The Visiting Forces Agreement (VFA) a "historic document of inequity between a colonizer and its former colony," Senator Miriam Santiago renewed her call to scrap the agreement because of the "gross disparity" in the provisions of jurisdiction and custody. Santiago hit the provision in the agreement that grants the Philippines jurisdiction over US servicemen accused of crimes, but gives the US custody over them. On Wednesday, October 22, 2014 Santiago presided over the hearing of the Senate foreign relations committee on the killing of transgender Filino woman.The primary suspect in the case is 19 year old US Marine. Santiago said the unequal provisions of the VFA heavily favor the United States. [1] The senator in particular hit the provisions on jurisdiction and custody of US servicemen who commit crimes in Philippine territory. While the Philippines has jurisdiction over erring US officers, Article V, Paragraph 6 of the VFA states: “The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request.” But Santiago said this "gross inequality" in the provisions, among other things, "has given our country much grief". If the Philippines has primary jurisdiction, then it follows that the Philippines should have custody. But this logic is spurned by the VFA, the senator said. She added: "When the US requests custody, the Philippines is required to comply immediately. But when the Philippines considers it to be an extraordinary case and requests custody, the US is merely required to give full account." The senator said the VFA does not imply that US will come to our aid in case of a firefight with China over maritime disputes in the South China Sea. Santiago said the United States has consistently maintained that it adopts a neutral stance on the issue. She added that US President Barack Obama's "pivot to Asia" has been threatened by crises in other parts of the world, including the threat of the Islamic State of Iraq and Syria. "Sa ngayon, wala tayong halaga sa Amerika," she said. (As of now, we are of no value to America.) In her call to scrap the agreement, Santiago said the Philippines should do away with a document that ties it to an "unreliable ally. We are a stillborn state because our umbilical cord from the US has never been cut," the senator said. [1]
Philippine President Benigno Aquino rejected on Monday (October 20, 2014) calls to tear up the Visiting Forces Agreement with the United States after an American serviceman was charged with the murder of a transgender Filipino outside a former U.S Navy base. Under the Visiting Forces Agreement (VFA), the Philippines is supposed to exercise jurisdiction over such a crime. Some lawmakers and activists have called on the government to terminate the VFA unless the United States hands him over. [2]
"Why do we need to abrogate the Visiting Forces Agreement?" Aquino told reporters while in the central island of Leyte to commemorate the 70th anniversary of the start of the U.S. liberation of the Philippines in World War Two. "I mean, name me any place that doesn't have a crime. And the sin of one person should be reflective of the entire country? I don't think so. What is important is there was a crime, we should gather all evidence to prove the guilt and justice will be served." [3]
In Jakarta, U.S. Secretary of State John Kerry assured the Philippines Washington was not seeking special treatment for the American marine but wanted his rights protected. "We're not seeking a special privilege, that everybody's rights will be appropriately protected," Kerry told reporters after meeting his Filipino counterpart, Albert del Rosario."Due process will play out, and we will work with the Philippines in order to make certain that rule of law and the agreement are upheld."[4]
The incident was described as "unfortunate" and "tragic". We do have all the mechanisms in place so that justice can properly be served. They are making sure that everything that they are doing is based on the treaty, that the accused is available for both investigations in any and all judicial processes.
Katerina Francisco
Published 3:34 PM, Oct 22, 2014
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