Think tank assails VFA, other RP-US pacts

From the Daily Tribune (Nov 1): Think tank assails VFA, other RP-US pacts

Ibon Foundation yesterday objected to the continuing prevalence of the Visiting Forces Agreement (VFA) and other “unequal” military agreements between the Philippines and the United States, saying that Washington’s primary goal for the agreement is to invade, intervene and deploy its armed forces in military operations across its network of states.

According to its research, the US has 265 bases in 41 countries. It said that Washington also has logistics agreements with 76 countries, and status of forces agreements with 121 counties, where there are 164,227 active military personnel deployed in 152 foreign states.

In a statement, the think tank illustrated the effects of the VFA to the Philippines, saying that it has been the key toward the slaying of transgender Jeffrey Laude by US Marine First Class Joseph Scott Pemberton.

Ibon said that the VFA, also called the Status of Forces Agreements (SOFA) established by the United States, is a rule on the US troop operations in the Philippines to the extent which domestic laws apply to US personnel.

“VFA is vital part of US military aggression: The killing of Jeffrey “Jennifer” Laude by United States Marine Scott Pemberton has raised questions regarding the Visiting Forces Agreement between the US and the Philippines,” Ibon said in a statement.

Ibon foundation said foreign criminal jurisdiction over US troops in such countries remains the subject of debate to date, in countries where US has established SOFAs.

“SOFAs are essential for enabling US military deployments overseas and are a vital part of US military aggression against tens of millions of civilians around the world,” Ibon Foundation said.

The think tank denounced the effects of US military aggression across the world, to which the Philippines remains a victim due to the prevalence of the VFA and other agreements with the US.

“The US has used its global network of bases and military agreements to invade, intervene, and deploy its armed forces in military operations in 64 countries since after 1945,” it said.

“The most violent of these acts of aggression has already resulted in some 17-28 million civilian deaths in 37 nations. Direct US military actions in 13 countries have caused 7-13 million deaths while US-supported or instigated armed conflicts in 24 other countries have resulted in another 10-15 million deaths,” Ibon Foundation said.

Earlier, Foreign Affairs Secretary Albert del Rosario admitted that there are flaws in the VFA between the Philippines and United States, but said abrogating it at this time would interrupt the two allies’ ongoing defense cooperation.

A GMAonline report quoting Del Rosario, said “It’s not a perfect agreement. It’s an imperfect agreement but given that, it’s not plausible for us to amend at this time.”

The VFA was ratified by the Philippine Senate in 1999, allows American troops to take part in large-scale military exercises with their Philippine counterparts in the country.

Anti-US sentiments, including calls for the termination of the VFA, have been revived following the Oct. 11 killing of Filipino transgender Jeffrey Laude in Olongapo City.
A US Marine, Private First Class Joseph Scott Pemberton, is facing a murder complaint in connection with Laude’s killing.

The VFA states that the Philippines has jurisdiction over the case, but the primary custody of the accused lies with the US “from the commission of the offense until completion of all judicial proceedings.”

Compared to the US VFA, Del Rosario said, the provision on custody under the accord with Australia “is more balanced.”

But renegotiating the VFA with the US means the Philippine government would have to terminate it first, Del Rosario explained.

“We need to abrogate and if we abrogate, it interrupts the benefit of the mutual defense treaty with regards to joint exercise between our two armed forces,” he said. “It consequences the modernization, the joint training, the inter-operability.

“I think the Visiting Forces Agreement is a necessary element of the Mutual Defense Treaty because as I said it defines the behavior of the visiting forces,” Del Rosario said, referring to the 1951 agreement between the Philippines and the US, which obliges Washington to come to Manila’s aid in the event of an armed foreign attack.

 The killing of Laude occurred months after the two long-time allies signed a new defense accord, called the Enhanced Cooperation Agreement or Edca, in April this year. Edca would allow greater US troops’ access to Philippine bases and presence in the country, but it can not be enforced until questions on its legality is resolved in the Supreme Court.

Both nations’ desire to bolster military cooperation came as Manila confronts Asian military giant China over disputed territories in the South China Sea and America’s planned “pivot” to the Asian region after years of military pre-occupation in the wars in Iraq and Afghanistan.

Ranking defense officials announced Friday that the Philippines is militarily benefiting a lot from the VFA and Edca.

“Edca is beneficial to the AFP and the Philippine Navy in particular both in terms of training and information sharing,” Philippine Navy (PN) spokesman Col. Edgar Arevalo said.

He also said that the interoperability training, obtained through the VFA by Filipino sailors and Marines with their American counterparts, afford them capability and capacity in maritime operations to better secure the country’s maritime domain.

“With the use of their modern equipment and military assets, the US Armed Forces shares vital information to their AFP counterparts that they help monitor, analyze, and utilize to boost its limited capability in attaining maritime situational awareness,” he added.

Arevalo said that these are some of the gains of the Philippines derive from the US so far as strengthening the Armed Forces in protecting the country’s maritime domain is concerned.

Major Emmanuel Garcia, 1st Civil Relations Group commander, also stressed that the Edca and the VFA is very beneficial to the Philippines and its defense program.

“These agreements on joint exercises and enhanced cooperation are necessary tools for the improvement of our defense capability,” he added.

Garcia stressed the VFA and Edca is not unique only to the Philippines as even advanced and militarily strong countries undertake such agreements and conduct joint military exercises to further improve their respective Armed Forces.

“The joint exercises, not only with the US but all foreign allied forces is beneficial to the host country and the visiting troops,” he pointed out.

Garcia said that joint exercises specifically improve the Armed Forces’ combat and non-combat readiness as a country and upgrade the knowledge skill of our military units and individual soldiers.

He said the Philippines is particularly benefiting from the following:

1. Joint exercises on maritime security and protection of maritime resources;
2. Community humanitarian assistance projects which includes construction of school buildings, farm-to-market roads and other infrastructures;
3. Humanitarian assistance and disaster relief exercises and cooperation;
4. Community health engagements which include medical and dental missions to people and veterinary care to livestock in far communities;
5. Counter and anti-counter terrorism exercises;
6. Anti-smuggling and anti-illegal drugs exercises and cooperation; and
7. Joint and combined land, air and naval exercises in protecting our territorial integrity and national integrity.

“Our people benefit in a lot more endeavors involving the activities in these bilateral and multi-bilateral engagements including economic gains,” Garcia stressed.

And since we are living in a community of nations and such international military engagements based on bilateral and multilateral agreements are a healthy and necessary activities for our country to get involved in for the benefit of the greater number of Filipinos, he added.

“In line with our economic and national interest in protecting our vast natural resources, and national patrimony and territorial integrity,” the 1st Civil Relations Group commander stated.

While Philippine Navy public affairs office chief Lt. Cmdr. Marineth Domingo stated that bilateral exercises being conducted through the VFA, helps the PN to carry out its mandate, and its distinct military and diplomatic roles serve as a training opportunity for all participants.

“Second, interoperability exercises provide us an avenue to be adept to the new and new emerging technologies that will make us a strong and credible force,” he added.
Likewise, these exercises are designed to promote regional peace and stability and enhance maritime security and intelligence operations, she added.

Furthermore, Domingo said these agreements enhance Philippine capability in the conduct of persistent surface and air patrols in the high seas and maritime areas of interest to establish naval presence and a robust command and control to sustain all deployed Fleet and Marine forces.

Earlier, Department of National (DND) Defense Secretary Voltaire Gazmin said that scrapping the VFA could hurt Philippine military efforts to achieve a “minimum credible defense posture.”

He added that the country has gained a lot militarily from the VFA since its enactment in 1999.

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