Joint Statement of the Government of the Republic of the Philippines (GRP) and the Panel for Peace Talks with the CPP/NPA/NDF and the National Democratic Front (NDF Delegation (Breukelen Joint Statement)

• Country/entity

  Philippines
  
• Region

  Asia and Pacific
  
• Agreement name

  Joint Statement of the Government of the Republic of the Philippines (GRP) and the Panel for Peace Talks with the CPP/NPA/NDF and the National Democratic Front (NDF Delegation (Breukelen Joint Statement)
• Date

  14 Jun 1994
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
• Stage

  Pre-negotiation/process
• Conflict nature

  Government
• Peace process

  Philippines-NDF process
• Parties

  GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES OF THE PHILIPPINES
  Howard Q. Dee, Chairman, GRP Panel for Peace Talks with the CPP/NPA/NDF
  Rep. Jose V.Yap, House of Representatives Member, GRP Panel
  Silvestre H. Bello III, Member, GRP Panel
  Rep. Jesus G. Dureza, House of Representatives, Advisor to the GRP Panel
  Teresita L. de Castro, State Counsel, GRP Legal Consultant
  Maria Lorenza G. Dalupan, Executive Director, GRP Panel Secretariat
  
  National Democratic Front of the Philippines
  Luis Jalandoni, NDF Vice Chairperson for International Affairs & Head of NDF Delegation
  Asterio Palima, Member, NDF Delegation
  Coni Ledesma, Member, NDF Delegation
  Ruth de Leon, Member, NDF Delegation
  Fidel Agcaoil, NDF Consultant
  Jose Maria Sison, NDF Consultant
• Third parties

  Atty. Romeo Capulong of the Philippine Peace Center also participated as Legal Consultant.
• Description

  Not an agreement, but an account of the first round of exploratory talks. It provides for future discussion on issues relating to the political status of prisoners, and nature of amnesty granted by GRP particularly contentious. Agreement regarding substance of next round of talks that will be held in the third quarter of 1994.

• Agreement document

  PH_940614_Breukelen Joint Statement.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

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

The GRP Panel headed by Chairman Howard Q. Dee and the NDF Deelgation headed by Vice Chairperson for International Affairs Luis Jalandoni held talks from 10 to 14 June 1994 in Breukelen, The Netherlands.

These talks were held to advance the peace negotiations pursuant to the Joint Declaration of the GRP and the NDF signed on September 1, 1992 in The Hague, The Netherlands (henceforth, The Hague Declaration).

Other participants in the GRP delegation were Representtive Jose V. Yap and Ally Silvestre H Bello III, Panel Members;

Representative Jesus G. Dureza, Panel Adviser;

State Counsel teresila L. de CAstro, GRP Legal Consultant;

and Executive Director Maria Lorenza G. Dalupabn of the GRP Panel Secretariat.

Other participants in the NDF Delegation were Asterio Palima, NDF Representative to.the Nordic countries;

Coni Ledesina, Executive Director,

NDF lnternational Office;

and Ruth de Leon, Members of the Delegation.

Others present during the talks were Professor Jose Maria, Sison and Fidel Agcaoili as NDF Consultants.

Atty Romeo T. Capulong of the Philippine Peace Center also participated as Legal Consulstant.

The GRP and the NDF reaffirmed their adherence to The Hague Declaration.

The discussions were frank and candid.

These allowed for clarification of issues and perspectives on both sides.

Areas of agreement and disagreement were also defined, which include among others the following:

1. Confidence building and goodwill measures

These are measures voluntarily undertaken by either side, not as preconditions to the holding or conduct of peace negotiations, but as means to improe the climate therefor.

1. The NDF asserts that the rights of political prisoners be respected.

The NDF further asserts that political prisoners should not be treated, charged, prosecuted or convicted as common criminals.

Finally, the NDF asserts that the GRP should stop its policy and practice of treating and prosecuting political prisoners as common criminals.

In response, the GRP Panel denies that there are political prisoners.

Further, the GRP Panel reiterates GRP’s policy that offenders who may have committed crimes in pursuit of political ends are to be charged with said “political” crimes as may be warranted by the evidence.

2. The GRP Panel shall transmit to its principal the NDF proposal for the expeditious release of offenders who are found to have committed crimes in pursuit of political objectives, The GRP Panel shall transmit to its principal the NDF proposal for the expeditious release of offenders who are found to have committed crimes in pursuit of political objectives, including those charged and/or convicted of common crimes committed in the pursuit of political objectives.

The NDF shall furnish a nonbinding list of said prisoners/detainees, irrespective of their political affiliations.

3. The GRP Panel acknowledges receipt of the NDF letter dated 10 June 1994 containing the findings of the NDF on the 30 missing military and police personnel of the GRP, and intends to respond to said letter appropriately.

4. The NDF favorably endorses the claims for indemnification of the victims of human rights violations during the Marcos dictatorship for at least 30 percent of the money to be recovered from the Swiss bank deposits of the Marcoses.

The GRP Panel shall report this to its principal:

5. The NDF asserts its integrity and shall consider it a violation of The Hague Declaration if the GRP enters into talks with any person or entity pretending to represent the NDF or any of its organizations.

The GRP asserts its prerogative to adopt its own policy in this matter and in so doing, does not consider it a violation of The Hague Declaration.

II. Issues Discussed

6. The NDF asserts its vigorous objection to the adoption of Proclamation Nos.

347 and 348 as amended by Proclamation No.

377, on the ground that these proclamations violate the letter and spirit of The Hague Declaration, more particularly, paragraph 4 and paragraph 5b which mandate that the subject matter covered by the proclamations properly belong to the substantive agenda of the formal negotiations.

Furthermore, such amnesty program, adopted while peace negotiations are being conducted, impinges upon the organizational integrity of the NDF.

The GRP Panel reasserts its firm position that the issuance of the aforesaid amnesty proclamations, without prejudice to any other amnesty that may result from peace negotiations, does not violate the letter and spirit of The Hague Declaration, including paragraph 4 and 5b therefof.

The GRP takes the position that the said proclamations respond to expressed desires of former rebels for amnesty so that they may live normal lives in peace, and the need to strike an equitable balance through amnesty for agents of the state to promote a climate of national reconciliation.

7. The NDF asserts its objections to Executive Order No.

125 on the ground that it seeks to impose upon the peace negotiations the GRP Constitution as the framework for the peace talks and is in violation of The Hague Declaration.

The GRP Panel reaffirms its position that the GRP commitment to Constitutional process and the Rule of Law as enunciated in Executive Order No.

125 does not violate The Hague Declaration, nor does it mean that it will cite the GRP Constitution as a basis for rejecting what otherwise would be just and valid proposals for reforms in socieity.

If it is shown in fact that certain provisions of the GRP Constitution hinder the attainment of genuine reforms, the GRP Panel is willing to recommend to GRP authorities amendments thereto.

In this context, it is clear that GRP's adherence to Constitutional processes does not constitute the imposition of the GRP Constitution as framework for the peace talks.

8. Both sides recognize the need for further discussion on the provisions of The Hague Declaration that will lead to agreements in order to realize the objectives of The Hague Declaration.

III. Agreement Regarding the Next Round of Talks

9. The GRP Panel and the NDF Delegation shall hold the next round of talks to discuss and agree upon the sequence and operationalization of reciprocal working committees leading towards the formal talks.

10. The GRP Panel and the NDF Delegation hereby agree to adopt safety and immunity guarantees for personnel who will participate in the peace negotiations as negotiations, staffers, consultants and security personnel, and the ground rules for future talks.

Details shall be discussed and agreed upon by both parties in due time.

In regard to the next round of talks, the GRP Panel and the NDF Delegation hereby agree on the following:

10.1 The next round of talks shall be held in the Benelux within the third quarter of 1994.

10.2 The agenda of the next round of talks shall include the following:

a. Opening Statements

b. Review of goodwill and confidence-building measures

c. Review and discussion of issues

d. Safety and immunity guarantees

e. Ground rules for the formal peace negotiations

f. Agreement on specifics of the four major points of the substantive agenda;

g. Agenda of the first formal peace negotiations

1) Exchange of credentials

2) Sequence in the formation of the reciprocal working committees

3) Formation of the GRP Panel and NDF Panel reciprocal working committees that shall be agree upon

4) Sequence of discussions of the items under each majority heading

h. Date and venue of the opening of the formal peace negotiations.

GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES OF THE PHILIPPINES

Howard Q. Dee, Chairman, GRP Panel for Peace Talks with the CPP/NPA/NDF

Rep. Jose V.Yap, House of Representatives Member, GRP Panel

Silvestre H. Bello III, Member, GRP Panel

Rep. Jesus G. Dureza, House of Representatives, Advisor to the GRP Panel

Teresita L. de Castro, State Counsel, GRP Legal Consultant

Maria Lorenza G. Dalupan, Executive Director, GRP Panel Secretariat

National Democratic Front of the Philippines

Luis Jalandoni, NDF Vice Chairperson for International Affairs & Head of NDF Delegation

Asterio Palima, Member, NDF Delegation

Coni Ledesma, Member, NDF Delegation

Ruth de Leon, Member, NDF Delegation

Fidel Agcaoil, NDF Consultant

Jose Maria Sison, NDF Consultant