Test of transparency

Since the ratification of the Visiting Forces Agreement (VFA) in May 1999, not too many people really know what the RP-US Balikatan Project is all about. Attempts have been made to project a good image of the presence of US forces here, e.g. presenting them at press conferences in Manila.

Perhaps part of the problem lies in the inability of both the Philippine and American governments to plan and project a good and positive image of the initiative that would not only help the Philippine military in running after and annihilating bandits and terrorists in the countryside.

The initiative should be able to explain in simple language that the Americans are not here to prepare a takeover of Mindanao, and that the initiative also has a socio-civic development component aimed at improving the quality of life of people in the rural areas.

An American takeover of Mindanao is quite far-fetched and just a product of the imagination of those who do not understand what the Balikatan is all about. This is indeed one big hurdle that has to be erased from the minds of the people.

To allay fears that such a thing could happen, the Presidential Commission on the Visiting Armed Forces Agreement (VFACOM) is tasked with this job of monitoring the activities and progress of Balikatan (shoulder-to-shoulder cooperation).

The Commission is composed of the Secretary of Foreign Affairs as chairman, and the Secretary of National Defense as co-chairman, and the Secretary of Social Welfare and Development, one representative of the private sector, and the Executive Director of the Commission as members.

The Commission is the highest instrument of the Philippine government responsible for overseeing the implementation of the VFA. It monitors, in coordination with government and non-government agencies, the activities of foreign military and civilian personnel for the duration of activities held under the VFA, and ensure respect for Philippine laws, state policies, public morals, customs and traditions and strict compliance with the provisions of the VFA.

VFACOM guidelines include the entry and temporary stay of US military and civilian personnel; the entry of US military vessels, aircraft and vehicles; protection of public health; protection and preservation of the environment; disposition of military equipment brought into the country US military and civilian personnel, and prosecution of offenses that may be committed during activities under the VFA.

The Executive Director, Atty. Amado D. Valdez, a senior official of the Office of the President, is a former Government Corporate Counsel and former dean of the College of Law of the University of the East. He was one of the original private prosecutors in the impeachment trial of former President Estrada.. He reports directly to the President.

Valdez says the VFACOM refocuses the Mutual Defense Treaty-related exercises "as a tool for development." Of utmost importance is the training of trainors, familiarizing Philippine Armed Forces with new technology and weaponry, and familiarizing them with the operation of flying naval and air assets.

They also serve as "a tool" to project the presence of the Philippine government in remote areas through civil-military activities. That is why representatives of the Departments of Environment and Natural Resources and Social Welfare and Development are called when their services are needed in areas where the exercises are being held.

What is perhaps familiar to the public is the Balikatan primarily through newspaper pictures showing US and Filipino soldiers peering through high-tech weapons, or of US soldiers looking at local lasses. The Balikatan exercise involves the participation of three major service components of the two Armed Forces. Its purposes are to exercise joint combined operations in support of the Mutual Defense Treaty and to enhance interoperability and combined readiness of the two Armed Forces.

Other exercises include amphibious exercise between the US Pacific Fleet and the Philippine Navy, maritime patrol, naval special warfare skills, underwater demolition, sniper training, ship-salvage operations.

The immediate benefit to the Philippines is the training of our soldiers and military, says Valdez.

He emphasizes the importance of the VFA Agreement in the recognition of Philippine sovereignty.

A recent incident involving American soldiers under the VFA puts what Valdez describes as "a new test on the ability of the Philippines to assert its sovereignty." A month ago, on September 14, three unidentified US servicemen went out of their temporary camp in Zamboanga city. Driving their unmarked vehicle, they hit an electric post, busted a water pipe, and damaged an adjoining business establishment. The servicemen abandoned the vehicle. Days later, the Commander of the US troops had the case settled through the payment of damages.

The VFACOM requested the US commanding officer of the Zamboanga troops to furnish it with a copy of their incident investigation report including the identity of the servicemen but until now, he has not complied. Instead, officials of the US Embassy requested that all communication regarding the incident be sent through the Embassy.

Valdez says the VFACOM, acting as "constitutional police in VFA activities, insists that the right procedure is a communication direct to the Commanding officer. A roundabout way of communicating things as proposed, create delays, especially when it involves enforcement of court processes. Just imagine the adverse result in case the crime involved is rape, murder or heinous crimes."

Valdez posits that once a US soldier steps into Philippine territory, he is subject to Philippine sovereignty. The sending of notices and processes by concerned government agency is an act of sovereignty."

He adds that the Philippines "must define the manner and procedure by which she exercises her acts of government to ensure protection of her interests. It is important that this is respected by the U.S. in the spirit of the Visiting Forces Agreement. This is a challenge which the VFACOM continuously faces."

We agree with Valdez that what is important for the Americans to understand is that they should honor and respect the laws of the Philippines. He says, "The Americans must pass the test of transparency and recognize our efforts to enforce our laws."

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