Transcript EDCA and the surrender of sovereignty

EDCA and the
surrender of
sovereignty
Bagong
Alyansang
Makabayan
May 7, 2014
 EDCA is latest unequal military
agreement entered into by PH after the
1947 MBA, 1951 MDT, 1947 MAA, 1999
VFA and 2002 MLSA
Unequal
pacts
with US
 MDT- “mutual” defense vs external attacks
 VFA- treatment of visiting US troops,
provided initial framework for stationing of
troops, ratified as treaty by PH Senate but
not by US Senate
 MLSA- payment for services, no
permanent structures
 EDCA- access to PH facilities, putting up of
US facilities, stationing of troops,
prepositioning of equipment and weapons
 EDCA essentially brings back US bases
under a different name, under a more
flexible arrangement, broader scope,
but with the same functions and purpose
US
bases by
another
name
 EDCA is one expression of the US pivot
to Asia as articulated in the document
Sustaining US Global Leadership
Priorities for 21st Century Defense issued
in 2012.
 US seeks to entrench itself as a Pacific
Power, advance its imperialist agenda in
the region and contain rising power
China
Number of US ship visits to PH since
US announced its pivot to Asia
160
149
140
120
100
82
80
73
68
2011
2012
60
40
20
0
2010
2013
Source: Reuters reports
US strategic
pivot
 “U.S. economic and security interests are
inextricably linked to developments in the
arc extending from the Western Pacific and
East Asia into the Indian Ocean region and
South Asia, creating a mix of evolving
challenges and opportunities. Accordingly,
while the U.S. military will continue to
contribute to security globally, we will of
necessity rebalance toward the AsiaPacific region”.
-Sustaining US Global Leadership
Priorities for 21st Century Defense
US strategic
pivot
 Fiscal crisis makes it difficult for US to
sustain self-appointed role as global
police. Expensive to maintain large
formal bases
 Pivot shifts cost of stationing troops to
allies
 “Whenever possible, we will develop
innovative, low-cost, and smallfootprint approaches to achieve our
security objectives, relying on exercises,
rotational presence, and advisory
capabilities.”
-Sustaining US Global Leadership
Priorities for 21st Century Defense
 Exercises, rotational presence, and
advisory capabilities are already being
implemented in the Philippines through
Balikatan and the Joint Special
Operations Task Force-Philippines in
Mindanao
US strategic
pivot
 JSOTFP provided the template for EDCA
arrangements by allowing US forces to
put up facilities inside an AFP Camp in
Zamboanga
 600 US Special Forces have been
rotating since 2002
 No exit strategy, presence allegedly
upon “invitation” of PH gov’t
 US troops in Mindanao violate our
sovereignty
US strategic
pivot
 Rotational deployment or the changing
of stationed personnel has resulted in
permanent presence in violation of the
Constitution
 US troops under VFA are not just
temporary vistitors
US bases by
another
name
 EDCA hopes to expand and
institutionalize the JSOTFP template
throughout the country, giving US forces
unlimited access to PH facilities, the
right to construct new facilities, the
means to rotate an increasing number of
US troops for an indefinite period,
flexible and inexpensive basing along
with the prepositioning of weapons and
equipment that will give the US a
platform for power-projection and
intervention in the region
 The Philippines will again be known as
“America’s unsinkable aircraft carrier”
EDCA is not
a treaty
 EDCA cannot be a mere implementing
agreement of previous treaties as its
provisions already go beyond what was
contemplated in pacts such as the MDT
and VFA
 EDCA was signed as an executive
agreement, in violation of constitutional
provision banning foreign bases, troops
and facilities absent a treaty ratified by
the Senate and recognized as such by
the other party
 No definition of “rotational presence”,
“permanent presence” and “temporary
presence”
EDCA is
broad and
purposely
vague
 Article II, Sec.4- The Enhanced Defense
Cooperation Agreement ((EDCA)
provides US forces “agreed locations”
where they can conduct a broad range of
activities. The agreement does not set
any limits on what areas throughout the
country could be accessed by US troops,
how many troops can be allowed in
these areas or facilities, and for how long
these troops will be allowed to stay.
EDCA is
broad and
purposely
vague
 Article III, Sec. 1 – The EDCA grants US
forces and private contractors access to
“agreed locations” where they can
conduct a broad range of activities
including but not limited to; training,
support, refueling of aircraft, bunkering
of vehicles, temporary maintenance of
vehicles, temporary accommodation of
personnel, communications,
prepositioning of equipment, supplies
and materiel, and deploying forces and
materiel, and such other activities as
the Parties may agree
 Article III, Sec. 1 shows that the agreed
locations will be operated and will
function as forward bases
EDCA drags
us into war
 Article III, Sec. 1 introduces a new
provision on the use of PH facilities for
the deployment of US forces and
materiel (for domestic and overseas
operations). This could include use of PH
as staging ground for armed
intervention, drone strikes, missile
strikes and so on.
 This drags PH into conflicts not of our
choosing, and opens us as a target of US
enemies
US access to
entire
country
 Article III, Sec. 2 – The Philippines shall
assist transit or temporary access by US
forces to “public land and facilities
(including roads, ports and
airfields), including those owned by
local governments, and to other land
and facilities (including roads, ports and
airfields). Again, the entire country can
be used by US forces
 EDCA does not define what “temporary
access” by US forces means
US forces
become
permanent
 Despite Preamble stating there will be
no basing or permanent presence of US
troops, rotational deployment ensures
that US troop presence will in fact be
permanent
 Article I, Sec.1 (b)- US troops will be
given authority to access “agreed
facilities” on a rotational basis. The
agreement does not define what
“rotational” means. Following the
JSOTFP template, troops can be rotated
till forever
 Article III, Sec.3 – US forces shall have
access to “agreed locations” “without
rental or similar costs”.
US forces
and
contractors
enjoy perks
 Article VII, Sec. 1 – US forces and their
private military contractors can use
utilities such as water and electricity but
will be tax-exempt, with their taxes
being paid for by the Philippine
government.
 Article 7 Sec.2- US forces will also be
allowed use of radio frequencies free of
charge.
 EDCA introduces for the first time in an
agreement the concept of “private
military contractors”
The matter
of US
contractors
 “United States contractors - companies and
firms, and their employees, under contract
or subcontract to or on behalf of the United
States Department of Defense, not included
in definition of US personnel under VFA”
 VFA only mentions US forces and “civilian
personnel”
 Contractors have nearly equal status as US
forces in terms of unimpeded access to
facilities
 Contractors also get tax perks re utilities
The matter
of US
contractors
 Under EDCA, “United States forces may
contract for any materiel, supplies,
equipment, and services (including
construction) to be furnished or undertaken
in the territory of the Philippines without
restriction as to choice of contractor,
supplier, or person.”
 “Contracts shall be solicited, awarded,
administered in accordance with the laws
and regulations of the United States.”
 PH has no say when it comes to the entry of
notorious armed private contractors like
Blackwater, or war profiteers like
Halliburton, or of the hiring of blacklisted
firms like Glenn Marine Defense
According to the Aquino gov’t:
 US troops are only here because of PH
invitation
The
Myth that
we are in
control
 PH retains ownership of agreed
locations
 PH will own all newly constructed
permanent facilities
 PH officials have access to US facilities
or agreed locations at any time
 PH retains primary responsibility for
security
The
Myth that
we are in
control
 US will retain operational control of the
“agreed locations” and shall “exercise all
rights and authorities” to ensure
operational control and defense. This
includes putting in place security measures
that would necessarily limit access to their
facilities. This also means US forces can use
lethal force, or shoot Filipinos “in selfdefense”
 Philippine access will have to comply with
the “operational safety and security
requirements” and agreed procedures that
will be imposed by the US.
 We entered an agreement that allows the
US unlimited access to our facilities while
limiting our access to theirs.
 EDCA assurances are consuelo de bobo
The
Myth that
we are in
control
 In 1979, RP-US Military Bases
Agreement was reviewed and US bases
were placed under the formal control of
the Philippines, and were considered US
bases within Philippine facilities.
 There was a Filipino base
commander. The Philippine flag also
flew in these bases. Philippine
government provided perimeter security
 These minor concessions did not change
character of these foreign bases
violating our sovereignty
Prepositioning
for war
 “The U.S. military stores, or
prepositions, reserves of military
equipment and supplies near potential
conflict areas to ensure that the material
would be quickly available to forces in
the event of a crisis. During a crisis,
prepositioning would speed U.S.
response times because only the troops
and a relatively small amount of
materiel would need to be brought by air
to the conflict area”
US GAO
Report 1998
Prepositioning
for war
 Article IV, Sec.1- US authorized to
preposition and store defense
equipment, supplies, and materiel
(“prepositioned materiel”), including,
but not limited to, humanitarian
assistance and disaster relief equipment,
supplies, and materiel, at Agreed
Locations
 The hosting and deployment of US
forces and weapons drags the country
into overseas conflicts not of our
choosing
Prepositioning
for war
 MATERIEL - All items (including ships,
tanks, self-propelled weapons, aircraft,
etc., and related spares, repair parts, and
support equipment, but excluding real
property, installations, and utilities)
necessary to equip, operate, maintain,
and support military activities without
distinction as to its application for
administrative or combat purposes.
US Department of Defense Military
Dictionary
 EDCA claims to be the only military
agreement with a provision on the
environment. Article IX
 EDCA makes token reference to preventing
damage to environment but does not
provide guidelines for compensation.
Damage to
the
environment
 In the event of the unintentional release of
hazardous materials or waste, the EDCA
says the US will take action to contain the
hazard. However, the EDCA is silent on
payment for damages.
 Article IX Sec.3 implies that the US will
indeed be bringing in hazardous materials
and hazardous waste into the country.
The
agreement
is in effect
indefinitely
 While Article XII Sec 4 says that the
agreement is in effect initially for 10
years, “it shall continue in
force automatically unless terminated
by either Party.”
 Unlike the MLSA which is also
considered an “implementing
agreement” that is in effect for 5 years
then renewed each time by the two
Parties
 No provision for review
 Unlike 1947 MBA, no fixed term
 EDCA will not lead to modernization as it
does not state the PH will get X amount of
weapons, supplies, technology etc. in
exchange for the use of agreed locations
 Prepositioned equipment are exclusively for
the use of US forces
More myths
 US retains right to all movable items, taking
items with them when they leave a location
 PH will still have to negotiate acquisition of
excess defense articles, and pay for the
upgrade of facilities if any
 EDCA is not a deterrent to China’s incursions
as there is no provision in the pact related to
this. Neither is this assured under the MDT.
 EDCA does not allow the prepositioning of
nuclear weapons, but is silent on the transit
of these weapons within PH territory
More myths
 EDCA undermines our sovereignty as it
prevents the PH from bringing any dispute
to any court or third-party and requiring all
disputes and issues to be settled exclusively
through “consultations” between parties
 Humanitarian assistance and disaster
response intended to soften US presence.
 Prepositioned materiel not solely for HADR.
 Other countries provide us HADR but do not
require military agreements and bases
 EDCA is an affront to our sovereignty as it brings
back US bases without any limits to the number
of troops, facilities, and activities that will be
undertaken
 EDCA makes the PH a colonial outpost for US
imperialist aggression and intervention in the
region
Conclusions
 EDCA reverses the gains of the 1991 bases
rejection by the PH Senate
 EDCA violates and circumvents the
Constitutional provision banning foreign bases,
troops and facilities absent a treaty ratified by
the Senate
 EDCA is grossly lopsided in favor of the US. The
Filipino people do not stand to benefit from the
agreement.
 Broad people’s campaign to defend
sovereignty against US imperialism and to
call for the junking of all unequal military
agreements such as the MDT, VFA, MLSA
and EDCA
What can
we do?
 Build local consensus against the use of
local facilities/areas by US forces
 Oppose further negotiations for EDCA
which aim to identify the “agreed locations”
that US forces will use
 Protest US-PH military exercises
 Question the EDCA before the SC
 Press the Senate to scrutinize EDCA
 Fight for genuine freedom and democracy
and for an independent foreign policy
JUNK EDCA!
NO TO ANOTHER
US OCCUPATION!