US counterterrorism aid to continue despite Balikatan cancellation

The US military will continue to assist and advise the Armed Forces of the Philippines on counter-terrorism despite the cancellation of the annual Balikatan joint military exercises scheduled for February next year.

Maj. John Redfield, spokesman for the US Joint Special Operations Task Force-Philippines (JSOTF-P), said the principal mission of the US forces in the country is to assist their Filipino counterparts in the fight against terrorism and that the Balikatan is just an added security program.

"The JSOTF-P will continue to advise and assist the Armed Forces of the Philippines — our counterpart," Redfield said in Zamboanga City. "The standing mission has not been affected."

The US canceled Balikatan following its failure to get custody of convicted rapist Marine Lance Corporal Daniel Smith, who is detained at the Makati City jail. Makati Judge Benjamin Pozon sentenced Smith to 40 years in prison for raping a Filipina publicly called "Nicole," in Subic more than a year ago. Pozon rejected a plea by Smith’s lawyers that the convicted Marine be placed under US Embassy custody while an appeal on his case is being heard.

Redfield said that after the announcement of the cancellation of Balikatan, American soldiers held humanitarian activities at an orphanage in Zamboanga City.

American troops, he added, continued to provide technical assistance to Filipino soldiers hunting members of terror groups Abu Sayyaf and Indonesia-based Jemaah Islamiyah.

He said US Navy P-3 Orion spy planes still regularly fly over Sulu sending intelligence information to Filipino forces on the ground. Redfield also cited the presence of a significant number of US troops in Sulu even after the decision to cancel Balikatan.

But the US also stands to lose with its cancellation of the Balikatan exercises, according to AFP spokesman Bartolome Bacarro. He said American soldiers had learned immensely from their Filipino counterparts, especially in terms of jungle warfare and survival techniques.

"The training is symbiotic. They learn from us guerrilla warfare. So it’s also a training opportunity loss for them," he said.

"It’s very unfortunate that this thing (Balikatan suspension) happened. Indeed, the AFP will be missing a lot," he said.

A visiting US official said recently that troops deployed in Iraq and Afghanistan had gained much from Balikatan.

Meanwhile, Sen. Alfredo Lim said there is basis in the Visiting Forces Agreement for the US to demand custody of Smith.

Lim, a lawyer, said the US Embassy is right to claim custody of Smith because his conviction is still being appealed.

He said paragraph six, article five of the VFA states that jurisdiction over US personnel shall immediately reside with the US military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.

"Judicial proceedings as used in the treaty refers to the entirety of the judicial process in the case till its final resolution by the appellate court. This is underscored by the fact that the treaty uses the adjective ‘all,’ which means entire or total and connotes several stages," Lim said in a statement.

Lim also pointed out that the US government did not ask the Philippines to waive its jurisdiction over the case saying the US relied on the capability of Philippine authorities to comply with the terms of the VFA.

Right after Smith’s conviction, the Department of Foreign Affairs and the US Embassy entered into an agreement allowing US custody of Smith. This was rejected by Pozon.

The Office of the Solicitor General is asking the Court of Appeals to overturn Pozon’s decision.

"An agreement between the Executive Branch and the US Embassy as to where Corporal Smith should be detained is a political decision of the Executive department and conclusive upon the Philippine courts that must be respected and implemented in order not to embarrass the Executive arm of the government," Lim said.

"Such ineptitude might have serious repercussions on the economic and military ties of the country with the United States that must be mended and forthwith attended to with political will," he said.