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.
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.
THEME MATCHING
GPH RWC SER PROPOSAL
GPH
NDFP
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
ENVIRONMENTAL PROTECTION
AGRARIAN REFORM and
AGRICULTURAL DEVELOPMENT
ENVIRONMENTAL PROTECTION,
REHABILITATION and
COMPENSATION
INDIGENOUS PEOPLE
SOCIAL PROTECTION
EFFICIENT DELIVERY OF
SERVICES
RIGHTS of the WORKING PEOPLE,
LIVELIHOOD, and SOCIAL
SERVICES
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 (RWCSER) 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 liar
Fidel Agcaoili
Member and Spokesperson
NDF-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.
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. Jalandoni
Chairperson, 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 negotiations
Draft 16 January 2012
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.
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 the
MILF FINAL WORKING DRAFT
ON COMPREHENSIVE COMPACT
MILF PEACE PANEL DIALOGUE WITH CATHOLIC BISHOPS
30 March 2011 / BUC Office, Matina Davao City
PART 1: Principles and Transitions
•
•
•
•
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
• ARTICLE V
Aims of the Negotiations
Principles and Purposes
Transitional Arrangements
Preparatory Transfer
of Authority
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 VIII Representation 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
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
Bangsamoro Basic Law
Basic Rights and Safeguards
Administration of Justice
Policing and Security
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 XIV
• ARTICLE XV
• ARTICLE XVI
Wealth Sharing
Arrangements
(Finance)
Financing the
Transition
Patrimony 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 conflict
Opening Statement of MILF Peace Panel Chair Mohagher Iqbal
25th GPH-MILF Formal Exploratory Talks
Feb 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 MILFled 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 neocolonialism.
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 - SelfAdministered 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