Oslo Joint Statement of 21 February 2011

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Oslo Joint Statement of 21 February 2011
Date: 21 Feb 2011
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: SIGNATORIES:
Alexander A. Padilla - Chairperson of the GPH Panel
Pablito V. Sanidad - Member GPH Panel
Ednar G. Dayanghirang - Member GPH Panel
Ma. Lourdes M. Tison - Member GPH Panel
Jurgette Honculada - Member GPH Panel
Luis G. Jalandoni - Panel Chairperson of the NDFP Panel
Fidel V. Agcaoili - Member NDFP Panel
Julieta de Lima-Sison - Member NDFP Panel
Coni K. Ledesma - Member NDFP Panel
Asterio B. Palima - Member NDFP Panel
Third parties: WITNESSES:
Alberto T. Muyot - GPH Panel Legal Consultant
Jose Maria Sison - NDFP Chief Political Consultant
Amb. Ture Lundh - Third Party Facilitator For the Royal Norwegian Government
Description: This agreement affirms agreed points made during the February 2011 talks in Oslo. These include reaffirmation of previous arrangements, timeframe for the peace negotiations, Reciprocal Working Committees (RWCs) on Social and Economic Reforms, Working Groups on Political and Constitutional Reforms, the Joint Monitoring Committee, and JASIG and Confidence-Building Measures.

Agreement document: PH_110221_Oslo Joint Statement of 21 February 2011.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 2, Working Groups on Political and Constitutional Reforms
The Panels agreed to form their respective Working Groups on Political and Constitutional Reforms (WGs-PCR) in order to pave the way for the eventual formation of the Reciprocal Working Committees on Political and Constitutional Reforms (RWCs-PCR). The RWCs will formulate the guidelines and agenda of their work. The Working Groups shall be composed of a head and two members appointed by the Panels and shall also respectively nominate two independent cooperators. They shall hold their initial session in April 2011 and every two months thereafter. Hopefully, the RWCs-PCR would be convened by October 2011. The Working Groups/RWCs may avail of a Committee of Sages or resource persons, made up of an equal number of 3 to 5 members nominated by each side.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Reciprocal Working Committees (RWCs) on Social and Economic Reforms
...They agreed to have three (3) bilateral meetings to be held in the second week of June and the second and fourth weeks of August 2011, respectively. The first bilateral meeting shall discuss Bases, Scope and Applicability and the RWCs’ counterpart sections on “agrarian reform and rural development” for the NDFP and “asset reform” for the GPH, and “national industrialization” for the NDFP and “industrial policy” for the GPH...The RWCs agreed to complete the common tentative comprehensive agreement on social and economic reforms for submission to the Negotiating Panels by September 2011, in accordance with the agreed time frame.
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: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 3, JASIG and Confidence-Building Measures
...To build confidence and create a favorable atmosphere on the occasion of the resumption of the formal peace talks after more than six years, each Party declared a unilateral, concurrent and reciprocal ceasefire during the formal peace talks from February 15 to 21, 2011.
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: Page 3, JASIG and Confidence-Building Measures
...The NDFP also welcomed the recent release of NDFP Consultant Angelina Bisuna Ipong.
As a measure of goodwill, the NDFP released prisoners in the custody of the NPA. The GPH Panel acknowledged the release by the New People’s Army of retired Sgt. Mario Veluz, PO3 Jorge Sabatin and PO2 Jervel Tugade. Based on the Joint Notes dated January 18, 2011, the GPH shall continue to work on appropriate measures to effect the expeditious release of all or most of the fourteen (14) NDFP listed JASIG consultants and personalities before the second round of formal talks, subject to verification as provided in the JASIG Supplemental Agreement dated June 26, 1996, or on the basis of humanitarian and other practical reasons. The NDFP added four (4) names (Danilo Badayos, Leopoldo Caloza, Alan Jazmines and Ramon Patriarca), whose release shall be subjected to the same process. The GPH as confidence-building measure reiterated its commitment to undertake steps for the release of prisoners and detainees, including those committed to be released as found in the Second Oslo Joint Statement of 2004...
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: Witnessed by Amb. Ture Lundh - Third Party Facilitator For the Royal Norwegian Government
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: National Democratic Front of the Philippines International Information Office https://www.ndfp.org/oslo-joint-statement-of-21-february-2011/

Oslo Joint Statement of 21 February 2011

We, the Negotiating Panels of the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP) successfully resumed the formal peace negotiations from 15 to 21 February 2011 in Oslo, Norway facilitated by the Royal Norwegian Government (RNG).

The formal meetings were opened with an introductory statement by Ambassador Ture Lundh, as head of the Third Party Facilitating Team, and a welcome statement by State Secretary Espen Barth Eide of the Royal Norwegian Government followed by the opening statements by Secretary Teresita Quintos-Deles, the GPH Presidential Adviser on the Peace Process, and the NDFP Panel Chairperson Luis G. Jalandoni.

The Minister of Foreign Affairs of the RNG, Jonas Gahr Store, met with the two Panels separately at the conference venue and expressed the support of his government for the GPH-NDFP peace negotiations.

Both Panels recognized the urgent need to resume the formal peace negotiations in order to resolve the armed conflict by addressing its root causes.

The two Panels exchanged credentials of the members of their respective Panels.

The two Panels agreed on the following:

Reaffirmation of Previous Agreements

The Parties reaffirm The Hague Joint Declaration of 1 September 1992 and all bilateral agreements entered into by the GRP, now GPH, and NDFP up to the Second Oslo Joint Statement of 3 April 2004.

The GPH submitted its separate and unilateral affirmation with qualifications dated 15 February 2011 while the NDFP submitted on the same date its rebuttal to said qualifications.

The aforesaid agreements are essential and instrumental in moving ahead and forging agreements on the remaining substantive items in the agenda on socio-economic reforms, political and constitutional reforms, and end of hostilities and disposition of forces.

Timeframe for the Peace Negotiations

The Panels agreed on a general timeframe for completing the draft comprehensive agreements on the remaining items of the agenda.

The draft Comprehensive Agreement on Social and Economic Reforms (CASER) may be completed and signed by the Panels in September 2011;

the draft Comprehensive Agreement on Political and Constitutional Reforms (CAPCR) may be completed and signed by the Panels in February 2012;

and lastly the draft Comprehensive Agreement on End of Hostilities and Disposition of Forces (CAEHDF) may be completed and signed by the Panels in June 2012.

Reciprocal Working Committees (RWCs) on Social and Economic Reforms

The RWCs-SER reviewed the status of their work since 2001:

a common draft on the Preamble and the Declaration of Principles, as well as the Guidelines for the Work of the RWCs-SER and their sub-committees, with unresolved points, were submitted in April 2004 to the Negotiating Panels for resolution and approval.

They agreed to have three (3) bilateral meetings to be held in the second week of June and the second and fourth weeks of August 2011, respectively.

The first bilateral meeting shall discuss Bases, Scope and Applicability and the RWCs’ counterpart sections on “agrarian reform and rural development” for the NDFP and “asset reform” for the GPH, and “national industrialization” for the NDFP and “industrial policy” for the GPH.

They agreed to exchange their respective drafts of the sections scheduled for discussion two weeks before the first bilateral meeting.

The RWCs agreed to complete the common tentative comprehensive agreement on social and economic reforms for submission to the Negotiating Panels by September 2011, in accordance with the agreed time frame.

Working Groups on Political and Constitutional Reforms

The Panels agreed to form their respective Working Groups on Political and Constitutional Reforms (WGs-PCR) in order to pave the way for the eventual formation of the Reciprocal Working Committees on Political and Constitutional Reforms (RWCs-PCR).

The RWCs will formulate the guidelines and agenda of their work.

The Working Groups shall be composed of a head and two members appointed by the Panels and shall also respectively nominate two independent cooperators.

They shall hold their initial session in April 2011 and every two months thereafter.

Hopefully, the RWCs-PCR would be convened by October 2011.

The Working Groups/RWCs may avail of a Committee of Sages or resource persons, made up of an equal number of 3 to 5 members nominated by each side.

The Joint Monitoring Committee

After almost seven years, the Joint Monitoring Committee (JMC) for the CARHRIHL reconvened and discussed the Supplemental Guidelines for the operation of the JMC, with the view to submitting a common draft for the consideration of the respective Panels at a proximate future date.

Other related matters were likewise discussed such as a process for consolidation of the complaints thus far received and initial parameters for the possible conduct of joint investigations that would ultimately be fully clarified once discussions on the Supplemental Guidelines are completed.

Various issues related to the implementation of the CARHRIHL were also discussed.

The JMC agreed to meet again in March 2011 and to schedule succeeding meetings.

JASIG and Confidence-Building Measures

The NDFP acknowledged the presence of NDFP Reciprocal Working Committee on Social and Economic Reforms (RWC-SER) members Rafael Baylosis and Randall Echanis.

The GPH shall continue to undertake effective remedies to ensure their participation in the peace negotiations as well as those of NDFP political consultants Vicente Ladlad and Elizabeth Principe.

The NDFP also welcomed the recent release of NDFP Consultant Angelina Bisuna Ipong.

As a measure of goodwill, the NDFP released prisoners in the custody of the NPA.

The GPH Panel acknowledged the release by the New People’s Army of retired Sgt.

Mario Veluz, PO3 Jorge Sabatin and PO2 Jervel Tugade.

Based on the Joint Notes dated January 18, 2011, the GPH shall continue to work on appropriate measures to effect the expeditious release of all or most of the fourteen (14) NDFP listed JASIG consultants and personalities before the second round of formal talks, subject to verification as provided in the JASIG Supplemental Agreement dated June 26, 1996, or on the basis of humanitarian and other practical reasons.

The NDFP added four (4) names (Danilo Badayos, Leopoldo Caloza, Alan Jazmines and Ramon Patriarca), whose release shall be subjected to the same process.

The GPH as confidence-building measure reiterated its commitment to undertake steps for the release of prisoners and detainees, including those committed to be released as found in the Second Oslo Joint Statement of 2004.

To build confidence and create a favorable atmosphere on the occasion of the resumption of the formal peace talks after more than six years, each Party declared a unilateral, concurrent and reciprocal ceasefire during the formal peace talks from February 15 to 21, 2011.

Conclusion

The two Panels expressed satisfaction over the achievements of the first round of formal talks.

They also expressed their determination to make progress in forging agreements on the remaining items of the substantive agenda on social and economic reforms, political and constitutional reforms and end of hostilities and disposition of forces.

Expression of Gratitude to the RNG

Both Panels expressed their appreciation and gratitude to the Royal Norwegian Government for its able facilitation, hospitality and continuing support for the GPH-NDFP peace negotiations.

In particular, the Panels wish to acknowledge the following:

Minister of Foreign Affairs Jonas Gahr Store, State Secretary Espen Barth Eide, Director General for the department of UN, Peace and Humanitarian Affairs Geir O. Pedersen, Deputy Director General for Section on Peace and Reconciliation Tomas Stangeland, Special Envoy to the Peace Process Ambassador Ture Lundh, Ambassador to the Philippines Knut Solem, Senior Advisers Frederik Steen, Aina Holm, Lisa Golden and Adviser Ida Marstein.

Signed in Oslo, Norway on 21 February 2011.

SIGNATORIES:

Alexander A. Padilla - Chairperson of the GPH Panel

Pablito V. Sanidad - Member GPH Panel

Ednar G. Dayanghirang - Member GPH Panel

Ma. Lourdes M. Tison - Member GPH Panel

Jurgette Honculada - Member GPH Panel

Luis G. Jalandoni - Panel Chairperson of the NDFP Panel

Fidel V. Agcaoili - Member NDFP Panel

Julieta de Lima-Sison - Member NDFP Panel

Coni K. Ledesma - Member NDFP Panel

Asterio B. Palima - Member NDFP Panel

WITNESSES:

Alberto T. Muyot - GPH Panel Legal Consultant

Jose Maria Sison - NDFP Chief Political Consultant

Amb. Ture Lundh - Third Party Facilitator For the Royal Norwegian Government