Supplemental guidelines for monitoring committee between PHL, NDF signed ​

January 22, 2017

The signing of supplemental guidelines for the full operation of the Joint Monitoring Committee under the human rights deal between the Philippine government and communist National Democratic Front is another step towards final peace agreement, the head of the Philippine negotiating panel said.

"I view the signing today of the supplemental guidelines, therefore, not only as affirmation of the Duterte administration's commitment to human rights protection and to IHL (International Humanitarian Law) adherence, but likewise a concrete dividend of this round of talks," said Labor Secretary Silvestre Bello III in a statement.

On Saturday,  Bello, government peace panel chair, and his counterpart with the NDF, Fidel Agcaoili, signed the guidelines for the full operation of the JMC under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) in Rome, Italy.

CARHRIHL promotes and protects human rights and adherence to international humanitarian law.

The supplemental guidelines address complaints of violations of human rights and international humanitarian law by government forces and the National People's Army, the armed wing of the NDF.

It will also guide the JMC in its task to monitor the implementation, and achieving the objectives of CARHRIHL.

According to Article 3, Part V of the CARHRIHL, the co-chairperson of the JMC shall receive complaints of violation of human rights and international humanitarian law and all pertinent information.

Based on the guidelines, "a complainant may be the victim of the alleged violation of the CARHRIHL, a relative of the victim, a duly-authorized representative, or any person, organization or entity with direct, substantial or sufficient interest in the subject of the complaint such as human rights groups, peace advocacy groups, church members, media or anyone capable of filing complaint on behalf of the victim or relative of the victim."

After some documentations and initial processes, the JMC may conduct a joint investigation or may act on "a complaint without prejudice to the right of either Party  to take appropriate action on the same or the right of the Co-Chairperson to separately initiate requests or recommendations."

The agreement also provides that "persons liable for violations and abuses of human rights shall be subject to investigation and, if evidence warrants, to prosecution and trial. The victims or their survivors shall be indemnified. All necessary measures shall be undertaken to remove the conditions for violations and abuses of human rights and to render justice to and indemnify the victims."

Bello said all alleged violations of the military submitted by the human rights group Karapatan and violations of rebel forces, such as burning buses and heavy equipment, would be addressed by the JMC.

"Hopefully, the JMC will expedite the forging of a bilateral ceasefire agreement that will address the alleged issues of government violations and provocative and prohibited acts of NPA rebels," he added.

At the same time, Bello said President Rodrigo Duterte is determined to uphold rights of political dissenters.

“The track record of President Duterte will speak for itself. He has always upheld the rights of political dissenters and respected their human rights,” Bello said. “Some may find his unconventional approach in addressing peace and order issues in the country but he has always maintained high respect for political dissent,” he added.

The signing of supplemental guidelines is the first agreement signed by both parties under the Duterte administration after it was crafted in 2004 but failed to be implemented when the peace negotiation bogged down in 2011.

The formal peace talks between the government and the NDF only resumed in August under the Duterte administration. Ella Dionisio/DMS