PROPOSED MOU FOR THE "MAPP"

UNCLAS SECTION 01 OF 03 MANILA 001909 SIPDIS SENSITIVE STATE FOR INL AND INL/AAE, DS/DSS/ATA, DS/IP/EAP STATE ALSO FOR S/CT/CHANDLER/FUJIMURA, EAP AND EAP/PMBS JUSTICE FOR ICITAP, OPDAT AND OIA E.O. 12958: N/A TAGS: PREL KCRM SOCI KCOR PTER PGOV PINS ASEC RP SUBJECT: PROPOSED MOU FOR THE "MAPP" REF: A. MANILA 1889 ¶B. MANILA 1792 ¶C. 04 MANILA 5502 ¶1. (U) This is an action request -- see para 4. ¶2. (U) Noting that the Philippine National Police (PNP) -- at the instigation of Philippine Ambassador to Washington Del Rosario -- was now interested in pursuing a "Management Assessment of the Philippine Police" with the USG that would parallel the ongoing Philippine Defense Reform initiative, Police Chief Superintendent Luizo Ticman of the PNP's Directorate for Plans conveyed to Embassy a draft "Memorandum of Understanding (MOU) On the Conduct of the Management Assessment of the Philippine National Police (MAPP)," with a request for comments. (Full text in para 5.) Ticman specified that the PNP had prepared the MOU for possible signing during the May 17 meeting of Foreign Secretary Alberto Romulo with Secretary Rice. Assistant Secretary of Foreign Affairs for American Affairs Ariel Abadilla and North American Affairs Director Marc De Borja separately confirmed the DFA's high interest in this project as an item at least discussion -- and possibly as an important deliverable -- during the Foreign Secretary's visit. The GRP may also raise this request during Deputy Secretary of State Zoellick,s May 10 discussions in Manila (ref a). ¶3. (SBU) Comment: We have explained to the PNP and DFA that the USG had not yet formally decided on how to proceed with this proposal from Embassy (ref c). Embassy continues to view the MAPP as an essential next step in encouraging systemic reform within the PNP, our other key partner (in addition to the Armed Forces of the Philippines) in the Global War on Terror, as well as on counternarcotics programs, anti-trafficking in persons efforts, and other law enforcement issues. The initiative of the DFA and PNP in trying to jump-start this project appears clearly to reflect the importance the GRP has already assigned to this effort. We believe the GRP will welcome this bilateral cooperation in devising a roadmap toward overdue systemic change in the PNP through the MAPP, and urge USG support. We may wish, however, to insist on some level of PNP financial support for this project, as the Department of National Defense is providing in the PDR. End comment. ¶4. (SBU) Action request: Please provide by May 6 a response to this draft MOU as well as possible talking points for the Secretary's and Deputy Secretary's use in their May 17 and SIPDIS May 10 meetings with GRP counterparts, respectively. ¶5. (SBU) Draft text of the GRP draft MOU follows: MEMORANDUM OF UNDERSTANDING MOU) BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES GRP) AND THE UNITED STATES GOVERNMENT (USG) ON THE CONDUCT OF MANAGEMENT ASSESSMENT OF THE PHILIPPINE NATIONAL POLICE (MAPP) ¶I. Overview The Government of the Republic of the Philippines (GRP) and the United States Government (USG) have established a strong bilateral relationship through their various cooperative efforts especially in the field of law enforcement. However, the GRP's capacity to respond on the security and law enforcement concerns of the USG is primarily anchored on the former's capability to maintain an effective, efficient, and responsive police force ) the Philippine National Police (PNP). The GRP acknowledged that the PNP is experiencing institutional deficiencies, weak training system, poor internal controls, and unrealized strategic vision. It is for this reason that a comprehensive framework is essential for the PNP to transform itself into a modern and professional police force, serving a democratic society. While it is also recognized that the PNP has undergone and is embarking on a series of reform efforts, it is understood that there still exists an opportunity to reinforce and accelerate these PNP reform initiatives. It is to be acknowledged that reforming the PNP will greatly contribute to national and regional stability. In view of the urgent need to come up with a comprehensive framework for PNP reform program, it is understood that both governments will jointly conduct a management assessment of the PNP. II. Objectives of the MAPP: A joint RP-US &Management Assessment of the PNP8 (MAPP) shall endeavor to: ¶1. Identify and prioritize key PNP institutional weaknesses and lay out a road map on how to address them; ¶2. Identify institutional shortcomings and provide concrete recommendations for corrective action, covering the areas of human resource management (recruitment, selection, placement, training and education, promotion, retirement), budgeting and financial management, logistics management, organization, professional standards, operational procedures, policy development and implementation, strategic planning and management continuity; and ¶3. Develop an implementation plan. III. Desired Outcomes: The MAPP is expected to: ¶1. Bring about a strategic framework in prioritizing/optimizing PNP resources and US assistance programs that will improve the law enforcement capacity of the PNP; ¶2. Allow better integration of all US law enforcement assistance programs and create synergies with other international donors' law enforcement assistance programs; and ¶3. Engage the GRP in committing to sustain the transformation of the PNP into a democratic and professional police force. IV. Methods and Procedures in Conducting the MAPP: The MAPP must be a collaborative undertaking between the USG and the GRP through the pairing of experts. The USG shall identify multi-disciplinary experts from its various law enforcement arms (Federal Bureau of Investigation, Drug Enforcement Agency, Department of Homeland Security, among others) to work closely with PNP experts in conducting the MAPP. A joint Assessment Team (JAT) shall be composed of these experts from both governments and shall be Co-Chaired by senior representatives from both sides. The JAT shall be assisted by a secretariat composed of PNP personnel. The MAPP shall be conducted by comparing local conditions against those considered as law enforcement standards and &best practices8. This will be undertaken through interviews, direct observations, focus group discussions, surveys, and task/process analysis. The GRP shall ensure the availability of all required personnel, documents and facilities while the USG shall provide funding in the conduct of the MAPP. It also to be understood that the GRP shall endeavor to fully comply to the recommendations of the MAPP and the USG shall provide financial support in order to achieve the desired outcomes of the MAPP. ¶V. Time Frame: The MAPP shall be conducted for a period of three (3) months from the time this MOU is signed by the representatives of both governments. It shall be conducted in three (3) phases: Phase I - Management Assessment (9 weeks) Phase II - Preparation of Report (2 weeks) Phase III - Validation (1 week) VI. Limitations: This Memorandum of Understanding shall be implemented in accordance with each country's domestic laws and regulations and in accordance with their international obligations. VII. Settlement of Disputes: Any dispute regarding the interpretation or implementation of this MOU shall be resolved through consultation and negotiation between the two governments through diplomatic channel and will not be referred to any Third Party or tribunal for resolution. For the Government of the United States of America: For the Government of the Republic of the Philippines: Ricciardone