Joint Agreement on the Ground Rules of the Formal Meetings between the GRP and NDFP Panels

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Joint Agreement on the Ground Rules of the Formal Meetings between the GRP and NDFP Panels
Date: 26 Feb 1995
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: GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES OF THE PHILIPPINES

Howard Q. Dee, Chairman, GRP Panel for Peace Talks with the CPP/NPA/NDF Rep.

Jose V. Yap, House of Representatives Member, GRP Panel

Silvestre H. Bello III, Member, GRP Panel

Feliciano V. Carino, Member, GRP Panel

Zenaida H. Pawid, Member, GRP Panel

National Democratic Front of the Philippines

Luis Jalandoni, NDF Vice Chairperson for International Affairs & Head of NDF Delegation

Fidel Agcaoil, NDF Consultant

Asterio Palima, Member, NDF Delegation

Coni Ledesma, Member, NDF Delegation

Jojo Magdiwang
Third parties: Witnesses:

Jesus G. Dureza

Teresita L. De Castro

Jose Maria Sison

Romeo T. Capulong
Description: The joint agreement sets the Ground Rules of the Formal Meetings between the GRP and NDFP Panels Agreed, including governing principles, the conduct of panel negotiations, documentation, format of meetings, resource persons, media coverage, and general provisions for future negotiations.

Agreement document: PH_950226_Joint Agreement on Ground Rules.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: Page 2, ARTICLE II, CONDUCT OF PANEL NEGOTIATIONS

Section 4. Presence of Persons Other than Panel Members. The two Panel Chairpersons shall agree on the number of Advisers, Legal Counsels, Consultants, Secretariat staff, and security personnel, who may be present in the meeting room and in the vicinity.
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: Rights related issues→Media and communication→Other
Page 3, ARTICLE V, MEDIA COVERAGE
Section 1. Media coverage or the absence of it at any meeting shall be mutually agreed upon by the two Panel Chairpersons.

Section 2. The holding of joint press conferences or the issuance of joint press statements may, from time to time, be mutually agreed upon by the two Panel Chairpersons, taking into account the progress of the peace negotiations.

Page 4, ARTICLE V, MEDIA COVERAGE
Section 3. It is the inherent right of either Panel to hold separate press conferences or interviews, and issue press statements as it may deem necessary or appropriate, taking into account the basic tenets of truth and fairness and the need to safeguard the on-going negotiations from being jeopardized. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues under negotiations.
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 2, Article II CONDUCT OF PANEL NEGOTIATIONS
Section 4. Presence of Persons Other than Panel Members. The two Panel Chairpersons shall agree on the number of Advisers, Legal Counsels, Consultants, Secretariat staff, and security personnel, who may be present in the meeting room and in the vicinity.
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: Page 4, ARTICLE VI GENERAL PROVISIONS
Section 1. Applicability. The provisions of this Agreement shall apply to the formal meetings of the two negotiating Panels. All other meetings of the Panels related to the peace process shall be considered as part of the consultation process.

Section 2. Amendments. The two Panels may from time to time mutually agree to amend, modify or supplement this Agreement as the circumstances may require.

Section 3. Effectivity. This Agreement shall take effect upon the signing hereof by the Chairpersons of the two negotiating Panels.
Related cases: No specific mention.
Source: www.derechos.org/nizkor/filipinas/

http://www.ndfp.net/web2014/index.php/peace-talks/peace-agreements

AGREEMENT ON THE GROUND RULES OF THE FORMAL MEETINGS BETWEEN THE GRP AND NDFP PANELS

This 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 here 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 herein by its Chairperson, Luis G. Jalandoni.

Pursuant to due authority, the two Panels hereby agree:

ARTICLE I GOVERNING PRINCIPLES

Section 1.

In their deliberations during the formal talks and in the interpretation of this Agreement, the GRP and NDFP Negotiating Panels shall at all times conform to the letter and spirit of the Hague Joint Declaration of 1 September 1992, the pertinent provisions of the Breukelen Joint Statement of 14 June 1994, and the Joint Agreement on Safety and Immunity Guarantees of24 February 1995.

ARTICLE II CONDUCT OF PANEL NEGOTIATIONS

Section 1.

Venue and Schedule of Meetings.

The GRP and NDFP Panels shall hold their formal peace negotiations in the venue previously agreed upon under Section 6.

Article Ill of the Joint Agreement on Safety and Immunity Guarantees.

The two Panels shall mutually agree on the schedule of meetings.

There shall be reasonable time for both Panels to consult their principals before any meeting.

Section 2.

Subject Matter of the Meetings.

The specific agenda for a meeting shall be agreed upon by the Panels.

The Panels shall exchange detailed proposals and/or working papers on the issues for discussion within a reasonable period of time before the meeting in which such issues shall be discussed.

Section 3.

Quorum.

A majority of the composition of each Panel is required to be present at every meeting in order to constitute a quorum.

Section 4.

Presence of Persons Other than Panel Members.

The two Panel Chairpersons shall agree on the number of Advisers, Legal Counsels, Consultants, Secretariat staff, and security personnel, who may be present in the meeting room and in the vicinity.

Section 5.

Presiding Officers.

The two Panel Chairpersons shall act as co-presiding officers for the meetings of the two Panels.

Section 6.

Procedure of Formal Meetings.

a. The two Panel Chairpersons shall agree on the allocation of time for each agenda item.

b. Each Panel shall have equal time and opportunity to present its side in meetings.

c. Each Panel shall be given the opportunity to present fully, orally, and/or in writing, its position, to propound questions, and to respond to the other Panel regarding any agreed agenda item.

d. When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further deliberation.

Thereafter, the two Panels shall proceed to the next agenda item.

Section 7.

Format of Meetings.

a. The Chairperson of each Panel shall speak on be of the Panel, but may designate Panel members, Advisers, Legal Counsels and Consultants to speak, when appropriate.

b. When it is the tum of one Panel to speak within its allotted time, the other Panel members permitted by him/her may interpellate or respond immediately to any point with the permission of the Chairperson of that Panel.

c. Each Panel may propose a draft on any agreed upon agenda item, which draft may become the basis for discussion and agreement.

ARTICLE III DOCUMENTATION

Section 1.

Use of Audio Documentation.

Audiotaping of sessions shall be allowed, unless otherwise mutually agreed upon.

Section 2.

Minutes.

Each Panel shall be entitled to two documentors who shall take the minutes for their respective Panels.

However, the two Panels may mutually adopt a common recording and documentation system and agree on an official record of the deliberations and minutes of the meetings.

Limitations on access to or release of such records and minutes shall be mutually agreed upon by the Chairperson, of the two Panels.

ARTICLE IV RESOURCE PERSONS

Section l. Each Panel may avail itself of experts as Consultants, who may or may not belong to its side, to assist the Panel.

ARTICLE V MEDIA COVERAGE

Section 1.

Media coverage or the absence of it at any meeting shall be mutually agreed upon by the two Panel Chairpersons.

Section 2.

The holding of joint press conferences or the issuance of joint press statements may, from time to time, be mutually agreed upon by the two Panel Chairpersons, taking into account the progress of the peace negotiations.

Section 3.

It is the inherent right of either Panel to hold separate press conferences or interviews and issue press statements as it may deem necessary or appropriate, taking into account the basic tenets of truth and fairness and the need to safeguard the on-going negotiations from being jeopardized.

The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues under negotiations.

ARTICLE VI.

GENERAL PROVISIONS

Section 1.

Applicability.

The provisions of this agreement shall apply to the formal meetings of the two negotiating Panels.

All other meetings of the Panels related to the peace process shall be considered as part of the consultation process.

Section 2.

Amendments.

The two Panels may from time to time mutually agree to amend, modify or supplement this agreement as the circumstances may require.

Section 3.

Effectivity.

This agreement shall take effect upon the signing hereof by the Chairpersons of the two negotiating Panels.

IN WITNESS WHEREOF, we have hereunder signed this Agreement this 26th of February, 1995 at the town of Nieuwegein, the Netherlands.

FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES NEGOTIATING PANEL

Howard Q. Dee, Chairperson, GRP Panel

FOR THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES NEGOTIATING PANEL:

Luis G. Jalandoni.

Chairperson, NDFP Panel