JOINT STATEMENT ON THE SUCCESSFUL THIRD ROUND OF FORMAL TALKS BETWEEN THE GRP AND NDFP IN ROME, ITALY

The Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP), together with their respective delegations of negotiating bodies, consultants, advisors, resource persons, cooperators and staff successfully held the third round of formal talks in Rome City from January 19 to 25, 2017. The third round was facilitated by the Royal Norwegian Government (RNG) in cooperation with the Italian Government.

At the opening ceremonies on January 19, RNG Ambassador to the Philippines Erik Førner and RNG Special Envoy to the Philippine Peace Process Elisabeth Slåttum welcomed the two delegations. They commended the two Parties for their hard work in the second round of the formal talks in Oslo and reiterated the commitment of the RNG of its continuing support to the GRP-NDFP peace negotiations.

The opening statements of the two Parties were made by the following: GRP OPAPP Secretary Jesus G. Dureza, NDFP Chief Political Consultant Jose Maria Sison, GRP Negotiating Panel Chairperson Silvestre H. Bello III, NDFP Negotiating Panel Chairperson Fidel V. Agcaoili and RNG Special Envoy Ambassador Elisabeth Slåttum.

In her opening statement, RNG Special Envoy to the Philippine Peace Process, Ambassador Elisabeth Slattum, congratulated both Panels for their commitment in working for peace in the country. She commended the two sides for declaring their respective unilateral indefinite ceasefires. The Ambassador reiterated the RNG’s commitment to be with the two Parties for the duration of the peace negotiations.

The Presidential Adviser on the Peace Process, Secretary Jesus G. Dureza after thanking the RNG passed on part of his speaking turn to GRP Foreign Secretary Perfecto Yasay, Jr., who expressed his support to the peace process. Sec. Yasay also expressed his admiration for Professor Joma Sison and his elation for having met with him personally.

In his opening statement, Professor Sison expressed his continued declaration that the two Panels can negotiate in a non-adversarial way and overcome any obstacle by addressing the root causes of the armed conflict. He also acknowledged his appreciation for last year’s release of detained NDFP consultants and the expectation for the release of the hundreds of political prisoners. Further, he cited that the concurrent or reciprocal unilateral declarations of ceasefire by the GRP and NDFP can easily be turned into a more stable bilateral ceasefire upon the release of all political prisoners by the GRP in compliance with the CARHRIHL. He likewise expressed NDFP’s concerns on the burial of former President Marcos in the Libingan ng mga Bayani and violation of the CARHRIHL and the ceasefire.

Professor Sison was hopeful that within six months the CASER shall already be ready for signing, while the NDFP views political and constitutional reforms can take good and viable examples from both unitary and federal forms of state. He said that the NDFP can go along with President Duterte’s proposal for a federal form of government provided certain safeguards were put in place like the prohibition of puppetry, dictatorship, graft and corruption, dynasty building and warlordism.
He pointed out the advantage of having the CASER and CAPCR signed and approved by the principals within the first two years of the Duterte Government is that these agreements shall be implemented for at least two years before the end of said government. If implemented to the satisfaction of the Filipino people and the NDFP, these agreements shall lay the full basis of the Comprehensive Agreement on End of Hostilities and Disposition of Forces as early as 2020-2021.

On the part of the GRP Panel Chairperson, Secretary Silvestre H. Bello III, he expressed the readiness of the Panel to exchange and discuss the Government’s draft agreements on CASER, CAPCR and CAEHDF, through its Working Committee/Groups, and finalize the Supplemental Guidelines for the full operation of the Joint Monitoring Committee of the CARHRIHL as well as the draft agreement on the bilateral ceasefire. Secretary Bello also expressed the readiness of the Panel to discuss and address the issues confronting the talks such as prisoner release, implementation of the reconstructed JASIG list and the amnesty proclamation. He capped his statement by thanking the support of the RNG Third Party Facilitator, and expressed his expectation for a cordial but frank, rigorous but productive discussions.

The NDFP Panel Chairperson, Fidel V. Agcaoili, declared the NDFP Panel’s readiness to push the negotiations forward and even accelerate the process of forging mutually acceptable comprehensive agreements on the most important topics of socio-economic reforms and political and constitutional reforms. He noted however, certain serious obstacles that are needed to be hurdled if mutual trust and confidence are to be maintained so that negotiations can move forward. He repeatedly raised the issue of the release of all the NDFP-listed prisoners, and expressed appreciation for the support of the RNG to the peace talks.

Before going into the first item on the agenda of the third round of formal talks, a delegation from both Parties met to discuss certain outstanding issues and concrete measures to facilitate the peace negotiations. They discussed the issues of release of political prisoners and of socio-economic projects in relation to the Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes of March 16, 1998. The Parties discussed the signing of CASER with issues of the amnesty of political prisoners and the signing of a bilateral ceasefire agreement.

On Implementation of CARHRIHL and JASIG

The two Parties agreed to strictly comply with the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), the first major agreement signed by the Parties in accordance with the 4-item substantive agenda as provided for in The Hague Joint Declaration.

In this connection, the Joint Monitoring Committee discussed and finalized the Supplemental Guidelines for the Joint Monitoring Committee (JMC). (Annex A) The Guidelines were subsequently signed by the respective Panel Chairpersons, Monitoring Committees, Supervising Panel Members and witnessed by the Third Party Facilitator.  These Supplementary Guidelines will guide and fully operationalize the work of the Joint Monitoring Committee (JMC) in its task of monitoring the implementation of, and achieving, the objectives of CARHRIHL in upholding and promoting human rights and international humanitarian law.

These Guidelines supplement the Operational Guidelines for the JMC of 14 February 2004 and the Partial Supplemental Guidelines for the JMC of 24 June 2004 governing the monitoring mechanism of the implementation of the CARHRIHL.

In the first working session of the two negotiating panels, the NDFP raised the following issues regarding the GRP’s implementation of the CARHRIHL and JASIG:

The NDFP panel cited with concern the urgency for the GRP to repeal the remaining repressive Marcos decrees that continue to be used against political prisoners and the people; non-observance of the Hernandez political offense doctrine prohibiting the criminalization of acts in pursuit of one’s political beliefs; the perceived political rehabilitation of Marcos and its implications to the rendering of justice for the Martial Law victims; the incidents of occupying schools, barangay halls, and other civilian structures in the rural communities as part of GRP’s Oplan Bayanihan; and the due process issues in relation to the GRP’s anti-drug campaign.

The NDFP panel also cited the continuing detention of three NDFP consultants promised presidential pardon and the surveillance and harassment of NDFP consultants participating in the ongoing peace talks.

The NDFP panel conveyed that violations of the GRP unilateral ceasefire covering more than 500 barangays were increasingly endangering the peace talks.

The NDFP panel requested for a copy of the official document on Oplan Kapayapaan that replaces the Oplan Bayanihan of the Aquino administration. The GRP Panel clarified that Oplan Kapayapaan is not operational yet, having been submitted to the authorities concerned but not yet approved.

The NDFP Panel Chairperson previously submitted on November 28, 2016 and January 4, 2017 to the GRP documented complaints of ceasefire violations.

The GRP panel responded by giving its assurance that the GRP acknowledges having signed the CARHRIHL and its commitment to comply with its obligations under the said Agreement. If there are any reported violations of the Agreement on the part of the GRP, these should all be put into writing and submitted to the GRP Panel, which will then study these reports and take the appropriate action. The panel stated that there is no conscious policy on the part of GRP to violate the CARHRIHL and JASIG.

The GRP panel assured the NDFP that the aforementioned three NDFP consultants will be released. With regard to the surveillance and harassment of NDFP consultants, the AFP-Peace and Development Office (AFP-PDO) replied that the AFP recognizes the safety and immunity guarantees of the NDFP consultants. With regard to the reported occupation of schools, hospitals and communities, the AFP-PDO replied that AFP troops went into the communities upon the invitation of local government units, escorting civilian agencies delivering services to the communities.

The GRP Panel explained that the internment of the Marcos remains at the Libingan ng mga Bayani was not intended to politically rehabilitate him. With regard to the indemnification of Marcos human rights victims, the GRP pointed out that the President has taken a direct hand at speeding up the processing and ensuring that a significant number would immediately be given their indemnification.

On the other hand, the GRP Panel Chairperson handed to the NDFP Panel Chairperson a copy of the GRP documented complaints on ceasefire violations committed by the NDFP.

On Amnesty and Releases

The NDFP Panel followed-up the status of the amnesty proclamation of all political prisoners (as listed by the NDFP) and reiterated that it is the most expeditious way of releasing them.

The Parties agreed to continue to study the issuance of an amnesty proclamation consequent to the substantial progress of the peace negotiations.

The GRP Panel also committed to facilitate the release of the three remaining NDFP consultants, Eduardo Sarmiento, Emeterio Antalan and Leopoldo Caloza, through presidential clemency, and other legal modes.

The GRP, with the assistance of the defense lawyers, shall expeditiously process the release of all the political prisoners listed by the NDFP starting with the 200 qualified prisoners either through bail, recognizance, pardon or other legal processes in compliance with the CARHRIHL and to allow them to participate in activities and mechanisms of the peace process.

The GRP team committed to file immediately the necessary manifestations in support of the motions for the temporary liberty of the NDFP consultants and staff granted bail and released in August 2016 be extended and remain effective for the duration of the peace negotiations.

Results of the Proceedings of the RWCs-SER

The GRP and NDFP Reciprocal Working Committees on Social and Economic Reforms (RWCs-SER) met on January 20 to 21, and 23 to 24, 2017, together with their respective consultants and resource persons.

The RWCs-SER had exchanged their complete drafts of the CASER more or less ten days before the opening of the third round of formal talks.

The RWCs-SER reaffirmed their April 2004 agreement on the Preamble and the Declaration of Principles (Part I) as the framework of the CASER, provided that the unresolved provisions, including new insertions of the NDFP, will be elevated to the negotiating panels for their resolution.

Discussions on the Bases, Scope and Applicability (Part II) were substantially made and points of agreement were identified. The reaffirmation of Part III entitled Desired Outcomes, which was approved during the second round of talks, was made.

The RWCs-SER also started discussions on Agrarian Reform and Rural Development (Part IV). They reached a common understanding on the general features of the agrarian problems in the Philippines.

The RWCs-SER agreed in principle to the free distribution of land to farmers and farm workers as part of the governing frameworks of CASER.

For the purpose of accelerating the negotiation process of the CASER, the RWCs-SER agreed to the creation of bilateral teams to help reconcile contentious provisions in the GRP and NDFP drafts and/or provisions which have no corresponding equivalent in each RWCs’ exchanged drafts. The bilateral teams shall submit to their respective RWCs the necessary recommendations.

The bilateral teams may hold meetings in Metro Manila, Philippines, or in any mutually agreed upon venue in the Philippines, or in any neighboring country.

The Panels and RWCs-SER signed on 25 January 2017 the Ground Rules for the Conduct of the Formal Meetings between the RWCs-SER of the GRP and the NDFP. (Annex B)

In the next round of formal talks, the RWCs-SER shall discuss the remaining items under the Agrarian Reform and Rural Development (Part IV), National Industrialization and Economic Development (Part V), Environmental Protection, Rehabilitation and Compensation (Part VI), and the outputs of the bilateral teams.

Results of the Proceedings of the RWGs-PCR

The Reciprocal Working Groups (RWGs) on Political and Constitutional Reforms (PCR) met twice and formally exchanged full drafts of the tentative Agreement on PCR based on the common outline agreed upon during the last round of talks in October 2016.  This surpassed the earlier expectation that the RWGs would only enflesh the said outline in the third round.

The RWGs assisted by their consultants, staff and observers, ran through their respective drafts highlighting their main points, proposed mechanisms and framework.

They exchanged initial and general views, opinions and comments as well as questions on certain provisions of their drafts.

They exchanged views on the proposal for a federal form of government and the need for certain constitutional guarantees and safeguards demanded by the people.

Thereafter, they exchanged and presented their respective comparative matrices of the drafts.

They also agreed to hold unilateral meetings of the RWGs to rewrite their respective drafts and matrices taking into account the drafts that they have exchanged.

The RWGs acknowledged that the tentative drafts shall be subject to the developments in the crafting of the CASER.

They agreed to meet again during the fourth round of formal talks and work on a common matrix as a reference for discussions.

Meeting of the Ceasefire Committees

The NDFP ceasefire committee (CFC) formally acknowledged receiving the GRP CFC draft “Agreement on an Interim Bilateral Cessation of Hostilities Between the GRP and the NDFP”. It said that it will seriously study the proposal, submit comments and may provide its own updated version of its proposed draft agreement for an interim bilateral ceasefire.

NDFP Panel Chairperson Fidel V. Agcaoili handed a letter addressed to GRP Panel Chairperson Silvestre H. Bello III formally protesting the AFP military operation in Makilala, North Cotabato as a violation of the ongoing ceasefire.

The Parties note that their unilateral indefinite ceasefires remain in place. They note however that there are issues and concerns related thereto.

The two CFCs agreed to meet again during the period on February 22-27, 2017 in The Netherlands simultaneous to the opening of the bank safety deposit box account for safekeeping of the JASIG documents of identification.

Fourth Round of Formal Talks

The Parties agreed to meet for the fourth round of formal talks in Oslo, Norway on April 2-6, 2017. They shall continue to work on strengthening the mechanisms in the implementation of CARHRIHL and the unification of the drafts of CASER and CAPCR.

Expression of Gratitude to RNG

Both Panels reiterated their appreciation and gratitude to the Royal Norwegian Government (RNG) for its unrelenting support to and active facilitation of the peace talks which have allowed both sides to move these forward. They also thanked the RNG for the two international experts that they provided who shared their insights on peace negotiations that the Parties may find useful.

Once more they expressed their gratitude to the RNG for its consistent and substantial facilitation and support for the GRP-NDFP peace negotiations as well as to the Italian government for its cooperation and support.

Signed on the 25th day of January 2017 in the City of Rome, Italy.

Signatories:

 

Sec. Silvestre H. Bello III Fidel V. Agcaoili
Chairperson of the GRP Panel

Hernani A. Braganza

Member, GRP Panel

Rene V. Sarmiento

Member, GRP Panel

Angela L. Trinidad

Member, GRP Panel

Sedfrey M. Candelaria

*alternate member, GRP Panel

Chairperson of the NDFP Panel

Julieta S. de Lima

Member, NDFP Panel

Coni K. Ledesma

Member, NDFP Panel

Asterio B. Palima

Member, NDFP Panel

Benito E. Tiamzon

Member, NDFP Panel

WITNESSES:

Sec. Jesus G. Dureza                                               Prof. Jose Maria Sison

Presidential Adviser on the Peace Process     NDFP Chief Political Consultant

Mayor Edgardo D. Pamintuan                                       Luis G. Jalandoni 

Adviser, GRP Panel                                           Senior Adviser, NDFP Panel

Elisabeth Slåttum

Third Party Facilitator

For the Royal Norwegian Government

JOINT STATEMENT ON THE SECOND ROUND OF TALKS BETWEEN THE GRP AND THE NDFP

We, the Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP), successfully held the second round of talks from 6 to 9 October 2016 in Oslo, Norway, facilitated by the Royal Norwegian Government (RNG).

At the opening ceremonies, RNG Special Envoy to the Philippines Peace Process, Ambassador Elizabeth Slattum, welcomed the GRP and NDFP delegations. She reiterated the continuing commitment of the RNG to support the GRP-NDFP peace negotiations.

Secretary Jesus G. Dureza, GRP Presidential Adviser on the Peace Process (PAPP) reiterated the commitment of the two Parties in the peace negotiations toward resolving the armed conflict.

NDFP Chief Political Consultant Prof. Jose Maria Sison thanked the RNG for its caring and efficient facilitation. He stated that the amnesty and release of all political prisoners are a matter of justice and compliance with the Comprehensive Agreement on Human Rights and International Humanitarian Law (CARHRIHL) and will be a big incentive to the forging of a more stable ceasefire as well as to the acceleration of the peace process.

GRP Panel Chairperson Silvestre Bello III congratulated Fidel Agcaoili for being the newly-designated Chairperson of the NDFP Negotiating Panel and reiterated the determination of the Duterte administration to bring the peace negotiations to a successful conclusion as soon as possible. He also extended his deepest appreciation to former NDFP Negotiating Panel Chairperson Luis G. Jalandoni for his invaluable contribution to the sustained conduct of the peace talks through the years.

NDFP Panel Chairperson Fidel V. Agcaoili thanked the GRP Panel Chairperson for his congratulations. He narrated the need to expeditiously pursue the work for the grant of amnesty and the release of prisoners (as listed by the NDFP).

NDFP Panel Chairperson Agcaoili announced the appointments of Mr. Jalandoni as NDFP Senior Adviser and Benito E. Tiamzon as new member of the NDFP Panel.

The Chairpersons of the GRP and NDFP Negotiating Panels, Secretary Silvestre H. Bello III and Fidel V. Agcaoili, introduced their respective Panel Members:

On the side of the GRP: Panel Chairperson, Secretary Silvestre H. Bello III and Panel members, Hernani A. Braganza, Atty. Rene V. Sarmiento, Atty. Angela L. Trinidad, and Atty . Antonio B. Arellano.

On the side of the NDFP: Panel Chairperson Fidel V. Agcaoili and Panel Members Julieta S. de Lima, Coni K. Ledesma, Asterio B. Palima and Benito E. Tiamzon.

Both sides also brought along the heads and members of their respective Reciprocal Working Committee-Socio and Economic Reforms (RWCs-SER), Reciprocal Working Groups-Political and Constitutional Reforms (RWGs-PCR), Reciprocal Working Groups-End of Hostilities and Disposition of Forces (RWGs-EHDF), Joint Monitoring Committee (JMC) under the CARHRIHL, respective ceasefire committees, advisers, consultants, cooperators, experts, resource persons, technical personnel and observers.

The Parties noted the presence of the six-person delegation from the House of Representatives headed by Hon. Ruby M. Sahali as well as Tarlac Gov. Susan Yap. The other members of the House delegation are: Deputy Speaker Bai Sandra S.A. Sema, Hon. Leopoldo N. Bataoil, Hon. Nancy A. Catamco, Hon. Jesus N. Sacdalan, and Hon. Carlos Isagani Zarate.

The two Panels agreed on the following:

1. Releases
The Parties reviewed the Joint Oslo Statements dated June 15 and August 26, 2016 on the issue of the immediate release of detained prisoners listed by the NDFP, giving premium on those prisoners who will be released based on humanitarian grounds. They also reviewed the circumstances and status of JASIG-protected NDFP consultants.

They took good note of the positive steps so far taken, including the finalization of the Revised Guidelines on the Presidential Committee on Bail, Recognizance and Pardon, and agreed to accelerate the process consistent with the Parties’ common resolve.

They also agreed that the presidential clemency for and release of three remaining JASIG-protected consultants, Eduardo Sarmiento, Emeterio Antalan and Leopoldo Caloza, shall be expedited. The GRP shall release the prisoners who are listed by the NDFP in accordance with the CARHRIHL pending the approval of the proposed amnesty for their benefit.

The GRP Panel affirms its commitment to work for the release of these prisoners in expeditious and acceptable modes.

2. Amnesty Proclamation
The Panels reviewed the circumstances and status of the proposed amnesty proclamation since the first round of talks on August 27, 2016.

The GRP Panel said that the amnesty proclamation has already been drafted and endorsed to the Office of the President. The NDFP Panel requested a copy of the said proclamation. The GRP Panel assured the NDFP that it shall have a copy in due time.
Meetings of RWCs, RWGs, JMC and respective ceasefire committees

Meeting of RWCs, RWGs, JMC and respective ceasefire committees.

a. RWCs-SER
The RWCs-SER discussed their respective proposed drafts on the framework and outline of the Comprehensive Agreement on Social and Economic Reforms (CASER).

After several sessions, the RWCs-SER agreed on a common CASER framework and outline which both parties have initialed (Annex A).

The RWCs-SER agreed to conduct their respective consultations, exchange drafts, and schedule their bilateral meetings to correspond to the formal meetings of the Negotiating Panels.

b. RWCs-PCR
The RWCs-PCR agreed on a common outline (Annex B). This shall be fleshed out by each side in the period of November to December 2016 in the Philippines. The two sides shall exchange the enfleshed drafts of the common outline in the last week of January 2017 by email. They shall discuss the drafts in order to reconcile them on the date and venue decided by the Panels.

c. RWCs-EHDF
The RWGs-EHDF agreed on the topic outline of the NDFP RWG-EHDF as the common outline (Annex C).

The RWGs-EHDF will continue to hold unilateral meetings in order to develop their respective outlines and submit the same to their respective Panels. In the meantime, the RWGs-EHDF shall study and follow closely the progress of the work of the RWCs-SER and RWGs-PCR.

The RWGs-EHDF have agreed to exchange drafts of their respective enfleshed common draft outlines upon completion by the RWCs on SER of the draft CASER and after the RWCs on PCR have substantially moved forward in the drafting of a CAPCR.

d. Joint Monitoring Committee
The JMC discussed and agreed to undertake joint activities including the distribution of CARHRIHL in several local languages, brochures, poster-making contest and calendar.

The JMC likewise agreed to develop the monitoring system and promote human rights by conducting fora and trainings which will be planned by the Joint Secretariats.

The JMC will recommend the inclusion of the study of human rights and international humanitarian law in the curriculum of schools.

They had extended discussions and clarifications on documentation and investigation.

The Joint Secretariat shall finalize the coverage of the Joint Education and Capacity Building.

The JMC shall correspondingly amend the budget to cover the various joint activities and submit it to the RNG.

The JMC discussed the Draft Common Supplemental Guidelines initialed in April 2011 including further amendments by the NDFP MC to which the GRP MC asked for more time to study and comment.

The JMC discussed its budget and agreed that the coverage is for fifteen months, beginning October 2016 to December 2017.

e. Respective ceasefire committees
The Parties renewed their commitment to work through their respective ceasefire committees to reconcile and develop their separate unilateral ceasefire orders into a single unified bilateral document within 60 days from August 26, 2016.

The Parties engaged in preliminary discussions on different drafts for a potential bilateral ceasefire, took note of concerns on issues related thereto, and relayed alleged incidents vis-a-vis their separate unilateral ceasefire orders.

The Parties stressed that they are exerting best efforts to develop a single unified document of a bilateral ceasefire agreement within a desired period.

The Parties have likewise reaffirmed their declarations of their respective unilateral indefinite ceasefires.

3. Next Meeting
The Panels agreed to meet again on the third week of January 2017 in a foreign neutral venue. They have instructed their respective RWCs and RWGs to synchronize their schedules.

Expression of Gratitude to RNG
Both Panels reiterated their appreciation and gratitude to the Royal Norwegian Government for its steadfast support to the GRP-NDFP peace negotiations and acknowledged the facilitation of Special Envoy to the Philippine Peace Process Elisabeth Slattum and her team.

 

Signed in Oslo, Norway on 09 October 2016

Sec. Silvestre H. Bello III

Chairperson of the GRP Panel

Hernani A. Braganza

Member, GRP Panel

Rene V. Sarmiento

Member, GRP Panel

Angela L. Trinidad

Member, GRP Panel

Antonio B. Arellano

Member, GRP Panel

Fidel V. Agcaoili

Chairperson of the NDFP Panel

Julieta S. de Lima

Member, NDFP Panel

Coni K. Ledesma

Member, NDFP Panel

Asterio B. Palima

Member, NDFP Panel

Benito E. Tiamzon

Member, NDFP Panel

WITNESSES:

Sec. Jesus G. Dureza

Presidential Adviser on the Peace Process

Mayor Edgardo D. Pamintuan

Adviser, GRP Panel

Prof. Jose Maria Sison

NDFP Chief Political Consultant

Luis G. Jalandoni

Senior Adviser, NDFP Panel

Elisabeth Slattum

Third Party Facilitator

For the Royal Norwegian Government

The GRP delegation was headed by Presidential Adviser on the Peace Process Secretary Jesus G. Dureza with the following members: OPAPP Assistant Secretary Dickson Hermoso; GRP Negotiating Panel Chairperson Silvestre H. Bello III and Panel members Hernani A. Braganza, Atty. Rene V. Sarmiento, Atty. Angela L. Trinidad, and Atty. Antonio B. Arellano; Panel Advisers Mayor Edgardo D. Pamintuan and CHED Commissioner Prospero De Vera; GRP Monitoring Committee Chair Atty. Efren C. Moncupa and member Col Facundo Palafox; RWC-SER Head Roberto M. Ador and member Atty. Ria Lano; RWG PCR Head Dean Sedfrey M. Candelaria with member Dean Julio Teehankee; RWG-EH/DF Head DND Assistant Secretary Teodoro Cirilo Torralba III and member Atty. Franklin Quijano; Committee-Ceasefire Head Prof. Francisco J. Lara, Jr. and members Atty, Marie Dinah Tolentino-Fuentes, Dr. Jaime Aristotle Alip, Col. Wilmer Panabang and Atty. Adel Abas; WG-JASIG/Releases Head Atty. Vincent Paul L. Montejo; Panel Technical Committee Head Danilo L. Encinas and members Col. Francisco Ariel A. Felicidario III, Police Chief Supt. Agrimero A. Cruz Jr.; WG Communications Head Patricia Melizza Ruivivar and members Ruben Manahan, Edwin G. Espejo and Joy Alcantara; Panel Secretariat Head Director Maria Carla Munsayac-Villarta and staff support team members Oscar Bathan, Fe Oaing, Celin Mendoza, Rosalyn Lachica, Edith Wayas, Jenivive Cruz and Rhoda Espino; and Executive/Technical Assistants Dr. Jesus Cruz, Leonardo Kirk Galanza, Jeliza Farrah D. Uy, Oibone Enobio, and Lean Braganza.

The NDFP Delegation was composed of Panel Chairperson Fidel V. Agcaoili and Panel Members Julieta S. de Lima-Sison, Coni K. Ledesma, Asterio B. Palima, Benito E. Tiamzon; NDFP Chief Political Consultant Prof. Jose Maria Sison; Senior Adviser Luis G. Jalandoni; Political Consultants Rey Claro Casambre, Danilo Borjal; Legal Consultants Edre U. Olalia, Rachel Pastores, Carlos Montemayor Jr., Criselda Azarcon Heredia, Edgar Carmona; Legal Resource Persons Marie Francesca Yuvienco, Rom-Voltaire Quizon, Pamela Felizarta, Rolando Rico Olalia, Fatima Irene Purisima; RWC-SER Members Alan Jazmines Jr., Randall Echanis, Adelberto Silva; RWC-SER Consultants Gabriel Kennedy Bangibang, Ruben Saluta, Servellano Jaime Soledad, Ma. Loida Magpatoc, Renato Baleros Sr.; RWC-SER Resource Person Vivian de Lima; RWC-SER Secretariat Members Rita Sadorra, Pio Verzola Jr., Lualhati Roque; RWG-PCR Members Rafael Baylosis, Renante Gamara, Alfredo Mapano, Ernesto Lorenzo; RWG-PCR Consultant Felix Randy Malayao Jr.; RWG-PCR Cooperator Carol P. Araullo; RWG-PCR Resource Person Francisco Domagoso; RWG-EHDF Chairperson Wilma Austria Tiamzon; RWG-EHDF Members Pedro Codaste, Porferio Tuna Jr.; RWG-EHDF Consultants Tirso Alcantara, Ariel Arbitrario, Edie Genelza; JMC Member Concha Araneta-Bocala; JMC Staff Levie Ebio; Independent Observer Rev. Rex Reyes Jr.; Secretariat Head Marissa P. Dumanjug-Palo and Staff Members Alexander Birondo, Winona Birondo, Rosario Agcaoili (staff of Fidel V. Agcaoili).

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ADDITIONAL IMPLEMENTING RULES OF THE JOINT AGREEMENT ON SAFETY AND IMMUNITY GUARANTEES (JASIG) PERTAINING TO THE SECURITY OF PERSONNEL AND CONSULTATIONS IN FURTHERANCE OF THE PEACE NEGOTIATIONS

These ADDITIONAL IMPLEMENTING RULES OF THE JOINT AGREEMENT ON SAFETY AND IMMUNITY GUARANTEES (JASIG) PERTAINING TO THE SECURITY OF PERSONNEL AND CONSULTA­TIONS IN FURTHERANCE OF THE PEACE NEGOTIATIONS, hereinafter referred to as the IMPLEMENTING RULES, are being agreed by and between:

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
(GRP), through its Negotiating Panel headed by its Chairperson,
Howard Q. Dee

and

The NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES (NDFP),
through its Negotiating Panel headed by its Chairperson, Luis G. Jalandoni.

WHEREAS, the Parties have the responsibility to protect their respec­tive personnel involved in the peace negotiations through their respective security forces;

WHEREAS, the duly accredited persons under the Joint Agreement on Safety and Immunity Guarantees (JASIG) dated 24 February 1995, herein­after referred to as the duly accredited persons, because of their involvement in the peace negotiations, have the inherent right to their personal security;

WHEREAS, security is likewise required for the consultations, public meetings, and free and unhindered passage in all areas in the Philippines in connection with and in furtherance of the peace negotiations that the aforesaid duly accredited persons conduct; and

WHEREAS, there is a need to agree on the security methods and means in order to enhance the conditions of the peace negotiations and avert inci­dents adverse thereto.

NOW, THEREFORE, in consideration of the foregoing, the two Parties through their Negotiating Panels hereby agree to the following:

ARTICLE I
SECURITY FOR DULY ACCREDITED PERSONS

Section 1. The duly accredited persons may carry one (1) sidearm each including its ammunitions, accessories and spare parts for their security and self‑protection while in the performance of their functions in the peace negotiations. For purposes of these Implementing Rules, “sidearm” shall refer to revolvers and semi‑automatic pistols and excludes machine pistols.

Any case of alleged violation of the provisions of this section shall be the subject matter of appropriate consultations between the two Parties.

The appropriate circular needed to ensure the attainment of the abovestated purpose shall be issued within two (2) weeks from the date of effectivity of these Implementing Rules. For purposes of the issuance of the said circular, a list of names of the duly accredited persons of the concerned Party shall be furnished to the Panel Chairman of the other Party.

The contents of this circular shall be consistent with the pertinent provisions of the JASIG and these Implementing Rules.

Section 2. Both Parties shall ensure that these Implementing Rules are trans­mitted and fully understood by all personnel concerned down to the lowest unit on the ground. The two Negotiating Panels shall discuss and agree on additional implementing rules as they may deem necessary to avert any incident which may jeopardize the peace negotiations and the safety and unhindered passage of their respective duly accredited persons and the persons consulted by them as well as the peaceful conduct of the assemblies.

ARTICLE II
SECURITY COMMITTEES AND SECURITY FORCES

Section 1. The Parties shall organize their respective Security Committees composed of three members on each side which shall discuss and agree: (1) on the guidelines for these Implementing Rules on matters of detail which are not specifically covered herein; (2) on the implementation of such guide­lines; (3) on ensuring proper coordination in such implementation; (4) on prior notice on the holding of consultations and the appropriate information which should be disclosed regarding such consultations; (5) on the necessity of declaring a mutual ceasefire in the areas where consultations are being conducted and the nature, scope, implementing guidelines and parameters of such mutual ceasefire; (6) on the determination of the safety area, radius and distance from both sides and adequate protection for the routes of safe passage for participants in the consultation; and (7) on such other matters as may be assigned to them from time to time by agreement of the two Panels.

Section 2. The Party concerned may form a central security force of not more than thirty (30) members which, in the case of the NDFP, shall include the twelve (12) security personnel who are duly accredited persons. The central security force shall perform close‑in security of its duly accredited persons, security of participants in the consultations, and security for the safe passage of personnel and participants in the consultations.

Section 3. For purposes of the consultations, the Party concerned may form a regional security force in each of the fifteen (15) regions of the country, not exceeding thirty (30) members in each region at any one time, inclusive of those who may come from the central security force. Such security force shall perform its tasks during the period of consultations and in the area where such consultations are being held.
The guidelines to implement this section including the carrying of sidearms/firearms shall be discussed and agreed upon by the Security Committees.

Section 4. Members of the aforesaid central and regional security forces shall enjoy the protection provided for by Section 3, Article II of the JASIG.

ARTICLE III
GENERAL PROVISIONS

Section 1. The duly accredited persons and members of the security forces authorized to carry sidearms/firearms, including its ammunitions, accesso­ries and spare parts, pursuant to these Implementing Rules shall act in a manner that will promote the objectives of the peace negotiations.

Section 2. The authority to carry sidearms/firearms issued pursuant to the preceding section shall not be transferable and shall be in the possession of the bearer together with the sidearms/firearms covered by said authority.

Section 3. These Implementing Rules or any provision hereof shall not impair or diminish the safety and immunity guarantees provided for under the JASIG.

Section 4. These Implementing Rules shall take force and effect upon signing by the Chairpersons of the two Negotiating Panels and approval by their respective Principals, and shall remain in force during the effectivity of the JASIG dated 24 February 1995.

DONE on the 16th of March 1998 in The Hague, the Netherlands.

GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES:Amb. HOWARD Q. DEE
Chairman, GRP Negotiating Panel

Rep. JOSE V. YAP
Member

Sec. SILVESTRE H. BELLO III
Member

Atty. RENE V. SARMIENTO
Member

Ms. ZENAIDA H. PAWID
Member

NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES:

LUIS G. JALANDONI
Chairaman, NDFP Negotiating Panel

FIDEL V. AGCAOILI
Member

CONI K. LEDESMA
Member

ASTERIO B. PALIMA
Member

JOJO S. MAGDIWANG
Member

WITNESSES

Hon. JOSE C. DE VENECIA
Speaker, House of the Representatives
GRP

 

Usec. WILFREDO CLEMENTE
DECS, GRP

 

Ms. MA. CARLA L. MUNSAYAC
Executive Director III
GRP Negotiating Panel Secretariat

JOSE MA. SISON
Chief Political Consultant
NDFP Negotiating Panel

 

ANTONIO L. ZUMEL
Senior Adviser
NDFP Negotiating Panel

ROMEO T. CAPULONG
General Counsel
NDFP Negotiating Panel

 

Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agreement)

This Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agreement) is being entered into by and between:

THE NEGOTIATING PANEL OF THE GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES, hereinafter referred to as the GRP Panel,
represented by its Chairperson, Howard Q. Dee;

and

THE NEGOTIATING PANEL OF THE NATIONAL DEMOCRATIC FRONT
OF THE PHILIPPINES, hereinafter referred to as the NDFP Panel,
represented by its Chairperson, Luis G. Jalandoni.

ARTICLE I
PREAMBLE

WHEREAS, the GRP and NDFP Panels signed The Hague Joint Declaration of 1 September 1992 which, among others, sets the framework of mutually acceptable principles and the substantive agenda of the peace negotiations, and the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agree­ment) of 26 June 1995 which provides for, among others, the conduct of work and reasonable time frame of the RWCs;

WHEREAS, both Panels affirm that the common goal of the aforesaid negotiations and agreements is the attainment of a just and lasting peace;

WHEREAS, the GRP acknowledges that there is a limited time for the peace negotiations to be completed within the Ramos administration and there is a common desire by both Parties to accelerate the peace negotiations.

ARTICLE II
PROCESS AND TIMETABLE

The two Negotiating Panels agree on the following:

Section 1. Conduct of Work
Pursuant to the RWC Agreement, the four RWCs of both Panels shall strive to complete their work on or before June 30,1997 by arriving at tenta­tive comprehensive agreements for each major heading of the substantive agenda assigned to them on the basis of the following schedule:

The RWCs on Human Rights and International Humanitarian Law (HR & IHL) shall strive to complete the tentative comprehensive agreement assigned to them within two weeks of continuous work in March 1997.
The RWCs on Social and Economic Reforms (SER) shall meet for the first time and endeavor to complete the tentative comprehensive agreement assigned to them within two weeks of continuous work in April 1997.

The Negotiating Panels may separately form their respective RWCs on political and constitutional reforms (PCR) and RWCs on end of hostilities and disposition of forces at any time, with the aim of preparing for and exerting the best effort to complete the tentative comprehensive agree­ments assigned to them for drafting within two weeks of continuous work in May 1997 and June 1997, respectively, provided the comprehensive agreements mentioned in paragraphs a and b above are signed by the Negotiating Panels and approved by their respective Principals.

Section 2. Effectivity of the Comprehensive Agreements
The agreement/s on each heading of the substantive agenda shall take effect upon its/their signing by the Negotiating Panels and approval by their respective Principals.
The sequence of the headings as set forth in the substantive agenda shall remain firm and the effectivity of an approved comprehensive agreement shall not be delayed but shall help to accelerate the work on the next com­prehensive agreement being worked upon.

ARTICLE III
GENERAL PROVISIONS

Section 1. This Supplemental Agreement shall take effect upon the signing hereof by the Chairpersons of the two Panels.

Section 2. The inability of the Negotiating Panels to complete their work according to the desired schedule in Section 1 above on or before July 1, 1997 shall be no ground for ending the peace negotiations.

IN WITNESS WHEREOF, we have hereunder signed this Supplemental Agreement this 18th of March 1997 at Breukelen, The Netherlands.

 

For
The Government of the Republic of the Philippines Negotiating Panel:

Howard Q. Dee
Chairperson, GRP Negotiating Panel

Rep. Jose V. Yap
Member

Mr. Silvestre H. Bello III
Member

Atty. Rene V. Sarmiento
Member

For
The National Democratic Front of the Philippines Negotiating Panel:

Luis G. Jalandoni
Chairperson, NDFP Negotiating Panel

Fidel V. Agcaoili
Member

Coni K. Ledesma
Member

Asterio B. Palima
Member

Jojo Magdiwang
Member

Witnesses

 

Teresita L. de Castro
Asst. Chief State Counsel
GRP

Ma. Carla Munsayac
Executive Director
GRP Negotiating Panel
Secretariat

 

Jose Maria Sison
Chief Political Consultant
NDFP Negotiating Panel

Romeo T. Capulong
General Counsel
NDFP Negotiating Panel

Sotero Llamas
Political Consultant
NDFP Negotiating Panel

Brig. Gen. Raymundo T. Jarque (ret.)
Consultant
NDFP Negotiating Panel

Danilo Borjal
Consultant

ADDITIONAL IMPLEMENTING RULES PERTAINING TO THE DOCUMENTS OF IDENTIFICATION

Pursuant to the letter and spirit of the Joint Agreement on Safety and Immunity Guarantees (JASIG), the Chairpersons of the Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) hereby adopt the following additional implementing rules of the JASIG exclusively pertaining to the documents of identification, to wit:

ARTICLE I
DOCUMENTS OF IDENTIFICATION

1. Each party shall be entitled to issue not more than eighty‑five (85) documents of identification that shall be duly recognized as safe conduct passes as provided for in Article I, Paragraph 2 of the JASIG. The holders of such documents of identification who are otherwise known as duly accred­ited persons under Article I, Paragraph 2, sub‑paragraph 5 of the JASIG shall be designated on the basis of the following functions: negotiators, consult­ants, staffers, security and other personnel. The number of said documents of identification may be increased later for reasons mutually agreed upon by the Negotiating Panels.

2. In addition to the documents of identification priorly issued by the Panel Chairperson of one party, the Panel Chairperson of the other party shall issue the following acknowledgement which shall contain the name and designation of the duly accredited person, as well as the serial number and period of validity of his/her document of identification, to wit:

(Letterhead)
(Phone and Fax Numbers)

            This is to ACKNOWLEDGE that ___________________________________________________
with Document of Identification Number _________________is a ________________________________
in the GRP‑NDFP peace negotiations.

The above named person is entitled to the safety and immunity guarantees as provided under the Joint Agreement on Safety and immunity Guarantees (JASIG) for the duration of the peace negotiations.

You are hereby required to facilitate the safe conduct and free passage of the above named person.

Thank you for your courtesy and assistance.

CHAIRPERSON

                                                                                                                              (SEAL)

3. For purposes of further verification of identity, the duly accredited person holding a document of identification bearing therein an assumed name shall submit a separate photograph to the Chairperson of the Negotiating Panel to which he or she belongs. Said photograph shall be placed in a sealed envelope and shall be entrusted to the custody of a mutually acceptable third party within a period of seventy-five (75) days from the date of issuance of the document of identification or the signing of this Document. Thereafter, the sealed envelope shall be deposited in a Safety Deposit Box protected by three separate locks and shall be opened only when the need for further verification of identity arises. The deposit of the sealed envelope, and the opening and closing of the safety deposit box shall only be done in the presence of the Panel Chairpersons or their representatives and the third party. Each of them shall separately hold the key to each of the three different locks of the safety deposit box.

4. All documents of identification not exceeding eighty-five (85) in number issued between April 1, 1995 and the date of this Document pursuant to Article I, Paragraph 2 of the JASIG are hereby affirmed as valid. In this regard, compliance with the requirements of the preceding Paragraph 3 as to the timely submission of photographs and other requirements as provided for in the said Paragraph 3, may be dispensed with by the issuing party by replacing the assumed name in the document of identification that has already been issued with the true name of the holder thereof with due notice to the Chairperson of the other party.

ARTICLE II
GENERAL PROVISIONS

1. This Additional Implementing Rules Pertaining to the Documents of Identification or any provision hereof shall not be interpreted in any manner as to contravene or supersede the JASIG or any provisions thereof and shall be without prejudice to the self‑executory provisions of the JASIG.

2. Any issuance, interpretation or application done separately or unilaterally by either party pertaining to this Document which is in conflict with or in violation of the JASIG shall be null and void and of no force and effect.

ADOPTED on this 26th day of June 1996 at The Hague, The Netherlands.

 

FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES NEGOTIATING PANEL:

HOWARD Q. DEE
Chairperson, GRP Panel

 

FOR THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES NEGOTIATING PANEL: 

 

LUIS G. JALANDONI
Chairperson, NDFP Panel

JOINT AGREEMENT ON THE FORMATION, SEQUENCE, AND OPERATIONALIZATION OF THE RECIPROCAL WORKING COMMITTEESS (RWCs) OF THE GRP AND THE NDFP NEGOTIATING PANELS

This Joint Agreement is being entered into by and between:

The Negotiating Panel of the Government of the Republic of the Philippines, hereinafter referred to as the GRP Panel, represented herein by its Chairperson, Howard Q. Dee;

and

The Negotiating Panel of the National Democratic Front of the Phil­ippines, hereinafter referred to as the NDFP Panel, represented herein by its Chairperson, Luis G. Jalandoni.

Pursuant to due authority, the two Negotiating Panels hereby agree:

ARTICLE I
GOVERNING PRINCIPLES

Section 1. In the interpretation and application of this Joint Agree­ment, the GRP and NDFP Negotiating Panels shall at all times conform to the letter and spirit of the Hague Joint Declaration of 1 September 1992, the per­tinent provisions of the Breukelen Joint Statement of 14 June 1994, and the Joint Agreement On Safety And immunity Guarantees of 24 February 1995.

Section 2. The formal peace negotiations shall be guided by the fol­lowing provisions of the Hague Joint Declaration:
a. Formal peace negotiations between the GRP and the NDFP shall be held to resolve the armed conflict.
b. The common goal of the aforesaid negotiations shall be the at­tainment of a just and lasting peace.
c. The holding of peace negotiations must be in accordance with mutually acceptable principles, including national sovereignty, democracy and social justice and no precondition shall be made to negate the inherent character and purpose of the peace negotiations.
d. The substantive agenda of the peace negotiations shall include human rights and international humanitarian law, socio‑economic reforms, political and constitutional reforms and end of hostilities and disposition of forces.

Section 3. Either party may recommend to the other party goodwill and confidence‑building measures to be undertaken voluntarily, not as pre­conditions to the holding and conduct of peace negotiations but as means to improve the climate for peace negotiations. Best efforts shall be exerted by either or both parties, as the case may be, to address the recommended good­will and confidence‑building measures.

ARTICLE II
COMPOSITION, AUTHORITY
AND CONDUCT OF WORK

Section 1. In compliance with the Hague Joint Declaration, the two Negotiating Panels shall form and operationalize their respective Recipro­cal Working Committees (RWCs) for each of the four major headings of the substantive agenda of the formal peace negotiations in the manner and se­quence mutually agreed upon in the succeeding provisions of this Joint Agreement.

Henceforth, said committees shall be named after the four major head­ings of the substantive agenda as the following: Human Rights and Interna­tional Humanitarian Law, Socio‑Economic Reforms, Political and Constitu­tional Reforms, and End of Hostilities and Disposition of Forces.

Section 2. Every RWC on each side shall be composed of a chairper­son and two members to be appointed by their respective Negotiating Pan­els. With the prior approval of its Negotiating Panel, the RWCs shall be as­sisted by consultants, advisers and staff.

Section 3. The RWCs shall be responsible to their respective Nego­tiating Panels. The Negotiating Panels shall direct and supervise the work of their respective RWCs, provide them with guidelines and instructions, au­thorize their meetings with their counterpart RWCs and receive from them findings, recommendations and drafts of tentative comprehensive agree­ments under the major heading of the substantive agenda assigned to them.

Section 4. The principal task of the RWCs shall be to draft a tentative comprehensive agreement for each major heading of the substantive agenda assigned to them. The tentative comprehensive agreements shall be final­ized and signed by the two Negotiating Panels and shall be submitted by them to their respective principals for final consideration and approval.

The comprehensive agreements on human rights and international humanitarian law, social and economic reforms and political and constitu­tional reforms shall prepare the ground for the comprehensive agreement on the end of hostilities and disposition of forces. The four comprehensive agreements shall, pursuant to The Hague Joint Declaration, fulfill the sub­stantive requirements for a just and lasting peace.

Section 5. The two Negotiating Panels shall provide their respective RWCs with their specific issues under the major heading of the substantive agenda assigned to them. These issues shall be the basis for a common list­ing to be agreed upon by the GRP and NDFP RWCs, and to be approved by their respective Negotiating Panels. Upon approval by both Negotiating Pan­els, this common listing shall constitute the issues for discussion of the RWCs under the major heading of the substantive agenda assigned to them. Any modification or revision of the approved listing shall be subject to the ap­proval of the Negotiating Panels.

Section 6. The RWCs shall recommend to the Negotiating Panels the separate and distinct effectivity dates of each comprehensive agreement as a whole as well as certain parts or provisions thereof. Subsequently, the Ne­gotiating Panels shall discuss and mutually agree on the aforesaid dates of effectivity.

Section 7. The Negotiating Panels may mutually agree to refer any important and urgent issue to the pertinent RWCs.

Section 8. The Negotiating Panels and their respective RWCs shall have ample opportunity to present the history and circumstances pertinent to the major heading of the substantive agenda assigned to them and spe­cific issues thereunder, provided that a written version thereof is submitted to the other party at least fifteen (15) days prior to the presentation and dis­cussion of such heading or issue and provided further that additional oral or written presentation may be done.

Section 9. In connection with their work under the assigned head­ings and in support of their respective Negotiating Panels, the RWCs shall engage in research on the social, economic, political, legal and cultural con­ditions in the Philippines. One panel may request the other panel to facili­tate the research, and the other panel shall exert the best effort to provide facilitation.

Section 10. Upon the recommendation of the RWCs concerned, the Negotiating Panels may organize reciprocal working sub‑committees to discuss specific issues under the major heading of the substantive agenda assigned to them. These sub‑committees shall perform their tasks under the direct supervision and control of their respective RWCs and shall submit their reports and recommendations to the latter.

ARTICLE III
FORMATION, SEQUENCE AND OPERATIONALIZATION

Section 1. The GRP and NDFP Negotiating Panels shall announce the formation and date of operationalization of their respective RWCs on Human Rights and International Humanitarian Law during the opening of the peace negotiations on 26 June 1995 at Brussels, Belgium.

Section 2. Three (3) months after the formation and operationalization of the RWCs on Human Rights and International Humani­tarian Law, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on Socio‑Economic Reforms.

Section 3. Three (3) months after the formation and operationalization of the RWCs on Socio‑Economic Reforms, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on Political and Constitutional Reforms, provided that the tentative comprehensive agreement on Human Rights and International Humanitar­ian Law shall have been submitted to the Negotiating Panels.

Section 4. Immediately after the submission by the RWCs of the tentative comprehensive agreements on Socio‑Economic Reforms and Po­litical and Constitutional Reforms, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on the End of Hostilities and Disposition of Forces.

Section 5. The submission of the tentative comprehensive agree­ment on the End of Hostilities and Disposition of Forces to the two Negoti­ating Panels by the assigned RWCs shall constitute the final phase of work of the RWCs.

Section 6. All RWCs shall endeavor to submit their tentative com­prehensive agreements to the Negotiating Panels within six (6) months after their formation and operationalization.

Section 7. The Negotiating Panels may meet formally or communi­cate to each other from time to time on matters pertaining to schedules, agenda, progress of work of the RWCs, and on such other matters which ei­ther Panel may deem necessary to guide, assist or facilitate the work of the RWCs.

Section 8. The two Negotiating Panels shall finalize and sign each tentative comprehensive agreement submitted by the RWCs concerned within fifty (50) days after its submission to the Negotiating Panels.

ARTICLE IV
VENUE AND FORMAL MEETINGS

Section 1. The GRP and NDFP RWCs shall hold their formal meet­ings at mutually acceptable sites agreed upon by the Negotiating Panels.

Section 2. The Joint Agreement on Safety and Immunity Guarantees shall apply to the formal meetings of the RWCs, as well as other related meetings and communications in the process of consultations.

Section 3. The provisions of Sections 3, 4, 5, 6 and 7 of Article II on the conduct of negotiations, Article III on documentation and Article IV on resource persons, of the Agreement on the Ground Rules of the Formal Meet­ings Between the GRP and NDFP Panels dated 26 February 1995 are hereby adopted and made part hereof in a suppletory character.

Section 4. The RWCs shall be subject to the responsibilities, obliga­tions and instructions of their respective Negotiating Panels under Article V on media coverage of the agreement on the Ground Rules of the Formal Meetings Between the GRP and the NDFP Panels. The proceedings of the RWCs shall be confidential but the Chairpersons of the Negotiating Panels may issue press statements on the progress of the work of the RWCs. The Chairpersons of the RWCs concerned may mutually agree to classify specific documents, records and information confidential.

Section 5. The RWCs shall mutually agree on their schedule of for­mal meetings. There shall be reasonable time for the RWCs to consult their respective Negotiating Panels before any formal meeting.

ARTICLE V
GENERAL PROVISIONS

Section 1. This Joint Agreement shall take effect upon the signing hereof by the Chairpersons of the two Negotiating Panels. .

Section 2. The two Negotiating Panels may from time to time mu­tually agree to amend, modify or supplement this Joint Agreement as the circumstances may require.

IN WITNESS WHEREOF, we have hereunder signed this Joint agree­ment this 26th day of June 1995 at Brussels, Belgium.

FOR THE

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES NEGOTIATING PANEL:

 

HOWARD Q. DEE, Chairman
GRP Negotiating Panel

Members, GRP
Negotiating Panel:

Jose V. Yap

Silvestre H. Bello III

Feliciano V. Cariño

Zenaida H. Pawid

FOR THE

THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES NEGOTIATING PANEL:

 

LUIS G. JALANDONI, Chairman
NDFP Negotiating Panel

Members NDFP
Negotiating Panel:

Fidel V. Agcaoili

Coni K. Ledesma

Asterio B. Palima

Jojo Magdiwang

WITNESSES
Jesus G. Dureza                         Jose Ma. C. Sison
Teresita L. De Castro       Romeo T. Capulong

 

AGREEMENT ON THE GROUND RULES OF THE FORMAL MEETINGS BETWEEN THE GRP AND NDFP PANELS

This Agreement is entered into by and between:

The Negotiating Panel of the Government of the Republic of the Phil­ippines, hereinafter referred to as the GRP Panel, represented herein by its Chairperson, Howard Q. Dee;

and

The Negotiating Panel of the National Democratic Front of the Philip­pines, hereinafter referred to as the NDFP Panel, represented herein by its Chairperson, Luis G. Jalandoni.

Pursuant to due authority, the two Panels hereby agree:

ARTICLE I
GOVERNING PRINCIPLES

Section 1. In their deliberations during the formal talks and in the in­terpretation of this Agreement, the GRP and NDFP Negotiating Panels shall at all times conform to the letter and spirit of The Hague Joint Declaration of 1 September 1992, the pertinent provisions of the Breukelen Joint Statement of 14 June 1994, the Joint Agreement between the GRP and the NDFP on Safety and Immunity Guarantees of 24 February 1995.

ARTICLE II
CONDUCT OF PANEL NEGOTIATIONS

Section 1. Venue and Schedule of Meetings. The GRP and the NDFP Panels shall hold their formal peace negotiations in the venue previously agreed upon under Section 6, Article III of the Joint Agreement on Safety and Immunity Guarantees. The two Panels shall mutually agree on the sched­ule of meetings. There shall be reasonable time for both Panels to consult their principals before any meeting.

Section 2. Subject Matter of the Meetings. The specific agenda for a meeting shall be agreed upon by the Panels. The Panels shall exchange de­tailed proposals and/or working papers on the issues for discussion within a reasonable period of time before the meeting in which such issues shall be discussed.

Section 3. Quorum. A majority of the composition of each Panel is re­quired to be present at every meeting in order to constitute a quorum.

Section 4. Presence of Persons Other than Panel Members. The two Panel Chairpersons shall agree on the number of Advisers, Legal Counsels, Con­sultants, Secretariat staff, and security personnel, who may be present in the meeting room and in the vicinity.

Section 5. Presiding Officers. The two Panel Chairpersons shall act as co‑presiding officers for the meetings of the two Panels.

Section 6. Procedures of Formal Meetings.
a. The two Panel Chairpersons shall agree on the allocation of time for each agenda item.
b. Each Panel shall have equal time and opportunity to present its side in meetings.
c. Each Panel shall be given the opportunity to present fully, orally and/or in writing, its position, to propound questions, and to respond to the other Panel regarding any agreed agenda item.
d. When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further delibera­tion. Thereafter, the two Panels may proceed to the next agenda item.

Section 7. Format of Meetings.

a. The Chairperson of each Panel shall speak on behalf of the Panel, but may designate Panel members, Advisers, Legal Counsels and Consultants to speak, when appropriate.
b. When it is the turn of one Panel to speak within its allotted time, the other Panel Chairperson or Panel members permitted by him/her may in­terpellate or respond immediately to any point, with the permission of the Chairperson of that Panel.
c. Each Panel may propose a draft on any agreed upon agenda item, which draft may become the basis for discussion and agreement.

ARTICLE III
DOCUMENTATION

Section 1. Use of Audio Documentation. Audiotaping of sessions shall be allowed, unless otherwise mutually agreed upon.

Section 2. Minutes. Each Panel shall be entitled to two documentors who shall take the minutes for their respective Panels. However, the two Panels may mutually adopt a common recording and documentation system and agree on an official record of the deliberations and minutes of the meetings. Limitations on access to or release of such records and minutes shall be mutually agreed upon by the Chairpersons of the two Panels.

ARTICLE IV
RESOURCE PERSONS

Section 1. Each Panel may avail itself of experts as Consultants, who may or may not belong to its side, to assist the Panel.

ARTICLE V
MEDIA COVERAGE

Section 1. Media coverage or the absence of it at any meeting shall be mutually agreed upon by the two Panel Chairpersons.

Section 2. The holding of joint press conferences or the issuance of joint press statements may, from time to time, be mutually agreed upon by the two Panel Chairpersons, taking into account the progress of the peace nego­tiations.

Section 3. It is the inherent right of either Panel to hold separate press conferences or interviews, and issue press statements as it may deem neces­sary or appropriate, taking into account the basic tenets of truth and fair­ness and the need to safeguard the on‑going negotiations from being jeop­ardized. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues under negotiations.

ARTICLE VI
GENERAL PROVISIONS

Section 1. Applicability. The provisions of this Agreement shall apply to the formal meetings of the two negotiating Panels. All other meetings of the Panels related to the peace process shall be considered as part of the con­sultation process.
Section 2. Amendments. The two Panels may from time to time mutu­ally agree to amend, modify or supplement this Agreement as the circum­stances may require.
Section 3. Effectivity. This Agreement shall take effect upon‑the signing hereof by the Chairpersons of the two negotiating Panels.

IN WITNESS WHEREOF, we have hereunder signed this Agreement this 26th Day of February 1995 at the town of Nieuwegein, The Netherlands.

FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES NEGOTIATING PANEL:

Howard Q. Dee,
Chairperson, GRP Panel

 

FOR THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES NEGOTIATING PANEL:

 

Luis G. Jalandoni,
Chairperson, NDFP Panel

(The Breukelen) Joint Statement of the Government of the Republic of the Philippines (GRP) Panel for Peace Talks with the CPP/NPA/NDF and the National Democratic Front (NDF) Delegation

June 14,1994

The GRP Panel headed by Chairman Howard Q. Dee and the NDF Delegation headed by Vice Chairperson for International Affairs Luis Jalandoni held talks from 10 to 14 June 1994 in Breukelen, The Netherlands. These talks were held to advance the peace negotiations pursuant to the Joint Declaration of the GRP and the NDF signed on September 1, 1992 in The Hague, The Netherlands (henceforth, The Hague Declaration).

Other participants in the GRP delegation were Representative Jose V. Yap and Atty. Silvestre Bello III, Panel Members; Representative Jesus Dureza, Panel Adviser; State Counsel Teresita L. de Castro, GRP Legal Consultant; and Executive Director Maria Lorenza Dalupan of the GRP Panel Secretariat.

Other participants in the NDF Delegation were Asterio Palima, NDF Representative to the Nordic countries; Coni Ledesma, Executive Director, NDF International Office; and Ruth de Leon, Members of the Delegation. Others present during the talks were Prof. Jose Maria Sison and Fidel Agcaoili as NDF Consultants.

Atty. Romeo Capulong of the Philippine Peace Center also participated as Legal Consultant.

The GRP and the NDF reaffirmed their adherence to The Hague Declaration.

The discussions were frank and candid. These allowed for clarification of issues and perspectives on both sides. Areas of agreement and disagreement were also defined, which include among others the following:

I.  CONFIDENCE BUILDING AND GOODWILL MEASURES

These are measures voluntarily undertaken by either side, not as pre­conditions to the holding or conduct of peace negotiations, but as means to improve the climate therefor.

  1. The NDF asserts that the rights of political prisoners be respected. The NDF further asserts that political prisoners should not be treated, charged, prosecuted or convicted as common criminals. Finally, the NDF asserts that the GRP should stop its policy and practice of treating and pros­ecuting political prisoners as common criminals.

In response, the GRP Panel denies that there are political prisoners. Further, the GRP Panel reiterates GRP’s policy that offenders who may have committed crimes in pursuit of political ends are to be charged with said “political” crimes as may be warranted by the evidence.

  1. The GRP Panel shall transmit to its principal the NDF proposal for the expeditious release of offenders who are found to have committed crimes in pursuit of political objectives, including those charged and/or convicted of common crimes committed in the pursuit of political objectives. The NDF shall furnish a nonbinding list of said prisoners/detainees, irrespective of their political affiliations.
  1. The GRP Panel acknowledges receipt of the NDF letter dated 10 June 1994 containing the findings of the NDF on the 30 missing military and po­lice personnel of the GRP and intends to respond to said letter appropriately.
  1. The NDF favorably endorses the claims for indemnification of the victims of human rights violations during the Marcos dictatorship for at least 30 percent of the money to be recovered from the Swiss bank deposits of the Marcoses.

The GRP Panel shall report this to its principal.

  1. The NDF asserts its integrity and shall consider it a violation of The Hague Declaration if the GRP Panel enters into talks with any person or en­tity pretending to represent the NDF or any of its organizations.

The GRP asserts its prerogative to adopt its own policy in this matter and in so doing, does not consider it a violation of The Hague Declaration.

II.  ISSUES DISCUSSED

  1. The NDF asserts its vigorous objection to the adoption of Proclama­tion Nos. 347, 348 as amended by Proclamation No. 377, on the ground that these proclamations violate the letter and spirit of The Hague Declaration, more particularly, paragraph 4 and paragraph 5b which mandate that the subject matter covered by the proclamations properly belongs to the sub­stantive agenda of the bilateral negotiations. Furthermore, such amnesty pro­gram, adopted while peace negotiations are being conducted impinges upon the organizational integrity of the NDF.

The GRP Panel reasserts its firm position that the issuance of the afore­said amnesty proclamations, without prejudice to any other amnesty that may result from peace negotiations, does not violate the letter and spirit of The Hague Declaration, including paragraph 4 and 5b thereof. The GRP takes the position that the said proclamations respond to expressed desires of former rebels for amnesty so that they may live normal lives in peace, and the need to strike an equitable balance through amnesty for agents of the state to promote a climate of national reconciliation.

  1. The NDF asserts its objections to Executive Order No. 125 on the ground that it seeks to impose upon the peace negotiations the GRP Consti­tution as the framework for the peace talks and is in violation of The Hague Declaration.

The GRP reaffirms its position that its commitment to constitutional processes and the rule of law as enunciated in Executive Order No. 125 does not violate The Hague Declaration, nor does it mean that it will cite the Con­stitution as a basis for rejecting what otherwise would be just and valid pro­posals for reforms in society. If it is shown in fact that certain provi­sions of the GRP Constitution hinder the attainment of genuine reforms, the GRP Panel is willing to recommend to GRP authorities amendments thereto. In this context, it is clear that GRP’s adherence to constitutional processes does not constitute the imposition of the GRP Constitution as framework for the peace talks.

  1. Both sides recognize the need for further discussion on the provi­sions of The Hague Declaration that will lead to agreements in order to real­ize the objectives of The Hague Declaration.

III. AGREEMENT REGARDING THE NEXT ROUND OF TALKS

  1. The GRP Panel and the NDF Delegation shall hold the next round of talks to discuss and agree upon the sequence and operationalization of reciprocal working committees leading towards the formal talks.
  1. The GRP Panel and the NDF Delegation hereby agree to adopt safety and immunity guarantees for personnel who will participate in the peace negotiations as negotiators, staffers, consultants and security personnel, and the ground rules for future talks. Details shall be discussed and agreed upon by both parties in due time.

10.1 The next round of talks shall be held in the Benelux within the third quarter of 1994.
10.2 The agenda of the second round of exploratory talks shall include the following:

a. Opening Statements
b. Review of goodwill or confidence‑building measures
c. Review and discussion of issues
d. Safety and immunity guarantees
e. Ground rules for formal peace negotiations
f. Agreement on specifics of the four major points of the substantive agenda
g. Agenda of the first formal peace negotiations

1) Exchange of credentials
2) Sequence in the formation of the reciprocal working committees
3) Formation of the GRP Panel and NDF Panel reciprocal working committees that shall be agreed upon
4) Sequence of discussions of the items under each major heading.

h. Date and venue of the opening of the formal peace negotiations.

Government of the Republic of the Philippines

Howard Q. Dee
Chairman, GRP Panel
for Peace Talks
with the CPP/NPA/NDF

Rep. Jose V. Yap
House of Representatives
Member, GRP Panel

Silvestre H. Bello III
Member, GRP Panel

Rep. Jesus G. Dureza
House of Representatives
Advisor to the GRP Panel

Teresita L. de Castro
State Counsel
GRP Legal Consultant

Maria Lorenza G. Dalupan
Executive Director
GRP Panel Secretariat

 

National Democratic Front of the Philippines

 Luis Jalandoni
NDF Vice Chairperson for
International Affairs
& Head of NDF Delegation

Asterio Palima
Member, NDF Delegation

Coni Ledesma
Member, NDF Delegation

Ruth de Leon
Member, NDF Delegation

Fidel Agcaoili
NDF Consultant

Atty. Romeo T. Capulong
Legal Consultant

Jose Maria Sison
NDF Consultant

(The Hague) Joint Declaration

September 1, 1992

We, the undersigned emissary of the Government of the Republic of the Philippines (GRP) and the undersigned representative of the National Democratic Front (NDF) have held exploratory talks at The Hague, The Netherlands on August 31 ‑ September 1, 1992 and have agreed to recommend to our respective principals the following:

  1. Formal peace negotiations between the GRP and the NDF shall be held to resolve the armed conflict.
  2. The common goal of the aforesaid negotiations shall be the attainment of a just and lasting peace.
  3. Such negotiations shall take place after the parties have reached tentative agreements on substantive issues in the agreed agenda through the reciprocal working committees to be separately organized by the GRP and the NDF.
  4. The holding of peace negotiations must be in accordance with mutually acceptable principles, including national sovereignty, democracy and social justice and no precondition shall be made to negate the inherent character and purpose of the peace negotiations.
  5. Preparatory to the formal peace negotiations, we have agreed to recommend the following:

a)  Specific measures of goodwill and confidence‑building to create a favorable climate for peace negotiations; and

b)  The substantive agenda of the formal peace negotiations shall include human rights and international humanitarian law, socio‑economic reforms, political and constitutional reforms, end of hostilities and disposition of forces.

Signed on September 1, 1992 in The Hague, The Netherlands.

 

For the

For the

GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES

Rep. JOSE V. YAP
Emissary

NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES

LUIS JALANDONI
Representative

WITNESSES
Rep. Eric D. Singson                                                                                     Coni Ledesma
Teresita de Castro                                                                                          Byron Bocar
    Jose Maria Sison

 

 

Oslo Joint Statement of 21 February 2011

altWe, the Negotiating Panels of the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP) successfully resumed the formal peace negotiations from 15 to 21 February 2011 in Oslo, Norway facilitated by the Royal Norwegian Government (RNG).

The formal meetings were opened with an introductory statement by Ambassador Ture Lundh, as head of the Third Party Facilitating Team, and a welcome statement by State Secretary Espen Barth Eide of the Royal Norwegian Government followed by the opening statements by Secretary Teresita Quintos-Deles, the GPH Presidential Adviser on the Peace Process, and the NDFP Panel Chairperson Luis G. Jalandoni.

The Minister of Foreign Affairs of the RNG, Jonas Gahr Store, met with the two Panels separately at the conference venue and expressed the support of his government for the GPH-NDFP peace negotiations.

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