Formal Peace Negotiations (June 1995-1998)
June 26, 1995 – Formal peace talks starts between the GRP and NDFP with official hosting and facilitation by the Belgian Government at the International Press Center in Brussels:
- Exchange of official credentials between the two panels
- Signing of the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees
- Announcement of the formation and operationalization of the Reciprocal Working Committees on Human Rights and International Humanitarian Law (RWC-HR-IHL); the NDFP asks for a recess until the arrival of NDFP Panel consultant Llamas, whom the GRP had agreed to release to participate in the talks
June 27, 1995 – The GRP fails to comply with the JASIG provision to allow Mr. Llamas to join the NDFP panel and unilaterally suspends the formal talks
June 21, 1996 – NDFP Panel consultant Sotero Llamas is released from prison
June 19-26, 1996 – Formal talks resume in The Hague, The Netherlands with official hosting and facilitation by the Dutch Government:
- Discussions on comprehensive agreement on respect for human rights and international humanitarian law begin; the NDFP presents a 15-page draft while the GRP presents a 3-page draft
- Preamble of the CARHRIHL is initialed by both panels
- The two panels sign the Additional Implementing Rules Pertaining to the Documents of Identification of the JASIG
- NDFP presents list of holders of Document of Identification (DI) to the GRP; GRP objects to the inclusion of former AFP Gen. Raymundo Jarque
July 5, 1996 – NDFP submits to the Swiss Federal Council as depositary and to the International Committee of the Red Cross (ICRC) as official guardian the NDFP Declaration of Undertaking to Apply the Geneva Conventions of 1949 and Protocol I of 1977
July 1996 – For humanitarian considerations and as goodwill measure, NDFP issues release order for two prisoners of war in Mindanao (Capt. Lewel Santos and T/Sgt. Johnny Dalapag) to field officers of ICRC
August 2, 1996 – Swiss Federal Council acknowledges receipt of the NDFP Declaration of Undertaking to Apply the Geneva Conventions and Protocol 1 and informs the NDFP of its transmittal to the ICRC as official guardian
August 5, 1996 – NDFP announces its Declaration of Undertaking to Apply the Geneva Conventions and Protocol I and asserts its status of belligerency on the following basis:
- The revolutionary people and organizations represented by the NDFP constitute a significant portion of the Philippine population, occupy a significant portion of Philippine territory, and have their own system of government and political principles
- The New People’s Army (NPA) operates on a nationwide scale with a central command and under the political leadership of the Communist Party of the Philippines (CPP)
- The armed conflict, which is a protracted civil war, has been of an intensity and scale as to require the GRP’s use of its entire armed forces in the name of national defense from 1969 to the present, and the imposition of martial rule from 1972 to 1986
November 21, 1996 – AFP abducts NDFP Panel consultant Danilo Borjal, turns him over to the Philippine National Police (PNP) which in turn detains and charges him with criminal offenses; NDFP protests violation of the JASIG; GRP denies the violation, resulting in another impasse in the talks
February 8, 1997 – GRP accedes to NDFP demand for the release of Mr. Borjal in accordance with JASIG; initialing of supplemental agreement to strive to accelerate the talks
March 18-23, 1997 – Resumption of formal talks in The Hague, The Netherlands:
- The Supplemental Agreement to the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees is signed by both panels
- Small committees composed of members from both panels are formed to tackle separate items:
- Part I: Declaration of Principles and Part II: Bases, Scope and Applicability of CARHRIHL
- Additional implementing rules to the JASIG pertaining to the security of personnel and consultations in furtherance of the peace negotiations
- A joint agreement in support of socio-economic projects of private development organizations and institutes
Release of political prisoners
- GRP Panel Chair Howard Dee hands over to NDFP Panel Chair Luis Jalandoni the GRP Panel’s documents of acknowledgment for 73 NDFP holders of Document of Identification
April 1997 – NDFP Reciprocal Working Committee on Socio-Economic Reforms is operationalized and drafts a 50-page agreement in preparation for discussions with its GRP counterpart
April 22, 1997 – GRP panel presents “two options”:
Option 1: each agreement on a major item of the substantive agenda may be forged by the Parties and approved by their respective principals separately and may have separate and distinct effectivity dates on the precondition that its implementation shall be “according to the constitutional and legal processes of the GRP”
Option 2: all four agreements on the major items of the substantive agenda shall first be completed by the negotiating panels before they are initialed and submitted to their respective principals for approval, also subject to the precondition that their implementation shall be “according to the constitutional and legal processes of the GRP”
NDFP rejects these options as gross and serious violations of The Hague Joint Declaration and the Joint Agreement on the Formation, Sequence and Operationalization of the Reciprocal Working Committees; GRP declares indefinite recess
July 18, 1997 – The European Parliament passes a resolution, expressing appreciation to the GRP and NDFP for their mutual commitment to pursue formal peace negotiations in Europe within the framework of The Hague Joint Declaration, supporting all the bilateral agreements the two Parties have reached, and requesting the Commission and the Council to provide and facilitate support and assistance to the Parties in carrying out their formal peace negotiations
July 31 – August 5, 1997 – The RWCs on HR-IHL of both panels initial a common tentative draft of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL)
Two other agreements are initialed:
- 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
- Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes
August 1997 – GRP panel submits August 5 common tentative draft to GRP cabinet cluster on internal security, which rejects it and instructs the GRP panel to reformulate the draft
August 22, 1997 – GRP panel submits to the NDFP its Reformulated Draft of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law; NDFP rejects it as a mutilation and cannibalization of the August 5 common tentative draft
August 26 – October 7, 1997 – NDFP Panel member Fidel Agcaoili conducts consultations with NDFP forces and various individuals and groups, including people’s organizations; meets GRP President Ramos
October 30, 1997 – An NPA unit captures Rodriguez, Rizal, Police Chief Maj. Rene Francisco and M/Sgt. Joaquin Melad in a raid on the Rodriguez, Rizal, municipal hall
November 11, 1997 – GRP Panel Chairman Dee announces the suspension of the peace talks between the GRP and NDFP
December 5, 1997 – As goodwill and confidence building measure, the NDFP issues release order of P/Maj. Francisco and M/Sgt. Melad to the ICRC after securing GRP suspension of military and police operations for the safe and orderly release of the POWs and the safety of the NPA custodial forces, the surrounding communities and ICRC representatives
January 2, 1998 – Also as goodwill and confidence building measure, the NDFP issues release order of Police SP03 Martellano Magtagad to the ICRC by the NPA’s Lucio de Guzman Command of Southern Tagalog
January 6-10, 1998 – Resumption of peace talks in The Hague, The Netherlands
The two panels initial the draft of Parts 1, 11 and III of the CARHRIHL except for Article 5, Part III and exchange drafts on the provisions on respect for International Humanitarian Law
January 13-27, 1998 – Luis Jalandoni and Coni Ledesma, NDFP panel chairperson and member, respectively, conduct consultations with NDFP forces and other organizations, groups and individuals interested in the progress of the peace negotiations; high point of their visit is a meeting with political prisoners and with GRP President Ramos
January 28-31, 1998 – Parts IV, V and VI which constitute the second half of CARHRIHL are initialed by both panels; only Article 5, Part III remains unresolved with the panels agreeing to immediately work on a mutually acceptable formulation
March 16, 1998 – GRP and NDFP negotiating panels sign the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
Two short agreements are also signed: the 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 and the Joint Agreement in Support of Socio-economic Projects of Private Development Organizations and Institutes
Drafts of Social and Economic Reforms are exchanged
April 10, 1998 – NDFP Chairman Mariano Orosa approves the CARHRIHL
August 7, 1998 – GRP President Joseph Estrada approves the CARHRIHL
