THE Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF) signed an agreement Tuesday to protect civilians during armed conflicts.
The agreement was adopted and signed in a special meeting of the Philippine government and MILF peace panels held in Kuala Lumpur, under the facilitation of Malaysia.
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The Agreement on the Protection of Civilian Component (APCC) was forged in the wake of the sad plight of the civilian population during armed conflicts in Mindanao.
The recent military campaign reportedly displaced more than 600,000 people in Central and Western Mindanao.
In a report by Luwaran.com, MILF chief peace negotiator Mohagher Iqbal said the 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.
The MILF said the agreement on the civilian protection, which is added as a component of 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."
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; and
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.
Lawyer Michael Mastura said "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 "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.
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 Parties upon the formal resumption of the GRP-MILF peace talks.
The GRP Peace Panel is composed of: Ambassador Rafael Seguis, chairman; lawyer Camelo "Bong" Montessa, Ambassador Ed Malaya, and Director Mark Ryan Sullivan, while the MILF's by Mohagher Iqbal, chairman, lawyer Michael Mastura, Bobby Maulana Alonto, and Jun Mantawil, Datuk Othman Bin Abdul Razak is facilitator.