Trillanes: PH-US military deal a security blanket

MANILA, Philippines (UPDATED) – For Senator Antonio Trillanes IV, critics of the military deal with the United States cannot put a price tag on security.

The chairman of the Senate defense committee defended the controversial Enhanced Defense Cooperation Agreement (EDCA), calling it a security blanket that will help modernize the Philippine military, one of the weakest in Asia.

A former Navy officer, Trillanes said the deal helps the Philippines and the US implement the 1951 Mutual Defense Treaty by enhancing cooperation between their militaries.

“That’s what you call the interoperability of the US forces and the Armed Forces of the Philippines. You cannot put a value on that because when war comes, you cannot assume the two militaries will just volt in. It doesn’t happen that way. You have to have exercises prior to have cohesion and interoperability,” Trillanes said in a press briefing on Wednesday, April 30. 

With the signing of the deal, Trillanes said the Philippines can spend less on modernizing the military because it allows US troops to store and preposition equipment in Philippine bases.

“You practically have a security blanket. Instead of engaging in an arms race and pouring in billions of pesos in modernization, here you can at least scale down. I’m not saying disregard modernization completely. We still continue but given our limited resources, you can fill in the capability. Even if we get new equipment, that is still not enough for the next 20 years,” he said.

The senator said the money for military equipment can be spent for other purposes like social programs.

Trillanes is the strongest voice in the Senate supporting the agreement. Some senators, including constitutional law expert Miriam Defensor Santiago, said the deal was a treaty subject to Senate approval. 

“I was reading it from the perspective of being a former military officer. The lawyers may have a different concern. Again, nobody is stopping anybody from raising these questionable provisions to the Supreme Court,” Trillanes said, echoing the position of Senate President Franklin Drilon. 

Trillanes said the deal and pronouncements of US President Barack Obama about an “ironclad commitment” were clear that the Philippines can count on the US in case its territory is attacked.

As for the Philippines’ maritime row with China, Trillanes questioned why some observers expected the treaty to cover disputed territories.

“I believe it was articulated by President Obama, articulated even by former Secretary of State Hillary Clinton that they won’t intervene in territorial disputes. I am wondering why we keep on insisting to oblige the US to intervene in the territorial dispute. They’ve been saying it to us before EDCA was entered into.”

The senator acted as a backdoor negotiator with China following the Philippines-China standoff over Scarborough Shoal in 2012. He previously said the deal should be viewed separately from the maritime row, and does not offend China.

Private caucus, not public hearing

Trillanes also revealed that Drilon called for a caucus this week so that the Philippine panel that negotiated the agreement can brief the senators on its contents.

Yet Trillanes clarified that the briefing will be confidential, not a public hearing. He said there are “sensitive matters” covered by “national security.”

“Just to give an example. What if a senator asks: how many American soldiers will be allowed to hold exercises? The panel cannot answer that in public. What are the equipment, aircraft, vessels that will be used? That also cannot be discussed. What are the specific locations of the American facilities? That too is covered by national security,” Trillanes said.

On his own, Trillanes said he will not call for a hearing on the issue because he is “satisfied” with the deal but will hear the matter if a senator files a resolution about it. 

In a statement issued hours after Trillanes’ press briefing, Drilon said he expects that “the appropriate Senate committee” will call a hearing on the agreement. 

“Inevitably, there will be questions to which the responses will require an executive session as it will touch on matters pertaining to national security. However, I emphasize that whether or not an executive session would be conducted will depend upon the chairperson and the committee members who will conduct the hearing,” Drilon said. 

Despite criticism that the deal lacked transparency, Trillanes sought to assure the public that the Senate is looking out for its best interest.

He reiterated that the panel had briefed his committee in August 2013. He said Senators Juan Edgardo “Sonny” Angara and Aquilino Pimentel III and another colleague he could not remember attended the briefing. The panel then sent him regular written updates after every round of negotiations, 8 in total.

“Which is why are here, being your representatives making sure ‘di nalalamangan, nayuyurakan ang sovereignty.” (That we are not being shortchanged, that our sovereignty is not trampled on.)

Still, Drilon, other Senate leaders and Santiago pointed out that they did not get a copy of the agreement prior to its signing. Leftist lawmakers and former senators also said the Senate should have had a say on the deal, which supposedly threatened to reverse the chamber’s historic 1991 vote rejecting US bases.

What about another Daniel Smith?

When the Palace finally released a copy of the agreement on Tuesday or a day after it was signed, stakeholders began scrutinizing several aspects of the deal.

One issue that draws attention is how to resolve crimes committed by US troops, like in the case of Lance Corporal Daniel Smith, who was accused of raping a Filipina in 2005 but was later acquitted.

Trillanes said the issue of jurisdiction was tackled in the 1999 Visiting Forces Agreement (VFA), not the EDCA. 

“The specific issue of jurisdiction on infractions of the law is in the VFA, that remains the same …. They (panels) created mechanisms to resolve the issue bilaterally, directly, instead of going to the courts because the resolution there is slow. The jurisdiction is clear in the VFA,” he said.

In a primer released by the foreign affairs department, it responded to the question by saying, “With the finalization of EDCA, we can now fast track the bilateral consultations on the implementing agreements of the VFA.” 

US assurance

Responding to concerns about the behavior of visiting US forces and a repeat of the Daniel Smith case, US Ambassador Philip Goldberg said in an interview with ANC’s Headstart that the PH-US VFA has provisions that apply to such a situation.

“We have a VFA and we take very seriously respect for Philippine law, the sovereignty of the Philippines, and we will do everything within our power to make sure that all Philippine law is observed. There are rules that we’ve set out and agreed within the VFA,” Goldberg said.

He also said visiting US forces in the Philippines are told not to go to places like parts of Olongapo City, for example, where they would likely “get into trouble” – apparently referring to the city’s red light district. Instead, the US soldiers should head for places that have “cultural and historic” significance.

“We want to do this in a way that is very respectful of Philippine law and the Philippines….If people have concerns about that, that’s a legitimate concern. We will do everything in our power to make sure that these kinds of rules and laws are observed,” Goldberg said. – Rappler.com