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Joint Agreement in Support of Socioeconomic Projects of Private Development Organizations and Institutes

March 16,1998

This JOINT AGREEMENT IN SUPPORT OF SOCIOECONOMIC PROJECTS OF PRIVATE DEVELOPMENT ORGANIZATIONS AND INSTITUTES is being entered into by and between:

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES,
hereinafter referred to as the GRP, through its Negotiating Panel
headed by its Chairperson, Howard Q. Dee;

and

The NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES,
hereinafter referred to as the NDFP, through its Negotiating Panel
headed by its Chairperson, Luis G. Jalandoni.

WHEREAS, both Parties are desirous of assisting private development organizations and institutes engaged in programs, projects and activities for the Filipino people’s empowerment and for their socioeconomic development; and

WHEREAS, these organizations and institutes are beneficial to the people and are helpful in laying the ground for a just and lasting peace.

NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties hereby agree as follows:

ARTICLE I
RESPECT, ENCOURAGEMENT AND SUPPORT

Section 1. The GRP shall respect, encourage and extend appropriate support to such private development organizations and institutes that carry out programs, projects and activities in pursuit of all or any of the following aims and purposes:
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1.1. To promote and lay the ground for a just and lasting peace based on the Filipino people’s empowerment and their economic, social and cultural development;

1.2. To engage in research and planning for the Filipino people’s empowerment and their economic, social and cultural development and to make recommendations on the basis of such studies and planning;

1.3. To undertake programs and projects for the promotion and protection of human rights in general and particularly the rights of workers, peasants, women, youth, children and indigenous peoples as well as the protection of the environment;

1.4. To undertake programs and projects of relief, rehabilitation and development beneficial to communities, families and individuals who have been victimized by human rights violations or whose incomes are below the poverty line;

1.5. To promote rural and urban cooperatives among the poor in order to make them self‑reliant and allow them to raise their standard of living;

1.6. To generate the means of livelihood or employment for victims of human rights violations and released political detainees;

1.7. To cooperate with other entities that are genuinely committed to advancing the rights and interests of the people; and

1.8. To carry out such other aims and purposes as are related to the foregoing.
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Section 2. The aforesaid organizations and institutes, hereinafter referred to as the “organizations,” shall be self‑governing and independent, as may be provided for in their respective charters. In order to transact business and carry on their work, they shall take an appropriate legal status and juridical personality.

Section 3. The organizations and institutes referred to in the preceding section are legitimate organizations entitled to all the rights, privileges, protection and legal remedies enjoyed by other similar organizations.

Accordingly, they and their personnel shall not be subjected to discrimination or any other form of prejudicial action.

ARTICLE II
FUNDING AND RESOURCES

Section 1. The organizations shall raise, manage and use such financial and other resources as necessary to be able to carry out their programs, projects and activities.

Section 2. The organizations shall have access to such sources of funding and resources as are available to similar organizations in the Philippines and abroad.

ARTICLE III
GENERAL PROVISIONS

Section 1. This Joint Agreement is being entered into in accordance with The Hague Joint Declaration.

Section 2. The obligations arising from the provisions of this Joint Agreement shall become effective and binding upon the approval hereof by the respective Principals of the GRP and NDFP Negotiating Panels.

Section 3. The Negotiating Panels or representatives of both Parties may consult each other regarding organizations to be assisted under this Agreement and execute such additional joint agreements or undertakings as may be necessary to implement this Agreement.

The GRP and the organizations concerned shall work out the modalities of implementation.

DONE on the 16th of March 1998 in The Hague, The Netherlands.

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

By:

Amb. HOWARD Q. DEE                                                           LUIS G. JALANDONI
Chairperson, GRP Negotiating Panel                                   Chairperson, NDFP Negotiating Panel

Rep. JOSE V. YAP                                                                      FIDEL V. AGCAOILI
Member                                                                                    Member

Sec. SILVESTRE H. BELLO III                                                   CONI K. LEDESMA
Member                                                                                    Member

Atty. RENE V. SARMIENTO                                                      ASTERIO B. PALIMA
Member                                                                                    Member

Ms. ZENAIDA H. PAWID                                                           JOJO S. MAGDIWANG
Member                                                                                    Member

WITNESSES:

Hon. JOSE C. DE VENECIA                                                        JOSE MA. SISON
Speaker, House of Representative                                       Chief Political Consultant
GRP                                                                                            NDFP Negotiating Panel

Usec. A. WILFREDO CLEMENTE                                              ANTONIO L. ZUMEL
DECS, GRP                                                                                 Senior Adviser                                                                                                                                                   NDFP Negotiating Panel

Ms. MA. CARLA L. MUNSAYAC                                               ROMEO T. CAPULONG
Executive Director                                                                   General Counsel
GRP Negotiating Panel Secretariat                                       NDFP Negotiating Panel

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

These 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, hereinafter referred to as the IMPLEMENTING RULES, are being agreed by and between:

The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
(GRP), through its Negotiating Panel headed by its Chairperson,
Howard Q. Dee

and

The NATIONAL DEMOCRATIC FRONT OF THE PHILIPPINES (NDFP),
through its Negotiating Panel headed by its Chairperson, Luis G. Jalandoni.

WHEREAS, the Parties have the responsibility to protect their respec­tive personnel involved in the peace negotiations through their respective security forces;

WHEREAS, the duly accredited persons under the Joint Agreement on Safety and Immunity Guarantees (JASIG) dated 24 February 1995, herein­after referred to as the duly accredited persons, because of their involvement in the peace negotiations, have the inherent right to their personal security;

WHEREAS, security is likewise required for the consultations, public meetings, and free and unhindered passage in all areas in the Philippines in connection with and in furtherance of the peace negotiations that the aforesaid duly accredited persons conduct; and

WHEREAS, there is a need to agree on the security methods and means in order to enhance the conditions of the peace negotiations and avert inci­dents adverse thereto.

NOW, THEREFORE, in consideration of the foregoing, the two Parties through their Negotiating Panels hereby agree to the following:

ARTICLE I
SECURITY FOR DULY ACCREDITED PERSONS

Section 1. The duly accredited persons may carry one (1) sidearm each including its ammunitions, accessories and spare parts for their security and self‑protection while in the performance of their functions in the peace negotiations. For purposes of these Implementing Rules, “sidearm” shall refer to revolvers and semi‑automatic pistols and excludes machine pistols.

Any case of alleged violation of the provisions of this section shall be the subject matter of appropriate consultations between the two Parties.

The appropriate circular needed to ensure the attainment of the abovestated purpose shall be issued within two (2) weeks from the date of effectivity of these Implementing Rules. For purposes of the issuance of the said circular, a list of names of the duly accredited persons of the concerned Party shall be furnished to the Panel Chairman of the other Party.

The contents of this circular shall be consistent with the pertinent provisions of the JASIG and these Implementing Rules.

Section 2. Both Parties shall ensure that these Implementing Rules are trans­mitted and fully understood by all personnel concerned down to the lowest unit on the ground. The two Negotiating Panels shall discuss and agree on additional implementing rules as they may deem necessary to avert any incident which may jeopardize the peace negotiations and the safety and unhindered passage of their respective duly accredited persons and the persons consulted by them as well as the peaceful conduct of the assemblies.

ARTICLE II
SECURITY COMMITTEES AND SECURITY FORCES

Section 1. The Parties shall organize their respective Security Committees composed of three members on each side which shall discuss and agree: (1) on the guidelines for these Implementing Rules on matters of detail which are not specifically covered herein; (2) on the implementation of such guide­lines; (3) on ensuring proper coordination in such implementation; (4) on prior notice on the holding of consultations and the appropriate information which should be disclosed regarding such consultations; (5) on the necessity of declaring a mutual ceasefire in the areas where consultations are being conducted and the nature, scope, implementing guidelines and parameters of such mutual ceasefire; (6) on the determination of the safety area, radius and distance from both sides and adequate protection for the routes of safe passage for participants in the consultation; and (7) on such other matters as may be assigned to them from time to time by agreement of the two Panels.

Section 2. The Party concerned may form a central security force of not more than thirty (30) members which, in the case of the NDFP, shall include the twelve (12) security personnel who are duly accredited persons. The central security force shall perform close‑in security of its duly accredited persons, security of participants in the consultations, and security for the safe passage of personnel and participants in the consultations.

Section 3. For purposes of the consultations, the Party concerned may form a regional security force in each of the fifteen (15) regions of the country, not exceeding thirty (30) members in each region at any one time, inclusive of those who may come from the central security force. Such security force shall perform its tasks during the period of consultations and in the area where such consultations are being held.
The guidelines to implement this section including the carrying of sidearms/firearms shall be discussed and agreed upon by the Security Committees.

Section 4. Members of the aforesaid central and regional security forces shall enjoy the protection provided for by Section 3, Article II of the JASIG.

ARTICLE III
GENERAL PROVISIONS

Section 1. The duly accredited persons and members of the security forces authorized to carry sidearms/firearms, including its ammunitions, accesso­ries and spare parts, pursuant to these Implementing Rules shall act in a manner that will promote the objectives of the peace negotiations.

Section 2. The authority to carry sidearms/firearms issued pursuant to the preceding section shall not be transferable and shall be in the possession of the bearer together with the sidearms/firearms covered by said authority.

Section 3. These Implementing Rules or any provision hereof shall not impair or diminish the safety and immunity guarantees provided for under the JASIG.

Section 4. These Implementing Rules shall take force and effect upon signing by the Chairpersons of the two Negotiating Panels and approval by their respective Principals, and shall remain in force during the effectivity of the JASIG dated 24 February 1995.

DONE on the 16th of March 1998 in The Hague, the Netherlands.

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

By:

Amb. HOWARD Q. DEE                                                           LUIS G. JALANDONI
Chairperson, GRP Negotiating Panel                                   Chairperson, NDFP Negotiating Panel

Rep. JOSE V. YAP                                                                      FIDEL V. AGCAOILI
Member                                                                                    Member

Sec. SILVESTRE H. BELLO III                                                   CONI K. LEDESMA
Member                                                                                    Member

Atty. RENE V. SARMIENTO                                                      ASTERIO B. PALIMA
Member                                                                                    Member

Ms. ZENAIDA H. PAWID                                                           JOJO S. MAGDIWANG
Member                                                                                    Member

WITNESSES:

Hon. JOSE C. DE VENECIA                                                       JOSE MA. SISON
Speaker, House of Representative                                       Chief Political Consultant                                                                                                                              NDFP Negotiating Panel

Usec. A. WILFREDO CLEMENTE                                             ANTONIO L. ZUMEL
DECS, GRP                                                                                Senior Adviser
NDFP Negotiating Panel

Ms. MA. CARLA L. MUNSAYAC                                              ROMEO T. CAPULONG
Executive Director                                                                  General Counsel
GRP Negotiating Panel Secretariat                                      NDFP Negotiating Panel

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

March 18, 1997

This Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC 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 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 by its Chairperson, Luis G. Jalandoni.

ARTICLE I
PREAMBLE

WHEREAS, the GRP and NDFP Panels signed The Hague Joint Declaration of 1 September 1992 which, among others, sets the framework of mutually acceptable principles and the substantive agenda of the peace negotiations, and the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees (RWC Agree­ment) of 26 June 1995 which provides for, among others, the conduct of work and reasonable time frame of the RWCs;

WHEREAS, both Panels affirm that the common goal of the aforesaid negotiations and agreements is the attainment of a just and lasting peace;

WHEREAS, the GRP acknowledges that there is a limited time for the peace negotiations to be completed within the Ramos administration and there is a common desire by both Parties to accelerate the peace negotiations.

ARTICLE II
PROCESS AND TIMETABLE

The two Negotiating Panels agree on the following:

Section 1. Conduct of Work
Pursuant to the RWC Agreement, the four RWCs of both Panels shall strive to complete their work on or before June 30,1997 by arriving at tenta­tive comprehensive agreements for each major heading of the substantive agenda assigned to them on the basis of the following schedule:

The RWCs on Human Rights and International Humanitarian Law (HR & IHL) shall strive to complete the tentative comprehensive agreement assigned to them within two weeks of continuous work in March 1997.
The RWCs on Social and Economic Reforms (SER) shall meet for the first time and endeavor to complete the tentative comprehensive agreement assigned to them within two weeks of continuous work in April 1997.

The Negotiating Panels may separately form their respective RWCs on political and constitutional reforms (PCR) and RWCs on end of hostilities and disposition of forces at any time, with the aim of preparing for and exerting the best effort to complete the tentative comprehensive agree­ments assigned to them for drafting within two weeks of continuous work in May 1997 and June 1997, respectively, provided the comprehensive agreements mentioned in paragraphs a and b above are signed by the Negotiating Panels and approved by their respective Principals.

Section 2. Effectivity of the Comprehensive Agreements
The agreement/s on each heading of the substantive agenda shall take effect upon its/their signing by the Negotiating Panels and approval by their respective Principals.
The sequence of the headings as set forth in the substantive agenda shall remain firm and the effectivity of an approved comprehensive agreement shall not be delayed but shall help to accelerate the work on the next com­prehensive agreement being worked upon.

ARTICLE III
GENERAL PROVISIONS

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

Section 2. The inability of the Negotiating Panels to complete their work according to the desired schedule in Section 1 above on or before July 1, 1997 shall be no ground for ending the peace negotiations.

IN WITNESS WHEREOF, we have hereunder signed this Supplemental Agreement this 18th of March 1997 at Breukelen, The Netherlands.

The Government of the Republic The National Democratic Front
of the Philippines Negotiating Panel: of the Philippines Negotiating Panel:

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

Rep. Jose V. Yap                                                                       Fidel V. Agcaoili
Member                                                                                    Member

Mr. Silvestre H. Bello III                                                          Coni K. Ledesma
Member                                                                                    Member

Atty. Rene V. Sarmiento                                                          Asterio B. Palima
Member                                                                                    Member

Ms. Zenaida H. Pawid                                                             Jojo Magdiwang
Member                                                                                    Member

Witnesses:

Teresita L. de Castro                                                               Jose Maria Sison
Asst. Chief State Counsel                                                       Chief Political Consultant
GRP                                                                                            NDFP Negotiating Panel

Ma. Carla L. Munsayac                                                           Romeo T. Capulong
Executive Director                                                                   General Counsel
GRP Negotiating Panel                                                           NDFP Negotiating Panel
Secretariat

Sotero Llamas
Political Consultant

NDFP Negotiating Panel
Brig. Gen. Raymundo Jarque (ret.)
Consultant NDFP Negotiating Panel

Danilo Borjal
Consultant
NDFP Negotiating Panel

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