General Agreement for Peace between the Government of the Republic of the Philippines and the Rebolusyonaryong Alyansang Makabansa - Soldiers of the Filipino People - Young Officers' Union

Country/entity
Philippines
Rebolusyonaryong Alyansang Makabansa (SFP-YOU)
Region
Asia and Pacific
Agreement name
General Agreement for Peace between the Government of the Republic of the Philippines and the Rebolusyonaryong Alyansang Makabansa - Soldiers of the Filipino People - Young Officers' Union
Date
13/10/1995
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Philippine Insurgencies (1968 - ) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
91: Philippines: RAM process
Parties
For the Government of the Republic of the Philippines
Fortunato U. Abat, Chairman Jose Roilo Golez, Member Caridad M. Junio, Member
Jose Percival L. Adiong, Member Alfredo Filler, Member

For the Rebolusyonaryong Alyansang Makabansa/Soldiers of the Filipino People/Young Officers' Union:
Edgardo M. Abenina, Chairman Proceso L. Maligalig, Member
Billy C. Bibit, Member
Danilo B. Lim, Member
Zosimo Jesus M. Paredes Jr., Member
Third parties
Attested by:
Manuel T. Yan, Presidential Adviser on the Peace Process Andrei Bon Tagum, GRP Secretariat
Victor I. Erfe, RAM-SFP-You Secretariat
Description
Agreement between the Government of the Republic of the Philippines (First Party), The Rebolusyonaryong Alyansang Makabansa - Soldiers of the Filipino People - Young Officers'(Second Party) Union agreeing to to complete and permanent cessation of hostilities upon the signing of this Agreement. It also calls on the Second Party to turn over all weapons etc to the Government and for the reintegration of members and supporters of the Second Party. The Agreement grants amnesty to any member of the Second Party who have commited a list of offenses covered by the amnesty. The agreement lists offenses. The Tripartite Oversight Committee shall monitor and coordinate the implementation of this Peace Agreement.

Agreement document
PH_951013_General Agreement RAM_SFP_YOU.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
Substantive
Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel
...
Section 2
The disposition of all military police and civilian government personnel shall be in accordance with the following guidelines:
...
(c) The grant of benefits to those personnel wounded in action resulting in partial or permanent disability, killed in action, died in detention or under circumstances in pursuit of political objectives prior to 23 December 1992 shall be considered for humanitarian purposes.

Page 5, Article VI Livelihood, Material and Technical Assistance
Acknowledging the need to fully effect national reconciliation, the reintegration into the mainstream of society and the economic and psycho-social rehabilitation of members and supporters of the Second Party, the First Party undertakes to extend such available livelihood support, material and technical assistance to the amnestied members and supporters of the Second Party under organizational or individual grants through the National Program for Unification and Development and such other government livelihood programs.
Elderly/age
No specific mention.
Migrant workers
Substantive
Page 7, Annex A: Talking Points
(5) Actualization of social justice programs to positively address poverty, unemployment and criminality
... • Provide incentives and protection to overseas workers
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
Page 3, Article IV Amnesty, Section 2
... the amnesty shall not cover crimes against chastity and other crimes committed for personal ends.
Men and boys
Gender neutral wording
Page 3, Article IV Amnesty, Section 2
Offenses covered by the amnesty shall refer to acts or omissions performed within the period of 22 February 1986 to the date of the signing of this Agreement by members and supporters of the Second Party as part of its plan, program of action, strategy or mission directed to overthrow and replace the duly-constituted authorities, with or without the use of arms, whether punishable under the Revised Penal Code, special laws, and/or Articles of War such as, but not limited to [...] 96 (conduct unbecoming an officer and a gentleman) ....
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Nature of state (general)
Page 1, Untitled Preamble, para 3
Whereas, the establishment of a genuine pluralistic society where all individuals and groups are free to engage in peaceful competition for the attainment of their political goals is a commitment to which all Filipinos must aspire;

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
Page 6, Annex A: Talking Points
(1) Electoral reforms to ensure clean, honest, orderly and free elections
• Institute additional safeguards and controls
• Adopt structural reforms in the electoral process
• Guarantee the absolute neutrality of the AFP, PNP, and other government instrumentalities
• All election results shall be announced only by COMELEC
• Speedy resolution of all electoral results
Electoral commission
Page 6, Annex A: Talking Points
(1) Electoral reforms to ensure clean, honest, orderly and free elections
• Institute additional safeguards and controls
• Adopt structural reforms in the electoral process
• Guarantee the absolute neutrality of the AFP, PNP, and other government instrumentalities
• All election results shall be announced only by COMELEC
• Speedy resolution of all electoral results
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Untitled Preamble, para 1
Whereas, both Parties uphold the supremacy of the Constitution, the Rule of the Law and the preservation of democratic processes and institutions;


Page 2, Article 1 Cessation of Hostilities, Section 2
In upholding the supremacy of the Constitution and the rule of the law, the Second Party commits itself to peaceful democratic processes in the attainment of its political goals, renounces violence and resort to arms against the First Party and shall not propose or conspire to undertake activities inimical and injurious to the security and stability of the State.

Page 7, Annex A: Talking Points
(5) Actualization of social justice programs to positively address poverty, unemployment and criminality
...• More vigorous implementation of human rights programs
Equality
No specific mention.
Democracy
Page 1, Untitled Preamble, para 1
Whereas, both Parties uphold the supremacy of the Constitution, the Rule of the Law and the preservation of democratic processes and institutions;

Page 2, Article 1 Cessation of Hostilities, Section 2
In upholding the supremacy of the Constitution and the rule of the law, the Second Party commits itself to peaceful democratic processes in the attainment of its political goals, renounces violence and resort to arms against the First Party and shall not propose or conspire to undertake activities inimical and injurious to the security and stability of the State.
Protection measures
Protection of groups
Page 7, Annex A: Talking Points
(5) Actualization of social justice programs to positively address poverty, unemployment and criminality
... • Provide incentives and protection to overseas workers
Human rights framework
Isolated rights
Page 2, Article 1 Cessation of Hostilities, Section 1
There shall be a complete and permanent cessation of hostilities between both Parties upon the signing of this Agreement and both Parties shall continue to strengthen their mutual respect, cordial relations and firm commitment in order to bring the peace process to its successful and satisfactory conclusion. Cessation of hostilities shall cover not only armed activities and conflicts but such other acts considered as hostile, including, but not limited to, surveillance, special operations, unlawful arrests and seizures, and any exercise of police authority which is violative of civil and political rights or recruitment, agitation, propaganda, and any illegal act or activity which may destabilize the State or which is in contravention of the letter and spirit of this Agreement.

Page 7, Annex A: Talking Points
(5) Actualization of social justice programs to positively address poverty, unemployment and criminality
•The poor should be the primary beneficiaries of social programs
•Overhaul of the educational system to allow poor Filipinos quality education
•Improvement of labor’s share in the fruits of development
•Provide incentives and protection to overseas workers
•Improve health services
•Restructuring of the criminal justice system and the PNP
•More vigorous implementation of human rights program
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
Criminal Justice System reform
Page 7, Annex A: Talking Points
(5) Actualization of social justice programs to positively address poverty, unemployment and criminality
...• Restructuring of the criminal justice system and the PNP
State of emergency provisions
No specific mention.
Judiciary and courts
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 7, Annex A: Talking Points
(3) Implementation of nationalist economic development policies and programs
• Nationalist economic programs based on indigenous industries
• Educational redirection to make the people accept locally produced merchandise
• Critical review of debt-service policy
• Review policy on foreign investor's access to local credit
• Increase credit available to agriculture
• Environmental concerns to be integrated in industrial programs
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
Ceasefire provision
Page 2, Article 1 Cessation of Hostilities, Section 1
There shall be a complete and permanent cessation of hostilities between both Parties upon the signing of this Agreement and both Parties shall continue to strengthen their mutual respect, cordial relations and firm commitment in order to bring the peace process to its successful and satisfactory conclusion. Cessation of hostilities shall cover not only armed activities and conflicts but such other acts considered as hostile, including, but not limited to, surveillance, special operations, unlawful arrests and seizures, and any exercise of police authority which is violative of civil and political rights or recruitment, agitation, propaganda, and any illegal act or activity which may destabilize the State or which is in contravention of the letter and spirit of this Agreement.
Police
Page 2, Article 1 Cessation of Hostilities, Section 1
There shall be a complete and permanent cessation of hostilities between both Parties upon the signing of this Agreement and both Parties shall continue to strengthen their mutual respect, cordial relations and firm commitment in order to bring the peace process to its successful and satisfactory conclusion. Cessation of hostilities shall cover not only armed activities and conflicts but such other acts considered as hostile, including, but not limited to, surveillance, special operations, unlawful arrests and seizures, and any exercise of police authority which is violative of civil and political rights or recruitment, agitation, propaganda, and any illegal act or activity which may destabilize the State or which is in contravention of the letter and spirit of this Agreement.

Page 5, Article V Disposition of the Military, Police and Civilian Government Personnel, Section 3
...(c) Department of National Defense, Department of Interior and Local Government, Armed Forces of the Philippines and Philippine National Police - to desist from prosecuting court martial cases against the members and supporters of the Second Party for offenses covered by this Agreement and to delete their names in the order of battle and rewards list by reason of their involvement in the above-stated offenses and ensure compliance by all its instrumentalities on all personnel actions previously agreed upon by both Parties; and,

Page 5, Article V Disposition of the Military, Police and Civilian Government Personnel, Section 4
Nothing in this Article shall be interpreted to preclude availment of relief through other legal means.
Armed forces
Page 5, Article V Disposition of the Military, Police and Civilian Government Personnel, Section 3
... (c) Department of National Defense, Department of Interior and Local Government, Armed Forces of the Philippines and Philippine National Police - to desist from prosecuting court martial cases against the members and supporters of the Second Party for offenses covered by this Agreement and to delete their names in the order of battle and rewards list by reason of their involvement in the above-stated offenses and ensure compliance by all its instrumentalities on all personnel actions previously agreed upon by both Parties; and,


Page 7, Annex A: Talking Points
(4) Address national defense and security concerns and attune these with the country and people's fundamental requirements and aspirations
• Review, redirection and restructuring of national defense, concepts, policies, doctrines and organizations •Restructuring and reorganization of the AFP
•Professionalization of the military
• Reactivation and revitalization of programs on benefits for veterans and dependants
DDR
DDR programmes
Page 3, Article III Disposition of Weapons and other Material, Section 1
The second Party shall, within ninety (90) days from the signing of this Agreement, turn over to the First Party all weapons, armaments, munitions, equipment and other material, except those which its members and supporters are lawfully allowed to possess.

Page 3, Article III Disposition of Weapons and other Material, Section 2
An Ad Hoc Committee on Weapons and Material Disposition shall be created consisting of three representatives from each Party. This Committee shall supervise the inventory, accounting, and turn-over of all weapons and other materiel mentioned above.

Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel
Section 1
The disposition, i.e. retention, reinstatement, reintegration or re-entry into, retirement, or separation from the service, of military, police and civilian government personnel, who are members and supporters of the Second Party and granted amnesty shall be reviewed by an Ad Hoc Committee on Personnel Disposition of three (3) designees each from both Parties.

Within ninety (90) days from the signing of this Agreement, the Committee shall review all individual cases of members and supporters of the Second Party subject of personnel action and shall recommend their disposition to the Negotiating Panels. All recommendations to be submitted shall state the reasons and/or bases for such recommendations. The Negotiating Panel of the First Party shall then submit a report and recommendation to the President in accordance with Executive order No. 125, Series of 1993.

Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel Section 2
The disposition of all military police and civilian government personnel shall be in accordance with the following guidelines:

(a) All personnel who remained under military control and granted amnesty shall be restored to their status immediately prior to the date of commission of the offense subject of amnesty and evaluated in accordance with pertinent laws, rules, and regulations thereon.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
Page 2, Article II National Reforms, Section 1
Recognizing the need for national reforms to address the root causes of armed conflicts, the First Party, with the participation of the Second Party through the Tripartite Oversight Committee referred to in Section 1, Article VII of this Agreement, commits to implement within the bounds of legal processes, mutually agreed reforms in the areas of Electoral Reforms, Good Government, Nationalist Economic Development, Social Justice, and National Defense and Security.
Amnesty/pardon
Amnesty/pardon proper
Page 3, Article IV Amnesty, Section 1
As a result of this Agreement, the members and supporters of the Second Party whose names appear in the list to be submitted by the Second Party to the First Party shall be granted a general and unconditional amnesty for all offenses committed in pursuit of their political beliefs upon issuance by the President of the Republic of the Philippines of an Amnesty Proclamation which shall take effect upon the concurrence by the Congress of the Republic of the Philippines.

Page 3, Article IV Amnesty, Section 2
Offenses covered by the amnesty shall refer to acts or omissions performed within the period of 22 February 1986 to the date of the signing of this Agreement by members and supporters of the Second Party as part of its plan, program of action, strategy or mission directed to overthrow and replace the duly-constituted authorities, with or without the use of arms, whether punishable under the Revised Penal Code, special laws, and/or Articles of War such as, but not limited to rebellion or insurrection, coup d’état, conspiracy and proposal to commit rebellion or rebellion, or coup d’état; disloyalty of public officers or employees; inciting to rebellion or insurrection, or coup d’état; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance to disobedience to a person in authority or the of such person; tumults and other disturbances of public order; unlawful use of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunitions, explosives, committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; piracy; infidelity in custody of prisoner; and violations of Articles 59 (desertion), 62 (absence without leave), 67 (mutiny or sedition), 68 (failure to suppress mutiny or sedition), 74 (releasing prisoner without proper authority), 84 (wilful or negligent loss, damage or wrongful disposition of military property), 85 (wasteful or unlawful disposition of military property issued to soldiers), 94 (various crimes), 96 (conduct unbecoming an officer and a gentleman), and 97 (genera! article) of the Articles of War; provided that, the amnesty shall not cover crimes against chastity and other crimes committed for personal ends.

Page 3, Article IV Amnesty, Section 3
Any member or supporter of the Second Party who has or might have committed the offenses enumerated in the preceding section and whose name may have been inadvertently omitted from the aforesaid list referred to in Section 1 of this Article may apply individually for amnesty as may be provided.

Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel
Section 2
The disposition of all military police and civilian government personnel shall be in accordance with the following guidelines:

(a) All personnel who remained under military control and granted amnesty shall be restored to their status immediately prior to the date of commission of the offense subject of amnesty and evaluated in accordance with pertinent laws, rules, and regulations thereon.
(b) All personnel removed from the service and subsequently granted amnesty for the offenses which were the basis for removal from the service shall file individual manifestations stating therein the circumstances surrounding their particular case and the requested course of action for evaluation by the Ad Hoc Committee on Personnel Disposition.
(c) The grant of benefits to those personnel wounded in action resulting in partial or permanent disability, killed in action, died in detention or under circumstances in pursuit of political objectives prior to 23 December 1992 shall be considered for humanitarian purposes.
(d) Personnel whose cases are not covered in the foregoing guidelines shall be subject to individual review as provided for in Section 1 of this Article.
(e) In no case shall the offense for which the member of the Second Party has been granted amnesty be considered against his professional interest.

Page 4, Article V Disposition of the Military, Police and Civilian Government Personnel, Section 3
Upon the signing of this Agreement and until sixty (60) days from the concurrence of Congress to the Amnesty Proclamation, the Negotiating Panel of the First Party shall make representations to the following Government departments and Agencies for the purpose indicated:
(a) Department of Justice - to desist from prosecuting the case against members and supporters of the Second Party for offenses covered by this Agreement and not to oppose any motion for the suspension of the proceedings in such cases;
(b) Bureau of Immigration - to lift all orders prohibiting the entry to or departure from the country issued against members and supporters of the Second Party covered by this Agreement by reason of their involvement in the offenses contemplated in this Agreement other than those issued by courts of competent jurisdiction;
(c) Department of National Defense, Department of Interior and Local Government, Armed Forces of the Philippines and Philippine National Police - to desist from prosecuting court martial cases against the members and supporters of the Second Party for offenses covered by this Agreement and to delete their names in the order of battle and rewards list by reason of their involvement in the above-stated offenses and ensure compliance by all its instrumentalities on all personnel actions previously agreed upon by both Parties; and,
(d) All government agencies issuing clearances for legal purposes - to issue pertinent clearances to those include in the mutually agreed list and who have no pending case before any court of competent jurisdiction other than those covered under Section 2, Article IV of this Agreement.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
Page 5, Article VI Livelihood, Material and Technical Assistance

Acknowledging the need to fully effect national reconciliation, the reintegration into the mainstream of society and the economic and psycho-social rehabilitation of members and supporters of the Second Party, the First Party undertakes to extend such available livelihood support, material and technical assistance to the amnestied members and supporters of the Second Party under organizational or individual grants through the National Program for Unification and Development and such other government livelihood programs.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 5, Article VII Implementation
Section 1
The Tripartite Oversight Committee under the Office of the Presidential Adviser on the Peace Process created on 26 September 1995 shall monitor, coordinate, and provide appropriate support to the implementation of this Agreement, other agreements and joint resolutions executed by both Parties.

The University of Edinburgh