Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes

  • Country/entity
    Philippines
  • Region
    Asia and Pacific
  • Agreement name
    Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes
  • Date
    16 Mar 1998
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Philippines-NDF process
  • Parties
    The Government of the Republic of the Philippines:

    By Amb Howard Q. Dee; Chairperson, GRP Negotiating Panel
    Rep. Jose V. Yap, Member
    Sec Silvestre H. Bello III, Member
    Atty. Rene V. Sarmiento, Member
    Ms Zenaida H. Pawid, Member

    The National Democratic Front of the Philippines:

    By: Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel
    Fidel V. Agcaoili, Member
    Coni K. Ledesma, Member
    Asterio B. Palima, Member
    Jojo S. Magdiwang, Member
  • Third parties
    Witnesses:

    Hon. Jose C. De Venecia, Speaker, House of Representatives GRP
    Jose Maria Sison, Chief Political Consultant, NDFP Negotiating Panel
    Usec. A. Wilfredo Clemente, DECS, GRP
    Antonio L Zumel, Senior Adviser NDFP Negotiating Panel
    Ms. MA. Carla L. Munsayac, Executive Director III, GRP Negotiating Panel Secretariat
    Romeo T. Capulong, General Counsel, NDFP Negotiating Panel
  • Description
    GRP agree to respect, encourage and extend appropriate support to private development organisations and institutes carrying out various programmes, projects and activities including those aimed at promoting a just and lasting peace; to engage in research and planning for the Filipino people’s empowerment and development; to promote respect for human rights and relief and undertaking relief and rehabilitation programmes. Agreed that the organisations would raise, manage and use such financial resources as necessary, and would have access to such sources of funding and resources as are available to similar organisations in the Philippines and abroad.


Groups

  • Children/youth
    Groups→Children/youth→Rhetorical
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers
    Groups→Migrant workers→Rhetorical
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people
    Groups→Indigenous people→Rhetorical
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class
    Groups→Social class→Rhetorical
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

Gender

  • Women, girls and gender
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3. To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    [Note: Entirety of agreement provides for government to 'respect, encourage and support' development activities of private development organisations:]

    Page 1, Article 1. Respect, Encouragement and Support
    Section 1. The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:
    1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural development;
    1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make recommendations on the basis of such studies and planning;
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
    1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

    Page 2, Article 1. Respect, Encouragement and Support
    1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;
    1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
    1.7 To cooperate with other entities that are genuinely committed to advancing the rights and interest of the people; and
    1.8 To carry out such other aims and purposes as are related to the foregoing.

    Page 2, Article 1. Respect, Encouragement and Support
    Section 2. The aforesaid organizations and institutes, hereinafter referred to as the “organizations”, shall be self-governing and independent, as may be provided for in their respective charters. In order to transact business and carry on their work, they shall take an appropriate legal status and juridical personality.

    Page 2, Article 1. Respect, Encouragement and Support
    Section 3. The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations. Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.

    Page 2, Article 2
    [...]
    Section 2. The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, Article 1. Respect, Encouragement and Support
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
    1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

    Page 2, Article 1. Respect, Encouragement and Support
    [...]
    1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    Page 1, Article 1. Respect, Encouragement and Support, Article 1
    [...]
    1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

    Page 2, Article 1. Respect, Encouragement and Support
    Section 3. The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations. Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, Article 1. Respect, Encouragement and Support
    Section 1. The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:
    1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural development;
    1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make recommendations on the basis of such studies and planning;
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 2, Article 2. Funding and Resources
    [...]
    Section 2. The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment
    Page 1, Article 1. Respect, Encouragement and Support
    [...]
    1.3. To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 2, Article 1. Respect, Encouragement and Support
    [...]
    1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
  • Vetting

    No specific mention.

  • Victims
    Page 1-2, Article 1. Respect, Encouragement and Support
    [...]
    1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;
    [...]
    1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;
  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, Article 3. General Provisions
    Section 3,
    [...]
    The GRP and the organizations concerned shall work out the modalities of implementation.
  • Related cases

    No specific mention.

  • Source
    The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues, pp. 48-50.

    UN Peacemaker [http://peacemaker.un.org/philippines-agreement-socioeconomic98]

Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes

This Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes is being entered into by and between:

The Government of the Republic of the Philippines, hereinafter referred to as the GRP, through its Negotiating Panel headed by its Chairperson, Howard Q. Dee

and

The National Democratic Front of the Philippines, hereinafter referred to as the NDFP, through its Negotiating Panel headed by its Chairperson, Luis G. Jalandoni.

Whereas, both Parties are desirous of assisting private development organizations and institutes engaged in programs, projects and activities for the Filipino people’s empowerment and for their socioeconomic development;

and

Whereas, these organizations and institutes are beneficial to the people and are helpful in laying the ground for a just and lasting peace.

Now therefore, for and in consideration of the foregoing premises, the Parties hereby agree as follows:

Article I

Respect, Encouragement and Support

Section 1.

The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:

1.1 To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural

development;

1.2 To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make

recommendations on the basis of such studies and planning;

1.3 To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

1.4 To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

1.5 To promote rural and urban cooperatives among the poor in order to make them self-reliant and allow them to raise their standard of living;

1.6 To generate the means of livelihood or employment for victims of human rights violations and released political detainees;

1.7 To cooperate with other entities that are genuinely committed to advancing the rights and interest of the people;

and

1.8 To carry out such other aims and purposes as are related to the foregoing.

Section 2.

The aforesaid organizations and institutes, hereinafter referred to as the “organizations”, shall be self-governing and independent, as may be provided for in their respective charters.

In order to transact business and carry on their work, they shall take an appropriate legal status and juridical personality.

Section 3.

The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations.

Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.

Article II

Funding and Resources

Section 1.

The organizations shall raise, manage and use such financial and other resources as necessary to be able to carry out their programs, projects and activities.

Section 2.

The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.

Article III

General Provisions

Section 1.

This Joint Agreement is being entered into in accordance with The Hague Joint Declaration.

Section 2.

The obligations arising from the provisions of this Joint Agreement shall become effective and binding upon the approval hereof by the respective Principals of the GRP and NDFP Negotiating Panels.

Section 3.

The Negotiating Panels or representatives of both Parties may consult each other regarding organizations to be assisted under this Agreement and execute such additional joint agreements or undertakings as may be necessary to implement this Agreement.

The GRP and the organizations concerned shall work out the modalities of implementation.

Done on the 16th day of March 1998 in The Hague, The Netherlands.

The Government of the Republic of the Philippines:

By Amb Howard Q. Dee;

Chairperson, GRP Negotiating Panel

Rep. Jose V. Yap, Member

Sec Silvestre H. Bello III, Member

Atty.

Rene V. Sarmiento, Member

Ms Zenaida H. Pawid, Member

The National Democratic Front of the Philippines:

By: Luis G. Jalandoni, Chairperson, NDFP Negotiating Panel

Fidel V. Agcaoili, Member

Coni K. Ledesma, Member

Asterio B. Palima, Member

Jojo S. Magdiwang, Member

Witnesses:

Hon. Jose C. De Venecia, Speaker, House of Representatives GRP

Jose Maria Sison, Chief Political Consultant, NDFP Negotianting Panel

Usec.

A. Wilfredo Clemente, DECS, GRP

Antonio L Zumel, Senior Adviser NDFP Negotiating Panel

Ms. MA.

Carla L. Munsayac, Executive Director III, GRP Negotiating Panel Secretariat

Romeo T. Capulong, General Counsel, NDFP Negotiating Panel.