RP-US Visiting Forces Agreement
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The RP-US Visiting Forces Agreement is a bilateral agreement between the Philippines and the United States, consists of two separate agreement documents. The first of these documents is commonly referred to as "the VFA" or "VFA-1"[1], and the second as "VFA-2" or "the Counterpart Agreement".[2] Both documents became effective on May 27, 1999, upon ratification by the Philippine Senate. [3] [8], [10] The United States government regards these documents as Executive Agreements not requiring approval by the U.S. Senate. [3] [42]
The term "VFA" is usually used in the Philippines to refer specifically to just the first of these two documents, which has been the subject of increasing controversy in the Philippines.
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[edit] VFA-1
[edit] Effect
The primary effect of the Agreement is that it allows the U.S. government to retain jurisdiction over U.S. military personnel accused of committing crimes in the Philippines, unless the crimes are of "particular" importance to the Philippines. This means that for crimes without this significance, the U.S. can refuse to detain or arrest accused personnel, or may instead prosecute them under U.S. jurisdiction. The Agreement also exempts U.S. military personnel from visa and passport regulations in the Philippines.
The Agreement contains various procedural safeguards which amongst other things establish the right to due process and proscribe double jeopardy. The Agreement also prevents U.S. military personnel from being tried in Filipino religious or military courts[1][V 11]; requires both governments to waive any claims concerning loss of materials (though it does require that the U.S. honor contractual arrangements and comply with U.S. law regarding payment of just and reasonable compensation in settlement of meritorious claims for damage, loss, personal injury or death, caused by acts or omissions of United States personnel)[1][VI]; exempts material exported and imported by the military from duties or taxes [1][VII]; and allows unrestricted movement of U.S. vessels and aircraft in the Philippines [1][VIII].
[edit] Controversy
The U.S. has at least twice used the Agreement to keep accused military personnel under U.S. jurisdiction.[4] [5] This most recently occurred on January 18, 2006, when the U.S. refused to hand over custody four soldiers accused of rape during the period of their trial in Filipino courts.[5] This has led to unrest amongst many in the Philippines, who believe that the Agreement is one-sided, prejudicial to Filipinos, and a fetter on the sovereignty of the Philippines. The Agreement is seen by some Filipinos as granting immunity from prosecution to U.S. military personnel who commit crimes against Filipinos, and is seen by some as treating Filipinos as second class citizens in their own country.
As a result of these issues, the Philippine government has considered terminating the VFA.[6]
[edit] VFA-2
[edit] Effect
The primary effect of the Agreement is to require the U.S. government (1) to notify RP authorities when it becomes aware of the apprehension, arrest or detention of any RP personnel visiting the U.S. and (2) when so requested by the RP government, to ask the appropriate authorities to waive jurisdiction in favor of RP, except cases of special interest to the U.S. departments of State or Defense. [2][VIII 1] (Waiving of jurisdiction in the U.S. is complicated by United States being a Confederation of States in which each individual state has its own judicial system, and the U.S. Federal Government not being in a position to simply order a State to waive jurisdiction).
The Agreement contains various procedural safeguards which amongst other things establish the right to due process and proscribe double jeopardy[2][VIII 2-6]. The agreement also, among other provisions, exempts RP personnel from visa formalities and guarantees expedited entry and exit processing[2][IV]; requires the U.S. to accept RP driving licenses[2][V]; allows RP personnel to carry arms at U.S. military installations while on duty[2][VI]; provides personal tax exemptions and import/export duty exclusions for RP personnel[2][X, XI]; requires the U.S. to provide health care to RP personnel[2][XIV]; and exempts RP vehicles, vessels, and aircraft from landing or ports fees, navigation or overflight charges, road tolls or any other charges for the use of U.S. military installations[2][XV].
[edit] References
- ^ a b c d e Agreement Regarding the Treatment of US Armed Forces Visiting the Philippines. RP Department of Foreign Affairs. Retrieved on 2006-09-16.
- ^ a b c d e f g h i Agreement Regarding the Treatment of RP Personnel Visiting the USA. RP Department of Foreign Affairs. Retrieved on 2006-09-16.
- ^ a b G.R. No. 138570. October 10, 2000. Retrieved on 2006-12-04.
- ^ "Filipino taxi driver drops charges against U.S. servicemen", Asian Economic News. Retrieved on 2006-09-18.
- ^ a b "Philippine prosecutors file rape charges against 4 U.S. Marines", Asian Economic News, 2005-12-27. Retrieved on 2006-09-17.
- ^ Philip C. Tubeza; Michael Lim Ubac (2006-01-19). Angry lawmakers in Senate, House move to terminate VFA. Philippine Daily inquirer. Retrieved on 2006-12-20.
[edit] See also
- Visiting Forces Act
- Visiting Forces Agreement
- Status of Forces Agreement
- Mutual Defense Treaty (US-Philippines)
- Subic rape case
[edit] External links
- VFA FAQ. RP Department of Foreign Affairs. Retrieved on 2006-12-25.
- VFA PRIMER. RP Department of Foreign Affairs. Retrieved on 2006-09-16.
- Facts about the U.S.-Philippines Visiting Forces Agreement. Embassy of the United States in Manila. Retrieved on 2006-12-20.
- 1951 RP/US Mutual Defense Treaty. RP Department of Foreign Affairs. Retrieved on 2006-09-16.
- The White House, Office of the Press Secretary (2001-11-20). "U.S.-Philippine Joint Statement on Defense Alliance". Press release. Retrieved on 2006-12-26.
[edit] Further reading
- (2003-09-18) in Dieter Fleck: The Handbook of The Law of Visiting Forces. United Kingdom: Oxford University Press. ISBN 978-0198268949. ISBN 0198268947.
