Akbayan party-list Rep. Walden Bello and Sen. Miriam Defensor Santiago on Monday filed a joint resolution calling for the termination of the Visiting Forces Agreement (VFA) with the United States, claiming the US is using the treaty to evade accountability for the crimes its soldiers are implicated in.
House Joint Resolution No. 19 and Senate Joint Resolution 11 cite as bases for the VFA’s termination the acts committed by US personnel on Philippine soil that are contrary to the 1987 Philippine Constitution, human rights standards, criminal statutes, and norms and standards concerning the protection and conservation of the environment.
The proposed joint resolution also directs the Foreign Affairs Secretary to serve notice of the VFA’s termination to the US government.
"This is a resolution whose time has come. We're happy to be together with the office of Senator Miriam Defensor Santiago in filing this," Bello told reporters after filing the proposal.
"This is a resolution whose time has come. We're happy to be together with the office of Senator Miriam Defensor Santiago in filing this," Bello told reporters after filing the proposal.
Bello said the killing of transgender Jeffrey “Jennifer” Laude allegedly by a US Marine earlier this month is just the latest addition to the list of offenses committed by the US since the VFA was ratified in 1999.
Private First Class Joseh Scott Pemberton is facing a murder complaint in connection with the killing of Laude on Oct. 11 in Olongapo City. At present, Pemberton is detained in Camp Aguinaldo.
Santiago said aside from the inequity of the VFA on the jurisdiction and custody over US servicemen who have committed crimes in the country, she also called for its termination due to its unfavorable effect to the country’s sovereignty, environment, and human rights record.
Other US violations
Private First Class Joseh Scott Pemberton is facing a murder complaint in connection with the killing of Laude on Oct. 11 in Olongapo City. At present, Pemberton is detained in Camp Aguinaldo.
Santiago said aside from the inequity of the VFA on the jurisdiction and custody over US servicemen who have committed crimes in the country, she also called for its termination due to its unfavorable effect to the country’s sovereignty, environment, and human rights record.
Other US violations
In his resolution, Bello and Santiago enumerated the other supposed violations the US military has reportedly committed in the span of 15 years the VFA has been in place:
- -- the 2005 Subic rape case,
- -- the 2013 USS Guardian’s destruction of Tubbataha Reef, and
- -- the 2012 hazardous waste dumping by US Navy contractor Glen Defense Marine Asia.
Citing these incidents, Bello said it is clear “the VFA has not served the interests of the Philippines since its inception.”
“[T]here is a clear trend that the US government is not mindful in observing and respecting Philippine laws being violated by elements of its military visiting the Philippines,” he said, adding that the US has resorted to invoking the VFA to evade accountability every time its military personnel violate Philippine laws.
“The above-mentioned incidents show that the VFA is used to shield transgressions made by US military on Philippine soil and that the Agreement seriously infringe[s] our country’s ability to prosecute these criminal acts,” he said.
On the claim that the country needs the VFA against China, Santiago pointed out that the VFA does not imply that the US will come to Philippines’ aid, in case of a firefight with China over the West Philippine Sea.
“On the contrary, in 2013, then US secretary of state Hillary Clinton said that the US would be neutral,” she said.
On the claim that the country needs the VFA against China, Santiago pointed out that the VFA does not imply that the US will come to Philippines’ aid, in case of a firefight with China over the West Philippine Sea.
“On the contrary, in 2013, then US secretary of state Hillary Clinton said that the US would be neutral,” she said.
Different position from PNoy admin
A political ally of President Aquino, Bello nonetheless believes the VFA and the Enhanced Defense Cooperation Agreement (EDCA) signed by Philippine and US officials earlier this year are disadvantageous to national interest.
The EDCA is a 10-year defense pact that will allow an enlarged rotational presence of American presence in the country.
“We have made it quite clear to the President, the executive branch and the Department of Foreign Affairs that on the issue of the VFA and EDCA, we’re holding a different position from the administration,” he said.
Asked about Aquino’s response to the proposal, Bello said: “The President has told us he respects the difference [in our opinions].”
Aquino has maintained that there is no reason for the government to junk the VFA even after Laude’s death.
Bello expressed optimism his colleagues in the House will be more open to discussing the possible termination of the VFA following Laude’s death.
“It might look like an uphill battle at this point, but the situation is very fluid. Politicians, especially [those at the] center, are very sensitive to public opinion. This is a timely resolution we should be examining at this point because the Pemberton case is no ordinary case,” he said.
A similar joint resolution has been filed by members of the Makabayan bloc last October 16.
Senators' views
Whether the Philippines will be able to get custody of US Marine Private First Class Joseph Scott Pemberton, suspect in the killing of transgender woman Jeffrey “Jennifer” Laude, will be a factor on how senators will decide on the fate of Visiting Forces Agreement.
Meawwhile, Senator Francis Escudero said the real test of the VFA would come when the warrant of arrest against Pemberton was issued.
“The point of no return, I guess, or the real test case is when the warrant of arrest is issued. How vigorous will the Philippines be in asking for custody and will they get custody. Yun siguro ang aabangan ko at dun ko ibabase ang pasya ko kaugnay ng VFA,” Escudero said Monday.
Also, Escudero reasoned that the Santiago-Bello joint resolution can only persuade the executive branch to act on the treaty. “Sense of the House, sense of the Senate ang lalabas diyan because foreign policy is within the sole domain of the executive branch,” he said.
“The only participation of Congress is through the Senate in ratifying the treaties but we cannot cause the abrogation or order the abrogation or direct the abrogation of the treaty, it is only the executive who can do that,” the senator said.
Senate President Franklin Drilon and acting Senate Minority Leader Vicente Sotto III were both in favor of reviewing the VFA, particularly on the matter custody of soldiers. But neither were for the scrapping of the entire agreement.
Meantime, Escudero said the statement of Foreign Affairs Secretary Albert del Rosario that there would be no renegotiation seemed to have put an end on the on-going review of the VFA.
The senator, however, said he thinks Del Rosario was looking at other ways to clarify the VFA.
“Amendment kasi can come in the form of an amendment of the VFA itself or an amendment through subsequent agreements, parang EDCA (Enhanced Defense Cooperation Agreement). EDCA is simply an amplification of the VFA. Nothing is preventing them from entering into another agreement similar to EDCA that will amplify, clarify the provisions of the VFA,” said Escudero. — © Provided by RSJ/KBK, GMA News
Whether the Philippines will be able to get custody of US Marine Private First Class Joseph Scott Pemberton, suspect in the killing of transgender woman Jeffrey “Jennifer” Laude, will be a factor on how senators will decide on the fate of Visiting Forces Agreement.
Meawwhile, Senator Francis Escudero said the real test of the VFA would come when the warrant of arrest against Pemberton was issued.
“The point of no return, I guess, or the real test case is when the warrant of arrest is issued. How vigorous will the Philippines be in asking for custody and will they get custody. Yun siguro ang aabangan ko at dun ko ibabase ang pasya ko kaugnay ng VFA,” Escudero said Monday.
Also, Escudero reasoned that the Santiago-Bello joint resolution can only persuade the executive branch to act on the treaty. “Sense of the House, sense of the Senate ang lalabas diyan because foreign policy is within the sole domain of the executive branch,” he said.
“The only participation of Congress is through the Senate in ratifying the treaties but we cannot cause the abrogation or order the abrogation or direct the abrogation of the treaty, it is only the executive who can do that,” the senator said.
Senate President Franklin Drilon and acting Senate Minority Leader Vicente Sotto III were both in favor of reviewing the VFA, particularly on the matter custody of soldiers. But neither were for the scrapping of the entire agreement.
Meantime, Escudero said the statement of Foreign Affairs Secretary Albert del Rosario that there would be no renegotiation seemed to have put an end on the on-going review of the VFA.
The senator, however, said he thinks Del Rosario was looking at other ways to clarify the VFA.
“Amendment kasi can come in the form of an amendment of the VFA itself or an amendment through subsequent agreements, parang EDCA (Enhanced Defense Cooperation Agreement). EDCA is simply an amplification of the VFA. Nothing is preventing them from entering into another agreement similar to EDCA that will amplify, clarify the provisions of the VFA,” said Escudero. — © Provided by RSJ/KBK, GMA News
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