Maintain VFA for 5 more years — lawyer

In this Apr. 11, 2019 photo, Philippine and US Marines o from ship to shore in assault amphibious vehicles during an amphibious landing exercise at the Naval Education and Training Command training area in Zambales in support of exercise Balikatan 2019.
US Marine Corps/Lance Cpl. Isaiah Campbell

MANILA, Philippines — Lawyer Antonio La Viña, former dean of the Ateneo School of Government, on Thursday said that the country should maintain the Visiting Forces Agreement (VFA) for five more years. 

“Let’s tell the Americans [that they have five years but at the end of those five years], we have to be self-secure — that’s my position. Eventually, we’ll have to terminate the VFA but not now because we have no alternative and that will make [us] vulnerable [to] China,” La Viña said in a mix of Filipino and English during an interview on media platform Now You Know.  

The VFA, which was signed by the Philippines and the US in 1998, allows Filipino and American forces to hold joint trainings on Philippine soil. The Senate ratified the treaty in 1999 despite concerns that it would violate Philippine sovereignty.  

La Viña echoed these long-standing concerns, citing the unequal relationship between the two countries. 

“When American forces do something wrong, we cannot hold them accountable here. If only they could show that they hold their people accountable but they don’t. They are sent home, they might be discharged, but no charges are filed against them,” he said in Filipino. 

The law professor added that while he believes the VFA has kept us safe from invasion, it has done little to help us with other major sovereignty concerns such as the ongoing dispute with China over maritime territory. 

“From the point of view of being able to defend some of our territory in the West Philippine Sea, having the VFA did not really help with that… I think [the] problems is we rely too much on the VFA and [not] on our own selves. Particularly [a lack of trust] in the modernization of our military,” La Viña said in a mix of Filipino and English. 

Overall, he said that while he would prefer not to have the agreement at all —  its termination must be accompanied by a solid plan and time frame. 

Particularly, La Viña pointed towards the lack of planning in terms of external threats. 

“To be honest, [our forces] have no capacity right now because we are not building it. Our military’s problem is that they are only looking inwardly. They believe their mortal enemy is the [New People’s Army], and before that it was the [Moro Islamic Liberation Front]… Their defense should be external but they have not done the work to be independently secure,” he said in Filipino. 

VFA as it stands 

Last January, President Rodrigo Duterte announced his plan to terminate the VFA after his political ally and former police chief Sen. Ronald dela Rosa’s US visa was cancelled. 

Officials claim that the move was also in response to the US Senate resolution condemning the human rights violations in the Philippines and the demand of some American senators to free detained opposition senator Leila de Lima. 

However, Foreign Affairs Secretary Teodoro Locsin, Jr. last week announced that the president had ordered the suspension of the VFA's termination. The following day, Locsin said the coronavirus pandemic and "heightened superpower tensions" had prompted Duterte to make the decision.

Army chief Gen. Gilbert Gapay welcomed this decision, saying it would help the country as it continues to face the COVID-19 pandemic.

He also stressed the long-established relationship between the two states, anchored on the Mutual Defense Treaty.

However, Presidential spokesperson Harry Roque soon after maintained that the chief executive had not changed his mind regarding the termination of the agreement. 

“When it comes to the VFA, what was suspended was the process of termination. The president has no new decision when it comes to the termination,” he earlier said at a press briefing.

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