Executive Order No. 3




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Executive Order No. 3, February 28, 2001 ] DEFINING POLICY AND ADMINISTRATIVE STRUCTURE FOR GOVERNMENTS COMPREHENSIVE PEACE EFFORTS WHEREAS, a primary objective of the government is the attainment of a just, comprehensive and enduring peace under the rule of law and in accordance with constitutional processes, which is the basic foundation for sustainable economic and human development and national prosperity; WHEREAS, a just comprehensive and enduring peace requires not merely the end of internal armed conflicts, but just as importantly the resolution of root causes of the armed conflicts and social unrest, transformation of Philippine society to one characterized by justice, equity, tolerance, harmonious pluralism, and full respect for human rights; WHEREAS, the nationwide public consultations of the National Unification Commission recommended a comprehensive, integrated and holistic peace process comprising “Three Principles and Six Paths to Peace” as necessary for the attainment of a just and enduring peace; WHEREAS, this comprehensive, integrated and holistic peace process was adopted as government policy under Executive Order No. 125, s. 1993, which created the Office of the Presidential Adviser on the Peace Process; WHEREAS, there is a desire to reaffirm the governments continuing commitment to this comprehensive peace process and to consolidate its gains; WHEREAS, in line with the Administrations policy to reconstruct the peace process, there is a need to strengthen and streamline processes and rationalize structures towards an effective and integrated approach to the pursuit of peace, responsive to the changing situation of conflict in the country and lessons learned from the past implementation; WHEREAS, there is a need to further enhance the contribution of civil society to the comprehensive peace process by institutionalizing the peoples participation: NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Scope. The governments policy framework for peace, including the systematic approach and the administrative structure for carrying out the comprehensive peace process, shall be governed by this Executive Order. Section 2. The Systematic Approach to Peace. The government shall continue to pursue a comprehensive, integrated and holistic approach to peace that is guided by the principles and processes laid down in this Executive Order. These shall provide the framework for the implementation, coordination, monitoring and integration of all government peace initiatives, and guide its partnership with civil society in the pursuit of a just and enduring peace. Section 3. The Three Principles of the Comprehensive Peace Process. The comprehensive peace process shall continue to be governed by the following underlying principles: a. A comprehensive peace process should be community-based, reflecting the sentiments, values and principles important to all Filipinos. Thus, it shall be defined not by the government alone, nor by the different contending groups only, but by all Filipinos as one community. b. A comprehensive peace process aims to forge a new social compact for a just, equitable, humane and pluralistic society. It seeks to establish a genuinely pluralistic society, where all individuals and groups are free to engage in peaceful competition for predominance of their political programs without fear, through the exercise of rights and liberties guaranteed by the Constitution, and where they may compete for political power through an electoral system that is free, fair and honest. c. A comprehensive peace process seeks a principled and peaceful resolution to the internal armed conflicts, with neither blame nor surrender, but with dignity for all concerned. Section 4. The Six Paths to Peace. The components of the comprehensive peace process comprise the processes known as the “Paths to Peace”. These component processes are interrelated and not mutually exclusive, and must therefore be pursued simultaneously in a coordinated and integrated fashion. They shall include, but may not be limited to, the following: a. PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL REFORMS. This component involves the vigorous implementation of various policies, reforms, programs and projects aimed at addressing the root causes of internal armed conflicts and social unrest. This may require administrative action, new legislation or even constitutional amendments. b. CONSENSUS-BUILDING AND EMPOWERMENT FOR PEACE. This component includes continuing consultations on both national and local levels to build consensus for a peace agenda and process, and the mobilization and facilitation of peoples participation in the peace process. c. PEACEFUL, NEGOTIATED SETTLEMENT WITH THE DIFFERENT REBEL GROUPS. This component involves the conduct of face-to-face negotiations to reach peaceful settlement with the different rebel groups. It also involves the effective implementation of peace agreements. d. PROGRAMS FOR RECONCILIATION, REINTEGRATION INTO MAINSTREAM SOCIETY AND REHABILITATION. This component includes programs to address the legal status and security of former rebels, as well as community-based assistance programs to address the economic, social and psychological rehabilitation needs of former rebels, demobilized combatants and civilian victims of the internal armed conflicts. e. ADDRESSING CONCERNS ARISING FROM CONTINUING ARMED HOSTILITIES. This component involves the strict implementation of laws and policy guidelines, and the institution of programs to ensure the protection of non-combatants and reduce the impact of the armed conflict on communities found in conflict areas f. BUILDING AND NURTURING A CLIMATE CONDUCIVE TO PEACE. This component includes peace advocacy and peace education programs, and the implementation of various confidence-building measures. Section 5. Administrative Structure. The administrative Structure for carrying out the comprehensive peace process shall be as follows: a. THE PRESIDENCY. The President shall exercise active and focused leadership that is essential for the effective pursuit of the comprehensive peace process. b. PRESIDENTIAL ADVISER ON THE PEACE PROCESS. The Presidential Adviser on the Peace Process (PAPP) shall be charged with the management and supervision of the comprehensive peace process. The PAPP shall be appointed by the President and shall have the rank and remuneration of a Cabinet Member. He shall have the authority to coordinate and integrate, in behalf of the president, all existing peace efforts. As such, the PAPP shall have direct supervision and control over the specific structures and programs designed for the implementations of the comprehensive peace process. He shall have the following functions and responsibilities: 1) Advise and assist the President in the management, direction and supervision of the comprehensive peace process; 2) Recommend to the President policies, programs and actions to implement the comprehensive peace process; 3) Report to the President on the progress of implementation of the comprehensive peace process; 4) Supervise the government agencies and instrumentalities, to include their program and activities, purposely created for the implementation of various components of the comprehensive peace process, such as the Government Peace Negotiating Panels and the National Program for Unification and Development; 5) Coordinate with other government agencies involved in the implementation of the comprehensive peace process, including the National Amnesty Commission and the National Anti-Poverty Commission, as well as the various departments and instrumentalities which should participate or provide support to the overall effort; 6) Conduct regular dialogues with the National Peace Forum and other peace partners to seek relevant information, comments and recommendations as well as to render appropriate and timely reports on the progress of the comprehensive peace process. 7) Perform such other functions as directed by the President. c. GOVERNMENT PEACE NEGOTIATING PANELS. There shall be established Government Peace Negotiating Panels (GPNPs) for negotiations with different rebel groups, to be composed of a Chairman and four (4) members who shall be appointed by the President as her official emissaries to conduct negotiations, dialogues, and face-to-face discussions with rebel groups. They shall report to the President, through the PAPP, on the conduct and progress of their negotiations. The GPNPs shall each be provided technical support by a Panel Secretariat under the direct control and supervision of the respective Panel Chairmen.1aшphi1 They shall be authorized to hire consultants and to organize their own Technical Committees to assist in the technical requirements for the negotiations. Upon conclusion of a final peace agreement with any of the rebel groups, the concerned GPNP shall be dissolved. Its Panel Secretariat shall be retained in the Office of the Presidential Adviser on the Peace Process (OPAPP) for the purpose of providing support for the monitoring of the implementation of the peace agreement. d. PANEL OF ADVISERS. There shall be a Panel of Advisers for each of the GPNPs, composed of representatives from the Senate, House of Representatives, members of the Cabinet and representatives of civil society and other advisers as may be designated by the President upon recommendation of the PAPP, which shall function as an advisory body to their respective GPNPs on the conduct of their negotiations. Section 6. National Program for Unification and Development Council. The National Program For Unification and Development Council (NPUDC) shall be charged with the implementation of programs for the reconciliation and reintegration into mainstream society of former rebels, through area-based projects and activities to address their economic, social and psychological rehabilitation needs. Section 7. The National Amnesty Commission. The National Amnesty Commission (NAC) shall take charge of the governments amnesty program to address the legal status and security of former combatants. The PAPP shall be in active coordination with the NAC in ensuring the appropriate response of government to the needs of former combatants. Section 8. The National Peace Forum. To crystallize the partnership between the government and civil society in the pursuit of a just and enduring peace, there shall be a National Peace Forum (NPF) which shall function as an advisory body to the PAPP. It shall be the principal forum for the PAPP to consult with and seek advise from the peace advocates, peace partners and concerned sectors of society on both national and local levels, on the implementation of the comprehensive peace process, as well as for government-civil society dialogue and consensus-building on peace agenda and initiatives. Section 9. The Office of the Presidential Adviser on the Peace Process. The Office of the Presidential Adviser on the Peace Process (OPAPP) shall provide technical and administrative support to the PAPP in the discharge of his functions for the coordination and implementation of all components of the comprehensive peace process. The secretariat of the National Peace Forum (NPF ) established under EO 115, s. 1999 shall be integrated into and function as a component unit of the OPAPP. Administrative support services for the GPNPs shall be provided by the OPAPP. Section 10. Implementing Rules and Regulations. Subject to the approval of the Office of the President, the PAPP shall promulgate the necessary implementing rules and regulations to carry out the provisions of this Executive Order. Section 11. Funding. The approved budgets of the OPAPP, the National Program for Unification and Development Council and the National Peace Forum for the current year shall be the source of funds for the implementation of the comprehensive peace process for the year 2001. Appropriations for succeeding years shall be incorporated in the budget of the OPAPP and other agencies concerned. Section 12. Repealing Clause. All Executive Orders, rules and regulations and other issuances, or parts thereof, which are inconsistent with this Executive Order are hereby repealed or modified accordingly. Section 13. Effectivity. This Executive Order shall take effect immediately. DONE in the City Of Manila, this 28th day of February, in the year of our Lord, Two Thousand One. (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines By the President: (Sgd.) RENATO S. DE VILLA Executive Secretary The Lawphil Project - Arellano Law Foundation