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POW 14Dec.Pmd 123 1/22/2010, 1:19 AM 124 NDFP Adherence to International Humanitarian Law on Prisoners of War (POWs) Education Series No. 3 NDFP Human Rights Monitoring Committee December 2009 123 POW 14Dec.pmd 123 1/22/2010, 1:19 AM www.theirwords.org 124 POW 14Dec.pmd 124 1/22/2010, 1:19 AM www.theirwords.org Contents Preface to the Revised Edition ................................................................................................. vii By Fidel V. Agcaoili Chairman, NDFP Human Rights Monitoring Committee 10 December 2009 On the Release of POWs Gen. Victor Obillo, Capt. Eduardo Montealto, et al. and the “NDFP Position on the Prisoners of War and the GRP-NDFP Peace Negotiations” Preface ................................................................................................................................................... 2 By Jose Maria Sison NDFP Chief Political Consultant May 1999 NPA Captures Army General ........................................................................................................ 6 Balita ng Malayang Pilipinas News Agency 18 February 1999 Gen. Obillo Is a Combatant Who Has Fallen into the Power of the NPA .............. 8 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 19 February 1999 Mr. Estrada Must Pay Attention to the NDFP Announcement ................................. 10 By Jose Maria Sison NDFP Chief Political Consultant 21 February 1999 Legal and Judicial Processes of the People’s Democratic Government Are Applicable on Gen. Obillo and Capt. Montealto ..................................................... 12 By the National Executive Committee National Democratic Front of the Philippines 22 February 1999 Estrada Is Responsible for Foreclosing Negotiations Over the POWs and for Ending the Peace Negotiations............................................................................... 14 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 24 February 1999 In the Name of God the Beneficent, the Merciful, Dialogue Not War Is the Best Way to Free General Obillo, et al. ................................................................... 16 By Mohagher Iqbal Chairman, Department of Information Central Committee, MILF 24 February 1999 125 POW 14Dec.pmd 125 1/22/2010, 1:19 AM www.theirwords.org Indictment of Gen. Obillo and Capt. Montealto ............................................................. 18 1 March 1999 NDFP Welcomes Appeal for Negotiated Settlement ..................................................... 22 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 3 March 1999 Police Major Bernal Is a Prisoner of War in the Custody of the NPA ................... 23 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 7 March 1999 The Question of Releasing Prisoners of War Is Necessary and Appropriate Subject in Peace Negotiations ............................................................. 25 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 12 March 1999 Communique of NDFP Negotiating Panel and Archbishop Capalla Humanitarian Mission ............................................................... 27 17 March 1999 Memorandum of Agreement on the Release of AFP Brig. General Victor Obillo, AFP Captain Eduardo Montealto, PNP Major Roberto Bernal and AFP Sergeant Alipio Lozada .................................... 29 17 March 1999 NDFP Position on the Prisoners of War and the GRP-NDFP Peace Negotiations ............................................................................... 34 18 March 1999 NDFP to Release Prisoners of War on Humanitarian Grounds ................................. 38 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 18 March 1999 Communique on Dialogue of NDFP Negotiating Panel with PIC Supreme Bishop and NCCP General Secretary .............................................. 39 19 March 1999 NDFP Orders of Ceasefire and Release of Prisoners of War Are Signed and Ready for Implementation ....................................................................... 41 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 24 March 1999 NDFP Warns Against Post-Release Offensives by GRP.................................................. 42 By the National Executive Committee National Democratic Front of the Philippines 7 April 1999 126 iv POW 14Dec.pmd 126 1/22/2010, 1:19 AM www.theirwords.org NDFP Panel Commends Successful Release of Bernal and Announces Scheduled Releases of Other Prisoners of War ................................................................ 44 By Luis Jalandoni Chairperson, NDFP Negotiating Panel 10 April 1999 On the Release of General Obillo and Capt. Montealto .............................................. 46 By Jose Maria Sison NDFP Chief Political Consultant 17 April 1999 NDFP, NPA Release Gen. Obillo, Other AFP, PNP Men Held as POWs .................... 48 By Antonio Zumel Senior Adviser, NDFP Negotiating Panel 20 April 1999 On POWs Maj. Noel Buan and Police Inspector Abelardo Martin and the “Updated NDFP Position on the Issue of Prisoners of War and the GRP-NDFP Peace Negotiations” Joint Press Communique ............................................................................................................. 64 12 January 2000 Memorandum of Understanding for the Release of GRP (AFP) Major Noel Buan and GRP (PNP) Chief Inspector Abelardo Martin and the Possible Resumption of the GRP-NDFP Peace Talks ..................................... 66 12 January 2000 Updated NDFP Position on the Issue of Prisoners of War and the GRP-NDFP Peace Negotiations ............................................................................... 73 By Luis Jalandoni Chairperson of the Panel National Democratic Front of the Philippines 10 January 2000 Gross and Systematic Violations of Human Rights and International Humanitarian Law by the Estrada Regime ......................................................................... 81 10 January 2000 The Estrada Regime Is the Major Impediment to the Release of PCI Abelardo Martin ................................................................................ 83 By Ka Bart Spokesperson, Melito Glor Command New People’s Army, Southern Tagalog 15 February 2000 127 v POW 14Dec.pmd 127 1/22/2010, 1:19 AM www.theirwords.org Martin Died in Bungled Army Operation, Villagers’ Accounts Suggest ............... 85 By Sandra Nicolas bulatlat.com March 2001 Congratulations to All Involved in the Safe and Orderly Release of Major Buan ................................................................................................................. 90 By Jose Maria Sison NDFP Chief Political Consultant 6 April 2001 On the Humane Treatment of POWs by the NPA Memo of Melito Glor Command on Policy Towards Prisoners of War.................. 92 On the Release of Prisoner of War (POW) Maj. Neptune Elequin ........................... 94 3 February 2006 Open letter to Mrs. Mariel Cammayo and Mrs. Ma. Luisa Tumol (Wives of POW 1st Lt. Vicente P. Cammayo and POW P03 Eduardo Tumol) ..................... 98 7 December 2008 Just and Humane: The Revolutionary Movement’s Treatment of POWs ........... 101 By Ignacio Alano October 2009 Partial List of Prisoners of War of the NPA .................................................................... 105 Appendix European Parliament Resolution on the Philippines ................................................... 114 14 January 1999 NDFP Order of Release of Brig. Gen. Obillo ..................................................................... 116 20 March 1999 NDFP Order to Cease and Desist from Offensive Military Operations ................ 118 20 December 1999 AFP Suspension of Offensive Military Operations ........................................................ 119 30 March 1999 PNP Suspension of Offensive Police Operations .......................................................... 120 31 March 1999 Handover Certificate for Maj. Buan ................................................................................... 121 6 April 2001 128vi POW 14Dec.pmd 128 1/22/2010, 1:19 AM www.theirwords.org Preface to the Revised Edition By Fidel V. Agcaoili Chairman NDFP Human Rights Monitoring Committee 10 December 2009 In May 1999, the NDFP International Information Office in Utrecht, The Netherlands, published an 85-page pamphlet entitled NDFP Adher- ence to International Humanitarian Law on Prisoners of War. It consisted of statements and documents on the capture, investigation and release of members of the Government of the Republic of the Philippines (GRP) security forces, namely, Philippine Army (PA) Brigadier General Victor Obillo, PA Capt. Eduardo Montealto, Philippine National Police (PNP) Major Roberto Bernal and PA Sergeants Alipio Lozada and Wivino Demol – all prisoners of war (POWs) of the New People’s Army (NPA) held in different parts of the country in the first quarter of 1999. The pam- phlet clearly demonstrated the compliance of the National Democratic Front of the Philippines (NDFP) with the Geneva Conventions of 1949 and their Protocols on the issue of prisoners of war. The present book, the third in the Education Series of the NDFP Hu- man Rights Monitoring Committee, is a revised and updated version of that publication. It seeks to supplement the original pamphlet with new experiences and data, including photographs, to affirm the adherence of the NPA and the local organs of political power to International Humani- tarian Law (IHL) in the just and humane handling and treatment of POWs. The NDFP Human Rights Monitoring Committee hopes that this informative and educational material will be of
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