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PEACE PROCESS ● Purpose of ceasefire is not the recovery or resting

Atty. Gettie Sandoval of troops, but for the affected communities to get
August 10, 2019
Group Sharing
● Peace is internal or external. Scholars define peace
as: ● Stressors:
○ Narrow definition – lack of conflict
○ Wider definition – there is justice, fairness
and equality, coming from a collection of
many thoughts and ideas from many
● Elements of conflict:
○ Incompatibility of interest – this is the
dissimilarity in thinking or understanding
of a single event or act
○ Single event or act that triggered a
○ At least 2 actors involved that have
adversarial interests

● 3 modes of addressing conflict: These stressors can be further classified into:

○ Confrontation a. internal
○ 3rd party as a judge who will adjudicate b. externa
○ 3rd party as a mediator who will facilitate
● Two main armed conflicts in the PH:
● Peace process – series of actions whose end goal is ○ CCP (Mao and Lenin)
finding a solution to conflict and reconciliation - philosophy: armed struggle against the
- It is geared to finding reconciliation, and a ruling class, by surrounding the city from
long term process the countryside, then guerilla warfare
○ It is either: towards the city.
● Confidence-building measures - it is usually done - that’s why there are no urban based NPA
through the release of prisoners to show groups.
confidence - This was exacerbated during the
declaration of martial law-- even the
● The three classifications of peace process: church sided with the NPA.
○ Peace making – temporary measures to - Militia provided armed NPA with food,
decrease violence shelter (they were ready to take up arms
■ Ex. Ceasefire, sit down, but not really part of the armed group).
reconciliation - There is a presumption that NPA will
○ Peace keeping – there is a temporary agree to whatever NDF agrees to.
group of people that makes sure that
those who agree to ceasefires keep to that ○ Bangsamoro
agreement. geared to protect civilians - aim: self determination
from harmful effects of armed conflict. - to address the injustice of displacement of
■ Ex. Geneva Convention Common the Moros. they became the minority in
Article 3, Protocol 2 Article 1 for their own ancestral land due to
civilians government’s relocation program and the
○ Peace building – happens throughout the Moro’s lack of Torrens titles over their
peace process lands.
■ Before any agreements – conflict - common religion, but different ethnicities
should not even exist in the first and beliefs.
place. They are precautionary or - a generation of pain is sought to be
preventive measures addressed by a set of documents. What is
■ After agreement – involves the role of peace process in this situation
rebuilding to address injustice?

(classifications are not chronological) ● Both conflicts carry the characteristics to the
perceived or real causes brought to the

negotiation, exacerbated by everything else R.A. 9851
happening to the country. ● Also adopted IHL defining crimes against
○ Is the government capable of addressing humanity
these issues? ○ Genocide
○ War crimes
● North Cotabato case: ○ Crimes against humanity
○ The SC said the President cannot promise ● Covers both armed conflict and non armed conflict
that there will be changes in the ● Unlike the anti torture law, can be committed by
Constitution. any persons
○ Regarding the President’s powers, the SC
said he can enter peace agreements but COMMUNIST INSURGENCY
cannot enter stipulations where the Objective: state capture - overthrow government
government will cede a portion of its 1968-1973: Guerilla warfare - establish small groups
territory. surrounding the urban city
○ The petitioners in this case were those 1973: martial law increased the members because of
who did not want to be part of the new human rights abuses
entity. - Militias
not necessarily armed
● RA 9851 IHL Law: The ones that held the NPA members
○ Understand what armed conflict means 1983: snap elections
○ Does it minimize the security stressors? - CPP boycotted snap elections
○ This law attempted to define armed 1986: EDSA revolution
conflict and its elements - Cory entered into ceasefire with CPLA (cordillera
based NPas)
● Non international armed conflict is what occurs in - Assasjnated CPLA leader by NPA comrades
the Philippines… - NPA did not like the ceasefire agreement
1998: RPLA (labor sectoral group with armedwing)
August 17, 2019: History of CPP, MILF - Takes care of assassinating military officers etc

Armed conflict - this is the event that peace agreements MUSLIM INSURGENCY
want to address 1968: MNLF formed
● International 1983: Hashim broke away with MNLF and founded MILF
● Non international
○ State vs organized armed group JABIDAH MASSACRE
○ Organized armed group vs organized P.Marcos formed group with AFP to invade Sabah
armed group Recruited 200 men trained in tawi tawi then brought to
International humanitarian law - Operation Merdeca / Jabidah
● Geneva convention III They did not know the purpose why they were being
● Common article 3 trained
● Optional protocol II They thought they were being trained to fight the
Armed conflict Some say they started complaining because:
● Political - who controls the government - They knew the purpose
● Non political - family issues / labor issues etc - Harsh training conditions
20 left Corregidor
Organized armed group Groups of 12 were asked to line up supposedly to leave by
● Leadership plane
● Territory - But they were gunned down
● Can protract war Survivor escaped swam into the river and was fished by
* some measure the intensity fishermen
- Wrote the names on the wall
Does the Geneva convention automatically applies to the Sham investigation - no one was held accountable
● Theory 1 - automatic even if not ratified I. Peace Negotiations with MNLF
● Theory 2 - not automatic. There should be a local 1996 Tripoli Agreement
law 1989 Creation of ARMM
Ex. R.A. 9851 - translated the convention 1996 Final Peace Agreement
and adopted the optional protocol II 2001 Enhanced ARMM Law
definition of armed conflict
MNLF - SUlu, Basilan, Tawi-Tawi - Negotiations are usually stopped by NDF, never by
MILF - Central Mindanao the Govt
- Marawi, an Cotabato
August 24, 2019 - CLASS SUSPENDED
Moros - Identity
- Composed of Different Ethnicities (i.e. Tagalogs August 31, 2019: Chapter 2 & 3
composed of Batangueño and Bulaceño)
- All are muslim region States are encouraged to sit down when:
1. They know they cannot win, and
II. Peace Negotiations with MILF 2. There is a crediclcrediible mechanism
1997 Start of Peace Negotiations
2008 Creating of MOA AD Intrastate conflict preferred over internal conflict
2012 Framework of Bangsamoro Agreement - Main objective of peace agreements is to stop
2014 Comprehensive Agreement on the Bangsamoro violence
2018 - RA 11054 - Bangsamoro Organic Law - Security issues involve reduction of violence

PROBLEM: Translating the peace agreements into law, Three boundaries of peace agreements
because the legislators are not the peace negotiators 1. Definition of conflict and peace
a. The parties should recognize the issue
Bangsamori Organc Law - not a sub-state unlike MOA AD 2. Time frame
- ARMM Abolished a. You cannot put a time frame on when the
arguments will end
PROBLEM: Can a peace agreement address the injustice b. Issues may crop up during the course of
done to the victims / other party the negotiation
c. Just because the agreement was signed
III. CPP-NPA-NDF Peace Negotiations way back in 2990s doesn’t mean that they
1987 Peace Negotiation Started are in any way less valid
- Big 5 of the Negotiating Table 3. Whether agreements are documented
- No talk will happen if Joma Sison is not there
Stages or classification
CAHRHIL in line of HUman Security Act 1. Pre negotiation or prepre negotiation
a. agreement to agree or meet
4 documents (only 1 signed, and that is CAHRHIL) b. may not form part of final agreement
1. Human Rights c. sometimes you have to go back here if the
2. Socio-economic Returns talks collapse to start building confidence
3. Constitutional and Political Reforms again
4. End of Hostilities and Disposition of Arms d. agenda must be agreed upon first before
meeting (this is the pre-pre nego)
CAHRHRIL versus RA 9851 - Which prevails? 2. Framework or substantive
3. Implementing
JASIG - signed to set immunities, so that they can go in and
ou of the country without fear of being arrested September 5, 2019: Chapter 5

What is CAHRHIL? Peace agreements end violent conflict by designing

- Reiterates respect for HR and IHL frameworks to accommodate competing demands.
- Enumerated principles and prohibited acts against
civilians Framework proposed by Bell: Hybrid Self-Determination,
- formulation of joint monitoring committee (but in composed of:
reality they haven’t investigated HR violations) ● State Redefinition - articulates a new relationship
between the State and the people
Confidence building before talks ○ Redefinition is reflected in constitutional
ex. releasing of prisoners; de-listing of sison as terrorist by language and in the inclusion of new
US and EU principles to guide institutional decision
TIMELINE: ● Disaggregation of Power - reconfiguration of the
1. Cory - Mendiola Massacre state’s institutional formations, in an attempt to
2. Estrada - VFA effect the redefinition.
3. GMA - delsting as terrorist ○ Examples: territorial subdivision,
4. Duterte - the only time that the govt initiated the consociational government, robust human
termination of the talks
rights machinery, and new forms of
● Dislocation of Power - blurs the concept of
○ Two devices:
■ Multi-nationalism
■ International supervision
○ Methods include: cross border
governance, devolution of all powers, dual
citizenship, postponed referenda on

September 14, 2019


1. Political Offense Doctrine - charge the people with
rebellion and not with solidary cases (murder,
torture, etc) because rebellion is bailable

September 21, 2019