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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 Hostilities 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 Agreement of Intent Between the GRP and the MILF dated August 27, 1998.

3. GRP-MILF Agreement on Safety 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 referred 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 Agreement.

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, landmining, 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 Units, 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 Guidelines 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 Acting Chairperson GRP Technical Committee

For the MILF: ATTY. MUSIB M. BUAT Chairperson MILF Technical Committee

Attested by: ATTY. JESUS G. DUREZA Chairman, GRP Peace Panel

AL HAJ MURAD EBRAHIM Chairman, MILF Peace Panel

 

 

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