HR 1997 - Calling for the Resumption of Peace Talks

8/3/2019 HR 1997 - Calling for the Resumption of Peace Talks

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REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

FIFTEENTH CONGRESSSecond Regular Session

House Resolution No.Introduced by Kabataan Partylist Representat ive RAYM OND V. PALATINO, Bayan Mu naPartyl ist Representat ives TEDD Y A. CASINO and NER I J . COLM ENAR ES, AnakpawisPartylist Representat ive RAF AEL "K A P AENG" V. MAR IANO, Gabrie la W omen's PartyRepresentatives LUZ C. ILAGAN and EM MI A. DE JESUS, and A CT Teachers Partyl ist

Representative ANTO NIO L . TINIO

A RESOLUTIONURGING THE GOVERNMENT TO IMMEDIATELY RELEASE THE THIRTEEN

DETAINED PEACE CONSULTANTS AND INDIVIDUALS PROTECTED BY THE

JOINT AGREEMENT ON SAFETY AND IMMUNITY GUARANTEES IN

COMPLIANCE WITH ITS OBLIGATIONS AND IN ORDER TO RESUME THE

INDEFINETELY SUSPENDED PEACE NEGOTIATIONS WITH THE NATIONAL

D E M O C R A T I C F R O N T O F T H E P H IL IP P I N E S

W H E R E A S , the peace nego t iat ions b etween the Governme nt of the Phi lippines

(GPH) and the N ation al Demo crat ic Front of the Philippines (NDFP), which resu med in

Feb ruary 201 1 in Oslo, Norw ay after almo st seven y ears of deadloc k, have hit another

impasse and have b een indef ini te ly suspende d b y the GPH, through GPH Pane l Chair

Alexande r Padilla, du e to the refusal of the GPH to re lease the thir teen de taine d NDF P

peace consultants and individuals protected by the Joint Agreement on Safety and

Immun ity Guarantee s (JASIG);

W H E R E A S , the JASIG, signed by the GPH and the NDFP in 1995, lays down

principles and modalities for safety and immunity guarantees for the personnel,

consultants and other people involved in the formal peace negotiations. It provides for

the free and unhindered passage and travel of negotiators, consultants and other

personnel of both peace panels and protects them from surveillance, harassment,

searche s, arrest, de tent ion, prosec ut ion, interrogation and other similar act ion ;

W H E R E A S , the immediate release of the peace consultants and JASIG-

protected individuals is being demanded as a matter of legal right in accordance with

the JASIG and the Comprehensive Agreement on Respect for Human Rights and

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Intern at ion al Hum anitarian Law (CARHR IHL), a doc um en t signe d in 1 998 which states

that both parties shall adhere to and be bound by the principles and standards

emb odied in international inst ruments on human r ights;

W H E R E A S , according to the GPH-NDFP joint communique released after the

preliminary talks in January 2011, "the GPH Panel agreed to work for the expeditious

release of detained NDFP consultants and other JASIG-protected persons in

compliance with the Joint Agreement on Safety and Immunity Guarantees and in the

spirit o f goo dw ill."

W H E R E A S , as of November 2011, the GPH has yet to release thirteen of the

NDFP consultants and JASIG-protected individuals being held by the government on

grounds that their identities could not be verified, even as some of these consultants

and JASIG-protected persons already have identification documents and are, in fact,

pub licly known individu als and have be en ide nt i fied by the previous adm inistration;

W H E R E A S , the success of the peace negotiations hinges on the mutual trust

and on the commitment of both parties to the negotiations including their compliance

with the twelve important agree men ts sinc e peace ne gotiations resume d in 1992 which

include the CARHRIHL and the JASIG. For the peace talks to move forward, the

parties involved, especially the principals, must work towards the attainment of an

atmosphere of mutual respect which can be best expressed through the recognition

and impleme ntation o f past and future s igned agreemen ts;

W H E R E A S , aside from the the JASIG and the CARHRIHL, the GPH

Negotiating Panel has undermined other past agreements, particularly the Hague

Declaration, posing a consequent threat to the peace negotiations. The GPH

Negotiating Panel declared in its qualifications that the "Hague Joint Declaration is only

a means to an end and was never meant to be a document of perpetual division

between the parties." This violates and contradicts an earlier Joint Statement dated

March 9, 2001, where it is stated that "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

resum ption o f the peace ne got iat ion s";

WHEREAS, The Hague Declaration, which was signed on September 1, 1992,

states that "The holding of peace negotiations must be in accordance with mutually

acce ptable principles, including national sovereignty, dem oc racy and social just ice an d

no precondition shall be made to negate the inherent character and purpose of the

peace nego t iat ion s";W H E R E A S , the resumption of peace talks is an issue that concerns all Filipino

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citizens, who are the main stakeholders in the peace negotiations, as it is an opportune

venue in which long-standing conflicts, particularly their root causes and concrete

solutions, can be best put into perspective;

WHEREAS, negotiating table must be re-opened in order to pave the way for

critical and principled debates and sound discussions on socio-economic reforms that

would benefit the broad masses of Filipinos and would address the social, political and

economic ills that fan the flames of armed rebellion and social unrest in the country;

NOW THEREFORE BE IT RESOLVED that the House of Representatives, as a

gesture of justice and goodwill and in the spirit of upholding the rule of law, urge the

National Government to immediately release the thirteen detained peace consultants

and individuals protected by the Joint Agreement on Safety and Immunity Guarantees

in compliance with its obligations and in order to resume the indefinitely suspended

peace negotiations with the National Democratic Front of the Philippines.

Adopted,

HON. LUZ C. ILAGA N

Representative, G abriela Wom en's Party

HON. RAY ^IC ID V. PALA TINORepresentative, Kabataan P artylist

4-.. Cam,

HON. TEDDY A. C ASINORepresentative, Bayan Mun a Partylist

HON. RAFAEL'KA PA E MAR NORtative, Anakpawis Partyl' t

HO N. AN 10 L. TINIORepresentative, A C T Teachers Partylist

HON. EMMI A . E JESUSRepresentative, G abriela W omen's Party

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HR 1997 - Calling for the Resumption of Peace Talks

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