THE Visiting Forces Agreement (VFA) between the Philippines and the United States is currently a subject of contention among lawmakers in the Philippines.
Sen. Miriam Defensor-Santiago has been a staunch advocate for its abrogation, especially since US soldiers were killed in an explosion in Jolo just this week. She said that "the soldiers weren’t supposed to be there, as their presence in the alleged landmine made the area a war zone."
Cebu Rep. Antonio Cuenco begged to disagree. Cuenco asserted that the Americans play a vital role in countering terrorism. Zamboanga del Sur Rep. Antonion Cerilles argued that the Americans were victims because they were on their way to do humanitarian works and were not in combat.
"There is much more to it than you can see on the surface. You know, we are not alone in this world. There are possible dangers ahead. We cannot anticipate all the contingencies. We have to accept the fact that we are a weak country, we do not have the means to defend ourselves. We need friends," Enrile added.
It is unavoidable for Filipinos to have mixed feelings about having US troops on Philippine soil. After all, the ratifi cation of the said agreement by the Senate in 1999 carries with it special rights and privileges for American soldiers and civil employees of the US Department of Defense.
The VFA is a form of Status of Forces Agreement (SOFA), but SOFA is for countries who have US bases in their soil. When the US still had military bases in the Philippines, the SOFA was included in the RP-US Military Bases Agreement.
The VFA was signed at a time when there were no longer US military bases of facilities in the country. Essentially, it clarifi es the terms under which the US military is allowed to operate. It is mainly concerned with the legal issues associated with military individuals and property, as well as crimes committed.
Many Filipinos believe that the VFA is against the provision of the Philippine constitution for "equal protection before the law." The special rights and privileges afforded to uniformed and civil members of the US Defense Department is not something that is freely given to ordinary Filipino citizens.
One of the most controversial situations that tested the VFA was the Subic rape case fi led by a Filipina against American soldiers in 2005. Many felt that the VFA hindered the trial proceedings and disregarded the power of our judicial system.
The long-standing alliance between the US and the Philippines has been tested time and time again. The abrogation of the VFA may sour the relationship at a time when the country is in a state of calamity and is in dire need of international aid and assistance for rescue and relief operations. As sublime as our lawmakers’ intentions maybe for our country’s best interest, now may not be the best time to burn bridges with those who are capable of getting us out of this chaotic situation. (AJPress)
( Published October 3, 2009 in Asian Journal Los Angeles p. A12 )
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