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THE SECOND OSLO JOINT STATEMENT
3 April 2004
The Negotiating Panel of the Government of the Republic of the
Philippines (GRP) and the Negotiating Panel of the National Democratic
Front of the Philippines (NDFP) engaged in formal peace talks from 30
March to 2 April 2004 in Oslo, Norway upon the hosting and
facilitation
of the Royal Norwegian Government.
On behalf of State Secretary of Norway Vidar Helgesen, Assistant
Director General of the Section for Peace and Reconciliation of the
Norwegian Ministry of Foreign Affairs Mr. Tore Hattrem welcomed the
two Panels. The GRP Panel Chairperson Silvestre H. Bello III and the
NDFP Panel
Chairperson Luis G. Jalandoni delivered their respective opening
statements.
The discussions were frank and fruitful. The two Panels agreed on the
following:
1. On Effective Measures Undertaken to Resolve the Issue of
"Terrorist" Listing
In accordance with the 14 February 2004 Oslo Joint Statement, the
Parties reaffirmed their commitment to the mutually acceptable
principle of national sovereignty as set forth in the Hague Joint
Declaration.
They also discussed the actions they have separately taken thus far
regarding the issue of ¨terrorist¨ listing.
As further steps on this outstanding issue, the Parties have agreed to
undertake an information campaign the content of which shall focus on
the fundamental principles enshrined in subsisting agreements of the
parties, such as:
a. the mutually acceptable principle of national sovereignty as set
forth in the Hague Joint Declaration;
b. the safety and immunity guarantees to panelists, consultants,
staffers and other duly authorized participants in the peace
negotiations in accordance with the JASIG;
c. the protection of their rights under the Comprehensive Agreement on
Respect for Human Rights and International Humanitarian Law (CARHRIHL);
and
d. upholding of the political offense doctrine enunciated in the Amado
V. Hernandez case pursuant to Article 6, Part III of the CARHRIHL.
They shall conduct this campaign to promote the peace negotiations.
They have also agreed to, jointly or separately, communicate with all
concerned states and other entities the significant progress of the
peace talks.
Pursuant to the Oslo Joint Statement, the Third Party Facilitator will
use its good offices to assist the Parties in communicating the above,
as appropriate, to the international community.
The parties welcome the support of the international community for the
ongoing GRP-NDFP peace negotiations and call on them to refrain from
any action that may impede or impair the peace process.
2. On the Joint Monitoring Committee (JMC)
The JMC which is the principal mechanism to monitor the implementation
of the CARHRIHL held its organizational meeting on 1 April 2004.
In this first formal meeting, the members of the JMC discussed the
documents pertaining to the JMC in order to arrive at a common
understanding of the nature, mandate, organizational structure and
rules of procedure of the JMC.
The members were formally introduced to one another, namely, on the
GRP side: Prof. Carlos P. Medina, Jr. - Co-Chairperson, Atty. Edgardo
B. Gayos, and Atty. Robert L. Larga; and on the NDFP side: Fidel V.
Agcaoili - Co-Chairperson, Coni K. Ledesma and Danilo F. Borjal.
Sitting as NDFP- nominated independent observers were Supreme Bishop
Tomas A. Millamena and Marie Hilao-Enriquez. The two GRP-nominated
observers namely Mercedes Contreras Danenberg and Mary Aileen Bacalso
were not present.
For the purpose of rendering the JMC fully operational in accordance
with Part V of the CARHRIHL and the Operational Guidelines for the JMC
approved and issued as Annex B to the Oslo Joint Statement of 14
February 2004, the JMC agreed on the following:
a. The Joint Secretariat tasked to provide technical and
administrative support to the JMC shall be set up and put into
operation within April 2004. It shall be composed of 10 members with
an equal number being nominated by each Party. It shall hold office in
a place chosen by the JMC taking into consideration security and
accessibility.
b. A draft of the rules of procedure to guide the JMC in the
performance of its duties subject to approval by the Panels.
c. The JMC shall hold its next two meetings in April 2004 and in June
2004 in venues mutually agreed upon by both sides.
d. The JMC set up a system to ensure the efficient flow of
communication between the two sides in between meetings of the JMC.
3. On the Work of the Reciprocal Working Committees on Social and
Economic Reforms (RWCs-SER)
Hereunder are the agreements of the RWCs-SER:
a. An initialed common draft of the "Guidelines for the Work of the
RWCs-SER and their Sub-committees" submitted to the Panels for
approval;
b. The draft Preamble of the Comprehensive Agreement on Social and
Economic Reforms (CASER) except for two (2) paragraphs elevated to the
Panels for resolution;
c. The draft Declaration of Principles of the CASER, except for three
(3) paragraphs likewise elevated to the Panels for resolution;
d. To fulfill, on a best effort basis, the agreement on accelerated
work or an enhanced process reached in the 14 February 2004 Oslo Joint
Statement;
e. To hold a joint meeting of their Sub-committees on the topics of
Economic Sovereignty and National Patrimony and National
Industrialization and Economic Development in the second half of May
2004 in Manila; and
f. To submit to their Panels for approval the proposal to hold an RWCs-SER
meeting in the third week of June 2004 in Beijing, Hanoi or Hongkong
to complete common tentative drafts on Bases, Scope and Applicability;
Economic Sovereignty and National Patrimony; Agrarian Reform and
Agricultural Development; and National Industrialization and Economic
Development.
4. On the Release of Prisoners and Detainees
Pursuant to its commitment under item 8 of the Oslo Joint Statement of
14 February 2004 the GRP shall take steps to obtain the release of
thirty two (32) prisoners and detainees named in the list submitted by
the GRP (a copy of which is attached hereto as Annex "A") within
thirty (30)
calendar days starting 5 April 2004, which includes nine individuals
covered by the release order of GRP President Gloria Macapagal-Arroyo
in 2001, seven women, 10 minors and six sick and/or elderly. Of the
seven named women, the case of nursing mother Zenaida Llesis shall be
given the highest priority and she shall be released forthwith.
The GRP shall also inquire with dispatch into the cases of the
Mamburao 7 and Donato Continente and undertake the necessary steps to
address their special circumstances for their release based on
humanitarian and/or legal grounds.
In accordance with the Oslo Joint Statement and Article 6, Part III of
CARHRIHL, the GRP shall review, regularly monitor and evaluate, the
cases of about 300 prisoners or detainees documented by KARAPATAN and
shall immediately release those found to have been arrested, detained,
charged, tried, or convicted of common crimes contrary to the
political offense doctrine in the Amado V. Hernandez case (99 Phil
515, 18 July 1956). The GRP shall undertake the necessary and
appropriate measures to ensure that the Hernandez doctrine is
respected and complied with.
5. On the Indemnification of Victims of Human Rights Violations of
the Marcos Regime
The GRP reported that in consonance
with its obligation under Article 5 of Part III of the CARHRIHL to
indemnify victims of human rights violations of the Marcos regime, the
GRP's Presidential Agrarian Reform Council adopted Executive Committee
Resolution No. 2003-93-04
expressing GRP's policy to leave a sufficient amount of at least PhP 8
billion from the recovered Marcos ill-gotten wealth to compensate such
victims.
In compliance with and suppletory to Item 6 of the Oslo Joint
Statement of 14 February 2004, the GRP shall take appropriate steps to
segregate the amount of USD 150 million (at least PhP 8 billion) from
the assets covered by the Custodianship Agreement between the Republic
of the Philippines and the Philippine National Bank executed on 30
January 2004. With the approval of its principal and subject to GRP
law, the GRP shall work for the amendment of the said Custodianship
Agreement for the purpose of depositing the segregated amount in a
separate interest-
bearing account. Towards this end, the NDFP-proposed amendment to the
said Custodianship Agreement, attached hereto as Annex "B", is hereby
endorsed to the appropriate GRP officials and agencies for their
consideration.
Furthermore, the GRP shall exert its utmost initiative to obtain
passage of an administration bill for the compensation of martial law
victims of human rights violations satisfactory to the victims, giving
priority to the successful plaintiffs in the Human Rights Litigation
against Marcos who shall be indemnified without further delay and in
the most expeditious manner.
6. On Other Issues and Concerns
A. Both Parties articulated the complaints received by
either side regarding violations of human rights and international
humanitarian law. In particular, concerns were raised about reported
attacks on human rights workers, leaders and supporters of legal
organizations including some progressive party-list groups, as well as
reported attacks on communities, civilians and properties.
The Parties agreed that additional information about these complaints
will be obtained and may be referred as appropriate to the Joint
Monitoring Committee.
In light of the above complaints, the Parties took note of their
obligations under CARHRIHL and reaffirmed that freedom of thought and
expression, freedom of conscience, political and religious beliefs,
freedom of movement and travel, as well as the rights to free speech,
press and assembly shall be observed and protected.
B. With respect to the 12-year old Levi Mabanan, a
special mission shall be sent to Catbalogan, Samar to ascertain the
facts and circumstances surrounding his custody and respond to his
needs in accordance with the principle of the best interests of the
child including access by his next of kin.
7. On the Date, Venue and Agenda for the Next Round of Formal Talks
The Parties agreed to hold the next round of formal talks on 26 to 29
April 2004. The foreign neutral venue, agenda and other details of
such formal talks shall be discussed and agreed upon by the
Chairpersons of the Negotiating Panels in consultation with the Royal
Norwegian Government.
Done in Oslo, Norway on 3 April 2004.
In behalf of the
In behalf of the
GOVERNMENT OF THE
NATIONAL DEMOCRATIC
REPUBLIC OF THE PHILIPPINES
FRONT OF THE PHILIPPINES
SILVESTRE H. BELLO III
LUIS G. JALANDONI
GRP Panel Chairperson
NDFP Panel Chairperson
Witnessed by:
TORE HATTREM
ROYAL NORWEGIAN GOVERNMENT
Third Party Facilitator
The GRP delegation was headed by Secretary Teresita Quintos-Deles,
Presidential Adviser on the Peace Process. Included in the delegation
are: Panel Chairman Silvestre H. Bello III, Panel Members
Undersecretary Jose Luis Martin Gascon, Atty. Rene V. Sarmiento and
Ms. Ana Theresia
Hontiveros-Baraquel; Panel Adviser Edgardo Pamintuan and Panel
Consultant Gov. Luis Chavit Singson; RWC-SER Members: Rebecca Tanada,
Atty. Sedfrey M. Candelaria and Assistant Secretary Ma. Cleofe Gettie
C. Sandoval; JMC Members Atty. Carlos P. Medina Jr., Atty. Robert L.
Larga and Atty. Edgardo B. Gayos; Executive Director and Panel
Secretariat Head Ma. Carla Munsayac-Villarta; Secretariat Staff
Coordinator for SER Oscar B. Bathan and Secretariat Staff Coordinator
for JMC Fe A. Oaing.
The NDFP delegation included Luis G. Jalandoni as chairperson of the
NDFP Negotiating Panel and Fidel V. Agcaoili, Julieta de Lima, Coni
Ledesma and Asterio Palima as members of the NDFP Negotiating Panel;
Prof. Jose Maria Sison, Chief Political Consultant, UN Ad Litem Judge
Romeo T. Capulong, Senior Legal Consultant of the NDFP Negotiating
Panel, Jose Danilo Borjal and Rey Claro Casambre, Consultants of the
Panel, Atty. Jayson Lamchek, Special Legal Consultant on the Issue of
Terrorism, Ruth de Leon, Head of the Secretariat; Atty. Marie F.
Yuvienco, Legal Consultant on Social and Economic Reforms, Rafael
Baylosis and Randall Echanis, members of the Reciprocal Working
Committee on Social and Economic Reforms and Ms. Vivian de Lima,
Economics Consultant, Lualhati Roque and Alvin Firmeza, staff and
researchers; Atty. Edre U. Olalia, Legal Consultant for the JMC, Marie
Hilao-Enriquez, Independent Observer in the JMC.
Iglesia Filipina Independiente Supreme Bishop Tomas A. Millamena
attended as Third Party Depositary and Independent Observer in the JMC.
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