Opinion

Crossing the Rubicon

BREAKTHROUGH - Elfren S. Cruz - The Philippine Star

October 6, 2016 | 12:00am

The term “crossing the Rubicon” is an idiom that means the point of no return. President Duterte used this term to describe the possibility of radically changing the present Philippine-US relationship; and, adopting an independent foreign policy.

The call for an independent foreign policy is not as radical as has been described by some people. The 1987 Philippine Constitution, drafted and passed during the Corazon Aquino presidency, actually has a relevant provision which clearly states:

The State [Philippines] shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest and the right to self determination.

There are, therefore, four major factors that form the basic framework of an independent foreign policy. In the case of the normalization of Philippine-China relations, the major obstacle will be the constitutional provision stating that one paramount consideration is “territorial integrity.” At the heart of this conflict is the continued harassment of Filipino fishermen and vessels in the waters around Scarborough Shoal. This is an area that is around 100 nautical miles from the Philippine mainland; and therefore, it is clearly within the internationally accepted 200 nautical mile boundary of the Exclusive Economic Zone of any country. In this case, the Scarborough Shoal is clearly within Philippine territory; and, for our government to give this up can be interpreted as a violation of the Constitution.

The case of the Philippine-United States relationship is defined by four principal treaties and agreements: the Balikatan exercises; the Enhanced Defense Cooperation Agreement ( EDCA); the Visiting Forces Agreement ( VFA); and, the Philippines-U.S.A. Mutual Defense Agreement. If the Philippine government intends to change relations with the United States, these four treaties and agreements will have to be repealed.

Balikatan is a Filipino word that literally means “shoulder to shoulder.” In diplomatic terms, it refers to the annual military exercises between the Philippines and the United States which have been regularly held since 1992 when the American bases were closed. In several recent statements, President Duterte has stated that he intends to stop the Balikatan exercises before the end of his six-year term. My understanding is that there is no definite date when the last Balikatan exercises will be held.

The Visiting Forces Agreement (VFA) is a bilateral agreement that allows the US government to retain jurisdiction over US military personnel accused of committing crimes in the Philippines, unless the crimes are of “particular” importance. Under the VFA, the Philippine courts have one year to complete any legal proceedings if there is any intention to prosecute any American military personnel. This agreement was ratified by the Philippine Senate on May 27,1999. Repealing the VFA will require the approval of the Philippine Senate.

The EDCA is an agreement that allows the United States to rotate troops into the Philippines for extended stays. It also allows the United States to operate and build facilities inside Philippine bases. However, the United States is not allowed to establish any permanent military or naval bases.

The EDCA is very different from the previous agreements that allowed the United States to build American bases in the Philippines which ended when the Clark Air Base and the Subic Bay Naval Base were closed in 1992. As a historical reminder, the American bases were closed in 1992 when the Philippine Senate rejected a treaty that would extend the bases’ lease. One major issue, at that time, was the refusal of the United States to agree that nuclear weapons would not be installed in any of the bases. The present EDCA provides that nuclear weapons cannot be stored in any American facility.

The present EDCA is an executive agreement signed on April 28, 2014 effective for ten years; and, thereafter, it will continue in force automatically unless terminated by either the Philippines or the United States by giving one year’s notice through diplomatic channels of its intention to terminate the agreement. Repealing the EDCA before the ten-year period would obviously be highly controversial.

The Philippine-United States Mutual Defense Treaty was signed on August 30, 1951. Its principal provision provides that if either the Philippines or the United States were to be attacked by an external party, the other country would come to its defense. Article V of the Treaty defines the meaning of the attack and its purpose including all attacks by a hostile power will be held as an attack on a metropolitan area by both parties or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels, or aircraft in the Pacific.

On the 60th year anniversary of the agreement, a ceremony was held on November 11, 2011 in which the two countries reaffirmed the Treaty through the Manila Declaration. This document was signed by Philippine Secretary of foreign Affairs Albert del Rosario and US Secretary of State Hillary Clinton. Repealing this Mutual Defense Treaty will require the approval of the Philippine Senate.

Repealing these four treaties and agreements will be the real “crossing of the Rubicon.”

Testament From a Prison Cell

A week ago I wrote about the book Testament From a Prison Cell written by Ninoy Aquino while he was in prison during the Marcos martial law regime. Since then, I have received inquiries on how to buy copies. The book is available for sale at the Benigno Aquino Foundation office in Makati at JCS Bldg. 119 Castro cor. Palanca, Legaspi Village ( tel no. 840-1122 Lala Santana or Romy Duran) and at the Aquino Center, Luisita Industrial Park Road, Luisita, San Mguel, Tarlac City.