CPP On Indonesia & Turkey Events

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


NDFP DECLARATION OF UNDERTAKING
TO APPLY THE GENEVA CONVENTIONS OF 1949
AND PROTOCOL I  OF 1977



In accordance with Article 96, paragraph 3 of Protocol I, we, the
National Democratic Front of the Philippines, hereby address
ourselves to the Federal Council of the Swiss Government as
official depositary of the Geneva Conventions of 1949 and the
1977 Protocol I additional thereto.

We are the political authority representing the Filipino people
and organized political forces that are waging an armed
revolutionary struggle for national liberation  and democracy, in
the exercise of the right of self-determination within the
purview of Article 1, paragraph 4, of Protocol I against the
persistent factors and elements of colonial domination and
against national oppression, including chauvinism and racism,
victimizing the entire Filipino nation and particular minorities
in the Philippines.

Our revolutionary armed struggle is the continuation of the
Philippine Revolution of 1896 against Spanish colonialism and
subsequently against US imperialism. We are waging a people's war
for national liberation and democracy against the semicolonial
and semifeudal ruling system. The Government of the Republic of
the Philippines (GRP), our current adversary in the armed
conflict, continues to suppress the sovereign will of the
Filipino people in order to perpetuate the interests of the
foreign and domestic oppressors and exploiters, despite the US
grant of nominal independence to the Philippines on July 4, 1946.

The persistent foreign domination and national oppression are
carried out through the GRP as a puppet government in the service
of the United States government, which controls and uses it by
means of US strategic planning, command, personnel (including
military advisors, trainors, intelligence and psychological
warfare personnel and basic personnel for rapid deployment
forces), supplies, extraterritorial access to the entire
Philippines and other forms of US military intervention and
extraterritorial privileges and by means of unequal treaties and
agreements perpetuating in essence the factors of US colonial
domination over the Philippine economy, politics, security and
culture.

Since the beginning of the civil war, the GRP has in one
essential respect maintained the character of the armed conflict
as an internationalized internal conflict through subservience to
US domination and GRP dependence on US military and other forms
of intervention and assistance in the armed conflict. The civil
war between the GRP and the NDFP involves the struggle for
self-determination and the people's war for national liberation
and comes within the purview of Article I, paragraph 4 of
Protocol I and within the international customary law pertaining
to armed conflicts.

The abovementioned revolutionary forces of the Filipino people
are the following:

a. All the fourteen allied revolutionary organizations in the
NDFP, which include those of workers, peasants, youth, women,
national minorities,  teachers, health workers, church people,
scientists and technologists and artists and writers and which
are the consolidation  of the revolutionary mass base running
into millions of people in rural and urban areas.

b. The organs of political power constituted under the Guide for
Establishing the People's Democratic Government as the basic law
and established in a significant portion of territory in the
Philippines, including scores of guerrilla fronts.

c. The Communist Party of the Philippines (CPP) as the ruling
party in said organs of political power and the leading party in
the National Democratic Front of the Philippines (NDFP) as the
united front of democratic forces, and

d. The New People's Army (NPA), which consists of thousands of
full-time troops and is augmented by tens of thousands of men and
women in the people's militia and self-defense units,  is under
an effective and responsible command as main armed force of the
aforesaid organs of political power, the CPP and the NDFP and
exercises such control over a significant portion of territory in
the Philippines as to be able to carry out sustained and
concerted military operations and to implement the Geneva
Conventions of 1949 and the Protocols of 1977 additional thereto.

For your further information on the abovementioned forces, we
attach hereto the following:

Annex A-1 - Program of the National Democratic Front of the
Philippines
Annex A-2 - Constitution of the National Democratic Front of the
Philippines
Annex A-3 - List of Revolutionary Allied Organizations of the
NDFP
Annex B - Guide for Establishing the People's Democratic
Government
 Annex C - Basic Rules of the New People's Army

All the abovementioned revolutionary forces have been engaged in
a civil war for a protracted period of time since March 29, 1969
against the Government of the Republic of the Philippines (GRP),
a High Contracting Party to the Geneva Conventions and Protocol
II.  The great intensity of the civil war has been made manifest
by the GRP's brutal use of the regular forces of the Armed Forces
of the Philippines (AFP), the imposition of  martial rule on the
people from 1972 to 1986, the great magnitude of US military
involvement in the form of military funds, materiel and
personnel, and the continuing brutal campaigns of suppression
under a policy of total war against the aforesaid revolutionary
people and forces.

The International Committee of the Red Cross, the Amnesty
International, the International Commission of Jurists and other
respected international human rights organizations have
extensively documented since the 1970s the gross human rights
violations perpetrated by the military, police and paramilitary
forces of the GRP and involving the forced displacement of
millions of people, ethnocide against minorities, indiscriminate
bombardments and strafing, massacres, assassinations, summary
executions, torture, illegal detention of tens of thousands of
people and wanton destruction of property and the people's
livelihood. In the human rights class suit against the Marcos
estate in the US Federal District Court in Hawaii, there is the
documentation of at least 10,000 victims of torture, murder and
involuntary disappearance.

The consistent pattern of gross and systematic violation of the
Filipino people's civil, political, economic, social and cultural
human rights is tantamount to a denial of their sovereign right
to freely determine and realize their just aspirations.  On
behalf of the United States as neocolonial power and the local
exploiting classes of big compradors and landlords, the GRP has
used all forms of deception and violence in order to suppress the
people and the forces that aspire for national liberation and
democracy.

In the course of the civil war, the enemy has inflicted tens of
thousands of casualties, both killed and wounded, on the civilian
population and a few thousands on the troops of the NPA.  In
revolutionary resistance, the revolutionary people and forces
herein represented by the NDFP have inflicted tens of thousands
of casualties on the enemy side since 1969.  The dimensions of
the war are great enough to include currently more than sixty
(60) battle fronts in the length and breadth of the Philippines.

The people and forces represented by the NDFP have withstood the
brutal military campaigns of suppression carried out by the enemy
and have gained strength in the process.  They have gained the
status of belligerency by virtue of their just revolutionary
armed struggle and hard work in building the organs of political
power.

The aforesaid people and forces have established and developed  a
political organization that has sufficient governmental
character.  This political organization has sufficient control
over a substantial area, population and resources in the
Philippine archipelago. If said political organization were left
to itself, it has the capability of reasonably and effectively
discharging the duties of a state. In fact, it has established
organs of political power which comprise the people's democratic
government and which administers the people's civil, political,
social, economic and cultural life in significant portions of
fourteen (14) regions, more than 500 municipalities and more than
60 provinces of the Philippines.


It has deployed the New People's Army in accordance with the
civilized rules of warfare and has informed and trained it
accordingly.  Even before this declaration, it has complied with
the rules of war under international law.  It has consciously
followed international humanitarian law, like Common Article 3 of
the Geneva Conventions and Protocol II.  It has declared
accession to Protocol II since 15 August 1991 (cf.:  Annex E) and
is now resolved to assume in good faith  rights and
responsibilities under the Geneva Conventions and Protocol I. The
instruments of international humanitarian law must apply on the
armed conflict between the GRP and the NDFP for the protection of
the civilian population and combatants hors de combat because the
NDFP has proven itself as a belligerent force and does not accept
as applicable to itself the GRP constitution and laws inasmuch as
the GRP does not accept as applicable to itself the constitution
and laws of the revolutionary movement.

In their ongoing peace negotiations, the GRP and NDFP have
acknowledged by mutual agreement since 25 June 1996 that the
prolonged armed conflict in the Philippines necessitates the
application of the principles of human rights and the principles
of international humanitarian law.   Said negotiations formally
started on 26 June 1995 in Brussels, Belgium with the Royal
Government of Belgium as official host and resumed on 19 June
1996 in The Hague, Netherlands, with the Royal Government of the
Netherlands as official host.  (Cf.: Annex F, consisting of the
five joint agreements of the GRP and NDFP that have led to their
ongoing formal peace negotiations.)

Being a party to the armed conflict, civil war or war of national
liberation and authorized by the revolutionary people and forces
to represent them in diplomatic and other international relations
and in the ongoing peace negotiations with the GRP, we the
National Democratic Front of the Philippines hereby solemnly
declare in good faith to undertake to apply the Geneva
Conventions and Protocol I  to the armed conflict in accordance
with Article 96, paragraph 3 in relation to Article 1, paragraph
4 of Protocol I.

The NDFP is rightfully and dutifully cognizant that this
declaration, upon receipt by the Federal Council of the Swiss
Government, shall have in relation to the armed conflict with the
GRP the following effects:

the Geneva Conventions and Protocol I are brought into force for
the NDFP as a Party to the conflict with immediate effect; 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; and the Geneva Conventions and this
Protocol are equally binding upon all Parties to the conflict.

By virtue of this unilateral declaration of the NDFP, duly
deposited with the Swiss Federal Council, the GRP is bound as
before by the Geneva Conventions and henceforth by Protocol I in
accordance with Article 96, paragraph 3(c) of Protocol I.

With the NDFP invoking and exercising the people's right of
self-determination, both the GRP and the NDFP are likewise bound
by international customary law pertaining to humanitarian
principles,  norms and rules in armed conflicts.

The NDFP undertakes to respect the provisions of the four Geneva
Conventions of 1949 and Protocol I of 1977, regarding the conduct
of hostilities and the protection of the civilian population and
the combatants hors de combat in the armed conflict with the GRP
and to regard its obligations under the aforesaid instruments of
international humanitarian law as having the force of law among
its forces and in the areas under its control.

The NDFP and the forces it herein represents accept the principle
of command responsibility for the system of discipline to ensure
respect for the rules of international humanitarian law and
punish those who break them.

The NDFP regards as legitimate targets of military attacks the
units, personnel and facilities belonging to the following:

a. The Armed Forces of the Philippines
b. The Philippine National Police
c. The paramilitary forces; and
d. The intelligence personnel of the foregoing.

Civil servants of the GRP are not subject to military attack,
unless in specific cases they belong to any of the four
abovestated categories.

The NDFP will treat any captured personnel of the military,
police and paramilitary forces of the GRP as prisoners of war and
demands that the GRP likewise treat as prisoners of war any
captured personnel  of the NPA and other forces represented
herein by the NDFP.

The NDFP forthwith disseminates this declaration and the rules of
the Geneva Conventions and Protocol I to its forces and asks for
the assistance of the ICRC with regards to suitable materials.
The NDFP will welcome any offer of services from the ICRC.

The NDFP calls upon all High Contracting Parties to the Geneva
Conventions and Protocol I to ensure that the GRP and NDFP
respect their obligations.


The NDFP hereby requests the Federal Council of the Swiss
Government to circulate copies of this declaration to all parties
to the Geneva Conventions and the Protocols additional thereto
and to all organizations interested in the respect of human
rights and international humanitarian law.

Any entity interested in taking up any matter pertinent to the
aforesaid effects may communicate with the NDFP International
Office at Amsterdamsestraatweg 50, 3513 AG Utrecht, or Postbus
19195, 3501 DD Utrecht, The Netherlands and other offices as may
be designated by the NDFP in the Philippines and abroad.

This declaration is forthwith transmitted to the Federal Council
of the Swiss Government as official depositary of the Geneva
Conventions and the Protocols additional thereto and likewise to
the International Committee of the Red Cross as official guardian
thereof.

Done on 05 July in the year 1996.

For the National Democratic Front of the Philippines:

_____________________
(Sgd.:)  Mariano Orosa
Chairman
NDFP National Council

_____________________
(Sgd.:)  Elias Dipasupil
General Secretary
NDFP National Council

____________________
(Sgd.:)  Luis G. Jalandoni
NDFP Chief International Representative

____________________
(Sgd.:)  Fidel V. Agcaoili
Committee on Human Rights
and International Humanitarian Law


For the Communist Party of the Philippines,
New People's Army and Organs of Political Power:

___________________
(Sgd.:)  Armando Liwanag
Chairman, CPP Central Committee
Chairman, CPP Military Commission


Contact through: NDFP International Office
P.O. Box 19195, 3501 DD Utrecht
The Netherlands
Tel (31 30) 2310431
Fax (31 30) 2322989
email: ndf at antenna.nl



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