Muddled thinking on armed conflict and the peace talks

President Duterte and his advisers have sunk deeper into muddled thinking, to say the least, in addressing the government’s nearly 50 years of war with the Left revolutionary movement and the peace negotiations that are aimed at resolving the social, economic, and political root causes of the armed conflict.

And part of the problem are Duterte’s irascible reactions and rash steps in response to specific incidents since February last year. These led to his repeatedly cancelling the scheduled fifth round of formal peace negotiations until, through Proclamation 360, he thought of ending the GRP-NDFP peace talks altogether. But the proclamation wasn’t the agreed-on manner of terminating the talks. Didn’t his peace adviser remind him that there’s a proper procedure?

Then, in a lingering state of irritation and pique, Duterte decided to declare the Communist Party of the Philippines and the New People’s Army as “terrorist organizations.” (It’s an unwritten policy of the government not to negotiate with “terrorists.”) Again he did that through Proclamation 360, based on Section 17 of the Human Security Act of 2007 (RA 9372, an anti-terrorism law). But by itself the proclamation has no immediate legal effect.

The law requires the Department of Justice to file a “petition for proscription” before a regional trial court, which begins a civil procedure wherein the judge will hear both the petitioner’s arguments and the respondent’s (CPP-NPA) counter-arguments.  This will take some time. In the case involving the Abu Sayyaf, it took five years before the RTC branch in Mindanao ruled it was a terrorist organization.

Last Wednesday the DoJ filed the petition before a RTC branch in Manila. A Business Mirror news report says the 55-page petition highlights the “atrocities” that the CPP-NPA has committed over the years. It refers to 12 incidents in 2017, but cites only four: the ambush-slay of four policemen in Davao del Sur; the ambush of Army soldiers on relief operations for victims of typhoon “Urduja” in Northern Samar; an ambush in Tikalaan, Talakag town, Bukidnon, that killed a policeman and a four-month-old baby girl; and the attack at a NPA checkpoint in Arakan, Cotabato, on a Presidential Security Group convoy.

“These series of attacks by the NPA angered President Duterte [who] publicly tagged the group as terrorist,” says the news report. It’s not clear whether Duterte’s getting angry was mentioned in the petition. No matter. Two questions can be asked: Did any or all of these armed attacks constitute an act of terrorism as stated in the law? Does Duterte’s angry reaction constitute proof that these were terrorist acts?

Section 3 of RA 9372 lists down six public offenses, in specific provisions of the Revised Penal Code, which may become terrorist acts: piracy in general and mutiny in the high seas or in Philippine waters; rebellion or insurrection; coup d’etat; murder; kidnapping and serious illegal detention; and crimes involving destruction (under six different laws).

But before any person who commits any of the above-listed offenses (each has a corresponding penalty) can be deemed guilty of the crime of terrorism (penalty: 40 years imprisonment), the law says the act must entail “sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.”  

Did any of the four armed incidents that angered Duterte create “widespread and extraordinary fear and panic among the populace” at the time they occurred? Was there evidence showing the ambushes were done “to coerce the government to give in to an unlawful demand?”

In its petition the DoJ reportedly emphasized that the CPP and NPA were organized for the purpose of engaging in terrorism. The CPP was organized in 1968 and the NPA, in 1969. At that time there was no crime of terrorism yet. What proof does the DoJ hold? Have its prosecutors read the founding documents of the CPP or NPA and found any declaration of their intent to engage in terrorism?

More laughable is DoJ’s accusation, in its petition, that the CPP and NPA are “insincere” in talking peace with the government. (President Duterte himself makes the same accusation, claiming that the NPA kept on attacking and killing “my troops and policemen” while there was a ceasefire, when there was no ceasefire, and after he cancelled the talks.) 

Is “insincerity” in peace talks an act of terrorism? Here’s the pertinent portion of the petition:

 “From the foregoing, respondents CPP and NPA are merely buying time by deceiving the Philippine government in entering into peace talks, while their main purpose is to mobilize all their forces in preparation for the ‘people’s war’ aimed at overthrowing the duly constituted authorities, seizing control of the Philippine government and imposing a totalitarian regime.

“Thus, there is no other time to put an end to their deception… but through the filing of this petition and, consequently, by declaring respondents CPP and NPA as terrorists and outlawed organizations, associations and/or group of persons.”  

As for the GRP-NDFP peace talks, judging from his latest words, Duterte appears to have completely lost interest in them, despite his “polite” statement to the Norwegian government’s special envoy on the peace process, Idun Tvedt, that “the Philippines remains committed to achieving peace.”

Speaking to businessmen at the Manila Hotel later, he related his meeting with Ambassador Tvedt. He said: “I have to consult my military people. Why? Eh, sila yung namamatay eh, hindi naman ako (They are the ones who are dying, not me).” Claiming that the peace talks were now beyond his control, he would heed the military’s recommendation. If the latter wish to continue pursuing the war, he wouldn’t object. If the military would say, “We’ll wipe out the NPA, Mayor” he would reply, “Oh, it’s fine!” In fact, he’s offering P25,000 as bounty for every NPA member killed (“bring me his head,” he says) and P50,000 for every NPA squad leader slain.

As GRP principal in the peace talks, Duterte is abandoning his duty and obligations. And as the AFP commander-in-chief, it is he who is submissive to his generals’ wishes – to pursue war over peace, to extend martial law in Mindanao. And, yes, to double their pay and allowances in 2018.

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