IN AN OPEN RELATIONSHIP: PHILIPPINE FOREIGN POLICY AND RELATIONS

         The power and authority to administer international and foreign relations is vested upon by the Constitution to the country’s president in cooperation and coordination with the Department of Foreign Affairs (DFA). The secretary of DFA is appointed by the President in his full discretion. Currently, the Philippines has close relationships with developing Asian countries, South East Asian nations, and of course the United States. Philippine foreign policy has evolved in time from the country’s independence in 1946, the Martial Law era in 1972, the People Power Revolution in 1986, the closure of the US bases in 1991, and the Asian Currency crisis in 1998. It is important to know these antecedents in order to come up with an overview of Philippine international relations and to analyze the country’s future foreign policy.

            Martin Luther King, Jr. once said and to quote him “Freedom is not voluntarily given by the oppressor; it must be demanded by the oppressed”. Many critics say that the Philippine independence was “given” to us by our colonizers and that we owe our freedom to them but history tells us that Filipinos have shed blood and tears to gain back the freedom we naturally have. The Philippine’s exposure to foreign countries started from trade with the Malays and the Chinese during the pre-colonial period. In fact, the country has a good international and trade relations with its neighboring Asian countries. Until the Spaniards came to conquer our beloved Pearl of the Orient that we forgot the independence we once enjoyed. Over 300 years of Spanish colonization changed our very hearts and culture and one of the most important marks of this change is our Catholic faith. The Philippines was sold to the United States by Spain in the Treaty of Paris. The US got the Philippines through Benevolent Assimilation which in turn resulted into conflicts. Then there came the Japanese which the Filipinos resisted that finally in 1946, after four centuries, our independence is once again in our hands. But is it really absolute?

            In the administration of former president Carlos P. Garcia, he promoted the “Filipino First” policy wherein economically speaking, Filipinos should be encouraged to buy and sell our locally produced goods. The policy led to a somewhat closed market until the older Macapagal re-opened once again the gates of the Philippine economy to the free market of the world. In the Marcos regime, history showed us the close diplomatic relations with the international community that the Marcos couple established. They had grand parties inviting various foreign ambassadors to establish close ties with the Philippine government. In 1986, the Marcos regime ended and democracy has been restored from the chains of Marcos’ dictatorship. Obviously, Mrs. Aquino promoted democratic relationships with other Asian countries especially those who are also in the pursuit of promoting democracy.

These antecedents led to the current state of the Philippines’ foreign. According to an article entitled Roots of Philippine Policy written by Ramon Magsaysay which is published by the Council on Foreign Relations in their October 1956 issue, Philippine foreign policy is moved by three considerations: 1. National Security, 2. Economic Stability, 3. Political and Cultural relations with the free world. Just like the three great branches of the government, these three considerations are co-equal and have the same importance. The relationship of the Philippines and the United States help in achieving these three focuses. The close relationship can be attributed to the same beliefs and principles that both countries have in view of international policy. The Philippines is considered also one of the oldest allies of the US and it is evident in our support to the US endeavors such as the war in Vietnam and in Iraq where we sent troops in aid of the US forces.

In international organizations, the Philippines is also one of the initiators in peace relations and international community formations. The Philippines is a founding member of the United Nations, ASEAN, and the SEATCO. In pursuit of international relations stability, indeed the Philippines plays a big role which can be rooted to the history of our foreign relation during the colonial period. Though much has been affected in our culture by the colonizers, our experience in this time of our struggle for coping up with foreign forces and claim of independence honed the country’s ability to create good diplomatic relations with other nations. From US centered relation, the Philippines is now focused on open relationship with Asian nations.

According to an article published online by Princeton.edu, currently the Philippines is a member of various international organizations such as the United Nations, International Labor Organization, UNESCO, World Health Organization, ASEAN, Asian Summit, and World Trade Organization. In view of these memberships, it can be said that the Philippines gives equal priority to the three considerations of its foreign policy. It can now be affirmed that the country is in its way toward a provident member of the international community and on its way to a great name in the world.

           

Abrogating the VFA is Not the Answer

Each country wants to be secured from outside threats or attacks so the Philippines entered into a visiting forces agreement with the United States of America to strengthen its military force. The Philippines–United States Visiting Forces Agreement (VFA) is a bilateral visiting force which was ratified by the senate as required by the 1987 Philippine Constitution on May 27, 1999. Otherwise, VFA will not be enforced.

The VFA was crafted beautifully and its words are evident of thorough selection. Yet as the years unfold, controversies are sprouting everywhere which led to the review of whether it is time to abrogate the VFA.

From all the provisions of the VFA, criminal jurisdiction and custody of US troops who have violated Philippine laws is criticize by the Filipino people. While it is a general rule that Philippine laws apply to all, regardless of their religion, status, or nationality as long as the crime was committed within the Philippine territory. VFA is an exception to the general rule thus a US soldier who has violated Philippine law will remain in US custody during trial and even after a verdict has been issued. It is a fact that situations like that happen, Subic rape case, yet it is also a fact that the VFA helped a lot of Filipinos particularly the ones living nearby the military bases. I happen to have a conversation with a person living nearby the military base and that she told me that the presence of American soldiers in their place is such a blessing because more establishments were built. As an effect of those establishments, more jobs were offered.

Weighing the pros and cons of the presence of VFA in our country, I believe that terminating it is not the answer. Under separabality clause of a law, we strip off the invalid provisions and retain the valid provisions as long as the valid provisions are independent from the invalid provisions. Thereby, I humbly opine that let us not dwell much on the 1 or 2 defective parts of the VFA which is definitely outnumbered by its advantages. Instead of sternly fighting for the termination of the VFA, let us just ask peacefully for the duly constituted authorities to amend the defective parts. One mistake should not negate all the positive sides of VFA so let our elected officials prove to us that they have a genuine reason behind the ratification of the VFA. Sometimes all we have to do is to trust our own government.

FOREIGN POLICY REALITIES: Globalization and its social significance to the Philippines

One of the most important provisions of the 1987 Philippine Constitution which pertain to the framing of Philippine foreign policy is article II, Section 7 which states "the State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination." Consistent with this policy, Congress passed Republic Act No. 7157, otherwise known as "Philippine Foreign Service Act of 1991", in which mandates Department of Foreign Affairs to implement the three pillars of the Philippine Foreign Policy such as preservation and enhancement of national security, promotion and attainment of economic security and protection of the rights and promotion of the welfare and interest of Filipinos overseas. Along with these pillars are the foreign policy realities such as but not limited to international tourism, country's economic and social stability and domestic and foreign direct investments.

With the globalization comes the rise of previously unknown or little known states and countries. The Philippines is one such country that has benefitted in this way from globalization. The Philippines is now recognized by the world for its beautiful coastlines, beaches and hospitable people, it is one of the major tourist destinations of the 21st century. Not only does this create businesses and profit opportunities in the Philippines, but it also encourages others to learn more about the Philippines and its culture and traditions.

The developing world has a lot to gain from globalization. As civil liberties are recognized, trade and access to goods increase. From the profit made, more wealth and fortune are generated, lower prices, better goods are available and living conditions are much better, but critics claim that some countries will get richer and richer at the expense of the other countries and their people. On the other hand, globalization helps in combating poverty and lack of products.

While there are clear benefits from it, there are also negative effects regarding globalization. Globalization permits the interests of influential individuals, non-governmental organizations and companies to override the national interest of the states. For example, multinational corporations pressure governments to lower environmental standards and provide a lower wage labor force or risk the health of its people working in these corporations for new jobs and tax revenues. Despite of these consequences, globalization has a variety of possibility yet to offer. Governments have a very crucial role to play in overseeing these changes to avoid any negative effects to the states and make it as favorable as possible. 

Pillars of our Foreign Policy

The Philippines and its Foreign Relations

International relationships are an exceptionally important aspect of citizenship in a global society, as our world becomes smaller and smaller, through communication technology and a complex international economy, the value of peaceful and cooperative relationships between nations is increasingly important.

            Our foreign policy is based on the advancement of Filipino ideals and values, which includes the advancement of democracy and advocacy for human rights worldwide. There are three important aspects, some call it the “Pillars”, of our foreign policy; Protection of the rights and promotion of the welfare and interest of all Filipinos overseas; Promotion and attainment of economic security and Preservation and enhancement of national security.

            It is in my belief that the first two pillars have significantly improved, our government has given it much attention, Filipinos overseas have benefited from the efforts of our government, through the integrated programs they created, not just for the workers abroad, but also for their families left here. The economic security is also a main concern, our country maintains an excellent relationship with other nations, which creates more opportunities for international trade, promotes tourism and keeps our economic standards at par globally. I believe that the latter aspect must be prioritized, in our current conflict/ territorial dispute with China particularly the airstrip that is being built in the Mabini reef, Spratly Island, South China Sea, despite the protest, for me the act of our President in making this an international issue is correct, but the efforts are not enough, admittedly our resources are no match against China, it is like we are being bullied, at this point our foreign relation with the United States would be very advantageous, they can mediate, protect or give us important information on how can we solve the conflicts or achieve cooperation for the purpose of preserving and enhancing our national security.

            

FRIEND OR FOE

ASEAN INTEGRATION, to be implemented in 2015,  will bring about fair trade and equal opportunity to all its member states. This will mean that, there will be free, unimpeded flow of goods, services, investment and labor among its member states. But, this will also usher in fierce competition in business. Innovation, prices and technology will be the deciding factor. Our skilled workers can have a lot more opportunity as they can work anywhere in the region. But are they at par with other skilled workers from other Member States? Will it bring about more opportunity or just more competition? Will we bask in the sunshine of development or will it be a dog eats dog world come 2015?

Republic Act No. 7157, otherwise known as "Philippine Foreign Service Act of 1991”, provides for the 3 pillars of Foreign Policy:

1. Preservation and enhancement of national security

2. Promotion and attainment of economic security

3. Protection of the rights and promotion of the welfare and interest of Filipinos overseas.

Economic Security

On one hand, it will be a good opportunity for the Philippines to expand its economic reach, bringing in more businesses and investments in the Philippines. On the other hand, our Filipino First policy might present a crisis for our local policies. Embracing foreign business will usher in more jobs, more stable economic income, and faster growth in our economic development. But, having the foreign business giants here can also mean the end for our own small and medium enterprises as they will have no means to keep up with the competition. How then will we reconcile the Integration with our Filipino First Policy?

Protection of rights, welfare and interest of Filipinos Overseas

Member states will be open for skilled workers. They will not need to undergo the rigorous process of applying for the necessary working permits to work abroad. But it will also be true to skilled workers of other member states. What will be the edge of our skilled workers? Will other skilled workers be favoured by businesses in the Philippines, if they have more to offer? What will be the criteria for choosing skilled workers? Will there be a specific set of standards in terms of skills and compensation? Or will it still be at the discretion of businesses? In protecting the rights, welfare and interest of the Filipinos abroad, what will be the stand of the government in addressing rampant discrimination against Filipinos abroad, especially in Singapore?

Preservation and enhancement of national security

With us opening the doors wide open to our co-member states, how will the government keep us safe from foreign attacks? The Integration will make way for an open and free flow of goods, services, investments and labor. People and things will constantly be in and out of our country. Ports of entry will be overflowing. The number of imported goods will probably go up, way up.  A more strict security measures will be needed. Will the government be able to provide for the necessary security measures? How about the current dispute with Malaysia over Sabah? How will it affect the Integration? Or rather, how will the Integration affect the Sabah situation?

No doubt that this Integration will bring about change. But we must ask: will this change be for our own benefit, or will we be eaten up by our neighbors? Will this be a friendly economic development? Or will this be a dog eats dog world from now on? Can we keep up?

I don’t have much to say. I only have questions that need to be answered. And, whether they be answered or not, there is a certainty that we need to brace ourselves for this huge change. Is the Integration for the better or for the worse of our country? Only time can tell.

Upholding International Decisions

The Philippines has always been active in strengthening its ties with the international community. We see this as early as 1945, when the Philippines was one of the 51 countries (now, 193) to sign the United Nations (UN) Charter in San Francisco (thus actually making our country one of the founders of the UN). 

At present, we continue to actively participate in the UN’s General Assemblies and sign beneficial treatises to show support to their ideals and their vision of making “the world a better place”[1]. To this date, the Philippines has signed at least a thousand treaties[2], and one of them is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which was signed in 1980 and ratified in 1981. Back in 2008, a case was filed in the UN by Karen Vertido, a Filipina from Davao, who invoked certain provisions of the CEDAW. In a nutshell, Vertido accused a prominent businessman of rape but was acquitted by the RTC judge for failure of Vertido to escape especially when the accused was already 60 years old. The UN then transmitted its decision to the Philippines stating that “the State party has failed to fulfill its obligations and has thereby violated the rights” of Vertido while recommending actions on the said case. However, in a response by the Philippine Government (through the Department of Justice), it said that Vertido was not able to exhaust all the available local remedies and that the State shall “uphold the independence of its judiciary which has exclusive jurisdiction to determine the guilt or innocence of an accused.”[3]

  

Another treaty, which is one of the most recently signed (just last 2011) by the Philippines, is the Rome Statute of the International Criminal Court (ICC). The ICC aims to be an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. 

Both treaties are interesting to look into because, as an effect of globalization and the opening of our doors to international communities (and vice versa), our human rights become more vulnerable to abuse and exploitation.  The more our kababayans cross borders, the more it becomes difficult for our government to ensure their protection (especially that we generally adhere to the principle of territoriality, thus limiting the prosecution of crimes committed within our borders).

As signatories to such human rights treatises (among other more), offenders against our kababayans abroad may be prosecuted and convicted. But how can we expect that other signatory countries will respect the decisions made by it when we cannot even uphold an international decision made a few years ago against a Filipino businessman? 

I believe that ratifying these treaties should not be the end but a start of a process. Under our Constitution, the Executive Branch signs, the Legislative Branch concurs, and, in this case, the Judiciary Branch would be the most affected because now it would have to, at some point, recognize decisions by an international court. It is important that mechanisms (i.e., procedures) be in place.

The Karen Vertido case should not happen again where Filipinos—either here or in another country—who wish to seek redress from the ICC would have no idea on how to go about, thus the rejection of the State Party of its decisions. Ultimately, the goal of every signatory country, including and especially the Philippines, is to ensure that these treatises are not taken for granted, its benefits and advantages are not to be wasted, and its objectives and goals are not to be in vain.  

 

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[1] http://www.un.org/en/aboutun/index.shtml 
[2] https://treaties.un.org/Pages/UNTSOnline.aspx?id=3 
[3] http://www.pcw.gov.ph/sites/default/files/documents/efiles/webmaster/philippines-response-karen-vertido-case.pdf

“One Vision, One Identity, One Community.”

-Association of Southeast Asian Nations Motto

Asia is the largest continent around the world. It is a diverse region of the globe. It is rich of different histories, cultures, traditions and societies. Given those different roots something big is coming in its southeast region by the year 2015. Such change would revolutionize the international relations of the members of the Association of Southeast Asian Nations (ASEAN) in the aspects of economics (trade and business), politics (security and defense) and society (education and tourism/foreign relations) [1]. And such event would surely recreate the geopolitical map of the region.

ASEAN was established and founded on August 8, 1967 by its five forefathers (Foreign Ministers of Indonesia, Malaysia, Philippines, Singapore and Thailand) [2]. Its main goal and advocacy is to establish a strong Southeast Asia in the aspects of economics, politics and society. The organization aims to establish a centralized trade system among the neighboring members and better job opportunity for the foreign workers belonging to the member countries of the organization, enhance defense security for area patrol around the area and joint military enhancement programs, and increase student exchange programs and integration of schools to the national standards. For almost 50 years, the organization is   doing what it can to improve the region. Making it at its best and competitive for the whole world. And as of today, it is now comprised of ten strong members (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) [3].

Such vision of the organization aims to maximize the possible enhancement and development of the country and the region. As of the Philippines position, this foreign political, economical and social relation had helped the country for quite a while. Overseas Filipino Workers (OFWs) get to have better benefits from the member countries of the organization and they receive well treatment. On 2007, free trade for some products and lesser tariffs are implemented to help businessmen and entrepreneurs. Mutual military training and enhancement is exclusively exercised between neighboring members. And lastly, increase of foreign student enrollees signifies the improvement of the country’s education and qualification to the international standards.

This foreign policy constructed by the ASEAN for the coming 2015 is not just a mere event but a long time process of improvement and development. The organization aims to achieve progress of each and every member in a unified process. The organization has always lived through its motto that the Southeast Asia region must have one vision, one identity and one community to achieve further economical, political and social improvements [4].

[1],[4] http://www.asean.org/news/asean-secretariat-news/item/asean-community-2015-and-beyond

[2],[3] http://www.asean.org/asean/about-asean/history