NDFP chief political consultant Jose Maria Sison and Presidential Peace Adviser Jesus Dureza during the conclusion of the second round of talks in Oslo, Norway in October 2016. (davaotoday.com file photo)
DAVAO CITY, Philippines — The Philippine government terminated Tuesday the Joint Agreement on Safety and Immunity Guarantees three days after President Rodrigo Duterte suspended the peace negotiations with the National Democratic Front of the Philippines.
Presidential Peace Adviser Jesus Dureza addressed NDFP chief political consultant Jose Maria Sison and Fidel Agcaoili NDFP peace panel chairperson informing them of the termination of the agreement that grants immunity to
the consultants and negotiating panel members.
“Following the President’s announcement of the cancellation of the peace talks with the CPP/NPA/NDF and per his instructions, the government is hereby serving this notice of the termination of the Joint Agreement on Safety and Immunity Guarantees (JASIG),” Dureza wrote.
In a separate statement, Dureza said despite the cancellation of the peace talks, the government “remains committed in its peace efforts by continuing with resolve to explore all opportunities to intensify implementation of genuine reforms for the benefit of the people.”
“It shall also continue to pursue other paths to peace and undertake all forms of peace initiatives and peacebuilding efforts at the national, regional and local levels to keep the peace,” Dureza said.
After terminating the peace negotiations on Saturday, Duterte also ordered the rearrest of NDFP peace consultants who were granted temporary liberty by the government to join the peace talks which was resumed last year after a five-year impasse.
On Monday, Ariel Arbitrario, an NDFP consultant was arrested in a military checkpoint in Barangay Sirawan, Toril here along with an alleged NPA leader whom the the military said has a standing warrant of arrest for murder.
But the NDFP called for the release of the consultant saying they are protected from rearrest under the JASIG.
On the same day, the Department of National Defense also announced that it will launch an “all out war” against the New People’s Army.
Not the first time
NDFP peace panel chairperson Fidel Agcaoili said this is not the first time that the government declared an all out war against the Communists.
“This is not the first time that an all out war has been declared against the revolutionary forces. President Cory Aquino did it in 1987 after the Mendiola massacre. Estrada too after signing the VFA. We are used to this threats,” he said.
“The revolutionary movement will persist and continue the struggle for the national and social liberation of the Filipino people to bring about a just and lasting peace in the country,” Agcaoili added.
Notice terminates peace negotiations
Agcaoili also told Davao Today in a Facebook chat that they have received the written notice of termination of the JASIG.
He said although they find it “odd” that the notice only terminates the JASIG and not the peace negotiations, the notice also effectively terminates the peace negotiations.
“We intend to acknowledge it today to enable the 30 day grace period to run. It is actually an odd notice since it only terminates the JASIG and not the peace negotiations but has the same effect. It is not like the written notice of termination sent by President Estrada before. But Dureza’s notice will do in effectively terminating the peace negotiations,” Agcaoili said.
Agreement
JASIG is an agreement between the Government of the Republic of the Philippines and the NDFP which was signed by their respective negotiating panels on February 24, 1995.
According to the Philippine Peace Center, the agreement “provides safety and immunity guarantees that protect the rights of negotiators, consultants, staffers, security and other personnel who participate in the GRP-NDFP peace negotiations, in order to facilitate the peace negotiations, create a favorable atmo¬sphere conducive to free discussion and free movement during the negotiations, and avert any incident that may jeopardize the peace negotiations.”
“Without the JASIG, negotiations would not be possible. Without the JASIG, persons involved in the negotiations would always feel or actually be under a cloud of threat and would be unable to perform their functions freely. The negotiations would always be at risk of being disrupted and totally jeopardized,” it added.
Those who are covered or protected by JASIG are the “duly accredited persons” who were designated by either Party to take part of the peace negotiations.
Under the JASIG, 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.
Appeal for peace
In an interview with Cristina Palabay, national secretary general of Karapatan, the cancellation of the JASIG and the all out war against insurgents will result to attacks against the people.
“We are once again making an appeal for peace. The peace talks should be resumed as soon as possible,” she said.
Palabay also called out the government for its “breaches” on the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
“We call on the administration to recognize and honor this agreement because otherwise any peace process that it has entered into means nothing in the current administration,” she said.
Palabay said there is still a window within the “30 day” period that the termination will take effect after the receipt of the formal notice.
However, Palabay said that the “militarists inside under the Duterte administration is gaining much foothold in the peace process.” (davaotoday.com)
