NDFP 12 Point Program

The NDFP adopted the following 12-point program to bring about “national liberation and democracy [that] seeks to provide a broad basis of unity for all social classes, sectors, groups and individual Filipinos here and abroad desirous of genuine national freedom and democracy, lasting peace and a progressive Philippines.

By City Rebel

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

 

 

NDFP Declaration of Adherence to International Humanitarian Law

15 August 1991

As a party to the 22-year-long civil war in the Philippines, the National Democratic Front of the Philippines (NDF) hereby formally declares its adherence to international humanitarian law, especially Article 3 common to the Geneva Conventions as well as Protocol II additional to said conventions, in the conduct of the armed conflict in the Philippines.

As a national liberation organization and movement committed to uphold the interests of the Filipino people against foreign domination (especially that of the United States) and local oppression, the NDF has always adhered to the principle of according full respect for innocent human life in the conduct of its struggle against the ruling elite in the Philippines and its foreign backers.

From the time of the peace talks with the Government of the Republic of the Philippines (GRP) in 1986-1987, the NDF has reinforced this commitment by publicly declaring on various occasions its voluntary adherence to Protocol II of the Geneva Conventions and to international humanitarian law in general. It has also taken concrete steps to ensure its observance by its forces operating in 63 provinces (out of a total 75) throughout the country.

In the current peace process in the Philippines, the NDF has proposed to the GRP the conclusion of an agreement on human rights and international humanitarian law as an objective even before talks and agreement on the other substantive issues take place. The aim of such an agreement would be to ensure the mutual observance of international humanitarian law by the parties which would thereby serve to reduce the human and material costs of the conflict.

Through this formal declaration, the NDF affirms to the Filipino people and the international community its commitment to humanize the conflict as part of its firm pursuit of a just, enduring and liberating peace in the Philippines.

15 August 1991.

For the NDFP National Council:

MANUEL ROMERO
Chairman
NDFP National Council

NDFP Declaration of Undertaking to Apply the Geneva Conventions of 1949 and Protocol I of 1977

5 July 1996 

In accordance with Article 96, paragraph 3 of Protocol I, we, the National Democratic Front of the Philippines, hereby address ourselves to the Federal Council of the Swiss Government as official depositary of the Geneva Conventions of 1949 and the 1977 Protocol I additional thereto.

The New Peoples Army We are the political authority representing the Filipino people and organized political forces that are waging an armed revolutionary struggle for national liberation and democracy, in the exercise of the right of self-determination within the purview of Article 1, paragraph 4, of Protocol I against the persistent factors and elements of colonial domination and against national oppression, including chauvinism and racism, victimizing the entire Filipino nation and particular minorities in the Philippines.

Our revolutionary armed struggle is the continuation of the Philippine Revolution of 1896 against Spanish colonialism and subsequently against US imperialism. We are waging a people's war for national liberation and democracy against the semicolonial and semifeudal ruling system. The Government of the Republic of the Philippines (GRP), our current adversary in the armed conflict, continues to suppress the sovereign will of the Filipino people in order to perpetuate the interests of the foreign and domestic oppressors and exploiters, despite the US grant of nominal independence to the Philippines on July 4, 1946.

The persistent foreign domination and national oppression are carried out through the GRP as a puppet government in the service of the United States government, which controls and uses it by means of US strategic planning, command, personnel (including military advisors, trainors, intelligence and psychological warfare personnel and basic personnel for rapid deployment forces), supplies, extraterritorial access to the entire Philippines and other forms of US military intervention and extraterritorial privileges and by means of unequal treaties and agreements perpetuating in essence the factors of US colonial domination over the Philippine economy, politics, security and culture.

Since the beginning of the civil war, the GRP has in one essential respect maintained the character of the armed conflict as an internationalized internal conflict through subservience to US domination and GRP dependence on US military and other forms of intervention and assistance in the armed conflict. The civil war between the GRP and the NDFP involves the struggle for self-determination and the people's war for national liberation and comes within the purview of Article I, paragraph 4 of Protocol I and within the international customary law pertaining to armed conflicts.

The abovementioned revolutionary forces of the Filipino people are the following:

  1. All the fourteen allied revolutionary organizations in the NDFP, which include those of workers, peasants, youth, women, national minorities, teachers, health workers, church people, scientists and technologists and artists and writers and which are the consolidation of the revolutionary mass base running into millions of people in rural and urban areas.
  2. The organs of political power constituted under the Guide for Establishing the People's Democratic Government as the basic law and established in a significant portion of territory in the Philippines, including scores of guerrilla fronts.
  3. The Communist Party of the Philippines (CPP) as the ruling party in said organs of political power and the leading party in the National Democratic Front of the Philippines (NDFP) as the united front of democratic forces, and
  4. The New People's Army (NPA), which consists of thousands of full-time troops and is augmented by tens of thousands of men and women in the people's militia and self-defense units, is under an effective and responsible command as main armed force of the aforesaid organs of political power, the CPP and the NDFP and exercises such control over a significant portion of territory in the Philippines as to be able to carry out sustained and concerted military operations and to implement the Geneva Conventions of 1949 and the Protocols of 1977 additional thereto.

For your further information on the abovementioned forces, we attach hereto the following:

All the abovementioned revolutionary forces have been engaged in a civil war for a protracted period of time since March 29, 1969 against the Government of the Republic of the Philippines (GRP), a High Contracting Party to the Geneva Conventions and Protocol II. The great intensity of the civil war has been made manifest by the GRP's brutal use of the regular forces of the Armed Forces of the Philippines (AFP), the imposition of martial rule on the people from 1972 to 1986, the great magnitude of US military involvement in the form of military funds, materiel and personnel, and the continuing brutal campaigns of suppression under a policy of total war against the aforesaid revolutionary people and forces.

The International Committee of the Red Cross, the Amnesty International, the International Commission of Jurists and other respected international human rights organizations have extensively documented since the 1970s the gross human rights violations perpetrated by the military, police and paramilitary forces of the GRP and involving the forced displacement of millions of people, ethnocide against minorities, indiscriminate bombardments and strafing, massacres, assassinations, summary executions, torture, illegal detention of tens of thousands of people and wanton destruction of property and the people's livelihood. In the human rights class suit against the Marcos estate in the US Federal District Court in Hawaii, there is the documentation of at least 10,000 victims of torture, murder and involuntary disappearance.

The consistent pattern of gross and systematic violation of the Filipino people's civil, political, economic, social and cultural human rights is tantamount to a denial of their sovereign right to freely determine and realize their just aspirations. On behalf of the United States as neocolonial power and the local exploiting classes of big compradors and landlords, the GRP has used all forms of deception and violence in order to suppress the people and the forces that aspire for national liberation and democracy.

In the course of the civil war, the enemy has inflicted tens of thousands of casualties, both killed and wounded, on the civilian population and a few thousands on the troops of the NPA. In revolutionary resistance, the revolutionary people and forces herein represented by the NDFP have inflicted tens of thousands of casualties on the enemy side since 1969. The dimensions of the war are great enough to include currently more than sixty (60) battle fronts in the length and breadth of the Philippines.

The people and forces represented by the NDFP have withstood the brutal military campaigns of suppression carried out by the enemy and have gained strength in the process. They have gained the status of belligerency by virtue of their just revolutionary armed struggle and hard work in building the organs of political power.

The aforesaid people and forces have established and developed a political organization that has sufficient governmental character. This political organization has sufficient control over a substantial area, population and resources in the Philippine archipelago. If said political organization were left to itself, it has the capability of reasonable and effectively discharging the duties of a state. In fact, it has established organs of political power which comprise the people's democratic government and which administers the people's civil, political, social, economic and cultural life in significant portions of fourteen (14) regions, more than 500 municipalities and more than 60 provinces of the Philippines.

It has deployed the New People's Army in accordance with the civilized rules of warfare and has informed and trained it accordingly. Even before this declaration, it has complied with the rules of war under international law. It has consciously followed international humanitarian law, like Common Article 3 of the Geneva Conventions and Protocol II. It has declared accession to Protocol II since 15 August 1991 (cf.: Annex D) and is now resolved to assume in good faith rights and responsibilities under the Geneva Conventions and Protocol I. The instruments of international humanitarian law must apply on the armed conflict between the GRP and the NDFP for the protection of the civilian population and combatants hors de combat because the NDFP has proven itself as a belligerent force and does not accept as applicable the GRP constitution and laws inasmuch as the GRP does not accept as applicable to itself the constitution and laws of the revolutionary movement.

In their ongoing peace negotiations, the GRP and the NDFP have acknowledged by mutual agreement since 25 June 1996 that the prolonged armed conflict in the Philippines necessitates the application of the principles of human rights and principles of international humanitarian law. Said negotiations formally started on 26 June 1995 in Brussels, Belgium with the Royal Government of Belgium as official host and resumed on 19 June 1996 in The Hague, Netherlands, with the Royal Government of the Netherlands as official host. (cf.: Annex E, consisting of the five joint agreements of the GRP and NDFP that have led to their ongoing formal peace negotiations.)

Being a party to the armed conflict, civil war or war of national liberation and authorized by the revolutionary people and forces to represent them in diplomatic and other international relations and in the ongoing peace negotiations with the GRP, we the National Democratic Front of the Philippines hereby solemnly declare in good faith to undertake to apply the Geneva Conventions and Protocol I to the armed conflict in accordance with Article 96, paragraph 3 in relation to Article 1, paragraph 4 of Protocol I.

The NDFP is rightfully and dutifully cognizant that this declaration, upon receipt by the Federal Council of the Swiss Government, shall have in relation to the armed conflict with the GRP the following effects:

  1. the Geneva Conventions and Protocol I are brought into force for the NDFP as a Party to the conflict with immediate effect;
  2. the NDFP assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Geneva Conventions and Protocol I; and
  3. the Geneva Conventions and this Protocol are equally binding upon all Parties to the conflict.

By virtue of this unilateral declaration of the NDFP, duly deposited with the Swiss Federal Council, the GRP is bound as before by the Geneva Conventions and henceforth by Protocol I in accordance with Article 96, paragraph 3(c) of Protocol I.

With the NDFP invoking and exercising the people's right of self-determination, both the GRP and the NDFP are likewise bound by international customary law pertaining to humanitarian principles, norms and rules in armed conflicts.

The NDFP undertakes to respect the provisions of the four Geneva Conventions of 1949 and Protocol I of 1977, regarding the conduct of hostilities and the protection of the civilian population and the combatants hors de combat in the armed conflict with the GRP and to regard its obligations under the aforesaid instruments of international humanitarian law as having the force of law among its forces and in the areas under its control.

The NDFP and the forces it herein represents accept the principle of command responsibility for the system of discipline to ensure respect for the rules of international humanitarian law and punish those who break them.

The NDFP regards as legitimate targets of military attack the units, personnel and facilities belonging to the following:

   1. The Armed Forces of the Philippines

   2. The Philippine National Police

   3. The paramilitary forces; and

   4. The intelligence personnel of the foregoing.

Civil servants of the GRP are not subject to military attack, unless in specific cases they belong to any of the four abovestated categories.

The NDFP will treat any captured personnel of the military, police and paramilitary forces of the GRP as prisoners of war and demands that the GRP likewise treat as prisoners of war any captured personnel of the NPA and other forces represented herein by the NDFP.

The NDFP forthwith disseminates this declaration and the rules of the Geneva Conventions and Protocol I to its forces and asks for the assistance of the ICRC with regards to suitable materials. The NDFP will welcome any offer of services from the ICRC.

The NDFP calls upon High Contracting Parties to the Geneva Conventions and Protocol I to ensure that the GRP and the NDFP respect their obligations.

The NDFP hereby requests the Federal Council of the Swiss Government to circulate copies of this declaration to all parties to the Geneva Conventions and the Protocols additional thereto and to all organizations interested in the respect of human rights and international humanitarian law.

Any entity interested in taking up any matter pertinent to the aforesaid effects may communicate with the NDFP International Office at Amsterdamsestraatweg 50, 3513 AG Utrecht, The Netherlands or Postbus 19195, 3501 DD Utrecht, The Netherlands and other offices as may be designated by the NDFP in the Philippines and abroad.

This declaration is forthwith transmitted to the Federal Council of the Swiss Government as official depositary of the Geneva Conventions and the Protocols additional thereto and likewise to the International Committee of the Red Cross as official guardian thereof.

Done on 05 July in the year 1996.

 

For the National Democratic Front of the Philippines:

Mariano Orosa
Chairman
NDFP National Council

Elias Dipasupil
General Secretary
NDFP National Council

Luis G Jalandoni
NDFP International Representative

Fidel V. Agcaoili
Committee on Human Rights and International Humanitarian Law

 

For the Communist Party of the Philippines, New People's Army and Organs of Political Power:

Armando Liwanag
Chairman CPP Central Committee
Chairman CPP Military Commission