Going Back to the Records
Statement of the UP School of Library and Information Studies (UP SLIS) Faculty on the unilateral abrogation of the
1989 Agreement between the Department of National Defense and the University of the Philippines System
As archivists, librarians, and information professionals, we always go back to the records. That has always been our training. As such, we feel that is what we have to do: go back to the records and uphold the power of information and evidence.
On 30 June 1989, the Department of National Defense, through then Secretary Hon. Fidel V. Ramos, and the University of the Philippines System, through President Hon. Jose V. Abueva, reached an agreement on the conduct of military and police operations inside university premises.
- The preamble of the agreement recognizes the presence of academic freedom and the institutional autonomy of UP in the governance of its affairs. It also recognizes the responsibility of the military and police in protecting national security, enforcing the law, and maintaining peace and order.
- Article 1 explicitly notes the prior notification of the UP administration of the conduct of military or police operations in any UP Campus.
- Article 2 categorically states that no military or police personnel shall enter university premises. Article 2 though recognizes hot pursuits and emergencies, and Article 3 also recognizes that at times assistance from military or police may be necessary in the maintenance of security, and peace and order within the university.
- Article 4 guarantees the non-interference of military and police in peaceful protest actions within university premises. The agreement also holds responsible UP officials for the conduct of constituents (students, faculty, and employees).
- Article 5 explicitly states that search and arrest warrants can only be served after prior notification of UP administration as well as close coordination of such with UP Police. Article 6 also notes that the custodial investigation, arrest or detention of a UP constituent must be reported immediately to the UP administration by the responsible head of the AFP or Police.
- Article 7 recognizes the organization of a joint monitoring group to determine compliance with the agreement.
- Lastly, Article 8 says that nothing within the agreement "shall be construed as a prohibition against the enforcement of the laws of the land."
On 15 January 2021, Department of National Defense Secretary Delfin N. Lorenzana addressed a letter to UP President Danilo L. Concepcion abrogating the agreement and thereby nullifying the previous items.
This action by the DND, on the surface and according to DNDs belief, seemingly does not necessarily encroach on UP's academic freedom. But, this jeopardizes UPs institutional autonomy and the governance of its affairs. The letter by Sec. Lorenzana says that they feel that the 1989 agreement is a "hindrance in providing effective security, safety and welfare of the students, faculty, and employees of U.P." The letter also cites clandestine CPP/NPA recruitment and that the design and purpose of these organizations are "to destroy democracy we have all fought for".
The letter assures that the DND has no intention of stationing police, nor do they intend on suppressing "activist groups, academic freedom and freedom of expression". They claim nothing to gain from doing these which will only further alienate them from the people and that they want the youth to see the AFP and Police as "protectors worthy of trust, not fear".
On 19 January 2021, President Danilo L. Concepcion wrote a letter in reply to Sec. Lorenzana. Pres. Concepcion points out that the abrogation was "totally unnecessary and unwarranted, and may result in worsening rather than improving relations between our institutions".
Pres. Concepcion pointed out that the agreement has been "grounded in an atmosphere of mutual respect, which we were able to maintain for 30 years through the observance in good faith of its provisions." He also laments that "the agreement was abrogated unilaterally, without the prior consultation". He also emphasized that UP "sought and secured that agreement not to evade or weaken the law, but to protect the climate of academic freedom guaranteed by the Constitution that makes intellectual inquiry and human and social advancement possible."
Pres. Concepcion ends with the vision of maintaining UP "as a safe haven for all beliefs and forms of democratic expression" and requests for the reconsideration and revocation of the unilateral abrogation as well as mutual discussions on the matter.
If we comment on the records, we will see the following:
1. Sec. Lorenzana says that they feel that the 1989 agreement is a "hindrance in providing effective security, safety and welfare of the students, faculty, and employees of U.P."
We see no hindrance in prior notifications before military and police actions. If there is no prior notification, then those actions could be considered more clandestine than what is claimed.
2. They claim nothing to gain from doing these which will only further alienate them from the people and that they want the youth to see the AFP and Police as "protectors worthy of trust, not fear".
At the moment, it is obvious that this statement has generated the opposite effect.
3. Pres. Concepcion points out that the abrogation was "totally unnecessary and unwarranted, and may result in worsening rather than improving relations between our institutions".
The agreement was "grounded in an atmosphere of mutual respect" and has been maintained "for 30 years through the observance in good faith of its provisions." The statement by Sec. Lorenzana indicates that that respect has gone out the window.
4. Pres. Concepcion laments that "the agreement was abrogated unilaterally, without the prior consultation".
The culture of the university has always revolved around "collegiality", the cooperation between colleagues who are equals. The term "abrogation" has been bandied about a lot during this fiasco. The term has an underlying implication of authoritative action of the condescending nature. Things like these usually do not sit well with the university.
5. Pres. Concepcion also emphasized that UP "sought and secured that agreement not to evade or weaken the law, but to protect the climate of academic freedom guaranteed by the Constitution".
We hope for the continued protection of this climate of academic freedom which guarantees intellectual inquiry. Let us not allow the mistakes of the past to be committed again.
These records speak for themselves. We add another one with this statement. We do this so that our voice may be heard.
#DefendUP #ProtectAcademicFreedom #NeverAgain
References:
Philippine Collegian. Letter of Sec. Lorenzana to Pres. Concepcion. https://www.facebook.com/phkule/posts/3599661000114821
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
Protect academic freedomUP President Danilo L. Concepcion responds to DNDs 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/
Published: 2022-03-10 14:46:51