Malaysian firm accused of dumping waste in Subic not covered by VFA

 MANILA, Philippines - The Malaysian company commissioned by the US military to service its Navy ships docked in Philippine waters, and was accused by Sen. Miriam Defensor-Santiago of dumping toxic wastes in Subic Bay, is not covered by the immunity granted under the Visiting Forces Agreement (VFA), Malacañang said yesterday.

In an interview with state-run radio dzRB, deputy presidential spokesperson Abigail Valte said the VFA Commission – a unit under the Office of the President – cannot make any investigation since Glenn Defense Marine Asia is a third party.      

“From what we understand, the VFA does not yet apply because this particular entity, Glenn Defense, is a third-party. So this is a third-party corporation and this does not fall under the VFA,” she said, setting the record straight.          

Besides, the Palace official clarified the Subic Bay Metropolitan Authority (SBMA) is already investigating the matter, and they are waiting for its report. 

“What we understand also is that the SBMA is already investigating this, and I think Sen. Miriam Defensor-Santiago has also manifested her intent to investigate this under the oversight functions of the committees in the Senate,” Valte said.

“Whoever is responsible for that area will be the front liner when it comes to environmental issues. Of course, it’s a point of concern for us but we’d like to wait for the results of the SBMA investigation,” she added.    

Santiago vowed to file a Senate resolution today calling for a legislative inquiry into the alleged dumping of toxic wastes by a US Navy contractor.   

The SBMA Ecology Center reportedly inspected the M/T Glenn Guardian, a tanker owned by Glenn Defense, last Oct. 15.                

Edilberto Acedilla, the tanker captain, allegedly claimed during the spot inspection that they were carrying around 50,000 gallons of domestic waste and 200 gallons of bilge water (a combination of water, oil, and grease), all hauled from a US Navy ship. Acedilla reportedly said the water in the tanks had been treated, and their usual practice was to dump these liquid wastes 20 nautical miles from Subic Bay.  

This is not the first time Glenn Marine is accused of environmental violations.  Santiago said that in 2011, the company was charged for dumping liquid waste a few miles from Manila Bay.

The case is still pending with the Department of Environment and Natural Resources (DENR).    

The lawyers of Glenn Marine alleged that their client’s vessels are servicing US Navy ships covered by the Philippine-US VFA, and that the issue should be resolved under the Presidential Commission on the VFA (VFACOM), and not the SBMA.                

Santiago said while the act of pollution by dumping hazardous wastes is within the scope of the VFA, it is a breach of obligation under Philippine law against pollution from ships. “Under the VFA, Glenn Defense Marine Asia could be characterized as United States personnel for the reason that under Article I (2), it is subsumed as ‘civilian personnel’ employed by the United States armed forces,” she said.              

“However, that Glenn Defense is a US personnel is only one of its legal characters. It is a Malaysian corporation with a legal status in Malaysian law engaged in a particular line of business and is hired by entities outside of the US armed forces. It is in this legal status that brings Glenn Defense within the sovereign prerogative of the Philippine government in the enforcement of environmental laws in its jurisdiction,” Santiago explained.        

Santiago added that since Glenn Defense Marine Asia is a US government contractor, the illegality of its acts of toxic dumping ceases to be an individual act, but a breach of obligation in international law attributed to its principal, the US government.    

The senator said the dumping of toxic wastes by Glenn Defense in Subic Bay was clearly illegal.

Probe on toxic waste dumping sought

A militant fisher group yesterday urged the government to assert its authority and conduct its own probe into the dumping of toxic waste in Subic Bay, instead of leaving the investigation to the US military.            

The Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said the US Navy should submit itself to the local authorities instead of pursuing its own investigation.           

Pamalakaya will file today a diplomatic protest letter to the US embassy in Manila to demand the immediate clean up of toxic wastes and unconditional pullout of all US military forces, warships and aircraft in Subic and other military establishments in the country.

“Please allow us to remind these American military officials that aside from their contractor, they too should also be probed for turning the Philippines into the largest septic tank for Washington toxic wastes outside the US mainland,” Pamalakaya vice chairman Salvador France said.

France urged the government to assert its jurisdiction on the matter and reject Washington’s parallel probe after US embassy deputy press attaché Cynthia Cook revealed that the US navy had initiated its own inquiry. Pamalakaya dared President Aquino “to call re-elected US President Barack Obama in Washington DC and tell him to clean up the mess created by an American navy contractor.             

“The US embassy in Manila will not allow their private contractor to be punished by the Philippine government. That’s for sure. The US government will do anything, everything to absolve the American navy contractor from any kind of obligation or responsibility to the Filipino people,” the group said.                

Pamalakaya said the toxic wastes could spread to nearby Manila Bay and affect the provinces of Bataan, Pampanga and Bulacan in Central Luzon, Navotas, Malabon, Manila, Pasay, Parañaque, and Las Piñas in the National Capital Region and the coastlines of Cavite.       

The militant group advised the SBMA to immediately file criminal and other appropriate charges against the US naval contractor and ground further operations of the Glenn Defense Marine Asia.  – With Ding Cervantes