NDFP COMMUNIQUE, 25 June 2004
Negotiating Panel
National Democratic Front of the Philippines
June 26, 2004
The Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) held formal talks from 22 to 25 June 2004, in Oslo, Norway. They agreed to issue separate communiques.
The Royal Norwegian Government acted as host and Third Party Facilitator of the talks. Its delegation was headed by Tore Hattrem, Deputy Director General of the Ministry of Foreign Affairs.
The Panels held discussions and agreed as follows:
1. Effective measures regarding the "terrorist" listing of the CPP/NPA and the NDFP chief political consultant
In accordance with the Oslo Joint Statements I and II, the Parties reaffirmed that they uphold the principles of national sovereignty and non-capitulation in the Hague Joint Declaration, the safety and immunity guarantees in the Joint Agreement on Safety and Immunity Guarantees (JASIG) and the Hernandez political offense doctrine in the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).
The NDFP panel declared that it was timely to step up effective measures in view of the impending review of the "terrorist" listing of the CPP/NPA and the NDFP Chief Political Consultant in August 2004 by the US government. The NDFP proposed that the GRP undertake certain effective measures within the executive power and discretion of the GRP.
The NDFP panel further proposed that such measures should underscore the mutual obligation of the parties to uphold the national sovereignty of the Filipino people, respect for the rights of participants in the peace negotiations to safety and immunity guarantees and compliance with the Hernandez doctrine on political offense. The GRP panel agreed to consider adopting the aforesaid effective measures.
2. Release of political prisoners
The GRP reported that out of the 32 political prisoners it committed to release on or before May 5, 2004, ten (10) were released on the strength of the Second Oslo Joint Statement, seven (7) were either earlier released or posted bail. Fifteen (15) remain in detention and their cases are still being studied. The GRP remains committed to continuously review the cases of the political prisoners including the Mamburao 7. The Parties discussed extensively the case of Eduardo Serrano and explored ways to effect his release.
In accordance with the two Oslo Joint Statements, the NDFP urged the GRP to effect as a goodwill measure the release of the 270 political prisoners in an updated list submitted by KARAPATAN.
3. Indemnification of human rights victims under the Marcos regime
The GRP Panel reported that according to the Department of Budget and Management the forfeited Marcos ill-gotten money deposited in the PNB had been transferred to the Land Bank of the Philippines and the Bangko Sentral ng Pilipinas in a separate special account from the General Fund.
The NDFP panel urged the GRP panel to advise its principal to carry out executive measures to realize the compensation of victims of human rights violations of the Marcos regime who won their human rights case against Marcos in the US. As alternative, the GRP shall ensure that the pertinent legislative bill shall be certified and endorsed by its principal as urgent.
4. Joint Monitoring Committee (JMC), Joint Secretariat, Draft Rules of Procedures and related matters
The Joint Secretariat (JS) of the Joint Monitoring Committee (JMC) has been formally constituted. An office has been set up and the Joint Secretariat has began to perform its tasks under the separate direction and guidance of the concerned Joint Monitoring Committee.
The Parties agreed to ask the Third Party Facilitator to play a constructive role in the work of the JMC similar to that which it performs in the formal talks between the two Panels.
The Parties agreed that the draft rules of procedure previously initialled by the co-chairpersons of the JMC is to be replaced by a new document to be called "Supplemental Guidelines for the JMC".
The Parties affirmed that Irein Cuasay, a member of the NDFP Nominated Section to the Joint Secretariat, is covered by the JASIG.
The Parties agreed that the six contracted staff and personnel of the NDFP Nominated Section to the JS of the JMC are covered by JASIG and the corresponding acknowledgment for their documents of identification shall be forthwith issued by the GRP.
5. Work of the Reciprocal Working Committees on Socio-Economic Reforms
The Panels discussed proposed changes to the common draft of the Guidelines for the Work of RWCs-SER and their Sub-Committees of 1 April 2004:
a. The following reformulation of D. 1. (Mode and Venue of Meetings)
Sub-committees of the two RWCs may meet for consultations, subject to the agreement of the two RWCs and upon the prior approval of their respective panels, to facilitate reformulation of common formulations of provisions on certain contentious issues and concerns.
b. Agreed to add explicit provision on safety and immunity guarantees for all consultants, staff and resource persons.
c. Agreed to make a review of the time table for finishing the common draft of the Comprehensive Agreement on Social and Economic Reforms before the end of July.
6. Separate consultations of each panel with the Third Party Facilitator
Each party held separate consultations with the 3rd party facilitator. Both consultations dealt with matters of mutual interest for the furtherance of the peace negotiations.
7. Other issues and concerns related to the peace talks
The two negotiating panels gave brief reports on the case of 12-year-old Levi Mabanan who is now reunited with his family.
The GRP Negotiating Panel presented the International Committee of the Red Cross (ICRC) Philippine Delegation's letter of concern for the welfare of two AFP personnel held in custody by the New People's Army. The NDFP Negotiating Panel reported a complaint of an ICRC unit in Mindanao who said it was harassed by GRP armed forces while they were trying to retrieve a hors de combat.
8. Date, venue and agenda of the next round of formal talks
The Parties agreed to hold the next round of formal talks in the last week of August 2004. The foreign neutral venue, agenda and other details of the next formal talks shall be discussed and agreed upon b the Chairpersons of the Negotiating Panels in consultation with the Royal Norwegian Government.
Issued on behalf of the NDFP Negotiating Panel:
Luis G. Jalandoni
Chairperson, Negotiating Panel
National Democratic Front of the Philippines
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