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Resolution on the Peace Negotiations between
the Government of the Republic of the Philippines (GRP) and
the National Democratic Front of the Philippines (NDFP),
The JASIG, the CARHRIHL, and the Joint Monitoring Committee
International Association of People's Lawyers
16 October 2006
Whereas, the Government of the Republic of the Philippines (GRP) and the National
Democratic Front of the Philippines (NDFP) have engaged in formal negotiations since
1992 to resolve the roots of the armed conflict in the Philippines;
Whereas, in the Joint Declaration signed on September 1, 1992 in The Hague, the
parties to the armed conflict have agreed that the "holding of peace negotiations
must be in accordance with mutually acceptable principles, including national sovereignty,
democracy and social justice;"
Whereas, the parties have also agreed in The Hague Joint Declaration of 1992 that the
substantive agenda of the formal peace negotiations shall be on human rights and
international humanitarian law, socio-economic reforms, political and constitutional
reforms and end of hostilities and disposition of forces;
Whereas, The Hague Joint Declaration of 1992 has never been repudiated by either
party as the framework of the peace negotiations in 14 years of negotiations;
Whereas, the parties have forged in 1998 a landmark Comprehensive Agreement on
Respect for Human Rights and International Humanitarian Law (CARHRIHL), the first
comprehensive agreement in the substantive agenda of the peace negotiations;
Whereas, the GRP-NDFP peace negotiations have produced 15 other major and
minor bilateral agreements;
Whereas, the parties under the CARHRIHL have obligated themselves to adhere
to and be bound by the principles and standards embodied in international instruments
on human rights and the generally accepted principles and standards of international
humanitarian law;
Whereas, in order to monitor its implementation, the CARHRIHL provided for the
formation of a Joint Monitoring Committee which shall meet every three months
and as often as deemed necessary by the co-chairpersons due to an urgent issue
or complaint;
Whereas, the NDFP postponed the scheduled round of formal talks in August 2004
to allow or give time to the GRP to fulfill its obligations as stated in the Oslo Joint
Statements of 2004;
Whereas, these prejudicial issues stated include the failure to indemnify human
rights victims under the Marcos regime, the non-release of political prisoners, the
failure to take effective measures against the "terrorist" listing of the Communist
Party of the Philippines/New People's Army and NDFP chief political consultant Prof.
Jose Ma. Sison as well as his continuing political persecution; and the series of political
killings of farmers, workers, activists, partylist members, churchpeople, lawyers and
journalists;
Whereas, the GRP demand for a prolonged ceasefire as a precondition to the resumption
of formal talks violates the principle enshrined in The Hague Joint Declaration that "no
precondition shall be made to negate the inherent character and purpose of the peace
negotiations;"
Whereas, the GRP responded to the NDFP postponement by suspending formal
negotiations in December 2004;
Whereas, the JMC has not met after April 15, 2004 because of the insistence of the
GRP that the JMC can meet only if there are formal negotiations which is contrary to
the provisions in the CARHRIHL on the JMC;
Whereas, the GRP unilaterally suspended the Joint Agreement on Safety and Immunity
Guarantees (JASIG) on August 2005 in violation of the provisions of the JASIG itself;
Whereas, in the wake of the unilateral suspension by the GRP of JASIG, NDFP negotiators,
consultants and staffers have either been killed, abducted or charged with rebellion in
violation of the JASIG such as the killing of Sotero Llamas and the abductions of
Leopoldo Ancheta, Ariel Beloy, Rogelio Calubad, and Prudencio Calubid;
Whereas, President Gloria Macapagal-Arroyo ordered on June 16, 2006 the Armed Forces
of the Philippines (AFP) to wipe out the New People's Army (NPA) within two years and
authorized the release of PhP 1 Billion to buy Huey helicopters, attack helicopters and
other aircraft;
Whereas, this order by President Arroyo have resulted in more civilian deaths and other
violations of international humanitarian law as in other conflict situations where aerial
bombardment was heavily used;
Whereas, despite the suspension of formal talks, the Joint Secretariat of the JMC has
continued to receive numerous complaints of violations of the CARHRIHL from all parts
of the Philippines;
Whereas, there is clamor by the victims and their families to take up, investigate and
resolve these complaints, especially in the context of the unabated cases of summary
executions and abductions;
Whereas, despite the failure of the JMC to meet, the NDFP has made repeated offers
to the GRP to form an ad-hoc committee to be composed of the independent observers
to the JMC as well as representatives of the Royal Norwegian Government and the
International Committee of the Red Cross (ICRC) to investigate specific cases of summary
executions and forced disappearances but the GRP has refused these only belatedly,
insisting that they are not within the mandate of the JMC;
WHEREFORE, we, delegates to the 3rd Congress of the International Association of
People's Lawyers (IAPL) resolve, as it is hereby resolved, to call and enjoin for the
" Immediate resumption of formal talks in the peace negotiations within the framework
of The Hague Joint Declaration of 1992;
" Full implementation of the CARHRIHL by convening the JMC, investigating the complaints
filed and to undertake the most immediate, adequate and effective measures to address
these complaints; and
" Respect for the integrity of the negotiations by ensuring the immunity and safety of all
participants in the peace negotiations, including staffers and consultants.
We further resolve to reiterate and confirm previous similar resolutions issued by the IAPL
Board of Governors as well as the IAPL 2nd Congress in 2003 on the matter of the violations
of human rights and international humanitarian law committed by State forces and agents
under the Philippine government of President Arroyo, on the peace negotiations, the
CARHRIHL, on the continuing political persecution of NDFP Chief Political Consultant Prof.
Sison and on the similar attacks on those involved in the peace negotiations.
Adopted this 16th day of October 2006, Davao City, Philippines.
INTERNATIONAL ASSOCIATION OF PEOPLE'S LAWYERS
Oudegracht 36
3511 AP Utrecht
The Netherlands
Tel & Fax: +31-30-2145593
Email: [email protected]
Website: http://www.iapl.net
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