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]

1989 UP–DND accord
First page of the document
SignedJune 30, 1989 (1989-06-30)
LocationDiliman, Quezon City
EffectiveJune 30, 1989
ConditionAgreement took effect immediately
ExpirationJanuary 15, 2021 (de facto)
NegotiatorsUniversity of the Philippines
Parties
DepositaryGovernment of the Philippines
LanguagesEnglish
1989 University of the Philippines–Department of National Defense accord at Wikisource

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 of it.[3][8]

Negotiation

On June 30, 1989, then-UP President Jose V. Abueva and then-Defense Secretary Fidel V. Ramos signed the agreement after 14 days of Continente's arrest, effectively succeeding the 1981 Soto–Enrile accord.[2][5] The agreement was made to ensure the academic freedom of UP's students and prevent state officials from interfering with students' protests.[8]

Provisions

The provisions of the agreement were the following:[7][1]

  • State officials that are intending to conduct an operation inside a UP campus shall give a prior notification to the UP administration except in the events of a pursuit, or any other emergency situations.
  • UP officials shall provide assistance to law enforcers within UP premises and endeavor to strengthen its own security, police, and fire-fighting capabilities without being exploited unlawfully.
  • Only uniformed authorities may enter the university if a request for assistance by the UP administration is granted.
  • State officials shall not interfere with any peaceful protest being conducted by the UP's constituents within the premises of the university. UP officials shall be deemed responsible for the actions and behavior of their constituents.
  • Search and arrest warrants for students, faculty members, and employees shall be given after a prior notification was sent to the UP administration.
  • No warrant shall be served after twenty-four hours of its service and without the presence of at least two UP officials.
  • The arrest and detention of any UP student, faculty, and employee in the Philippines shall be reported immediately by the authorities in-charge to the UP administration.

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][3] 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]

On January 19, the UP held a rally to condemn the termination of the agreement.[18][19] 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."[20]

See also

References
  1. "1989 agreement of UP and DND on military and police operations in the UP system". The Philippine Collegian. October 25, 2015 [1989]. Retrieved January 20, 2021.
  2. Bajo, Anna Felicia (January 19, 2021). "BACKGROUNDER: How the DND-UP agreement came about in 1989". GMA News. Retrieved January 20, 2021.
  3. Magsambol, Bonz (January 19, 2021). "What you need to know about the 1989 UP-DND accord". Rappler. Retrieved January 20, 2021.
  4. 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. Retrieved January 20, 2021.
  5. CNN Philippines [@cnnphilippines] (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 | @eimorpsantos" (Tweet) – via Twitter.
  6. Punay, Edu (June 29, 2005). "Continente free, denies killing Rowe". The Philippine Star. Retrieved January 20, 2021.
  7. Bernardo, Jaehwa (January 19, 2021). "EXPLAINER: What is the 1989 UP-DND accord on campus access of state forces?". ABS-CBN News. Retrieved January 20, 2021.
  8. "Why the 1989 UP-DND Accord was signed". ABS-CBN News. January 19, 2021. Retrieved January 21, 2021.
  9. Concepcion, Danilo (January 19, 2021). ""Protect academic freedom"–UP President Danilo L. Concepcion responds to DND's unilateral abrogation of the UP-DND Accord". University of the Philippines. Retrieved January 20, 2021.
  10. Mangosing, F. (January 20, 2021). "'Deadly recruitment': AFP chief says 18 UP students who joined NPA killed in clashes with soldiers". Philippine Daily Inquirer. Retrieved January 21, 2021.
  11. Adonis, Meg; Andrade, Jeannette (January 21, 2021). "PUP accord with DND also faces termination". Philippine Daily Inquirer. Retrieved January 21, 2021.
  12. Jalea, Glee (January 19, 2021). "Duterte backs termination of UP-DND accord, says Malacañang". CNN Philippines. Retrieved January 20, 2021.
  13. Punzalan, Jamaine (January 20, 2021). "'Where is your honor, excellence?' Question 'unfair,' says Harry Roque in interview". ABS-CBN News. Retrieved January 20, 2021.
  14. Yumol, David Tristan (January 19, 2021). "Robredo, lawmakers denounce termination of UP-DND pact". CNN Philippines. Retrieved January 20, 2021.
  15. "Senators file bill seeking to institutionalize UP-DND accord". CNN Philippines. January 20, 2021. Retrieved January 20, 2021.
  16. Cepeda, Mara (January 19, 2021). "'Don't mess with UP': Lawmakers blast DND for ending pact with university". Rappler. Retrieved January 20, 2021.
  17. Magsambol, Bonz (January 19, 2021). "UP President: Termination of UP-DND pact 'totally unnecessary, unwarranted'". Rappler. Retrieved January 20, 2021.
  18. "#DefendUP: Pagkalas ng DND sa UP accord, inalmahan | TV Patrol". ABS-CBN News. Retrieved January 19, 2021 – via YouTube.
  19. "#DefendUP: Pagkalas ng DND sa UP accord, inalmahan". ABS-CBN News. Retrieved January 19, 2021.
  20. "#DefendUP trends after DND scraps agreement with UP". Philippine Daily Inquirer. Retrieved January 22, 2021.
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