Executive Order No. 79




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 79, April 24, 2019 ] IMPLEMENTING THE ANNEX ON NORMALIZATION UNDER THE COMPREHENSIVE AGREEMENT ON THE BANGSAMORO WHEREAS, on 27 March 2014, the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) signed the Comprehensive Agreement on the Bangsamoro (CAB), which marked the end of seventeen (17) years of negotiations between the Parties and provided a negotiated political settlement for the attainment of a just and lasting peace and development in the Bangsamoro; WHEREAS, an integral part of the CAB is the Annex on Normalization, signed on 25 January 2014, which provides for a process to ensure human security in the Bangsamoro and enable the communities to achieve their desired quality of life through the pursuit of sustainable livelihood and political participation within a peaceful and deliberative society; WHEREAS, following the agreements set forth in the CAB, Republic Act (RA) No. 11054 or the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao," was signed into law on 27 July 2018 and ratified through plebiscites held on 21 January and 06 February 2019; WHEREAS, the process outlined in the Annex on Normalization is parallel and complementary to the provisions of RA No. 11054; WHEREAS, there is a need to fully implement the various components of the normalization process and capitalize on existing mechanisms and framework under the Annex on Normalization, based on the principle of coordination between the GPH and the MILF, and consistent with RA No. 11054; WHEREAS, Section 5, Article II of the 1987 Constitution provides that the maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy; and WHEREAS, Section 17, Article VII of the 1987 Constitution provides that the President shall have control of all the executive departments, bureaus and offices; NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: Section 1. Normalization Program. The National Government recognizes that normalization is a process whereby communities can achieve their desired quality of life within a peaceful and deliberative society. To this end, the National Government adopts a Normalization Program that is multi-faceted and covers the aspects of security, socio-economic development, sustainable livelihood, political participation, confidence-building, and transitional justice and reconciliation. Section 2. Creation of the Inter-Cabinet Cluster Mechanism on Normalization. An Inter-Cabinet Cluster Mechanism on Normalization (ICCMN) is hereby formally established to ensure timely, appropriate and efficient delivery of the Normalization Program. Section 3. Composition. The ICCMN shall be composed of representatives from the Office of the Presidential Adviser on the Peace Process (OPAPP) and the Office of the Cabinet Secretary (OCS), with a rank not lower than an Undersecretary, as co-chairpersons. The members shall consist of representatives from the following agencies with ranks not lower than an Assistant Secretary or its equivalent: a. National Security Council; b. Department of the Interior and Local Government (DILG); c. Department of National Defense (DND); d. Department of Justice (DOJ); e. Department of Social Welfare and Development; f. Department of Agriculture; g. Department of Education; h. Department of Health; i. Department of Labor and Employment; j. Department of Finance; k. Department of Budget and Management (DBM); l. Department of Trade and Industry; m. Department of Information and Communications Technology; n. National Economic and Development Authority; o. Commission on Higher Education; p. Technical Education and Skills Development Authority; and q. National Commission on Indigenous Peoples. Member-agencies shall designate alternate members of equal rank to serve in the absence of their designated representatives. The concerned agencies and offices shall provide appropriate authority for the participation of their representatives in the ICCMN. The Chairpersons shall convene meetings regularly and as often as may be necessary to ensure proper coordination and implementation of this Order. A majority of the members of the ICCMN shall constitute a quorum for the transaction of business. Section 4. Secretariat. The OPAPP shall serve as the Secretariat of the ICCMN, to be complemented by existing personnel from its member-agencies. The Secretariat shall provide technical and administrative support to the ICCMN, and coordinate with concerned agencies on the status of component plans and programs. The member-agencies shall submit periodic reports on their respective programs to the Secretariat. Section 5. Powers and Functions. Consistent with the provisions of RA No. 11054, the ICCMN shall have the following powers and functions: a. Coordinate and mobilize relevant government agencies in implementing the various aspects of the Normalization Program in accordance with their respective functions and mandates; b. Provide policy advice, further support and other necessary input or assistance as to the appropriate modality and mechanism for the timely and smooth implementation of the different components of the Normalization Program, consistent with the principles of streamlined administration, efficient delivery, and accountability in governance; c. Supervise and monitor all socio-economic interventions under the Normalization Program that are implemented through relevant government agencies; d. Create a Working Group on Vulnerable Sectors to be composed of relevant government agencies, which shall recommend a set of interventions for vulnerable sectors, including indigenous peoples, internally-displaced persons, widows, orphans, people with disabilities, detainees and their families; e. Submit periodic reports on the implementation of this Order to the President; and f. Perform such other functions as may be directed by the President. Section 6. Scope and Coverage. The programs under the different components of the Normalization Program, as defined in the next succeeding section, shall be implemented for the combatant and non-combatant elements of the MILF, the families of the decommissioned combatants, and other vulnerable individuals and sectors residing in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), consistent with the provisions of RA No. 11054. The programs shall cover the six (6) recognized MILF camps particularly, Camp Bilal in Lanao del Norte and Lanao del Sur, Camp Omar ibn al-Khattab in Maguindanao, Camp Rajamuda in North Cotabato and Maguindanao, Camp Busrah Somiorang in Lanao del Sur, Camp Badre in Maguindanao, and Camp Abubakar as-Siddique in Maguindanao, and such other locations of decommissioned combatants, as may be identified by the GPH and the MILF Implementing Panels. Section 7. Aspects of Normalization. Consistent with the provisions of RA No. 11054, the Normalization Program shall consist of the following aspects: A. Security Aspect 7.1 Transitional Components. The Joint Normalization Committee (JNC) and the Joint Peace and Security Committee (JPSC) created pursuant to the Annex on Normalization shall ensure effective security collaboration. 7.1.1 The DND and the DILG shall respectively direct the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), in coordination with the Bangsamoro Islamic Armed Forces - MILF (BIAF- MILF), to designate members to the Joint Peace and Security Teams (JPSTs) which shall serve as the operating units of the transitional components of the Normalization Program. The JPSTs shall be assigned and deployed in mutually-agreed areas. 7.1.2 The DND shall provide appropriate trainings to the BIAF-MILF contingent in the JPST. The AFP and PNP, in consultation with the JNC and JPSC, shall also provide necessary inputs and support to fully operationalize the JPSTs including, but not limited to, the development of the training curriculum, assignment of instructors for the joint trainings, conduct of internal orientations, and continuing capacity- building activities. 7.1.3 During the transition period, the DND may provide special enlistment of BIAF-MILF members in the JPSTs for those who intend to apply for entry to the AFP, appointment as member of the Citizen Armed Force Geographical Unit (CAFGU), or to a reserve geographical auxiliary unit in the BARMM to be organized in accordance with Executive Order No. 264 (s. 1987) and other relevant laws. 7.2 Decommissioning of MILF forces and weapons. The MILF forces and weapons shall undergo a verification, validation and decommissioning process to be conducted by the Independent Decommissioning Body (IDB) composed of three (3) foreign experts, including the Chairperson, and four (4) local experts agreed upon by the GPH and the MILF. When necessary for the purpose, and upon request of the IDB Chair, the AFP and PNP shall provide personnel to assist in the process. The AFP and PNP, along with relevant government agencies, shall work with the normalization bodies in providing routes, convoy and area security during the conduct of the decommissioning of MILF forces and weapons. 7.3 Disbandment of Private Armed Groups (PAGs). The National Task Force for the Disbandment of the Private Armed Groups in the Bangsamoro Core Territory and the adjacent Regions IX to XII created under Memorandum Circular No. 83 (s. 2015) shall be in charge of policy, planning and implementation of the program for the disbandment of PAGs, including coordination with the relevant bodies, as may be necessary.ℒαwρhi৷ 7.4 Program for Small Arms and Light Weapons (SALWs) Management. A program for the reduction and management of SALWs of individuals and groups shall be developed by the JNC, in coordination with the AFP and PNP, consistent with RA No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act." 7.5 Redeployment of the AFP. The AFP, through the DND, shall prepare a redeployment plan of its units and troops from or within the BARMM, consistent with the progress in the other aspects of the Normalization Program. The JNC will recommend criteria for the redeployment of AFP units. 7.6. Unexploded Ordnances (UXOs) and Landmines. As part of the normalization process, relevant agencies shall support the ICCMN in its activities towards mines/UXO detection and clearance (demining), as well as mine risk education with assistance from concerned organizations or experts. B. Socio-Economic Development 7.7. Government agencies are hereby directed to prioritize, intensify and accelerate implementation of development efforts for the rehabilitation, reconstruction and development of the BARMM, and address the needs of the BIAF members, internally displaced persons, and poverty-stricken communities as part of the normalization process. These programs shall be community-based and shall reinforce social cohesion, and strengthen and preserve the unity of the communities. The Task Force for Decommissioned Combatants and their Communities shall coordinate with the ICCMN, and other stakeholders in the delivery of these programs, subject to the guidelines of the Implementing Panels. 7.8. The Joint Task Forces on Camps Transformation shall assess the needs, formulate a comprehensive and integrated development plan, and undertake the necessary measures in transforming the six (6) recognized MILF camps and such other identified areas, into peaceful and productive communities. C. Confidence-Building Measures 7.9. A Technical Working Group chaired by the DOJ and OPAPP shall be established to study and recommend the propriety of the grant of amnesty or pardon, and identify other available processes towards the resolution of cases of persons charged with or convicted of crimes and offenses connected to the armed conflicts in Mindanao, as contemplated in the Annex on Normalization. D. Transitional Justice and Reconciliation 7.10. The ICCMN shall lead the implementation of the recommendations provided for in the report of the Transitional Justice and Reconciliation Commission, to address legitimate grievances of the people in the BARMM, correct historical injustices, and address human rights violations and marginalization through land dispossession, towards healing and reconciliation. Relevant agencies shall be convened under the ICCMN to work towards the adoption and implementation of the Transitional Justice and Reconciliation Program for the BARMM. Section 8. Resource Mobilization and Funding. The initial funding requirements for the implementation of this Order shall be charged against sources to be identified by the DBM. Funding requirements for the succeeding years shall be included in the respective budgets of member-agencies of the ICCMN and such other appropriate funding sources as the DBM may identify, subject to existing budgeting, accounting and auditing laws, rules and regulations. Donations and other funds from sources outside of government may be received in accordance with relevant laws, rules and regulations. Section 9. Duration. The ICCMN shall cease to operate upon the signing of the Exit Agreement by the GPH and the MILF Implementing Panels, or when the ICCMN determines that the programs under the Normalization Program are completely implemented, whichever comes earlier. Section 10. Convergence. Consistent with their respective mandates, all departments, bureaus, agencies, offices and local government units, including government-owned or -controlled corporations, are hereby directed to extend support, including technical and logistical assistance to the ICCMN and its Secretariat, in the implementation of this Order. All existing government coordinating mechanisms at all levels shall be used for efficient and effective inter-agency coordination in the implementation of this Order. Section 11. Integrity and Confidentiality of Information. The ICCMN shall ensure the integrity, accuracy and, if applicable, confidentiality of information received pursuant to this Order. Section 12. Operational Guidelines. The QCS and OPAPP, with the concurrence of the member-agencies of the ICCMN, may issue operational guidelines for the effective implementation of this Order. Section 13. Repeal. All orders, rules and regulations, issuances, or any part thereof, inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly. Section 14. Separability. Should any part or provision of this Order be held unconstitutional or invalid, the other parts or provisions not affected thereby shall continue to be in full force and effect. Section 15. Effectivity. This Order shall take effect immediately upon the completion of its publication in the Official Gazette or a newspaper of general circulation. DONE, in the City of Manila, this 24th day of April in the year of our Lord, Two Thousand Nineteen. (SGD.) RODRIGO ROA DUTERTE By the President: (SGD.) SALVADOR C. MEDIALDEA Executive Secretary The Lawphil Project - Arellano Law Foundation