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

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees
Date: 18 Mar 1997
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: In witness whereof, we have hereunder signed this Supplemental Agreement..:

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

Ms. Zenaida H. Pawid, Member

For the National Democratic Front of the Philippines Negotiating Panel:

Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel

Fidel V. Agcadili, Member

Coni K. Ledesma, Member

Asterio B. Palima, Member

Jojo Magdiwang, Member
Third parties: 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

Sotero Llamas, Political Consultant, NDFP Negotiating Panel

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

Danilo Borjal, Consultant, NDFP Negotiating Panel
Description: This Supplemental Agreement to the Joint Agreement 'form, sequence and operationalize the Reciprocal Working Committees (RWC) on Human Rights and International Humanitarian Law (HR & IHL) and Social and Economic Reforms (SER) and give the Negotiating Panels mandate to form their respective RWCs on Political and Constitutional reforms. The agreement shall take effect upon the signing by the Negotiating Panels and approval by their respective Principals.

Agreement document: PH_970318_Supplemental RWC Agreement.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: Governance→Constitution→Constitutional reform/making
Page 1, ARTICLE II. PROCESS AND TIMETABLE, Section 1. Conduct of Work
[...]
c. 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.

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: Page 1, ARTICLE II. PROCESS AND TIMETABLE, Section 1. Conduct of Work
[...]
a. 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.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, ARTICLE II. PROCESS AND TIMETABLE, Section 1. Conduct of Work
[...]
b. 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.
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 II. PROCESS AND TIMETABLE, Section 1. Conduct of Work
[...]
c. 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.
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: UN Peacemaker [http://peacemaker.un.org/philippines-supplementary-rwc-agreement97]

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 1.

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 comrnon 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:

a. The RWCs on Human Rights and International Humanitarian Law (HR & IHL) shall strive to complete the tentative comprehensive agieement assigned to them within two weeks of continuous work in March 1997.

b. 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.

c. 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.

ln witness whereof, we have hereunder signed this Supplemental Agreement this 1Bh 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

Ms. Zenaida H. Pawid, Member

For the National Democratic Front of the Philippines Negotiating Panel:

Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel

Fidel V. Agcadili, 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

Sotero Llamas, Political Consultant, NDFP Negotiating Panel

Brig.

Gen. Raymundo T. Jarque (ret.),

Consultant NDFP Negotiating Panel

Danilo Borjal, Consultant, NDFP Negotiating Panel