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Additional Implementing Rules Pertaining to the Documents of Identification

June 26,1996

Pursuant to the letter and spirit of the Joint Agreement on Safety and Immunity Guarantees (JASIG), the Chairpersons of the Negotiating Panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) hereby adopt the following additional implementing rules of the JASIG exclusively pertaining to the documents of identification, to wit:

ARTICLE I
DOCUMENTS OF IDENTIFICATION

1. Each party shall be entitled to issue not more than eighty‑five (85) documents of identification that shall be duly recognized as safe conduct passes as provided for in Article I, Paragraph 2 of the JASIG. The holders of such documents of identification who are otherwise known as duly accred­ited persons under Article I, Paragraph 2, sub‑paragraph 5 of the JASIG shall be designated on the basis of the following functions: negotiators, consult­ants, staffers, security and other personnel. The number of said documents of identification may be increased later for reasons mutually agreed upon by the Negotiating Panels.

2. In addition to the documents of identification priorly issued by the Panel Chairperson of one party, the Panel Chairperson of the other party shall issue the following acknowledgement which shall contain the name and designation of the duly accredited person, as well as the serial number and period of validity of his/her document of identification, to wit:

(Letterhead)
(Phone and Fax Numbers)

            This is to ACKNOWLEDGE that ___________________________________________________
with Document of Identification Number _________________is a ________________________________
in the GRP‑NDFP peace negotiations.

            The above named person is entitled to the safety and immunity guarantees as provided under the Joint Agreement on Safety and immunity Guarantees (JASIG) for the duration of the peace negotiations.

            You are hereby required to facilitate the safe conduct and free passage of the above named person.

            Thank you for your courtesy and assistance.

                                                                                                                                  CHAIRPERSON

                                                                                                                                  (SEAL)

3. For purposes of further verification of identity, the duly accredited person holding a document of identification bearing therein an assumed name shall submit a separate photograph to the Chairperson of the Negotiating Panel to which he or she belongs. Said photograph shall be placed in a sealed envelope and shall be entrusted to the custody of a mutually acceptable third party within a period of seventy-five (75) days from the date of issuance of the document of identification or the signing of this Document. Thereafter, the sealed envelope shall be deposited in a Safety Deposit Box protected by three separate locks and shall be opened only when the need for further verification of identity arises. The deposit of the sealed envelope, and the opening and closing of the safety deposit box shall only be done in the presence of the Panel Chairpersons or their representatives and the third party. Each of them shall separately hold the key to each of the three different locks of the safety deposit box.

4. All documents of identification not exceeding eighty-five (85) in number issued between April 1, 1995 and the date of this Document pursuant to Article I, Paragraph 2 of the JASIG are hereby affirmed as valid. In this regard, compliance with the requirements of the preceding Paragraph 3 as to the timely submission of photographs and other requirements as provided for in the said Paragraph 3, may be dispensed with by the issuing party by replacing the assumed name in the document of identification that has already been issued with the true name of the holder thereof with due notice to the Chairperson of the other party.

ARTICLE II
GENERAL PROVISIONS

1. This Additional Implementing Rules Pertaining to the Documents of Identification or any provision hereof shall not be interpreted in any manner as to contravene or supersede the JASIG or any provisions thereof and shall be without prejudice to the self‑executory provisions of the JASIG.

2. Any issuance, interpretation or application done separately or unilaterally by either party pertaining to this Document which is in conflict with or in violation of the JASIG shall be null and void and of no force and effect.

ADOPTED on this 26th day of June 1996 at The Hague, The Netherlands.

The Government of the Republic                                      The National Democratic Front
of the Philippines                                                                  of the Philippines

Howard Q. Dee                                                                        Luis G. Jalandoni
Chairperson, GRP Negotiating Panel                                   Chairperson, NDFP Negotiating Panel

Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWCs)

June 26, 1995

This Joint Agreement is being entered into by and between:

The Negotiating Panel of the Government of the Republic of the Philippines, hereinafter referred to as the GRP Panel, represented herein by its Chairperson, Howard Q. Dee;

and

The Negotiating Panel of the National Democratic Front of the Phil­ippines, hereinafter referred to as the NDFP Panel, represented herein by its Chairperson, Luis G. Jalandoni.

Pursuant to due authority, the two Negotiating Panels hereby agree:

ARTICLE I
GOVERNING PRINCIPLES

Section 1. In the interpretation and application of this Joint Agree­ment, the GRP and NDFP Negotiating Panels shall at all times conform to the letter and spirit of the Hague Joint Declaration of 1 September 1992, the per­tinent provisions of the Breukelen Joint Statement of 14 June 1994, and the Joint Agreement On Safety And immunity Guarantees of 24 February 1995.

Section 2. The formal peace negotiations shall be guided by the fol­lowing provisions of the Hague Joint Declaration:
a. Formal peace negotiations between the GRP and the NDFP shall be held to resolve the armed conflict.
b. The common goal of the aforesaid negotiations shall be the at­tainment of a just and lasting peace.
c. The holding of peace negotiations must be in accordance with mutually acceptable principles, including national sovereignty, democracy and social justice and no precondition shall be made to negate the inherent character and purpose of the peace negotiations.
d. The substantive agenda of the peace negotiations shall include human rights and international humanitarian law, socio‑economic reforms, political and constitutional reforms and end of hostilities and disposition of forces.

Section 3. Either party may recommend to the other party goodwill and confidence‑building measures to be undertaken voluntarily, not as pre­conditions to the holding and conduct of peace negotiations but as means to improve the climate for peace negotiations. Best efforts shall be exerted by either or both parties, as the case may be, to address the recommended good­will and confidence‑building measures.

ARTICLE II
COMPOSITION, AUTHORITY
AND CONDUCT OF WORK

Section 1. In compliance with the Hague Joint Declaration, the two Negotiating Panels shall form and operationalize their respective Recipro­cal Working Committees (RWCs) for each of the four major headings of the substantive agenda of the formal peace negotiations in the manner and se­quence mutually agreed upon in the succeeding provisions of this Joint Agreement.

Henceforth, said committees shall be named after the four major head­ings of the substantive agenda as the following: Human Rights and Interna­tional Humanitarian Law, Socio‑Economic Reforms, Political and Constitu­tional Reforms, and End of Hostilities and Disposition of Forces.

Section 2. Every RWC on each side shall be composed of a chairper­son and two members to be appointed by their respective Negotiating Pan­els. With the prior approval of its Negotiating Panel, the RWCs shall be as­sisted by consultants, advisers and staff.

Section 3. The RWCs shall be responsible to their respective Nego­tiating Panels. The Negotiating Panels shall direct and supervise the work of their respective RWCs, provide them with guidelines and instructions, au­thorize their meetings with their counterpart RWCs and receive from them findings, recommendations and drafts of tentative comprehensive agree­ments under the major heading of the substantive agenda assigned to them.

Section 4. The principal task of the RWCs shall be to draft a tentative comprehensive agreement for each major heading of the substantive agenda assigned to them. The tentative comprehensive agreements shall be final­ized and signed by the two Negotiating Panels and shall be submitted by them to their respective principals for final consideration and approval.

The comprehensive agreements on human rights and international humanitarian law, social and economic reforms and political and constitu­tional reforms shall prepare the ground for the comprehensive agreement on the end of hostilities and disposition of forces. The four comprehensive agreements shall, pursuant to The Hague Joint Declaration, fulfill the sub­stantive requirements for a just and lasting peace.

Section 5. The two Negotiating Panels shall provide their respective RWCs with their specific issues under the major heading of the substantive agenda assigned to them. These issues shall be the basis for a common list­ing to be agreed upon by the GRP and NDFP RWCs, and to be approved by their respective Negotiating Panels. Upon approval by both Negotiating Pan­els, this common listing shall constitute the issues for discussion of the RWCs under the major heading of the substantive agenda assigned to them. Any modification or revision of the approved listing shall be subject to the ap­proval of the Negotiating Panels.

Section 6. The RWCs shall recommend to the Negotiating Panels the separate and distinct effectivity dates of each comprehensive agreement as a whole as well as certain parts or provisions thereof. Subsequently, the Ne­gotiating Panels shall discuss and mutually agree on the aforesaid dates of effectivity.

Section 7. The Negotiating Panels may mutually agree to refer any important and urgent issue to the pertinent RWCs.

Section 8. The Negotiating Panels and their respective RWCs shall have ample opportunity to present the history and circumstances pertinent to the major heading of the substantive agenda assigned to them and spe­cific issues thereunder, provided that a written version thereof is submitted to the other party at least fifteen (15) days prior to the presentation and dis­cussion of such heading or issue and provided further that additional oral or written presentation may be done.

Section 9. In connection with their work under the assigned head­ings and in support of their respective Negotiating Panels, the RWCs shall engage in research on the social, economic, political, legal and cultural con­ditions in the Philippines. One panel may request the other panel to facili­tate the research, and the other panel shall exert the best effort to provide facilitation.

Section 10. Upon the recommendation of the RWCs concerned, the Negotiating Panels may organize reciprocal working sub‑committees to discuss specific issues under the major heading of the substantive agenda assigned to them. These sub‑committees shall perform their tasks under the direct supervision and control of their respective RWCs and shall submit their reports and recommendations to the latter.

ARTICLE III
FORMATION, SEQUENCE AND OPERATIONALIZATION

Section 1. The GRP and NDFP Negotiating Panels shall announce the formation and date of operationalization of their respective RWCs on Human Rights and International Humanitarian Law during the opening of the peace negotiations on 26 June 1995 at Brussels, Belgium.

Section 2. Three (3) months after the formation and operationalization of the RWCs on Human Rights and International Humani­tarian Law, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on Socio‑Economic Reforms.

Section 3. Three (3) months after the formation and operationalization of the RWCs on Socio‑Economic Reforms, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on Political and Constitutional Reforms, provided that the tentative comprehensive agreement on Human Rights and International Humanitar­ian Law shall have been submitted to the Negotiating Panels.

Section 4. Immediately after the submission by the RWCs of the tentative comprehensive agreements on Socio‑Economic Reforms and Po­litical and Constitutional Reforms, the GRP and NDFP Negotiating Panels shall form and operationalize their respective RWCs on the End of Hostilities and Disposition of Forces.

Section 5. The submission of the tentative comprehensive agree­ment on the End of Hostilities and Disposition of Forces to the two Negoti­ating Panels by the assigned RWCs shall constitute the final phase of work of the RWCs.

Section 6. All RWCs shall endeavor to submit their tentative com­prehensive agreements to the Negotiating Panels within six (6) months after their formation and operationalization.

Section 7. The Negotiating Panels may meet formally or communi­cate to each other from time to time on matters pertaining to schedules, agenda, progress of work of the RWCs, and on such other matters which ei­ther Panel may deem necessary to guide, assist or facilitate the work of the RWCs.

Section 8. The two Negotiating Panels shall finalize and sign each tentative comprehensive agreement submitted by the RWCs concerned within fifty (50) days after its submission to the Negotiating Panels.

ARTICLE IV
VENUE AND FORMAL MEETINGS

Section 1. The GRP and NDFP RWCs shall hold their formal meet­ings at mutually acceptable sites agreed upon by the Negotiating Panels.

Section 2. The Joint Agreement on Safety and Immunity Guarantees shall apply to the formal meetings of the RWCs, as well as other related meetings and communications in the process of consultations.

Section 3. The provisions of Sections 3, 4, 5, 6 and 7 of Article II on the conduct of negotiations, Article III on documentation and Article IV on resource persons, of the Agreement on the Ground Rules of the Formal Meet­ings Between the GRP and NDFP Panels dated 26 February 1995 are hereby adopted and made part hereof in a suppletory character.

Section 4. The RWCs shall be subject to the responsibilities, obliga­tions and instructions of their respective Negotiating Panels under Article V on media coverage of the agreement on the Ground Rules of the Formal Meetings Between the GRP and the NDFP Panels. The proceedings of the RWCs shall be confidential but the Chairpersons of the Negotiating Panels may issue press statements on the progress of the work of the RWCs. The Chairpersons of the RWCs concerned may mutually agree to classify specific documents, records and information confidential.

Section 5. The RWCs shall mutually agree on their schedule of for­mal meetings. There shall be reasonable time for the RWCs to consult their respective Negotiating Panels before any formal meeting.

ARTICLE V
GENERAL PROVISIONS

Section 1. This Joint Agreement shall take effect upon the signing hereof by the Chairpersons of the two Negotiating Panels. .

Section 2. The two Negotiating Panels may from time to time mu­tually agree to amend, modify or supplement this Joint Agreement as the circumstances may require.

IN WITNESS WHEREOF, we have hereunder signed this Joint agree­ment this 26th day of June 1995 at Brussels, Belgium.

FOR THE GOVERNMENT OF THE REPUBLIC                                                FOR THE NATIONAL DEMOCRATIC FRONT 
OF THE PHILIPPINES                                                                                        OF THE PHILIPPINES

Howard Q. Dee                                                                                                   Luis G. Jalandoni
Chairperson, GRP Panel                                                                                    Chairperson, NDFP Panel

Members, GRP                                                                                                   Members, NDFP
Negotiating Panel:                                                                                           Negotiating Panel:

Jose V. Yap                                                                                                           Fidel V. Agcaoili

Silvestre H. Bello III                                                                                            Coni K. Ledesma

Feliciano V. Carino                                                                                             Asterio B. Palima

Zenaida H. Pawid                                                                                               Jojo Magdiwang

WITNESSES:

Jesus G. Dureza                                                                                                  Jose Ma. C. Sison

Teresita L. De Castro                                                                                    Romeo T. Capulong

Joint Agreement on the Ground Rules of the Formal Meetings between the GRP and NDFP Panels

February 26, 1995

This Agreement is entered into by and between:

The Negotiating Panel of the Government of the Republic of the Phil­ippines, hereinafter referred to as the GRP Panel, represented herein by its Chairperson, Howard Q. Dee;

and

The Negotiating Panel of the National Democratic Front of the Philip­pines, hereinafter referred to as the NDFP Panel, represented herein by its Chairperson, Luis G. Jalandoni.

Pursuant to due authority, the two Panels hereby agree:

ARTICLE I
GOVERNING PRINCIPLES

Section 1. In their deliberations during the formal talks and in the in­terpretation of this Agreement, the GRP and NDFP Negotiating Panels shall at all times conform to the letter and spirit of The Hague Joint Declaration of 1 September 1992, the pertinent provisions of the Breukelen Joint Statement of 14 June 1994, the Joint Agreement between the GRP and the NDFP on Safety and Immunity Guarantees of 24 February 1995.

ARTICLE II
CONDUCT OF PANEL NEGOTIATIONS

Section 1. Venue and Schedule of Meetings. The GRP and the NDFP Panels shall hold their formal peace negotiations in the venue previously agreed upon under Section 6, Article III of the Joint Agreement on Safety and Immunity Guarantees. The two Panels shall mutually agree on the sched­ule of meetings. There shall be reasonable time for both Panels to consult their principals before any meeting.

Section 2. Subject Matter of the Meetings. The specific agenda for a meeting shall be agreed upon by the Panels. The Panels shall exchange de­tailed proposals and/or working papers on the issues for discussion within a reasonable period of time before the meeting in which such issues shall be discussed.

Section 3. Quorum. A majority of the composition of each Panel is re­quired to be present at every meeting in order to constitute a quorum.

Section 4. Presence of Persons Other than Panel Members. The two Panel Chairpersons shall agree on the number of Advisers, Legal Counsels, Con­sultants, Secretariat staff, and security personnel, who may be present in the meeting room and in the vicinity.

Section 5. Presiding Officers. The two Panel Chairpersons shall act as co‑presiding officers for the meetings of the two Panels.

Section 6. Procedures of Formal Meetings.
a. The two Panel Chairpersons shall agree on the allocation of time for each agenda item.
b. Each Panel shall have equal time and opportunity to present its side in meetings.
c. Each Panel shall be given the opportunity to present fully, orally and/or in writing, its position, to propound questions, and to respond to the other Panel regarding any agreed agenda item.
d. When no agreement has been reached on an agenda item within a reasonable period of time, such item may be deferred for further delibera­tion. Thereafter, the two Panels may proceed to the next agenda item.

Section 7. Format of Meetings.

a. The Chairperson of each Panel shall speak on behalf of the Panel, but may designate Panel members, Advisers, Legal Counsels and Consultants to speak, when appropriate.
b. When it is the turn of one Panel to speak within its allotted time, the other Panel Chairperson or Panel members permitted by him/her may in­terpellate or respond immediately to any point, with the permission of the Chairperson of that Panel.
c. Each Panel may propose a draft on any agreed upon agenda item, which draft may become the basis for discussion and agreement.

ARTICLE III
DOCUMENTATION

Section 1. Use of Audio Documentation. Audiotaping of sessions shall be allowed, unless otherwise mutually agreed upon.

Section 2. Minutes. Each Panel shall be entitled to two documentors who shall take the minutes for their respective Panels. However, the two Panels may mutually adopt a common recording and documentation system and agree on an official record of the deliberations and minutes of the meetings. Limitations on access to or release of such records and minutes shall be mutually agreed upon by the Chairpersons of the two Panels.

ARTICLE IV
RESOURCE PERSONS

Section 1. Each Panel may avail itself of experts as Consultants, who may or may not belong to its side, to assist the Panel.

ARTICLE V
MEDIA COVERAGE

Section 1. Media coverage or the absence of it at any meeting shall be mutually agreed upon by the two Panel Chairpersons.

Section 2. The holding of joint press conferences or the issuance of joint press statements may, from time to time, be mutually agreed upon by the two Panel Chairpersons, taking into account the progress of the peace nego­tiations.

Section 3. It is the inherent right of either Panel to hold separate press conferences or interviews, and issue press statements as it may deem neces­sary or appropriate, taking into account the basic tenets of truth and fair­ness and the need to safeguard the on‑going negotiations from being jeop­ardized. The Panel Chairpersons may mutually agree on the confidentiality of sensitive issues under negotiations.

ARTICLE VI
GENERAL PROVISIONS

Section 1. Applicability. The provisions of this Agreement shall apply to the formal meetings of the two negotiating Panels. All other meetings of the Panels related to the peace process shall be considered as part of the con­sultation process.
Section 2. Amendments. The two Panels may from time to time mutu­ally agree to amend, modify or supplement this Agreement as the circum­stances may require.
Section 3. Effectivity. This Agreement shall take effect upon‑the signing hereof by the Chairpersons of the two negotiating Panels.

IN WITNESS WHEREOF, we have hereunder signed this Agreement this 26th Day of February 1995 at the town of Nieuwegein, The Netherlands.

For the Government                                                           For the National Democratic Front
of the Republic of the Philippines                                  of the Philippines
Negotiating Panel                                                               Negotiating Panel

Howard Q. Dee,                                                                     Luis G. Jalandoni,
Chairperson, GRP Panel                                                      Chairperson, NDFP Panel

Joint Agreement on Safety and Immunity Guarantees

February 24,1995

 This JOINT AGREEMENT on Safety and Immunity Guarantees, here­inafter referred to as the Joint Agreement IS ENTERED INTO BY AND BE­TWEEN:

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, in­cluding its executive departments and agencies, hereinafter referred to as the GRP through its negotiating panel headed by its Chairman, HOWARD Q. DEE;

AND

THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES, including the COMMUNIST PARTY OF THE PHILIPPINES and the NEW PEOPLE’S ARMY, hereinafter referred to as the NDFP, through its negotiat­ing panel headed by its Chairman, LUIS G. JALANDONI;

WITNESSETH:

In firm adherence to the HAGUE JOINT DECLARATION and pursu­ant to the pertinent provisions of the JOINT STATEMENT signed in Breukelen, the Netherlands on June 14,1994, the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) and the NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES (NDFP) hereby adopt safety and immunity guarantees to protect the rights of negotiators, consultants, staffers, security and other personnel who participate in the GRP‑NDFP peace negotiations.

The primary purposes of the safety and immunity guarantees hereby adopted are to facilitate the peace negotiations, create a favorable atmo­sphere conducive to free discussion and free movement during the negotia­tions, and avert any incident that may jeopardize the peace negotiations.

I.  SAFETY GUARANTEES

  1. As used and understood in this Joint Agreement, safety guarantees shall mean that all duly accredited persons as defined herein in possession of documents of identification or safe conduct passes are guaranteed free and unhindered passage in all areas in the Philippines, and in travelling to and from the Philippines in connection with the performance of their du­ties in the negotiations.
  1. Each party has the inherent right to issue documents of identifica­tion to its negotiators, consultants, staffers, security and other personnel and such documents shall be duly recognized as safe conduct passes as provided in this Joint Agreement.

The GRP and the NDFP shall agree through their respective panel chair­men on the number of documents of identification each party will issue based on the different categories of functions which the parties will desig­nate from time to time.

The documents of identification shall contain the official seal of the issuing party, the bearer’s photograph, name, sex, date and place of birth, height, color of hair and eyes, distinguishing physical features, the assigned number, designation or duty in the peace negotiations, and the period of validity. Each party shall provide the other with the name, designation and assigned number on each document of identification issued in accordance with this Joint Agreement.

In addition to or in lieu of the aforesaid documents of identification, the party concerned may request the other to issue safe conduct passes to the holders of such documents of identification or to other persons involved in the peace negotiations as provided for in this Joint Agreement.

The holder of the document of identification so considered as a safe conduct pass in accordance with this Joint Agreement or of the safe conduct pass referred to in the preceding paragraph is hereinafter referred to as the duly accredited person.

Any person under detention who may be designated to participate in the peace negotiations pursuant to this Joint Agreement shall be the subject of separate agreement between the two parties on a case to case basis.

Upon presentation by the duly accredited person to any entity, author­ity or agent of the party concerned, the document of identification or safe conduct pass shall be honored and respected and the duly accredited person shall be accorded due recognition and courtesy and allowed free and unhin­dered passage as stipulated in this Joint Agreement. The duly accredited person shall have in his or her possession the document of identification or safe conduct pass for the duration of the peace negotiations.

  1. The document of identification or safe conduct pass shall not be transferable, provided that safety guarantees granted to the duly accredited person shall extend to any person or persons consulted by the duly accred­ited person during and in transit to and from such consultations, and pro­vided that these consultations shall be in connection with and in further­ance of the purposes of the peace negotiations. The appropriate informa­tion on these consultations shall be given by the party concerned to the other with due consideration to the safety of the persons involved in such consul­tations.
  1. All duly accredited persons who are already publicly known to be involved in the GRP‑NDFP peace negotiations shall be free from surveillance and shall be allowed freely to consult with the leaders and entities of the party concerned in the Philippines and abroad.
  1. The GRP shall promptly issue upon request regular passports to NDFP personnel who are duly accredited persons, without obligation to take an oath of allegiance to the GRP
  1. The GRP hereby recognizes and respects the right of NDFP personnel who are duly accredited persons to hold and use passports or travel docu­ments issued by other countries or other recognized entities. Said NDFP personnel who are duly accredited persons may use such passports or travel documents in entering, staying in and departing from the Philippines, and shall not be subjected to any form of punitive action, harassment, obstruc­tion or similar acts by the GRP in the course of travel, entry, stay or depar­ture.
  1. Each party shall upon request provide to the other any appropriate assistance to achieve the primary purposes of this Joint Agreement.

 II.  IMMUNITY GUARANTEES

  1. As used and understood in this Joint Agreement, immunity guaran­tees shall mean that all duly accredited persons are guaranteed immunity from surveillance, harassment, search, arrest, detention, prosecution and interrogation or any other similar punitive actions due to any involvement or participation in the peace negotiations.

The immunity guarantees shall cover all acts and utterances made in the course of and pursuant to the purposes of the peace negotiations.

All materials, information and data submitted to or produced in the course of and pursuant to the purposes of the peace negotiations shall like­wise be covered by the immunities provided for in this joint Agreement and shall not be used in any investigation or judicial proceeding.

Any evidence obtained in violation of this Joint Agreement shall not be used in any investigation or judicial proceeding.

All immunities acquired by virtue of this Joint Agreement shall remain in full force and effect even after the termination of this Joint Agreement, provided said immunities shall not cover acts which are contrary to the purposes of the peace negotiations and outside and beyond involvement or participation in the peace negotiations.

  1. In all cases involving duly accredited persons, the prosecutors shall move for the suspension, during the peace negotiations, of criminal proceed­ings or processes including arrest and search, for acts allegedly committed prior to the effectivity of this Joint Agreement.
  1. All persons who shall assist the personnel of either side in the perfor­mance of their work in the peace negotiations, including the conduct of public consultations and peaceful assemblies, shall not be held liable for rendering such assistance.
  1. In the course of requesting a passport from the GRP in accordance with No. 5 of I above, the duly accredited person shall be immune from sur­veillance, arrest, prosecution, trial, punitive action, harassment, discrimina­tion or any liabilities due to exposure of identity and role in the peace nego­tiations.
  1. Any NDFP personnel, holding a GRP passport, who is a duly accred­ited person and who goes abroad to consult with the NDFP negotiating panel or to attend any meeting in peace negotiations or perform work related to the GRP‑NDFP peace negotiations shall be exempt from passport cancella­tion and shall continue to be entitled to the safety and immunity guarantees, including immunity from arrest, search or any punitive action, within a period of 30 days upon his return to the Philippines, or 30 days from the formal termination of this Joint Agreement, whichever comes later.
  1. Any NDFP personnel based abroad who is a duly accredited person and who goes to the Philippines for consultations or to perform any other work related to the peace negotiations shall enjoy safety and immunity guar­antees as provided for in this Joint Agreement and shall be free to return abroad at any time before and within a period of 30 days after the formal termination of this Joint Agreement.

III. GENERAL PROVISIONS

  1. This Joint Agreement on Safety and Immunity Guarantees shall be signed by the GRP and the NDFP negotiating panels and shall be subject to approval in writing by the respective principals of both parties, which ap­proval shall be made and communicated to the other party within 90 days from the signing hereof.
  1. Any violation of this Joint Agreement may be presented by the ag­grieved party to the other and shall promptly be the subject of consultations between the two panels of the negotiating parties in order to remove im­pediments to the peace negotiations. Such violation shall be investigated and dealt with accordingly by the party to which the personnel charged with the violation belongs.
  1. Any disagreement or ambiguity in the interpretation and applica­tion of the provisions of this Joint Agreement shall be subject of consulta­tions between the two panels and resolved in accordance with the letter and spirit of the HAGUE JOINT DECLARATION and the pertinent provisions of the BREUKELEN JOINT STATEMENT.
  1. The two parties may mutually amend, modify or supplement this Joint Agreement if the progress of the peace negotiations so demands.
  1. After its approval as provided in No. 1 of III above, this Joint Agree­ment shall be effective and binding upon the parties 30 days prior to the formal opening of the peace negotiations on June 1, 1995 and for the dura­tion of the peace negotiations, unless this Joint Agreement is sooner terminated by written notice given by one party to the other. In the latter event, this Joint Agreement shall be deemed terminated 30 days after receipt of the notice of termination.
  1. The venue of the formal talks shall be Brussels, Belgium, unless both parties mutually agree on another neutral venue. For this purpose, both par­ties shall separately make arrangements with the host country concerned.

DONE IN THE TOWN OF NIEUWEGEIN, THE NETHERLANDS, ON THE 24TH DAY OF FEBRUARY 1995.

THE GOVERNMENT OF THE REPUBLIC                                                                                         THE NATIONAL DEMOCRATIC FRONT                                   OF THE PHILIPPINES                                                                                                                         OF THE PHILIPPINES

By:                                                                                                                                                         By:

HOWARD Q. DEE,                                                                                                                               LUIS G. JALANDONI                                                                       Chairman                                                                                                                                             Chairman

GRP Negotiating Panel                                                                                                                      NDFP Negotiating Panel

MEMBERS, GRP                                                                                                                                  MEMBERS, NDFP                                                       NEGOTIATING PANEL:                                                                                                                     NEGOTIATING PANEL:

JOSE V. YAP                                                                                                                                          FIDEL V. AGCAOILI

SILVESTRE H. BELLO III                                                                                                                      CONI K. LEDESMA

FELICIANO V. CARINO                                                                                                                       ASTERIO B. PALIMA

ZENAIDA H. PAWID

WITNESSES:

JESUS G. DUREZA                                                                                                                              JOSE MA. C. SISON

TERESITA L. DE CASTRO                                                                                                                  ROMEO T. CAPULONG

APPROVED BY:

(Sgd) FIDEL V. RAMOS                                                                                                                     (Sgd) MARIANO OROSA                                                                 President                                                                                                                                          Chairperson

Government of the Republic                                                                                                     National Democratic Front                                                         of the Philippines                                                                                                                         of the Philippines

April 25, 1995                                                                                                                                  April 10, 1995

The Breukelen Joint Statement

June 14,1994

 The GRP Panel headed by Chairman Howard Q. Dee and the NDF Delegation headed by Vice Chairperson for International Affairs Luis Jalandoni held talks from 10 to 14 June 1994 in Breukelen, The Netherlands. These talks were held to advance the peace negotiations pursuant to the Joint Declaration of the GRP and the NDF signed on September 1, 1992 in The Hague, The Netherlands (henceforth, The Hague Declaration).

Other participants in the GRP delegation were Representative Jose V. Yap and Atty. Silvestre Bello III, Panel Members; Representative Jesus Dureza, Panel Adviser; State Counsel Teresita L. de Castro, GRP Legal Consultant; and Executive Director Maria Lorenza Dalupan of the GRP Panel Secretariat.

Other participants in the NDF Delegation were Asterio Palima, NDF Representative to the Nordic countries; Coni Ledesma, Executive Director, NDF International Office; and Ruth de Leon, Members of the Delegation. Others present during the talks were Prof. Jose Maria Sison and Fidel Agcaoili as NDF Consultants.

Atty. Romeo Capulong of the Philippine Peace Center also participated as Legal Consultant.

The GRP and the NDF reaffirmed their adherence to The Hague Declaration.

The discussions were frank and candid. These allowed for clarification of issues and perspectives on both sides. Areas of agreement and disagreement were also defined, which include among others the following:

I.  CONFIDENCE BUILDING AND GOODWILL MEASURES

These are measures voluntarily undertaken by either side, not as pre­conditions to the holding or conduct of peace negotiations, but as means to improve the climate therefor.

  1. The NDF asserts that the rights of political prisoners be respected. The NDF further asserts that political prisoners should not be treated, charged, prosecuted or convicted as common criminals. Finally, the NDF asserts that the GRP should stop its policy and practice of treating and pros­ecuting political prisoners as common criminals.

In response, the GRP Panel denies that there are political prisoners. Further, the GRP Panel reiterates GRP’s policy that offenders who may have committed crimes in pursuit of political ends are to be charged with said “political” crimes as may be warranted by the evidence.

  1. The GRP Panel shall transmit to its principal the NDF proposal for the expeditious release of offenders who are found to have committed crimes in pursuit of political objectives, including those charged and/or convicted of common crimes committed in the pursuit of political objectives. The NDF shall furnish a nonbinding list of said prisoners/detainees, irrespective of their political affiliations.
  1. The GRP Panel acknowledges receipt of the NDF letter dated 10 June 1994 containing the findings of the NDF on the 30 missing military and po­lice personnel of the GRP and intends to respond to said letter appropriately.
  1. The NDF favorably endorses the claims for indemnification of the victims of human rights violations during the Marcos dictatorship for at least 30 percent of the money to be recovered from the Swiss bank deposits of the Marcoses.

The GRP Panel shall report this to its principal.

  1. The NDF asserts its integrity and shall consider it a violation of The Hague Declaration if the GRP Panel enters into talks with any person or en­tity pretending to represent the NDF or any of its organizations.

The GRP asserts its prerogative to adopt its own policy in this matter and in so doing, does not consider it a violation of The Hague Declaration.

 II.  ISSUES DISCUSSED

  1. The NDF asserts its vigorous objection to the adoption of Proclama­tion Nos. 347, 348 as amended by Proclamation No. 377, on the ground that these proclamations violate the letter and spirit of The Hague Declaration, more particularly, paragraph 4 and paragraph 5b which mandate that the subject matter covered by the proclamations properly belongs to the sub­stantive agenda of the bilateral negotiations. Furthermore, such amnesty pro­gram, adopted while peace negotiations are being conducted impinges upon the organizational integrity of the NDF.

The GRP Panel reasserts its firm position that the issuance of the afore­said amnesty proclamations, without prejudice to any other amnesty that may result from peace negotiations, does not violate the letter and spirit of The Hague Declaration, including paragraph 4 and 5b thereof. The GRP takes the position that the said proclamations respond to expressed desires of former rebels for amnesty so that they may live normal lives in peace, and the need to strike an equitable balance through amnesty for agents of the state to promote a climate of national reconciliation.

  1. The NDF asserts its objections to Executive Order No. 125 on the ground that it seeks to impose upon the peace negotiations the GRP Consti­tution as the framework for the peace talks and is in violation of The Hague Declaration.

The GRP reaffirms its position that its commitment to constitutional processes and the rule of law as enunciated in Executive Order No. 125 does not violate The Hague Declaration, nor does it mean that it will cite the Con­stitution as a basis for rejecting what otherwise would be just and valid pro­posals for reforms in society. If it is shown in fact that certain provi­sions of the GRP Constitution hinder the attainment of genuine reforms, the GRP Panel is willing to recommend to GRP authorities amendments thereto. In this context, it is clear that GRP’s adherence to constitutional processes does not constitute the imposition of the GRP Constitution as framework for the peace talks.

  1. Both sides recognize the need for further discussion on the provi­sions of The Hague Declaration that will lead to agreements in order to real­ize the objectives of The Hague Declaration.

III. AGREEMENT REGARDING THE NEXT ROUND OF TALKS

  1. The GRP Panel and the NDF Delegation shall hold the next round of talks to discuss and agree upon the sequence and operationalization of reciprocal working committees leading towards the formal talks.
  1. The GRP Panel and the NDF Delegation hereby agree to adopt safety and immunity guarantees for personnel who will participate in the peace negotiations as negotiators, staffers, consultants and security personnel, and the ground rules for future talks. Details shall be discussed and agreed upon by both parties in due time.

10.1 The next round of talks shall be held in the Benelux within the third quarter of 1994.
10.2 The agenda of the second round of exploratory talks shall include the following:

a. Opening Statements
b. Review of goodwill or confidence‑building measures
c. Review and discussion of issues
d. Safety and immunity guarantees
e. Ground rules for formal peace negotiations
f. Agreement on specifics of the four major points of the substantive agenda
g. Agenda of the first formal peace negotiations

1) Exchange of credentials
2) Sequence in the formation of the reciprocal working committees
3) Formation of the GRP Panel and NDF Panel reciprocal working committees that shall be agreed upon
4) Sequence of discussions of the items under each major heading.

h. Date and venue of the opening of the formal peace negotiations.

Government of the Republic                                                                      National Democratic Front
of the Philippines                                                                                          of the Philippines

Howard Q. Dee                                                                                                Luis Jalandoni
Chairman, GRP Panel                                                                                     NDFP Vice Chairperson for
For Peace Talks                                                                                               International Affairs
with the CPP/NPA/NDF                                                                                  & Head of NDF Delegation

Rep. Jose V. Yap                                                                                              Asterio Palima
House of Representatives                                                                            Member, NDF Delegation
Member, GRP Panel

Silvestre H. Bello III                                                                                        Coni Ledesma
Member, GRP Panel                                                                                      Member, NDF Delegation

Rep. Jesus G. Dureza                                                                                     Ruth de Leon
House of Representatives                                                                            Member, NDF Delegation
Adviser to the GRP Panel

Teresita L. de Castro                                                                                    Fidel Agcaoili
State Counsel                                                                                                NDF Consultant
GRP Legal Consultant

Maria Lorenza G. Dalupan                                                                          Atty. Romeo T. Capulong
Executive Director                                                                                       Legal Consultant
GRP Panel Secretariat

    Jose Maria Sison
NDF Consultant

The Hague Joint Declaration

September 1, 1992

We, the undersigned emissary of the Government of the Republic of the Philippines (GRP) and the undersigned representative of the National Democratic Front (NDF) have held exploratory talks at The Hague, The Netherlands on August 31 ‑ September 1, 1992 and have agreed to recommend to our respective principals the following:

  1. Formal peace negotiations between the GRP and the NDF shall be held to resolve the armed conflict.
  2. The common goal of the aforesaid negotiations shall be the attainment of a just and lasting peace.
  3. Such negotiations shall take place after the parties have reached tentative agreements on substantive issues in the agreed agenda through the reciprocal working committees to be separately organized by the GRP and the NDF.
  4. The holding of peace negotiations must be in accordance with mutually acceptable principles, including national sovereignty, democracy and social justice and no precondition shall be made to negate the inherent character and purpose of the peace negotiations.
  5. Preparatory to the formal peace negotiations, we have agreed to recommend the following:

a)  Specific measures of goodwill and confidence‑building to create a favorable climate for peace negotiations; and

b)  The substantive agenda of the formal peace negotiations shall include human rights and international humanitarian law, socio‑economic reforms, political and constitutional reforms, end of hostilities and disposition of forces.

 Signed on September 1, 1992 in The Hague, The Netherlands.

 

For the                                                                                                                         For the                                                                                                                     Government of the Republic                                                                                National Democratic Front                                                                           of the Philippines                                                                                                     of the Philippines

Rep. JOSE V. YAP                                                                                                         LUIS JALANDONI                                                                                                Emissary                                                                                                                     Representative

WITNESSES:

Rep. Eric D. Singson                                                                                                   Coni  Ledesma

Teresita de Castro                                                                                                     Byron Bocar                                                                                                      State Counsel

Jose Maria Sison

APPROVED BY:

(Sgd) Fidel V. Ramos                                                                                                  (Sgd) Manuel Romero                                                                                         President                                                                                                                     Chairperson                                                                                                         Government of the Republic                                                                                   National Democratic Front                                                                                   of the Philippines                                                                                                      of the Philippines

October 8, 1992                                                                                                        September 9, 1992

10 GPH-NDFP Bilateral Agreements

September 1, 1992
The Hague Joint Declaration

June 14,1994
The Breukelen Joint Statement

February 24, 1995
Joint Agreement on Safety and Immunity Guarantees

February 26, 1995
Joint Agreement on the Ground Rules of the Formal Meetings between the GRP and NDFP Panels

June 26, 1995
Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWCs)

June 26, 1996
Additional Implementing Rules Pertaining to the Documents of Identification

March 18, 1997
Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agreement)

March 16, 1998
Additional Implementing Rules of the Joint Agreement on Safety and Immunity Guarantees (Jasig) Pertaining to the Security of Personnel and Consultations in Furtherance of the Peace Negotiations

March 16, 1998
Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes

March 16, 1998
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines

National Democratic Front of the Philippines (NDFP) Draft

NDFP Draft – 26 February  1998

COMPREHENSIVE AGREEMENT ON SOCIAL AND ECONOMIC REFORMS
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
AND THE NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES,
hereinafter referred to as GRP
and
The NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES
hereinafter referred to as NDFP
Hereinafter referred to as “the Parties

 

PREAMBLE

            Recognizing  the need for basic social and economic reforms to uphold the national and democratic rights and interests of the broad masses of the people and for a comprehensive agreement along this line as decisive in laying the ground for a just and lasting peace,

            Considering that the persistent subordination to imperialism, the industrial backwardess and agrarian character of the Philippine economy and the consequent grossly iniquitous social and economic relations and massive poverty are the fundamental causes of the prolonged armed conflict,

            Acknowledging  that the aforementioned national and social problems are engendered and perpetuated by the drive of the foreign monopoly corporations and banks, multilateral agencies and the dominant foreign economic powers led by the United States, and their domestic allies — the big comprador or trading bourgeoisie, the big landlords and the big bureaucrat capitalists — to extract the utmost profit from the country and its people,

            Upholding economic sovereignty and independence against foreign monopoly capitalism and aiming to recover, conserve and defend the national patrimony, protect the environment, carry out national industrialization and land reform and thus bring about self-reliant and all-round social and economic development,

            Realizing that the Philippines is endowed with abundant natural resources, a competent labor force, and technologically adept managerial and entrepreneurial forces to make itself  economically self-reliant,

             Affirming social justice and aiming to protect the rights and interests of the people, especially the toiling masses of workers and peasants, women and the ethnic minorities, and including national entrepreneurs,

            Reaffirming  protection and promotion of social, economic and cultural rights to complement civil and political rights guaranteed by  international covenants,

           Cognizant of the need for the basic masses, the workers and peasants, and their organizations, to assume decisive role in the formulation and implementation of national socioeconomic plans and programs and for all patriotic and democratic classes and sectors to contribute to the building of a just and prosperous society,

            Assuming common and separate duties and responsibilities for upholding social, economic and cultural rights and carrying out social and economic reforms under their respective constitutions and under international law,

            Complying  with mutually acceptable principles as well as the common goals in The Hague Joint Declaration of September 1, 1992, the Breukelen Joint Statement of June 14, 1994 and pertinent joint agreements hitherto signed, and

            Fully aware of the need for sound policies and effective mechanisms and measures for upholding, protecting and promoting social, economic and cultural rights and carrying out social and economic reforms,

            SOLEMNLY ENTER without reservation into this Comprehensive Agreement on Social and Economic Reforms.

Part I.

DECLARATION OF PRINCIPLES

Article 1.  The Parties are governed by the framework of negotiating and agreeing under mutually acceptable principles of national sovereignty, democracy and social justice and with no precondition that negates the character and purpose of peace negotiations, as stipulated in The Hague Joint Declarationand reaffirmed in the Breukelen Joint Statement and subsequent agreements.

Article 2.  The Parties uphold the principles of mutuality, reciprocity and parity in the conduct of the peace negotiations and in the implementation of this Agreement and all other agreements which they may enter into in accordance with The Hague Joint Declaration.

Article 3 .  The Parties recognize that the foundation of the social, political and cultural life of society is its economy.

Article 4.  The Parties are motivated to forge a comprehensive agreement on social and economic reforms by the need to solve the fundamental problems of exploitation, oppression, backwardness and massive poverty and thereby lay the ground for a just and lasting peace.

Article 5.  The Parties affirm the basic task of forging the unity of all patriotic and freedom-loving Filipinos in order to eliminate imperialist dominance, feudal backwardness and comprador-bureaucrat exploitation and oppression which constitute the primary obstacles to the attainment of national liberation and social emancipation.

Article 6. The Parties resolve to reverse the current policy of liberalization, deregulation and privatization that has exacerbated the current socioeconomic crisis and in its stead adopt a patriotic and democratic standpoint in the formulation and implementation of  all socioeconomic plans and programs.

Article 7.  The Parties assert  that in order to harness the full potential of the workers, peasants and other producers and small traders socioeconomic planning must be undertaken in democratic consultations with organs of people’s power from the grassroots level upward.

Article 8.  The Parties affirm and uphold the welfare of the Filipino people, especially the basic toiling masses of workers and peasants and the ethnic minorities as the primary guiding principle in the utilization of the national patrimony to bring about social and economic development.

Article 9.  The Parties agree to undertake forthwith, jointly and separately, an agrarian reform program to dismantle feudal and semifeudal relations by expropriating landlord property as the method breaking land monopoly in the countryside and to distribute the land to the direct and actual tillers for free.

Article 10. The Parties agree to immediately adopt a policy and draw up a program of national industrialization, with heavy industries as the leading factor and agriculture as the base, to create the basic conditions for a comprehensive, well-balanced and nationally self-reliant economic development.

Article 11.  The Parties agree on the expropriation of imperialist, comprador-bourgeois and bureaucrat capital as a crucial factor for self-reliant economic development in order to prevent capital drain from the country and to eliminate foreign monopoly control of the economy.

Article 12.  The Parties recognize the plunderous character of the globalization drive of foreign monopoly capital as demonstrated by recurrent economic crises and shall adopt policies to stop the foreign monopoly banks and firms from further exploiting and plundering our human and other resources.

Article 13. The Parties agree to conduct economic reconstruction and development along the principle of securing the people’s welfare, maintaining ecological balance,  assuring continuous regeneration of renewable natural resources and judiciously using nonrenewable resources.

Article 14.  The Parties affirm, uphold and support the rights and welfare of women, children and youth, the urban and rural poor, migrant workers, national and ethnic minorities, the aged,  the disabled and other exploited, oppressed, disadvantaged and discriminated sectors.

Article 15.  The Parties agree to assume obligations for the full realization of the rights consistent with such generally accepted principles and instruments of international law as the International Labor Convention of 1948 on Freedom of Association and Protection of the Right to Organize, the International Covenant on Economic, Social and Cultural  Rights of 1966, International Covenant on the Rights of Migrant Workers and the Members of their Family and other similar or relevant international covenants.

Article 16.  The Parties hereby forge this Agreement in order to assume their constant and continuing commitment to carry out social and economic reforms and to respect and effect  the people’s social, economic and cultural rights.

 

Part II.

BASES, SCOPE AND APPLICABILITY

Article 1.  The provisions of this Agreement address the concrete semicolonial and semifeudal conditions and the fundamental question of national and social liberation through social and economic reforms.

 

Article 2.  The main objectives of this Agreement are:

  1. a) to uphold, protect, defend and promote economic sovereignty,
  2. b) to conserve the national patrimony and protect the environment,
  3. c) to carry out agrarian reform and national industrialization, and
  4. d) to advance the rights of the working people, women, national and ethnic minorities and other exploited, oppressed, discriminated and disadvantaged sectors of society.

 

Article 3.  In entering into this agreement, the GRP is guided by its Constitution and the NDFP by theGuide for Establishing the People’s Democratic Government.  Accordingly, the Parties hold themselves responsible jointly and separately in implementing this Agreement.

Article 4.  The Parties are guided by such universally accepted principles and instruments of international law as the International Covenant on Economic, Social and Cultural Rights of 1966, the International Labor Convention of 1948 on Freedom of Association and Protection of the Right to Organize and other similar or relevant international covenants.

Article 5. The Parties shall confront, remedy and prevent the most serious violations of economic, social and cultural rights.  They shall uphold the principle that no state, nation, class or group is allowed to invoke the right of  the individual in the abstract in order to oppress and exploit another state, nation, class or group; and that their overriding objective is social justice and the common good.  They shall work to redress the injustices and discrimination inflicted on the working people, women, national and ethnic minorities and other exploited, oppressed and discriminated sectors.

Article 6.  The Parties agree to constitute or cause the formation of a political authority enjoying the trust and confidence of the people and empowered to ensure that both Parties carry out this Agreement in full.  Such political authority shall be the subject of negotiations between the Parties under the agenda of political and constitutional reforms in accordance with The Hague Declaration and othe subsequent agreements.

Article 7.  The Parties as well as the political authority to be constituted under their joint initiative shall respect the inviolability of contracts, without prejudice to the review, renegotiation and rescission of contracts contrary to or in circumvention of this Agreement.  All contracts deemed contrary to, or in circumvention of, this Agreement shall be forthwith reversed, renegotiated or rescinded.

 

Part III

ECONOMIC SOVEREIGNTY AND NATIONAL PATRIMONY

Our country and its people have suffered foreign economic exploitation for more than four centuries, first under Spanish colonial masters, then US colonial and imperialist masters and now by foreign multinational corporations and multilateral agencies of the dominant capitalist powers, particularly the United States, Japan and the European Union.   Every year, foreign monopoly firms and banks draw from our shores huge amounts of capital in the form of repatriated profits, dividends, royalties and capital. Together with the mounting import bill, amortization of loans and interest payments to foreign entities, these huge amounts of capital outflow have resulted in chronic balance of payments deficits.   The lack of economic opportunity and the depressed economic conditions in our country compel our workers and professionals to seek jobs and a better life in the increasingly exploitative, oppressive and inhospitable working and living conditions of other countries, thereby draining our human resources.

The Philippine environment has been wantonly violated and degraded.  This disaster impelled by the exploiters’ greed for profit has caused displacement of hundreds of thousands of our people from their habitation, among them the national and ethnic minorities from their ancestral lands.  The rapacious activities of foreign corporations and their local partners take no heed of the well-being of our people and their environment.

Under these circumstances, the Parties recognize that the will and unity of the Filipino people must be forged to promote and achieve economic sovereignty and secure our national patrimony.   To this end, the Parties, jointly and separately, assume the duties and responsibilities in effecting  the Articles hereunder.

Article 1. The Parties recognize the need for the Filipino people to liberate the economy from foreign dominance and pursue a program of  national economic development that harnesses both the public and private sectors.

Article 2.  All resources of the public domain, including land, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests, wildlife, flora and fauna and other natural resources shall not be alienated.   In this regard, the legitimate interests of settlers and national and ethnic minorities shall be fully respected.

Article 3.  All mining operations shall be strictly regulated with the objective of ensuring the domestic processing of mineral ores up to the secondary and tertiary stages of industrial production while at the same time guaranteeing environmental protection, social compensation for disturbance and damage caused as well as democratic consultation with, and the consent of, the people in the communities immediately and directly affected by such operations.

Article 4. Commercial logging shall be prohibited until sufficient forest cover for the country has been regenerated.  All logging shall be reserved exclusively for Filipino nationals. A program of forestry management and rehabilitation, including massive reforestation and afforestation campaigns, assured of adequate budgetary appropriations, shall be carried out. Municipal logging by communities adjacent to the forests shall be allowed with adequate measures and supervision to ensure proper culling.

Article 5.  The nation’s marine wealth in its archipelagic waters, territorial seas and exclusive economic zone shall be protected and its use shall be reserved exclusively for Filipino nationals.  Cooperative fish farming, subsistence fishermen and fishworkers in rivers, lakes, bays and lagoons shall be assured of preferential rights thereto.

Article 6. The Parties, jointly and separately, as well as the political authority constituted under their initiative shall adopt measures and take decisive steps to achieve genuine technology transfer to Filipino enterprises from foreign entities supplying machinery, equipment and technical processes. These shall include, among other measures, practices such as compulsory licensing, compulsory disclosure, limited duration  for patents and purchase of patents.

Article 7.  A policy to develop our human resources and expand secure and well-compensated job opportunities for all Filipino nationals shall be adopted. The policy shall undertake to encourage intellectuals and scientists in the conduct of scientific and technological research, development and education through adequate budgetary and other support.

Article 8.  Filipino scientists, technologists and workers shall have first priority of employment in all enterprises; however, where no Filipino experts are qualified, foreign experts may be hired on contract for no more than five years within which they shall transfer full and complete knowledge and skills to Filipinos.

Article  9.  Research and preservation of the positive cultural heritage of the Filipino people shall be strongly supported. The outstanding cultural legacies of our people, including the signal achievement of being the first to wage a revolution against Western colonialism and aspire to establish a democratic republic in the region,  shall be promoted through research, the arts and other cultural activities.

Article 10. Commonly available and wild varieties of flora and fauna shall not be the subject of appropriation by private and foreign agencies through intellectual property conventions such as patents and licenses.  Where allowed, patenting of varieties of flora and fauna on Philippine territory shall be the exclusive privilege and preserve of Filipino nationals or entities.   The patenting of all human genes shall be prohibited.

Article 11. All existing laws, treaties and other issuances adverse to the preservation and protection of our national patrimony such as, but not limited to, the Mining Act of 1995,  the Foreign Investments Act of 1991, the Land Lease Law of 1995, the RP-Japan Treaty of Amity, Commerce and Navigation of 1975 and the Privatization Act of 1989 shall be immediately repealed, abrogated or rescinded.

 

Part IV.

AGRARIAN REFORM AND AGRICULTURAL DEVELOPMENT

The problem of landlessness among tillers of the soil has persisted since the Spanish era.  The Spanish encomienda system as transplanted to our shores led to the dispossession of the native peasants. The hacienda system introduced by the Spanish religious orders in 1644 further entrenched the feudal structure imposed by the Spanish colonialists and has remained up to the present. The impact of 19th century capitalist development started the transformation into a semifeudal economy by encouraging the production of export crops such as sugar, coconut and hemp.

The impingement of foreign monopoly capitalism has preserved the semifeudal character of the Philippine economy. As of 1996, tenancy existed in 35 percent of all Philippine farms and in 26 percent of the total farm area, compared to 26 percent tenancy rate  of all Philippine farms in 1980.  This indicates that all past “land reform” exercises of successive Philippine administrations have not eliminated, but have even worsened, the semifeudal character of the economy.

There is the overwhelming resistance of the big landlord class to any significant breakup of their land monopoly in favor of their landless tenants.  All GRP-legislated land reform schemes have catered to the wishes of the landlords and have thus reduced land reform to real estate business transactions.

 

Agrarian reform is the main content of the demand for social justice and is the key component  of democratization in our country because it lays the ground for the economic, political, social and cultural liberation of what continues to be the most numerous class in Philippine society.

With this in perspective, the Parties agree to assume separate and joint duties and responsibilities in effecting the following program for genuine agrarian reform in the Philippines to address the age-old problem of landlessness of the tillers:

Article 1. Land monopoly shall be broken up and safeguards against land remonopolization or refeudalization shall be institutedThe expropriation of all agricultural lands and other agricultural means of production owned by landlords shall be undertaken.  The expropriated land shall be redistributed for free to the tillers, with preference given to those who have been occupying their lands as tenants and leaseholders. The sale, mortgage or any other encumbrance or mode of transfer of all expropriated land shall be prohibited, except to the peasant associations or the political authority constituted under the initiative of the Parties, in cases where the owner-tillers can no longer till the land for one reason or another.

 

Article 2. The policy of compensation shall be adopted to encourage landlords, whose lands and other agricultural means of production are expropriated, to invest in industrial and other productive enterprises.

Article 3.  The policy of expropriation with compensation shall apply to landlords who have a proven record of actively supporting progressive land reform.  The relevant or effective organ of political power in the area, in close democratic consultation with the peasant associations, shall determine the specific applicability, amount and methods of compensation, according to the general guidelines outlined in this Agreement or in a new agrarian law to be subsequently agreed upon by the Parties.

Article 4.  Landlords are proven to have engaged in landgrabbing and proven guilty of serious crimes such as extrajudicial executions, maintaining private armies, etc., particularly in connection with agrarian disputes, shall have their land subjected to outright confiscation.  Abandoned agricultural lands and other lands not put into productive use shall be subject to expropriation without compensation. Such expropriation shall be undertaken by the effective organ of political power in the area,  in demcratic consultation with the peasants and their associations.

Article 5. Land shall be distributed for free to enable the poor peasants, farm workers and lower-middle peasants to achieve the status of middle-middle peasants.   In the distribution of land, the principle of equity shall be applied based on the following consideration:

  1. the total amount of land available for distribution in the area;
  2. the size and labor power of  the beneficiary family or household; and
  3. the quality and location of the land, and
  4. the type of crop to be planted.

        

Article 6. The policy of expropriation shall extend to land used by capitalist farms.  Subject to negotiations based on national interest, Filipino owners of capitalist farms may retain ownership of their non-land assets like farm machinery, warehouses, buildings, offices and vehicles, and engage the new owners of agricultural land in joint corporate or cooperative relationship, or may be encouraged to sell or lease the aforementioned properties to the new owners.

 

Article 7.  All nontilling small landowners with holdings not exceeding 15 hectares shall not be subject to expropriation but shall be encouraged to sell their land.  The purchase value of their lands shall be equivalent to the value assessed for previous tax payments, except in the case of nontilling small owners who purchased the land within the last ten years and who shall be paid the going market price.

Article 8. Owner-peasants of middle-middle status may be given some share of the land being distributed free, subject to land availability, in order to raise their level of livelihood, provided they themselves shall till the land and that their land share does not give them the status of  rich peasants.

Article 9.  Workers, handicraftsmen, peddlers and other poor nonpeasants who are willing to till the soil may be given, subject to land availability, a share of the land being distributed freeShould they continue to have means of livelihood other than tilling the soil, their land share shall be correspondingly adjusted.

Article 10.  Work animals, farm implements and other property expropriated from the landlords shall be distributed free based on the principle of equity or turned over to the peasant association for administration and common use.

Article 11.  Surplus landholdings and other means of production of rich peasants and  and upper-middle peasants shall not be subject to expropriation.  These peasants shall be enjoined and persuaded to raise the wages of the farm workers they hire or reduce the rent paid to them by their tenants in accordance with standards set by the peasant association.

Article 12.   Homes, industrial and commercial enterprises, artisans’ shops, schools, religious houses, plazas, public playgrounds and the like shall be alloted their necessary land sites, which shall actually, directly and exclusively be used for such purposes.

Article 13.  Pending the free distribution of land, all tenants shall be assured of ownership of free home lots from their landlord.

Article 14.  Landlords may be allotted part of their land to the same extent and quality given to the poor peasants and lower-middle peasants, provided that they shall till the land themselves.   Landlords with a proven record of actively supporting progressive land reform shall be allowed to retain a piece of land equivalent to that owned by a rich peasant.

Article 15.  Persons of good standing who have left their home barrios shall upon their return be given due share of the land being distributed, provided that they shall  till  the land themselves.

Article 16. The lease and leaseback arrangements with foreign corporations involving vast tracts of land or plantations such as  Dole (Philippines) and Del Monte (Philippines) in Mindanao, shall be immediately terminated and the contracts rescinded. These plantations shall be nationalized and run by the workers and peasants under cooperative or national corporate management.

Article 17.  Expropriated  haciendas cultivated by wage workers shall be converted into workers’ cooperatives or collectives upon democratic consultation with the workers tilling the land.   However, tenanted haciendas shall be subject to free land distribution to their tenants.

Article 18.  Leased lands devoted to ranches and cattle farming shall  be expropriated  and transformed into workers’ cooperatives or collectives, upon democratic consultation with the peasants and workers on these lands. The compensation, if any, for cattle, horses and other livestock on these ranches and farms shall be determined through consultation between the peasants and workers on these lands and the current owner/s of the livestock.  Lands suitable for tillage but covered by leases for ranches and cattle farms shall be redistributed to landless tillers.

Article 19. Land formerly occupied as military bases and other military reservations or parts thereof  which are suitable for agriculture may be redistributed to landless tillers.

Article 20.  Nonowner-operated  privately-owned fishing areas, including those in marine and inland  waters, shall  be expropriated and all private leases of the same shall be immediately terminated.  These areas shall revert to the public domain and shall be used mainly as communal fishing grounds.  Municipal fishing grounds shall be protected from encroachments by big local and foreign fishing boats.

Article 21.   Land used as fishponds, including prawn farms, shall be covered by land reform.  Where tenancy relations operate, fishponds shall be distributed for free to the the tenants.  Where wage relations operate and partitioning will adversely affect productivity, fishponds shall be transformed into publicly-owned farms or into cooperatives or collectives, subject to democratic consultations with the workers therein.

Article 22. The welfare of all agricultural workers in terms of adequate wages, satisfactory working conditions, retirement and other benefits shall be promoted and undertaken.

Article 23. The right of national and ethnic minorities to their ancestral domain shall be recognized and their communal property rights shall be guaranteed under this Agreement. The demarcation of their ancestral and communal lands shall be determined through democratic consultation with them and their associations.

Article 24.  Peasant cooperatives and collectives shall be formed and promoted to consolidate the gains of agrarian reform and raise agricultural and all related production.  They shall also be encouraged and assisted by the public sector in establishing and operating tree farms, orchards, fishponds, livestock farms, pasture land, carpentry shops, farm machinery depots, pools of work animals and rural industries that are beyond the work or ownership scale of  single households.

Article 25. The cooperatives and collectives shall be run through peasants’ associations in their respective areas or  localities.  Peasants who have been granted free land shall have the choice to either individually work on their lands or be organized into cooperatives or collectives.

Article 26. Owner-peasants who are not beneficiaries of free land redistribution shall be encouraged to form cooperatives through such incentives as technical assistance and credit privileges.

Article 27.  A program shall be implemented to attain self-sufficiency in food production through extensive capital investment in the countryside. Agricultural production shall be primarily geared to domestic demand in order to achieve food self-reliance and to supply raw materials for domestic industrial production.

Article 28.  Land-use conversion of prime agricultural land devoted to food production shall be prohibited. Economic or agrarian schemes or policies of the GRP legitimizing the conversion of prime agricultural lands into so-called industrial estates, urban-housing estates and subdivisions, golf courses or for the cultivation of  export luxury crops shall be immediately terminated and reversed.

 Article 29.  The public sector shall ensure food security in grain, protein sources and cooking oil and maintain prices at a level beneficial and encouraging to the peasant producers.  Usury and other unduly exploitative practices in the trading of agricultural inputs and produce shall be combated, prohibited and eventually eliminated.

Article 30. To increase productivity in the agricultural sector, financial assistance in the form of subsidies for the purchase or rent of farm machinery and equipment shall be extended to cooperatives and collectives.  Low interest or interest-free credit within  definite periods of time shall likewise be offered to peasant associations to enable them to expand their production and raise productivity to assure the urban areas of a stable supply of food and other agricultural products.

 

Article 31.  The provision of more farm technicians, agricultural credit  to the tillers, post-harvest facilities, marketing agencies, irrigation systems and farm-to-market roads shall be an integral part of the agrarian reform program.

Article 32. Fair farmgate prices shall be paid for the peasants’ produce.  Such prices shall be determined in democratic consultation with peasant associations on the basis of affording the peasants a stable and decent standard of living.

Article 33.  Rural banks shall be established and their primary clientele shall be the agricultural cooperatives and collectives.

 Article 34.  In line with this Agreement, a new agrarian law shall be enacted to breakup land monopoly by a small number of big landowners and prevent land remonopolization;  to  redistribute agricultural lands for free to the broad masses of the peasants and farm workers; and to set up cooperatives and collectives among the peasants and farm workers  for the purpose of raising production in agriculture and side occupations. Such law shall also contain provisions guaranteeing the reform of the fishing sector to benefit the broad masses of the fisherfolk. The new agrarian law shall be subject to negotiations between the Parties.

 

Article 35.   A Joint Agrarian Institute whose personnel are to be nominated by the peasant associations shall be established. The Institute shall supervise the implementation of agrarian reform in close cooperation with the peasant associations.  Peasant associations shall be at the forefront in the implementation of the new agrarian law referred to in the immediately preceding article.  The Joint Agrarian Institute shall be subject to negotiations between the Parties.

Article 36.  The participation of peasant associations and other nongovernmental people’s organizations shall be given full play in supporting the realization of agrarian reform and agricultural development.

 

Part V.

NATIONAL INDUSTRIALIZATION  AND ECONOMIC DEVELOPMENT

The Parties recognize that national industrialization is the key to the establishment of a modern and diversified industrial economy that can secure the livelihood of the masses, guarantee the satisfaction of their basic needs, ensure rapid and sustained economic growth and achieve economic independence from imperialist domination.

National industrialization entails maximum self-sufficiency in the industrial production of capital, intermediate and consumer  goods for domestic needs based on national potential.  Its objective is to break the neocolonial pattern of production, investments, and trade based mainly on the export of agricultural and extractive raw materials, the importation of surplus finished goods, agricultural commodities and capital, and the re-export of reassembled or repackaged imported manufactures.

Economic development  can avail of the comprehensively rich natural resource base, the skilled forces of production, including the workers, peasants, pool of scientists and technologists and the rest of the Filipino people, who at the same time are the primary consumers.  Likewise, the development of industry, science and technology can reverse the drain of highly competent and skilled human resources for whose development huge investments have been expended from the social product.

            The monopolization of capital and domination of the economy by the combined forces of the foreign capitalists and the domestic big compradors and the consequent exploitative national and social relations have resulted in maldevelopment and widespread poverty.  The Parties recognize that the development of the domestic forces of production requires as a precondition the dismantling of such monopolization and dominance.

In cognizance of the above, the Parties agree to assume separate and joint duties and responsibilities to pursue national industrialization and self-reliant economic development in accordance with the following:

Article 1.  The Parties agree to break the dominance of foreign monopoly capitalists and the comprador big bourgeoisie over the means of production and the economy, mainly through expropriation of foreign-monopoly and  big-comprador assets.

Article 2.  The Parties agree to undertake the expropriation and nationalization of the direct investments and other profit-making assets of US, Japanese and other foreign monopoly capitalists in vital and strategic industries. Where necessary, the manner of compensation as well as exceptions to this policy shall be subject to negotiation.  Exemptions shall be made only in cases of exceptional record  with respect to contributions to the national economy, in terms of technology transfer, worker policy and access to products or markets as defined by a specific economic plan.  However, in no case shall foreign equity exceed 40 percent in these enterprises.

Article 3.  Assets of big compradors and bureaucrat capitalists shall be expropriated.   Their cartels and big monopoly commercial operations shall be dismantled.  However, the disposition of their productive assets or enterprises used as base for their commercial operations shall be subject to negotiation based on national interest.    Ill-gotten assets of bureaucrat capitalists shall be subject to immediate confiscation.

Article 4.  The Parties agree that public-sector enterprises, variations of joint public-private venture, cooperative and individual entrepreneurship shall all be recognized as legitimate modes of ownership of enterprises.  As a primary emphasis, production and distribution shall be oriented towards achieving overall social and economic goals.

Article 5. The Parties agree that the public sector shall assume ownership and operation of vital and strategic enterprises, the main sources of raw materials, and the main lines of distribution.  The public sector shall be wholly responsible for all utilities (power, water and sanitation, communications-telecommunications and postal services, and mass transport) and social services (housing, health, education, social security).  Comprehensive plans shall be drawn up and implemented to improve the provision of public utilities and services to all the people and to preclude profit-determined allocations.

Article  6.  All industrial enterprises and mechanized farms shall have workers’ councils whose representatives shall sit in the board of directors or trustees and participate in policy making and management. The policy and decision-making authority of the workers’ councils shall cover production, marketing, and overall organizational management.   Workers’ participation in running industry shall be further strengthened through encouragement of and incentives for collective ownership and control of enterprises.

Article 7.  Where there are unions in an enterprise, the workers shall have the option to organize the  workers’ council through the union or to directly organize a separate workers’ council alongside the union.

Article 8.  Cooperatives of small and medium-scale manufacturers shall be encouraged and supported.

Article 9.  The national bourgeoisie and smaller private owners of the means of production shall be given support for their creativity and efforts.  They shall be given the necessary incentives and support in areas where their private initiative will be most productive.

Article 10.   State-owned real estate, buildings and facilities are public assets and their disposition shall be determined according to the requirements of the general program of national industrialization.

 Article 11.  Savings for industrial development shall be generated by setting definite limits on the allocation of public funds for the military and police, imported equipment for the use of offices and infrastructure projects that are not directly related to industrial and agricultural development.

Article 12.  Foreign investments and loans shall be availed of only in cases of clearly   unreplicable advantages in terms of technology transfer or access to capital, products or markets as defined by specific economic plans.

Article 13.  Foreign corporations and entities in manufacturing enterprises may be allowed a minority equity share.  Safeguards shall be adopted against such devices or schemes as the use of dummies, interlocking directorates and shell corporations.

Article 14.  The retail trade industry shall be exclusively in the hands of Filipino nationals.  The moves towards “liberalizing” or opening retail trade to aliens shall be reversed and measures taken to stop the pervasive violation and circumvention of this agreed policy of limiting retail trade exclusively to Filipino nationals.

Article 15.  All foreign capital shall be subject to strict regulation and supervision with regard to employment practices, access to capital, pricing, profit remittances and  capital repatriation.  Regulation shall particularly focus on the entry of all forms of foreign speculative capital,  on capital repatriation in whatever form (profits, royalties, franchises, or through transfer-pricing) and on access to domestic capital and shall have the objective of reversing the continuous drain of capital from the country.

Article  16.   The Parties agree to acquire and develop the capacity for producing the industrial goods necessary for industrialization and to break the prevailing economic structure designed along the needs of foreign monopoly capital and having  the effect of keeping domestic industry backward.

Article 17.  The Parties agree to adopt social planning for the purpose of ensuring balanced and well-proportioned economic development, with heavy industry as the leading factor, agriculture as the base and light industry as the bridging factor of the economy for immediately producing basic consumer goods for the entire people and producer goods needed by agriculture.

Article 18.  All  economic plans shall, on the basis of the concrete situation at any given  time, specify the phasing of industrial development and shall ensure that priorities are adhered to.  Strategic industrial objectives shall be the overriding consideration in the formulation and implementation of such economic plans.

Article 19.  Measures to ensure and encourage national industrialization, including but not restricted to tariffs, tax exemptions, foreign exchange controls, credit and investment incentives, quotas or outright import prohibitions, shall be adopted and used to encourage production in the import-substitution industries, which are essential to the creation of a domestic industrial base.

Article 20.  Favored and protected industries under Article 19 immediately above shall be subject to controls aimed at preventing monopolistic behavior and ensuring productivity improvements. Performance requirements shall be drawn up and strictly implemented.

Article 21.  Importation of necessary capital goods shall be undertaken, especially in the initial stages of industrialization, with a view to building the country’s capital goods industry and ending import-dependence as soon as possible.

Article 22.  The development of industry shall be programmed in accordance with the availability of resources and with due consideration of the capability and wellbeing of the people, especially the worker and peasant masses.

Article 23.  The Parties agree to develop heavy industry as the leading factor in a comprehensive and well-balanced development of the economy and shall be guided by the following:

  1. Priority shall be given to the creation and/or expansion of a modern industrial sector producing capital and intermediate goods.  Basic heavy and medium industries shall be built for the production of base metals, basic chemicals, petrochemicals, pharmaceuticals, machinery, precision instruments, electronics, and consumer durables. These shall ensure that the industries producing the consumer goods and rural producers’ goods, including farm machinery and equipment, post-harvest storage and processing facilities, are sustained in the long-run.  Special emphasis shall be given to maximum use of locally available raw materials.

 

  1. The public sector shall be responsible for ensuring the production and provision of energy sources.  It shall likewise ensure the provision of utilities and infrastructure, and of essential social services needed by industry.
  2. Higher-stage and end-product domestic processing of such raw materials as coconuts, sugar, metal ores and the like shall be encouraged and given priority in lieu of the current preference for and practice of raw-material production-for-export.
  3. Ecological considerations in industrial development shall be given due emphasis and attention in order to counter or eliminate the destructive effect on the people’s health and the environment of certain heavy industrial processes. Measures to ensure the protection and efficient utilization of the country’s renewable and non-renewable resource base shall be instituted.

Article 24.  The Parties agree to make agriculture the base of the economy.  In order to realize the goal of national industrialization, genuine agrarian reform shall be undertaken in the agricultural sector.  This shall be developed to perform its critical role as a source of investible surplus direct from the peasants to national industry, as a vast market for the  consumers’ and producers’ goods yielded by the industrial sector and as a source of raw materials for industry.

  1. Industrial production shall aim at adequately meeting the consumption and production needs of the peasantry, as a goal in itself and insofar as the domestic market serves as the anchor of industrialization efforts, especially in the early stages when it is difficult to compete internationally.
  2. Industrial production shall be geared towards agricultural mechanization, modernization, and productivity increases to effect maximum accumulation of capital as well as to ensure food security.
  3. Rural industrialization shall build on the expansion of rural markets and on agricultural modernization to increase manufacturing activities and generate employment opportunities in the rural areas.  Initially, foundries and metal workshops are to be set up and blacksmithing revived.  All rural industries shall maximize all forms of linkages to the urban areas.

Article 25.  The Parties agree to reorient light industry, which for a long time has consisted mainly of import-dependent low value-added processing of goods for export, towards its development as the bridging factor for immediately producing the basic consumer goods for the entire people and such producers’ goods as agricultural inputs, tools and light machinery needed by the agricultural sector.

  1. While due emphasis given to developing heavy industries, the primary concern of economic planning shall be to serve the basic needs of the people, especially the basic masses.  This is to ensure mass support for the industrialization drive as a major goal of development.
  2. Basic and essential consumer goods industries shall be expanded as rapidly as possible to ensure widespread access to consumer necessities.  Priority shall be given to light industry including  the processing of grains, cereals, fruits and vegetables, beverages and dairy products, meat and poultry; aquaculture and fisheries, clothing-footwear, textile and garment industries and mass housing.
  3. Industrial capacity in the production of rural producer goods shall be immediately established as the first stage in the process of agricultural mechanization and increasing agricultural productivity.  Priority shall be given to light industry in the production of agricultural equipment, including hand tools, farm implements, light motors, biomass-based fertilizers, improved seed varieties and feeds.

Article 26.  The Parties shall take appropriate steps to reverse the current practice of corporations, particularly foreign, of concentrating industries in a few urban trading centers and without linkages to the rural sector.

Article  27.  The Parties agree to give a high premium on the development of the country’s capabilities in science and technology as an essential requirement for rapid and sustained expansion of productive capacity.  Measures shall be taken to break the foreign monopoly capitalists’ exclusive control over key industrial technologies that enable them to perpetuate domination and control over particular industrial subsectors and over the entire economy as well as to keep domestic industrial processes backward.

Article 28.  The Parties shall adopt measures to promote research and development in the basic and applied sciences.  Conscious and sustained investment in developing science and technology shall be undertaken, together with protective measures, in the  active effort to develop domestic productive capacity.  To this end:

  1. The historical and prevailing neglect of the country’s science and technology infrastructure shall be corrected and adequate resources shall be allocated to programs geared towards its development.
  2. An adequate supply of skilled, competent and progressive human resources geared towards domestic needs and priorities rather than those of foreign corporations shall be ensured by:
  3. Developing and propagating comprehensive curricula in the basic sciences, engineering, modern agricultural techniques and management.
  4. Setting-up the necessary implementing infrastructure, including teachers and instructors, schools and other learning centers and facilities; and, in particular, expanding scientific, engineering, and vocational-technical schools.

iii.  Granting incentives to students in the form of scholarships and other required support and providing outlets for their skills that are in the national interest.

Article 29.  The Parties shall conduct a survey of indigenous technologies that are relevant and appropriate, particularly with respect to the domestic processing of agricultural and industrial raw materials, with a view to their harnessing, expanded use and upgrading.

Article 30.  The Parties shall take measures to augment the domestic stock of technological knowledgeby selectively tapping personnel and equipment from abroad, by entering into technology-sharing and technology-development agreements with other countries and by actually sending Filipinos overseas to learn technological advances with a view to adapting these to our needs and capacities.

Article 31.  The Parties shall ensure that delivery mechanisms for science and technology research outputs are set up to encourage economic enterprises to utilize the results of research and translate these into greater opportunities for economic development genuinely aimed at improving the general well-being of the people.  The active participation of productive enterprises and mass organizations in science and technology development, as users and themselves as sources of innovation, shall be encouraged and stimulated.

Article 32.  The Parties recognize the expediency of ‘appropriate technologies’,  without prejudice to the need for overall technological development and for a long-term orientation of judiciously developing and using high technology.

Article 33.  The GRP agrees to repeal or rescind all its laws, orders and issuances allowing the foreign exploitation of the Philippine economy.  (Refer to Annex B: List of Iniquitous GRP Laws to be provided.)

 

Part VI.

ECONOMIC PLANNING

Under the guidance of a genuinely patriotic, democratic and socially-responsible national leadership, the economy can be consciously geared towards serving the needs of the Filipino people,especially the basic masses of workers and peasants, through social planning to delineate a state sector, a cooperative and collective sector, and a private sector.

The objective is to break free from the neocolonial pattern of production, investments, and trade based mainly on the export of agricultural and extractive raw materials, the import of finished goods, agricultural commodities and capital, and the re-export of reassembled or repackaged imported manufactures; and establish a modern and diversified economy that secures the livelihood of the mass of the people and guarantees the satisfaction of their basic needs.

The strategic plan is to make heavy and basic industries the leading factor, with agriculture as the base and light industry as the bridging factor to satisfy the basic needs of the people and cause rapid accumulation of funds for investment.

The so-called free market, which is in fact dominated by and subject to the drive of the foreign monopoly capitalists, the dominant capitalist powers and their multilateral agencies to further globalize their profit-extraction and profit-taking, runs counter to national economic planning. The monopoly capitalists’ “free market” has only served the selfish interests of the economically powerful whose main aim is profit and has exacerbated widespread poverty and gross social inequality. Thus, the necessity of a deliberate policy of subordinating the market to social objectives. The market can serve social goals only if geared to do so within the framework of an overall economic development plan.  In appreciation of these facts, the Parties commit themselves to pursue, jointly and separately, national economic planning in accordance with the following:

Article 1. The Parties agree to adopt measures to break the domination and control of the foreign monopoly capitalists and their local agents over domestic economic policymaking and  planning and put these in the hands of the Filipino people through their mass organizations and their patriotic and progressive leaders.

Article 2.  The Parties recognize that the unfettered operation of the “free market” will work against anynational economic plan having the welfare of the majority of Filipinos as its primary concern and agree to pursue overall economic and social goals  effectively through economic planning that takes systematic account of the availability of labor power and required skills, land and  capital; technology; gestation periods; scale economies; forward and backward linkages; environmental implications and competing claims on investible resources at an economy-wide level.

Article 3.  The Parties shall tap and direct the country’s human and natural resource potential to benefit the majority of the people, as opposed to allowing its appropriation by parasitic foreign and local exploiting classes, and shall ensure that domestic patterns of production and consumption are determined according to domestic needs and capacity.

Article 4.  The Parties shall actively and consciously strive to redirect the economy away from its current agrarian and pre-industrial level of development, taking into consideration the multiple objectives of eliminating poverty, reducing income inequality,  and rationalizing consumption, investment and growth.

Article 5. The Parties shall adopt definite measures designed to prevent destructive imbalances in the economy through  economic plans characterized by the following:

  1. Well-balanced growth among heavy industry, agriculture, and light industry, with heavy industry as the leading factor, agriculture as the base of the economy and light industry as the bridging factor primarily for immediately producing basic consumer goods for the entire people and producer goods needed by agriculture and  secondarily for producing a surplus for export,
  2. Well-balanced growth between capital investment and   social welfare—with investment laying  the basis for developing industry as the leading sector and the primary means to economic development but satisfying the basic needs of the people, especially the workers and peasants, as the main content of economic development,
  3. A proper mix between centralized, regional, and local development and  balanced geographic dispersal of the benefits of economic progress. The objective is to disperse industries to various regions in order to make social and economic development nationwide and in order to decongest the cities.

 

Article 6. The Parties agree on the necessity of having strategic economic plans in five-year periods and making yearly and timely adjustments, giving the highest priority to national industrialization as well as of using the public sector in allocating the funds for establishing or expanding heavy and basic industries.  Production target quotas shall be set for all enterprises: individual, cooperative and collective. Administrative decentralization and enterprise flexibility shall be encouraged, among others, through the operations of the market, which shall however not preclude overall coordination according to the economic plan.

Article 7.  In line with the objectives of general economic planning, the Parties agree to adopt a national land use policy to determine and develop the sections of land suitable for agricultural, industrial, reservation, recreational and other uses as well as to prevent the alienation of lands, marshes, rivers, and the like in order to ensure sustained and self-reliant development as well as ecological balance.

Article 8.  The Parties shall encourage the people through mass organizations and mass campaigns and mobilizations to be vigilant in ensuring that economic policy-making and enforcement is in line with their national and democratic aspirations.  The objective is to guarantee active and genuine participation of all democratic classes and the direct involvement of the people and the mass organizations of workers, peasants, fisherfolk, women, national and ethnic minorities, youth, cultural workers and others.

  1. At one level, participation shall mean that the political authority constituted under the initiative of the Parties be genuinely representative of and accountable to the people.  At another, it means that the people in the enterprises and the communities themselves shall take part in planning and decision-making through democratic consultation.
  2. The available information technology, e.g., telecommunications for enhancing efficiency of people’s participation in socioeconomic planning and management, shall be applied extensively for this purpose.

Article 9.  The Parties agree on the use of directive incentives and sanctions at the industry and firm levels to ensure adherence to plan priorities and  to institute schemes specifically directed at encouraging productivity improvements.

Article 10.  The Parties shall undertake vigorous campaigns in all civil agencies, institutions and organizations against all forms of graft, corruption and inefficiency, inasmuch as these grossly undermine the effectivity of the various tools of planning as well as contribute to massive bureaucratic waste.

Article 11The Parties agree to adopt a comprehensive and balanced national policy for the country’s natural resources and their all-round exploration, conservation, and development to redress  the pattern of neocolonial exchange of raw materials and manufactures that has resulted in the reckless depletion and intensified extraction of the country’s natural resources.  They shall institute measures to ensure a healthy natural environment, giving due regard to the protection and efficient utilization of the country’s renewable and non-renewable resource base.

Article l2.  The Parties shall undertake rational planning and zoning for urban and rural areas, coupled with proper environmental planning for the construction of roads, public transport facilities and buildings to alleviate congestion and pollution in every area and region.

Article 13. The GRP shall immediately stop its  practice of using privatization as a means to generate public sector resources and shall create sustainable sources of revenue that do not impose undue burden on the people, especially the workers and peasants.  Furthermore, it shall repeal or rescind all its existing laws, orders and issuances that run counter to a patriotic and pro-people orientation in socioeconomic planning such as RA 7721 which liberalizes the entry and scope of operations of foreign banks and the Comprehensive Tax Reform Program.

 

Part  VII.

RIGHTS OF THE WORKING PEOPLE, LIVELIHOOD AND SOCIAL SERVICES

In consonance with their respective constitutions and with international conventions, the Parties undertake to uphold, protect and promote the collective and individual human rights of the working people, including the workers, peasants and intelligentsia, support their means of livelihood, raise their standard of living and make social services available to them to improve the quality of life.

The Parties commit themselves to creating the conditions for increasing socioeconomic opportunities, such as jobs, free education and medical services, cultural development, etc., for the people  so that they can develop their full potentials and lead meaningful lives. The GRP shall undertake to reverse its policy of privatization of social services and government corporations in vital and strategic industries in order to increase its capability to assume its responsibility of promoting the people’s welfare.

Article 1.  The Parties shall promote full employment and equality of employment opportunities and shall guarantee the right of workers to work, organize themselves into unions, federations and confederations, engage in collective bargaining, to strike and engage in other concerted activities in advancing their rights and interests.

Article 2.  The Parties shall adopt measures to guarantee for the workers security of tenure, humane conditions of work and a decent living wage indexed to the rising cost of living, as well as to guarantee the right to sufficient relief or unemployment allowance in case of disemployment and assistance  in returning to work.

Article 3.  The Parties shall encourage government employees, including military and police personnel,to form unions.

Article  4.  The Parties shall guarantee for the peasants, farm workers, fishermen, national and ethnic minorities and other rural poor the enjoyment of democratic rights as well as support and assistance for them to increase production and raise their standard of living.

Article 5.  The  Parties shall likewise guarantee for the intelligentsia, whether self-employed or employed by others, the enjoyment of democratic rights and assistance for them to develop their skills and abilities and raise their standard of living.

Article 6.  The Parties shall work for the protection of the rights and welfare of Filipino overseas workers and to this end enter into agreements and arrangements with foreign governments and international agencies while  taking the necessary measures at home to reverse the problem of migration and the current labor-export policy.   A viable program for the repatriation of Filipino overseas workers and for their participation in nation-building shall be effected.

Article 7. Women shall enjoy equal opportunities as men in work, shall receive equal pay for equal work and  shall enjoy guarantees against discrimination and harassment.   Social services to lighten housework shall be provided, such as low-cost meals, cheap public laundry services and affordable day-care centers and nurseries.  Working women shall  be entitled to maternity leave with pay and guaranteed the support of their partners who shall also be entitled to paternity leave with pay.  Single parents and female household heads shall be assured benefits, including children’s education and health care.

Article 8. Positive measures shall be undertaken to redress the discrimination suffered by gays and lesbians and such other discriminated groups and categories.

Article 9. Positive measures shall likewise be undertaken in favor of national and ethnic minorities to redress the long history of their discrimination and neglect, to respect their right to self-determination or autonomy and their cultures and to help them to lift themselves to the level of the common good and common progress of the entire nation.

Article 10. An economic research office to register all the unemployed and underemployed in the labor force shall be established with the objective of guiding the political authority and the economic planning agency in adopting measures to generate employment and expand the infrastructure for social services.

Article 11.  Urban renewal and public housing shall be undertaken to service the housing needs of the working people and the urban poor.  No relocation of the urban poor shall be carried out without prior democratic consultation with them and without provision for adequate assistance in transfering, public housing and livelihood in the area of resettlement.  Otherwise, urban poor settlers shall temporarily be allowed to remain in the land that they occupy until such provisions can be met.

 

Article 12.  The public health system shall be expanded and improved and a comprehensive public health and medical care system providing free and subsidized services and medicines for all shall be established. It shall pay attention to preventive medicine,  better nutrition and family planning and shall give priority to delivering health care and medicine to the impoverished sick, aged, disabled, women and children.  The policy of privatization of hospitals and health services, which discriminates against the low-income sectors, shall be immediately stopped and reversed.

Article 13.  Education shall be a primary responsibility of the political authority constituted by the Parties and shall be made accessible to all Filipinos.  Free education shall be ensured at the primary and secondary level while affordable and eventually free education shall be provided at the tertiary level.  Private educational institutions shall be allowed provided these are administered according to the program of public education and shall be eventually assimilated into the public education sector. The GRP privatization of state colleges and universities shall be immediately stopped and reversed.  A national, scientific and democratic education shall be established to develop among students a sense of cultural identity and national self-confidence, critical thinking and social commitment.

Article 14.  The right of children to proper care and education shall be protected and upheld. A program of comprehensive child care to be fully or partially subsidized, whichever is possible, shall be establishedThe present situation where thousands of children become sick or die or become street children must be immediately addressed with extensive social welfare programs for them.

Article 15.    Proper care for the aged shall be instituted and pension benefits for all retirees increased, calibrated to the rate of inflation and the cost of living. The aged shall be provided the necessary financial and social support to enable them to live with dignity.  Families with aged members to care for shall be allocated subsidies.  Old-age homes shall also be established and subsidized.  Retirees shall be assured of fulfilling lives and given opportunities to continue to be active and productive.

Article 16.   Social services and productive training for the handicapped shall be established and expanded and opportunities created for them to be productive and to  find fulfillment  along various lines where their special potentials and abilities are optimized.

 

Part VIII. 

ENVIRONMENTAL PROTECTION, REHABILITATION AND COMPENSATION

The profit-driven nature of capitalist production, with the particular neocolonial pattern of production and trade, that overrides social and ecological considerations has been the main factor in the devastation of the Philippine environment and the consequent disasters that have plagued the country.  The strategy of export-led economic growth has opened the country’s natural resources to control and plunder by the foreign monopoly capitalists, big comprador bourgeoisie and bureaucrat capitalists.  As the imperialists and the local exploiting classes freely siphon off  the nation’s natural wealth, they leave behind a ravaged environment.    Industrial wastes like mine tailings and  carbon monoxide emissions  and  unsafe agricultural products pollute and destroy the environment. The GRP Mining Act of 1995 means the wholesale delivery of the national patrimony to the unbridled exploitation by foreign investors.  It opens the door wider to the destruction of the environment and the displacement of the national and ethnic minorities from their ancestral lands.

The Parties taking cognizance of the fact that the increasing degradation of the environment continues to exacerbate the immiseration of a growing majority of the people, therefor assume separate and joint duties and responsibilities in adopting measures to  ensure the following:

Article 1.  Environmental protection, conservation and wise use of natural resources shall be pursued for the well-being of the Filipino people.

Article 2 Economic development shall be pursued with due regard for the  protection and efficient use of the country’s renewable and non-renewable resources.  Ensuring ecological balance shall be an important component of economic development planning.   Ecologically  sound farming  and industrial practices shall be promoted.

Article 3.   Ecologically destructive practices such as open-pit mining, monocrop production for export, the wanton clearing and leveling of land for golf courses,  resorts and real estate development shall be prohibited and penalties imposed on perpetrators for destruction caused.

Article 4.  Only with sufficient provisions for environmental protection and recovery shall mining be undertaken. The people in communities affected by mining operations shall be democratically consulted and asked to participate in the determination of just and appropriate social compensation.

Article 5.   The US military forces shall be prohibited from continued use of the Philippines as a military exercise area and arsenal for armaments and munitions under the guise of transit,  visit, acquisition of supplies and forward deployment. The United States government shall be held accountable for the toxic waste pollution of the land and environment in the former US military bases in the country.

Article 6.   No country shall be allowed to use the Philippines as  a storehouse for all kinds of war materiel or  armaments and munitions including nuclear, biological and chemical and other weapons of mass destruction.

Article 7.  The dumping by advanced industrial capitalist countries of their toxic wastes such as computer scraps, used batteries, PVC scraps and nuclear wastes in Philippine territory shall be stopped and compensation shall be demanded for damage caused to the people and their environment.

Article 8.  The entry of hazardous technologies and pollutant industries, which the industrial capitalist countries are relocating from their homegrounds, and likewise the entry of hazardous agricultural products shall be banned.

Article  9.  Military actions that target civilian population and devastate the environment, such as indiscriminate aerial bombardment and artillery fire, poisoning of water sources, use of biochemical weapons, and burning of crops, shall be banned and the perpetrators made criminally liable. The party responsible shall be made to pay compensation for injuries and loss of lives and for the destruction or damage to property and assets.  Victims or their surviving relatives shall receive full compensation.

Article 10.  The GRP practice of setting up power generation and other infrastructure projects such as hydroelectric dams and nuclear plants, without regard to  environmental impact and which cause displacement especially of peasants and national and ethnic minorities, shall be stopped.

Article 11.  Rehabilitation and development of natural resources shall be carried out. Commercial logging shall be prohibited until sufficient forest cover has been regenerated. Marine resources that have been depleted, polluted or destroyed by multinational firms and foreign fishing vessels shall likewise be regenerated and their continued exploitation banned.

Article  12.  A program addressing the problem of pollution, waste control and disposal and  lack of safe water supply shall be developed.

Article 13.  Education to promote environmental consciousness and ecologically sound practices shall be undertaken among the people through their mass organizations, the mass media and the school system.

Article 14. The GRP shall immediately repeal or rescind all its laws, orders and issuances and put a stop to its programs which facilitate landgrabbing by foreign monopoly firms and local bureaucrats, such as the National Integrated Protected Areas System (NIPAS) and imperialist-funded programs such as the Natural Resource Management Program (NRMP)-Integrated Forest Management Agreement (IFMA).

 

Part IX.

MONETARY AND FISCAL POLICIES

The financial system is the heart of the economy of any nation. The control of this system can spur growth in chosen sectors of the economy by directing investible agricultural surplus towards industry and by allocating resources along investment priorities. It provides a state with the capacity to distribute equitably capital resources to its nationals.  The domination of private interests in banks and the money market works as a factor of inflation and depression of an economy. An egalitarian utilization of capital can result in the construction of more housing for the poor, the building of more schools and hospitals and the expansion of other social services which are of primary importance to the majority of the people.

The semicolonial and semifeudal conditions do not only generate a low savings-to-investment ratio but also a misallocation of resources away from areas of greater social benefit. All GRP expenditures are routinely padded to create bureaucrat capitalist profits for those in bureaucratic authority. The biggest single expenditure item in the GRP budget is the servicing of the public debt which has been bloated by the assumption of private foreign debt guaranteed by the GRP and by the public borrowings intended to implement tight-money conditionalities of the IMF and to enrich participating financial houses. The external debt has been further increased due to increasing official development assistance (ODA) borrowings entered into by GRP to fund projects mainly benefiting big business.

The GRP policy of privatization includes assets of social service agencies in obedience to imperialist demands to hand over the involved enterprises to the imperialists and their domestic partners. As a result, hospitals, schools and various utilities have been or are being privatized. On the other hand, expenditures for the military continue to increase. Despite the increase in revenues due to the privatization of state assets and the decrease in needed expenditures due to the same privatization, GRP regressive taxation system has continued to increase the tax burden on the people.

Recognizing the vital role that monetary and fiscal policies play in the development of the economy, the Parties agree to assume separate as well as joint duties and responsibilities to effect the following measures:

Article 1.  The financial system, including banks, insurance and investment houses and bond companies, shall be owned and controlled by the public sector and Filipino nationals.

Article 2. The expropriation of foreign equity in financial institutions, with or without compensation, shall be undertaken.  The manner of compensation as well as any exception to this policy shall be  subject to negotiation based on national interest.

Article 3.  Strict measures shall be undertaken to regulate the entry and operation of foreign speculative capital.

Article 4.  The GRP’s central bank and all its other financial institutions shall be reorganized and redirected to support and assist the policy and program of national industrialization and agrarian reform.They shall give priority to the industrial projects of the public sector and Filipino entrepreneurs. The GRP’s Land Bank and rural banks shall likewise be reorganized and redirected to support and assist genuine agrarian reform, as contemplated by this Agreement, cooperatives, collectives, peasant associations and agricultural production in general.

Article 5. In every financial institution, there shall be a workers’ council whose representatives shall sit in the board of directors or trustees and shall participate in policy making and management in order to ensure the realization of the policy and program of national industrialization and agrarian reformThe scope of their participation in policy making shall cover investment decisions, debt management and other monetary policies.

Article 6.  Public finance, including taxation, credit policy, public and fiscal spending, shall be directed towards maximizing funds for the realization of the strategic plan of economic development, especially national industrialization and agrarian reform and eliminating bureaucratic, military and other counterproductive expenditures.   Credit windows in banks shall be opened for low-interest or no-interest loans for small enterprises and to assist poor families to meet their basic necessities.

Article 7.  Foreign exchange earned by exports and remittances of Filipino migrant workers and other overseas Filipinos shall be directed towards financing the importation of necessary industrial equipment and the fulfillment of the strategic economic plan.  Import financing for consumer products that are luxury goods or that can be produced in the country shall be phased out.

Article 8.  Foreign borrowing shall be reduced, except to finance deferred payments for the importation of equipment and technology for the establishment and development of heavy and basic industries.

Article 9.  Fiscal policy shall be a function of social planning which shall in turn be oriented towards continually expanding social welfare.  Priority in expenditures shall be given to social infrastructure, state investment in priority productive sectors, education and other social services. Public expenditures for infrastructure and the productive sectors of the economy shall be directed towards generating more employment for the people.

Article 10. The budgetary allocations for the military shall be drastically trimmed and the savings redirected to allocations for social services such as education, health, public housing, mass transportation,  and the like.

Article 11.  Taxation shall be progressive.   All regressive taxes such as the value-added tax on basic consumer goods shall be abolished.

Article 12.  As an immediate corrective measure, the GRP’s law on automatic appropriation for the public portion of the foreign debt service shall be repealed.  

Article 13.  All past foreign debts shall be immediately reexamined to determine which are to be canceled, frozen, renegotiated or litigated.  All fraudulent and behest loans shall be repudiated and renegotiations of all other onerous loans shall be undertaken.  Those who have previously incurred or used these foreign debts and privately benefited from them shall be prosecuted and made criminally and civilly liable.

Article  14.  The GRP policy and program of privatization instigated by the International Monetary Fund shall be reversed and repudiated.

Article 15.  The GRP shall undertake to repeal or rescind all its laws, orders and issuances which are inconsistent with or contrary to the above policies and measures such as the Banking Law of 1994, and the Presidential Decree on Offshore Banking.

 

Part X. 

FOREIGN ECONOMIC AND TRADE RELATIONS

            The trade policy of the Philippines has always served the demands of its different colonizers and neocolonizers since the 16th century. The Spanish colonial regime in the Philippines engaged in the galleon trade, serving the needs of Mexico, up to 1813, and later in the tobacco monopoly, which supplied tobacco to Spain.

The US adopted free trade in the Philippines in 1909, taking advantage of the abundant resources in the Islands, particularly hemp, sugar and coconut. Throughout the periods of the three Philippine republics, the United States, first as a colonial master and after World War II as a neocolonial master, transformed the Philippines first into an export-oriented and import-dependent colonial and later semicolonial economy through various agreements with US-influenced and dominated economic institutions, the International Monetary Fund (IMF), the World Bank (WB) and, more recently, the World Trade Organization (WTO). Through all these periods, the Philippines has suffered mounting trade deficits from year to year. The promised trade surplus through an “export-oriented industrialization” (EOI) program, promoted by the IMF-WB, has not materialized.

With a mounting import bill generated by the imposition of greater import liberalization through the constant reduction of tariffs mandated by Philippine membership in the WTO, small Filipino enterprises have closed down or retrenched, causing the impoverishment and unemployment of thousands of workers.  The  policy of “globalization” favors the multinational corporations and banks doing business in the Philippines and puts small and medium-sized domestic enterprises at a disadvantage. These enterprises are the first ones to close down in the face of undue disadvantage in the competition with the foreign corporate giants.  By the end of 1995 alone, 32,000 workers had lost their jobs due to the trade liberalization policy of the GRP.  The recurrent financial crises have caused disemployment to rise exponentially.

 

Acknowledging that the long-standing export-oriented and import-dependent trade policy has worsened the lot of the overwhelming majority of Filipinos as well as  the general economic conditions of the country, the Parties agree to assume separate as well as joint duties and responsibilities to adopt the following trade policy:

Article 1.  The Parties shall halt and reverse the further denationalization of the economy through the policies of deregulation and liberalization of trade and investments which have been dictated by dominant capitalist countries and by their multilateral agencies like the IMF,WB and WTO.

Article 2   The export-oriented program as promoted by the IMF-WB shall be reversedIndustrialization shall not be tied to exports and the attraction of foreign investors to engage in export activities. Export-processing zones and industrial enclaves which perpetuate the neocolonial character of the economy shall be closed or converted for use in self-reliant production of goods to meet domestic needs.

Article 3.  A policy of protection of enterprises owned and controlled by Filipino nationals, which entails the discontinuation of the liberalization program, shall be adopted and pursued.  The GRP policy of import dependency that has led to the stagnation  of Philippine technology and the dumping of surplus goods and obsolete technology into the country, particularly from the US and Japan, shall be repudiated.

Article 4.  The highest priority shall be given to the importation of industrial equipment and technology to advance the program of national industrialization. Trade and investment  policies that have reduced the country to a mere exporter of raw materials, low value-added manufactures and human resources shall be terminated.

Article 5.  A trade policy that is geared to pushing the Philippines along the path of industrialization shall be adopted. This means a policy of limiting imports to the following:  (a) technology which the economy is incapable of creating at present and which can be improved later on by Filipino scientists and engineers; and (b) other essential items which cannot be sufficiently produced domestically for the meantime.

Article 6.  Adequate protection against dumping by foreign interests as well as incentives shall be provided to Filipino-owned industrial enterprises and agricultural producers.

Article 7.  The policy of promoting economic independence and industrial development by engaging in close economic relations and cooperation with neighboring countries in East Asia and other countries throughout the world and by taking advantage of the increasing competition among the major industrial capitalist countries shall be adopted.

Article 8.  Membership in international economic institutions such as the WTO and APEC which aim to protect the economic interests of the advanced capitalist countries shall be withdrawn.

Article 9.  A policy to diversify trade relations to break the country’s trade dependence on the United States and Japan and to enable it to effectively bargain for the best terms in the international market shall be adopted.

Article 10. The activities of foreign trading companies allowed to operate in the Philippines, particularly with regard to their policies towards workers shall be regulated.

Article 11.  The Parties shall make their respective representations and submit reports and recommendations to the UN Economic and Social Council, the International Labor Organizations and other pertinent agencies of the United Nations on economic, social and cultural matters within the scope of this Agreement.

 

Part XI.

FINAL PROVISIONS

Article 1.  This Agreement  shall be approved by the principals of the GRP and the NDFP within one month after signing and finalization by their negotiating panels and shall take full and immediate effect upon approval by the principals.

Article 2.  The Parties shall be bound by this Agreement to take the necessary unilateral steps to enable them to carry out any provision which entails a modification or amendment of their respective constitutions, policies and laws.

Article 3.  The Parties agree that,  irrespective of the course and outcome of the peace negotiations, the provisions of this Agreement that uphold the economic, social and cultural rights of the people shall remain in force and in effect.

Article 4.  The Parties agree on the  importance and urgency of approving this Agreement in order to address the social and economic roots of the prolonged armed conflict and to open the way to negotiations on political and constitutional reforms.

Article 5.  This Agreement shall be binding upon the GRP and the NDFP and their respective successors.  Any change in the form of the political structure, government and authority within the GRP shall not affect the validity and binding nature of this Agreement.

Article 6.  To enhance and strengthen the legal and moral force and effect of this Agreement,  the representatives of the governments hosting the formal negotiations as well as those of the UN Secretary General, the UN Economic and Social Council and the UN Commission on Human Rights shall sign this Agreement as witnesses upon the signing of the same by the negotiating panels of both Parties.

 

WITNESS, we sign this Agreement this day of ______________, ­____ at _________________

Government of the Republic of the Philippines (GRP) Draft

INITIAL WORKING DRAFT
FOR DISCUSSION PURPOSES ONLY

 

COMPREHENSIVE AGREEMENT
ON SOCIAL AND ECONOMIC REFORMS
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES AND THE NATIONAL DEMOCRATIC FRONT OF
THE PHILIPPINES

 The GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES (GRP),
represented herein by the
GRP Panel

 and

 The NATIONAL DEMOCRATIC FRONT
OF THE PHILIPPINES (NDFP),
represented herein by the
NDF Panel

 Hereinafter referred to as “THE PARTIES”

 PREAMBLE

WHEREAS, poverty, structural inequity, destitution and marginalization have historically impeded the social and economic development of the Philippines and have engendered armed conflict and social unrest;

 WHEREAS, two decades of armed conflict in the country has resulted in countless deaths, dislocations and so much sufferings among the people and wastage of scarce economic resources;

WHEREAS, the Filipino people demand and deserve a life of peace, justice, dignity, prosperity, freedom from want and violence;

WHEREAS, the pursuit of social and economic reforms to promote the common good and respond to the needs of the Filipino people are among the crucial processes in the consolidation of a just and lasting peace;

WHEREAS, the GRP and NDF, having signed The Hague Joint Declaration, have committed to the holding of formal peace negotiations to resolve the armed conflict and attain a just and lasting peace;

NOW THEREFORE, the Parties, without reservations, do hereby solemnly enter into this Comprehensive Agreement on Social and Economic Reforms.

PART I: FRAMEWORK OF THE AGREEMENT

 ARTICLE I. Declaration of Principles

The Parties declare and adopt the following principles to serve as the guiding precepts in the interpretation, appreciation and implementation of the provisions and stipulations of this Agreement:

Section 1. Negotiating Framework. Peace negotiations are concluded within the framework of mutually acceptableprinciples on national sovereignty, democracy and social justice, as embodied under The Hague Joint Declaration of 1 September 1992, and reaffirmed by the Breukelen Joint Statements of 14 June 1994 and the subsequent agreements therefrom.

Section 2. Common Good. It is the common good, the welfare and interest of the Filipino people, that is the foremost concern in the efforts to resolve the armed conflict and achieve a just and lasting peace. The active participation of the people, therefore, must be sought in pursuing this common good.

Section 3. Pursuit of Reform as Conflict Resolution. The peaceful pursuit of social and economic reform is an integral part of the overall effort to resolve the armed conflict and as such, is crucial to laying the foundation for a just and lasting peace.

Section 4. Pursuit of Social Justice. Social justice is the foundation for a lasting peace since it defines the right of the people to human dignity and a decent quality of life. To achieve this, there is need to eradicate the social, economic and political inequities in the society through equitable diffusion of wealth and political power for the furtherance of the common good and to free the people from the bondage of poverty, inequity and marginalization.

Section 5. Pursuit of Authentic Development. Social and economic reforms also bring about authentic development, that must be people‑centered, equitably distributed, and environmentally and socially sustainable. Under these, the cost and fruits of development are fairly and equitably shared; bayanihan solidarity and self‑reliance are promoted; national patrimony and environment are protected; true worth of human labor is upheld; rights and dignity are respected; and individual members of the society are able to realize their full human potentials. Authentic development must also necessarily achieve both material and spiritual growth, and preserve the Filipino culture, family values, democratic institutions and heritage.

Section 6. Participative Development. The right to development of the individual members of society also carries their right to participate, contribute to and enjoy social, economic, cultural and political development. In view of this, the enhancement of people’s active participation in all aspects of development promotes social justice and economic growth. The attainment of greater social justice and full development should, therefore, involve the participation of all sectors of society, including its poorest and marginalized members.

Section 7. Common Ground for Cooperation and Collaboration. As an integral part of a comprehensive Peace Agreement, this Agreement on Social and Economic Reforms shall provide the common ground for cooperation and collaboration of the Parties in peacefully achieving authentic development for the country and advancing the welfare of the Filipino people.

Section 8. Ensuring Continuing Dialogue. As the conclusion of this Agreement may not sufficiently encompass all the issues that sustain the conflict, there is a need for the Parties to jointly identify post‑settlement mechanisms to ensure continuing dialogue for the resolution of these issues. 

 ARTICLE II. Specific Objectives of the Agreement.

 In support of the overall thrust for resolving armed conflict and achieving just and lasting peace, the Parties forge this Agreement towards attaining the following specific objectives:

Section 9. Enhance the Reform Processes. To enhance the reform process by identifying a shared vision ensuring the adherence of development to social justice, equity, ecological sustainability and genuine people empowerment for achieving social and economic development.

Section 10. Identify Specific Reform Measures. To define the specific reform measures on the levels of principle, policy, program and project feature, toward the realization of the above shared vision for authentic development.

Section 11. Strengthen the People’s Participation. To promote people’s participation in the reform and development processes through the mechanisms jointly identified by the Parties. and the appropriate environment for the efficient operation of these mechanisms.

Section 12. Ensure Continuing Dialogue. To establish effective mechanisms for continuing dialogue to address issues which may not be sufficiently covered even after the conclusion of this Agreement, including the continuing disagreements between the Parties which cannot be realistically resolved within a reasonable period at the negotiating table.

Section 13. Unify the People for Nation Building.  To provide fora to unify and mobilize the country’s social and political forces under a spirit of cooperation and oneness, to effectively combat poverty, structural inequity, destitution and marginalization among the Filipino people.

 

 PART II: NATIONAL ECONOMY AND PATRIMONY,

INDUSTRIALIZATION AND DEVELOPMENT

 ARTICLE III. National Economy, Industrialization and Development.

 Section 14. Pursuit of Self‑Reliant and Independent Economy. Consistent with the agreed upon principles and objectives of this Agreement, the Parties recognize the need to evolve and develop a more self‑reliant and independent national economy effectively controlled by Filipinos which shall ensure a more competitive Philippine economy and a more equitable society for the country.

Section 15. National Agenda for Growth and Equity. The GRP reaffirms commitment to achieve for the national economy a sustainable growth with equity through democracy. This national agenda for growth is preceded by the achievement of political stability; the opening of the economy by dismantling monopolies and cartels and leveling the playing field of enterprise, and reducing corruption and inefficiency in the society. In particular, national agenda shall be directed to the modernization of the economy, industrialization and full employment based on sound agricultural development and agrarian reform, through industries that shall make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets.

  ARTICLE IV. National Patrimony, Environmental Protection and Sustainable Development.

 Section 16. Achieving Sustainable Development. The Parties recognize the need to preserve the natural resources and protect the environment to achieve sustainable development. Further, the Parties uphold the right of the Filipino people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Section 17. Economic Growth within the Framework of Sustainable Development. The Parties reaffirm their resolve to pursue an economic agenda not at the expense of the environment and natural resources but under a development policy framework of sustainable development in accordance with the following:

Protection and enhancement of the quality of the environment.

  1. Equitable access to the development and use of the country’s natural resources, not only for the present generation but for the future generation as well.
  2. Recognition and application of a true value system, including social and environmental cost implications relative to the utilization, development and conservation of the natural resources.

ARTICLE V. Social Justice and Sustainable Development for the Basic and Marginalized Sectors of the Philippine Society.

 The structural inequities in the Philippine society have historically impoverished, exploited and marginalized the majority of the country’s population. This primarily include the farmers, fisherfolk, and labor sectors who toil to provide society with its most basic needs. Other disadvantaged sectors include the indigenous peoples, urban poor, women, elderly, persons with disabilities, youth and children in especially difficult circumstances, whose life situations have made them extremely vulnerable to exploitation.

Section 18. Special and Focused Protection of the Sectors. In view of the situations of impoverishment and exploitation, the Parties recognize the need to provide special and focused attention to the basic and marginalized sectors in order to enhance their rights to human dignity and social justice.

Section 19. National Agenda for the Basic and Marginalized Sectors. The GRP reaffirms its commitment to pursue empowerment and focused interventions on the needs of the basic and marginalized sectors. Towards this end, the government shall continue to vigorously pursue a comprehensive national agenda which shall promote self‑help and self‑reliance, and ensure access to quality basic services, capability enhancement programs, gainful employment and credit to enable them to realize their full potentials. In particular, the agenda shall be continuously pursued towards:

  1. Recognition and promotion of the rights of the indigenous peoples within the framework of national unity and development.
  2. Expansion of the access of the urban poor to and security in their basic needs.
  3. Provision for the security of the informal labor sector in gainful undertakings, and their eventual absorption into the formal sector.
  4. Protection of the rights and welfare of the migrant workers.
  5. Protection of the rights of women and enhancement of their role in national building.
  6. Enhancement of the role of the senior citizens in the development process.
  7. Mainstreaming persons with disabilities into society.
  8. Harnessing potentials of the youth as partners in national building.
  9. Securing the welfare of children, particularly their rights for survival, development and protection.

ARTICLE VI. Agrarian Reform and Rural Development.

 Section 20. Key to Social Justice. The Parties recognize agrarian reform and comprehensive rural development as the key for achieving social justice, equity, sustainable development and genuine empowerment of the farmers and agricultural workers.

Section 21. Agrarian Reform and Development. The GRP reaffirms its commitment to continue the implementation of a comprehensive agrarian reform program to promote social equity and foster greater productivity, through intensified land distribution and provision of adequate and sustained support services to farmer beneficiaries, taking into account the following:

The right of landless farmers and regular farm workers to own, directly or indirectly, the lands they till or, in the case of other agricultural workers, to receive a just share of the fruits of their labor.

The right to land should be governed by a just and democratic distribution of all agricultural lands consistent with national priorities and applicable laws of the land, taking into account the concerns of the small landowners, just compensation, ecological and developmental or equity considerations.

Farmers, farmworkers and landowners, including cooperatives and other farmers’ organizations, have the right to participate in the planning, organization and management of the agrarian reform program.

  1. Agrarian reform must address not only land tenure but likewise the need to develop the capabilities of agrarian reform beneficiaries to become efficient and competitive agricultural producers.
  2. There is a need to provide the farmers with the opportunities and incentives to raise their productivity and incomes, secure fair prices for their produce, and improve their standards of living.

 ARTICLE VII. Fisherfolk and Aquatic Reform.

 Section 22. Preferential 0ption for the Fisherfolk. The Parties recognize the right of subsistence fishermen and fishworkers to the preferential use of communal marine and fishing resources, both inland and offshore, and to a just share from the product of their labor in the utilization of these resources. The Parties also recognize that this option includes the protection of their offshore fishing grounds.

Section 23. Initiatives to Promote the Development of the Fisherfolk. The GRP reaffirms continuance of its national efforts to achieve an authentic and sustainable development of the fisherfolk, through the following:

  1. Ensure the judicious utilization, management, renewal and conservation of fishery and aquatic resources.
  2. Strengthen the participation of the fisherfolk in the formulation and implementation of policies and programs affecting the utilization, development and management of the fishery and aquatic resources, through the institutionalization of their representation in decision making bodies.
  3. Strict implementation of fisheries laws with the active participation of the fisherfolk.
  4. Strict enforcement of laws against piracy and poaching by foreign vessels in Philippine territorial water.
  5. Protection of the rights of the fisherfolks through provision of technical, institutional and credit support.

ARTICLE VIII. Indigenous Peoples/Cultural Communities.

 Section 24. Recognizing the Indigenous Peoples. The Parties recognize the rights of the indigenous peoples to self‑determination,, and the need to ensure that they realize these rights without hindrance or discrimination.

Section 25. National Program for the Indigenous Peoples. The GRP reaffirms continuance of its implementation of a comprehensive national program, formulated in consultation with the sector, to actualize the rights of the indigenous peoples for their development, most importantly the following:

  1. Full recognition, protection and sustainable development of their ancestral domains and the natural resources thereat.
  2.  Guarantee of their political, economic, social and cultural well‑being, in particular the applicability of their customary laws governing property rights or relations in determining the ownership and extent of ancestral domains.
  3.  Empowerment and participation in governance, within the framework of democracy, social justice, national unity and development in the Philippines.
  4.  Promotion of their cultural integrity, preservation and development of their cultures, traditions and institutions.

PART III: SOCIAL JUSTICE AND DEVELOPMENT

 ARTICLE IX. Urban Poor.

 Section 26. Upholding the Rights of the Urban Poor. The Parties recognize the need for deliberate and focused interventions to uphold the rights of the urban poor.

Section 27. Interventions for Urban Poor. The GRP reaffirms to sustain its vigorous efforts to promote the welfare of the urban poor through an active urban renewal program under which their rights to decent living conditions are realized and sustained, through the following:

  1. Affordable housing and sustainable communities for the urban poor.
  2. Unhampered access to employment opportunities, livelihood and quality basic services, including skills and capability building programs.
  3. Meaningful participation in the formulation of policies and programs affecting their rights and welfare.
  4. Strengthening the institutions for the promotion and protection of their advancement and development.

ARTICLE X. Informal Labor Sector.

 Section 28. Security for the Informal Labor Sector. The Parties recognize the need to enhance the protection of the rights and welfare of the informal labor sector.

Section 29. Initiatives for the Informal Labor Sector. The GRP reaffirms its continued pursuit of a deliberate program to uphold the rights and sustainable development of the informal labor sector, specifically to attain the following:

  1. Absorption in the formal sector where its potentials are maximized.
  2. Full protection by labor laws and equal access to programs and services for workers of the formal sector.
  3. Participation in decisions and programs affecting the sector.
  4. Organization into unions, cooperatives and other forms of associations which can institutionalize its bargaining posture for the viability and development of members. 

ARTICLE XI. Migrant Workers.

 Section 30. Recognizing the Migrant Workers. The Parties recognize that Filipino migrants workers, who constitute a significant portion of the country’s human resources, is a vital social‑economic force of the Filipino society. As such, the protection of their rights and welfare, and the development of their potentials are consistent with attaining social justice and sustainable development to ensure a just and lasting peace for the country.

Section 31. Protection of the Migrant Workers. The GRP reaffirms its efforts to protect the rights and welfare of the migrant workers consistent with the UN Convention on the Rights of Migrants. Along with this, the government shall continuously rationalize its overseas employment program towards its reorientation to a selective posture under which migrant workers may establish a niche for maximum development of their potentials.

ARTICLE XII. Women.

Section 32. Role of Filipino Women in Nation Building. The Parties recognize the role of women in nation building and the need to protect their rights and ensure their fundamental equality before the law with Filipino men.

Section 33. Women Empowerment. The GRP reaffirms continuance of its measures to empower women for nation‑building, through a national strategy for their mainstreaming into the development process, including:

  1. Promotion of full equality and development of the Filipino men and women through the integration of gender concerns in national plans.
  2. Institutionalization of assistance to women.
  3. Strengthening women’s participation in government bodies with critical influence on development of the sector.
  4. Protection of women from sexual harassment and strengthening of mechanisms which address special women concerns.

ARTICLE XIII. Elderly.

Section 34. Contribution of the Elderly in Development. The Parties recognize the significant contributions of senior citizens to society and the need to promote and protect their rights, including the further enhancement of their participation in nation‑building.

Section 35. Initiatives for the Elderly. The GRP reaffirms its commitment to the promotion of the participation of the elderly in nation‑building through efficient delivery of services and benefits to improve the quality of their lives; motivate and encourage their families and the communities they live in to adhere to the valued Filipino tradition of caring for the elderly; and strengthen institutions facilitating the developmental roles of the elderly.

ARTICLE XIV. Persons with Disabilities.

 Section 36. Recognizing Persons with Disabilities (PWDs). The Parties recognize PWDs as part of Philippine society and thus, there is a need to promote the improvement of their total well‑being and their integration into the mainstream of society.

Section 37. Promotion of the Welfare of the PWDs. The GRP reaffirms its efforts to pursue and fast‑track the social and economic reform measures for the rehabilitation, self‑development and self‑reliance of PWDs, and their integration into the mainstream of society, through:

  1. Institutionalization of the mechanisms for the rehabilitation, self­ development and self‑reliance of PWDs, and their mainstreaming into society.
  2. Improvement of PWDs’ access to adequate and quality social services, including training and skills development programs, which are responsive to their circumstances.
  3. Expansion of PWDs access to employment and gainful opportunities. 

ARTICLE XV. Youth.

 Section 38. Youth as Partners in Development. The Parties recognize the vital role of the youth in nation‑building and the need to promote and protect their physical, moral, spiritual, intellectual, and social well‑being.

Section 39. Achieving National Goals with the Youth. The GRP reaffirms its efforts to advance the interests and conditions of the youth, through an integrated and comprehensive program, to make them partners in realizing national goals under which they are among the major agents and targets.

ARTICLE XVI. Children.

 Section 40. Children in National Life. The Parties recognize children as a vital component of Filipino family life which is a basic autonomous social institution of the nation. The achievement of social justice and sustainable development, therefore, requires the protection and promotion of the children’s rights and welfare.

Section 41. National Focus on Children. The GRP reaffirms pursuit of an overall program to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development.

 PART IV: IMPLEMENTATION OF THE AGREEMENT

 ARTICLE XVII. Implementation. The Parties recognize their individual and joint responsibilities for ensuring the effective and efficient implementation of the provisions of this Agreement as follows:

Section 42. Unilateral Commitments. Both Parties commit to accelerate the implementation of their respective unilateral commitments under this Agreement and their other initiatives which may further enhance the attainment of the social and economic reforms herein stated. For this purpose, the Parties shall jointly designate the appropriate structures which shall ensure the effective implementation of this Agreement.

Section 43. Mechanism for Coordination. A Joint Implementation Committee shall be agreed upon by both Parties to serve as focal point of coordination in the implementation of the common areas of concerns under this Agreement and the commitments thereto. The Committee shall also provide the mechanism for addressing issues and concerns affecting the timely implementation of the provisions of this Agreement.

Section 44. Socio‑Economic Forum. The GRP, upon the signing of this Agreement, shall establish a broad‑based Socio‑Economic Forum, where private development organizations, sectoral formations, academe and research institutions acceptable to both the GRP add NDF shall be represented, to provide fora for enriching policy formulation and execution affecting the socio‑economic sector.

In this regard, the Forum shall recommend the needed legislation, policies and programs for the furtherance of the objectives of this Agreement to appropriate government bodies such as Congress; Legislative‑ Executive Development Advisory Council; Social Reform Agenda Council; and pertinent Cabinet Clusters and Regional Development Councils.

Section 45. Funding. A Trust Fund for the Consolidation of Peace shall be established by the GRP to finance the implementation of this Agreement. The mechanics of the allocation and uses of the Fund shall be jointly agreed upon by the Parties.

ARTICLE XVIII. Monitoring the Implementation of the Agreement. To ensure timely and meaningful attainment of the objectives of this Agreement, the Parties agree to jointly and closely monitor its implementation. Towards this end, the GRP and NDF agree to create the National Commission for the Consolidation of Peace (NACOOP), upon the approval of the final comprehensive Peace Settlement, to serve as the oversight body for the implementation of this Agreement. As such, the NACOOP shall have the following features:

Section 47. Composition. The NACOOP shall be composed of equal numbers of representatives of the GRP and NDF Panels, and the national NGO community. It shall be chaired by a Filipino of recognized integrity and chosen by mutual agreement of the Parties.

Section 48. Terms of Reference. The NACOOP shall have the following functions and powers:

  • To serve as an oversight, verification, monitoring and review body over the Parties’ implementation of and compliance with the Peace Agreements. As such, the Parties agree to consult NACOOP prior to the adoption of any initiatives related to Peace Agreements and vice versa;
  •  To have direct access to the President of the Republic of the Philippines and meet with him on a regular basis or when deemed necessary for the furtherance of the Peace Agreements. Similarly, it shall have access to and may inspect any activity or site germane to the implementation of the provisions of the Peace Agreements;
  • To initiate measures or recommend the same to enhance the provisions of the Peace Agreements; and,
  •  To tap government agencies and/or private sector groups to ensure the effective and efficient implementation of the Peace Agreements. Relatedly, the NACOOP shall formulate its own Work Program, establish its appropriate Secretariat Support, and maintain its own operational budget.

Section 49. Institutionalization of NACOOP. To sustain the momentum of the implementation of the Agreement, a pertinent law shall be enacted to institutionalize the NACOOP. Towards this end, the Parties shall cause the drafting and submission to both Houses of Congress of the appropriate bill.

 

IN WITNESS, we sign this Agreement this ____________day of                         1998, at ______________.              

 

FOR THE                                                                            FOR THE

GOVERNMENT OF THE REPUBLIC                           NATIONAL DEMOCRATIC

OF THE PHILIPPINES                                                   FRONT OF THE PHILIPPINES

 

By:                                                                  By:

 

Amb. Howard Q. Dee                                                         Luis G. Jalandoni

Chairperson                                                                          Chairperson

GRIP Negotiating Panel                                                     NDFP Negotiating Panel

 

Rep. Jose V. Yap                                                                 Fidel V. Agcaoili

Member                                                                                 Member

 

Sol. Gen. Silvestre H. Bello III                                          Coni K. Ledesma

Member                                                                                 Member

 

Atty. Rene V. Sarmiento                                                    Asterio B. Palima

Member                                                                                 Member

 

Zenaida H. Pawid                                                                Jojo S. Magdiwang

Member                                                                                 Member