Constitutional Reform: Comprehensive agreement on the Bangsamoro

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Framework Agreement on the Bangsamoro (October 12, 2012)

 

VII. TRANSITION AND IMPLEMENTATION

 

4. The functions of the Transition Commission are as follows:

 

b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements;

 

Annex on Transitional Arrangements and Modalities (February 27, 2013)

 

I. THE TRANSITION PROCESS

 

D. Work on Constitutional Amendments

 

The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the Parties whenever necessary without derogating from any prior peace agreements.

 

II. TRANSITION MECHANISMS AND MODALITIES

 

A. The Transition Commission (TC)

 

6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:

 

[d] The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior agreements.

 

Civil Administration Reform: Comprehensive agreement on the Bangsamoro

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Annex on Powersharing (December 8, 2013)

 

PART THREE

DELINEATION OF POWERS

 

III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:

 

8. Civil Service — The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission;

 

57. Local administration, municipal corporations and other local authorities including the creation of local government units – The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the Framework Agreement on the Bangsamoro, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly.

Ceasefire: Comprehensive agreement on the Bangsamoro

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Agreement for the General Cessation of Hostilities (July 18, 1997)

 

1. To commit the armed forces of the GRP and the MILF to a General Cessation of Hostilities;

 

General Framework (March 24, 1998)

 

Article IV

The Parties pledge to refrain from the use or threat of force to attain undue advantage while peace negotiations on the substantive issues are on-going.

 

Agreement on the General Framework (March 24, 2001)

 

Article III

In conjunction with its formation of its Peace Panel, the MILF shall reciprocate the GRP’s Suspension of Offensive Military Operations (SOMO) with the declaration of its own SOMO.

 

Agreement on Peace (June 22, 2001)

 

A. SECURITY ASPECT

 

3. The Parties agree to invite representatives of the Organization of Islamic Conference (OIC) to observe and monitor the implementation of all GRP-MILF Agreements. The Parties further agree to strengthen the GRP-MILF Agreement on the General Cessation of Hostilities dated 18 July 1997. Upon signing this Agreement, a Monitoring Team shall be constituted with representatives from the OIC.

 

B. REHABILITATION ASPECT

 

4. In order to pave the way for relief and rehabilitation of evacuees and implementation of development projects in the areas affected by conflict, the Parties agree to implement the GRP-MILF Agreement on the General Cessation of Hostilities dated July 18, 1997.

 

Declaration of Continuity for Peace Negotiations (June 3, 2010)

 

The Parties discussed points of consensus on an Interim Agreement with a view of moving towards the Comprehensive Compact to bring a negotiated political settlement. The Parties considered the following :

• Agreed upon texts and signed instruments on the cessation of hostilities and security arrangements guidelines and development initiatives and rehabilitation guidelines to be subsequently incorporated in a comprehensive text of the compact agreement.

 

Framework Agreement on the Bangsamoro (October 12, 2012)

VIII. NORMALIZATION

7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.

8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.

 

Boundary Demarcation: Comprehensive agreement on the Bangsamoro

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Framework Agreement on the Bangsamoro (October 12, 2012)

 

V. TERRITORY

 

1. The core territory of the Bangsamoro shall be composed of: (a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and

(d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.

 

Annex on Transitional Arrangement and Modalities (February 27, 2013)

 

II. TRANSITION MECHANISMS AND MODALITIES

 

A. The Transition Commission (TC)

 

6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:

 

[e] All of the areas enumerated in Part V item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.

 

[f] Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.

 

B. The Bangsamoro Transition Authority (BTA)

 

6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.

 

Addendum on the Bangsamoro Waters (January 25, 2014)

1. The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity.

2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit.

Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity. provided that the zones do not include the Bangsamoro Waters and the municipal Waters of all adjoining local government units.

4. The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates.

8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes.

Amnesty: Comprehensive agreement on the Bangsamoro

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Annex on Normalization (January 25, 2014)

J. Confidence-Building Measures

 

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 resolution of cases of persons charged with or convicted of crimes and offenses connected to the armed conflict in Mindanao.

First Post-accord Election: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER 1: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU)

1. Establishment, Seat and Term of TGoNU

1.5 The TGoNU shall hold Elections sixty (60) days before the end of the Transition Period in order to establish a democratically elected government.

2. Mandate of TGoNU

2.1.12 Establish a competent and impartial National Elections Commission (NEC) to conduct free and fair elections before the end of the Transitional Period and ensure that the outcome is broadly reflective of the will of the electorate;

16. National Elections

16.5 The National Election Commission (NEC) shall organize Elections for President, the National Assembly, State Governors and State Assemblies sixty (60) days prior to the end of the Transition Period and shall ensure that the outcome is broadly reflective of the will of the electorate.

Women’s Rights: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER 1: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU)

10. Council of Ministers

10.5 Selection of Ministries and Appointed Procedure for Ministers and Deputy Ministers

10.5.2 In accordance with the TCRSS provisions providing for the participation of women in the Executive (25%), the GRSS shall nominate no fewer than four (4) women to the Council of Ministers, and the South Sudan Armed Opposition shall nominate no fewer than three (3) women to the Council of Ministers. Parties shall give due consideration to national diversity, including regional representation, in appointing their nominees.

10.5.4 Deputy Ministers shall be appointed by the Party holding the respective Ministry in accordance with the TCRSS provisions on the participation of women in the executive, no fewer than two (2) of the Deputy Ministers shall be women.

7. Enterprise Development Fund

7.1 The TGONU shall:-

7.1.5 establish a Women Enterprise Development Fund for provision of subsidized credit for women-based enterprise development and capacity building of women entrepreneurs;

 

Withdrawal of Troops: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

1. Permanent Ceasefire

1.4 Within seventy two (72) hours of the signing of this Agreement, the Parties shall embark on a series of Permanent Ceasefire Arrangements including cessation of hostilities, disengagement, separation and withdrawal of forces including allies of both parties (forces, militias) in the theatre of operations on the basis of the 23rd January 2014 CoH Agreement, and report compliance to Monitoring and Verification Mechanism (MVM).

1.5 The warring parties agree to a complete withdrawal of all state security actors allied to either Party in conflict within forty five (45) days upon signing of this Agreement from the territory of the Republic of South Sudan with the exception of Western Equatoria State, based on agreements entered into by the Government of the Republic of South Sudan prior to the onset of the 15th December 2013 crisis.

5. Transitional Security Arrangements

5.1 All military forces within Juba shall be redeployed outside a radius of 25km from the center of the national capital beginning thirty (30) days after the signing of this Agreement and complete after ninety (90) days. The demarcation of the area shall be agreed during the PCTSA workshop. Exceptions to this provision are as follows:

5.1.1 Presidential Guards

5.1.2 Guard forces to protect military barracks, bases and warehouses

5.1.3 Joint Integrated Police

Verification: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

4. Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM)

4.1 Upon entry into force of the Permanent Ceasefire, the existing IGAD MVM shall transition to become the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), responsible for reporting on the progress of the implementation of the Permanent Ceasefire and Transitional Security Arrangements ({CTSA). (See Appendix II Diagram: Ceasefire Institutions Diagram).

4.2 The CTSAMM shall be responsible for monitoring compliance and reporting directly to the Joint Monitoring and Evaluation Commission (JMEC) on the progress of the implementation of the PCTSA and shall last for the duration of the Transitional Period.

CHAPTER VII: JOINT MONITORING AND EVALUATION COMMISSION (JMEC)

1. Upon the signing of this Agreement, the IGAD-led Mediation shall initiate the establishment of a Joint Monitoring and Evaluation Commission (JMEC) within fifteen (15) days whose head quarters shall be in Juba

2. The membership of the JMEC shall comprise representatives of the Parties to this Agreement, other South Sudanese stakeholders, and regional and international guarantors and partners of South Sudan, as follows:

2.1 Parties to the Agreement, six (6) members):

2.1.1 GRSS- two (2) representatives,

2.1.2 South Sudan Armed Opposition- two (2) representatives,

2.1.3 Former Detainees- one (1) representative,

2.1.4 Other Political Parties of South Sudan- one (1) representative.

2.2 Other South Sudanese Stakeholders and Adherents, seven (7) members):

2.2.1 Faith-Based Leaders- two (2) representatives,

2.2.2 Women’s bloc- one (1) representative,

2.2.3 CSO- one (1) representative,

2.2.4 Eminent personalities- one (1) representative,

2.2.5 Business groups- one (1) representative,

2.2.6 Youth- one (1) representative.

2.3 Regional Guarantors, eight (12) members):

2.3.1 Ethiopia, (Chair of IGAD)- one (1) representative,

2.3.2 Djibouti- one (1) representative,

2.3.3 Kenya, (Rapporteur of IGAD)- one (1) representative,

2.3.4 Somalia- one (1) representative,

2.3.5 Sudan- one (1) representative,

2.3.6 Uganda- one (1) representative,

2.3.7 The AU-HLAHC, five (5) each represented by One (1),

2.3.8 African Union Commission- one (1) representative.

2.4 International Partners and Friends of South Sudan, seven (7) members):

2.4.1 People’s Republic of China- one (1) representative,

2.4.2 Norway- one (1) representative,

2.4.3 United Kingdom- one (1) representative,

2.4.4 United States- one (1) representative, United Nations- one (1) representative,

2.4.5 IPF- one (1) representative.

2.5 JMEC shall be chaired by a prominent African personality appointed by the IGAD Assembly of Heads of State and Government in consultation with IGAD-PLUS Partners, and form Committees to facilitate its activities as deemed necessary. JMEC may select deputy Chairs in accordance with the number of the said Committees.

2.6 The terms of reference of JMEC shall be endorsed by the IGAD Assembly of Heads of State and Government.

2.7 An independent secretariat for JMEC shall be established and shall seek administrative international support.

3. The JMEC shall be responsible for monitoring and overseeing the implementation of the Agreement and the mandate and tasks of the TGoNU, including the adherence of the Parties to the agreed timelines and implementation schedule. In case of non-implementation of the mandate and tasks of the TGoNU, or other serious deficiencies, the JMEC shall recommend appropriate corrective action to the TGoNU.

4. The JMEC shall oversee the work of CTSAMM, the Monitoring and Verification Mechanism (and its successor mechanism, the Ceasefire and Transitional Security Monitoring Mechanism), the Economic and Financial Management Authority (EFMA), the Strategic Defence and Security Review Board (SDSRB), the National Elections Commission (NEC), and all other transitional institutions and mechanisms created by this Agreement and established as part of the TGoNU. The CTSAMM, EFMA, the SDSRB, the NEC, CTRH and other institutions and mechanisms created by this agreement shall present regular reports to JMEC for this purpose. Notwithstanding the foregoing, JMEC may request further reports from any transitional institutions and mechanisms as it deems necessary.

5. The JMEC shall report regularly in writing to the TGoNU Council of Ministers, the Transitional National Assembly, the Chairperson of the IGAD Council of Ministers, the Chairperson for the African Union Commission, the Peace and Security Council (PSC) of the African Union and to the Secretary-General and Security Council of the United Nations on the status of implementation of this Agreement every three (3) months. Notwithstanding the foregoing, the Chairperson of JMEC may report and recommend for remedial actions on critical issues that may arise during the implementation of the Agreement to those bodies at anytime.

6. Following the establishment of the TGoNU, within one month JMEC and TGoNU shall negotiate and define functions that the TGoNU may cede to JMEC to break deadlocks and ensure implementation.

7. JMEC shall hold regular meetings at least once every month and may convene extra-ordinary meetings as may be dictated by the situation.

8. Decisions of the JMEC shall be by consensus, failing of which a simple majority shall prevail.

9. The quorum of the JMEC shall be eighteen (18), of which at least 10 of the members shall be from South Sudan and the other 8 from regional and international group.

Truth and Reconciliation Commission: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER V. TRANSITIONAL JUSTICE, ACCOUNTABILIY, RECONCILLIATION AND HEALING

1. Agreed Principles for Transitional Justice

1.1 Upon inception, the TGoNU shall initiate legislation for the establishment of the following transitional justice institutions:

1.1.1 The Commission for Truth, Reconciliation and Healing (CTRH);

1.3 Following their establishment, the CTRH, HCSS and CRA shall independently promote the common objective of facilitating truth, reconciliation and healing, compensation and reparation in South Sudan.

2. Commission for Truth, Reconciliation and Healing (CTRH)

2.1 Establishment of the Commission for Truth, Reconciliation and Healing (CTRH)

2.1.1 The TGoNU shall establish the CTRH as a critical part of the peace building process in South Sudan, to spearhead efforts to address the legacy of conflicts, promote peace, national reconciliation and healing.

2.1.2 The CTRH shall be established by legislation, which shall be promulgated not later than six (6) months after the formation of the TGoNU and commence its activities not later than a month thereafter. Such legislation shall, among others, outline mechanisms and methods for enabling the CTRH to discharge its duties and responsibilities.

2.1.3 The Ministry of Justice and Constitutional Affairs of the TGoNU, in collaboration with other stakeholders and the civil society, shall conduct public consultations for a period not less than one (1) month prior to the establishment of the CTRH, to inform the design of the legislation referred to in Chapter IV, Article (1.1). This notwithstanding, such consultations shall ensure that the experiences of women, men, girls and boys are sufficiently documented and the findings of such consultations incorporated in the resultant legislation.

2.1.4 The existing Committee for National Healing, Peace and Reconciliation (CNHPR) and the National Platform for Peace and Reconciliation shall transfer all of their files, records and documentation to the CTRH within fifteen (15) days since CTRH has become operational.

2.1.5 The CTRH shall recommend processes and mechanisms for the full enjoyment by victims of the right to remedy, including by suggesting measures for reparations and compensation. In the determinant of such remedial processes and mechanisms, the CTRH shall draw on existing traditional practices, processes, and mechanisms, where appropriate.

2.2 Mandate and Functions of the CTRH:

2.2.1 Without prejudice to the administration of and access to justice, the CTRH shall inquire into all aspects of human rights violations and abuses, breaches of the rule of law and excessive abuses of power, committed against all persons in South Sudan by State, non-State actors and or their agents and allies. In particular, the CTRH shall inquire into the circumstances, surrounding the aforementioned and any other connected or incidental matters. Such inquiry shall investigate, document and report on the course and cause conflict and identify or review cut-off timeframes for the operations of the CTRH, as may be determined by legislation, this Agreement or both. In that regard, the CTRH shall recommend processes for the full enjoyment by victims of the right to remedy, including by suggesting measures for reparations and compensation.

2.2.2 Without prejudice to its Mandate, the Functions of the CTRH are to:

2.2.2.1 adopt, in the implementation of its mandate, best practices for promoting truth, reconciliation and healing from Africa and elsewhere;

2.2.2.2 establish an accurate and impartial historical record of human rights violations, breaches of the rule of law and excessive abuses of power, committed by State and non-state actors from the date of signing of this Agreement to July 2005;

2.2.2.3 receive applications from alleged victims, identify and determine their right to remedy;

2.2.2.4 identify perpetrators of violations and crimes proscribed in this agreement;

2.2.2.5 recommend guidelines, to be endorsed by the TNA, for determining the type and size of compensation and reparation for victims,;

2.2.2.6 record the experiences of victims, including but not limited to women and girls;

2.2.2.7 investigate the causes of conflicts and their circumstances and make recommendations regarding possible ways of preventing recurrence;

2.2.2.8 develop detailed recommendations for legal and institutional reforms to ensure non-repetition of human rights abuses and violations, breaches of the rule of law and excessive use of power;

2.2.2.9 lead efforts to facilitate local and national reconciliation and healing.

2.2.2.10 where appropriate, supervise proceeding of traditional dispute resolution, reconciliation, and healing mechanisms. In this regard, and without prejudice to traditional justice mechanisms, develop standard operating procedures for the functioning of the latter, in accordance with the principles of natural justice.

2.2.2.11 establish a secretariat that shall function as the administrative arm of the Commission and prepare guidelines and procedures for its proper functioning.

2.2.3 The CTRH shall issue quarterly progress reports updating the TGoNU on its progress in meeting its objectives. The CTRH shall make sustained efforts to publicly and regularly inform and involve the people of South Sudan in all of its tasks and activities and be responsible for carrying out public education, awareness-raising and civic engagement activities to inform the public, in particular with youth and women, about the Commission’s work, and solicit continuous feedback.

2.2.4 The CTRH shall issue a final, public report at the conclusion of its mandate three months before the end of the Transition that shall include the observations and findings of its documentation activities and its recommendations for peace, reconciliation and healing in South Sudan.

2.3 Personnel and Appointment Procedures:

2.3.1 Commissioners, investigators and staff of the CTRH shall be persons of high moral character, impartiality and integrity. They shall be independent in the performance of their functions and shall not accept or seek instructions from any third party.

2.3.2 The CTRH shall be composed of seven (7) Commissioners, four (4) of whom shall be South Sudanese nationals, including two (2) women. The remaining three (3) Commissioners shall be from other African countries, of whom at least one (1) shall be a woman. The CTRH shall be chaired by a South Sudanese national, deputized by a non-South Sudanese national.

2.3.3 The Executive of the TGoNU shall nominate the four Commissioners of South Sudanese nationality and present to the Transitional National Assembly solely on the basis of the selection of the TGoNU, AUC and UN for endorsement. Furthermore, the Executive of the TGoNU, in consultation with the Chairperson of the African Union Commission and the Secretary-General of the United Nations, shall nominate the three (3) from other African countries and present to the TNA for endorsement.

2.3.4 In order for the CTRH to execute its mandate, the Commission shall have the power to subpoena persons, documents and other materials deemed necessary for the purpose of discharging its responsibilities.

2.4 Rights of Victims and Witnesses

2.4.1 The CTRH shall implement measures to protect victims and witnesses, in particular, youth, women and children. Such protection measures shall include, but shall not be limited to the conduct of in camera proceedings and the protection of the identity of a victim or witness.