OPAPP urged to clarify policy on granting amnesty to ex-rebel group members

The Office of the Presidential Adviser on Peace Process (OPAPP) was urged to clarify the state policy on granting amnesty to former members of communist rebel groups.

Senator Panfilo Lacson raised this concern during the Senate Committee on National Defense hearing on House concurrent resolutions granting amnesty to the Moro Islamic Liberation Front (MILF), Moro National Liberation Front (MNLF), Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB), and former members of the communist terrorist group (CTG).

Lacson said that he had no concerns with the granting of amnesty to members of the rebel groups except for the CTG.

“I think sa House ata ‘yung mayroong proviso na ‘pagka proscribed na ‘yung terrorist organization, they are no longer eligible,” Lacson noted.

(I think in the House resolution there is a proviso stating that if the terrorist organization has been proscribed, they are no longer eligible.)

He cited the government's pending proscription of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) before a regional trial court (RTC) in Manila.

“So what if the RTC approves the proscription application of the government against the CPP-NPA-NDF, what happens now?” Lacson asked.

OPAPP Secretary Carlito Galvez Jr. said that amnesty was an “act of compassion” directed at those who renounced their membership to the CTG.

Consultations with the local officials and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) showed that thousands of regular NPA fighters could be accommodated by the amnesty, Galvez added.

“It is really the position of the NTF-ELCAC to really include this as one of the strategies wherein we can have massive surrenderees,” Galvez said.

Lacson asked the OPPAP whether an amnesty application will still be entertained if a group was already proscribed by the courts as a terrorist organization.

OPAPP Assistant Secretary Agripino Javier responded: “Technically, that is the provision of the proclamation. But I think, sir, with the policy of the OPAPP and the whole government, to give chance to those who really want to go back to the fold of the law.”

Javier said that they can try to harmonize the implementing rules and regulations with the presidential proclamation to provide the National Amnesty Commission (NAC) the authority to determine if former terrorists can still be accommodated for the amnesty program.

“What we are telling today, sir, is that we should not limit ourselves with the literal provision of the law, but we should give spirit to the purpose of the law that is to attract our brothers who really want to go back,” Javier said.

Galvez shared Javier’s position, citing situations in some countries, such as Columbia, where they observed that offers of amnesty harmonized with the government's peace and reconciliation effort.

He also cited a “hardcore” experience in which they held the number two man of the Abu Sayyaf Group (ASG), a proscribed terrorist organization, in custody.

He said they were able to convince 30 more ASG members to surrender after this experience, adding that there are “ripple effects” in other groups in Mindanao such as the Maute group and the Bangsamoro Islamic Freedom Fighters.

“These people are really committed to have a peaceful life but because of that proscription, they are not able to regain political and civil rights. Many of them walang kaso (have no criminal cases) but because of their organization, because of familiar affiliation and religious relationship, what we will do now? Would these people [be] coopted to make peace with the government?” Galvez asked.

Counter to state policy

One of the proposals pushed by the OPPAP was to have the NAC chaired by a legal luminary, such as a chief justice of the Supreme Court, to provide liberal interpretations on the laws granting amnesties.

Galvez said this would entice more surrenderees.

Lacson pointed out that this runs counter to the state policy not to negotiate with terrorists.

“We may have a policy issue here because there is a policy with the government that we don’t negotiate with the terrorists,” Lacson said.

He mentioned the position given by Senior State Counsel Berlin Berba from the Department of Justice, which says that amnesty cannot be granted to former members of terrorist organizations which were proscribed under the Human Security Act or the Anti-Terrorism Act.

“As I said, this is a policy issue that must be resolved at the level of the NAC, and the President for that matter. Kasi, after all, siya ang mag-grant ng (he will be granting the) amnesty,” Lacson said.

“Baka kailangan i-reconcile natin. Kasi ako, I still believe na we should not go against the state policy of not negotiating with terrorists. Ito ang dapat i-reconcile natin kasi ang legal opinion ng DOJ, di na eligible ang na-proscribe na as members of terrorist organizations,” he added.

(Maybe we need to reconcile this because I still believe na we should not go against the state policy of not negotiating with terrorists. This should be reconciled because the legal opinion of the DOJ is that the members of the proscribed terrorist organizations are no longer eligible.)

He also told the OPAPP officials that he understands their position but there should be limitations in granting amnesties.

“As much as possible we should accommodate as much as we can because after all these are all fellow Filipinos. And if they are willing to return to the fold of the law, why deny them? But there are limitations even under the presidential proclamations issued. So we must be guided by that and the state policy with regard to dealing with terrorists,” he pointed out.

Galvez said the OPAPPP would abide by the recommendation of the senator and they would consult Justice Secretary Menardo Guevarra on this matter.

Lacson assured the OPAPP that he has no problem in passing the resolutions and he will even fast-track the concurrence of the Senate on the proclamations.

At the latter part of the hearing, Interior Assistant Secretary Alex Macario said the negotiation with terrorists is not absolute and there should be exemptions.

“I would just like to clarify the term on no negotiation with the terrorists. Maybe what it wants to state is maybe this is not absolute, sir. Meaning, no negotiations will occur if there is kidnapping, negotiation for ransom,” Macario said in mixed English and Tagalog.

“What is happening on the ground is that commanders are trying to go out of the way to convince surrenderees who are terrorists. The end state is to end the hostilities and for them to come back to the fold of the law but if we will be firm with no negotiations with the terrorists, then the hostilities on the ground are non-ending, sir,” he added.

The Senate panel had recommended the creation of a committee report on the four House concurrent resolutions for plenary discussions.

For 2022 to 2024, OPPAP said around 1,500 MILF members, 5,000 MNLF members, 1,200 RPM-RPA-ABB members, and 5,000 CTG members, or a total of 12,700 applicants will be granted amnesty.

In February 2021, Duterte issued four proclamations granting amnesty to members of rebel organizations and communist groups who committed crimes punishable under the Revised Penal Code and Special Penal Laws in connection with their political beliefs. — DVM, GMA News