Joint Statement to Resume Formal Talks in the GRP-NDFP Peace Negotiations

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Country/entity: Philippines
Region: Asia and Pacific
Agreement name: Joint Statement to Resume Formal Talks in the GRP-NDFP Peace Negotiations
Date: 13 Jan 2004
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: SILVESTRE H. BELLO III, GRP Panel Chairman

LUIS G. JALANDONI, NDFP Panel Chairman
Third parties: -
Description: In this agreement the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) agree to resume the formal talks in their peace negotiations and complete the formation of the Joint Monitoring Committee. The agreement commits to resolve the outstanding issue of the "terrorist" listing of the CPP/NPA and the NDFP Chief Political Consultant, in consonance of previous agreements and undertake measure for the release of all the prisoners and detainees whose release was recommended by the GRP in 2001. Furthermore, the GRP shall undertake appropriate legal measures for indemnification of victims of human rights violations and provide reparation. The agreement forms a pre-negotiating agreement, with confidence-building measures, for the resumption of talks.

Agreement document: PH_040113_Joint Statement to resume talks.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: Page 1,
2. To resolve the oustanding issue of the "terrorist" listing of the CPP/NPA and the NDFP Chief Political Consultant, effective measures shall be undertaken in consonance with The Hague Joint Declaration, the JASIG, the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAR-HR/IHL) and other bilateral agreements. The panelists, consultants, staffers, and other duly-authorized participants of said negotiations shall thereby be fully protected by the pertinent provisions of The Hague Joint Declaration, the JASIG, and the CAR-HR/IHL as well as the Amado V, Hernandez doctrine on political offense.

Page 1, Article 6. The GRP shall undertake confidence-building measures as follows:
6.1 The GRP shall undertake measures for the release of all the prisoners and detainees whose release was recommended by the GRP in 2001 and shall take appropriate action on the updated list submitted by KARAPATAN and other human rights organizations.
6.2 The GRP shall undertake appropriate legal measures in support of the claims for indemnification of the victims of human rights violations of the Marcos dictatorship, including a proposal to Congress to pass a law appropriating the minimum amount of at least P8 billion from the approximately $680 million recovered from the Marcos ill-gotten wealth for the indemnification of the bona fide victims of human rights violations of the Marcos dictatorship. The two Panels shall discuss and agree during the formal talks on specific and effective measures to protect the rights of the successful plaintiffs in the Marcos human rights litigation and expedite payment of compensation to them on a best effort basis.
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: 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: Page 1,
2. To resolve the oustanding issue of the "terrorist" listing of the CPP/NPA and the NDFP Chief Political Consultant, effective measures shall be undertaken in consonance with The Hague Joint Declaration, the JASIG, the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAR-HR/IHL) and other bilateral agreements. The panelists, consultants, staffers, and other duly-authorized participants of said negotiations shall thereby be fully protected by the pertinent provisions of The Hague Joint Declaration, the JASIG, and the CAR-HR/IHL as well as the Amado V, Hernandez doctrine on political offense.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 1, Article 6. The GRP shall undertake confidence-building measures as follows:
6.1 The GRP shall undertake measures for the release of all the prisoners and detainees whose release was recommended by the GRP in 2001 and shall take appropriate action on the updated list submitted by KARAPATAN and other human rights organizations.
Vetting: No specific mention.
Victims: Page 1, Article 6. The GRP shall undertake confidence-building measures as follows:
... 6.2 The GRP shall undertake appropriate legal measures in support of the claims for indemnification of the victims of human rights violations of the Marcos dictatorship, including a proposal to Congress to pass a law appropriating the minimum amount of at least P8 billion from the approximately $680 million recovered from the Marcos ill-gotten wealth for the indemnification of the bona fide victims of human rights violations of the Marcos dictatorship. The two Panels shall discuss and agree during the formal talks on specific and effective measures to protect the rights of the successful plaintiffs in the Marcos human rights litigation and expedite payment of compensation to them on a best effort basis.
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, Article 6.
The GRP shall undertake confidence-building measures as follows:
... 6.2 The GRP shall undertake appropriate legal measures in support of the claims for indemnification of the victims of human rights violations of the Marcos dictatorship, including a proposal to Congress to pass a law appropriating the minimum amount of at least P8 billion from the approximately $680 million recovered from the Marcos ill-gotten wealth for the indemnification of the bona fide victims of human rights violations of the Marcos dictatorship. The two Panels shall discuss and agree during the formal talks on specific and effective measures to protect the rights of the successful plaintiffs in the Marcos human rights litigation and expedite payment of compensation to them on a best effort basis.
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: The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues, pp. 56-57.

JOINT STATEMENT TO RESUME FORMAL TALKS IN THE GRP-NDFP PEACE NEGOTIATIONS

The Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) hereby agree to resume the formal talks in their peace negotiations.

1. We reaffirm The Hague Joint Declaration, the Joint Agreement on Safety and Immunity Guarantees (JASIG), the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agreement) and subsequent agreements as the foundation and framework of the GRP-NDFP peace negotiations as affirmed in the 9 March 2001 Utrecht Joint Statement and the Oslo Communique in April 2001.

2. To resolve the oustanding issue of the "terrorist" listing of the CPP/NPA and the NDFP Chief Political Consultant, effective measures shall be undertaken in consonance with The Hague Joint Declaration, the JASIG, the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAR-HR/IHL) and other bilateral agreements.

The panelists, consultants, staffers, and other duly-authorized participants of said negotiations shall thereby be fully protected by the pertinent provisions of The Hague Joint Declaration, the JASIG, and the CAR-HR/IHL as well as the Amado V, Hernandez doctrine on political offense.

3. Upon resumption of the formal talks, we shall complete the formation of the Joint Monitoring Committee (JMC) and specify its nature and mandate in accordance with the CAR-HR/IHL.

4. The Reciprocal Working Committees on Social and Economic Reforms (RWCs-SHR) shall resume their work.

Their work shall be facilitated and accelerated by the subcommittees that can continue their work in between the meetings of the RWCs-SER.

5. The GRP proposal for sequential and accelerated work, particularly the formation of subcommittees of the Reciprocal Working Committees on Political and Constitutional Reforms, and other related proposals, shall be discussed in the formal talks.

6. The GRP shall undertake confidence-building measures as follows:

6.1 The GRP shall undertake measures for the release of all the prisoners and detainees whose release was recommended by the GRP in 2001 and shall take appropriate action on the updated list submitted by KARAPATAN and other human rights organizations.

6.2 The GRP shall undertake appropriate legal measures in support of the claims for indemnification of the victims of human rights violations of the Marcos dictatorship, including a proposal to Congress to pass a law appropriating the minimum amount of at least P8 billion from the approximately $680 million recovered from the Marcos ill-gotten wealth for the indemnification of the bona fide victims of human rights violations of the Marcos dictatorship.

The two Panels shall discuss and agree during the formal talks on specific and effective measures to protect the rights of the successful plaintiffs in the Marcos human rights litigation and expedite payment of compensation to them on a best effort basis.

7. The formal talks shall resume in February 2004 in a foreign neutral venue mutually acceptable to the parties in accordance with the JASIG and in consultation with the third party facilitator.

Done on 13 January 2004

SILVESTRE H. BELLO iii

GRP Panel Chairman

LUIS G. JALANDONI

NDFP Panel Chairman