KARAPATAN condemns the arrest and killing of two consultants of the National Democratic Front of the Philippines (NDFP) in a span of three weeks.
Ariel Arbitrario was reportedly tortured and killed with two others in an encounter on September 11, 2024 in Barangay Baliuag, Peñablanca, Cagayan, while Porferio Tuna was arrested in Tagum City on October 2, 2024.
Both Arbitrario and Tuna participated in the peace talks between the NDFP and the Government of the Republic of the Philippines (GRP) from 2016 to 2017.
The torture of Ariel Arbitrario and the military’s refusal to transfer his remains to his family are grave violations of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) signed by the GRP and NDFP on March 16, 1998. Part III Article 2, No. 7 of CARHRIHL proclaims the right against torture and other inhuman, cruel or degrading treatment, detention and punishment while Part IV, Article 3, No. 1 prohibits the killing and torture of hors de combat like Arbitrario, who was reportedly captured alive. Part IV, Article 3, No. 4, on the other hand, prohibits “breach of duty to tender immediately to their families the remains of those who have died in the course of the armed conflict or while under detention.
The killing of Arbitrario is the latest among the string of killings of NDFP peace consultants, following that of Concepcion “Concha” Araneta Bocala in August 2024.
Tuna’s arrest is a blatant violation of the Joint Agreement on Safety and Immunity Guarantees (JASIG) which were signed by both the GRP and NDFP in April 1995. As per the provisions of the agreement, JASIG-protected persons continue to enjoy immunity from surveillance and arrest even after the termination of the talks. The JASIG should, in fact, be currently in effect because exploratory talks are being conducted between the NDFP and the GRP, but Marcos Jr.’s military continues to flout it.
The Marcos Jr. regime’s continuing disregard for these agreements, which were forged in the long and arduous peace process between the GRP and the NDFP, puts under suspicion its sincerity and determination to push forward the agenda of a genuine, just and lasting peace for the Filipino people.