Solgen wants NDF consultants arrested, jailed again

MANILA, Philippines - The consultants of the National Democratic Front (NDF) who were given temporary liberty to participate in the peace talks in Norway should go back to jail after President Duterte terminated the negotiations with the rebels.

Solicitor General Jose Calida said the NDF consultants are now considered fugitives after their bail for provisional liberty was cancelled upon the order of the Supreme Court (SC).

In the first of the four conditions set by the SC for the temporary liberty of the NDF consultants, Calida noted their bonds were automatically cancelled after Duterte ordered the peace talks terminated.

The rebel leaders who were detained were allowed to attend the peace talks in Norway as consultants of the NDF.

The NDF is the umbrella organization representing the Communist Party of the Philippines-New People’s Army (CPP-NPA) in the peace talks with the government.

Duterte called off earlier this month the government’s unilateral ceasefire, reciprocating the move of the CPP-NPA-NDF in dropping their self-declared truce.

Duterte said the peace talks brokered by Norway will remain suspended unless there is a compelling reason to restart them that benefits the nation.

“President Duterte said that the peace negotiations are terminated, then the provisional liberty through their respective bonds automatically cancelled. And what is the effect of that? There is no more provisional liberty,” Calida said.

“Therefore they should be recommitted to the detention facilities because if they are not placed in their detention cells they are considered fugitives from justice,” he added.

Calida said even ordinary citizens could arrest the NDF consultants, as they are fugitives from justice, but said that it would now depend on the law enforcers to do the arrest.

The SC issued a resolution on Aug. 2, 2016 that granted provisional liberty to the NDF consultants who joined the peace talks.

Calida said the SC’s order should be obeyed by the NDF, citing its judicial effect.

Not properly terminated

But as far as the NDF is concerned, the peace talks were not properly terminated by a mere declaration of the President and without a written notice.

The NDF has also emphasized that the consultants should not be arrested, citing the Joint Agreement on Safety and Immunity Guarantees (JASIG) signed by the government and the rebel group on Feb. 24, 1995.

Under the JASIG, the rebel leaders who are attending peace negotiations with the government are immune from arrest.

Calida, however, said JASIG has no effect as it has already served its purpose, which means the SC order should prevail.

“The JASIG is a defunct 1995 agreement. It has served its purpose already,” he said.

Militant groups, however, pressed for the resumption of the peace talks with the rebels.

“It would be better if the government returns to the negotiating table and continue the scheduled talks that aim to address the root causes of the armed conflict. Serious peace negotiations on socio-economic, political and constitutional reforms have a better chance of ending the armed conflict than waging all-out war,” said Renato Reyes of the Bagong Alyansang Makabayan (Bayan). – With Rhodina Villanueva, Manny Galvez