Critics of the Enhanced Defense Cooperation Agreement (Edca) claim the 10-year pact allows the establishment of US bases, which is prohibited by the Constitution.
But both the Philippines and the United States say this isn鈥檛 so even with the increased number of US troops arriving in the Philippines and some provisions in the 10-page agreement that appear to give a semblance of semipermanent foreign military bases.
Ambassador J. Eduardo Malaya, a member of the Philippine panel that negotiated the deal, told the Inquirer that the Edca did not provide parameters necessary for the United States to establish military bases in the Philippines鈥斺�渆xtraterritoriality, exclusivity in use and foreign ownership.鈥�
鈥淭hey are not applicable to the areas that would be shared with the US military so there are no US bases,鈥� he said.
The Edca allows the United States three things: access to and use of agreed locations; construction of infrastructure; and storage or prepositioning of assets.
Prepositioned mat茅riel
Article III of the agreement provides that the Department of National Defense 鈥渟hall assist in facilitating transit or temporary access by United States forces to public land and facilities (including roads, ports and airfields), including those owned or controlled by local governments, and to other land and facilities (including roads, ports and airfields).鈥�
Article IV provides that 鈥減repositioned mat茅riel of United States forces shall be for the exclusive use of United States forces, and full title to all such equipment, supplies and mat茅riel remains with the US.鈥�
鈥淯nited States forces shall have control over the access to and disposition of such prepositioned mat茅riel and shall have the unencumbered right to remove such prepositioned mat茅riel at any time from the territory of the Philippines,鈥� the Edca said.
Unimpeded access
US forces and contractors 鈥渟hall have unimpeded access鈥� to the identified Philippine military camps 鈥渇or all matters relating to the prepositioning and storage of defense equipment, supplies and mat茅riel.鈥�
Article V says the United States shall return to the Philippines any 鈥渁greed location鈥� in the bases, or portions used, including those that were built or improved by the Americans.
鈥淭he parties may consult regarding the possible transfer or purchase of equipment determined to be excess, as may be allowed by United States laws and regulations,鈥� the agreement said.
Article VI provides that both parties will 鈥渆nsure the protection, safety and security of United States forces and United States contractors, and the protection and security of official United States information in the territory of the Philippines.鈥�
PH panels to vet activities
The Philippines retains the primary responsibility for the security of all the bases.
鈥淯nited States forces are authorized to exercise all rights and authorities within agreed locations that are necessary for their operational control or defense, including taking appropriate measures to protect United States forces and United States contractors. The United States should coordinate such measures with appropriate authorities of the Philippines,鈥� the Edca said.
Article VII allows the US forces to use, free of charge, the Armed Forces of the Philippines radio frequency spectrum and operate their own telecommunications systems.
A highly placed government source told the Inquirer that all prepositioned US forces mat茅riel and their inventory that are needed in the two militaries鈥� activities would undergo vetting by the AFP and the defense department. The source emphasized that all activities to be undertaken under the Edca would have to be authorized by the Mutual Defense Board and Security Engagement Board.
鈥淭he Philippines will also ensure that even with the exclusive use by the US military of their assets, they won鈥檛 bring in anything prohibited under our Constitution,鈥� the source said, referring to nuclear weapons and components. The source requested anonymity for lack of authority to speak with reporters.
Bayan Muna lawmakers on Wednesday said the聽 agreement clearly showed the unprecedented access that American troops would have in the Philippines and would turn it into Washington鈥檚 鈥渂iggest military base in the world.鈥�
Clark Air Base and Subic Bay Naval Base were Washington鈥檚 largest overseas facilities before they were shut down in 1991 after the Senate rejected renewal of the military bases agreement.
Constitutionality questioned
The group is all set to question Edca鈥檚 constitutionality in the Supreme Court, said Bayan Muna Rep. Carlos Zarate. The Constitution states that foreign military bases, troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate, he said.
鈥淭he agreement promises to promote the modernization of the AFP yet it is not clear how this can be accomplished if our country is relegated to being a weapons depot and our soldiers become the glorified security guards of US troops and their equipment,鈥� Zarate said.
Forward base, launch pad
Zarate criticized the provision that prevents the Philippines from getting a third-party arbiter in case of disputes. 鈥淭his is scary and alarming. Why should the Philippines allow its hands to be tied like this? We will be at the losing end, once again,鈥� he said.
Rep. Neri Colmenares said under the Edca the Philippines will become a 鈥渇orward base or a launching pad鈥� for US attacks on other countries. 鈥淭his is against the spirit of the Constitution and drags us into all the wars of the US,鈥� he said.
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