Creeping invasion? No provision in EDCA

MANILA, Philippines - China’s perceived creeping invasion or effective occupation of disputed areas in the West Philippine Sea has not been discussed in negotiations between the Philippines and the US on military agreements.

Speaking to reporters, Defense Undersecretary Pio Lorenzo Batino, chairman of the Philippine panel that negotiated the Enhanced Defense Cooperation Agreement (EDCA), yesterday said their mandate was to negotiate an accord that would further implement the Mutual Defense Treaty and the Visiting Forces Agreement.

“The policy is already set forth under these treaties,” he said.

“Your question would already pertain to possible amendment or enhancement or refinements of these treaties, which we apologize we cannot answer because that is not within our authority.”

Batino said the Mutual Defense Treaty provided for an external armed attack.

“With respect to its application for future, if any, incidents, that would be determined based on the circumstances involved,” he said.

Batino said the Department of National Defense (DND) would yield to pertinent agencies like the Department of Foreign Affairs (DFA) on these matters.

They could understand the concerns, but the existing agreements would only deal with external armed attacks, he added.

The Mutual Defense Treaty would cover disputed areas in the West Philippine Sea in case of an external armed attack, he added.

Batino said the regional security environment had always been a serious topic of discussion outside of the negotiations during bilateral strategic dialogues between the Philippines and the US.

“So, of course, we cannot negotiate in a vacuum,” he said. “We know that there are security concerns in the evolving security environment.”

Batino said EDCA is centered on the enhancement or the development of defense cooperation between the Philippine and US militaries through joint training exercises to achieve a high level of interoperability, especially in times of disasters.

“EDCA will bring us to a higher level of defense cooperation,” he said.

“In fact, for the Philippines it is stated – at least for the Armed Forces of the Philippines modernization – it is stated there that EDCA will promote the long-term modernization of the AFP, as well as address our short-term capability gaps.”

Phl to benefit from EDCA

Ambassador to Malaysia Eduardo Malaya, a member of the panel that negotiated the EDCA, said the Philippines will benefit from the agreement.

“As we have stated, we think that this agreement is mutually beneficial,” he said. “And it may benefit the US to a certain extent, but certainly it benefits the Philippines and, in our view, even more.”

Malaya said the panel was happy that they were able to conclude the agreement in a timely manner and “there is no need to rush” the details.

“We can take things one at a time, given the framework agreement that we now have,” he said.

Negotiations were undertaken based on evolving “geopolitical realities,” Malaya said.

Batino said the Philippine military lacks some defense equipment that EDCA could address in the face of regional security concerns and the country’s territorial dispute with China.

“EDCA defines one of the objectives… addressing of short-term capability gaps of the AFP,” he said. “And there is language here in EDCA that provides that the parties share a recognition of the benefits that such pre-positioning could have for humanitarian assistance and disaster relief.

“The parties also recognize the value of such pre-positioning to the enhancement of their individual and collective defense capabilities, again, in reference to the mutual defense capability objective of the Mutual Defense Treaty. The availability of pre-positioned equipment, for us to address our concerns in humanitarian assistance and disaster relief, is very important.”

Batino said EDCA provides that new facilities that the US would introduce with the consent of the Philippines would become Philippine government property.

“Again, connecting this with the AFP modernization program, one component of which is bases development and support. This would be very helpful in that component of the AFP modernization program,” he said.

Batino said EDCA will also be beneficial for the Philippines’ maritime security, maritime domain awareness and humanitarian assistance and disaster relief.

“In fact, the present Balikatan exercises are already centering on maritime security, and this is just one of the manifestations that the Philippine security concerns are being prioritized through the joint training exercises. And also, we can be assured of the continued prioritization of the concerns, primary concerns of the Philippine defense and security establishments,” he said.

Batino said they are now preparing for the presentation of EDCA and its features before Congress and for a possible legal challenge before the Supreme Court (SC).

“This pushed us to even negotiate even more vigorously for language that would be defensible under the Philippine Constitution and under relevant laws,” he said.

Batino said the environment had been greatly protected and promoted in the negotiations on EDCA.

“Nowhere in our former treaties or agreements with the US were there expressed provisions, robust provisions for environmental protection,” he said.

Batino said the provision did not limit environmental protection measures within military bases.

“It covers all defense cooperation activities that are implemented under EDCA… (and as) joint activities between the Philippine and US militaries,” he said.

Batino said EDCA also provides that nuclear weapons are prohibited for all defense cooperation activities between the Philippines and the US.

“We have to make distinction though between nuclear weapons and nuclear technology,” he said.

“With respect to the aircraft carrier, an aircraft carrier having nuclear power, that is allowed. Because I don’t think it is wise to prohibit use of nuclear technology, because if we go into absurd circumstances, that would even include probably X-ray.”

‘EDCA is not income generating’

Batino said EDCA is a defense cooperation agreement, not a transaction to generate income.

“That was not the purpose for EDCA,” he said.

“We think that through the defense cooperation that will be implemented here, the benefits that will be enjoyed by both the AFP and the US militaries would be mutual. Secondly… it’s also consistent with the provisions of the VFA that landing charges or port charges – that US militaries would be exempt from all of this governmental jurisdiction, such as port charges and landing charges. It is in recognition of the rule that a sovereign power does not have jurisdiction over another sovereign,” Batino said. – With Christina Mendez, Bebot Sison Jr., PiaLee-Brago