identified Friendly Groups as defined in Article V paragraph 2 hereof shall be deemed a violation of ceasefire, provided that such groups have not committed any act that would warrant aggressive action by either the GRP and MNLF forces, and provided further that such groups shall henceforth cease to be considered under the category of Friendly Groups.

4. Movements

a. Non-tactical movements of GRP and MNLF forces outside their identified places shall be coordinated by concerned/affected GRP and MNLF commander(s).

b. Movement of individual members of the MNLF outside of their identified areas shall not be restricted provided they shall not carry firearms. Movements of MNLF forces in connection with normal or routine administration such as evacuation of the sick and wounded, visits or inspection of commanders of their forces and movements of supplies, except firearms and ammunition and other war material, is allowed.

5. Existing laws on the carrying of firearm shall apply. MNLF Forces can, however, carry their firearms within MNLF identified areas which means specific areas clearly identified by both GRP and MNLF as areas occupied by or where regular MNLF forces are located. Government forces may carry their firearms only in the performance of their official functions. Such functions include the actions enumerated in Article VI hereof.

6. GRP shall authorize MNLF VIPs to carry sidearms and shall provide additional security when moving in urban areas upon the latter's request. The MNLF Chairman when entering into and moving in urban areas may bring his immediate and necessary security. The strength of this security and the type and number of their firearms shall be mutually agreed upon.

7. Observation of Ceasefire and Conduct of investigation by the Joint Ceasefire Committee.

a. The JCC shall promptly, either on its own or as directed by the GRP-MNLF Peace Panel, investigate alleged violations of the 1993 ICA as well as these implementing Guidelines and Ground Rules. Investivations shall always be done jointly with the participation of OIC supervisory representatives.

b. The JCC shall inform immediately the commanders of GRP and MNLF forces whose units or members are alleged to be violating the ceasefire. It shall be the responsibility of the GRP and MNLF commanders concerned to take immediate action to stop the violations and punish the culprit. The OIC shall also immediately inform the GRP-MNLF Peace Panels of reported or observed violations of the ceasefire.

c. The JCC report of investigations shall be submitted directly to the GRP-MNLF Peace Panels, with copies furnished to the GRP and MNLF commanders concerned.

d. The JCC will coordinate its visits, inspections, and investigations with the GRP and MNLF commanders concerned. They shall be provided access to information, data or evidence needed for their investigation.

e. The JCC shall not discuss to the public the findings and recommendations of their investigation of alleged violation of ceasefire.

8. Disposition of Violations of Ceasefire -

a. The GRP and MNLF will take appropriate action on their respective members or forces who are determined by them to have violated the ceasefire.

b. Violations of the ceasefire which are in violation of the laws shall, after due investigation be disposed of in accordance with appropriate laws and jurisprudence.

9. Security of the Joint Ceasefire Committee -

The GRP and MNLF forces will provide uniformed armed security escorts to the JCC and the OIC supervisory representatives, especially in relation to their inspections and monitoring activities in pursuance to the implementation of ceasefire. In MNLF identified places, the security of the JCC and the OIC supervisory representatives shall be secured and undertaken primarily by the MNLF.


ARTICLE VIII. RELATIONSHIPS

1. Joint Ceasefire Committeee to the GRP and MNLF -

The GRP members of the Joint Ceasefire COmmittee will coordinate directly or through the chain of command or authority of the GRP agencies concerned in matters pertaining to the implementation and enforcement of the ICA by GRP forces. In like manner, the MNLF members of the Joint Ceasefire Committee will coordinate with MNLF units directly or through their own channels or command.

2. Joint Ceasefire Committee to the Peace Panel -

a. The Joint Ceasefire Committee with the participation of the OIC supervisory representatives is an advisory aid to the GRP-MNLF Peace Panels in the matter of the implementation of the ICA.

b. Disagreement within the Joint Ceasefire Commitee shall be elevated to the GRP-MNLF Peace Panels for resolution.

3. Joint Ceasefire Committee to the OIC representatives -

a. OIC representatives shall help supervise the implementation of ceasefire through coordination with the GRP and MNLF representatives at the JCC with mandate, powers, and functions as enumerated in Article IV.

b. To ensure the [???unreadable text???] be accorded privileges and immunities in accordance with internationally recognized standards on peacekeepingoperations.

c. The GRP and MNLF, through their Joint Ceasefire Committee may, upon request of the OIC supervisory representatives, extend assistance to them to facilitate their participation in the imlementation of the ceasefire.

ARTICLE IX. ADMINISTRATIVE AND SUPPORT AGREEMENTS

1. The principal office of the Joint Ceasefire Committee shall be in Zamboanga City and sub-office in Cotabato City, in specific places to be mutually agreed upon.

2. The office space, equipment and supplies for the Joint Secretariat of the JCC will be provided by the GRP. Administrative and support requirements of the MNLF Chairman in connection with his functions related to the ceasefire shall be providedby the GRP Peace Panel.

3. Transportation and communication requirements of the Joint Ceasefire Committee shall be provided by the GRP.

4. Billet and food requirements of the JCC and OIC representatiove/Miniterial Committee of the Six shall be provided by GRP.

5. The Joint Ceasefire Committee meetings shall be held regularly at least once a week, the schedule and venue to be mutually agreed upon by the Co-Chairman of the JCC with the participation of the OIC Ceasefire supervisory representatives.

6. Regular reports shall be rendered by the JCC to the GRP-MNLF Peace Panels. Special reports will be rendered as often as necessary.


ARTICLE X. CONDUCT OF PUBLIC INFORMATION CONCERNING THE CEASEFIRE

1. Upon the declaration of the [???unreadable text???] undertake its dissemination to their respective forces to ensure that all units, elements and individuals as well as the general public are fully informed of the effectivity of the ceasefire and conditions thereof to be observed by both sides.

2. Dissemination shall utilize all means of communications such as printed media, redio, television, leaflets, word of mouth, etc.

3. The Joint Ceasefire Committee with the OIC supervisory representatives shall be authorized to make statements reporting the implementation and observation of the 1993 ICA and related issues.


Signed:

Brig. Gen. Guillermo R. Ruiz for GRP JCC Panel

Maj. Gen Abdul Saurin for MNLF JCC Panel

Col. Aloysius Harshim for Indonesian Embassy as OIC Representative