An Update and Discussion on Philippine Peace Processes

1. An Update and Discussion on Philippine Peace Processes Karen N. Tanada GZO Peace Institute NAPC NGO Council Meeting April 18, 2012 Fernandina 88 Suites, Q.C.

2. THE GPH-NDFP PEACE PROCESSES Joint Statement of GPH-CPP-NPA-NDF at the Conclusion of the Current Round of Peace Talks in Oslo, Norway 21 February 2011 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.

3. 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.

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

5. GPH NDFP THEME MATCHING GPH RWC SER PROPOSAL ECONOMIC SOVEREIGNTY, and NATIONAL PATRIMONY ECONOMIC PLANNING • INCLUSIVE ECONOMIC GROWTH, INDUSTRIAL POLICY, AND AGRICULTURAL DEVELOPMENT • Fiscal and Monetary Policy • Trade Policy NATIONAL INDUSTRIALIZATION and ECONOMIC DEVELOPMENT MONETARY and FISCAL POLICIES FOREIGN ECONOMICS and TRADE RELATIONS ASSET REFORM AGRARIAN REFORM and AGRICULTURAL DEVELOPMENT ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION, REHABILITATION and COMPENSATION INDIGENOUS PEOPLE RIGHTS of the WORKING PEOPLE, LIVELIHOOD, and SOCIAL SERVICES SOCIAL PROTECTION EFFICIENT DELIVERY OF SERVICES

6. 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.

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

8. 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.

9. 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.

10. 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.

11. 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.

13. GPH says • NDFP unilaterally postponed committee meetings on CASER set in June and August 2011 • Reason: NDFP’s precondition that “all if not most of the 13” alleged JASIG-covered personalities be released before talks resume

14. There was a FAILURE OF VERIFICATION: on July 26, 2011: sealed envelopes in a safety deposit box stored by NDFP over 7 years ago in a bank in the Netherlands. • Contrary to a JASIG stipulation, the envelopes did NOT contain photos to match the list of consultants, only diskettes allegedly containing photos. But the diskettes could NOT be decrypted.

15. 6 released between Feb. 17 and July 25: Angelina Ipong, Jovencio Balweg, Ma. Luisa Purcray, Jaime Soledad. Glicerio Pernia and Edwin Brigano were released on Aug. 3 and Dec. 22, respectively. • Purcray and Pernia have gone underground according to intelligence reports.

16. RNG-initiated meeting with GPH and NDFP chairs • Agreements at Sept. 6, 2011 meeting: • Resume committee meetings (SER, PCR and JMC) • by end-October or early November 2011 WITHOUT PRECONDITIONS • NDFP to refrain from public tirades against GPH (stop word war) • Carry out positive steps to facilitate talks resumption • GPH door not closed on releases, but no commitment to release before October 2011 talks

17. Major violent attacks against civilians: kidnapping of 4 BJMP guards in Bukidnon, abduction of Mayor Dano and escorts in Surigao, kidnapping of six Misamis Oriental coco coir mattress peddlers • Extortion-related attacks: burning of 10 Victory Liner buses in Tarlac, raids on 3 mining firms in Surigao del Norte including torching of equipment, raid on banana plantation in Compostela Valley, Davao, etc.

18. Failing verification, GPH can undertake releases as CBMs or confidence building measures, not precondition or obligation as NDFP claims • JASIG has become inoperative for those remaining in the list because it is difficult for GPH to validate the identities of detainees using pseudonyms or aliases whom the NDFP claims are its consultants. • Effecting releases requires a lot of hard work, coordination and bending backwards. Plus the fact that GPH must be accountable to its publics, including families of those slain in the conflict.

19. “Disconnect” between NDFP (Utrecht) and CPP-NPA (in Mindanao), e.g. releases of BJMP abductees had no declared SOMO/SOPO; conflicting statements of Jalandoni and Jorge Madlos re position on the mining issue, etc. • The disjunction is resolved in favor of CPP-NPA, that is to say, for instance, violence against even civilian targets, is justified by NDFP.

20. RNG representatives met with Sec. Deles and GPH panel last week to nudge the process forward • Earlier the RNG met with NDF panel members in Utrecht to ascertain means to restart talks • GPH willing to undertake releases as confidence building measure (CBM) and for humanitarian reasons • GPH asked NDF, through the RNG, to reciprocate CBM to rebuild trust and advance the talks

21. Alex Padilla is an incorrigible liar Fidel Agcaoili Member and SpokespersonNDF-Negotiating Panel August 26, 2011 In his continuing tirade against the National Democratic Front of the Philippines (NDFP), Atty. Alex Padilla, Chairperson of the Negotiating Panel of the Government of the Philippines (GPH), glosses over the fact that the New People’s Army (NPA) has already released seven (7) prisoners of war (POWs) since Benigno Aquino III became president. Worse, Padilla also glosses over the extra-judicial killings (50), disappearances (8) and arbitrary arrests and detention (25) committed by the Aquino regime and the accumulated 350 political prisoners under its custody.

22. Padilla must understand that the current POWs under the custody of the NPA in Mindanao have been arrested in the course of the armed revolution and are not protected by the Joint Agreement on Safety and Immunity Guarantees (JASIG) like those 17 the GPH is obliged to release under the terms of the JASIG and the 2011 Oslo Joint Statements. Neither have the POWs of the NPA been the subject of agreement between the GPH and NDFP negotiating panels. Padilla implies the need to exchange prisoners but perversely accuses the NDFP of demanding such exchange.

23. Padilla insists on scuttling the peace negotiations by persisting in the wrong view that the GPH is under no obligation to comply with the JASIG and that there is no need for the GPH and NDFP negotiating panels to meet before the Reciprocal Working Committees on Social and Economic Reforms (RWCs SER) and other sub-panel organs of the two sides meet, despite certain outstanding problems that the panels have to tackle.

24. Status and obstacles to the resumption of peace negotiations Monday, 14 November 2011 By Luis G. JalandoniChairperson, NDFP Negotiating Panel The NDFP engages in peace negotiations in order to address the roots of the armed conflict. Land reform to benefit the peasantry, who comprise 75% of the population of 94 million; national industrialization to develop the backward agrarian economy and harness the rich natural resources; these and other basic reforms are aimed for by the NDFP in the peace talks.

25. The Hague Joint Declaration of 1992 stipulates the substantive agenda of human rights and international humanitarian law, socio-economic reforms, political and constitutional reforms and end of hostilities and disposition of forces. It is the framework agreement, declaring that principles of national sovereignty, democracy and social justice shall guide the two Parties. Neither Party may impose its constitution. Capitulation may not be demanded. A very serious obstacle is the GPH's undermining of basic bilateral agreements. In February, the GPH Panel, for the first time ever, attacked The Hague Joint Declaration as a document of perpetual division. It has also declared that the JASIG does not require compliance. It is only at their whim that they shall release detained NDFP consultants covered by the JASIG. It refuses to release the 350 political prisoners in accordance with the clear directive of the CARHRIHL.

26. A huge obstacle is the US government. Its Counter Insurgency Guide of 2009 is followed by the Aquino regime in its Internal Security Plan, Oplan Bayanihan. This aims to militarily defeat the New People's Army through the triad concept of combat, intelligence and civil-military operations. Furthermore, the US stations interventionist troops in the Philippines. The NDFP is firmly committed to pursue peace negotiations that address the roots of the armed conflict. It is determined to overcome the problems and difficulties with effective remedies. It is resolute in its decision to carry forward the people's struggle for national and social liberation.

27. SPECIAL TRACK on PEACE Amid the word war between the panels of Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP), the NDFP said their offer of truce and alliance to the GPH remains. In an interview with Bulatlat.com, Luis Jalandoni, chairman of the NDFP peace panel, said they sent a confidential letter to President Benigno S. Aquino III in January, offering a special track for the peace talks. “Aquino sent an emissary and based on the initial discussion, the said emissary said it is doable.” (Ronalyn V. Olea Bulatlat.com)

28. The ten points of the peace agreement of the NDFP are as follows: • Unite the Filipino people through a broad alliance of patriotic and progressive forces and a clean and honest coalition government for genuine national independence and democracy against any foreign domination or control and against subservience. • Empower the toiling masses of workers and peasants by respecting their democratic rights and providing for their significant representation in organs of the coalition government and for assistance to the organizations, programs and projects of the toiling masses. • Uphold economic sovereignty, carry out Filipino-owned national industrialization and land reform and oppose imperialist plunder and bureaucratic and military corruption in order to develop the national economy.

29. 4.Cancel the foreign debt and reduce the appropriations for the military and other armed organizations of the GRP in order to provide adequate resources and savings for economic development, improvement of the means of livelihood, the alleviation of poverty, the realization of gender equality, promotion of children’s rights and welfare and healthy environment. • 5.Promote and support a patriotic, scientific and pro-people culture through the educational system, mass media and mass organizations, cherish the cultural heritage of the Filipino nation and all the ethno-linguistic communities in the country. • 6.Recognize the right to self-determination and autonomy of national minorities, ensure proportionate representation in organs of the coalition government and institutions and provide for affirmative action to countervail long-running discrimination and wrongs.

30. 7.Investigate and try government officials who are liable for treason, corruption and human rights violations. 8.Carry out a truly independent foreign policy for world peace and economic development, oppose imperialist acts of plunder and foreign aggression and intervention, and prevent the basing and stationing of foreign troops and weapons of mass destruction in the country. 9.Maintain normal trade and diplomatic relations with all countries and develop the closest of relations with other ASEAN countries, China, South and North Korea, Japan and Russia, emphasizing equable exchange of goods, acquiring goods for industrialization and guaranteeing energy supply. 10.Inaugurate a truce between the warring forces of the GRP and NDFP for the purpose of alliance and other constructive purposes as stated above.

31. Jaladoni said they are proposing specific details to the GPH, including the formation of a “Council of National Unity” that will have equal representation from both sides. Once the GPH signs the agreement, Jalandoni said, the New People’s Army (NPA) will be ready to implement a prolonged ceasefire while talks on political and economic reforms proceed. “It is a proposal for cooperation,” Jalandoni said, adding that the proposal is not written on stone and may still be modified. “It is a working draft,” he said.

32. Jalandoni cited agrarian reform with just compensation, irrigation, food production, development of renewable energy, steel and pharmaceuticals. Jalandoni said the agreement will have “concrete benefits to the masses.” “There should be a breakthrough somewhere. There should be a step forward. We can start with some projects,” Jalandoni said. Industries, he said, should not be “foreign-owned, must protect the environment and the livelihood of the people.” Jalandoni added, however, that a more comprehensive agreement on socio-economic reforms must still be signed by both parties. “If basic fundamental reforms are undertaken, other things would be easier.”

33. Some proposals by third parties: Philippine Ecumenical Peace Platform: *Catholic Bishop's Conference of the Philippines (CBCP), National Council of Churches in the Philippines (NCCP), Association of Major Religious Superiors of the Philippines (AMRSP), Philippine Council of Evangelical Churches (PCEC) and the Ecumenical Bishops' Forum (EBF). To affirm our commitment in support of the formal peace talks and to break the current impasse, we call on the government to release in recognizance under the collective custodial guarantee of the member churches of the Philippine Ecumenical Peace Platform, the NDFP consultants who are willing to be under the sanctuary of churches. This is our way of proclaiming the gospel of peace.

34. Peace advocates from diverse civil society organisations such as Manindigan sa Peace Talks, Kiloskapayapaan, and theWaging Peace Philippinesnetwork • Protect the Environment and Make Peace Meaningful for Future Generations • Protect Human Rights and End Impunity: • Release Political Prisoners on Humanitarian Grounds, particularly, People Relevant to the Peace Process: • Unleash Diverse Peace Initiatives in more Participative and Creative Ways: • Resume Peace Negotiations: call on parties to resume peace negotiations in the first quarter of 2012; Suspend Offensive Military Operations for the duration of the peace negotiations • Draft 16 January 2012

35. GPH-MILF PEACE PROCESSES Joint Statement on the 26th GPH-MILF Formal Exploratory Talks March 21, 2012 in Kuala Lumpur, Malaysia. The Parties continued their discussions on substantive issues, including power sharing on governance and wealth sharing. The Parties also approved the request of the Office of the Secretary-General of the Organization of Islamic Cooperation (OIC) to sit as observer in the GPH-MILF peace talks.

36. Both Parties signed the Terms of Reference for the consultants who will be part of their respective delegations. The Parties agreed to meet again in April 2012. The Parties expressed their appreciation to his Excellency President Benigno Simeon Aquino III for his commitment to a just and lasting peace in Mindanao and to His Excellency Malaysian Prime Minister Dato’ Sri Mohd Najib Bin Tun Haji Abdul Razak….

37. Salient Features of theMILF FINAL WORKING DRAFT ON COMPREHENSIVE COMPACT Presented by: MohagherIqbal Chair MILF Peace Panel MILF PEACE PANEL DIALOGUE WITH CATHOLIC BISHOPS 30 March 2011 / BUC Office, Matina Davao City

38. PART 1: Principles and Transitions • ARTICLE I Aims of the Negotiations • ARTICLE II Principles and Purposes • ARTICLE III Transitional Arrangements • ARTICLE IV Preparatory Transfer of Authority • ARTICLE V Framework for the Interim Period

39. PART 1: Principles and Transitions • a formula of peace through the exhaustion of all democratic remedies to solve a home-grown sovereignty based conflict

40. PART 1: Principles and Transitions • a formula that perfectly blends modern day democratic principle that sovereignty resides in the people and the ingredients of Islamic principle of shura (consultation)

41. PART 1: Principles and Transitions • a proposal to correct and solve the one-sidedness or imbalance of totality of relationship between Filipinos and Moros

42. PART 2: The Bangsamoro Structure of Governance • ARTICLE VI Bangsamoro Governance (Structure) • ARTICLE VII Elections • ARTICLE VIII Representation in Central Government

43. PART 2: The Bangsamoro Structure of Governance • it provides for an asymmetrical state sub-state relationship

44. PART 2: The Bangsamoro Structure of Governance • it balances the issues of state’s sovereignty and people’s right to self-determination

45. PART 2: The Bangsamoro Structure of Governance • it gives modest recognition and justice to Mindanao, the ancestral homeland of the unconquered Moros, as historically considered and treaties-entrenched “foreign territory” not only during the Spanish regime in the Philippines but even during the American regime when they created the “Moro Province” which they administered separately from Luzon and Visayas

46. PART 3 • ARTICLE IX Bangsamoro Basic Law • ARTICLE X Basic Rights and Safeguards • ARTICLE XI Administration of Justice • ARTICLE XII Policing and Security • ARTICLE XIII Reconciliation and Normalization Clause

47. Part 3 • it gives modest recognition to the Moro aspiration for a separate national identity as Bangsamoro, while reclaiming their Filipino citizenship

48. PART 4: Wealth Sharing and Land Ownership • ARTICLE XIV Wealth Sharing Arrangements (Finance) • ARTICLE XV Financing the Transition • ARTICLE XVI Patrimony and Land Ownership

49. PART 4: Wealth Sharing and Land Ownership • to have a modest share and taste of the remaining 7-9% of the lands, wealth and resources of what used to be 98% at the turn of the last century • vested and proprietary rights will be respected