'VFA'

From the onset, there has always been doubt about the charges made by “Nicole” against Daniel Smith, fanned by anti-VFA groups who wanted to embarrass the United States. After all, American soldiers are vulnerable and are the primary target of militants, terrorists and just plain opportunists.

That is why the US refuses to be a signatory to the International Criminal Court, fearing that American troops might be subjected to frivolous or politically motivated cases. There are approximately 300,000 American personnel deployed in 130 countries and 737 bases, with Status of Forces Agreements (SOFA) governing day-to-day operations of American troops in countries where the US maintains bases, while the Visiting Forces Agreement (VFA) defines the terms under which US troops are allowed to operate in a country on a temporary basis. For both SOFA and VFA, the most contentious provision involves jurisdiction over off-duty soldiers accused of committing a crime.

In 2002, American soldiers driving to their camp after an exercise accidentally killed two South Korean girls. Since they were on duty, the soldiers were tried under a US court martial and subsequently acquitted, fueling outrage among Koreans who wanted a retrial under a local court. Last year, a sergeant deployed in Okinawa was declared not guilty of raping a Japanese teenager (though he pleaded guilty of abusive sexual behavior) — creating widespread anger against American troops.

During the time of President Joseph Estrada, a taxi driver claimed that three US servicemen mauled him. At the time, jurisdiction was already an issue, with then Foreign Secretary Jun Siazon telling senators that the VFA allows the US to have jurisdiction over American personnel — an interpretation rejected by Nene Pimentel, Tito Guingona and the late Rene Cayetano. In the end, the servicemen were acquitted because the taxi driver lost interest in the case, prompting speculations that the charges were fabricated and the men were being blackmailed.

Nicole’s recantation aroused similar suspicions, with Filipinos beginning to feel the case against Smith may have been a set-up, and that they may have been too hasty in judging him. Political undertones accompanying such cases naturally concern the US, with perceptions that the judicial system in the host country could give in to public pressure and hand down a guilty verdict.

My former spiritual adviser in high school, Father James Reuter, believed Daniel Smith was totally innocent — for which he was condemned and accused of advancing American interests. A well-respected columnist of the Philippine STAR, Father Reuter may be an American but his heart is more Filipino than most Filipinos.

But the bottom line is, Nicole’s recantation makes renegotiation more difficult. No question the Philippines needs the VFA in fighting terrorism. Plus, there is the Spratlys/Baselines Bill issue where America’s help may be needed as well.

Here in the US, the issue has been resolved by the recantation as far as the Americans are concerned. In fact, I bumped into Speaker Boy Nograles walking down 5th Avenue in New York, and he said he, too, was surprised by the recantation. 

Nevertheless, it’s clear that contentious provisions must be renegotiated especially the matter of jurisdiction. If US personnel are indeed guilty, it is only fair to have them confined in Philippine facilities, in the same manner that Filipino military personnel committing crimes in the US will also be confined in American penal institutions.

Perhaps one solution is to confine the soldiers in just one area. In Okinawa, tight “liberty rules” were set like curfew and travel restrictions on American troops. After all, US military personnel are deployed in the Philippines and other countries to render official military service — not to indulge in R&R.

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The Tonight Show host Jay Leno — who’s expected to retire this year — scored big with Barack Obama as guest, the first time a sitting president appeared on a late-night comedy show. Obama had a speaking engagement at an Orange County suburb in Los Angeles and agreed to appear in Leno’s show. Leno said it was one of the best nights of his life — probably because the ratings skyrocketed with millions of viewers glued to their TV and thousands lining up to watch in the NBC studio in Burbank, California. In fact, media people were complaining because many were not allowed inside the studio.

Obama looked very comfortable, connecting with the audience as he compared life in Washington to American Idol where everybody is Simon Cowell — the opinionated British judge on the show. Obama used Tonight to explain the economy, AIG and the plan to tax the executives’ bonuses by 90 percent. He undoubtedly has “rock star” status, putting on that Hollywood smile as he talked about Air Force One and how cool it was to get the jacket with the presidential seal on it. The only faux pas happened when he made a politically incorrect wisecrack against the handicapped, describing his bowling prowess as similar to playing in a Special Olympics. On his way to Washington, Obama made a call to Special Olympics chairman Tim Shriver (son of Eunice Kennedy-Shriver who is the sister of John F. Kennedy) onboard Air Force One, and was able to apologize for the unintended insult before the show was aired.

I visited the Smithsonian Institute Museum in Washington D.C., and it was overwhelming to see Obama already included among the portraits of American presidents. His rise from a junior senator to president, from Illinois to the White House — the first black man to occupy the most powerful position in the world — is undoubtedly phenomenal. In any language, Barack Obama has already made history — but only time will tell if his journey as president will lead Americans to a glorious new chapter in the history of their nation.

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