US Forces in the Philippines

[Nick Morgan <nmorgan@igc.org>]

[Original posting from People's Task Force for Base Clean-up <basecln@psdn.org.ph>]

Secret deal revealed by Manila Times, Dec. 3, 1997

MORE PERKS FOR US TROOPS IN NEW PACT

Exclusive
By Earl Parreno

There is life -- and possible even more perks and pelf--for American
soliders even after the military bases had been banished from Philippine
soil six years ago.

This, if the Phil. and US governments could conclude by yearend according
to target a new Status of Forces Agreement (SOFA) which would grant US
military personnel on duty here all of the following:

o Diplomatic immunity from criminal suit for acts committed in the course
of official functions
o Almost total and accorss-the baord tax exemptions for importation and
local acquisition of equipment, materials, suplies and other property on
behalf of the US Armed Forces.
o Unhampered entry and exit of US aircraft, vessels and vehicles in
Philippine territory without having to pay landing or port fees, navigation
or overflight charges, tolls and other use charges, and light and harbor
dues. No prohibitions will be made on the movement of nuclear-capable or
nuclear-armed vessels and aircraft, despite an expess ban in the Philippine
Constitution.

A re-packaged SOFA

There are among the highlights of the latest draft of a new reworded and
repackaged SOFA titled "Agreement Between the Government of the United
States of America and the Government of the Republic of the Philippines
Regarding the Legal Treatment of United States Armed Forces Temporarily
Present in the Philippines in Furtehrance of the Mutual Defense treaty of
1951.."

A copy of the proposal dated November 1997 and drafted by the Philippine
side was obtained by THE TIMES from official Philippine sources.

Foreign Affairs Undersecretary Rodolfo Severino had stated in a pressf
briefing last Nov. 12 that manila and Washington expect to conclude
negotiations on the new SOFA by yearend, or in the next 28 days.

However, the new draft has been shrouded in secrecy for a long time now,
apparently because an earlier SOFA proposal had drawn widespread
oppostition from official and nongovernment circles.

The proposed agreement also grants certain privileges to US personnel
assigned to the country ranging from exemptions from passport and visa
regulations.

A yearend deal

Political observers have noted that new draft resurrects the provisions
that had been rejected by the Senate when it junked on a vote of 17-5 the
proposed RP-US military Bases Agreement on Sept. 16, 1991.

Briefing reporters last month, Undersecretary Severino confirmed the
existence of the proposed SOFA, saying the agreement is expected to be
signed within the month.

According to him, the US and the Philippines have agreed on the most of the
provisions in the SOFA but that they still have to "work out the language"
of the points of agreement."

Severino said Manila and Washington have reached agreement on the following
points:

o The US will comply with Phil laws in cases involving US personnel
involved in criminal cases in the Phils.
o If a crime was committed by US milieary employee and it violates US laws
and not Phil. laws, the offender will be tried in the U.S. If the crime
violated Philippine laws and not US laws, the offender will be tried in the
Philippines.
o In cases were the crime violated both US and Phil. laws, the offender
will be tried in the Phils., unless it was an offense committed in the line
of duty or against a US citizen or US propoerty. In these cases, the
offender wil be tried in US courts.
o The US has agreed to make available the offender in court hearings and
other legal proceedings.
o All activiies under the agreement is subject to he approval of the
Philippine governemnt.
o Offended parties can go to the US or Philippine courts to sue for civil
cases.

Custody, reciprocity

There are other provisions in the proposed SOFA that the negotiating panels
are still trying to resolve.

Among these, Severine said, are the question of who will have custody,
during the trial, of the person charged and whether the offender has to
remain in the country while hisj or her case is being tried.

manila and Washington have been negotiating a new SOFA after previous
arrangements regarding the matter was terminated when the Senate rejected a
new bases agreement six years ago.