Remedies to obstacles or problems in the GPH-NDFP Peace Negotiations

Submitted by Kodao on Tue, 11/15/2011 - 14:13.
By Prof. JOSE MARIA SISON

NDFP Chief Political Consultant

14 November 2011

**Remedies to obstacles or problems in the GPH-NDFP Peace
Negotiations**

**Brief presentation to press conference, in Utrecht, The Netherlands

 **

Let me state to you the remedies that have been used or can be used to
overcome or solve 10 major obstacles or problems in the GPH-NDFP peace
negotiations.

Let me refer quickly to every obstacle or problem and then state the
remedy.

1. Problem of diametrically opposite positions in a civil war

 Remedy: The Hague Joint Declaration (THJD) makes it possible for the
warring parties, GPH and NDFP, to become negotiating parties. It
declares that they are guided by mutually acceptable principles of
national sovereignty, democracy and social justice and that there
shall be no precondition whatsoever to negate the inherent character
and purpose of peace negotiations. Both sides keep their respective
political integrity in addressing the roots of the armed conflict by
negotiating and agreeing on basic social, economic and political
reforms.

2. Problem of safety and immunity guarantees

 Remedy: The Joint Agreement on Safety and Immunity Guarantees (JASIG)
provides the guarantees for both sides. Safety and immunity guarantees
are necessary for the negotiators, consultants, staff and other
personnel in the peace negotiations. Safety of such persons, documents
and other things is necessary before, during and after the peace
negotiations. Immunity ensures that they do not become criminally
liable for what they utter or do in connection with the peace
negotiations.

3. Problem of venue in view of previous bad experience in the 1986
ceasefire talks

 Remedy: The JASIG has stipulated foreign neutral venue, with
facilitation of foreign governments. During the ceasefire talks and
ceasefire agreement in 1986 and early 1987, the NDFP personnel and
allies were put under surveillance by enemy intelligence. Afterwards,
a number of them were arrested, tortured and killed. Peace
negotiations in a foreign venue do not require mobilization of large
security forces by the negotiating parties. They are secure and
economical for both sides.

4. Problem of orderly meetings and consultations

 Remedy: Ground Rules regarding these have been agreed upon. To
mention some of the rules, the chairpersons are responsible for the
conduct of their respective panels and consultants and they co-preside
the formal meetings. The chairpersons of the panels, teams or
representatives thereof can engage in informal meetings and
consultations to facilitate the formal meetings. The third party
facilitator is in charge of hosting and providing necessities for the
talks and can attend the formal meetings.

5. Problem of having substantive agenda towards a just and lasting
peace

 Remedy: THJD requires addressing the roots of the armed conflict by
negotiating and forging agreements on basic social, economic and
political reforms and sets forth the substantive agenda: Respect for
Human Rights and International Humanitarian Law (already done); Social
and Economic Reforms; Political and Constitutional Reforms; and End of
Hostilities and Disposition of Forces. There is the Joint Agreement on
the Formation, Sequence and Operationalization of the Reciprocal
Working Committees for making the tentative agreements before
finalization by the negotiating panels. After a comprehensive
agreement is approved by the panels, it is submitted to their
respective principals for approval.

6. Problem of legal and judicial framework

 Remedy: The CARHRIHL has used as main frame of reference the
international conventions on human rights and international
humanitarian law and the negotiating panels adhere to their respective
constitutions. The prospective CASER avails of international
conventions and the negotiating panels adhere to their respective
constitutions. The prospective CAPCR will be guided by international
law and will seek to make a new constitution on the basis of the
constitutions of the GPH and NDFP and create new political mechanisms.
The prospective EHDF will also be guided by international law and by a
new constitution agreed upon by the GPH and NDFP.

7. Problem of violations of JASIG and CARHRIHL

 Remedy: The NDFP has constantly demanded that justice be rendered to
the JASIG-protected negotiating personnel who have been subjected to
imprisonment, torture and extrajudicial killings. The refusal of GPH
to heed the demand for justice and the immediate release of the JASIG
protected prisoners can be a just ground for the NDFP to withdraw from
the peace negotiations but still the NDFP continues to demand and wait
for the GPH to comply with JASIG. Like the entire people and the human
rights, peace and religious organizations, the NDFP is demanding the
release of more than 350 political prisoners who have been tortured
and imprisoned on trumped up charges of common crimes in violation of
CARHRIHL, particularly the Hernandez political offense doctrine. The
Aquino regime condones the human rights violations perpetrated under
the Arroyo regime and is perpetrating its own. The NDFP has the just
ground to withdraw from the peace negotiations because the Aquino
regime does not comply with the JASIG and CARHRIHL.

8. Problem of demagogic demands for ceasefire to draw attention away
from the roots of the armed conflict

 Remedy: NDFP has offered truce and alliance on the basis of a general
declaration of common intent in the spirit of encouraging and
accelerating the peace negotiations. Such offer is intended by the
NDFP to counter the frequent demagogic demand of the GPH which
obfuscates the need for addressing the roots of the armed conflict and
tries to push the NDFP towards a position of surrender and
pacification. But if the GPH seriously takes the offer, then there can
be an immediate truce and alliance in general terms that will
certainly encourage and accelerate the forging of the three remaining
comprehensive agreements on SER, PCR and EHDF.

9. Problem of GPH undermining and seeking to nullify the THJD, the
JASIG and even the CARHRIHL

 Remedy: NDFP simply has to uphold the existing joint agreements in
opposition to the efforts of the GPH to undermine and nullify them.
The peace negotiations will not move forward or will even be
terminated if the GPH does not remove the clique of clerico-fascists,
military hawks and crooks that are in control of the Office of the
Presidential Adviser on the Peace Process. Such clique is most
responsible for the efforts to cast away the THJD on the false
argument that it is a document of perpetual division, that the JASIG
does not involve obligations but is only a matter of discretion for
the GPH and that the CARHRIHL is not binding and effective, despite
the approval of the principals. The current OPAPP has become notorious
for attacking existing agreements with the NDFP or with the MILF. It
is preoccupying itself with racketeering activities in connivance with
certain paramilitary groups like the CPLA and the RPA-ABB which are
misrepresented as rebel groups.

10. Problem of the Oplan Bayanihan, including US intervention and
interference in the peace negotiations.

 Remedy: NDFP exposes the US-designed Oplan Bayanihan as a military
campaign plan masquerading as a peace and development campaign. We
call on all peace-loving people to demand that the GPH, particularly
the Aquino regime, engage in serious peace negotiations and build a
just and lasting peace with the NDFP on the agreements already made.
According to Oplan Bayanihan, the peace negotiations are merely a fig
leaf on the naked brute force of the state. The GPH is supposed to use
sham peace negotiations if only to reinforce the psywar
misrepresentation of the military campaign of suppression as peace and
development operations. The NDFP advises the GPH to engage in serious
peace negotiations because the revolutionary forces are ready to
frustrate the GPH strategy of deception and violence.
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