Philippine president Duterte ends ceasefire with Maoist rebels

Philippine President Rodrigo Duterte said that he now considers the Communist Party of the Philippines (CPC) , New People's Army (NPA), and National Democratic Front (NDF) as terrorist groups rather than rebels.

The CPC , a Maoist communist party, was formed almost a half century ago in 1968. It is banned and its leader Jose Sison lives in exile in the Netherlands. It has its own website on which it announced the cessation of its unilateral ceasefire:

The August 28, 2016 unilateral declaration of interim ceasefire issued by the Central Committee of the CPP (CPP-CC) and the National Operations Command of the New People’s Army (NPA-NOC) is hereby terminated. The Negotiating Panel of the Government of the Republic of the Philippines (GRP) shall be given notice today of this termination by the Negotiating Panel of the National Democratic Front (NDFP).With this declaration and notice, the August 28 unilateral ceasefire shall effectively expire on 11:59 p.m. of February 10.

The New People's Army(NPA) is the armed wing of the CPP and has been carrying out an armed struggle against the government for going on half a century now. It controls territory in some rural areas mostly in the main northern island of Luzon but also a few areas in the large southern island of Mindanao. The CPP also has a number of legal political front organizations with the NDF being their umbrella organization. On their website, the group claimed to be waiting for formal notice from the government of termination of peace negotiations. The group noted that all 17 NDFP consultants who had been released from jail were back in the Philippines and not in hiding as apparently some reports said.

Last summer there had been meetings between the government and rebels sponsored by Norway that had been a major breakthrough with both sides declaring a ceasefire. Al Jazeera reported:The Philippine government and Maoist rebels have signed an indefinite ceasefire deal to facilitate peace talks aimed at ending one of Asia's longest-running insurgencies. "This is a historic and unprecedented event ... [but] there is still a lot of work to be done ahead," President Rodrigo Duterte's peace adviser Jesus Dureza said at Friday's signing ceremony in Norway, which is mediating the talks.

Duterte had shown some sympathy to the rebel cause and had made it a priority to negotiate a peace deal with them that would stop the long costly struggle with the group. In turn, the Maoists threw their support behind Duterte's drug war: "The Communist Party of the Philippines (CPP) said in a statement on Saturday that it had authorized its in-house militia, the New People's Army (NPA), to "disarm and arrest" drug lords, local news site GMA News reports."

Now this has cooperation is all ended and it is back to constant low level warfare it would seem. After he announced he was suspending peace talks. Duterte said: "From now on I will consider the CPP-NPA-NDF a terrorist group." He told the negotiators he had released to attend peace talks to return home and go back to prison. They are apparently already back in the Philippines but it appears they are not back in prison as yet. They are out on bail and feel they should not be arrested at least until the term of the bail runs out. Duterte also announced the end of the government's unilateral ceasefire.

The breakdown in the talks is the result of a number of clashes in recent weeks. The leadership of the rebels is not always able to control the actions of every local commander. Government commanders as well have varying attitudes to the struggle some no doubt not favoring a ceasefire. Recently three soldiers were killed in an ambush near Cagayan de Oro on the southern island of Mindanao. President Duterte was visiting the area to attend their funeral. Duterte awarded the three soldiers medals and provided financial support for their families. Duterte also said that the Geneva Convention did not apply to the NPA since they are criminals. Wikipedia reports that from the inception of the rebellion in 1969 until 2008 there were more than 43,000 insurgency related deaths.

Philippine Government and Maoist rebels reach ceasefire agreement

The Philippine government and communist rebels of the New Peoples' Army (NPA) have agreed to an indefinite ceasefire at peace talks in Oslo hosted by Norway.

The conflict between the government and the Maoist NPA has lasted almost half a century and at least 40,000 people have been killed. Wikipedia describes the NPA as follows:

 The New People's Army (NPA) (Filipino: Bagong Hukbong Bayan) is the armed wing of the Communist Party of the Philippines (CPP). It was formed and founded by Bernabe Buscayno A.K.A. "Commander Dante" on March 29, 1969. The Maoist NPA conducts its armed guerrilla struggle based on the strategical line of protracted "people's war"... The Philippine Army estimated the NPA's strength at 60,000 fighters at the end of 2015.The NPA is in rural areas in many parts of the Philippines.

The government of President Rodrigo Duterte hopes a peace agreement can be reached within a year of the talks. Duterte had promised as part of his successful presidential campaign to try reach a peace agreement with the NPA. This is the first formal meeting between the two sides in five years. There have been peace talks for about thirty years now.

The Norwegian foreign minister Boerge Brende, who hosted the ceremony announcing the ceasefire said he hoped that the two sides could forge an agreement similar to that between Colombia and the Marxist FARC rebels that has also been ongoing for over half a century. Norway has been instrumental in trying forge peace deals in Colombia and the Philippines.

The Philippine government has reaffirmed its commitment to an open-ended ceasefire that started on August 21 as the NPA agreed to match it. The exiled founder of the outlawed Communist Party of the Philippines, Jose Sison, who lives in the Netherlands said: "There is a clear plan to accelerate the peace negotiations". The rebels are demanding radical reforms such as the redistribution of land to poor farmers, and the nationalization of industries. The National Democratic Front (NDF) the political wing of the Philippine Communist Party has agreed to meet in Oslo again on October 8.

President Duterte had released a number of jailed NPA commanders on bail to attend the talks. Both sides urged the president to grant an amnesty to all insurgents. At present, there are about 530 guerrillas in Philippine jails. The Philippine Congress would also need to approve the amnesty. Duterte has campaigned to end the clashes not just with the communist NPA but also with the main Muslim militant groups. He says that the long conflicts have hampered Philippine economic development. Reuters sets the number of NPA fighters at just 3,000 much lower than the Philippine Army figure. At its peak in the 1980's the NPA was thought to have had around 30,000 fighters. Al Jazeera gives a present figure of just around 4,000

Jesus Dureza spokesperson for President Duterte said: "This is a historic and unprecedented event ... [but] there is still a lot of work to be done ahead." An agreement to indefinite ceasefires has never been reached before. The two sides also agreed that they would speed up the peace process by coming to substantial agreement on economic and social reforms within six months according to a statement by the Norwegian foreign ministry. This agreement would be followed by agreement on political and constitutional reforms and then a final agreement to end armed conflict would be signed.

President Duterte hailed the progress in Norway saying: "We are in a better position [to talk peace] now. There is a window. We are not fighting the Communists. They have declared a truce. In return, I also ordered a ceasefire." An agreement was renewed that allows immunity for members of the National Democratic Front (NDF) so that they can participate in negotiations without fear of arrest. In 2002 the US listed both the NPA and Communist Party of the Philippines as terrorist organizations. However they are no longer listed as such in the Philippines making negotiations less difficult.

Although a supporter and admirer of dictator Ferdinand Marcos who was staunchly anti-communist, Duterte has had relatively positive relations with the NPA. He has at times described himself as a socialist. He has even sketched out the possibility of a coalition government with the rebels. He was a university student of Jose Sison now 77, who founded the Communist Party of the Philippines. The communists have supported Duterte in his controversial campaign against drug dealers and users. Duterte wants peace with both communist and Muslim rebels as a way to help end poverty in the Philippines and foster economic development.

Philippine president releases communist rebels prior to Norway peace talks

Philippine president Rodrigo Duterte came to power not only on a promise to wage a war against drug trafficking but also to negotiate an end to five decades of conflict with the Maoist New Peoples Army (NPA) that has killed more than 40,000.

The NPA has been operating in the Philippines since 1969, as described by Wikipedia: "The New People's Army (NPA) (Filipino: " Bagong Hukbong Bayan) is the armed wing of the Communist Party of the Philippines (CPP). It was formed and founded by Bernabe Buscayno A.K.A. "Commander Dante" on March 29, 1969. " The Philippine Army estimates that at the end of 2015 it had about 60,000 fighters. They are spread throughout rural areas of the Philippines. The U.S. State Department designates the NPA as a Foreign Terrorist Organization and it is also branded as a terrorist organization by EU Common Foreign and Security Policy. However, the Philippine government delisted the NPA as a terrorist group in 2011 making negotiations somewhat easier.

The Philippines has let 12 NPA leaders out of jail on bail just a few days before new talks are to start in Norway. National Police chief Ronald dela Rosa said the temporary release of the leaders was the result of president Duterte's peace offer. The talks with the government had been stalled in 2012 over the refusal of the government to free the leaders who have been in jail for decades. The chief said the peace offer was one of the most positive developments in years.

Renato Reyes, secretary-general of the leftist Bayan or Nation group that is allied with the communists said that the releases were a good sign and had raised hopes that the talks, set to begin in Norway on August 22, would begin on a positive note. Among those released on bail were Tirso Alcantara one of the highest ranking guerrilla leaders who was wounded in a firefight with Philippine soldiers five years ago. However, top leaders Benito Tiamzon and his wife Wilma remain in prison. Activists have been demonstrating outside the national police office demanding the release of them as other senior guerrilla leaders. Human rights advocates claim that the government is holding more than 500 rebels in detention, including Muslim rebel leaders.

Another report claims that 17 guerrilla leaders were released on bail to attend the peace talks. They all vowed to return home to the Philippines rather than flee after the talks. Apparently, Benito Tamzon and his wife have also been released and he said: "We will return home after the peace talks in Oslo. We were released from jail to take part in the peace talks and we are serious about it. The negotiations in Oslo are only one part of the process and there are other talks happening in other venues."

Security forces worry that rebel leaders would stay overseas or see them as a pretext to rebuild their army and consolidate their ranks. In 1987, the leader and founder of the Philippine Communist Party, Jose Sison, after nine years of detention went to the Netherlands. He sought asylum and has lived in Utrecht for the last 30 years.

Tamzon praised Duterte saying: "This is the first and only time we have a president determined to push genuine reforms." He said that he had better prospects to end the long conflict than earlier attempts. He said that the two sides hope to negotiate a ceasefire when the talks begin on August 22. The two will also discuss political, economic, and constitutional reforms as well. Another five leaders that are still in detention hope to join the other 17 traveling to Oslo for the talks.

Terrorism Law, the New McCarthyism

This law will have all sorts of repercussions. It is already creating difficulty for negotiations between the New People's Army the Communist Party of the Philippines and the Philippine government. The type of ridiculous outcomes of the law are obvious in the case of Retired Philippine General Raymundo Marque. He had visited the US several times but on one visit he was apprehended with his wife (who had actually come to the US for medical treatment) and eventually flown back to the Philippines. His crime was that he had associated with the New People's Army and even helped in negotiations for a peace agreement. Never mind he is a retired general in the Philippine armed forces or a business consultant for the Philippine National OIl company or that he had visited the US previously, he is on the list of people associated with terrorism.


Peninsula Peace and Justice Center


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- Terrorism Law, the New McCarthyism


Stephen Rohde
The LA Daily Journal

Today, the US Supreme Court will hear oral argument in the first encounter with the free speech and association rights of American citizens in the context of terrorism since the 9/11 attacks, and in the first test of the constitutionality of a provision of the USA Patriot Act.



The "Material Support" law takes a sweeping approach to its ban on aid to terrorist groups, prohibiting the provision of cash, weapons and the like, as well as four more ambiguous categories - "training," "personnel," "expert advice or assistance" and "service." Opponents of the law say that when it comes to providing lawful legal advice or training in nonviolence, the law is nothing more than "guilt by association," reminiscent of the witch hunts of McCarthyism.

These are no paranoid fears. "Congress wants these organizations to be radioactive," Douglas N. Letter, a Justice Department lawyer, said in a 2007 appeals court argument in the case, referring to the dozens of groups that have been designated as foreign terrorist organizations by the State Department. Letter admitted that it would be a crime for a lawyer to file a friend-of-the-court brief on behalf of a designated organization or "to be assisting terrorist organizations in making presentations to the U.N., to television, [or] to a newspaper."

The Humanitarian Law Project, a nonprofit group that has a long history of mediating international conflicts and promoting human rights, brought the case in 1998. Two years earlier, passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) had made it a crime to provide "material support" to groups the State Department had designated as "foreign terrorist organizations." The definition of material support included "training" and "personnel." Later versions of the law, including amendments in the USA Patriot Act, added "expert advice or assistance" and "service."

In 2007, the Ninth US Circuit Court of Appeals ruled that the bans on training, service and certain types of expert advice were unconstitutionally vague, but upheld the bans on personnel and expert advice derived from scientific or technical knowledge. Both sides appealed to the Supreme Court, which agreed to hear the consolidated cases in October. The cases are Holder v. Humanitarian Law Project, No. 08-1498, and Humanitarian Law Project v. Holder, No. 09-89.

David D. Cole, a lawyer with the Center for Constitutional Rights, which represents the challengers, is arguing that the case concerns speech protected by the First Amendment "promoting lawful, nonviolent activities," including "human rights advocacy and peacemaking."

A number of victims of McCarthy-era persecution filed a friend-of-the-court brief urging the Supreme Court to remember the lessons of history.

"I signed the brief," said Chandler Davis, an emeritus professor of mathematics at the University of Toronto, "because I can testify to the way in which the dubious repression of dissent disrupted lives and disrupted political discourse." Professor Davis refused to cooperate with the House Un-American Activities Committee in 1954, and was dismissed from his position at the University of Michigan. Unable to find work in the United States, he moved to Canada. In 1991, the University of Michigan established an annual lecture series on academic freedom in honor of Professor Davis and others it had mistreated in the McCarthy era.

The material support law authorizes the secretary of state to designate "foreign terrorist organizations," and makes it a crime to provide certain statutorily defined "material support" for even the nonviolent and humanitarian activities of such groups. Similar to the Smith Act and federal executive orders in the 1940s and '50s, the law grants the executive branch unreviewable discretion to designate groups as "terrorist" and creates vague bans on providing "expert advice or assistance," "training," "service" or "personnel" to designated groups. It threatens, once again unconstitutionally, to interfere with the rights of free speech and association.

The AEDPA's vague ban on "assistance" and "advice" is essentially no different from the McCarthy-era attempt to root out association with and advocacy for groups unpopular with the government. Starting in the 1930s, and through the 1960s, Congress and the executive branch identified organizations - the Communist Party and groups with ties to the Communist Party - as using illegal means, including terrorism, with the aim of overthrowing the US government by force and violence. The Smith Act and the Subversive Activities Control Act made it a crime to associate with these designated groups or to speak in support of these groups. These were crimes regardless of whether or not that speech or association supported or furthered the groups' unlawful activities.

Our society now recognizes that the McCarthy era was a shameful episode in American history, characterized by widespread abuses of executive and legislative power, fueled by demagoguery and overzealous government action, ultimately encompassing "loyalty" investigations of over four million American citizens. See, e.g., Ellen Schrecker, "Many Are the Crimes: McCarthyism in America" (1998), at x (the McCarthy era is "the most widespread and longest lasting period of political repression in American history.").

While few individuals were ultimately prosecuted under the McCarthy-era laws, thousands were persecuted. Among the latter, larger group were Amici and their relatives, none of whom intended to or actually did engage in violence against this country. Nonetheless, they were investigated, libeled, terminated from and unable to secure employment, blacklisted, prosecuted and imprisoned. One of the key lessons from this era is that when the federal government fans the flames of public passion by enacting overreaching criminal statutes, staging Congressional hearings and investigating the loyalty of millions of American citizens, it implicitly condones and sanctions retributions against individuals, such as Amici. Eventually, our society and this court understood that these consequences were unacceptable. We should not make these mistakes again.

It is against this background that this court issued the decisions that are the controlling law that governs this case. In a series of landmark First Amendment decisions, this court struck down these statutes, restored freedom of speech and halted guilt by association. This court concluded that the Congressional and executive branch excesses were unconstitutional. The court held that punishing speech without showing incitement to crime and punishing association without showing specific intent to further illegal ends penalizes innocents and chills the political freedoms at the very core of our democracy.

These principles are equally applicable today, where the federal government (once again) has designated certain organizations as proscribed and purports to make it a crime to speak for or otherwise associate with such organizations. Now, when, once again, our safety and security have been threatened, this court should reaffirm the rights to free speech and association.

Stephen Rohde, a constitutional lawyer, was co-counsel with Arnold & Porter on the amicus brief filed by victims of McCarthyism in Humanitarian Law Project v. Holder.

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