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Statement
February 25, 2009
Reference: Berna Ellorin, Secretary-General, BAYAN USA, email:
secgen@bayanusa.org
"JUNK VFA!" Filipino-Americans Cry as Thousands More US Troops Make Their
Way To Bicol
The US Chapter of Bagong Alyansang Makabayan, or BAYAN USA, an alliance of
14 Filipino organizations across the United States, condemns the arrogant
and costly continuance of the so-called "joint military exercises" between
US and Philippine troops known as Balikatan under the auspices of the
controversial Visiting Forces Agreement (VFA), despite widespread
opposition from the Filipino people. In April 2009, over 6,000 US troops
will be deployed to the Bicol region of the Philippines to join 2500
Philippine troops to launch the Balikatan 2, the continuation of military
exercises and practices as a so-called "counter-terrorism" measure for the
region.
It is utterly disappointing that while the world had reason to celebrate
the voting out of George W. Bush in favor of "change we can all believe
in", the Obama administration has decided to NOT CHANGE Bush's foreign
policy in the Philippines. This includes upholding the rotten and unequal
character of the VFA.
The terms of the 1999 RP-US Visiting Forces Agreement-- consisting of two
principal documents, VFA 1 and VFA 2, though on paper a joint military
agreement between two countries-- has been poorly implemented and abused
by both governments. The result has been a large wielding of heavy favor
and privilege to the US government while grossly minimizing, if not
diminishing, the Philippines' right to national sovereignty in military
and judicial affairs. One such example is stipulations on the "right to
jurisdiction" in cases of crimes committed by military personnel in both
countries.
VFA 1 stipulates that the US government retain jurisdiction over US
military personnel accused of committing crimes in the Philippines, unless
said crimes are "of particular importance" to the Philippines. Throughout
the history of the VFA, many have accused both government of using the
agreement to grant immunity from prosecution to all US military personnel
who commit crimes against Filipinos. Since the advent of US military
presence in the Philippines in 1899, no single US military personnel has
been tried and convicted for a crime committed on the Philippines UNTIL
2006, when a historical guilty verdict convicted Lance Corporal Daniel
Smith, one of four US marines stationed in the Philippines, accused of
gang raping a 22-year old Filipina woman in 2005.
While undergoing trial for nearly a year, the four remained under US
custody, despite growing unrest in the country to hand them over to
Philippine jurisdiction. Characteristically subservient and treasonous,
the Arroyo government bowed down in loyalty its foreign master and pushed
for the overtly-lopsided handling in favor of the US military during the
Subic Rape Trial. While three out of the four were eventually acquitted,
Smith was convicted. Shortly after conviction, Philippine authorities
turned-over Smith to the US Embassy in Manila, where he supposedly
remains, against the outrage of the majority of Filipinos who protested
for him to serve his time in a Philippine jail.
In stark contrast, VFA 2 stipulates that "confinement imposed by a United
States federal or state court upon a Republic of the Philippines personnel
shall be served in penal institutions in the United States suitable for
the custody level of the prisoners, chosen after consultation between the
two governments."
While historically abused and defended by Malacanang, we applaud the
patriotic and human rights-conscious elements in the Philippine
Legislature who are rising up to call for the termination of the VFA and
pointing out Malacanang's betrayal. House Resolution 458, calling for the
abrogation of the VFA, was filed last year mainly by representatives in
BAYAN MUNA and Gabriela Women's Party. But now the lingering question over
Smith's detention in the US Embassy has resulted in a number of Philippine
Senators, including Francis Pangilinan, Rodolfo Biazon, Pia Cayetano, and
Francis Escudero to support the abrogation the VFA on the basis of it
being utterly in opposition to the national interests and dignity of the
Philippine people. Senate Resolution 892, filed by Pangilinan last week,
deems the VFA violates the 1987 Philippine Constitution, which prohibits
the permanent presence of foreign troops in Philippine territory.
While the pact stipulates US military basing in the Philippines to be
"temporary", the truth is US military presence in the Philippines has no
genuine intention of leaving. In fact, under Bush-Arroyo framework of the
Philippines as the "Second Front" to the Global War on Terror, Balikatan
not only increased the number of US troops in the Philippines to the
thousands and paved the way for the construction of US military bases in
Mindanao, it paved the way for an increase in millions of US tax dollars
as US military aid to the country, a package that has been linked to the
proliferation of human rights violations committed by the Philippine
military. The presence of the so-called "temporary" US military bases and
economic aid has been largely hidden by both the US and Philippine
governments, but the concrete effects have been adversely felt by all
Filipinos in some way, shape, or form.
Just this week, the recent preparatory exercises of Philippine military's
901st Brigade for the coming of the US troops in Ligao, Albay that
resulted in the death of 16-month old Rafaella Polvorido and injuries to
at least six other small children and three women who were left
traumatized. This proves that the VFA not only sows military atrocities
against civilian Filipinos, it kills the most innocent as well.
Polvorido's case is just the latest in a long history of senseless
civilian deaths that have resulted in joint military agreements between
the US and Philippine governments since 1946, right after the US
government "granted" the country nominal independence.
At the same time, it is shameful that the Obama administration continues
to pay for the costliness of the Balikatan exercises at a time of acute
economic crisis. As more and more people in the US lose jobs, homes,
education opportunities, and access to quality healthcare, it is
unconscionable that the US government sends millions to the corrupt and
tyrannical Arroyo government who funnels the aid to Philippine death
squads.
Clearly, the VFA has historically sown not only human rights violations,
senseless killings, sexual terrorism against Filipino women and children,
aggressive armed conflict, and the trampling of Philippine national
sovereignty, it has advanced the Arroyo government's traditional
employment of deceit, betrayal, and secrecy at the expense of the Filipino
people's national interests. It also an unnecessary economic burden the
people of the US.
The VFA can not be reformed or suspended as a resolution. Only total and
complete termination of the VFA and assurance that no such agreement will
ever be entered into again can truly satisfy the yearning of the Filipino
people for genuine national sovereignty and human rights.
JUNK THE VFA!
US TROOPS OUT OF THE PHILIPPINES!
NO TO US MILITARY AID TO THE PHILIPPINES!
JUSTICE FOR RAFAELLA POLVORIDO & ALL VICTIMS OF US-RP MILITARY ATROCITIES!
TRANSFER RAPIST DANIEL SMITH TO A PHILIPPINE PRISON NOW!
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 |
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Subject: Filipino Youth in US Denounce Brutal
Dispersal in Anti-VFA Protest
FOR IMMEDIATE RELEASE
26 February 2009
Reference: Jonna Baldres, Secretary General, Anakbayan New York/New
Jersey, anakbayan_ny@
http://www.facebook.com/l.php?u=http://yahoo.com
Filipino Youth in US Denounce Brutal Dispersal in Anti-VFA Protest
Anakbayan New York/New Jersey strongly condemns the violent dispersal of
members of Anakbayan Philippines by the Philippine National Police at the
rally in front of the US embassy last February 25, a blatant attack on the
people's right to assemble and march on the streets.
About 400 rallyists from member organizations of Bagong Alyansang
Makabayan (BAYAN), including the youth mass organization, Anakbayan,
trooped to the US embassy in Roxas Boulevard in Manila to protest against
the intensive military operations and grenade firing by the Philippine
military's 901st Brigade last February 18 in Ligao City, Bicol killing a
1-year and 4-month old girl, Rafaela Polborido, and leaving 9 more
civilians wounded, 6 of whom were children.
The military offensive was believed to be a part of the preparations for
the Balikatan exercises which will resume in April 2009. Around 6,000 US
troops are expected to join 2,500 Philippine troops to carry out the
implementation of the Visiting Forces Agreement (VFA), a 10-year-standing
treaty between the US and Philippine governments said to be "mutual" but
which proved to be favorable only to the US.
This one-sidedness can be seen in the case of Lance Corporal Daniel Smith,
the US marine deployed in the Philippines who was the first to be
convicted of raping a young Filipina in 2005 but was granted immunity from
being held in Philippine jail as stipulated in the "right to jurisdiction"
that US military personnel who committed crimes in Philippine soil will be
held in US custody. Thus, Smith was kept in the US embassy since the
conviction. This does not follow with any personnel of the Philippine
Republic, who, once convicted in US territory by a US federal or state
court, will be held in any US prison. This, among other stipulations,
definitely does not show "mutual" respect between two nation's sovereignty
and judicial systems. One clearly has more advantages than the other.
The Arroyo government must have understood the mutuality of the treaty in
terms of allowing the US to bring in more troops and state-of-the-art
military equipment into the country, however, not serving the purpose of
strengthening the nation's defenses, but instead advancing their own
interests. This unilateral agreement seeks only to interfere with the
Philippines' civil, economic, political and military affairs and
collaborate with the fascist Arroyo regime to intimidate, repress and
murder the innocents.
In efforts of the Philippine
government to track down rebels, residents of communities across the Bicol
region -- for decades of being the hotbed of the New People's Army (NPA),
the armed wing of the Communist Party of the Philippines -- in turn, are
in danger of being forcefully displaced, harassed and stripped of their
properties if they are believed to be sympathizers of the NPA. This,
clearly, is not a sign of development, or of being beneficial to the
Philippines' military field. It is, we perceive, as desperate.
Following the recent events in the Philippines in which total disregard
for the Filipino people's rights has been non-stop, we, the Filipino youth
here in the US will not remain silent. It is only fitting to remind the US
government that the "help" it plans and continues to extend to the
Philippine government in extinguishing its own people comes from our
pockets -- the taxpayers' pockets. We, neither our parents, did not come
to this country to work and witness our hard-earned money turn into
truncheons and bullets only to be fired at our fellow Filipinos back home
-- helpless, young and innocent -- ending up in ashes, raped or beaten.
Sadly, the dream of books, classrooms and basic social services for the
Filipino youth, now more than ever, seemed too far-fetched with the
current US-Arroyo regime still in place.
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These atrocities inflicted upon our people shall remain so long as VFA is
in effect. And the only step we must take to end this nonsense is to be
one with the Filipino people in pushing for its repeal. ###
JUNK VFA!
STOP CRIMINALIZING THE FILIPINO YOUTH!
BOOKS NOT BULLETS FOR FILIPINO YOUTH!
WITHDRAW US MILITARY AID TO THE PHILIPPINES!
CONFINE DANIEL SMITH IN PHILIPPINE PRISON NOW!
JUSTICE FOR RAFAELA POLBORIDO & ALL VICTIMS OF
US-RP MILITARIZATION IN THE PHILIPPINES!
---------------------------------------------------------------------------------
News Release
February 26, 2009
Reference: Peter Arvin Jabido, NY Committee for Human Rights in the
Philippines, email: nychrp@gmail.com
Filipinos in NYC Condemn Violent, Bloody Dispersal of Anti-VFA Rally in
Manila by Police
New York-- Filipinos in NYC under the banner of the NY Committee for Human
Rights in the Philippines (NYCHRP), are speaking out against the brutal
treatment of activists in Manila marching to the US Embassy by Manila
Police Department (MPD) this week. One student activist, Jonathan Jimenez,
was rushed to a hospital after blows from a police shield bloodied his
head. The brutalized contingent was protesting and marching in opposition
to the Visiting Forces Agreement (VFA), a mutual defense treaty between
the US and Philippine governments that many have characterized as onerous
and unconstitutional.
"We condemn the Philippine authorities for their brutality against the
protesters exercising a legitimate right to assemble and march on the
streets. The VFA is a legitimate issue that even Philippine Senators are
opposing," states NYCHRP spokesperson Ramon Mappala. "Having been a
student activist protesting the Vietnam War in the 1970's and having lived
through the fascism of martial law under Marcos, this incident rings
disturbingly familiar and should sound-off as an alarm to all patriotic
Filipinos worldwide," Mappala added.
Jimenez was part of the BAYAN/Anakbayan contingent that marched towards
the US Embassy in Manila following up a recent Philippine Supreme Court
(SC) ruling that convicted rapist and US Marine Lance Corporal Daniel
Smith be transferred to a detention facility under Philippine jurisdiction
upon re-negotiations between the US Embassy and the Department of Foreign
Affairs (DFA). Talks between the two entities, however, have been
expectedly stalled.
After a historical conviction in 2007, Smith was handed over to the US
Embassy for detention. Both the US government and Philippine authorities
cited stipulations under the VFA on the handling of US soldiers convicted
of crimes on Philippine territory. But over a year later, with outrage
mounting on the streets over the trampling of Philippine sovereignty and
dignity, the SC ruling negotiations be re-opened is being coupled with
more and more Philippine Senators signing onto a bill to suspend or
abrogate the VFA.
Over 6000 US troops are scheduled to be deployed to Bicol this April to
for Balikatan 2, joint military exercises under the VFA. Earlier this
week, in preparation for Balikatan 2, ground exercises in Ligao, Albay
resulted in the death of 16 month-old Rafaella Polvorido.
"The abrogation of the VFA and upholding Philippine sovereignty is the
human rights solution," stated Mappala. "Thousands of our own people have
suffered gross indignities because of US military presence in the
Philippines, including rape, killings, and indiscriminate shootings. The
VFA must be terminated. There is no other way." ###
To view video of the anti-VFA dispersal by police, visit
http://www.gmanews.tv/video/37318 |
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Bayan Muna calls on House leadership to expedite hearings on House
Resolution 458 that calls for the abrogation of the VFA in light of the
many cases of US troops' violations of Philippine laws (Including the case
of Lance Corporal Daniel Smith).
Filed in February 12, 2008, HR 458 has been pending at the House Committee
on Foreign Affairs (headed by Cebu City Rep. Antonio Cuenco) since
February 22, 2008.
Initiated by Bayan Muna Reps. Satur Ocampo and Teddy Casino, coauthors of
the bill include Gabriela Reps. Liza Maza and Luz Ilagan and Anakpawis
Rep. Rafael Mariano (in place of the late Rep. Crispin Beltran who is a
signatory of the Resolution).
There should be no negotiations with regard to the transfer of Smith to
Philippine authorities since he was convicted for violating Philippine
laws in Philippine territory. He should be transferred to the National
Penitentiary in Muntinlupa City.
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FOURTEENTH CONGRESS
First Regular Session
HOUSE RESOLUTION No. 458
(filed February 12, 2008)
Introduced by Representatives SATUR C. OCAMPO, TEODORO A. CASIÑO, CRISPIN
B. BELTRAN, LIZA L. MAZA and LUZVIMINDA C. ILAGAN
RESOLUTION
CALLING FOR THE ABROGATION OF THE RP-US VISITING FORCES AGREEMENT
AS OUR EXPERIENCES UNDER THIS NINE-YEAR OLD AGREEMENT SHOW THAT ITS
ONEROUS PROVISIONS DENIGRATE PHILIPPINE SOVEREIGNTY AND IT PAVED THE WAY
FOR THE PERMANENT PRESENCE AND BASING OF US TROOPS IN THE COUNTRY WITHOUT
A TREATY THROUGH SUCCESSIVE MILITARY EXERCISES, THUS VIOLATING ARTICLE
XVIII, SECTION 25 OF 1987 CONSTITUTION
WHEREAS, our experiences in dealing with the cases of abuses and
violations of our laws by American troops who were in the country by
virtue of the Visiting Forces Agreement (VFA) show that the agreement is
riddled with provisions that undermine, if not totally render impossible,
the criminal prosecution of said US troops;
WHEREAS, the VFA provisions on the custody of the accused, prescription of
criminal prosecution and waiver of jurisdiction stand as the biggest
stumbling blocks to the right of the victims to seek justice and
ultimately lead to the loss of Philippine right to prosecute the
offenders, which is an affront to our sovereign power to enforce our laws
within our territory;
WHEREAS, the counterpart VFA II regulating entry of Filipino soldiers in
the US does not contain similar provisions as to waiver of jurisdiction
and prescription – a clear sign of the onerous imposition on the
Philippines by the US government which refuses to incur the same
obligations they impose on the Philippines;
WHEREAS, except for the Subic rape incident that has generated extensive
media coverage, the culpability of American troops in such incidents as
the mauling of Marcelo Batestil in Cebu City, the shooting of
Buyong-Buyong Isnijal in Tuburan, Basilan, the massacre of three of our
Moro brothers in Barangay Sipangkot, Umapoy Island, Tawi-Tawi, and the
shooting to death of Arsid Baharon in Barangay San Roque, Zamboanga City,
have not been thoroughly investigated despite the presentation of solid
evidence, thus relegating them into the archives of oblivion;
WHEREAS, even in the Subic rape case, justice has not yet been
satisfactorily served as the convicted American soldier, Lance Corporal
Daniel Smith, awaiting decision on his appeal, was surreptitiously taken
away from his prison cell in Makati City by American authorities with the
apparent acquiescence of the Philippine government and transferred to the
custody of the US embassy in violation of our Constitution and laws;
WHEREAS, this continued undermining of Philippine sovereignty through the
VFA has been made possible by the Philippine government’s own subservience
to American dictates;
WHEREAS, the act of a team of US Special Forces leading a convoy of
Philippine Marines on a combat mission near an MNLF area in Indanan, Sulu
on 14 August 2007 has been lamely explained by Philippine military
authorities as a site survey for possible areas where humanitarian
assistance and Balikatan exercises can be held;
WHEREAS, Master Sergeant Ron Berg and his team of US Special Forces have
not been sanctioned for unilaterally and arbitrarily ordering the
personnel of the Panamao District Hospital in Panamao, Sulu on 30 November
2007 to close the hospital during the night and threatening to shoot
anyone defying the order;
WHEREAS, Major General Reuben Rafael, Task Force Comet commander,
dismissed the US troops’ forced closure of the hospital as a mere case of
miscommunication wherein the Filipino hospital staff allegedly did not
understand the language of the American soldiers;
WHEREAS, the RP-US military exercises under the VFA have been scheduled
and conducted the whole year round, thus have practically allowed the
permanent presence of US troops in the country;
WHEREAS, Maj. Gen. Rafael has declared that US forces are digging in, not
moving out, and more American troops are coming when the training
exercises begins this February, which is contrary to the temporary
character of American presence as enunciated in the VFA and its Terms of
Reference;
WHEREAS, news reports say that 6,000 American troops and only 2,000
Filipino troops will be involved in the upcoming Balikatan exercises;
WHEREAS, Maj. Gen. Rafael admitted that the American troops who arrived in
Sulu last year were moving to the former camp of the Moro Islamic
Liberation Front at Bitanag which is a virtual admission of the permanent
basing of US troops in Sulu;
WHEREAS, Sandrawina Wahid, a survivor in the February 4, 2008 massacre in
Barangay Ipil, Maimbung, Sulu, where eight people, including two children
and a pregnant woman, were killed said that she saw four US soldiers in
the company of the Philippine Navy and Army elite forces that stormed
their village;
WHEREAS, in the nine years that the VFA has been in place, the patently
one-sided character of the agreement in favor of the US is working against
the country’s national interest. The series of RP-US military exercises
practically provide for the permanent presence of US troops in the country
who apparently engage in direct combat operations and who remain under US
jurisdiction despite offenses committed on Philippine soil;
NOW THEREFORE BE IT RESOLVED, AS IT IS RESOLVED, that the House of
Representatives call for the abrogation of the RP-US Visiting Forces
Agreement
as our experiences under this nine-year old agreement show that its
onerous provisions denigrate Philippine sovereignty and it paved the way
for the permanent presence and basing of US troops in the country without
a treaty through successive military exercises, thus violating Article
XVIII, Section 25 of the 1987 Constitution.
Adopted,
SATUR C. OCAMPO TEODORO A. CASIÑO
CRISPIN B. BELTRAN
BAYAN MUNA Party-List BAYAN MUNA Party-List ANAKPAWIS
Party-List
LIZA. L. MAZA LUZVIMINDA C. ILAGAN
Gabriela Women’s Party Gabriela Women’s Party
----------------------------------------------------------------
BAN Balikatan or Bicolano Alliance for Nationalism Against Balikatan
is an alliance of nationalist and patriotic Bicolanos against the 2009 RP-US
Balikatan Exercises - the 25th Joint RP-US War Exercises, to be conducted in
the provinces of Region V Bicol, Philippines.
BAN Balikatan believes that the main purpose for conducting joint military
exercises by the AFP and US Military in Bicol this 2009 is to intensify the
US intervention in our country.This activity is a flagrant violation of our
country’s sovereignty and integrity based from the related provisions in the
Constitution.
Contact BAN Balikatan at banbalikatan.media@gmail.com
Visit website at:
http://banbalikatan.wordpress.com/
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League of Filipino Students
Mobile Number: 09158513904
Website: LFS.ph
_______________________________
PRESS RELEASE
February 25, 2009
LFS: Continuing the VFA Exposes Absence of Independent Foreign Policy
“Again, the servile nature of this government to US Imperialism is being
exposed.”
This was how the anti-imperialist League of Filipino Students described
the continuing insistence of the Arroyo government to continue the
operation of the militarist and unpatriotic Visiting Forces Agreement,
despite the growing clamor from civil society groups, lawmakers and even
Justices of the Supreme Court for the VFA’s abrogation.
"After selling out Philippine territory through the soon-to-be-signed
Baselines bill, this government seems hell-bent on completely surrendering
Philippine sovereignty to foreign superpowers." said Terry Ridon,
spokesperson of the LFS.
He added that Philippine foreign policy remains in ‘absolute kowtow’ to US
‘imperial‘interests in the Asia-Pacific region.
"In the past half-century of Philippine’s nominal independence from the
United States, we have failed to implement an independent foreign policy,
in which the country asserts sovereignty over its resources, laws and
development frameworks against foreign intrusion.” he said.
He said this clear absence of an independent foreign policy has strangled
genuine economic development in the country, with the United States
opposing many pro-people development paradigms such as genuine agrarian
reform and national industrialization. The VFA and the Mutual Defense
treaty are no exceptions.
“A growing consensus is building among our people for the abrogation of
the VFA, due to the unequal, militarist and colonial nature of the very
agreement. This government should take heed of this. Its stubbornness
might trigger a new round of large protest movements in the style of the
massive mobilizations during the anti-US Bases campaign in the 1990s.”
Ridon says finally.
Reference:
Ron Villegas, LFS Vice Chairperson and Information Officer, 09239130516,
ronvil@gmail.com
Terry Ridon, LFS Spokesperson, 09158513904,
teridon18@gmail.com
---------------------------------------------------
NEWS RELEASE
12 February 2009
Reference: Joms Salvador, Spokesperson, 371-2302 / 01989182150
SMITH DETENTION WITHIN PHILIPPINE TERRITORY
IS NON-NEGOTIABLE
The militant women's group GABRIELA said that the detention of convicted
rapist Lance Corporal Daniel Smith within Philippine territory is
non-negotiable.
"It is in the interest of justice that a criminal like Smith be punished
to the full extent of the law. While we welcome the Supreme Court's
decision that Smith be transferred in a facility under Philippine
authorities, it falls short in rendering justice by subjecting Smith's
detention to precondition such as negotiation, "said Joms Salvador,
spokesperson of GABRIELA.
This was in reaction to the Supreme Court (SC) decision ordering the
Secretary of Foreign Affairs to negotiate with representatives of the
United States regarding the detention facility of Smith who remains in the
US Embassy.
On the other hand, GABRIELA decried the SC's decision upholding the
constitutionality of the Visiting Forces Agreement (VFA), maintaining that
the VFA is a one-sided agreement that violates Philippine sovereignty
and legal due process.
"In the first place, Smith should have long been detained in a Philippine
jail, and justice would have been long served, if it were not for the
ambiguous provision of the VFA regarding custody," said Salvador.
"While Article V Section 10 of the VFA states that Philippine authorities
should detain US personnel, it is unclear whether the detention facility
should be within Philippine territory. Thus, it can be interpreted, as
already done by Smith's camp of late, that his detention in the US embassy
is perfectly valid and legal," said Salvador.
The women's group also noted that the SC's order for the DFA to
renegotiate with US authorities subjects Smith's detention to further
dispute and may even result to his continued detention within US
territory, given what it describes as "the Philippine government's utter
subservience to the US government."
GABRIELA said they will push for Smith's immediate transfer to a
Philippine prison, while continuing to exhaust all other means to junk the
VFA. ###
GABRIELA Philippines
35 Sct. Delgado St, Brgy. Laging Handa
Quezon City, 1103 Philippines
TeleFax: (632) 374 44 23
E-mail: internationalrelations@gabrielaphilippines.org
GABRIELA is a grassroots-based alliance of more than 200 women's
organizations, institutions, desks and programs in the Philippines. We
seek to wage a struggle for the liberation of women and the rest of our
people.
---------------------------------
NEWS RELEASE
12 February 2009
Reference: Joms Salvador, Spokesperson, 371-2302 / 01989182150
SMITH DETENTION WITHIN PHILIPPINE TERRITORY
IS NON-NEGOTIABLE
The militant women's group GABRIELA said that the detention of convicted
rapist Lance Corporal Daniel Smith within Philippine territory is
non-negotiable.
"It is in the interest of justice that a criminal like Smith be punished
to the full extent of the law. While we welcome the Supreme Court's
decision that Smith be transferred in a facility under Philippine
authorities, it falls short in rendering justice by subjecting Smith's
detention to precondition such as negotiation, "said Joms Salvador,
spokesperson of GABRIELA.
This was in reaction to the Supreme Court (SC) decision ordering the
Secretary of Foreign Affairs to negotiate with representatives of the
United States regarding the detention facility of Smith who remains in the
US Embassy.
On the other hand, GABRIELA decried the SC's decision upholding the
constitutionality of the Visiting Forces Agreement (VFA), maintaining that
the VFA is a one-sided agreement that violates Philippine sovereignty
and legal due process.
"In the first place, Smith should have long been detained in a Philippine
jail, and justice would have been long served, if it were not for the
ambiguous provision of the VFA regarding custody," said Salvador.
"While Article V Section 10 of the VFA states that Philippine authorities
should detain US personnel, it is unclear whether the detention facility
should be within Philippine territory. Thus, it can be interpreted, as
already done by Smith's camp of late, that his detention in the US embassy
is perfectly valid and legal," said Salvador.
The women's group also noted that the SC's order for the DFA to
renegotiate with US authorities subjects Smith's detention to further
dispute and may even result to his continued detention within US
territory, given what it describes as "the Philippine government's utter
subservience to the US government."
GABRIELA said they will push for Smith's immediate transfer to a
Philippine prison, while continuing to exhaust all other means to junk the
VFA. ###
Terminate VFA Now -
by the National Union of Peoples Lawyers
The secret
agreement VFA II contains a plethora of unequal provision - by the
National Union of Peoples Lawyers
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