Monthly Archives: May 2017

Martyrs against racism in Donald Trump’s America: What happened in Portland was shocking, but not surprising – Salon

Posted: May 30, 2017 at 3:02 pm

Ricky Best, Taliesin Namkai-Meche and Micah Fletcher are heroes. These three men acted selflessly and without concern for their own safety as they came to the aid of two women one Muslim and the other African-American who were being verbally assaulted and threatened by a white supremacist in Portland, Oregon, last Friday.

Jeremy Joseph Christian was a known white supremacist and a public menace. He attended public events while armed with weapons. He would walk the streets and attend political rallies and marches wherehe yelled racial slurs and pledged his loyalty to Adolf Hitler and the Nazis. What he did last Saturday was wholly predictable.

Christian allegedlyslit the throats of Best and Namkai-Mecheand thenstabbed Fletcher. Best and Namkai-Meche are dead; Fletcher remains hospitalized with serious injuries. The two young women were able to escape unharmed.

These two heroic men are not the only people to have been killed by white supremacists during the first few months of Donald Trumps regime.

About two weeks ago, a 23-year-old African-American college student was stabbed to death on the University of Maryland campus by a white supremacist. Richard Collins III refused Sean Urbanskis order to Step left, step left if you know whats good for you. Urbanski then channeled the white supremacist logic of Jim and Jane Crow and the black codes, allegedly killing Collins for refusing an order from a white man.

In March a white supremacist traveled from Baltimore to New York. His intent? To kill black men. To baptize his hatred with blood. He was successful. James Jackson walked up to Timothy Caughman, a black man he did not know and then plunged a sword through his chest.

These murders are part of a larger trend. There has been a record increase in hate crimes and other violence against Muslims, nonwhites, Jews and immigrants that began with Donald Trumps presidential campaign in 2016 and continues through to the present. The Anti Defamation League has documented how right-wing domestic terrorists almost all of them white and Christian have killed hundreds of Americans since 2007. The number of white supremacist and similar hate groups continues to grow in the United States, largely inspired by Donald Trumps political message.

After much pressure, President Trump finally offered a comment about the killings of Ricky Best and Taliesin Namkai-Meche. Of course, he did not mention that Christian apparently is a white supremacist. Likewise, Trump has been mute on the killing of Richard Collins III in Maryland. As I observed in a previous essay, Trumps relative silence about violence by white supremacists and their ilk against people of color, Jews and Muslimsis expected and should not be surprising. Trumps political brand is one of white racism, nativism, bigotry, misogyny and a naked embrace of white identity politics and itsHerrenvolk Make America great again dream of treating black and brown people (and women) like second-class citizens in their own country. Why would Trump risk alienating his most reliable and enthusiastic supporters?

As Mother Jones detailed in a recent profile of Matt Heimbach a white supremacist who assaulted a black woman at a Trump campaign rally in Louisville, Kentucky people like Christian and Urbanski are simply following the signals sent to them by the president:

Heimbach exemplifies and has ridden the wave of white-extremist radicalization since Barack Obamas election in 2008. . . . Heimbach rallied behind Trumps candidacy, and started wearing a red Make America Great Again ball cap everywhere. The footage of him shoving Nwanguma in Louisville was emblematic of how Trumps nativist dog whistle was pulling extremist sentiment into the mainstream. . . .

Even if the odds that Heimbachs lawsuit will succeed are infinitesimal, the case is a revealing indication of the far rightssymbiotic relationship with Trump. White nationalists, apparently, really do believe the president has been nudging them to commit violence, or at least promising to tolerate it if they do. When in February sources inside the White Housetold reportersthat Trump planned to no longer target white supremacists as part of the governments anti-terrorism efforts, the editor of the neo-Nazi siteDaily Stormercheered, Yes, this is real life . . . .Donald Trump is setting us free. Others wereheartened by Trumps silencein the wake of the murder of six people at a mosque in Quebec Cityby a white nationalist that same month. The rioters in Berkeley, California,last weekend some wearing MAGA hats seem to have heard the same music that Heimbach did last March.

Donald Trumps relative silence is even more deafening and obvious given the fact thattwo of the recent murder victims were affiliated with theU.S. military. Richard Collins III, killed in Maryland, was a newly commissioned second lieutenant in the U.S. Army. Ricky Best, killed in Portland, had served in the Army for 23 years, much of that time as a platoon sergeant. It would seem that loyalty to white supremacy has a greater pull for Donald Trump than the faux patriotism and flag-waving that Republicans and conservatives are usually so quick toadopt.

It takes no great leap of imagination to envision the paranoia, panic, bloodlust and mouth-frothing rage that President Trump, the right-wing media and Republicans en masse would now be channeling if a Muslim attacker had slit the throats of white Christian Americans anywhere in the homeland. It would be a depicted as a national emergency of the first order and a justification for God only knows what kind of draconian crackdown.

Many Americans are shocked by the recent acts of racist violence in Portland and Maryland. That shock is perhaps understandable, but we should not be surprised. The country that twice elected a black man to the presidency is also the same nationthat was founded on the centuries-long enslavement, rape and murder of African-Americans as well as genocidal violence against First Nations people. These sins are part of Americas national character; they are burned into our civic and cultural DNA. America also elected a plutocratic authoritarian racist as president, in the form of Donald Trump. He reflects the values held by many tens of millions of white Americans.

And one cannot overlook the long history of murderous violence by white supremacists in the United States. Some examples:

Donald Trump has been president for approximately four months. For American democracy to survive his reign there will need to bemore heroes, more people like Ricky Best, Taliesin Namkai-Meche and Micah Fletcher who will do the right thing even at great personal cost because their morality and personal honor demand nothing less. Those men are two martyrs and one wounded warrior in a history of resistance to Donald Trumps America that has yet to be written. Their names will not be forgotten.

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Martyrs against racism in Donald Trump's America: What happened in Portland was shocking, but not surprising - Salon

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Struggling Pittsburgh Athletic Association files for bankruptcy – Pittsburgh Post-Gazette

Posted: at 3:01 pm


Pittsburgh Post-Gazette
Struggling Pittsburgh Athletic Association files for bankruptcy
Pittsburgh Post-Gazette
The iconic Pittsburgh Athletic Association in Oakland, formed 109 years ago as a meeting place for Pittsburgh's business and cultural elite, has filed for Chapter 11 bankruptcy protection. A filing Tuesday morning, in U.S. Bankruptcy Court for the ...

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City turns to insurers to help stave off bankruptcy – Insurance Business America

Posted: at 3:01 pm

Hartford, Connecticut, is on the brink of bankruptcy and is in a scramble to keep its balance sheets in the black as it turns to negotiations with workers unions and scrimping on spending.

Yahoo News reports that the city is currently seeking $40 million in state funding to help mitigate the deficit in next years roughly $600 million budget. However, the financial support comes with caveats, such as spending cuts and collaborating with local workers unions to cut costs.

The state of Connecticut itself is facing a $5 billion deficit over the next two years, Yahoo also reported.

According to the report, the supplementary fund from the state will be key to maximizing a $50 million donation from the citys three major employersinsurers Aetna, Travelers and The Hartford.

Mayor Luke Bronin, who took office in 2016, said that the donation from the insurers is conditional on it being a part of a comprehensive, sustainable solution for the city.

The city has had to depend on short term borrowing to cover payroll and operating costs and has sought proposals from law firms that specialize in municipal bankruptcy law, the report added.

Related stories: State senators issue warning to insurance commissioner Pusey to step down as AIA leader

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Novation Companies Bankruptcy Objections Filed – Bankrupt Company News (press release) (blog)

Posted: at 3:01 pm

Deutsche Bank National Trust Company and Bank of New York Mellon Trust Company filed with the U.S. Bankruptcy Court separate objections to Novation Companies Second Amended Joint Chapter 11 Plan of Reorganization.

Deutsche Bank National Trust Company asserts, Without providing any factual or legal justification, the Debtors Plan improperly and unfairly establishes a separate class for the claims of only a few creditors, including the Trustees claims, and proposes to treat them drastically worse than other similarly situated general unsecured creditors. Because the Plan improperly classifies and unfairly discriminates against the Trustees claims, the Plan fails to satisfy the Bankruptcy Codes standards for confirmation and should not be confirmed. Even assuming the Court determines that separate classification of general unsecured claims is appropriate, the Trustees claims are more appropriately classified as General Unsecured Claims and not RMBS Litigation Claims, as there is no similarity between the Trustees claims and the other claims the Debtors have classified as RMBS Litigation Claims.

In addition, Moreover, the Debtors proposed treatment of RMBS Litigation Claims more severely prejudices the Trust than the other holders of RMBS Litigation Claims. The Trust is a securitization trust that is designed to amortize down and liquidate. The Trust had originally issued nearly $1.9 billion in securities. As of April 2017, there were only $491 million in securities, with that total amortizing down every month. In addition, under the Trusts governing documents, the Trusts servicer is entitled to liquidate the Trust when the loan balances in the Trust are equal to or less than 10% of the original value of the Trust. As of April 2017, the loan balance percentage was under 21% and reducing every month. The Trust, which has a limited life, is reducing in size each month and, at some point in time, will be liquidated. Payment of claims over a ten-year period, therefore, runs the possibility of prejudicing the liquidation of the Trusts and its beneficiaries.

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21st Century Oncology files for bankruptcy – Sarasota Herald-Tribune

Posted: at 3:01 pm

Cancer treatment firm says operations will not be affected

Cancer treatment network 21st Century Oncology Holdings Inc. has filed for Chapter 11 bankruptcy, seeking to shed $500 million in debt.

The Fort Myers-based company said the filing would not disrupt service at its 179 treatment centers, including nearly two dozen in Sarasota, Manatee and Charlotte counties.

The company, which calls itself the largest global provider of integrated cancer care services, cited changes to insurance reimbursement rates and political uncertainly in the health insurance market for needing to seek protection from creditors.

But 21st Century has been struggling with other problems. It has paid nearly $55 million to settle billing fraud allegations and it is being investigated over a data breach in 2015 that affected 2.2 million patients.

The company said its senior lenders will provide $75 million in working capital during its bankruptcy so it can conduct business as usual. Other creditors have agreed to invest $75 million in the reorganized company, which provides radiation treatment, urology, pathology and other cancer-related services.

We are a fundamentally strong and profitable business," interim CEO Paul Rundell said in a news release. "However, we simplyhave too much debt given the size of the business and the way industry dynamics, particularly thechallenging reimbursement environment, have affected our ability to maximize revenue in theaftermath of these unprecedented, ongoing changes."

The company failed to make a $20 million debt payment last fall, leading to speculation that a Chapter 11 filing could be forthcoming. The company posted a net loss of $92.9 million for the nine-month period ended Sept. 30, compared with a $133.9 million loss the year before. Revenues were down 5.1 percent to $774.4 million. The company has not reported year-end results.

Its lenders and bondholders have agreed to reduce the company's debt by $500 million.

The company stressed that patient care would not change. Treatment facilities will operate on normal schedules, and patientsappointments, treatment schedules and physician partners remain the same.

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Why two attorneys are appealing San Bernardino’s bankruptcy … – San Bernardino County Sun

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SAN BERNARDINO >> Almost five months after a U.S. Bankruptcy Court judge confirmed the citys bankruptcy exit plan, San Bernardino has settled all but two of the cases appealing that decision.

Theres no definite timeline for the appeals, but they could appear in court within a few months. After that, if both sides remain entrenched, appeals could last years, with attorneys in the case predicting a trip to the U.S. Supreme Court and a possible upheaval of the bankruptcy plan the city spent four years and $20 million crafting.

If the appeal is successful, it could upset the entire judgment, said attorney Gary Casselman, who is appealing the case. Theres risk for everyone. Thats why cases settle, because everyone looks over their shoulder at what could go wrong. But so far we havent settled.

Both attorneys cases stem from police lawsuits regarding use of force. Under the citys plan, their clients would receive 1 cent for every dollar a jury awards them.

And they also would be blocked from collecting any money from city employees a court might consider responsible for damages that occurred before the bankruptcy filing.

My client has had eight or nine surgeries and is at risk of losing her arm or at least elbow because of what happened, Casselman said. She might lose her house. And I think the city could afford much more, when their bankruptcy attorneys cost ($20 million).

Casselmans client, Rovinski Renter, alleges that in 2010 a San Bernardino police officer responded to a call of an unruly ex-tenant at Renters house. She told the officer in salty language to remove the tenant, and the officer allegedly grabbed Renter by the arm, breaking it. She was then handcuffed without medical care for 30 minutes, according to the lawsuit.

City Attorney Gary Saenz said he cant discuss the appeals because theyre ongoing litigation, and he cant yet give details of the two other appeals related to police use of force that were recently settled.

We have two appeals pending, he said. We still have, apart from the appeals, a number of claims were attempting to make settlements with those. Those that have not been settled will go through an ADR alternative dispute resolution process, which is essentially a mediation and an unbiased third party mediator will be selected. We havent laid out the specifics of that yet, but that will come shortly. Hopefully, well get a lot of the cases resolved through that process.

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Saenz has previously said the city had to do what was best for city residents, and he agreed with Judge Meredith Jury that there was no legal reason civil rights creditors should be paid more than others who have lawsuits against the city.

The city shed $350 million in obligations during the bankruptcy, which it filed after discovering a $45 million deficit for the 2012-13 fiscal year.

But its not just about the citys plan to only pay 1 percent of what it owes, said attorney Donald Cook, whose claim concerns a pet dog shot by a police officer. Its that the plan takes what he says is the unprecedented step of blocking the city from suing the police officer responsible or the police chief.

The city filed for bankruptcy, Cook said. In bankruptcy, you wipe out the debts of debtors. But the police chief and (the officers) didnt file for bankruptcy. A bankruptcy court cant adjudicate my clients claim against them.

In other municipal bankruptcies which are rare courts have avoided ruling on whether creditors can collect debts from the individual employees named in claims.

In addition, the U.S. Supreme Court ruled in 2011 in a case springing from the dispute of Anna Nicole Smith and the son of her late husband that bankruptcy courts have limited powers because theyre created by Congress, rather than specifically created by the Constitution.

That means a district court should decide the issue, Cook said.

In court, the city has argued that allowing continued lawsuits against officers for pre-bankruptcy cases would lead to an exodus of officers in a city already struggling to fight its high crime.

And other cities, contemplating bankruptcy but worried about still being on the hook for judgments against their employees, will join legal enthusiasts in closely tracking the case, Cook predicted.

Thats the big issue, he said. I think it will get a lot of attention, whoevers reviewing it at the higher court level, because this is something that a lot of municipalities and counties are worried about.

Cooks clients, Hector Briones and Roseland Harding, allege that in 2009, San Bernardino police responding to a cellphone 911 call traced incorrectly to their address forced open a locked gate and opened a closed door to enter their home. Their dog then ran up in a friendly way, according to Cook and an officer fatally shot the dog, Mammas.

Both the cases being appealed and two others that were recently settled have been delayed since before the city filed for bankruptcy in 2012, waiting for the bankruptcy case to resolve.

Attorney Duane Folke said the prospect of continuing to wait longer potentially years led his client, Paul Triplett, to settle this month.

I would have liked to have seen it be a little bit more equitable for my client not just me as the attorney, obviously, my poor client was put into a coma for three days and had a number of bones broken and a lot of maladies that are the result of what happened to him, Folke said. There are no winners here, thats for certain. But hopefully everybody will be able to get a fresh start.

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How this Harvard undergrad wound up in Brooklyn making a bankruptcy startup – Technical.ly Brooklyn

Posted: at 3:01 pm

So a weird thing is that bankruptcy costs a lot of money to declare. The paperwork (of which theres a lot) costs about $340 to file, and legal representation for Chapter 7 costs $1,450 on average, according to lawyers.com.

Its something that one of the Brooklyn tech worlds youngest entrepreneurs noticed in one of his law classes at Harvard. Rohan Pavuluri got involved with a group making legal self-help packets for people. At some point, he thought it might make more sense to write some software that could automate the process and cut down on some of those legal fees.

He got a small grant from Harvard to work on the idea and began building it out. Last summer he was looking for somewhere to continue working on it.

I just cold emailed Blue Ridge Labs. I said, Im a student I have a little bit of funding,' Pavuluri explained by phone recently. Theres really no other space in the country that has a workspace for nonprofit technology products to my knowledge.All I was really asking from them was a free desk.

Upsolves Rohan Pavuluri. (Courtesy photo)

The social impact acceleratorended up giving Pavuluri $50,000 in grant money to keep working on his idea, which became known as Upsolve. He lived down the street, in the dorms of Long Island Universitys Brooklyn campus.

He got introduced to his now cofounder, Jonathan Petts, a bankruptcy lawyer whod been doing some pro bono work for destitute clients.The two ran into plenty of hurdles, theres no shortage of regulations in the legal world, and are still developing the product. So far, still in beta, theyve helped about 50 clients file in New York, and are bringing the program to legal aid clinics.

He describes his last year at Harvard as being a part-time student, working on Upsolve constantly and the phone with Petts every day, as well as thousands of messages on Slack.

It was kind of crazy that I could get anything done cause I just showed up in Brooklyn with a little funding and didnt really even know what bankruptcy was, Pavuluri said, describing Paul Grahams definition of schlep blindness perfectly. If I knew how hard it was going to be and how lucky I was going to need to be, I wouldnt have started it.

Last week, back at Harvard, Upsolve was one of three winners of the Presidents Innovation Challenge, which brought the team $75,000.

It is so inspiring to see what you are trying to accomplish, for young children, for people who have found themselves in financial distress, for women who need health care, for a whole range of different problems that weve seen addressed in these proposals, said Harvard President Drew Faust, in giving the award.

We beat all the MBAs, Pavuluri said, with a laugh.

So the plan now is to keep this thing going. Pavuluri said the team wants to expand to more states: California, Texas, Pennsylvania.

Id also like to think about other ways we can help people in severe consumer debt, he explained. There are people who are sued all the time for debt and I think we could help them. Also I dont want to be reliant on foundation funding for our whole life so itd be interested in looking at earned revenue or some other models, maybe government.

Tyler Woods is the lead reporter for Technical.ly Brooklyn. His work has previously appeared in the San Francisco Chronicle, the Houston Chronicle, CT Financial News and the New Canaan News. There's little he loves more than great tweets on Twitter.com.

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Broadband: Telecom Operators Warn Of Possible Collapse … – Leadership Newspapers

Posted: at 3:01 pm

By CHIMA AKWAJA, Lagos

Broadband telecommunications service providers using fourth generation (4G) technology, also known as Tier II operators, have drawn attention to the difficulties threatening to cripple their operations, with the attendant effect of derailing the broadband plan of the federal government.

Accordingly, the operators are asking the the industry regulator, Nigerian Communications Commission (NCC), to take immediate and decisive steps to avert the looming threat of strangulation, which its members currently face.

The leaders of the telecoms operators made the call during a visit to the executive vice chairman of the NCC, Prof. Umar Garba Danbatta, in his office in Abuja.

They were represented by a high-powered delegation made up of Mr. Godfrey Efeurhobo, managing director of Smile Communications; David Venn, managing director of Spectranet; Mr. Osondu Nwokoro, director regulatory and external affairs of nTel and Mr. Chuma Okoye, chief commercial officer of Swift Networks.

They warned against a systemic industry failure threat with likely negative collateral and great national socio-economic implications in the offing.

According to them, the industry was in a situation where all operators are finding it difficult to justify the required investment case for additional capital expenditure (capex) for network capacity expansion to improve quality of service to customers.

They further noted that the network operating expenditure (opex) of telecommunication operations has sky rocketed in the last 15 months by over 85 per cent with revenues remaining relatively flat.

Most operators, they observed, were currently struggling with meeting obligations to their suppliers, particularly Network Vendors, TowerCos and servicing Loan obligations.

This worrying trend, they noted, includes even some of the Tier I Operators, adding that a perfect storm was brewing and if not stopped, it will result in the collapse of key players in the industry.

According to them, this is because the domino effect of bankruptcy of any of the Tier I or Tier II operators on the entire ecosystem, particularly banking, employment, corporate and SMEs businesses, constitutes a major threat to the Economic Recovery and Growth Plan (ERPG) of the current administration.

The observed that such bankruptcy and consequent collapse will also substantially lessen competition with its attendant deleterious impact on consumer choice and attainment of the Broadband objectives of the country.

The MDs stated that the NCCs declaration of 2017 as the Year of the Telecoms Consumer can be derailed by failure of operators to deliver on the expected quality of service, particularly on data throughput and experience due to the weak investment case to support additional capex as a result of deteriorating market conditions.

Symptoms of the declining fortunes of operators, they stated, were already evident in the market as debts continue to grow and overall service quality continues a downward trend.

They said there is a grave threat to the Broadband Agenda of the government and expected dividend from growth in Broadband penetration envisaged in the Economic Recovery and Growth plan 2020.

This threat, they warned, will materialize if the market is not sanitized and the Tier II operators are not protected to encourage and justify the capital investment required to continue to invest and improve broadband penetration in the country.

The Tier II operators also bemoaned their deteriorating fortunes due to predatory pricing and cross subsidy of data using voice by Tier I operators who possess significant market power.

This, they said, is a challenge the NCC must intervene to stop.

They, however, concluded by applauding the various interventions of the NCC in engaging other stakeholders in ameliorating the difficulties that operators face.

Expressing their gratitude to Danbatta for intervening with the CBN to reduce the burden of Forex liquidity, they also commended him for his role in leading the campaign to educate the populace that base stations do not cause cancer.

They further implored him to protect the Tier II Operators so that their operations will not collapse.

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LGs will soon collapse Gov. Ahmed – The Eagle Online

Posted: at 3:01 pm

The governor made the observation at a media parley in Ilorin as part of the 50th anniversary celebration of the state.

The Kwara State Governor, Dr. Abdulfatah Ahmed, over the weekend warned of imminent collapse of local government areas in most part of the countryshould the dwindling federal allocation to the third tier of government persist.

The governor made the observation at a media parley in Ilorin as part of the 50th anniversary celebration of the state.

He said the dwindling allocation had continued to threaten the existence of the local government structure.

According to Ahmed: If the problems of the local government areas must be permanently laid to rest, the revenue base of local government areas must be broadened. Local Government Areas require to be reformed along financial sustainability and independence if they are to carry out their statutory obligations at the grassroots.

The governor said it is mischievous blaming state governments for the incapacity of some Local Government Areas to meet their statutory financial obligations of paying salaries.

Ahmed insisted that the state government did not deduct any penny from allocation due to the third tier of government.

According to the governor, the term Joint Account Allocation Committee does not imply a joint account between the state and the local governments but a joint account among the 16 council areas.

He insisted that the state government did not share out of the local government allocation.

On his activities in the last six years, Governor Ahmed said his administration had invested in education, health, infrastructures and human capital development to improve socio-economic development of the state.

The governor promised to sustain his strategic approach to issues and programmes with a view to making the state more economically viable.

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GRP, NDF panels scramble to save peace talks from collapse – InterAksyon

Posted: at 3:01 pm

(UPDATE 5 8:49 a.m. May 28) Scrambling to save the fifth round of formal peace talks, the negotiating panels of the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) meeting in The Netherlands have agreed to continue informal negotiations at 9 am Sunday, May 28, (3 pm Philippine time).

NDFP panel spokesperson Luis Jalandoni told reporters Presidential Peace Adviser Jesus Dureza requested for the postponement of the resumption of their panel-to-panel meeting originally scheduled at 8pm Saturday (4 am Philippine time).

The parties met at 6:30 in the evening (12:30 am Philippine time) for the NDFP to submit a written reply to the GRPs statement that it would not participate in the fifth round of talks unless the Communist Party of the Philippines rescinds its earlier order to the New Peoples Army to further intensify its military operations against state forces.

The NDFP also said the GRP asked them to sign a bilateral ceasefire agreement for the fifth round to proceed. Reacting to the NDFPs written reply, GRP chief negotiator Silvestre Bello III said the NDFP reply is worth looking into.

Both the NDFP and the GRP refused to divulge the contents of the reply, however, saying they have mutually agreed to keep the current informal negotiations between themselves.

Their early evening discussion was attended by the Third Party Facilitator, the Royal Norwegian Government.

The GRP and the NDFP are still trying to save what appeared earlier in the day to be an imminent cancellation of the round, sources from both parties said.

Bello and NDFP counterpart Fidel Agcaoili were seen holding backchannel talks in between panel-to-panel discussions in apparent efforts to save the formal round.

Earlier, Agcaoili said it is the third consecutive round the GRP presented conditionalities before the peace negotiations formally opened.

The GRP has been consistently asking the NDFP for a bilateral ceasefire agreement since the third round in Rome last January. The NDFP position, expressed repeatedly, is that such is only possible when socio-economic reforms as well as political and constitutional reforms agreements have already been signed and implemented in accordance with The Hague Joint Declaration of September 1, 1992.

5th round still possible

Both parties said the fifth round is still possible.

Earlier reports reaching Manila on Saturday, May 27, indicate that the 5th Round of the formal negotiations between the Government of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) in Noordwijk aan Zee, The Netherlands has been put in suspended animation by a last minute conditionality that almost scuttled the talks, now best described as in recess as a result.

The respective panels of both sides promptly scrambled to troubleshoot the negotiation in order to try and salvage the peace talks.

The NDF Negotiating Panel said it was drafting a reply to its Government of the Republic of the Philippines (GRP) counterpart as part of efforts to find common ground, untangle the bind and allow the fifth round of formal peace negotiations to proceed.

The government of the Philippines had announced it would not proceed with the scheduled 5th round of talks, through Presidential Spokesman Ernesto Abella in the light of the latest public announcement by the Communist Party of the Philippines (CPP) to accelerate and intensify its attacks against the government due to the Presidents declaration of martial law in Mindanao.

We question the sincerity of the CPP/NPA/NDFP, if they truly are in pursuit of peaceful coexistence. The Duterte administration would rather pursue the path of genuine dialogue to build a nation worthy of its citizens.

Abellas statement wrong GRP chief negotiator Silvestre Bello III, for his part, clarified that Presidential Spokesperson Ernesto Abellas statement was wrong.

Abellas announcement was lifted from Durezas prepared statement read to Filipino and Dutch journalists covering the talks.

Informed of Abellas announcement, Bello looked surprised but underscored that such statements should come only from the government panel present in The Netherlands.

The fifth round is still a possibility, Bello maintained.

The panels are set to meet again in a last ditch effort to salvage the scheduled fifth round, Kodao Productions indicated in a dispatch as reported by Raymund B. Villanueva.

The CPP order to NPA The CPP order had been in response to the intensified AFP operations and widespread human rights violations preceding and following the declaration of Martial Law in the whole of Mindanao.

President Duterte justified his Martial Law declaration by citing as reason the terrorist actions of the Maute Group in Marawi City.

But Lorenzana declared that the NPA was also a target of AFP military operations.

Silvestre Bello made a subsequent clarification that Duterte had said that the Mindanao martial law was not aimed against the NPA.

NDF reply NDFP chief negotiator Fidel Agcaoili said their reply will clarify to the GRP the NDFP panel could not order the Communist Party of the Philippines (CPP) to retract its order to the New Peoples Army (NPA) to further intensify their offensive operations against the Armed Forces of the Philippines and the Philippine National Police.

Agcaoili explained the CPPs directive was a response to GRP Defense Secretary Delfin Lorenzanas statements that the NPA was among the targets of President Rodrigo Dutertes Martial Law declaration over the entire Mindanao region.

Agcaoili cited bombings of communities in North Cotabato and Bukidnon that killed one civilian and injured several others in the past two days.

There are NPA units operating in those areas, Lorenzana reasoned.

He added that the NDF could only recommend to the CPP in much the same way that GRPs chief negotiator Silvestre Bello III and Presidential Peace Adviser Jesus Dureza could not order the AFP and the GRP security cluster to withdraw their all-out war policy against the NPA and lift President Rodrigo Dutertes martial law declaration over the entire Mindanao region.

Agcaoili said they have gone as far as they could go in recommending to the CPP to reconsider its order to the NPA.

GRPs cease fire demand Agcaoili revealed the NDFP panel was also told by the GRP panel it wants a bilateral cease fire agreement signed during the fifth round.

We have made our position clear that until we reach an agreement on social and economic reforms as well as political and constitutional reforms, there could never be a cease fire, Agcaoili said.

We hope they would receive our reply positively so that, hopefully, we can proceed with the opening ceremony of the fifth round tomorrow [Sunday], Agcaoili said.

We question the sincerity of the CPP/NPA/NDFP, if they truly are in pursuit of peaceful coexistence. The Duterte administration would rather pursue the path of genuine dialogue to build a nation worthy of its citizens.

Word reaching Manila from The Netherlands, indicated that the fifth round of formal peace negotiations had, indeed, hit a snag with the announcement bythe government panel of its conditionality.

Mixed signals This is the second time the GRP submitted to its counterpart a set of demands before a formal opening to a round of formal peace negotiations. For his part, the NDFs negotiating panel chair Fidel Agcaoili reacted to the Abella statement: This is contrary to what the GRP negotiators are saying here, after they submitted to us a copy of Durezas opening speech containing such a pronouncement. They [the GRP panel] are now clarifying that they are they are willing to sit down and find solutions to the problems. So, like everyone else, the NDFP is receiving mixed signals from the GRP. But we hope to know the real score in a couple of hours time.

In a press briefing, the NDF panel said this demand by the GRP is a new one and it was not included in their April 6 Joint Statement that the fifth round of talks shall focus on the socio-economic reforms agenda.

NDF added that a signed bilateral cease fire agreement must only come after ground rules for its implementation have been forged by the parties: We are supposed to be talking while fighting like the parties have successfully done in the past, especially during the Ramos regime.

The status at the moment may best be described as a recess while both sides try to work out whether to proceed or not.- With Raymund B. Villanueva, Kodao Productions

Below are excerpts from two texts, from remarks already prepared prior to the last-minute snag that hit the talks.

OPENING REMARKS AT THE FIFTH ROUND OF FORMAL TALKSIN THE GRP-NDFP PEACE NEGOTIATIONS AT NOORDWIJK AAN ZEE

By Prof. Jose Maria Sison Chief Political Consultant, National Democratic Front of the Philippines May 27, 2017

We are riding on the momentum set by four successful rounds of talks and by unilateral meetings and bilateral consultations between rounds. We in the NDFP appreciate once more that President Duterte recently received and conversed with the Chairperson of the NDFP Negotiating Panel Fidel Agcaoili, Panel member Benito Tiamzon and Wilma Austria.

To stay on course in the peace process, we must firmly adhere to the major agreements that the GRP and NDFP have reaffirmed since the first round in August last year. We must follow the substantive agenda set by The Hague Joint Declaration and the Joint Agreement on the Sequence, Formation and Operationalization of the Reciprocal Working Committees.

We must assure all the openly known participants in the peace process of both sides and the holders of documents of identification that they are entitled to, protected by and enjoy safety and immunity guarantees under JASIG. It is highly desirable and necessary that all the participants in the peace process are not subjected to any kind or degree of duress, such as surveillance, harassment or threats of arrest or even worse.

We must resolutely comply with and diligently implement the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL). The hundreds of political prisoners listed by the NDFP must be released in the most expeditious manner. Even while in the mode of carrying out its all-out war policy, the GRP and its armed forces, police and paramilitary auxiliaries must be guided and bound by CARHRIHL. Likewise the NPA and the peoples militia must comply with CARHRIHL as they engage in self-defense and counter-offensives.

Frankly speaking, the NDFP is unwilling to engage in any kind of prolonged and indefinite ceasefire agreement before there are substantive agreements on social, economic, political and constitutional reforms which are significantly beneficial to the people. The NDFP does not wish to fall into the trap of capitulation and pacification, betraying the trust of the oppressed and exploited masses of the people. It also does not wish to preoccupy the peace process with accusations and counter-accusations of ceasefire violations and put aside the peoples demands for basic social, economic and political reforms.

The Filipino people and both the GRP and NDFP are aware of the fact that on February 5, 2017 GRP Secretary of National Defense Lorenzana declared an all-out war policy against the NPA. In this connection, President Duterte terminated the JASIG and in effect the entire peace negotiations. He also issued on March 7 the order to the AFP to use artillery fire and aerial bombing against the NPA on a nationwide scale. Despite the March 11 backchannel agreement for the GRP and NDFP to resume peace negotiations and to issue simultaneous and reciprocal unilateral ceasefire declarations, President Duterte did not order the issuance of the GRP declaration of unilateral ceasefire, according to a public statement of Lorenzana. The NPA has had no choice but to engage in self-defense and counter-offensives.

The cause of intensified fighting between the armed forces of the GRP and NDFP is the GRP all-out war policy and threat of martial law. It is wrong for anyone to blame the NPA and claim that it has gone out of the command and control of the Communist Party of the Philippines and the NDFP. The NPA maintains high fighting morale and iron discipline under the absolute leadership of the CPP. It is even more absurd to claim that the NDFP negotiating panel has lost its authorization from the NDFP to negotiate with the GRP negotiating panel and to make recommendations to the NDFP principal.

If the objective of the intrigue is to justify the GRP all-out war policy and extract a bilateral or joint ceasefire agreement ahead of any substantive comprehensive agreement on basic reforms, the GRP is practically terminating the GRP-NDFP peace negotiations or daydreaming that it can destroy the NPA by force of arms in the course of the peace negotiations. The NDFP Executive Committee has already informed the NDFP Negotiating Panel that the NPA is intensifying the peoples war under the absolute leadership of the CPP to resist and defeat the all-out war policy of the Duterte regime and the scourge of martial law for Mindanao and possibly for the entire Philippines.

However, in so many examples of successful peace negotiations in various countries, it is possible to negotiate while fighting goes on in the battlefield. We were able to forge the CARHRIHL in only six months in 1998, even as the civil war went on between the belligerent forces. It is possible to continue to accelerate the negotiations and forge the CASER within the current year and the CAPCR within the first quarter of the next year on time for the framing and ratification of a charter founding the Federal Republic of the Philippines.

It is preferable to accelerate the peace process rather than overburden or lay this aside with what the NDFP cannot accept: the negotiation of an interim Joint Ceasefire Agreement in violation of the substantive agenda set by The Hague Joint Declaration and the Joint Agreement on the Sequence, Formation and Operationalization of the Reciprocal Working Committees. While the civil war continues, the GRP and the NDFP can demonstrate their respective causes and fighting capabilities within the framework of CARHRIHL. The battles ought to prove that the peace negotiations are necessary.

A prolonged and indefinite interim joint or bilateral ceasefire agreement may be negotiated and drafted in advance but should not be signed and approved by the principals of the GRP and NDFP ahead of any of the substantive agreement even by a split second. We in the NDFP do not wish such a ceasefire agreement to preempt the substantive agreements, especially CASER. The NDFP also considers it desirable and necessary that the basic reforms are being implemented for at least two years before the permanent truce can be formalized in the Comprehensive Agreement on the End of Hostilities and Disposition of Forces.

It might be relatively easy for the GRP and NDFP Negotiating Panels to forge the CASER as a policy agreement. But it might be more difficult to obtain from GRP as annexes to the agreement the executive orders, legislation and constitutional amendments needed to implement CASER in view of the predominance of pro-imperialist and reactionaries within the different branches of the GRP and in view of their priorities which run counter to genuine land reform and national industrialization and which divert economic and financial resources from these.

The security cluster of the Duterte cabinet is interested only in the capitulation and pacification of the revolutionary movement through a combination of all-out war policy, martial law and a lopsided joint interim ceasefire agreement. The economic development cluster of the Duterte government is dominated by the neoliberals who oppose social and economic reforms. We refer to the problems in order to solve them.

If used by the Duterte regime to aggravate its all-out war policy against the revolutionary forces, martial law will increase the power of the pro-imperialists and reactionaries within the regime and will incite the revolutionary force and the broad masses of the people to intensify the peoples war. The only conceivable instance when the NDFP can agree with the Duterte regime on the proper use of martial law is when there is an alliance to combat the armed collaboration between US imperialism and local reactionary forces. Otherwise, the regime has to reckon and contend with a broad united front against a Marcos-type martial rule.

They are peace spoilers within and outside the Duterte regime who wish to impugn the credentials of the NDFP Negotiating Panel and the NDFP Chief Political Consultant. The fact stands that the principal of the NDFP Negotiating Panel is the NDFP National Council and its Executive Committee. These include the representatives of the Communist Party of the Philippines and the New Peoples Army, with the former having command and control over the latter. They make their consensus on whatever policy and course of action to take in the GRP-NDFP peace negotiations by relying on the reports and recommendations of the NDFP Negotiating Panel to the NDFP National Council.

The major points that I have presented and stressed in these opening remarks come from the latest appraisal of the situation and the instructions that the National Executive Committee has given to the NDFP Negotiating Panel. The NDFP Negotiating Panel has no command and control over the NPA, just as the GRP Negotiating Panel has no such command and control over the AFP and PNP. But it provides to its principal the reports and recommendations as basis for decision-making.

The NDFP Negotiating Panel through its Chairperson will elucidate to its counterpart the latest instructions that it needs to know.

OPENING SPEECH FOR THE FIFTH ROUND OF THE FORMAL TALKS

By Fidel V. Agcaoili Chairperson, NDFP Negotiating Panel

We in the NDFP Negotiating Panel have received a Directive from its Principal, the NDFP National Executive Committee.

Firstly, we have been directed to firmly adhere to The Hague Joint Declaration as the framework agreement for the GRP-NDFP peace negotiations. This Declaration sets forth the substantive agenda which aims to result in one comprehensive agreement after another on respect for human rights and international humanitarian law, social and economic reforms, political and constitutional reforms and the end of hostilities and disposition of forces.

The Declaration is reinforced by the Joint Agreement on the Sequence, Formation and Operationalization of the Reciprocal Working Committees. Thus, the subject of any prolonged and indefinite ceasefire or cessation of hostilities cannot be negotiated and agreed upon before the GRP and NDFP principals have signed and approved the Comprehensive Agreement on Social and Economic Reforms (CASER) and the Comprehensive Agreement on Political and Constitutional Reforms (CAPCR). The proper time to discuss a prolonged and indefinite ceasefire is when we reach the point of negotiating and agreeing on the Comprehensive Agreement on End of Hostilities and Disposition of Forces (CAEHDF).

If the NDFP agrees to put the subject of a prolonged and indefinite ceasefire ahead of CASER and CAPCR, it would fall into the trap of capitulation and pacification and it would be abandoning the substantive agenda which are aimed at addressing the roots of the armed conflict through agreements on social, economic and political reforms to lay the basis for a just and lasting peace.

Secondly, the NDFP must demand compliance with Comprehensive Agreement on Human Rights and International Humanitarian Law (CARHRIHL) an already existing comprehensive agreement, especially in the face of certain violations. If the GRP does not comply with this comprehensive agreement, there would be no point in making further agreements.

In this regard, the NDFP raises the following prejudicial questions in demanding compliance with CARHRIHL.

1. Why are the political prisoners listed by the NDFP still being kept in prison in violation of the CARHRIHL and its provision on the Hernandez political offense doctrine as well as the Joint Agreement on Safety and Immunity Guarantees (JASIG)? There are expeditious remedies to set aright what is wrong.

2. Why is the GRP carrying out an all-out war policy, occupying communities, taking over civilian functions and using aerial bombs and artillery fire, against the people and revolutionary forces in violation of the CARHRIHL? The use of disproportionate force victimizes most the civilian population rather than the highly mobile guerrilla forces of the NPA.

3. Why are the NDFP Panel member and consultants to the peace talks continuously threatened and harassed?

4. Fourth, it must be pointed out that in raising these prejudicial questions, the NDFP is in no way attempting to hinder the peace talks. We must remember that the NDFP has no record of terminating the peace negotiations. A number of times, it was the GRP, under the Estrada, Arroyo, Aquino and Duterte regimes that has scuttled the peace negotiations, sometimes even without bothering to terminate the JASIG with the proper notice of termination given 30 days in advance.

At this point, the NDFP is faced with two possible reactions from the GRP.

One is that President Duterte may terminate the JASIG and the peace negotiations as he did last February 5 even before he could consult with his Negotiating Panel on February 20. In this event, the responsibility for the further escalation of the civil war will rest squarely on the GRP.

In truth, an all-out war has long been waged by the GRP against the revolutionary forces and people, despite the fact that there were unilateral ceasefire declarations.

As to the release of the hundreds of political prisoners, more than a year of negotiating with the Duterte government has thoroughly convinced the NDFP that the regime has no intention of releasing even the very small number of 15 it last mentioned. Instead, it is increasing the number of political prisoners and the concomitant violations of human rights and international humanitarian law. As of May 15, 2017 there are 403 political prisoners, 37 of them were arrested under President Duterte. There have been 59 cases of politically-motivated killings under President Duterte. In addition, there are tens of thousands of displaced persons all over the country as a result of military operations.

The recent martial declaration in Mindanao will surely lead to a burgeoning in the number of political prisoners and human rights violations.

The other possibility is that the GRP and NDFP continue to negotiate peace even while fighting continues in the battlefield. If this be the case, the NDFP remains willing to accelerate the peace negotiations and forge at the soonest time possible the comprehensive agreements on social and economic reforms and on political and constitutional reforms before the end of 2017 and early part of 2018, respectively.

Subsequently, the GRP and NDFP can discuss such subjects as the expeditious release of all political prisoners listed by the NDFP and a prolonged and indefinite ceasefire related to the implementation of all comprehensive agreements and the prospective end of hostilities and disposition of forces.

In any case, it is unacceptable to the NDFP for the GRP to insist on putting its demand for any joint or bilateral prolonged and indefinite ceasefire ahead of CASER and CAPCR in order to obtain the capitulation and pacification of the revolutionary forces and the people, and lay aside the substantive agenda and the ever urgent demands of the people for social, economic and political reforms necessary for achieving a just and lasting peace.

For its part, the CPP posted two articles on its web site articulating its position and perspective regarding the prevailing situation, as follows:

AFP offensives and atrocities in Mindanao heighten since declaration of Martial Law

Communist Party of the Philippines 27 May 2017

It would have been good if Bello were telling the truth that Dutertes Mindanao Martial Law is only aimed against terrorists and not against the NPA or the people in general. The facts on the ground, however, belie Bellos statements. The burden of proving such claims are heavy on the shoulders of Bello, as well as of key security and military officials of the Duterte government.

Prior to the declaration of Martial Law in Mindanao, the AFP has been carrying out intense armed offensives against the people and their revolutionary forces following the Duterte-Lorenzana declaration of all-out war against the NPA last February. Duterte has not rescinded this order .

Just this morning, we have received partial information from NPA operations commands in South, Far South and parts of North Central Mindanao that search and destroy operations, strike operations, shelling and occupation of peasant communities are being carried out intensively by the AFP against the NPA and the peasant masses in the following provinces:

1) Compostela Valley 2) Davao City 3) Davao del Sur 4) South Cotabato 5) Saranggani 6) Sultan Kudarat 7) North Cotabato 8) Bukidnon

These offensive operations have been heightened since the declaration of Martial Law. On May 24, AFP units carried out shelling and indiscriminate firing against peasant communities in Barangay Colon Sabak, Matanao, Davao del Sur. These areas are at least 180 kilometers from Marawi.

On May 25, on the second day of Dutertes Mindanao martial law, hundreds of elements of the 39th IBPA dropped bombs, shelled and indiscriminately fired 50 caliber machine guns at dominantly Moro civilian communities in barangays Salat and Tuael in President Roxas, North Cotabato and barangays Tangkulan and Anggaan in Damulog, Bukidnon. These areas are at least 100 kilometers away from Marawi City.

Abdullah Pamansag, a resident of Barangay Salat, was killed as a result of the aerial bombardments. Several other residents, Norhamin Dataya, Cocoy Dataya, Alex Dataya, Nasordin Maman and Nor Taligapin have suffered severe injuries. At least 1,600 residents of the affected barangays were forced to evacuate their communities. Human rights organizations and relief workers are being prevented by the military forces from extending assistance to the residents.

The civil and political rights of the people in Mindanao are gravely being curtailed and trampled on by the all-out attacks against the people. Hundreds of people are being rounded up. People are being detained or stopped from travelling for having no identification cards. The military are threatening people against issuing statements or posting information on social media that may be deemed anti-government. Military and bureaucrats have issued guidelines restricting peoples rights to assemble and prohibiting them from staging protest actions. A martial law crackdown hangs over the heads of social activists.

The state of human rights is set to go from dismal to worse as Duterte himself has assured soldier that he has their backs as he urged them to rape and carry out abuses all they want against the people.

In light of these out and out attacks against the people and their revolutionary forces, NPA units are being left with little option but to undertake more and more tactical offensives in order to defend the masses and the peoples army by stopping the reactionary state armed forces from carrying out their onslaught.

It is in this spirit of defending the peoples rights against the AFPs unmitigated fascist attacks that the CPP issued its May 24 declaration calling on the NPA to carry out more tactical offensives and urging the people to heighten their resistance against the imposition of martial law in Mindanao and demand its immediate lifting.

The Party has long declared its policy of fighting terrorism. The Party has consistently condemned groups that attack civilians. The revolutionary forces have long been against the Abu Sayyaf (and by implication, its supposed breakaway ISIS-linked or -inspired Maute Group) whose leaders collaborate with military officers in criminal activities. These groups use religious symbols to foment bigotry and violence against civilians in order to divide the Moro people and weaken their struggle for self-determination.

We must consider, however, the thick fog of disinformation which blankets the imposition of martial law in Mindanao. The AFP, andeven Duterte himself, has been spreading a lot of false information and fake news. Claims made by the AFP that the Amai Pakpak Hospital and the LaSureco (Lanao del Sur Electric Cooperative) were taken over by the Maute Group were exposed to be false. Even Dutertes claim that a police officer was decapitated was also exposed as fake news. Information about the so-called Maute Group is largely based on the public speculations by the police, the military and Malacaang.

Beyond the information supplied by the AFP fake news mill, people no longer know who the real terrorists in Marawi City are. At this point, it would seem that it is the AFP and its intense aerial bombings and martial law policies are the bigger terrorists in the city, causing the people of Marawi grave sufferings and hardships.

Continued here:

GRP, NDF panels scramble to save peace talks from collapse - InterAksyon

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