GRP, MILF sign agreement to protect civilians

DAVAO CITY (MindaNews/27 October) – The government and Moro Islamic Liberation Front (MILF) signed Tuesday afternoon an agreement to expand the mandate of the International Monitoring Team (IMT) to include civilian protection.

The agreement was signed at around 5:10 p.m. October 27 in Kuala Lumpur by government peace panel chair Rafael Seguis and MILF peace panel chair Mohagher Iqbal, in the presence of Malaysian facilitator Datuk Othman bin Abdul Razak.

Under the agreement, the IMT shall also “monitor, verify and report non-compliance by the Parties to their basic undertaking to protect civilian communities.”

The Agreement specifies that the Philippine government and the MILF “shall designate humanitarian organizations and non-governmental organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection function.”

The two parties “reconfirm their obligations under humanitarian law and human rights law to take constant care to protect the civilian population and civilian properties against the dangers arising in armed conflict situations.”

The parties made a five-point commitment to:

1. refrain from intentionally targeting or attacking non-combatants, prevent suffering of the civilian population and avoid acts that would cause collateral damage to civilians;

2. refrain from targeting or intentionally attacking civilian properties or facilities such as schools, hospitals, religious premises, health and food distribution centers, or relief operations, or objects or facilities indispensable to the survival of the civilian population and of a civilian nature;

3. take all necessary actions to facilitate the provision of relief supplies to affected communities;

4. take all precautions feasible to avoid incidental loss of civilian life, injury to civilians, and danger to civilian objects; and

5. ensure that all protective and relief actions shall be undertaken in a purely non-discriminatory basis covering all affected communities.”

“To effect the above objectives, the Parties shall issue or re-issue orders to their respective military units or security forces (including paramilitaries, associated militias, and police units) to conduct their operations consistent with their obligations and commitments described herein,” the Agreement said.

The parties also agreed that should the IMT cease to operate, “the civilian protection component shall remain in place and continue to perform such function,” the agreement said.

The IMT, led by Malaysia, started operations in 2004, with a mandate renewed annually upon request of both parties.
The IMT’s mandate ended November 30 last year.

The agreement on civilian protection component “shall form part of the Terms of Reference of the IMT to be deliberated and agreed by the Parties upon the formal resumption of the GRP-MILF Peace Talks.”

The signing of the agreement came about six weeks since the September 15 agreement on the formation of the International Contact Group (ICG) for the GRP-MILF Peace Process .

The ICG “will consist of interested countries accompanying the peace process preferably drawn from the Organization of the Islamic Conference (OIC) and the European Union (EU) as well as accredited INGO to be invited by the Parties in consultation with the Third Party Facilitator.”

The Agreement on Civilian Component was immediately welcomed by representatives of civil society.
Amina Rasul, convenor of the Philippine Council for Islam and Democracy (PCID), sent this message in reaction to the news: “that’s excellent news! And now comes the tough part: how to implement this when previous agreements are violated.”

“Good,” said Guiamel Alim, executive director of the Kadtuntaya Foundation, Inc. and a member of the Council of Elders of the Consortium of Bangsamoro Civil Society.
Father Eduardo Vasquez, parish priest of predominantly Muslim Datu Piang in Maguindanao, told MindaNews, “that’s good to hear. I just hope both parties will respect and follow the agreement.”

“Finally,” said lawyer Zen Malang of the Bangsamoro Center for Law and Policy. “It’s a much awaited initiative from the two sides. Civilians in the conflict-affected areas will potentially reap the benefits from this agreement. But, the proof of the pudding will be in the eating. Its effectiveness will depend on the institutions and people who will run it and how much support and respect is given to it by the GRP and MILF and the other institutions in the peace process.” (Carolyn O. Arguillas/MindaNews)