UN Judge Asks Arroyo To Honor Oslo Joint Statement

A United Nations (UN) judge has warned the Macapagal-Arroyo government that unless it release political prisoners immediately and initiate “effective measures” to strike the CPP, NPA and Prof. Jose Maria Sison off the “terrorist” list, its authority to continue peace talks with the leftist National Democratic Front of the Philippines (NDFP) will be held “in serious question.”

By Bulatlat.com

A United Nations (UN) judge has warned the Macapagal-Arroyo government that unless it release political prisoners immediately and initiate “effective measures” to strike the CPP, NPA and Prof. Jose Maria Sison off the “terrorist” list, its authority to continue peace talks with the leftist National Democratic Front of the Philippines (NDFP) will be held “in serious question.”

UN ad litem Judge Romeo Capulong issued the warning in a legal opinion as negotiators of both government and the NDFP resumed formed talks in Oslo, Norway last March 30. At presstime today, April 2, the talks were still ongoing.

But the legal opinion issued by Capulong, UN judge at the International Crime Tribunal for the Former Yugoslavia (ICTFY), sought to bring the GRP (for Government of the Republic of the Philippines) panel to honor its commitment to the Oslo Joint Statement which it signed at the conclusion of the resumed peace talks on Feb. 14.

The joint statement requires the GRP to undertake effective measures against the “terrorist” listing in consonance with The Hague Joint Declaration and other bilateral agreements. It is also under obligation to immediately release 23 political prisoners based on a 2001 presidential order along with three nursing mothers.

Within days after the signing of the Oslo Joint Statement, however, the GRP panel led by peace adviser, Secretary Teresita Deles, and other members issued “clarificatory” statements that government was under no obligation to ask foreign governments, particularly the U.S., to remove the CPP, NPA and Professor Sison from their “foreign terrorist lists” because the listing was their own “sovereign act.”

They also insisted that “effective measures” included the cessation of offensives by the CPP-NPA and for these armed groups to refrain from other “violent” acts.

“Absolutely nothing”

In his legal opinion, Capulong, who also serves as Senior Legal Consultant for the peace talks, said “There is absolutely nothing in the records of the deliberations of the parties on the ‘terrorist’ listings that would support or reflect the ‘clarificatory’ statement of the GRP.” Such statement, he said, is “an ultra vires act that runs counter to what has been agreed upon which, if given effect, will result in the non-fulfillment of the joint and separate obligation of the parties under item 3 of the Oslo Joint Statement.”

“Worse,” the UN ad litem judge warned, “such ‘clarificatory’ statement has put the GRP panel’s authority as well as the GRP’s integrity as a party to the peace negotiations under the current dispensation in serious question.”

Luis Jalandoni, chair of the NDFP negotiating panel, also asked the GRP to comply with the Oslo statement as well as other agreements that have been signed by both parties. He also reiterated the NDFP’s call for the release of almost 300 political prisoners who have been charged with “common crimes” in violation of the Amado V. Hernandez political offense doctrine.

As the peace talks resumed in Oslo, about 41 political prisoners all over the country went on protest fast to press for their release. Nursing mother Zenaida Llesis started the protest fast on March 29. Forty other political prisoners including two other nursing mothers have gone on sympathy fast.

One of the prisoners, Donato Continente, had served his prison term two years ago but remains held at the National Penitentiary in Muntinlupa south of Manila. He was summarily convicted for the killing of a U.S. counter-insurgency specialist sometime late 1980s and his release has been blocked by the U.S. Embassy.

The ongoing peace talks are facilitated by the Norwegian government represented by foreign official Tore Hattrem. The GRP panel is headed by its chair, former Justice Secretary Silvestre Bello III and Deles.

On the NDFP panel, aside from Jalandoni, are Fidel V. Agcaoili, Julieta de Lima, Coni Ledesma and Asterio Palima. The panel is assisted by Sison, chief political consultant, three lawyers and other consultants. Bulatlat.com

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