An Update and Discussion on Philippine Peace Processes

Karen N. TanadaGZO Peace Institute

NAPC NGO Council MeetingApril 18, 2012

Fernandina 88 Suites, Q.C.

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.

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

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.

INCLUSIVE ECONOMIC GROWTH, INDUSTRIAL POLICY, AND

AGRICULTURAL DEVELOPMENTFiscal and Monetary PolicyTrade Policy

ASSET REFORM

ENVIRONMENTAL PROTECTION

AGRARIAN REFORM and AGRICULTURAL DEVELOPMENT

ENVIRONMENTAL PROTECTION, REHABILITATION and

COMPENSATION

RIGHTS of the WORKING PEOPLE, LIVELIHOOD, and SOCIAL

SERVICES

NDFPGPH

ECONOMIC PLANNING

NATIONAL INDUSTRIALIZATION and ECONOMIC DEVELOPMENT

MONETARY and FISCAL POLICIES

FOREIGN ECONOMICS and TRADE RELATIONS

INDIGENOUS PEOPLE

SOCIAL PROTECTION

EFFICIENT DELIVERY OF SERVICES

THEME MATCHING GPH RWC SER PROPOSAL

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 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.

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.

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.

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

•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.

•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.

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

•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.

•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.

•“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.

•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

Alex Padilla is an incorrigible liarFidel Agcaoili Member and SpokespersonNDF-Negotiating PanelAugust 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.

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.

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.

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.

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.

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.

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)

The ten points of the peace agreement of the NDFP are as follows:

1.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.

2.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.

3.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.

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.

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.

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.

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.”

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.

Peace advocates from diverse civil society organisations such as Manindigan sa Peace Talks, Kiloskapayapaan, and the Waging Peace Philippines network

•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 negotiationsDraft 16 January 2012

GPH-MILF PEACE PROCESSES

Joint Statement on the 26th GPH-MILF Formal Exploratory TalksMarch 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.

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….

Salient Features of theMILF FINAL WORKING DRAFT

ON COMPREHENSIVE COMPACT

MILF PEACE PANEL DIALOGUE WITH CATHOLIC BISHOPS30 March 2011 / BUC Office, Matina Davao City

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

PART 1: Principles and Transitions

• a formula of peace through the exhaustion of all democratic remedies

to solve a home-grown sovereignty based conflict

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)

PART 1: Principles and Transitions

• a proposal to correct and solve the one-sidedness or imbalance of totality of relationship between

Filipinos and Moros

PART 2: The Bangsamoro Structure of Governance

• ARTICLE VI Bangsamoro Governance

(Structure)• ARTICLE VII Elections• ARTICLE VIIIRepresentation in

Central Government

PART 2: The Bangsamoro Structure of Governance

• it provides for an asymmetrical state

sub-state relationship

PART 2: The Bangsamoro Structure of Governance

• it balances the issues of state’s sovereignty and people’s right to

self-determination

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

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

Part 3

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

PART 4: Wealth Sharing and Land Ownership

• ARTICLE XIVWealth Sharing Arrangements

(Finance)• ARTICLE XV Financing the

Transition• ARTICLE XVIPatrimony and

Land Ownership

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

PART 5: Implementing Period

• ARTICLE XVII Implementing Period

• ARTICLE XVIII Annexure• ARTICLE XIX Amendments• ARTICLE XX Entry into Force

Synthesis

• it is a win-win formula that benefits not only the Moros and the indigenous peoples, but also the Filipinos and the government in Manila. The dividends of peace-and the lack of war itself-will reach every home not only in the conflict affected areas in Mindanao, but Mindanao as a whole and the Philippines in general

GPH proposal or the "3-for-1" proposal ("the Proposal") August 22, 2011 in Kuala Lumpur, Malaysia.

It is intended as the Government’s starting or opening position on the substantive issues.

•Address social and economic development needs in a participative manner;•Reform legal and political environments to allow meaningful autonomy and self-governance; and•Acknowledge the historical causes of conflict towards reconciliation.

The three approaches are to simultaneously undertaken. One is not a precondition to the other

1.Partnership in the Economic and Social Reconstruction of the Region

“The objective of such is to break the cycle of poverty in the ARMM, so that people are actually empowered to undertake economic activities that benefit themselves and their communities in order to achieve real progress.

2.Political Accord

The second component of the “3 for 1” proposal is political settlement or peace accord which “focuses more on the do-ables in the short term rather than dwell on contentious and divisive issues whose solutions may take a longer time to address.”

Under this component is the proposed creation of a Bangsamoro Commission that will supervise the implementation of the peace pact. This will be composed of the government, the MILF and the stakeholders in the Mindanao peace process.

3.Cultural-historical acknowledgment

“corrects historical narratives and fosters appreciation of different cultures borne out of the struggles of all Filipinos including those of Bangsamoro identity.“

11 characteristics define the proposal:· practicality· partnership arrangements· political comprehensiveness· implementability· good governance· continuous dialogue· empowered autonomy· system of cooperation in ecological and cultural issues· normalization through weapons disarmament and demobilization· public support· historical appreciation

We are not dealing with an ordinary conflictOpening Statement of MILF Peace Panel Chair Mohagher Iqbal25th GPH-MILF Formal Exploratory TalksFeb 13, 20012

…what is consoling to us is that practically all the hard issues are on the table and clear to all parties; for instance, power-sharing, wealth-sharing, territory, and interim period. But if we cannot settle these issues soon, surely, we are heading for more headaches.

The other elements of the proposed Bangsamoro entity – or shall we officially call it now a “More substate or state” – like the establishment of police, internal security force, basic law, and normalization, among others, are equally challenging

Our negotiation is not about solving an ordinary conflict. What we are dealing here is about a deadly armed conflict where thousands upon thousands of people died or injured, and millions of people became homeless – many of whom have not returned to their original dwellings to this day and their lands are taken over by other people.

It is about a home-grown sovereignty-based armed struggle that cannot be simply addressed by giving them cash, houses, or positions in government.

In other words, we cannot just design a formula that is working with ordinary conflict, because the MILF-led struggle is different. The MILF is armed, the MILF, the MILF has the popular backing and support, the MILF has the organization, and the MILF has ideology, which gives its members not only direction and guidance, but the reasons to undertake struggle.

What we are solving is the problem of the Moros, a problem spawned by colonialism and Filipino neo-colonialism.

On the practical side, do we think the MILF will settle for something that is not lasting and is not sure of really solving the problem? Do we think the MILF is willing to disarm and turn over its “12,500 firearms”, granting this government figure is correct, for something that is not sure to happen?

Certainly, we cannot put the collective interests, security, and future of our people at the mercy or tyranny of the future. We need to be sure that what we sign with the government is the one that really addresses the Moro Question and the armed conflict in Mindanao. A half-baked solution is worse than no solution at all.

For almost two years within the Aquino government, we managed to sign only few documents: four joint statements which were worded almost vaguely and terms of references (TOR) for the International Monitoring Team (IMT) and the Humanitarian, Relief, and Development Component of the IMT.

All these documents are certainly important but they are not directly related to the substantive issues of the current peace negotiation that can propel it nearer to its goal.

But seemingly we forgot something very important that despite the rough-sailing in the current peace talks, the parties have already agreed on many things especially on the 11-point formulation that the parties have accepted last December 7, 2011, with GPH’s reservations on three issues, as part of the basic principles of the current negotiation.

In addition, no less than His Excellency President Benigno “Noynoy” Aquino III agreed to the MILF’s proposal to create a ministerial form of government in the future Bangsamoro entity provided that those running that state government are elected directly by the people.

For this reason, I wish to invite my honorable counterpart from the government to consider seriously from now on putting all these agreed points including the 11-point formulation above-mentioned into formal documents and sign them, so we can tell ourselves that indeed we have achieved something and we are moving forward.

Recommendations by other parties:

National Solidarity Conference on Mindanao 2: Finding the Common Ground ( Psychological. Procedural, Substantive)

Mindanao Peaceweavers: Mindanao Peoples’ Peace Agenda

Archbishop Orlando Quevedo, OMI - 7 points - Self-Administered Special Bangsamoro Region

Judge Soliman Santos: simpler Constitutional Amendment for a Bangsamoro Self-Governing Region

Mindanao Peoples’ Caucus: Constitutional Amendment for Sub-State

Moro-IP Reaffirmation of Traditional Peace Pacts

COMIPPA - Coalition of Mindanao Indigenous People for Peace Advocacy and other IP efforts

Women’s Peace Table, other women initiatives based on UNSCR 1325/1820