NDFP Condemns Arrest of NDFP Consultant Ruben A. Saluta
/by Louie JalandoniBy LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
The National Democratic Front of the Philippines (NDFP) strongly condemns the arrest of NDFP Consultant Ruben A. Saluta on 4 March 2015 by combined Philippine Army and Philippine National Police forces of the Aquino regime. His arrest and continued detention are a gross violation of the GRP-NDFP Joint Agreement on Safety and Immunity Guarantees (JASIG).
NDFP Consultant Ruben A. Saluta has been issued NDFP Document of Identification ND978240 under the assumed name Lirio Magtibay, which he presented to the arresting officers. The Aquino regime again shows its obstinate refusal to comply with its obligation to respect the reciprocal binding peace agreement JASIG signed in 1995 and approved by the Principals of both Parties.
The NDFP demands the release of NDFP Consultant Ruben A. Saluta and 15 other NDFP consultants. Their illegal arrest and detention in violation of the JASIG seriously prejudices the resumption of formal peace negotiations between the Aquino government and the NDFP.
Currently held at the Philippine National Police (PNP) Criminal Investigation and Detention Group (CIDG) detention in Camp Crame, Quezon City, NDFP Consultant Saluta needs urgent medical care for hypertension, allergic rhinitis and scoliosis. He also has cataract. He suffers from recurring pneumonia and needs to maintain his cholesterol level. All the more, that he should be released immediately and unconditionally
Aquino Sabotages and Destroys Preparations for Resumption of Formal Talks in GPH-NDFP Peace Negotiations
/by Louie JalandoniNDFP Peace Panel Congratulates NDFP-SMR for Successful Release of POW Coquilla
/by Louie JalandoniMEDIA RELEASE
By LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
19 January 2015
The National Democratic Front of the Philippines (NDFP) Negotiating Panel warmly congratulates the NDFP-Southern Mindanao Region for successfully carrying out the safe and orderly release of Prisoner of War (POW) Jose Mervin Coquilla today to foster the immediate resumption of peace negotiations between the Aquino government and the NDFP.
In a unilateral exercise of political authority, the NDFP-SMR freed the provincial warden of Compostela Valley, and suspended its judicial proceeding against Coquilla also as a humanitarian act, in response to the pleas of his family and representatives from the Government of the Philippines (GPH) and well-meaning individuals.
The NDFP-SMR released the POW Coquilla to Third Party facilitators, peace advocates and media persons.
The NDFP Negotiating Panel welcomes this NDFP-SMR gesture of compassion and mercy, a message that has been reverberating in the country with the visit of Pope Francis. We appreciate and support the calls of people’s organizations and peace advocates to resume GPH-NDFP peace negotiations to address the root causes of the armed conflict.
We call for the release of political prisoners and NDFP Consultants in accordance with the GRP-NDFP Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) and the Joint Agreement on Safety and Immunity Guarantees (JASIG).
The NDFP is open to resume peace negotiations with the GPH on the basis of The Hague Joint Declaration of 1992, the JASIG (1995), the CARHRIHL (1998) and other binding peace agreements.
NDFP Condemns Arrest of Peace Consultant Rogelio Posadas
/by Louie JalandoniMEDIA RELEASE
By LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
14 January 2015
The National Democratic Front of the Philippines (NDFP) Negotiating Panel vigorously condemns the illegal arrest and detention of NDFP Peace Consultant ROGELIO POSADAS and demands that the Aquino government respect and comply with its obligation in accordance with the Joint Agreement on Safety and Immunity Guarantees (JASIG) signed by both negotiating panels and approved by their respective Principals in 1995.
Mr. Rogelio Posadas has been issued NDFP Document of Identification Number ND978313 under the assumed name Angel Jose. He has been issued a corresponding Letter of Acknowledgment signed by GRP Negotiating Panel Chairperson Silvestre H. Bello III. He is therefore covered by the safety and immunity guarantees under the JASIG.
Illegally arrested by state security forces on 09 January 2015, Rogelio Posadas is reported to be detained at the Philippine National Police jail in Cadiz City in Negros Occidental.
The NDFP demands the release of Rogelio Posadas and 14 other illegally detained NDFP Consultants. The Aquino government must respect and comply with its obligations arising from the JASIG, the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), and other binding bilateral peace agreements.
On the CBCP President’s November 10 Message
/by Louie JalandoniBy LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
The Negotiating Panel of the National Democratic Front of the Philippines (NDFP) has not requested the Catholic Bishops’ Conference of the Philippines (CBCP) President to mediate in the peace negotiations between the Government of the Philippines (GPH) and the NDFP. It is the firm policy of the NDFP not to entrust any entity with the power of mediation in the peace negotiations. Such power to make decisions arbitrarily and impose them on the Parties to the peace negotiations could mean grave danger to the revolutionary movement and people. Hence, the Royal Norwegian Government (RNG), which has been requested by both the GRP/GPH and the NDFP to help in the peace negotiations, is asked only to be a Third Party Facilitator.
When the CBCP President speaks of “the request to mediate in the government-NDF dialogue”, such a request has never come from the NDFP. The request to any third party to play a role in peace negotiations must be done by both Parties. Both Parties also have to agree to the type of role the third party will fulfill in the peace negotiations.
It should be made clear to the CBCP President that the revolutionary leadership is based in the Philippines. The NDFP Negotiating Panel is mandated by the revolutionary leadership to carry out peace negotiations on behalf of the revolutionary forces. The command and leadership of the revolutionary struggle are carried out in the Philippines.
In connection with the peace negotiations, when an agreement for a temporary ceasefire to promote the peace talks is proposed, the NDFP Negotiating Panel does recommend to the revolutionary leadership the implementation of such a ceasefire. For example, on December 18, 2012, both Parties in a meeting in The Hague with the presence of the RNG facilitator, there was a proposal to have a mutual ceasefire for 27 days. The NDFP Negotiating Panel conveyed this proposal to the revolutionary leadership in the Philippines. Thus, the 27 day ceasefire starting December 20, 2012 was carried out.
The CBCP President, in alleging that the New People’s Army (NPA) is a burden to the people in the countryside, commits a grievous error. The NPA and other revolutionary forces carry out pro-people programs of land reform, health, education including literacy and numeracy, culture and self-defense, among others. These programs result in the improvement of the lives of the people, in their millions. Hence, the people cherish the NPA as their army, defending their rights and programs. Such allegation stemming from the GPH peace panel is a distortion of reality. Church leaders and other Church people close to the struggling people in the countryside would know that the allegation from the GPH peace panel is false.
We strongly dispute the allegation that the peace negotiations have had no substantial fruit. The Hague Joint Declaration as framework of the peace negotiations, the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) and other basic agreements are very significant results. Internationally these have won recognition, such as two European Parliament resolutions endorsing these agreements.
The NDFP Negotiating Panel expresses its appreciation for church leaders in the Philippines who have hosted us when we visit our homeland. We welcome their friendly gesture. When they visit our NDFP International Office, we likewise welcome and host them. We believe this kind of friendly exchange is beneficial to both sides and helps in fostering a spirit that is conducive to advancing the efforts to achieve a just and lasting peace in our country.
We have appreciated the persistent efforts to strive for a just peace by the Philippine Ecumenical Peace Platform (PEPP), the Ecumenical Bishops’ Forum (EBF), the Pilgrims for Peace, the Sowing Seeds for Peace and KAPAYAPAAN Campaign for Just and Lasting Peace, which have prominent and significant Church leaders. The call of these peace advocates acting as “bridge builders for peace” to resume peace talks, honor all agreements, and address the root causes of the armed conflict, is a welcome positive impetus to foster the peace negotiations to achieve a just and lasting peace. ###
The Civil War in the Philippines and the Status of Peace Talks Between the GPH and NDFP
/by Louie JalandoniBy LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
Dear Friends in the Cordillera Human Rights Alliance,
Thank you very much for inviting me to speak in this people’s forum to launch the campaign “Justice for Lacub” as a response to the grave war crimes and violations of human rights and international humanitarian law committed by the Armed Forces of the Philippines and the Aquino government in Lacub, Abra last month.
The topic you have assigned to me is “The civil war in the Philippines and the status of peace talks”.
In the current civil war in the Philippines, the National Democratic Front of the Philippines (NDFP) represents in the peace negotiations, the people’s democratic government which is a co-belligerent of the Government of the Republic of the Philippines (GRP/GPH).
Two states exist in the Philippines: one is the revolutionary, representing the people’s democratic power, and the other is counterrevolutionary, representing the foreign and domestic oppressors and exploiters.
The people’s democratic government has effective power over an extensive population and territory with organs of political power in 71 out of 81 provinces in the country. It is led by the Communist Party of the Philippines (CPP). It has the New People’s Army (NPA) as the main component of state power. The NDFP encompasses a wide array of political forces with 18 allied revolutionary organizations and mass organizations of workers, peasants, women, youth, children and cultural activists.
On the other hand, the reactionary government, currently headed by the Aquino clique, is subservient to US imperialism and utilizes the Armed Forces of the Philippines, the Philippine National Police, the CAFGU and private armies to suppress the people. They carry out the Oplan Bayanihan, patterned after the US Counter-Insurgency Guide. They perpetrate atrocious and numerous violations of human rights (HR) and international humanitarian law (IHL).
In carrying out their national liberation struggle through a protracted people’s war, the revolutionary forces are guided by the Program for a People’s Democratic Revolution, the Guide for Establishing the People’s Democratic Government, and the Rules of the New People’s Army.
In 1991, the NDFP declared its adherence to international humanitarian law, Common Article 3 of the Geneva Conventions and Protocol II. Furthermore, in July 1996 it issued the NDFP Declaration of Adherence to the Geneva Conventions and Protocol I and deposited it with the Swiss Federal Council, the official depositary of IHL and also provided a copy to the International Committee of the Red Cross, the official guardian of IHL.
AFP Violations of International Humanitarian Law in Operations in Lacub last month
Taking the data provided by the Fact Finding Mission to Lacub and other reports, it is clear that the 41st Infantry Battalion under the command of Lt. Col. Rogelio Noora and 2LT Joe Mari Landicho and Capt. Deo Martinez as officers on the ground, committed atrocious war crimes and crimes against humanity and other grave violations of IHL
Grave violations of IHL and constituting war crimes are the brutal killing, torture, mutilation and desecration of Ka Rekka Monte, NPA member, and similar killing and desecration of 6 of her NPA comrades, and the extrajudicial killing of civilians Engineer Fidela Salvador and Noel Viste. The six NPA comrades of Ka Rekka, honored as people’s martyrs like her, are Arnold Jaramillo, Pedring Banggao, Robert Beyao, Brandon Magranga, Robert Perez, and Ricardo Reyes.
The fact that Ka Recca suffered no bullet wound, as the autopsy of the NBI showed, indicates that she was captured alive. She should have been respected as an “hors de combat”. Instead she was subjected to willful killing, torture and inhuman treatment which are grave breaches of the Geneva Conventions and declared war crimes by the International Criminal Court (ICC).
2Lt. Landicho, Capt. Martinez, and Lt. Col. Noora should be held accountable for these war crimes. The responsibility of the Commanding Officer of the 5th Infantry Division under which the 41st IB operates, should also be investigated.
The AFP use of civilians as human shields in coercing 24 civilians to be human shields on September 5, 2014 is likewise a war crime. Using human shields is prohibited under customary international law and declared a war crime by the International Criminal Tribunal for Former Yugoslavia (ICTFY) either as inhuman and cruel treatment or as an outrage upon personal dignity. It is likewise declared a war crime by the ICC.
Indiscriminate firing directed towards the houses of civilians in Talampac Proper and Pacoc, Talampac by the soldiers of the 41st IB stationed at So. Bantugo, Poblacion, Lacub on September 5, between 9:00 and 10:00 p.m is also a war crime. IHL strictly forbids attacks against the civilian population and civilians.
CARHRIHL Provisions Strictly Prohibiting IHL Violations
These war crimes are also strictly prohibited by provisions in the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) signed in 1998 and approved by the Principals of both Parties, NDFP Chairperson Mariano Orosa and then GRP President Joseph Estrada.
CARHRIHL, Part IV Respect for IHL, Art. 3 prohibits “at any time and in any place: violence to life and person, particularly killing or causing injury, physical or mental torture, mutilation, cruel or degrading treatment, desecration of the remains of those who have died in the course of armed conflict …” Art. 4 states: “Civilian population and civilians shall not be the object of attack, they shall be protected from indiscriminate aerial bombardment, strafing, artillery and mortar fire…”
It is worth noting that the CARHRIHL authorizes the investigation and trial by the NDFP and the GRP of those accused of violations of HR and IHL. Cf. CARHRIHL, Part III Respect for Human Rights, Art. 4 and Part IV Respect for International Humanitarian Law, Art. 6. These also state: “The victims or their survivors shall be indemnified.”
This means that the revolutionary justice system of the people’s democratic government can institute investigation, prosecution and trial of those accused of IHL violations. Therefore, the victims and their families may approach the people’s democratic government through its public prosecutors to file relevant complaints.
The CARHRIHL also provides for the filing of such complaints with the Joint Monitoring Committee (JMC) which is mandated by the CARHRIHL to monitor the implementation of CARHRIHL. Such filing may be done through the Joint Secretariat (JS) of the JMC which holds office in Cubao, Quezon City. The JS is composed of the NDFP Nominated Section of the JS and the GPH Section.
Moreover, such complaints may also be raised in the forthcoming International People’s Tribunal against the US-Aquino regime to be held in Washington, USA next year.
The Current Status of the Peace Talks
A series of consultations between the NDFP Negotiating Panel and a high level delegation of the GPH has resulted in a meeting between the two sides scheduled in Utrecht within the next few days. The two sides are discussing the possible resumption of peace negotiations after the collapse of talks on truce and cooperation last February 2013.
There is a new Special Envoy appointed by the Royal Norwegian Government (RNG), the official Third Party Facilitator. She is Elisabeth Slattum who has experience in peace talks in Columbia, Nepal and Haiti. She and Mr. Espen Lindbaeck, the Deputy Director of the Peace and Reconciliation Section of the RNG Foreign Ministry came for talks with the NDFP Negotiating Panel in Utrecht on October 18. This new team of the RNG expressed its willingness to help in the resumption of formal talks and to hold the next meeting of the negotiating panels in Oslo, Norway. We reiterated our readiness to resume formal talks on the basis of past bilateral peace agreements in order to address the roots of the armed conflict.
As a goodwill measure to promote peace talks, the revolutionary forces in Mindanao released four Prisoners of War (POWs) on July 29, 2014. They are again offering to release two more POWs, but the AFP is not willing to issue the suspension of offensive military and police operations (SOMO & SOPO) that is needed for the safe and orderly release of the POWs. Peace advocate organizations helped in the release of the POWs last July and they are again trying to facilitate the release of the two POWs. An NPA ceasefire always goes with the SOMO and SOPO.
In contrast to these goodwill gestures of the NPA, CPP and NDFP and the call of peace advocates to resume peace talks, the AFP and PNP commit gross violations of HR and IHL, as seen in the AFP operations in Lacub in September, and in so many other areas in the country.
The NDFP deeply appreciates the call of the family of Ka Recca and other peace advocates for the resumption of peace talks between the NDFP and the Aquino regime. Together let us affirm again our commitment to fight for justice, sovereignty, genuine democracy and a just and lasting peace.
On the Release of Four (4) Prisoners of War (POW)
/by Louie JalandoniLuis G. Jalandoni
Chairperson, Negotiating Panel
Member, National Executive Committee
National Democratic Front of the Philippines
July 27, 2014
As a goodwill gesture to promote the peace talks between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP), and as a response to the appeals of the families of the Prisoners of War (POWs), the NDFP is releasing the four POWs recently taken into custody by the New People’s Army.
The NDFP is declaring a ceasefire by the NPA for the towns of Claver, Gigaquit, Bacuag, Placer, Tubod and Alegria of Surigao del Norte and Kitcharao, Jabonga and Santiago of Agusan del Norte beginnig 12:00 noon of July 27, 2014 until 12:00 noon of August 1, 2014.
The NPA ceasefire corresponds with the SOMO and SOPO issued for the same area and period of time. The details of the NPA ceasefire are contained in the order issued on July 27, 2014 by Comrade Maria Malaya on behalf of the NDFP-NEMR.
Website: http://www.ndfp.net
Email address: [email protected]
Telephone: 31-30-2310431
Fax: 31-84-7589930
Mailing address: Amsterdamsestraatweg 50, NL-3513 AG Utrecht, Netherlands
On the False Allegations of Alex Padilla and Intrigues of the Aquino Regime
/by Louie JalandoniNDFP Condemns Illegal Arrest of NDFP Consultants Benito Tiamzon and Wilma Austria
/by Louie JalandoniBy LUIS G. JALANDONI
Chairperson, NDFP Negotiating Panel
Member, NDFP National Executive Committee
The National Democratic Front of the Philippines (NDFP) condemns in the strongest terms the illegal arrest of Benito Tiamzon and Wilma Austria by the Aquino regime’s security forces this afternoon in Carcar, Cebu.
Benito Tiamzon and Wilma Austria are NDFP Consultants who have fulfilled and are fulfilling highly significant tasks in the peace negotiations between the Government of the Republic of the Philippines (GRP/GPH) and the National Democratic Front of the Philippines (NDFP).
Wilma Austria is holder of NDFP Document of Identification ND978226 under her real name. She is holder of the Letter of Acknowledgment signed by then GRP Negotiating Panel Chairman Silvestre H. Bello III which states: The above named person is entitled to the safety and immunity guarantees asprovided 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.”
Benito Tiamzon is likewise the holder of NDFP Document of Identification ND 978227 under the assumed name “Crising Banaag”. He is likewise holder of a Letter of Acknowledgment signed by then GRP Negotiating Panel Chairman Silvestre H. Bello III.
The NDFP vigorously demands that Benito Tiamzon and Wilma Austria be immediately and unconditionally released.
This latest flagrant violation of the JASIG by the Aquino regime, in addition to so many other gross violations of the JASIG, most seriously prejudices the GPH-NDFP peace negotiations.