Joker seeks review of SOVFA

MANILA, Philippines - Sen. Joker Arroyo expressed alarm yesterday over the reported abuses involving the Australian military, prompting him to reiterate his call that the Philippine government should review the Status of the Visiting Forces Agreement (SOVFA) with Australia.

Arroyo again expressed his concern after Australian Prime Minister Julia Gillard raised the possibility of convening a Royal Commission, a major investigative body occasionally used by the British-led Commonwealth, to investigate sensitive public issues.

In a phone interview, Arroyo said there is more reason for the Philippine Senate to be “wary of the proposed SOVFA, until the matter is clarified.”

“We shouldn’t be rushed into acting on the SOVFA until the Australian government has finished the investigation,” he said.

The senator said one of the stickiest points in the country’s defense agreements with the US has nothing to do with defense but the acts committed by US servicemen, like sexual crimes.  

The New York Times has reported details of numerous cases of physical and sexual abuse of minors in Australia’s armed forces dating back to the 1950s.   This prompted Gillard to suggest a high-level public inquiry.

The cases, made public by the Australian Broadcasting Corp., discussed the full executive summary on the findings of an investigation into hundreds of accounts of sexual abuse across the military. 

The latest accusations followed other high profile scandals in the military, including incidents of sexual assault, possession of child pornography and illegal drug use; and reports of “predatory sexual and drunken misconduct.”

“Now, we would have Australian soldiers in the country. The possibility of sexual acts committed by Australian servicemen assigned to the Philippines on our women and minors must be considered carefully,” Arroyo said, adding that prudence dictates that the Philippines should wait for the findings of the Australian government. 

“Remember, if such sexual acts allegedly committed by Australian servicemen on Australian minors are found to be true after investigation, that too, can happen on our own minors,” the senator said. 

Contentious

Senators Arroyo, Miriam Defensor-Santiago and Ferdinand Marcos Jr. have expressed reservation on the move to concur with SOVFA prior to Congress’ sine die adjournment last month.

They were joined by Senators Sergio Osmeña, Ralph Recto, Manny Villar, and Aquilino Pimentel III when the treaty was put to a vote on second reading last June 6.

During the debates, Arroyo noted that the agreement remained in force even though the Senate did not concur with it since 2007.

Last month, Santiago noted in her closing argument the essential similarities between SOVFA and the Visiting Forces Agreement (VFA) with the United States.

Without the SOVFA, Australian troops will be subject to the laws of the Philippines as ordinary tourists. 

“They want special treatment... What Australia wants is to secure the legal guarantees and exceptions it accords to (US),” she said.

Even without the SOVFA, Santiago said Australia can send troops to the Philippines with its approval.

A former chair of the Senate committee on foreign relations, Santiago debated with incumbent chair Sen. Loren Legarda over issues of criminal jurisdiction.

She also pointed to concerns raised when US soldier Cpl. Daniel Smith was accused of raping a Filipina in 2005 and the repercussions of the SOVFA in future criminal cases.

Legarda said the SOVFA is an improved version of the US-VFA. She said there is a different security situation and geo-political landscape in the country compared to 1999.

“There is a different threat then and now,” she said.

She noted that the Philippines does not have enough resources to address the modernization of the armed forces, and as such, training under SOVFA will be a big help to the military.

Legarda said there were provisions included in the SOVFA to ensure that the Philippines will have an advantage on the issue of criminal jurisdiction.

She explained that provisions were meant to avoid the repeat of the case of Corporal Smith.  

Smith was eventually acquitted after the Court of Appeals reversed the conviction of the lower court and ordered his immediate release.