By BENJIE OLIVEROS
Bulatlat.com
The peace talks between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP) have again hit a snag.
The GPH is blaming the NDFP for putting the release of its consultants as a “precondition” for the talks. Even as the government panel committed to release most, if not all, 14 NDFP consultants in its custody during the January and February talks, GPH negotiating panel chair Alex Padilla said the matter of releases is a “side issue” to “avoid unwarranted disruptions in the negotiations.”
The GPH also complained that it could not verify who are covered by the Joint Agreement on Safety and Immunity and Guarantees (Jasig) because the photos of the NDFP consultants, which are in the depository, are encrypted and could not be opened. It also said it has already released some consultants.
The GPH also accused the NDFP of pursuing the peace talks only for the purpose of prisoner release. And now, Padilla said, the NDFP has “hostaged” the peace process itself in order to secure the releases.
The NDFP, on the other hand, said the release of most, if not all, of its detained consultants is a “prejudicial” issue. It accused the GPH of reneging on its commitment. It said, if the GPH could not be trusted to comply with Jasig then how could it be trusted to comply with other agreements?
With this snag, how could the GPH-NDFP peace talks proceed from here?
As I have mentioned in a previous analysis, the success of any negotiation is hinged on mutual trust and respect, and the commitment of both parties to the negotiations. These could be best demonstrated through compliance with previous agreements. After all, agreements would amount to nothing if not implemented. And if one party would want to throw a monkey wrench at the negotiations, all it has to do is to unilaterally and arbitrarily set aside and refuse to implement previous agreements.
And it is understood that because the peace negotiation is between the Government of the Philippines and the National Democratic Front of the Philippines, agreements are not bound by the term of office of those who signed it. No matter who are at the helm of the government and the NDFP, they are bound by previous agreements. Thus, even as it was former president Fidel V. Ramos on the GRP side, and Mario Orosa, on the NDFP side, who signed most of the agreements, except the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) which was signed by former president Joseph Estrada, the succeeding administrations of the GPH and the NDFP, for that matter, could not rescind or set these aside if it wants the negotiations to continue.
The Jasig is an important agreement that could not be unilaterally and arbitrarily set aside by any one of the parties to the negotiations. In fact, it is the one agreement that makes the continuation of the peace talks possible. How could one party negotiate freely if the threat of arrest or worse, being killed is always hanging over his or head? During the 1986 GRP-NDFP negotiations, when the Jasig was still non-existent, a lot of NDFP consultants were arrested or killed after the peace talks, not the negotiations, were suspended indefinitely.
The release of the NDFP consultants is an implementation of the Jasig. In the first place, duly recognized NDFP consultants should not have been arrested and kept in jail, on the basis of criminal charges at that. The continued detention of NDFP consultants renders the Jasig ineffective. And without the Jasig – without ensuring the safety and immunity of NDFP negotiators and their consultants – the peace talks could not be possible.
Regarding the encryption, well, If I was involved in the negotiations I would not want my picture lying around even if it was in a safe deposit box, especially if I was part of the NDFP. What would prevent the military from getting access to the safe deposit box to update its hit list? At least, if it was encrypted, no one party could access the photos without the concurrence and cooperation of the other. The pitfall of encryption, as in any electronic file, is the probability of it being corrupted. In this case, the keys for decrypting the file were corrupted after the Dutch intelligence agency confiscated all the electronic files and computers of the NDFP in a raid, after the Philippine government worked for the filing of a case against and the subsequent arrest of NDFP chief political consultant Prof. Jose Maria Sison. The only way to move forward now is to reconstruct the list.
Also, it is contradictory for a government that claims to be democratic to keep political prisoners. If the Aquino government firmly believes that it is no longer necessary for the NDFP, MILF, and any other revolutionary group to fight it – because it has the interest of the oppressed and exploited majority at heart – then it should not be afraid to release political prisoners.
Now, another stumbling block is being put in the way of the peace talks: Teresita Quintos Deles, head of the Office of the Presidential Adviser on the Peace Process (OPAPP) and GPH panel chair Alex Padilla have been quoted as saying that for the peace talks to proceed a ceasefire must be promulgated . This is supposedly in reaction to the attacks of the NPA on three mining firms in Surigao.
Having a ceasefire now is artificial as there are still no emerging agreements on substantive issues. This is best demonstrated by the NPA attacks on the three big mining firms. The Aquino government immediately assured mining firms and other foreign investors that it would protect them. It ordered the Armed Forces of the Philippines (AFP) to deploy enough troops to prevent such attacks on foreign corporations and their operations. The AFP is now in the process of forming and training armed groups whose sole purpose is to protect mining companies and other multinational corporations operating in remote areas. The NPA, on the other hand, warned other mining companies that it would take punitive action against them if it violates the people’s rights. This shows that without an agreement on the substantive issues, the positions of both parties are diametrically opposed.
A ceasefire was enforced, during the 1986 GRP-NDFP peace talks, until it broke down in February 1987. During the whole time the ceasefire was supposedly in force, the energies of both panels were spent in accusing each other of ceasefire violations. The AFP did not stop its combat operations, in the guise of police and peace and order operations. The NPA, on the other hand, attacked AFP units that ventured into its declared territories. Thus, the accusations and counter-accusations were endless.
For the peace talks to move forward, both parties should go back to and comply with previous agreements, not only regarding the releases but also about the framework, flow and processes of the negotiations. There is no way any party to the talks could get around this, that is, if it is sincere in working for a just and lasting peace, and for the interests and welfare of the Filipino people, who are the main stakeholders in the negotiations because it is our future that the two panels are talking about. 
