CPP On Indonesia & Turkey Events

ndf at antenna.nl ndf at antenna.nl
Tue Aug 13 01:14:02 MDT 1996


NDFP ASSERTS STATUS OF BELLIGERENCY
AND ANNOUNCES ITS DECLARATION OF UNDERTAKING
TO APPLY THE GENEVA CONVENTIONS AND PROTOCOL I

Statement of Luis Jalandoni, NDFP Chief International
Representative
August 5, 1996


I have the honor to announce that the National Democratic
Front of the Philippines (NDFP) has made its Declaration of
Undertaking to Apply the Geneva Conventions of 1949 and
Protocol I of 1977 additional thereto.

This declaration dated July 5, 1996 has been done in
accordance with Article I, paragraph 4 and Article 96,
paragraph 3 of Protocol I. In this regard, the NDFP asserts
that the organized political forces and people it represents
exercise the peopleUs right of self-determination in their
revolutionary armed struggle for national liberation and
democracy.

The declaration is duly addressed to and deposited with the
Federal Council of the Swiss Government as official
depositary. The council has received the declaration.

The declaration, upon receipt by the Swiss Federal Council,
has the following three effects:

1.   The Geneva Conventions and Protocol I are immediately
brought into force for the NDFP as a Party to the armed
conflict in the Philippines.

2.   The NDFP assumes the same rights and obligations as those
which have been assumed by a High Contracting Party to the
Geneva Conventions and Protocol I.

3.   The Geneva Conventions and Protocol I are equally binding
upon all the Parties to the conflict, including the Government
of the Republic of the Philippines (GRP) and the NDFP.

In making the Declaration of Undertaking to Apply the Geneva
Conventions and Protocol I, the NDFP in good faith avails of
international humanitarian law to protect the civilian
population and combatants hors de combat.

Following the procedure and taking effect under international
law, the declaration also involves and underscores the
international recognition of the status of belligerency of the
NDFP, including the revolutionary people and forces it
represents.

The declaration expresses the following points which are
crucial in the international recognition of the status of
belligerency:

1.   The revolutionary people and the sixteen organized
political forces represented by the NDFP constitute a significant
portion of the Philippine population and have their own system of
government built under the Guide for Establishing the PeopleUs
Democratic Government.

2.   The organized revolutionary forces, especially the New
PeopleUs Army (NPA), occupy a significant portion of Philippine
territory. The NPA has a centralized system of command and is on
a nationwide scale. It is under the political leadership of the
Communist Party of the Philippines.

3.   The armed conflict, which is a civil war, has been
protracted and of such intensity and seriousness as to involve
the GRPUs brutal use of regular military forces in the name of
national defense and in military campaigns of suppression
victimizing millions of people from 1969 to the present and the
imposition of martial rule from 1972 to 1986, 10,000 documented
cases of human rights violations in the litigation against the
Marcos estate in the US, the infliction by the Armed Forces of
the Philippines of thousands of casualties on the NPA and other
suspected revolutionaries and the infliction by the NPA of tens
of thousands of casualties on the AFP, police and paramilitary
forces of the enemy since 1969.

4.   The declaration itself commits the revolutionary forces to
the observance of the laws of war, from the level of adherence to
Protocol II in 1991 to the level of the Geneva Conventions and
Protocol I.

Under international law and on behalf of the NDFP, I hereby call
upon the Government of the Republic of the Philippines, including
all its branches and agencies, to respect and take fully into
account the NDFP Declaration of Undertaking to Apply the Geneva
Conventions and Protocol I in the course of the civil war as well
as in the course of the GRP-NDFP peace negotiations.

The NDFP does not recognize the constitution and criminal law
imposed by the GRP on the revolutionary people and forces.
Neither does the GRP recognize the constitution and laws of the
peopleUs democratic government represented by NDFP.

Thus, it is necessary for the two parties in the civil war to
apply the principles of human rights and international
humanitarian law with the available instruments of international
law in order to protect the civilian population and the
combatants hors de combat. The combatants captured from either
side must also be assured of their rights as prisoners of war and
may become the subject of negotiations for the exchange of
prisoners of war.

The GRP and the NDFP are equally bound by the Geneva Conventions
and Protocol I. They assume rights and obligations in the eyes of
the international community of states and peoples.

The NDFP has gained legal and moral ascendance over the GRP by
being the first to declare adherence to Protocol I of 1977 and by
compelling the GRP to be bound by the same protocol by virtue of
the NDFP Declaration of Undertaking to Apply the Geneva
Conventions and Protocol I.

On behalf of the NDFP, I hereby announce that the NDFP
International Office based in Utrecht, The Netherlands, is ready
to receive from any government or from any other entity in the
international community communications and questions pertaining
to the observance of human rights and international humanitarian
law in the Philippines.

Attached hereto is the NDFP Declaration of Undertaking to Apply
the Geneva Conventions of 1949 and Protocol I of 1977 Additional
Thereto, including the List of Annexes. It is signed by the
following: Mariano Orosa, Chairman, NDFP National Council; Elias
Dipasupil, NDFP General Secretary; Luis Jalandoni, NDFP Chief
International Representative; Fidel Agcaoili, Chairman, NDFP
Reciprocal Working Committee on Human Rights and International
Humanitarian Law; and Armando Liwanag, Chairman of the CPP
Central Committee & Military Commission of the CPP Central
Committee.


Luis G. Jalandoni
Member, NDFP National Council & Executive Committee
NDFP Chief International Representative
& Chairman, NDFP Negotiating Panel


For authentication, please call the NDF International Office, 31-
30-2310431.


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