![]()
Forum and Press Conference:
International Legal Advisory Team tackles Philippines armed conflict and peace talks
Utrecht City, Netherlands
14 November 2011
| Photos courtesy of Jon Bustamante | |||||
|
x
Prof. Jose Maria Sison
Obstacles to the peace talks and remedies: |
![]() |
||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
![]() |
![]() |
|||
![]() |
x
Status and obstacles to the resumption of
peace negotiations
Instead of complying with agreements, the (Aquino
government) engages in vicious, deceptive propaganda attacks against the
NDFP, and refuses to seriously tackle issues on social, economic and
political reforms
Since 1969, for 42 years, there has been an
armed conflict in the Philippines, between the armed forces of the
Government of the Republic of the Philippines (GRP) and the revolutionary
forces represented by the National Democratic Front of the Philippines (NDFP).
After the dictator Ferdinand Marcos was
overthrown in 1986, ceasefire talks were held in 1986 in Manila, resulting
in a 60-day ceasefire agreement. Panels of the GRP and NDFP began talks to
set an agenda for substantive peace negotiations. After the massacre of
peasants marching for land reform in January 1987, these talks collapsed.
In 1992, preliminary talks were resumed to lay
the ground for peace negotiations and gave birth to The Hague Joint
Declaration. The formal peace negotiations began in Brussels in 1995.
Since 1992, twelve bilateral agreements have been forged between the GRP
and the NDFP.
The NDFP engages in peace negotiations in
order to address the roots of the armed conflict. Land reform to benefit
the peasantry, who comprise 75% of the population of 94 million; national
industrialization to develop the backward agrarian economy and harness the
rich natural resources; these and other basic reforms are aimed for by the
NDFP in the peace talks.
The Hague Joint Declaration of 1992 stipulates
the substantive agenda of human rights and international humanitarian law,
socio-economic reforms, political and constitutional reforms and end of
hostilities and disposition of forces. It is the framework agreement,
declaring that principles of national sovereignty, democracy and social
justice shall guide the two Parties. Neither Party may impose its
constitution. Capitulation may not be demanded.
In 1995, the Joint Agreement on Safety and
Immunity Guarantees (JASIG) was signed. This is vitally important because
it guarantees safety and immunity to all participants in the peace process
from both Parties. The guarantees include safe and unhindered passage in
all areas in the Philippines and immunity from surveillance, arrest,
detention and other punitive actions.
In 1998, the Comprehensive Agreement on
Respect for Human Rights and International Humanitarian Law (CARHRIHL) was
completed. This is the first of the four substantive agenda. This requires
both Parties to observe the highest standards of HR and IHL, such as those
contained in the Geneva Conventions. A Joint Monitoring Committee is
mandated by the CARHRIHL to monitor the implementation of CARHRIHL.
In 2001 the Royal Norwegian Government came in
as Third Party Facilitator.
Last February 2011, formal peace talks resumed
in Norway after almost seven years of impasse under the Arroyo regime.
Both Parties agreed that all or most of the 17 NDFP Consultants detained
by the GRP/GPH in violation of the JASIG must be released.
GPH refusal to release them has been a major
obstacle to resumption of peace talks because without compliance with
JASIG, the panelists and consultants cannot function. Respect for JASIG is
needed to build confidence.
The next talks aim to take up socio-economic,
political and constitutional reforms.
An offer of the NDFP for alliance and truce,
presented last January, has so far no adequate and concrete response from
GPH President Aquino. The offer is based on a 10-point program expressing
the fundamental aspirations of the Filipino people for land reform,
national industrialization, genuine national independence and democracy.
A very serious obstacle is the GPH's
undermining of basic bilateral agreements. In February, the GPH Panel, for
the first time ever, attacked The Hague Joint Declaration as a document of
perpetual division. It has also declared that the JASIG does not require
compliance. It is only at their whim that they shall release detained NDFP
consultants covered by the JASIG. It refuses to release the 350 political
prisoners in accordance with the clear directive of the CARHRIHL.
Instead of complying with basic agreements,
the GPH engages in continuous, vicious, deceptive and even simplistic
propaganda attacks against the NDFP and avoids or refuses to seriously sit
down and tackle the questions and issues on social, economic and political
reforms. It perpetrates widespread human rights violations and has not
effectively staved off the climate of impunity.
A huge obstacle is the US government. Its
Counter Insurgency Guide of 2009 is followed by the Aquino regime in its
Internal Security Plan, Oplan Bayanihan. This aims to militarily defeat
the New People's Army through the triad concept of combat, intelligence
and civil-military operations. Furthermore, the US stations
interventionist troops in the Philippines. The NDFP is firmly committed to pursue peace negotiations that address the roots of the armed conflict. It is determined to overcome the problems and difficulties with effective remedies. It is resolute in its decision to carry forward the people's struggle for national and social liberation.
|
||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
|||||
![]() |
![]() |
||||
|
x
Legal experts press Philippines' Aquino to comply
with peace agreements (Utrecht, 15 November 2011) A newly-formed group of international legal experts yesterday pressed the Philippines' Benigno Aquino government to comply with past agreements forged with the revolutionary National Democratic Front of the Philippines (NDFP), as the only way forward to peacefully resolve the country's 40-year old armed conflict.
Jan Fermon, professor of law at the University
of Maastricht, explained that the NDFP and the government of the Republic
of the Philippines have already inked 12 important agreements since peace
negotiations resumed in 1992. “International law has always played a role
in these agreements... international laws are useful instruments in
resolving conflicts,” he argued.
The GRP however, according to Fermon, has not
respected its own commitment to abide by the agreements its has signed.
“The only way forward,” he declared, “is to respect and comply with these
agreements.”
A large group of university students, lawyers,
social activists, and Filipino migrants attended the discussion in
Utrecht's historic city center. In the panel were international legal
luminaries Fermon and Jo Dereymaeker of Belgium, Richard Harvey and Ann
Morris of the UK, and Edre U. Olalia of the Philippines. Also in the panel
were Luis G. Jalandoni, Chairperson of the NDFP Negotiating Panel, and
NDFP Chief Political Consultant Prof. Jose Maria Sison.
The International Legal Advisory Team,
currently composed of 13 legal experts from the US, Europe, Latin America,
Africa, South Asia and the Philippines, was formed earlier this year to
advise and assist the NDFP peace panel on the peace negotiations,
international human rights and humanitarian laws.
During the meeting, the Dutch-Philippines
Solidarity Movement presented a petition calling on both parties to resume
the peace talks. Theo Droog, the group's chairperson, asked those present
to sign the petition: “We support serious and sincere discussions of basic
reforms, to lay the ground for peace,”
Jalandoni, asked if there is a possibility of
reaching an end to hostilities with the peace negotiations, explained that
“an end game could be reached following the regular track and sequence of
the negotiations... That is, conclude the remaining items in the agenda on
social and economic reforms, political and constitutional reforms, and the
end of hostilities and the disposition of forces.”
|
![]() |
||||
![]() |
|||||
![]() |
|||||
![]() |
![]() |
||||
![]() |
x
CPP doubts peace agreement to be reached by 2012 due
to Aquino intransingence
Th CPP issued this reaction after GPH chief
negotiator Alexander Padilla said yesterday that the GPH has moved its
target of forging an agreement with the NDFP to the end of next year,
instead of June 2012.
“There remain at least 13 NDFP consultants who
are being detained in military and police camps,” pointed out the CPP.
“How can the GPH expect the NDFP to sit down in peace negotiations when a
significant number of its representatives who are supposed to participate
in the talks are being kept behind bars by the GPH?”
“The release of the JASIG-protected
consultants of the NDF is a matter of palabra de honor on the part of the
GPH,” said the CPP. “This year alone, the GPH has made the committment to
release the NDF consultants in at least three occasions, the last of which
was made last September in a meeting hosted by the representative of the
Norwegian government. Now it is reneging on those commitments.”
“The GPH’s conduct in its peace negotiations
with the NDFP shows that it is not really interested in forging a
political settlement that would resolve the fundamental socio-economic and
political concerns that lie at the root of the armed conflict,” said the
CPP. “It is becoming increasingly clear that Aquino has a very myopic view
of peace negotiations with the NDFP and deems them useful only if they
effect the pacification and surrender of the revolutionary forces.”
“Aquino is demonstrating clearly that he does
not understand what just and lasting peace is,” said the CPP. “His
regime’s policies, which have not deviated from the past
policy-impositions of the IMF and Word Bank show that he is not interested
in addressing poverty and unemployment, in achieving social justice and
empowering the people under a progressive and genuinely democratic
political system.”
|
||||
![]() |
|||||
![]() |
|||||
![]() |
![]() |
![]() |
|||
|
MANINDIGAN TAYO
balakid kay raming balakid
lumong lumo ang manggagawa sa karapatang pantao
gobyerno ni Pnoy dapat ng tumalima |
di iginagalang ang CARHIHL
------------------------------------------------
Kamayan
Manunuod ako sa hindi kalayuan,
|
||||
| News Articles | |||||
|
PRESS RELEASE Legal experts press Philippines' Aquino to comply with peace agreements
In the panel: l-r: Prof. Jose Maria Sison(NDFP Chief Political Consultant), Luis G. Jalandoni (Chairperson-NDFP Negotiating Panel), Richard Harvey and Ann Morris (of the UK), Jan Fermon and Jo Dereymaeker (of Belgium), and Edre U. Olalia (of the Philippines) (photo: MN)
In a public meeting organized by the NDFP Negotiating Panel in Utrecht, the Netherlands, under the auspices of the University of Utrecht's Center for Conflict Studies, members of the newly-formed International Legal Advisory Team tackled issues and questions on the armed conflict and peace negotiations in the Philippines. The legal experts discussed the role of international law in advancing the stalled talks between the NDFP and the Aquino government.
Edre U. Olalia-forum’s moderator
Jan Fermon, professor of law at the University of Maastricht, explained that the NDFP and the government of the Republic of the Philippines have already inked 12 important agreements since peace negotiations resumed in 1992. “International law has always played a role in these agreements... international laws are useful instruments in resolving conflicts,” he argued.
Professor Jan Fermon
Fermon cited the Comprehensive Agreement on Respect for Human Rights and
International Humanitarian Law (CAHRIHL) as one important agreement signed
in 1998, and which bounds both parties in the armed conflict to abide by
human rights conventions and international humanitarian laws.
The International Legal Advisory Team, currently composed of 13 legal
experts from the US, Europe, Latin America, Africa, South Asia and the
Philippines, was formed earlier this year to advise and assist the NDFP
peace panel on the peace negotiations, international human rights and
humanitarian laws.
Theo Droog
Jalandoni, asked if there is a possibility of reaching an end to hostilities with the peace negotiations, explained that “an end game could be reached following the regular track and sequence of the negotiations... That is, conclude the remaining items in the agenda on social and economic reforms, political and constitutional reforms, and the end of hostilities and the disposition of forces.”
Luis G. Jalandoni
He averred, however, that there is a shortcut if the current Philippine government agrees to an NDFP offer of a truce and alliance on the basis of a general declaration of common intent. [NDFP-IIO]
Photos and text from:
|
|||||
|
NEWS ARTICLES
Legal experts press Philippines' Aquino to comply with peace agreements National Democratic Front of the Philippines - International Information Office, NDFP-IIO. The International Information Office of the NDFP.
Remedies to obstacles or problems in the GPH-NDFP Peace Negotiations National Democratic Front of the Philippines - International Information Office, NDFP-IIO. The International Information Office of the NDFP.
CPP doubts peace agreement to be reached by 2012 due to Aquino intransingence - philippinerevolutio The Communist Party of the Philippines (CPP) today said it is becoming “increasingly doubtful” that a peace agreement between the Philippine government (GPH) and the National Democratic Front of the Philippines (NDFP) will be reached by 2012 or any time within Benigno Aquino III’s term.
|
Legal experts to Aquino govt: Comply with peace agreements
By RONALYN
V. OLEA
Tuesday, 15 November 2011 08:00 Press Conference via Skype by members of the NDFP Negotiating Panel and the International Legal Advisory Team (ILAT), held simultaneously at the NDFP International Information Office in Utrecht, The Netherlands and the NDFP Section of the Joint Secretariat, Joint Monitoring Committee in Quezon City, the Philippines, 14 November 2011.
|
||||
| = | |||||
| == | |||||
![]() CLICK HERE TO VIEW THE NDFP WEBSITE |
|||||
|
x
IN SOLIDARITY
WITH THE EGYPTIAN PEOPLE AGAINST THE US-BACKED MILITARY REGIME |
![]() |
||||
![]() |
|||||
![]() |
|||||
![]() |
![]() |
||||
| ** | |||||