Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes
Date: 16 Mar 1998
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Philippines-NDF process
Parties: The Government of the Republic of the Philippines:

By Amb Howard Q. Dee; Chairperson, GRP Negotiating Panel
Rep. Jose V. Yap, Member
Sec Silvestre H. Bello III, Member
Atty. Rene V. Sarmiento, Member
Ms Zenaida H. Pawid, Member

The National Democratic Front of the Philippines:

By: Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel
Fidel V. Agcaoili, Member
Coni K. Ledesma, Member
Asterio B. Palima, Member
Jojo S. Magdiwang, Member
Third parties: Witnesses:

Hon. Jose C. De Venecia, Speaker, House of Representatives GRP
Jose Maria Sison, Chief Political Consultant, NDFP Negotiating Panel
Usec. A. Wilfredo Clemente, DECS, GRP
Antonio L Zumel, Senior Adviser NDFP Negotiating Panel
Ms. MA. Carla L. Munsayac, Executive Director III, GRP Negotiating Panel Secretariat
Romeo T. Capulong, General Counsel, NDFP Negotiating Panel
Description: GRP agree to respect, encourage and extend appropriate support to private development organisations and institutes carrying out various programmes, projects and activities including those aimed at promoting a just and lasting peace; to engage in research and planning for the Filipino people’s empowerment and development; to promote respect for human rights and relief and undertaking relief and rehabilitation programmes. Agreed that the organisations would raise, manage and use such financial resources as necessary, and would have access to such sources of funding and resources as are available to similar organisations in the Philippines and abroad.

Agreement document: PH_980316_Joint Agreement Support of Socioeconomic Projects.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: Groups→Migrant workers→Rhetorical
Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Rhetorical
Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Rhetorical
Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

Gender

Women, girls and gender: Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3. To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
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: [Note: Entirety of agreement provides for government to 'respect, encourage and support' development activities of private development organisations:]

Page 1, Article 1. Respect, Encouragement and Support
Section 1. The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:
1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural development;
1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make recommendations on the basis of such studies and planning;
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

Page 2, Article 1. Respect, Encouragement and Support
1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;
1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
1.7 To cooperate with other entities that are genuinely committed to advancing the rights and interest of the people; and
1.8 To carry out such other aims and purposes as are related to the foregoing.

Page 2, Article 1. Respect, Encouragement and Support
Section 2. The aforesaid organizations and institutes, hereinafter referred to as the “organizations”, shall be self-governing and independent, as may be provided for in their respective charters. In order to transact business and carry on their work, they shall take an appropriate legal status and juridical personality.

Page 2, Article 1. Respect, Encouragement and Support
Section 3. The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations. Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.

Page 2, Article 2
[...]
Section 2. The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.
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: Page 1, Article 1. Respect, Encouragement and Support
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

Page 2, Article 1. Respect, Encouragement and Support
[...]
1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, Article 1. Respect, Encouragement and Support, Article 1
[...]
1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

Page 2, Article 1. Respect, Encouragement and Support
Section 3. The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations. Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.
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 1, Article 1. Respect, Encouragement and Support
Section 1. The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:
1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural development;
1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make recommendations on the basis of such studies and planning;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2, Article 2. Funding and Resources
[...]
Section 2. The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.
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: Page 1, Article 1. Respect, Encouragement and Support
[...]
1.3. To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
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: Page 2, Article 1. Respect, Encouragement and Support
[...]
1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
Vetting: No specific mention.
Victims: Page 1-2, Article 1. Respect, Encouragement and Support
[...]
1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;
[...]
1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
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 2, Article 3. General Provisions
Section 3,
[...]
The GRP and the organizations concerned shall work out the modalities of implementation.
Related cases: No specific mention.
Source: The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues, pp. 48-50.

UN Peacemaker [http://peacemaker.un.org/philippines-agreement-socioeconomic98]

Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes

This Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes is being entered into by and between:

The Government of the Republic of the Philippines, hereinafter referred to as the GRP, through its Negotiating Panel headed by its Chairperson, Howard Q. Dee

and

The National Democratic Front of the Philippines, hereinafter referred to as the NDFP, through its Negotiating Panel headed by its Chairperson, Luis G. Jalandoni.

Whereas, both Parties are desirous of assisting private development organizations and institutes engaged in programs, projects and activities for the Filipino people’s empowerment and for their socioeconomic development;

and

Whereas, these organizations and institutes are beneficial to the people and are helpful in laying the ground for a just and lasting peace.

Now therefore, for and in consideration of the foregoing premises, the Parties hereby agree as follows:

Article I

Respect, Encouragement and Support

Section 1.

The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:

1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural

development;

1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make

recommendations on the basis of such studies and planning;

1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;

1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;

1.7 To cooperate with other entities that are genuinely committed to advancing the rights and interest of the people;

and

1.8 To carry out such other aims and purposes as are related to the foregoing.

Section 2.

The aforesaid organizations and institutes, hereinafter referred to as the “organizations”, shall be self-governing and independent, as may be provided for in their respective charters.

In order to transact business and carry on their work, they shall take an appropriate legal status and juridical personality.

Section 3.

The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations.

Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.

Article II

Funding and Resources

Section 1.

The organizations shall raise, manage and use such financial and other resources as necessary to be able to carry out their programs, projects and activities.

Section 2.

The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.

Article III

General Provisions

Section 1.

This Joint Agreement is being entered into in accordance with The Hague Joint Declaration.

Section 2.

The obligations arising from the provisions of this Joint Agreement shall become effective and binding upon the approval hereof by the respective Principals of the GRP and NDFP Negotiating Panels.

Section 3.

The Negotiating Panels or representatives of both Parties may consult each other regarding organizations to be assisted under this Agreement and execute such additional joint agreements or undertakings as may be necessary to implement this Agreement.

The GRP and the organizations concerned shall work out the modalities of implementation.

Done on the 16th day of March 1998 in The Hague, The Netherlands.

The Government of the Republic of the Philippines:

By Amb Howard Q. Dee;

Chairperson, GRP Negotiating Panel

Rep. Jose V. Yap, Member

Sec Silvestre H. Bello III, Member

Atty.

Rene V. Sarmiento, Member

Ms Zenaida H. Pawid, Member

The National Democratic Front of the Philippines:

By: Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel

Fidel V. Agcaoili, Member

Coni K. Ledesma, Member

Asterio B. Palima, Member

Jojo S. Magdiwang, Member

Witnesses:

Hon. Jose C. De Venecia, Speaker, House of Representatives GRP

Jose Maria Sison, Chief Political Consultant, NDFP Negotianting Panel

Usec.

A. Wilfredo Clemente, DECS, GRP

Antonio L Zumel, Senior Adviser NDFP Negotiating Panel

Ms. MA.

Carla L. Munsayac, Executive Director III, GRP Negotiating Panel Secretariat

Romeo T. Capulong, General Counsel, NDFP Negotiating Panel.