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1989 University of the Philippines–Department of National Defense accord
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Security and rights agreement
January 2021
January 2021
1989 UP–DND accord 1989 agreement of UP and DND on military and police operations in the UP system 1989_UP–DND_accord_first_page.jpg 200px First page of the document 1989 06 30 Diliman, Quezon City June 30, 1989 Agreement took effect immediately January 15, 2021 (de facto) University of the Philippines
Department of National Defense
University of the Philippines Government of the Philippines English 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.October 25, 2015 1989 1989 agreement of UP and DND on military and police operations in the UP system https://issuu.com/philippinecollegian/docs/1989-agreement-of-up-and-dnd-on-mil January 20, 2021 The Philippine CollegianBajo Anna Felicia January 19, 2021 BACKGROUNDER: How the DND-UP agreement came about in 1989 GMA News https://www.gmanetwork.com/news/news/nation/772322/how-the-dnd-up-agreement-came-in-1989/story/ January 20, 2021
Background
On June 16, 1989, Donato Continente, a staffer of The Philippine Collegian, 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. Media reports at the time had labeled Continente as the actual murderer rather than an accomplice in the murder, and tagged him as an alleged communist rebel.https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/52058 GR 100801-02 August 25, 2000 People of the Philippines, Plaintiff-appellee, vs. Donato B. Continente and Juanito T. Itaas, John Doe, Peter Doe, James Doe, Paul Doe and Several Other Does (at Large), Accused, Donato B. Continente and Juanito T. Itaas, Accused-appellants 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.Punay Edu June 29, 2005 Continente free, denies killing Rowe The Philippine Star https://www.philstar.com/headlines/2005/06/29/284008/continente-free-denies-killing-rowe January 20, 2021Bernardo Jaehwa January 19, 2021 EXPLAINER: What is the 1989 UP-DND accord on campus access of state forces? ABS-CBN News https://www.abs-cbn.com/spotlight/01/19/21/explainer-what-is-the-1989-up-dnd-accord-on-campus-access-of-state-forces January 20, 2021 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.January 19, 2021 Why the 1989 UP-DND Accord was signed ABS-CBN News https://www.abs-cbn.com/video/spotlight/01/19/21/why-the-1989-up-dnd-accord-was-signed January 21, 2021
Because of the incident, an agreement between then-UP student leader Sonia Soto and then-defense minister Juan Ponce Enrile, known as the Soto–Enrile accord, was signed on October 28, 1981 to protect students from the presence of the military and police in any of UP's campuses.Magsambol Bonz January 19, 2021 What you need to know about the 1989 UP-DND accord Rappler https://www.rappler.com/newsbreak/iq/things-to-know-1989-up-dnd-accord/ January 20, 2021Santos 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 https://cnnphilippines.com/news/2021/1/19/UP-DND-pact-Soto-Enrile-agreement-.html 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 January 19, 2021 https://twitter.com/cnnphilippines/status/1351468269790658560 ((CNN Philippines)) Tweet 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
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:
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.Concepcion Danilo January 19, 2021 "Protect academic freedom"–UP President Danilo L. Concepcion responds to DND's unilateral abrogation of the UP-DND Accord https://www.up.edu.ph/protect-academic-freedom-up-president-danilo-l-concepcion-responds-to-dnds-unilateral-abrogation-of-the-up-dnd-accord/ January 20, 2021 University of the Philippines 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.Mangosing, F. January 20, 2021 'Deadly recruitment': AFP chief says 18 UP students who joined NPA killed in clashes with soldiers https://newsinfo.inquirer.net/1386345/deadly-recruitment-afp-chief-says-18-up-students-who-joined-npa-killed-in-clashes-with-soldiers January 21, 2021 Philippine Daily Inquirer
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.Adonis Meg Andrade Jeannette January 21, 2021 PUP accord with DND also faces termination Philippine Daily Inquirer https://newsinfo.inquirer.net/1386348/pup-accord-with-dnd-also-faces-termination January 21, 2021
Reactions and responses
President Rodrigo Duterte supported the DND's decision to abrogate the agreement according to a statement by Presidential Spokesperson Harry Roque.Jalea Glee January 19, 2021 Duterte backs termination of UP-DND accord, says Malacañang CNN Philippines https://www.cnnphilippines.com/news/2021/1/19/Roque-Duterte-backs-UP-DND-accord-abrogation-.html 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 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."Punzalan Jamaine January 20, 2021 'Where is your honor, excellence?' Question 'unfair,' says Harry Roque in interview ABS-CBN News https://www.abs-cbn.com/news/01/20/21/where-is-your-honor-excellence-question-unfair-says-harry-roque-in-interview January 20, 2021
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.Yumol David Tristan January 19, 2021 Robredo, lawmakers denounce termination of UP-DND pact CNN Philippines https://cnnphilippines.com/news/2021/1/19/Lawmakers--youth-groups-denounce-termination-of-UP-DND-pact--.html 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 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.January 20, 2021 Senators file bill seeking to institutionalize UP-DND accord CNN Philippines https://cnnphilippines.com/news/2021/1/20/sb2002-institutionalize-up-dnd-accord.html 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 Several lawmakers from both branches of Congress have also expressed their concerns and disagreements with the DND's decision.Cepeda Mara January 19, 2021 'Don't mess with UP': Lawmakers blast DND for ending pact with university Rappler https://www.rappler.com/philippines/lawmakers-statements-duterte-government-ending-up-dnd-accord/ January 20, 2021
UP President Danilo Concepcion said that the termination of the agreement was "totally unnecessary and unwarranted" and was made without consulting the UP administration.Magsambol Bonz January 19, 2021 UP President: Termination of UP-DND pact 'totally unnecessary, unwarranted' Rappler https://www.rappler.com/philippines/up-president-danilo-concepcion-statement-duterte-government-ending-accord/ January 20, 2021 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."Del Rosario Denver 2021-01-19 ‘No ground for tyrants:’ UP community denounces DND scrapping of 1989 pact https://newsinfo.inquirer.net/1385518/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
On January 19, the UP held a rally to condemn the termination of the agreement.#DefendUP: Pagkalas ng DND sa UP accord, inalmahan TV Patrol ABS-CBN News https://www.youtube.com/watch?v=o4KnvdAkaoc January 19, 2021 YouTube#DefendUP: Pagkalas ng DND sa UP accord, inalmahan ABS-CBN News https://www.abs-cbn.com/news/01/19/21/defendup-pagkalas-ng-dnd-sa-up-accord-inalmahan January 19, 2021 The hashtag #DefendUP trended on Twitter with some discussion focusing on 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."#DefendUP trends after DND scraps agreement with UP Philippine Daily Inquirer https://newsinfo.inquirer.net/1385244/defendup-trends-after-dnd-scraps-agreement-with-up January 22, 2021
See also
University of the Philippines Diliman Police
References
Category:Agreements
Category:Department of National Defense (Philippines)
Category:University of the Philippines
Category:Military history of the Philippines
Category:Law enforcement in the Philippines
Category:Treaties entered into force in 1989