Bu-lat-lat (boo-lat-lat) verb: to search, probe, investigate, inquire; to unearth facts Volume IV, Number 10 April 4 - 10, 2004 Quezon City, Philippines |
UN
Judge Asks Arroyo To Honor Oslo Joint Statement A
United Nations (UN) judge has warned the Macapagal-Arroyo government that unless
it release political prisoners immediately and initiate “effective measures”
to strike the CPP, NPA and Prof. Jose Maria Sison off the “terrorist” list,
its authority to continue peace talks with the leftist National Democratic Front
of the Philippines (NDFP) will be held “in serious question.” By
Bulatlat.com A
United Nations (UN) judge has warned the Macapagal-Arroyo government that unless
it release political prisoners immediately and initiate “effective measures”
to strike the CPP, NPA and Prof. Jose Maria Sison off the “terrorist” list,
its authority to continue peace talks with the leftist National Democratic Front
of the Philippines (NDFP) will be held “in serious question.” UN
ad litem Judge Romeo Capulong issued the warning in a legal opinion as
negotiators of both government and the NDFP resumed formed talks in Oslo, Norway
last March 30. At presstime today, April 2, the talks were still ongoing. But
the legal opinion issued by Capulong, UN judge at the International Crime
Tribunal for the Former Yugoslavia (ICTFY), sought to bring the GRP (for
Government of the Republic of the Philippines) panel to honor its commitment to
the Oslo Joint Statement which it signed at the
conclusion of the resumed peace talks on Feb. 14. The
joint statement requires the GRP to undertake effective measures against the
“terrorist” listing in consonance with The Hague Joint Declaration and other
bilateral agreements. It is also under obligation to immediately release 23
political prisoners based on a 2001 presidential order along with three nursing
mothers. Within
days after the signing of the Oslo Joint Statement, however, the GRP panel led
by peace adviser, Secretary Teresita Deles, and other members issued
“clarificatory” statements that government was under no obligation to ask
foreign governments, particularly the U.S., to remove the CPP, NPA and Professor
Sison from their “foreign terrorist lists” because the listing was their own
“sovereign act.” They
also insisted that “effective measures” included the cessation of offensives
by the CPP-NPA and for these armed groups to refrain from other “violent”
acts. “Absolutely
nothing” In
his legal opinion, Capulong, who also serves as Senior Legal Consultant for the
peace talks, said “There is absolutely nothing in the records of the
deliberations of the parties on the ‘terrorist’ listings that would support
or reflect the ‘clarificatory’ statement of the GRP.” Such statement, he
said, is “an ultra vires act that runs counter to what has been agreed upon
which, if given effect, will result in the non-fulfillment of the joint and
separate obligation of the parties under item 3 of the Oslo Joint Statement.” “Worse,”
the UN ad litem judge warned, “such ‘clarificatory’ statement has put the
GRP panel’s authority as well as the GRP’s integrity as a party to the peace
negotiations under the current dispensation in serious question.” Luis
Jalandoni, chair of the NDFP negotiating panel, also asked the GRP to comply
with the Oslo statement as well as other agreements that have been signed by
both parties. He also reiterated the NDFP’s call for the release of almost 300
political prisoners who have been charged with “common crimes” in violation
of the Amado V. Hernandez political offense doctrine. As
the peace talks resumed in Oslo, about 41 political prisoners all over the
country went on protest fast to press for their release. Nursing mother Zenaida
Llesis started the protest fast on March 29. Forty other political prisoners
including two other nursing mothers have gone on sympathy fast. One
of the prisoners, Donato Continente, had served his prison term two years ago
but remains held at the National Penitentiary in Muntinlupa south of Manila. He
was summarily convicted for the killing of a U.S. counter-insurgency specialist
sometime late 1980s and his release has been blocked by the U.S. Embassy. The
ongoing peace talks are facilitated by the Norwegian government represented by
foreign official Tore Hattrem. The GRP panel is headed by its chair, former
Justice Secretary Silvestre Bello III and Deles. On the NDFP panel, aside from Jalandoni, are Fidel V. Agcaoili, Julieta de Lima, Coni Ledesma and Asterio Palima. The panel is assisted by Sison, chief political consultant, three lawyers and other consultants. Bulatlat.com We want to know what you think of this article.
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