Additional Implementing Rules Pertaining to the Documents of Identification

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Additional Implementing Rules Pertaining to the Documents of Identification
Date: 26 Jun 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Philippines-NDF process
Parties: For the Government of the Republic of the Philippines Negotiating Panel:
Howard Q. Dee, Chairperson

For the National Democratic Front of the Philippines Negotiating Panel:
Luis G. Jalandoni, Chairperson
Third parties: -
Description: Following the Joint Agreement on Safety and Immunity Guarantees (JASIG), the GRP and the NDFP adopt additional implementing rules of the JASIG exclusively pertaining to the documents of identification. The Agreement describes the agreed document of identification (recognised by the parties as safe passes) and the duly accredited persons allegeable for passes.

Agreement document: PH_960626_Additional Implementing Rules Pertaining to the Documents of Identification.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 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 1, 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.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Peacemaker

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 1, 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 priority 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.

(Seal) Chairperson

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 clone 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 1, 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 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. These 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 provision 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.

In witness whereof we have hereunder signed these additional implementing rules on this ______ day of ______________ 1996 at _______________

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

(Signed)

HOWARD Q. DEE

Chairperson

FOR THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES NEGOTIATING PANEL:

(Signed)

LUIS G. JALANDONI

Chairperson