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Senate passes resolution on VFA renegotiation

By Michael Lim Ubac
Philippine Daily Inquirer
First Posted 21:33:00 09/23/2009

Filed Under: Treaties & International Organisations, Military

MANILA, Philippines -- Without a single objection, the Senate on Wednesday passed a resolution calling on President Macapagal-Arroyo to serve notice to President Barack Obama to either renegotiate or terminate the two countries? Visiting Forces Agreement (VFA).

The chamber?s approval of Senate Resolution No. 1356 came shortly after Senator Miriam Defensor Santiago, chair of the Legislative Oversight Committee on the VFA (Lovfa), delivered a strongly worded speech asking the Senate to formally seek the re-negotiation, if not outright termination, of the 10-year-old agreement that governs the visit of US troops top the Philippines in the absence of any basing agreement.

The RP-US Visiting Forces Agreement has been weighed and found not only "void for vagueness" but also "a failure," Santiago said.

The chamber approved the measure on second reading before it adjourned. Even Sen. Richard Gordon, staunch supporter of the US because of its support for the country over the years, said he was open to a renegotiation.

Santiago opened the plenary debate by delivering a sponsorship speech on the proposed ?Resolution expressing the sense of the Senate that the DFA (Department of Foreign Affairs) should seek to renegotiate the VFA with the US, and in case of denial, should give notice of termination of the VFA.?

She said that while the United States called the Philippines "a major non-NATO (North Atlantic Treaty Organization) ally," it "treats us like a shabby country cousin."

"In return for the VFA, what we receive is paltry, mostly in the form of excess defense articles?in other words, US military junk,? said Santiago who was ironically among the 18 senators who voted in favor of the agreement in 1999.

The resolution was written by Santiago and signed by Senators Joker Arroyo, Panfilo Lacson and Francis Pangilinan.

It is contained in Committee Report No. 1356, which was approved by the Lovfa on Sept. 14.

Three other committee members?Senators Rodolfo Biazon, Gregorio Honasan and Richard Gordon?signed the resolution but with reservations.

According to Santiago, ?the fatal flaw of the VFA is the failure to specify the period of stay of visiting forces, and the failure to define what are the ?activities? that they can engage in while in Philippine national territory.?

She noted that the US government did not consider the VFA a treaty, but a mere executive agreement.

?The VFA is void for vagueness, because it fails to define the crucial terms ?visit,? ?temporary? and ?military activities,?? she said.

Santiago said that in effect, the VFA allowed US troops to stay indefinitely and opened the way to their engaging in other forms of military activities, even combat operations, ?short of establishing a permanent [US] military base.?

She cited an article written in 2004 by US Col. David Maxwell, commander of the Joint Special Operations Task Force Philippines, who said: "The [Philippine] Constitution does not prohibit combat operations and provides an exception to this if there is a treaty in force, and a treaty has been in force between the two countries since 1951."

?We have tried the VFA for 10 years and found it wanting," Santiago said, pointing out that "the power to determine the life expectancy" of the agreement belonged, not to the Senate, but to the Philippine President.

"Therefore, at the very least, this Senate should ask the executive branch of government either to re-negotiate or to terminate the VFA,? she said.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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