Gov’t, MILF sign another historic deal
The GRP Peace Panel was composed of: Ambassador Rafael Seguis, chairman; Atty. Camelo "Bong" Montessa, Ambassador Ed Malaya, and Director Mark Ryan Sullivan, while the MILF’s by Mohagher Iqbal, chairman, Atty. Michael Mastura, Bobby Maulana Alonto, and Jun Mantawil. Datuk Othman Bin Abdul Razak, as usual, acted as facilitator.
The Agreement on the Protection of Civilian Component (APCC) of the IMT was forged in the wake of the sad plight of the civilian population during armed conflict that dated back to the martial law regime of President Ferdinand Marcos and the all-out war of President Joseph Estrada in 2000. The recent military campaign of the present political dispensation displaced more than 600,000 people in the aftermath of the aborted signing of the MOA-AD between August 2008 and August 2009.
Iqbal said this agreement reaffirmed the commitment of the MILF and the Philippine government for the observance of the international humanitarian law and respect for the internationally recognized human rights instruments and the protection of the internally displaced persons (IDPs) pursuant to the provision of the Tripoli Agreement on Peace of 2001.
Maulana Alonto and Jun Mantawil, who were with the MILF peace negotiators, said the agreement on the civilian protection, which is added as a component of to the functions of the International Monitoring Team (IMT) in Mindanao, “will be a great deterrent for the MILF and the government to commit excesses in times of hostilities.”
Lawyer Michael Mastura argued that “under the cloak of human security there’s a need to draw the line between military actions and police actions for law enforcement consonant with standard rules of engagement in armed conflict particularly the Common Article on IHL and its Protocol covering civilian population.” Elaborating on the compromise formulation, Mastura explained that “the non-combatant protection clause will remain in place even in the event that the IMT ceases in its operation in furtherance to the continued performance of such human security functions.”
As agreed, APCC expands the mandate of the IMT to include civilian protection component that will “monitor, verify and report non-compliance by the Parties” of this clause. The MILF adopted the position that encompassed between the rules of engagement in warfare and international peacekeeping role to deal with humanitarian tragedy.
Government chief negotiator Rafael Seguis said the GRP’s concern is that for the purpose of civilian protection another third-party state in addition to the International Contact Group (ICG) will be brought into the GRP-MILF peace talks. Ambassador Malaya who justified the government position traced the practice of civilian protection clause to the Sudan Peace Agreement, but he downplayed the number of internally displaced persons (IDP) in the Mindanao situation. Assistant secretary Camilo Montesa stressed the responsibility of government to protect civilian population more than the deterrence factor.
In its composition, the Parties designated humanitarian organizations and non-government organizations, both international and national, with proven track record for impartiality, neutrality and independence, to carry out the civilian protection functions.
MILF chief negotiator Mohagher Iqbal stressed this agreement on civilian protection component will be incorporated into the Terms of Reference of the IMT to be deliberated and agreed by the Parries upon the formal resumption of the GRP-MILF peace talks.
In reaffirmation of the GRP-MILF Humanitarian, Rehabilitation and Development Accord of 2002, the Parties commit themselves 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;
5. Ensure that all protective and relief actions shall be undertaken in a purely nondiscriminatory 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.
