Australia sees ratification of SOVFA with RP

MANILA, Philippines - Australia remains hopeful that the current Senate will ratify the Philippine-Australia Status of Visiting Forces Agreement (SOVFA) even if there are only four session days left.

Australian Ambassador Rod Smith said their government is not impatient over the delay but remain hopeful that the SOVFA will be ratified.

“I think it’s likely that it will be ratified by the current Senate. There’s very little time left. We’ll see,” Smith said during the annual Journalists’ Reception hosted by the Australian embassy on Monday.

“These issues are complex and all legislatures have their own priorities and we are very confident that the Philippine Senate will get to the SOVFA when the time is right,” he said.

SOVFA sets the legal framework concerning the rights and obligations of the visiting forces of the Philippines or Australia and the status of those forces when in the other country.

The Department of Foreign Affairs (DFA) urged Senate concurrence of the treaty amid opposition from some sectors of society.

Under the Constitution, a treaty or international agreement must be accepted by at least two-thirds of all the members of the Senate to be valid and effective.

The DFA said that the SOVFA will benefit the Philippines in terms of education and training, capacity building, humanitarian assistance and disaster response. The SOVFA also provides for systematic sharing of information, resources and best practices, which would aid in the modernization and professionalization of the Armed Forces of the Philippines.

Australia and the Philippines have already been conducting joint military exercises, but these are only covered by a memorandum of understanding (MOU) signed in 1995.

The MOU does not have the legal effect of a treaty. On the other hand, SOVFA will be binding in international law, the DFA said.

SOVFA represents an improvement over the MOU by providing a transparent and accountable set of legal and administrative rules governing the temporary presence of military personnel in either country, the DFA said.

For instance, SOVFA will provide clearer rules on issues such as entry-exit guidelines, criminal jurisdiction and custody, and environmental protection.

“The SOVFA does not involve any permanent basing of forces or military facilities in either country,” Smith clarified. “It is made and pursued to only address issues regarding the temporary presence of Australian forces in the Philippines.”

Australia already has similar agreements with France, the Kyrgyz Republic, Malaysia, New Zealand, Papua New Guinea, Singapore and the US.

President Arroyo and then Australian Prime Minister John Howard witnessed the signing of the SOVFA at Parliament House in Canberra during her state visit to Australia in June 2007.

Australia said SOVFA would enhance defense and counter-terrorism capabilities of both countries, provide education and training, capacity-building, and humanitarian and disaster/relief assistance. 

Once signed, the Australian government has pledged to provide grants for military training in order to upgrade the capability of Filipino soldiers.