Australia looks forward to Senate ratification of SOVFA

MANILA, Philippines –  Australia is still looking forward to Senate ratification of the Philippine-Australia Status of Visiting Forces Agreement (SOVFA).

Ambassador Rod Smith said in an interview at the annual journalists’ reception hosted by the Australian embassy on Tuesday that Australia remains hopeful that the Senate will concur with defense agreement.

“My understanding is that it remains pending in the Senate for ratification. I’m not sure of the plans. All I can say is that we look forward to the ratification of the agreement,” Smith said.

SOVFA sets out the legal framework concerning the rights and obligations of the visiting forces of the Philippines or Australia and the status of those forces when in the country of the other.

The Department of Foreign Affairs (DFA) urged Senate concurrence to the treaty amid opposition from some sectors of society.

Under the Constitution, a treaty or international agreement must be accepted by at least two-thirds of all the members of the Senate to be valid and effective.

The DFA said that the SOVFA will benefit the Philippines in terms of education and training, capacity building, humanitarian assistance and disaster response.

The SOVFA also provides for systematic sharing of information, resources and best practices, which would aid in the modernization and professionalization of the Armed Forces of the Philippines.

Australia and the Philippines have already been doing joint military exercises, but these are covered only by a memorandum of understanding (MOU) signed in 1995. The MOU does not have the legal effect of a treaty.

On the other hand, the DFA said SOVFA will be binding in international law.

SOVFA represents an improvement over the MOU by providing a transparent and accountable set of legal and administrative rules governing the temporary presence of military personnel in either country, the DFA said.

For instance, SOVFA will provide clearer rules on issues such as entry-exit guidelines, criminal jurisdiction and custody, and environmental protection.

Australia has similar agreements with France, the Kyrgyz Republic, Malaysia, New Zealand, Papua New Guinea, Singapore and the US.

Former President Gloria Macapagal-Arroyo and then Australian Prime Minister John Howard witnessed the signing of the SOVFA at the Parliament House in Canberra during her state visit to Australia in June 2007.