ANNEX “B” to The Second Oslo Joint Statement

Text of proposed amendment to the Custodianship Agreement between the Republic of the Philippines and Philippine National Bank executed on January 30, 2004

WHEREAS, under the Oslo Joint Statement of February 14, 2004, the GRP undertakes to preserve at least PhP 8 billion (approximately USD 150 million) plus interest and earnings from the USD 684 million forfeited Marcos ill-gotten wealth to be deposited in the form of US dollars, and to retain in an interest-bearing escrow account with the PNB the said amount solely for the purpose of indemnifying victims of human rights violations during Martial Law following the precedent in the contingency legal expenses and lawyers fees incurred by PCGG,

WHEREAS, from this amount, the GRP shall indemnify martial law victims of human rights violations, giving priority to the successful plaintiffs in the Human Rights Litigation against Marcos who shall be indemnified without further delay and in the most expeditious manner,

The Custodianship Agreement between the Republic of the Philippines and the Philippine National Bank executed on January 30, 2004 is hereby amended as follows:

The amount of PhP 8 billion (approximately USD 150 million) in the form of US dollars is hereby segregated from the assets covered by the Custodianship Agreement between the Republic of the Philippines and the Philippine National Bank executed on January 30, 2004.

The said amount shall instead be deposited in a separate interest-bearing escrow account with the Philippine National Bank and retained solely for the purpose of indemnifying victims of human rights violations during Martial Law.

The segregation of the amount aforementioned is without prejudice to additional amounts being segregated from the assets covered by the said Custodianship Agreement to augment the aforementioned segregated amount for the same purpose.

ANNEX “A” to The Second Oslo Joint Statement

LIST OF PRISONERS AND DETAINEES:

A. With PGMA Approval For Release In 2001
1. Madera, Pedro Jr.
2. Velasco, Joven
3. Gaytano, Francisco
4. Solangon, Ricardo
5. Alcantara, Alison
6. Banga, Nito
7. Canedo, Rodulfo
8. Seriosa, Sofronio
9. Badion, Basilides

B. Women And Minors
10. Barcenal, Maribel
11. Plagtiosa, Irene
12. Montecalvo, Janeth
13. Lagado (Metran), Lucena
14. Catipay, Daisy
15. Llesis, Zenaida
16.Pegoria, Antonieta

C. Minors
17. Punzilan, Leon
18. Omar, Galo
19. Jammang, Palili
20. Taufic, Moner
21. Bimbas, Abubakar
22. Alay-Ay, Mark Anthony
23. Hubhilla, Alvin
24. Escobar, Michael
25. Tahil, Telesforo
26. Dinaguit, Jonnes

D. Sick And Elderly
27. Dolo, Leonardo
28. Violin, Antonio
29. Hj Amad Upao
30. Dit-ag, Bensoy
31. Yodico, Alfredo
32. Cherreguine, Antonio

Note:
GRP will work for the release of the above prisoners and detainees within 30 days starting 5 April 2004.

Operational Guidelines for the Joint Monitoring Committee

I. PURPOSE OF THE GUIDELINES

These guidelines shall provide the manner by which to operationalize the Joint Monitoring Committee (JMC) and monitor the implementation of and achieve the purposes of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAR-HR/IHL).

 

II. NATURE OF THE JOINT MONITORING COMMITTEE

The JMC is an interim body tasked to perform its duties defined under Part V of the CAR-HR/IHL. These operational guidelines shall guide the JMC in the performance of its tasks pending the resolution of outstanding issues that will be discussed in the course of negotiations on other substantive agenda of the peace negotiations.

 

III. DEFINITION OF TERMS

3.1 Investigation. The investigation envisioned in article 3, Part V, shall solely mean data-gathering and fact-finding activities such as on-site-visitations, ocular inspections, interviews and similar activities for the sole purpose of determining the facts in an impartial and objective manner.

3.2 Consensus. This shall mean the express consent or approval of all members from both parties in the Committee.

3.3 Party or Parties. This shall refer to the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) represented herein by their respective Negotiating Panels.

 

IV. ORGANIZATIONAL STRUCTURE AND OPERATIONAL ARRANGEMENTS

4.1 Composition. The Committee shall be composed of three (3) members chosen by the GRP and three (3) members chosen by the NDFP, through their respective Chairpersons. In addition, each Party shall also nominate two (2) representatives of human rights organizations who will sit in the Committee as Observers. The Committee shall have Co-Chairpersons representing the Parties as their respective Chief Representatives who shall act as Moderators of its meetings. Changes in the Party's representatives and Observers in the Committee may be made by the Nominating Party provided these are formally communicated in advance to its counterpart for information.

4.2 Qualification and Role of the Observers. The Observers shall be chosen on the basis of their proven experience, probity, independence, and commitment to human rights and international humanitarian law. They may attend meetings and participate in the discussions and deliberations of the Committee without the right to vote.

4.3 Secretariat. The Committee shall have a joint Secretariat that shall be jointly organized by the Parties to provide technical and administrative support. In view thereof, each panel shall nominate an equal number of members initially not exceeding five (5) to the Secretariat who shall serve at the pleasure of the Nominating Party. The organizational structure of the Secretariat shall also be jointly agreed by the Parties.

4.4 Secretariat's Office. The Committee shall agree on the site of the Office of the Joint Secretariat, including the arrangements for its maintenance and operations.

4.5 Conduct and Venue of Meetings. The Committee shall hold a regular meeting at least once every three months or hold special meetings as often as deemed necessary by its Co-Chairpersons. The venue for such meetings shall be in the Philippines or in any other venue as may be agreed upon by the Co-Chairpersons. Either of the Committee Co-Chairpersons may propose the holding of a special meeting provided that the specific agenda for the said special meeting are approved by his/her counterpart. The venue of the meeting shall likewise have the prior approval of the Co-Chairpersons.

4.6 Safety and Immunity Guarantees. Committee Members, Observers and members of the Secretariat shall be entitled to the safety and immunity guarantees stipulated in the Joint Agreement on Safety and Immunity Guarantees (JASIG) dated February 24, 1995. In this regard, the Panels shall adopt the specific guidelines and procedures for granting such guarantees as stipulated in the JASIG and the Additional Implementing Rules Pertaining to the Documents of Identification dated June 26, 1996.

4.7 Guidelines on Release of Information. The Chairpersons shall adopt appropriate guidelines as to which information or documents of the Committee may be released to the public or third parties.

 

V. MANDATE OF THE COMMITTEE

The Committee shall be the principal mechanism to monitor the implementation of the CAR-HR/IHL and as such shall undertake the following functions:

5.1 Receive complaints on violations of human rights and international humanitarian law of the CAR-HR/IHL allegedly committed by either of the Parties, including complaints on the non-implementation of any provisions thereof;

5.2 Decide by consensus, the complaint to be referred by the Committee to the Party concerned for appropriate investigation. After said investigation, the Party concerned shall make a report to the Committee which shall, after deliberation and determination which may include the conduct of its own investigation, as defined in Section 3.1 of these guidelines, and by consensus make and submit recommendations to the two Parties through their respective Panels.

 

VI. ACTIVATION OF THE COMMITTEE

6.1 The Committee is deemed constituted, activated and operational upon the formal acknowledgment by the Parties of each other's nominees for membership in the Committee.

6.2 Upon its activation, the Committee shall hold its organizational meeting preferably within a period not exceeding ninety (90) days, organize the Joint Secretariat, and agree on its Work Program for a period to be determined by the Committee.

 

VII. COMMITTEE EXISTENCE

The Committee shall continue to exist until dissolved by either Party by sending to the other Party a written notice of dissolution which shall take effect thirty (30) days from receipt thereof. The dissolution of the Committee, however, shall not mean the abandonment of rights and duties by any Party under the CAR/HR-IHL and under the principles and standards of human rights and international humanitarian law.

VIII. AMENDMENTS TO THE GUIDELINES

The Parties may agree from time to time, to issue additional guidelines or make amendments thereto. These or subsequent guidelines shall not alter, modify, or amend the provisions of the CAR-HR/IHL.

Signed in Oslo, Norway on 14 February 2004.

 

SILVESTRE H. BELLO III
GRP Panel Chairperson
LUIS G. JALANDONI
NDFP Panel Chairperson
   
Witnessed by:

TORE HATTREM
ROYAL NORWEGIAN GOVERNMENT
Third Party Facilitator

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