US embassy cable - 05MANILA3709

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 003709 
 
SIPDIS 
 
STATE FOR EAP/MTS, INR/EAP, AND S/CT 
SECDEF/OSD/ISA/AP FOR ALLEN 
 
E.O. 12958: DECL: 08/11/2015 
TAGS: PGOV, PINS, PTER, PINR, PREL, NO, NL, RP 
SUBJECT: GRP BRIEFS DIPLOMATIC CORPS ON REVOCATION OF NDF 
IMMUNITIES 
 
REF: A. MANILA 3632 
 
     B. MANILA 3350 (NOTAL) 
 
Classified By: (U) Political Officer Paul O'Friel 
for reasons 1.4(b) and (d). 
 
1.  (C) SUMMARY.  In an effort to rally international 
backing, senior officials briefed representatives of the 
Manila diplomatic corps on the GRP's decision to suspend the 
Joint Agreement on Safety and Immunity Guarantees (JASIG), 
which provided Communist peace negotiators immunity from 
arrest and criminal proceedings.  The Chair of the GRP's 
Peace Negotiations Panel, Prof. Nieves Confessor, emphasized 
the National Democratic Front (the legal negotiating arm of 
the banned Communist Party of the Philippines/New Peoples 
Army -- CPP/NPA) had to "stop dribbling" and demonstrate its 
commitment to peace for talks to resume.  In the interim, the 
GRP intends to pursue local peace initiatives, while keeping 
Norwegian government mediation channels open.  We doubt 
suspension of the JASIG will entice the NDF/CPP/NPA back to 
the negotiating table in the immediate future, but the GRP 
now has a potentially potent weapon to use against 
Netherlands-based CPP leader Jose Marie Sison, who is facing 
multiple charges in the Philippines.  END SUMMARY. 
 
2.  (U) On August 9, a panel composed of Secretary of Foreign 
Affairs Romulo, Presidential Peace Process Advisor Secretary 
Rene Sarmiento, GRP Peace Negotiating Panel with the NDF 
Chairwoman Prof. Nieves Confessor, and Human Rights 
Commissioner Purificacion Quisumbing briefed diplomatic corps 
representatives on the GRP's August 2 decision to revoke 
immunity and safe conduct privileges for 97 Communist 
negotiators (ref A).  In his opening statement, Secretary 
Romulo stressed his government's commitment to finding a 
solution to the 35-year old conflict, and said the GRP would 
continue to respect the 1998 Comprehensive Agreement on 
Respect for Human Rights and International Humanitarian Law 
(CARHRIHL). 
 
TIME TO STOP "DRIBBLING" 
------------------------ 
 
3.  (SBU) In a subsequent detailed presentation, which was 
closed to the press, Confessor emphasized the continuity of 
GRP negotiation efforts that had spanned twelve years and 
three presidencies since the start of preliminary talks in 
the Hague in 1992.  Formal negotiations had been interrupted 
13 times during that period, with the latest being the NDF's 
decision to suspend talks in August 2004 on the pretext of 
the US redesignation of the CPP and NPA as Foreign Terrorist 
Organizations.  Recent statements (ref B) by NDF Panel Chair 
Luis Jalandoni -- "There is no sense...of talking with this 
crumbling administration" -- CPP/NPA Spokesman Roger "Ka" 
Roger -- "We have ended the talks" --, and NDF Chief 
Political Consultant (and CPP head) Jose Maria Sison -- "It 
is now time for armed revolution" -- had convinced the GRP 
that the situation was at an impasse.  "Putting it mildly, 
there is no interest or reason to extend (JASIG) privileges," 
Confessor stated.  She hoped the suspension of the JASIG, 
which would take effect on September 3, 2005, would convince 
the NDF to resume talks. 
 
4.  (SBU) However, Confessor was adamant on the need for the 
NDF/CPP/NPA to undertake visible and credible steps that 
would demonstrate a genuine commitment to peace.  "It's time 
to stop dribbling the ball; we want to see outputs on the 
table," she said.  Confessor noted President Arroyo's 
decision to pursue charter change offered the NDF a real 
opportunity to engage in a debate on constitutional reform. 
"I hope they don't miss it," she stated.  Confessor said in 
the interim, the GRP would pursue local peace initiatives, 
including accelerating reforms, 
to address the insurgency on the ground, while keeping 
Norwegian government mediation channels open. 
 
5.  (C) Both Confessor and Sarmiento noted Utrecht-based Jose 
Maria Sison, with his assets frozen and his social welfare 
benefits cut off, was feeling the pinch of US and EU 
sanctions.  Speaking separately to poloff after the end of 
the briefing, Confessor said Sison had in recent contacts 
with GRP peace process officials again made lifting the 
terrorist designation a quid pro quo to resuming talks. 
However, Confessor firmly asserted the GRP, while ready to 
restart negotiations, wanted clear, quantifiable proof the 
NDF/CPP/NPA was serious about peace. 
6.  (C) In a conversation later the same day, Commodore Tirso 
Danga, the Armed Forces of the Philippines (AFP) Deputy Chief 
of Staff for Intelligence (J2), told poloff the NDF and other 
Communist front organizations are actively involved in 
efforts to destabilize President Arroyo.  In Danga's view, 
Sison had overplayed his hand in anticipating the Arroyo 
government would be replaced by a Council of 15.  Under the 
JASIG, the AFP had "taken it easy" on the CPP/NPA, he 
commented, without revealing what steps the AFP might take 
once the suspension of the JASIG went into effect (ref A). 
 
COMMENT 
------- 
 
7.  (C) While we doubt suspension of the JASIG will bring the 
Communists back to the negotiating table before September 3, 
the decision to suspend the JASIG immunities gives the GRP a 
potentially potent weapon to use against the NDF/CPP/NPA 
leadership.  Confessor indicated she hoped to confer with US 
and EU partners about potential next steps.  One possible 
move might be to seek Sison's extradition from the 
Netherlands; although the GRP would have to provide 
assurances to the Dutch that he would not face the death 
penalty on his return to the Philippines. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
JOHNSON