In an exclusive March 30 e-mailed interview with Bulatlat.com, National Democratic Front of the Philippines (NDFP) chief negotiator Luis Jalandoni talks about, among other things: the prospects of the peace talks soon to resume, the continuing relevance of People Power, taking the government to task for the death of New People’s Army prisoner of war Abelardo Martin, and the indemnification of human rights victims.
Ka Luis and other representatives of the NDFP will be coming to the
Philippines next week to attend the “Solidarity Conference for peace in the
Philippines” on April 18.
Bulatlat.com: The
National Democratic Front of the Philippines (NDFP) and Government of the
Republic of the Philippines (GRP) panels have reached an agreement reviving the
validity of 10 agreements already forged by both panels in previous
negotiations. What is the status of the Comprehensive Agreement on Respect for
Human Rights and International Humanitarian Law (CARHRIHL)? Will it begin to be
implemented and, considering the GRP’s long-standing objections, how?
Luis Jalandoni (LJ): In the Joint Statement of the negotiating panels of the GRP and of the NDFP, dated 9 March 2001, under No. 2, the Parties uphold and affirm the validity and binding character of the ten bilateral agreements that were entered into between them from 1 September 1992 to 7 August 1998 as the framework and foundation for the resumption of the peace negotiation. Among the ten bilateral agreements, and comprising the first of the four points in the substantive agenda of the GRP-NDFP peace negotiations, is the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), signed by both negotiating panels on 16 March 1998 and approved by their respective Principals, GRP President Joseph Estrada on 7 August 1998 and NDFP Chairman Mariano Orosa on 10 April 1998.
The Joint Statement highlights the importance of the CARHRIHL by taking it up specifically under No. 5: “The Parties have agreed to discuss the effective implementation of the CARHRIHL as provided for in Part V thereof.” It is clear therefore that the CARHRIHL is valid and binding on both the GRP and the NDFP.
Will
it begin to be implemented? Each
party is bound to implement the CARHRIHL. Part
VI – Final Provisions, Art. 1 states: “The Parties shall continue to assume
separate duties and responsibilities for upholding, protecting and promoting
human rights and the principles of international humanitarian law in accordance
with their respective political principles, organizations and circumstances
…”
The
NDFP is committed to implementing it. In fact, earlier on July 5, 1996, the NDFP
made its Declaration of Undertaking to Apply the Geneva Conventions of 1949 and
Protocol I of 1977 and deposited it with the Swiss Federal Council in Geneva.
But
what about the GRP’s long-standing objections? With intensified and persistent
pressure from human rights organizations and other People Power II forces, the
GRP can be impelled to implement its part in carrying out the provisions of the
CARHRIHL, such as the repeal of repressive decrees (Part III, Art. 7), the
release of political prisoners unjustly detained, charged and convicted of
common crimes in violation of the Hernandez doctrine (Part III, Art. 6).
Bulatlat.com: Does
this mean that, in the NDFP’s view, the GRP is prepared to honor its
obligations to the 10,000 human rights victims under the Marcos dictatorship? If
so, in what manner?
LJ:
The GRP is bound to implement Part III, Article 5 of CARHRIHL which stipulates
that the Parties respect and support the rights of the victims of human rights
violations during the Marcos regime. Again,
it will be necessary to mount intensified pressure on the GRP to carry out this
provision. In addition, the
necessary legislation should be introduced and passed in order to ensure the
appropriate indemnification of the 10,000 human rights victims under the Marcos
dictatorship as a partial satisfaction of their right to justice.
Bulatlat.com: Is it true that you
and other NDFP panel negotiators are coming to the Philippines to attend the
“solidarity conference” on April 18? If true, what is the objective of the
“conference?”
LJ: Yes, Coni Ledesma and I are planning to attend the solidarity conference on April 18. Also intending to come are Antonio Zumel, NDFP Senior Adviser, and Ruth de Leon, Head of the Secretariat of the NDFP Negotiating Panel.
The objective of the solidarity conference is in general to generate support for the process of achieving a just and lasting peace and for the GRP-NDFP peace negotiations. Specifically, it provides the occasion for the GRP and the NDFP to present their stand on what has been achieved so far, what is the present status and prospects of the peace negotiations, their positions on the CARHRIHL and the negotiations on socio-economic reforms. It also provides an opportunity to various people’s organizations and alliances, especially those that have a track record of supporting the GRP-NDFP peace negotiations, to express their support and their insights regarding the peace negotiations.
Bulatlat.com: What is the first
item in the agenda of the coming formal peace talks? Can both panels now proceed
to tackling Social and Economic Reforms? Is this being worked out now?
LJ:
The effective implementation of CARHRIHL would be first in the agenda.
A significant agenda will be the start of negotiations on Social and
Economic Reforms. Is this being
worked out now? Yes, both parties
are committed in the Joint Statement to “form, authorize and operationalize
their respective Reciprocal Working Committees on Social and Economic Reforms (RWC-SER).
Both parties are preparing for the exchange of updated drafts on the
Comprehensive Agreement on Social and Economic Reforms as part of the agenda of
the resumption of peace negotiations on 27 April 2001. The NDFP Negotiating
Panel has prepared a 58-page draft which it presented to the GRP Negotiating
Panel on the occasion of the signing of the CARHRIHL on 16 March 1998 in The
Hague.
Bulatlat.com: Please re-clarify the
NDFP’s position on the fate suffered by NPA POW Police Inspector Abelardo
Martin? Is the NDFP absolutely certain that Martin was killed by government
forces? Is this going to be an issue in the coming talks and are you not taking
the GRP to task for the condition suffered by Martin?
LJ:
The report of the Melito Glor Command of the New People’s Army provides the
facts that prove the NDFP position that the death of POW Police Inspector
Abelardo Martin was the result of a bungled rescue operation by the AFP.
These facts are corroborated by data gathered by independent fact-finding
missions of Karapatan-Southern Tagalog, KMP and other people’s organizations.
There is no doubt in the mind of the NDFP that Martin’s wounds came
from shots fired by the Scout Rangers of the AFP.
The case of POW Martin is to be taken up under provisions on respect for international humanitarian law (Part IV of CARHRIHL), specifically regarding “persons deprived of their liberty for reasons related to the armed conflict” against whom it is prohibited “at any time and in any place whatsoever” to commit acts of “violence to life and person, particularly killing or causing injury, …”
That the AFP officers and men carried out such
acts against an officer of the GRP’s armed forces, a prisoner of war, who was
scheduled to be released soon, makes the violation so much worse. Moreover, the harassment of civilians near the place of the
bungled rescue operation and compelling a peasant civilian to act as guide to
the AFP troopers are also violations of the CARHRIHL (Part IV, Art. 3, No. 1 and
Part IV, Art. 2) and the generally accepted principles and standards of
international humanitarian law (Part IV, Art. 1).
Bulatlat.com: Are there other NPA
POWs aside from intelligence Maj. Noel Buan? When was the first decision issued
by the NDFP for the release of Buan (and Martin)? Why did it take the NPA long
to implement their release orders?
LJ: There are no other POWs in the custody of the NPA aside from Army intelligence officer, Major Noel Buan.
When was the first decision issued by the NDFP for the release of Buan (and Martin)? After the signing of the Memorandum of Agreement by the NDFP Panel and the Humanitarian and Peace Mission of Senator Loren Legarda, Bishop Jesus Varela and Supreme Bishop Tomas Millamena on 12 January 2000, the NDFP National Executive Committee issued the order of release for POW Martin on 11 February 2000.
Due to Mr. Estrada’s all-out war and no negotiation policy,
the release could not be carried out because the AFP under General Angelo Reyes
refused to issue a Suspension of Offensive Military Operations (SOMO).
Furthermore, Estrada ordered the deployment of 15 AFP and PNP battalions to the
Southern Tagalog region which launched massive military operations and committed
numerous violations of human rights and international humanitarian law.
Estrada and the AFP pretended to issue a SOMO several times, which
however was exposed as a trap because the AFP and PNP continued to carry out
offensive military and police operations.
Bulatlat.com: What about the rest
of the political prisoners held by the GRP, are they going to be released as
part of the peace process with the NDFP?
LJ: Out
of a list of 73 scheduled for release, 42 have been released on recognizance or
bail. An additional 40 are being
put on the list of the next batch. But
there are about 200 more political prisoners that ought to be released and the
NDFP and human rights and other people’s organizations will be pressing for
their release. It is, however,
condemnable that while the GRP is releasing political prisoners, it is making
more new arrests.
Bulatlat.com: A newspaper report
today (PDI, 3/28/01) quotes former US Ambassador to Manila Thomas Hubbard (now
the US Asst. Sec. Of State for Asia Pacific) as reiterating the US
government’s call on the Arroyo government to exclude Donato Continente and
Juanito Itaas from the list of PPs to be released (if at all). The call comes
therefore as an official US policy. Please comment on this.
LJ: The NDFP condemns the intervention of the US government in the release of Donato Continente and Juanito Itaas and calls on the Manila government to uphold the national sovereignty of the Philippines and firmly reject this US intervention. Donato Continente and Juanito Itaas are among the 40 political prisoners being recommended in the next batch of releases.
Bulatlat.com: What is the
chance of success in your coming peace talks with the GRP? And what will
determine its success? What, on the
other hand, will make it a failure?
LJ:
With the strong support of People Power II forces that uphold the efforts to
address the root causes of the 32-year-old civil war, the chance of success in
attaining a certain measure of implementation of the CARHRIHL is improved.
The chances for making gains in negotiating an agreement on social and
economic reforms will have to be assessed when the negotiations have started.
The gap between the two sides on such vital matters as land reform and
national industrialization is very big, but the ten bilateral agreements already
signed, including the CARHRIHL, prove that with political will and the strong
push of positive forces it is possible to attain even very difficult agreements.
The militarists in the GRP could throw a monkey wrench into the peace negotiations, such as blocking the release of political prisoners, refusing to reverse Estrada’s all-out war policy despite the declarations of President Macapagal Arroyo to the contrary, ordering troops to launch massive operations that flagrantly violate human rights and international humanitarian law, or arrest and detain NDFP personnel involved in the peace negotiations. Such obstructions by the militarists can cause the failure of the peace negotiations. As of now, the numerous violations of the SOMO and SOPO while the NDFP is preparing the safe and orderly release of POW Major Buan constitute a grave danger to the life of POW Buan and the NPA custodians and could sabotage the forthcoming resumption of peace negotiations.
Bulatlat.com: Are you looking at
the Arroyo government as far different from previous administrations insofar as
the resolution of the armed conflict is concerned? Is it true that the Arroyo
government has dropped “total war” approach in solving the armed conflict,
considering likewise that last week GMA called on the AFP to also confront
criminals, they being the No. 1 enemy of the republic and not the “rebels”?
She called on them to “give peace a chance.”
LJ: The Arroyo government is quite different from the Estrada administration that terminated the peace negotiations and launched all-out war against the MILF and the NPA. Unlike Estrada, Arroyo sees the importance of engaging the NDFP and the MILF in peace negotiations. It has some similarity with the Ramos government with which the NDFP signed ten bilateral agreements. But we must remind ourselves that the Arroyo government is still a government that represents the interests of the big compradors and landlords and the foreign monopolies and is a strong advocate of the WTO and imperialist globalization and such policies as liberalization, deregulation, and privatization. In these basic aspects it is no different from previous administrations.
We
must also take into account the fact that the militarists who were responsible
for implementing Estrada’s all-out war policy are well-entrenched in the
Arroyo government. General Angelo
Reyes, Estrada’s AFP Chief of Staff, is now Secretary of National Defense;
Gen. Edgardo Batenga of Marag Valley notoriety is Undersecretary of National
Defense. Gen. Diomedio Villanueva,
AFP commander in the all-out war in Mindanao, is now the Chief of Staff of the
AFP. General Renato de Villa is the
“little president” as Executive Secretary and General Eduardo Ermita is
Presidential Adviser on the Peace Process. As NDFP Chief Political Consultant
Jose Ma. Sison has pointed out, between the pronouncements of Arroyo and the
military violence in the field there is a big discrepancy.
Bulatlat.com: What is the status of
the NDFP’s tactical alliance with the MILF? Is it still going on? Do the NDFP
and MILF have any tactical approach to the peace process with the GRP?
LJ:
The NDFP’s
political alliance with the MILF is still going on. It is mutually beneficial.
In the sphere of peace negotiations, as in other spheres, the NDFP and
the MILF will seek to be of help to one another.
Bulatlat.com:
Finally, what do you and Ms. Coni
Ledesma plan to be doing during your two-week stay in the Philippines?
LJ: Besides
attending the solidarity conference, Coni Ledesma and I plan to visit the
political prisoners (Donato Continente and others in Muntinlupa, Leoncio Pitao,
and others) , have some time with our family and friends in Manila and Negros,
meet with NDFP Consultants, major People Power II forces such as Bayan
and Bayan Muna, and feel and be further inspired by the people’s mass
movement. We look forward to a very
enjoyable and deeply satisfying stay. #