1989 University of the Philippines–Department of National Defense accord explained

1989 UP–DND accord
Long Name:1989 agreement of UP and DND on military and police operations in the UP system
Location Signed:Diliman, Quezon City
Date Effective:June 30, 1989
Condition Effective:Agreement took effect immediately
Date Expiration:January 15, 2021 (de facto)
Negotiators:University of the Philippines
Parties:
Depositor:Government of the Philippines
Languages:English
Wikisource:1989 University of the Philippines–Department of National Defense accord

The 1989 University of the Philippines–Department of National Defense accord (UP–DND accord) was a bilateral agreement between the Department of National Defense (DND) and the University of the Philippines (UP) that restricted military and police access and operations inside the university.[1] [2]

Background

On October 28, 1981, an agreement between then-UP student leader Sonia Soto and then-defense minister Juan Ponce Enrile, known as the Soto–Enrile accord, was signed to protect students from the presence of the military and police in any of UP's campuses.[3] [4] [5]

On June 16, 1989, Donato Continente, a staffer of The Philippine Collegian and an alleged communist, was arrested within the premises of the university for his involvement in the killing of US Army Col. James Nicholas Rowe on April 21, 1989. The Supreme Court of the Philippines later shortened Continente's jail sentence, releasing him on June 28, 2005, after being incarcerated for over 14 years.[6] [7] Continente pled not guilty of the crime and claimed that he was tortured and abducted by ununiformed authorities to admit that he took part in it.[8]

Negotiation

14 days after Continente's arrest, on June 30, 1989, UP President Jose V. Abueva and Defense Secretary Fidel V. Ramos signed the agreement, which effectively succeeded the 1981 Soto–Enrile accord. The agreement was made to ensure the academic freedom of UP's students and prevent state officials from interfering with students' protests.

Provisions

The provisions of the agreement were the following:

Termination

On January 18, 2021, Defense Secretary Delfin Lorenzana and his office announced to the public the unilateral termination of the agreement citing that the Communist Party of the Philippines (CPP) and its armed wing, New People's Army (NPA), both tagged as terrorist organizations by the Anti-Terrorism Council, have been recruiting members inside the university and called it a "hindrance in providing effective security, safety, and welfare of the students, faculty, and employees of UP." The DND notified the termination of the agreement to UP three days earlier.[9] The Armed Forces of the Philippines chairman of the joint chiefs Gilbert Gapay claimed that at least 18 students of the university recruited by the NPA have been killed so far in clashes with the military according to their records.[10]

A similar agreement between the Polytechnic University of the Philippines (PUP) and the DND that was signed in 1990 is also being advocated for termination by Duterte Youth Representative Ducielle Cardema.[11]

Reactions and responses

President Rodrigo Duterte supported the DND's decision to abrogate the agreement according to a statement by Presidential Spokesperson Harry Roque.[12] In an interview with CNN Philippines, Roque, a former UP law professor and human rights lawyer, replied to a tweet from UP professor Danilo Arao that questions his honor and excellence, by saying that he already asked the defense secretary and the UP president to settle down. When asked about his personal opinion about the decision, he said, "there's really no such thing when you are a presidential spokesperson."[13]

Vice President Leni Robredo, on the other hand, denounced the decision and said that the decision was meant to silence the critics of the administration.[14] On January 20, Senators Joel Villanueva, Sonny Angara, Nancy Binay, and Grace Poe filed a bill in the Senate to institutionalize the accord into Republic Act No. 9005, or the University of the Philippines Charter of 2008.[15] Several lawmakers from both branches of Congress have also expressed their concerns and disagreements with the DND's decision.[16]

UP President Danilo Concepcion said that the termination of the agreement was "totally unnecessary and unwarranted" and was made without consulting the UP administration.[17] UP Student Regent Renee Co, meanwhile, called the decision "one of the [government's] worst attempts at destroying the institutional safeguards that UP students have fought to put in their struggle for their democratic rights."[18]

On January 19, the UP held a rally to condemn the termination of the agreement.[19] [20] The hashtag #DefendUP was trended on Twitter with some discussion pointed to the Duterte administration, stating that "this is another way of the administration to threaten and silence activists who have opposed President Duterte's several policies, especially on supposed red-tagging activities and on the COVID-19 pandemic response."[21]

See also

Notes and References

  1. Web site: October 25, 2015 . 1989 . 1989 agreement of UP and DND on military and police operations in the UP system . January 20, 2021 . The Philippine Collegian.
  2. News: Bajo . Anna Felicia . January 19, 2021 . BACKGROUNDER: How the DND-UP agreement came about in 1989 . GMA News . January 20, 2021.
  3. News: Magsambol . Bonz . January 19, 2021 . What you need to know about the 1989 UP-DND accord . Rappler . January 20, 2021.
  4. News: Santos . Eimor . January 19, 2021 . Despite abrogation of UP-DND pact, this 1981 agreement still bars police and military from campuses, former student leaders say . CNN Philippines . January 20, 2021 . January 20, 2021 . https://web.archive.org/web/20210120043714/https://cnnphilippines.com/news/2021/1/19/UP-DND-pact-Soto-Enrile-agreement-.html . dead .
  5. Web site: January 19, 2021 . LOOK: The 1981 Soto-Enrile agreement, where then Defense Minister Juan Ponce Enrile told student groups in writing that the police would not enter campuses unless requested by school authorities, or when a crime is taking place or is about to be committed. ((CNN Philippines)). .
  6. News: Punay . Edu . June 29, 2005 . Continente free, denies killing Rowe . The Philippine Star . January 20, 2021.
  7. News: Bernardo . Jaehwa . January 19, 2021 . EXPLAINER: What is the 1989 UP-DND accord on campus access of state forces? . ABS-CBN News . January 20, 2021.
  8. News: January 19, 2021 . Why the 1989 UP-DND Accord was signed . ABS-CBN News . January 21, 2021.
  9. Web site: Concepcion . Danilo . January 19, 2021 . "Protect academic freedom"–UP President Danilo L. Concepcion responds to DND's unilateral abrogation of the UP-DND Accord . January 20, 2021 . University of the Philippines.
  10. Web site: Mangosing, F. . January 20, 2021 . 'Deadly recruitment': AFP chief says 18 UP students who joined NPA killed in clashes with soldiers . January 21, 2021 . Philippine Daily Inquirer.
  11. News: Adonis . Meg . Andrade . Jeannette . January 21, 2021 . PUP accord with DND also faces termination . Philippine Daily Inquirer . January 21, 2021.
  12. News: Jalea . Glee . January 19, 2021 . Duterte backs termination of UP-DND accord, says Malacañang . CNN Philippines . January 20, 2021 . January 19, 2021 . https://web.archive.org/web/20210119213926/https://www.cnnphilippines.com/news/2021/1/19/Roque-Duterte-backs-UP-DND-accord-abrogation-.html . dead .
  13. News: Punzalan . Jamaine . January 20, 2021 . 'Where is your honor, excellence?' Question 'unfair,' says Harry Roque in interview . ABS-CBN News . January 20, 2021.
  14. News: Yumol . David Tristan . January 19, 2021 . Robredo, lawmakers denounce termination of UP-DND pact . CNN Philippines . January 20, 2021 . January 20, 2021 . https://web.archive.org/web/20210120003921/https://cnnphilippines.com/news/2021/1/19/Lawmakers--youth-groups-denounce-termination-of-UP-DND-pact--.html . dead .
  15. News: January 20, 2021 . Senators file bill seeking to institutionalize UP-DND accord . CNN Philippines . January 20, 2021 . January 20, 2021 . https://web.archive.org/web/20210120115700/https://cnnphilippines.com/news/2021/1/20/sb2002-institutionalize-up-dnd-accord.html . dead .
  16. News: Cepeda . Mara . January 19, 2021 . 'Don't mess with UP': Lawmakers blast DND for ending pact with university . Rappler . January 20, 2021.
  17. News: Magsambol . Bonz . January 19, 2021 . UP President: Termination of UP-DND pact 'totally unnecessary, unwarranted' . Rappler . January 20, 2021.
  18. Web site: Del Rosario. Denver. 2021-01-19. ‘No ground for tyrants:’ UP community denounces DND scrapping of 1989 pact. live. 2021-10-17. INQUIRER.net. en. https://web.archive.org/web/20210119050540/https://newsinfo.inquirer.net/1385518/no-ground-for-tyrants-up-community-denounces-dnd-scrapping-of-1989-pact . January 19, 2021 .
  19. News: #DefendUP: Pagkalas ng DND sa UP accord, inalmahan TV Patrol . ABS-CBN News . January 19, 2021 . YouTube.
  20. News: #DefendUP: Pagkalas ng DND sa UP accord, inalmahan . ABS-CBN News . January 19, 2021.
  21. News: #DefendUP trends after DND scraps agreement with UP . Philippine Daily Inquirer . January 22, 2021.

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