VFA working well—US embassy

MANILA, Philippines—THE 1999 Visiting Forces Agreement (VFA) between the Philippines and the United States has been “working very well,” according to the US Embassy in Manila.

The embassy cited the VFA for, among other things, making possible the May 15-19 visit here of the nuclear-powered carrier, the USS Carl Vinson, and its three escort vessels.

On May 14, US Ambassador Harry Thomas Jr. gave President Benigno Aquino III and other top government officials a special tour of the aircraft carrier from where international terrorist Osama bin Laden’s body was buried at sea after he was killed by a special US Navy team on May 2.

Thomas later told a reception at the Carl Vinson that the Mr. Aquino had “reaffirmed our historic defense and cultural alliances, and reiterated the Philippine alliance with the US.”

Partners

“Now and in the future, we will maintain our strong relationship, and we are dedicated to being your partners whenever you are in harm’s way,” he said.

Amid public criticism of the carrier’s visit to the country, Edilberto Adan, executive director of the Presidential Commission on the VFA, there was nothing irregular about the Carl Vinson’s port call.

He said it was an “approved activity” of the Philippine and US governments and was covered by the provisions of the VFA, the treaty that governs the conduct of visiting US forces here.

The warships docked at Manila Bay for “routine replenishment, maintenance of shipboard systems and crew liberty,” said Adan.

VFA review

In the past six months, the government has been reviewing the VFA, which a Department of Foreign Affairs official said was necessitated by Senator Miriam Defensor-Santiago’s call for the treaty’s abrogation.

Santiago said she personally did not like the VFA because the country has been getting “junk” military aid from the US when it should be getting more since it has been “acting as a lightning rod for the enemies of the US.”

Last October, US Embassy spokesperson Rebecca Thompson said the US embassy respected the Philippines’ decision to review the VFA, but maintained that the pact was “mutually beneficial” and remained a framework for partnership and cooperation between the two countries.

She credited the VFA for making “counterterrorism support possible, contributing to a safer future for all of us.”

Late last year, Thomas said the United States had no objections to a VFA review. But once the Philippine government “comes to an opinion” on the treaty, they would “need to be consulted,” he said.

No amendment needed

Thomas’ predecessor Kristie Kenney, who is now US ambassador to Thailand, said the VFA was working fine and needed no amendment.

Much of local objection to the VFA centers on the constitutional provision prohibiting the presence of foreign military bases, troops and facilities in the Philippines, “excepted under a treaty” ratified by the Senate and the people in a referendum and “recognized as a treaty by the other contracting state.”

The US Senate has not ratified the treaty as Washington regards the VFA as an executive agreement not requiring approval by the US Congress.

In a Feb. 11, 2009, decision, the Supreme Court said the VFA was duly concurred in by the Philippine Senate and had been recognized as a treaty by Washington.

The high tribunal also said the VFA was “simply an implementing agreement to the main RP-US Mutual Defense Treaty of 1951.” Jerry E. Esplanada