On 4th of July, Makabayan party-lists seek repeal of VFA, EDCA

MANILA, Philippines — Members of the Makabayan bloc at the House of Representatives have filed measures seeking a repeal of defense agreements with the US as the treaty ally and former colonizer marked the 245th year of its independence.

Jluy 4 in the Philippines is also Republic Day and sometimes also called Filipino-American Friendship Day to mark the US' recognition of the independence of the Republic of the Philippines on July 4, 1946.

Rep. Arlene Brosas (Gabriela Women’s Party), Rep. France Castro (ACT Teacher’s party-list), and Rep. Raoul Manuel (Kabataan party-list) have filed three measures seeking to terminate the Visiting Forces Agreement with the US, investigate the deployment of unmanned aerial vehicles (UAV), as well as the overturning of the Enhanced Cooperation Agreement (EDCA).

Terminate the VFA

• What is the VFA: It allows the US to station military troops in the Philippines and conduct military exercises through activities such as the yearly “Balikatan” (shoulder-to-shoulder) in the Philippines. 

• What Makabayan wants: The VFA should be terminated following abuses of US military personnel against women, children, and the LGBT community on Philippine soil.

• Context: Two cases have been filed against US Marines for abuses:
  
  US Marine Lance Corporal Daniel Smith was convicted for the rape of Filipina “Nicole” in 2005, but he was later on acquitted. Smith’s custody under the US government sparked debate, as three groups of petitioners argued that he should be in the custody of the Philippines.
  
  In 2014, transgender woman Jennifer Laude died in the hands of US Marine Lance Corporal Joseph Scott Pemberton. Pemberton was convicted for homicide in December 2015, but former President Rodrigo Duterte would grant him an “absolute pardon” five years later despite promising Laude's family otherwise.

READ: Jennifer Laude's mom: Duterte said Pemberton won't walk free under his government

• What Makabayan says: Provisions under the agreement provide the US jurisdiction over US military personnel in case of a criminal offense.  

  By giving the US the cards in case its officers commit a crime, the VFA “essentially undermines Philippine sovereignty as it challenges the principle of territoriality in criminal offenses committed by US soldiers on Philippine soil,” House Resolution 18 reads.

Investigate UAVs

• What are UAVs?: The UAVs or unmanned aircraft systems (UAS) are equipment used for intelligence and monitoring.
   
• What Makabayan wants: An investigation on the deployment and operations of the UAVs in the country, which will be done by the House Committee on National Defense and Security.
  
  They also want the Armed Forces of the Philippines (AFP) to publicize the number of UAVs in the country, which should include those operated by foreigners.

• Context: The US deployed a Gray Eagle UAV in Mindanao in 2017 to "support the government’s operations against terrorists in Marawi City." Aside from surveillance, the aircraft may also be armed with missiles and bombs to attack targets on the ground. 

  They raised that the Gray Eagle is the US’ "weapon of choice for conducting targeted killings of alleged terrorists" in other countries. Kabataan, ACT Teachers, and Gabriela earlier filed a bill to repeal the Anti-Terrorism Act where, among other concerns raised, they said the definition of a terrorist is unclear. 
  
  The US also turned over P710-million ScanEagle UAS to the Philippine Navy in November 2020 and another P200-million worth of ScanEagle UAS to the Philippine Air Force in October 2021.

• What Makabayan says: They raised concerns that the UAVs might have already been used to harm Filipinos.
   
  "There has been no official record of the operations and missions of the deployed Gray Eagle drone in Mindanao, or that of the recently turned over ScanEagle drones, leading to suspicions that it could have been endangering the lives of Filipinos," the House Resolution 19 read.

Repeal EDCA

• What is EDCA: The agreement aims to promote the Philippine-US Mutual Defense Treaty through interoperability, capacity building through the modernization and strengthening the external defense of the AFP, maritime security, and through humanitarian assistance and disaster response. 

• What Makabayan wants: The EDCA to be abolished "to protect the welfare of the people, assert national sovereignty, and contribute to the geopolitical stability in the region."

• Context: Groups noted that the agreement paved the way for the Balikatan exercises to be expanded to the countryside that eventually affected local communities, with the party-lists noting that "the livelihood and communities of tamers, fisherfolk, and indiginous peoples who were banned from working on their farms and fishing areas during the said exercises."

• What Makabayan says: The lawmakers are now raising concern, saying the EDCA has turned the Philippines "into a virtual US military base in the Asia-Pacific region." It also allowed the entry of US military weapons, among them are those "that violated the constitutional ban on nuclear power."

They also said that the increased US military presence in the country has affected the Philippines' relationships with other countries, most notably with China.

The chances of these bills making it through the lower house or even to the committee level are slim. President Ferdinand Marcos Jr. has yet to clearly lay out his plans on both defense and foreign policy but has signalled warmer ties with the US than during the presidency of Rodrigo Duterte, who had actually ordered the VFA terminated but later walked it back.

The Department of Foreign Affairs notes that "the Philipppines is the oldest security ally of the US in Southeast Asia and one of the five treaty allies of the US in the Pacific region." 

The country has long been sourcing and been a recipient of military assistance from the US, supporting the Philippines' military's quest in modernization efforts. — Kaycee Valmonte