The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues
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CONTENTS Preface ..................................................... 1 By Prof. Jose Maria Sison Chief Political Consultant NDFP Negotiating Panel I. Major Written Agreements in the GRP-NDFP Peace Negotiations 1 (The Hague) Joint Declaration ............................ 5 September 1, 1992 2 (The Breukelen) Joint Statement of the Government of the Republic of the Philippines (GRP) Panel for Peace Talks with the CPP/NPA/NDF and the National Democratic Front (NDF) Delegation ....................... 7 June 14, 1994 3 Joint Agreement of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) on Safety and Immunity Guarantees ...................... 12 February 24, 1995 4 Agreement on the Ground Rules of the Formal Meetings Between the GRP and NDFP Panels ............. 17 February 26, 1995 5 Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWCs) of the GRP and the NDFP Negotiating Panels ....................... 21 June 26, 1995 6 Additional Implementing Rules Pertaining to the Documents of Identification ....................... 27 June 26, 1996 7 Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agreement) .. 29 March 18, 1997 book 8 TIFF.pmd 195 8/23/2011, 11:26 AM 196 The GRP-NDFP Peace Negotiations 8 Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law Between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines ..... 32 March 16, 1998 9 Additional Implementing Rules of the Joint Agreement on Safety and Immunity Guarantees (JASIG) Pertaining to the Security of Personnel and Consultations in Furtherance of the Peace Negotiations ................ 44 March 16, 1998 10 Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes ...... 48 March 16, 1998 11 Joint Statement by the Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) .............. 51 March 9, 2001 Annex A: Agreements of the GRP and the NDFP from 1992 to 1998 ...................................... 53 12 Oslo Joint Communique ................................ 54 April 30, 2001 13 Joint Statement to Resume Formal Talks on the GRP-NDFP Peace Negotiations.................... 56 January 13, 2004 14 Oslo Joint Statement ................................... 58 February 14, 2004 Annex A. The Role of the Third Party Facilitator ........... 63 Annex B. Operational Guidelines for the Joint Monitoring Committee .................................. 64 February 14, 2004 15 The Second Oslo Joint Statement........................ 67 April 3, 2004 Annex "A" List of Prisoners and Detainees ............... 73 Annex "B" Text of Proposed Amendment to the Custodianship Agreement between book 8 TIFF.pmd 196 8/23/2011, 11:26 AM the Republic of the Philippines and Philippine National Bank executed on January 30, 2004 .............. 74 16 Partial Supplementary Guidelines for the Joint Monitoring Committee ..................... 75 June 24, 2004 17 Memorandum of Understanding between the Government of the Republic of the Philippines (GRP), the National Democratic Front of the Philippines (NDFP) and the Third Party Facilitator, the Royal Norwegian Government........ 76 June 25, 2004 18 NDFP Communique ..................................... 77 June 25, 2004 II. Outstanding Issues 1 Why the CPP and NPA Are Not Terrorist Organizations .... 82 By the NDFP Negotiating Panel, September 16, 2002 2 NDFP Condemns US “Terrorist” Tag on the CPP, NPA and Jose Ma. Sison ..................... 86 By the NDFP National Executive Committee, September 21, 2002 3 Macapagal-Arroyo Is Prejudicing Resumption of GRP-NDFP Peace Negotiations ........................ 88 By Prof. Jose Maria Sison, January 28, 2003 4 NDFP Formally Protests, Denounces GMA Government’s Role in Terrorist Listing .............. 90 February 21, 2003 5 The Meaning, Scope and Implications of the Oslo Joint Statement on the “Terrorist” Listings of the Communist Party of the Philippines (CPP), the New People’s Army (NPA), and the Chief Political Consultant of the National Democratic Front of the Philippines (NDFP) .............. 92 By Romeo T. Capulong, March 2004 6 NDFP Desires Resumption of Formal Talks But GRP Sets Capitulation as Precondition ............... 99 By Fidel V. Agcaoili, December 19, 2004 book 8 TIFF.pmd 197 8/23/2011, 11:26 AM 198 The GRP-NDFP Peace Negotiations 7 Long-Term Truce Is Possible If There Are Basic Reforms ... 101 By Prof. Jose Maria Sison, December 21, 2004 8 US and Arroyo Regime Are Poised to End the GRP-NDFP Peace Negotiations...................... 103 By Prof. Jose Maria Sison, February 4, 2005 9 GMA Has No Political Will to Negotiate Basic Socio-Economic Reforms ......................... 105 By Luis G. Jalandoni, February 7, 2005 10 NDFP for Resumption of Formal Talks in Accordance with Bilateral Agreements ................ 107 By Luis G. Jalandoni, May 31, 2005 11 Prejudicial Questions and Proposals of the NDFP ........ 109 By Prof. Jose Maria Sison, June 21, 2005 12 Distinction Between Postponement of Formal Talks and Continuity of GRP-NDFP Peace Negotiations Is Important ........... 115 By Prof. Jose Maria Sison, August 6, 2005 13 NDFP Proposes Concise Agreement to End Civil War and Achieve Just Peace Immediately ........... 118 By the NDFP National Council, August 27, 2005 14 Current Tactics of the Arroyo Regime in the GRP-NDFP Peace Negotiations ................... 121 By Luis G. Jalandoni, August 28, 2005 15 GRP Should Accept NDFP Proposal of 10-Point Concise Agreement For Immediate Just Peace ........... 123 By Prof. Jose Maria Sison, August 28, 2005 16 NDFP Denounces EU "Terrorist Listing" of the CPP, NPA and NDFP Chief Political Consultant ................ 125 By the NDFP National Executive Committee, December 3, 2005 17 The GRP-NDFP Peace Talks and Current Outstanding Issues ........................ 130 By Luis G. Jalandoni, December 7, 2005 book 8 TIFF.pmd 198 8/23/2011, 11:26 AM 18 NDFP Condemns Treachery of Arroyo Regime in Converting Into a List of Arrest the JASIG List of Duly-Authorized Persons ............... 139 By Luis G. Jalandoni, March 16, 2006 19 Arroyo Regime Kills GRP-NDFP Peace Negotiations ...... 141 By Prof. Jose Maria Sison, March 18, 2006 III. The Work of the Joint Monitoring Committee 1 Statement by the Joint Monitoring Committee Formed to Monitor the Implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) .......................... 146 April 15, 2004 2 Statement by the Joint Monitoring Committee on the Opening of the Office of its Joint Secretariat ..... 147 June 4, 2004 3 Email Exchanges Between the JMC Co-Chairpersons ..... 149 4 On the 1st Anniversary of the Opening of the Joint Secretariat of the Joint Monitoring Committee of the CARHRIHL ................ 160 By Luis G. Jalandoni, June 4, 2005 5 Letter of the NDFP-Nominated Section of the Joint Secretariat to the GRP’s Department of Justice .......... 163 March 8, 2006 IV. Chronology and Timeline Study 1 Chronology of the GRP-NDFP Peace Negotiations: 1988-2006 ......................... 167 By the Philippine Peace Center 2 Timeline Study of GRP-NDFP Peace Negotiations from 31 August 1992 to 31 March 2006 ................... 187 Based on the Timeline Study Prepared by the Philippine Peace Center book 8 TIFF.pmd 199 8/23/2011, 11:26 AM 200 The GRP-NDFP Peace Negotiations The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues book 8 TIFF.pmd 200 8/23/2011, 11:26 AM PREFACE By Prof. Jose Maria Sison Chief Political Consultant NDFP Negotiating Panel March 30, 2006 The Section nominated by the National Democratic Front of the Philippines (NDFP) in the Joint Monitoring Committee, which has been created under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), performs an important public service by putting together in this book all the major written agreements made by the NDFP with the Government of the Republic of the Philippines (GRP) prior to and during the formal stage of the peace negotiations and other documents which define outstanding issues. By presenting the agreements, the book proves that the GRP and NDFP are capable of making them within the framework established by The Hague Joint Declaration in 1992. So far, the most important agreement made by the negotiating parties is CARHRIHL, which accomplishes the first item in the substantive agenda of the peace negotiations. By presenting the documents on outstanding issues, the book makes clear what are the problems to solve in order to allow the resumption of formal talks. The chronology of the course of the peace negotiations prepared by the Philippine Peace Center further identifies the specific events that have caused delays in the progress of the talks. The book stands as a repository of knowledge no matter how long the GRP-NDFP negotiations remain stalled. By all signs, the GRP under the Arroyo regime is hell-bent on killing the peace negotiations. Already thoroughly bankrupted by the US-dictated policy of “free market” globalization, the Arroyo regime is banking on US military assistance and intervention under the so- called policy of “permanent war on terror” in order to destroy the people’s democratic government and the revolutionary