DND defends Enhanced Defense Cooperation Agreement

From the Philippine News Agency (Apr 28): DND defends Enhanced Defense Cooperation Agreement

A Department of National Defense (DND) Fact Sheet stated on Monday that the newly-signed Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States is above board and constitutional.

It explained that access of Philippine military facilities by American forces will be done “at the invitation of the Philippines and with full respect for the Philippine Constitution and Philippine laws.”

The DND fact sheet stressed that the constitutional provision which prohibits the establishment of “foreign military bases... or facilities” in the country except under a treaty duly concurred in by the Senate does not apply to EDCA.

The defining features of “foreign military bases” – extraterritoriality, exclusivity in use and foreign ownership – will not be applicable in the Agreed Locations.

On the other hand, the entry of US military troops for military exercises and other approved activities is already allowed under the PHL-US Visiting Forces Agreement (VFA) which is a treaty concurred in by the Senate and upheld by the Supreme Court.

The provisions of EDCA, an executive agreement, are consistent with the Philippine Constitution, laws, and jurisprudence.

EDCA will have an initial term of 10 years. There will be regular bilateral consultations on the implementation of the Agreement.

The DND fact sheet stated that the number of visiting US personnel will depend on the scale and the frequency of the activities to be approved by both parties.

There will be no stationing of US personnel under EDCA. US personnel will come on temporary and rotational basis in relation to activities that will be held in AFP facilities.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=638664