RP, Australia defense pact finalized soon

CEBU — The Philippines and Australia are close to finalizing a Status of Forces Agreement (SOFA) as Canberra expressed optimism that the defense accord will be ratified by the Philippine Senate before the May elections.

Australian Ambassador Tony Hely said in a chance interview at the Cebu International Convention Center (CICC) that the approval by Australia will not take long once the negotiating panels of both countries complete and finalize the SOFA.

"We’re very close to finalizing the text of the SOFA and we’re hoping that we’ll be able to sign that quite soon," Hely said. "Then we’ll go into the process of ratification by our respective governments. I don’t know when it’ll be approved but it’s certainly our intent and hope."

Asked if the United States’ experience with the Philippines on the Visiting Forces Agreement (VFA) is also a concern for Australia, Hely said the RP-Australia SOFA is an entirely different agreement.

"I think it’s entirely a different agreement and it also has different provisions and relation to custody, so we don’t see any connection. The two are entirely different documents," he said.

The Australian government expected the SOFA signing to take place in December last year, but the negotiations were not completed by the Philippine and Australian panels.

The change in the leadership of the Department of Defense, the lead agency in the SOFA negotiation, in the wake of the resignation of then Defense Secretary Avelino Cruz Jr. in November also prolonged the completion of the negotiations.

Hely also expressed optimism that the defense agreement will enjoy smooth sailing in the Senate: "Australia can do that (approval) through administrative procedures but the Philippines will require the approval of the Senate and so that may take a little bit of time."

"With the change of defense secretary and elections coming out in a few months time, it’s not quite certain when the agreement will be finally ratified but we’re very close to finalizing the text that we could have anytime now," he added.

He declined to comment on questions about a provision in Australia’s counter-draft of the SOFA that the Philippine panel wants removed, saying the agreement has yet to be finalized.

Diplomatic sources said the Philippine negotiators removed from Australia’s draft a provision that could eventually turn out to be a "basing" agreement.

Sources said the Philippine panel took out the provision the Australian panel had placed in the document’s "Annexes" instead of including it in the major provisions of the defense agreement.

The Philippines also removed the provision on criminal jurisdiction from the draft agreement’s annexes and insisted on highlighting this, deeming it a very important part of the provision and the "heart" of the agreement.

Sources said the Subic rape case involving members of the US Marine Corps that resulted in the conviction of Lance Corporal Daniel Smith has made the Philippines extra careful in negotiating for a SOFA.