Hindi patas ang EDCA, CENPEG

NAGKUKUBLI sa mga katagang "enhanced defense cooperation" ang EDCA ay isang paraan
upang magkaroon ng base-militar ang Estados Unidos sa Pilipinas ng higit na malawak kaysa
nilalaman ng 1947 Military Bases Agreement.
Ito ang lumabas sa pagsusuri ng Center for People Empowerment in Governance sa ilalim ng
kanilang Policy Study, Publication and Advocacy kahapon.
Ayon sa CENPEG, sa ilalim ng kasunduang nilagdaan nina Defense Secretary Voltaire Gazmin at
US Ambassador Philip Goldberg ilang oras bago lumapag ang eroplano ni Pangulong Barack
Obama noong ika-28 ng Abril, makapag-iimbak ang Amerika ng kagamitang militar, iba pang
supplies at kagamitan sa mga kampo ng Armed Forces of the Philippines.
Magkakaroon din sila ng operational control at magagamit ang mga paliparan, daungan at mga
lansangan at iba pang mga pook sa iba't ibang barangay. Makapagtatayo rin sila ng mga gusali at
iba pang kailangang pagawain-bayan sa mapapagkasunduang mga lugar sa Pilipinas.
Maaaring humigit pa sa sampung taon ang buhay ng kasunduan at hindi gagastos ang Estados
Unidos ng salapi sa pagtatayo ng mga pasilidad maliban sa mga operasyong gagawin kung walang
katiyakang magtatagal pa sila sa bansa. Masasaklaw ng kasunduan ang mga karagatan sa paligid
ng Pilipinas.
Idinagdag ng CENPEG na ang kasunduan ang nagpapatibay sa pananatili ng America sa Pilipinas
at sa rehiyon. Maihahambing din ang nilalaman ng kasunduan sa pagkakaroon ng kanilang mga
base-militar sa Pilipinas.
Kung mayroon silang operational control, tiyak na maihahambing ito sa pagkakaroon ng sariling
base-militar. Malaya silang makagagalaw sa loob ng mga kampo ng AFP. Inihalimbawa ng
CENPEG ang US Joint Special Operations Task Force-Philippines facility na ginagamit sa pang-
eespiya, psychological operations at iba pang patagong operasyon ng Estados Unidos, partikular ng
U. S. Special Forces sa loob ng Camp Navarro sa Zamboanga City mula pa noong 2003.
May 500 mga kawal Amerikano sa pasilidad. Kailangang humingi pa ng pahintulot ang mga
Pilipinong militar sa mga Amerikano upang makapasok sa high-security base. Binanggit na sa mga
dokumento ng Pentagon a ang mga ito ay "forward o advance operating bases."
Sinuri din ng CENPEG kung mayroong basehan na gamitin ang 1951 Mutual Defense Treat sa
pagitan ng Pilipinas at Amerika upang magkaroon ng EDCA. Ang Mutual Defense Treaty ay nag-
ugat sa cold war at pinaniwala ang mga Pilipino na may panganib na mula sa ibang bansa laban sa
Pilipinas at Amerika ng mga Ruso, mula sa Tsina at sa Hilagang Korea na nagpadala ng mga kawal
sa Timog Korea.
Wala namang napipintong pananalakay sa alinmang bansa sa paligid ng PIlipinas, dagdag pa ng
CENPEG.

Mahigpit na tinututulan at kinukundena ng Pagkakaisa ng Manggagawa sa Timog Katagalugan Kilusang Mayo Uno
(PAMANTIK KMU) ang Enhanced Defense Cooperation Agreement (EDCA) sa pagitan ng gobyerno ng Estados
Unidos at Pilipinas. Isa itong lantarang pagbebenta sa soberanya ng Pilipinas ng rehimen ni Aquino na mas lalong
magpapatindi sa paghihirap ng manggagawa at mamamayan.
Sa kabila ng katotohanang labag ito sa isinasaad sa konstitusyon ng Pilipinas, sinikap itong madaliin ni Aquino upang
ipakita ang higit pa niyang pagpapakatuta sa kanyang among imperyalistang US.
Sa likod ng niratsadang EDCA, nariyan ang pagsusulong ng ilang mambabatas ng Charter Change (Cha-Cha) para
pahintulutan ang mga dayuhang kapitalista na pagmay-arian nang buong-buo ang mga negosyo, lupain, pasilidad,
institusyon, at pampublikong yutiliti sa bansa.
Walang ibang ihahatid ang mga makadayuhang polisiyang ito kundi ibayong pagdurusa ng mga manggagawa, tuloy-
tuloy na pagdurog sa mga unyon, at pagbawi sa mga karapatan ng bawat mamamayan sa disente at regular na
trabaho, nakabubuhay na sahod, at hustisyang panlipunan.
Ano ang EDCA at Cha-Cha?
Nitong nakaraang Abril 28, bumisita ang presidente ng imperyalismong US na si Barrack Obama sa Pilipinas upang
pirmahan ang EDCA. Ang kasunduang ito diumano ay para sa mahigpit na tulungan ng dalawang bansa at
pagmomodernisa sa Armed Forces of the Philippines.
Ibinatay ang bagong kasunduan na ito sa mga dati nang ipinasang batas ng mga nagdaang pangulo ng Pilipinas
tulad na lamang ng Mutual Defense Treaty noong 1951 at Visiting Forces Agreement naman noong 1998. Ngunit ang
bagong kasunduan ay mas masaklaw, walang taning, at sadyang mas malala sa mga naunang nabanggit na
kasunduan.
Isa sa nilalaman ng EDCA ang pagtatayo ng mga pasilidad para sa mga sundalong Amerikano sa Pilipinas. Gagamitin
ang mga pasilidad na ito bilang base militar, ng walang tiyak na bilang at limitasyon ng papapasukin na mga
sundalong Amerikano sa bansa. Dito ilulunsad ang mga aktibidad ng mga dayuhang sundalo sa pagsasanay,
paglalagak ng mga kagamitan pangdigma, pag-aayos at pagmamantini ng mga sasakyan na kanilang gagamitin,
komunikasyon, at iba pang pangangailangan.
Maluwag na pinayagan ng gobyerno ng Pilipinas ang paglalagak ng mga suplay at kagamitang pandigma ng US dito
sa bansa na walang anumang bayad. Walang buwis na babayaran ang mga ito sa paggamit ng tubig at kuryente,
libre ring ipagagamit ang radio frequencies habang naririto sila sa bansa. Sasagutin ito ng gobyerno ng Pilipinas, at
tiyak na kukunin ito sa buwis ng mamamayan lalo na sa mga manggagawa.
Bahagi ng kabuuang plano ng imperyalismong US sa ibayong pagpiga ng tubo mula sa mga manggagawa ang
paglalagak nito ng mga sundalo sa Pilipinas at iba pang bahagi ng Asya-Pasipiko. Dahil nakararanas pa rin ng
matinding krisis pinansyal ang US, kailangan nitong humanap ng mga pamamaraan upang pilit na iahon ang kanyang
ekonomiya. Kung kaya, kasabay ng pagpapatupad ng EDCA, minamadali ang pagpapatupad ng Cha-Cha para sa
ibayong pagkita ng US mula sa bansa.
Isa si Cong. Belmonte sa nagpipilit na maisulong ang Cha-Cha. Nitong Mayo 2014, naipasa ito sa House Committee
on Constitutional Amendments pagkatapos pa lamang ng apat na hearing. Naihain na rin ito ni Sen. Recto sa senado
noong Pebrero.
Pag-atake sa Kilusang Paggawa
Walang ibang maidudulot para sa mamamayan ang panukalang ito. Lalo na sa hanay ng manggagawa dahil
magbibigay daan lamang ito sa mas marami at mas malalim pang implementasyon ng mga anti-manggagawang
polisiya.
Sa panahong hindi pa man ito naipatutupad, sunud-sunod na ang pag-atake sa kilusang paggawa. Sa pagpasok pa
lamang ng 2014, tatlong malalaking pagawaan sa Timog Katagalugan ang nagkaroon ng iligal na tanggalan at
pagsasara.
Nauna ang ang Carina Apparel, Inc. sa Binan Laguna, isang malaking garments factory, na kilala sa paggawa ng mga
mamahaling lingerie katulad ng Victoria Secret, Marks & Spencer, at marami pang iba pa. Kumikita ng P18M sa loob
lamang ng isang araw ang nasabing kumpanya. Nagsara ang Carina noong Pebrero 14 at mahigit 3,600
manggagawa ang nawalan ng trabaho. Tahasang tinalikuran ng kapitalistang Carina ang pakikipagnegosasyon para
sa Collective Bargaining Agreement (CBA) sa unyon ng manggagawa, na nakatakdang magsimula noong Pebrero 15,
isang araw matapos ang pagsasara.
Sa bisperas ng Mayo Uno, nagsara ang pagawaan ng Hoya Glass Disk sa First Philippine Industrial Park sa Batangas.
Mahigit 2600 manggagawa ang nawalan ng trabaho, anim na araw makalipas magparehistro ng unyon ang mga ito.
Katulad ng nangyari sa Carina, wala man lang prior notice na ibinigay sa mga manggagawa ang kapitalistang Hoya
na magsasara na ang pagawaan.
Nitong Mayo 5, tinanggal ang 24 na lider-unyon sa NXP Semiconductors Inc. dahil hindi pumasok ang karamihan ng
manggagawa noong Abril 9, 17, 18, at May 1mga pista-upisyal na idineklara ng gobyerno, na kinikilala mismo sa
umiiral na CBA ng unyon at kapitalista. Kasalukuyan noong nakikipagnegosasyon para sa CBA ang unyon, na
matinding binabarat ng kapitalistang NXP.
Kapag ipinasa ang Cha-Cha, mas madali na para sa mga kapitalista ang pagdurog sa mga unyon upang takasan ang
pananagutan sa mga ito, lalo na sa panahong nakikipagtawaran sila sa usapin ng dagdag na sahod at benipisyo. Mas
magiging masahol din ang kalagayan ng paggawa sa bansa dahil sa pleksibilisasyon sa trabaho, talamak na
kontraktwalisasyon, murang lakas paggawa, at kawalan ng restriksyon sa dayuhang pamumuhunan na syang
pangunahing nilalaman ng Cha-Cha.
Tiyak, higit na titindi ang pasismong mararanasan ng mga nakikibakang mangagagawa dahil sa presensya ng
pwersang militar ng US. Pinatunayan ng kasaysayan na pangunahing lumalabag sa karapatang pantao ang mga
sundalong Amerikano sa nagdaang ilang taong pamamalagi nito sa bansa.
Labanan ang EDCA at Cha-Cha
Kailangang palakasin ng manggagawa ang paglaban sa patuloy na panghihimasok ng imperyalistang US, hindi
lamang sa loob ng mga pagawaan para sa dagdag na sahod at benepisyo. Kailangang lumabas sa mga pabrika at
engklabo at itambol ang mga panawagan sa pagpapaalis sa mga tropang Amerikano, ilantad ang pagiging sukdulang
tuta ng rehimeng Aquino, at patalsikin na ito sa kaniyang pwesto. Taksil si Aquino at wala nang puwang para sa
kanya ang mamamayang matagal nang nagdurusa sa ilalim ng isang papet, korap, pahirap, at pasistang gobyerno.
Kung kaya naman, ito na ang panahon upang ilunsad ng manggagawa ang isang mataas na antas ng pakikibaka
para sa tuluyang pagpapabagsak sa imperyalismo, pyudalismo, at burukrata kapitalismo. Paigtingin ang pambansa
demokratikong pakikibaka, ibagsak ang sistemang mala-kolonyal at mala-pyudal na pinaghaharian ng burgesya nang
sa gayon, maitayo ang isang lipunang patatakbuhin ng at magsisilbi sa mga manggagawa at mamamayanang
Sosyalismo.
Whose side are you on?
Thats what Cagayan de Oro 2nd district Rep. Rufus Rodriguez wants to ask Makabayan bloc congressmen in the
House of Representatives, whose chorus the past few days have been the supposed unconstitutionality of the
Enhanced Defense Cooperation Agreement (EDCA).
Are you for China because youre questioning this, or are you for the Philippines? asked Rodriguez during
Tuesdays Ugnayan sa Batasan news forum.
Thats the only question. If we are interested and we want to protect our national security, then we should, by all
means support the EDCA. That is the only way, that through this particular agreement, China will receive the clear
message that they cannot trifle with the Philippines, Rodriguez said.
The Philippines and the United States (UN) signed the controversial EDCA last week just ahead of American
President Barack Obamas landmark visit to the country.
Yes its addressed to them, the Mindanao solon said, referring to the seven-member grouping of militant lawmakers
from party-lists Bayan Muna, Gabriela, ACT Teachers, Kabataan and Anakpawis.
Id like to asked them: Are we for the Philippines national security? Or are we saying that we dont want the
Americans because then China will intrude in our territory, which it has been doing unilaterally.

PH partner
With the ten-year EDCA, Rodriguez said the Philippines has at its disposal a partner in terms of military might, who
has an iron-clad commitment to come to [our] defense.
He said that Beijing, with its vast military prowess, is purposely avoiding United Nations (UN)-backed arbitration in
connection with the territorial disputes it has with the country in the West Philippine Sea because they will lose
there.
In the same news forum, Magdalo party-list Rep. Ashley Acedillo noted two advantages that the Philippines would
gain from EDCA: first, the Philippine armys exposure to the training systems and procedures from the powerful US
military and second, the inheritance of structures and facilities that would be built on local soil as per the agreement.
It gives us an idea of where we should be headed in terms of modernization, said Acedillo, a former solider.

Not a treaty
Makabayan solons have been consistent in denouncing the EDCA as unconstitutional, but Rodriguez and Acedillo,
both members of the House Committee on Foreign Affairs, disagree.
I see no basis as a lawyer on why they say that this is unconstitutional, Rodriguez said, holding a copy of the
agreement in front of him, unless they pinpoint the provision in the Constitution that is violated.
Acedillo, for his part, said he views EDCA as an executive agreement and not a treaty, which would require the
approval of the Senate.
Im still of the belief that the EDCA is an executive agreement and merely operationalizes what is already in place,
the party-list lawmaker said.
They say its a treaty, we say its an [executive] agreement, Rodriguez chimed in. This will enhance the
implementation of the MDT (Mutual Defense Treaty), VFA (Visiting Forces Agreement) and logisitical agreement
[between the Philippines and the US].


Nuclear worries
The two congressmen also doused concerns that nuclear weapons would find its way to Philippine soil as a result of
EDCA, a Constitutional violation that their militant colleagues are wary about.
It says clearly on Article IV, Section 6, The preposition of materials should not include nuclear weapons. Malinaw
yan (That is clear), Acedillo bared. Article IV covers the Supplies, Equipment and Materials portion of the
agreement.
Rodriguez went on to cite the agreements preamble, which states that the US access to and use of facilities and
areas shall be all at the invitation of the Philippines and with full respect to the Philippine Constitution and Philippine
laws.
If the Constitution says no nuclear weapons can be stockpiled here, theyre saying theyre going to follow. So whats
the violation there? he said, adding that the mere possibility of Americans bringing nuclear weapons to the
Philippines is not enough bases to bring the matter to court.
Rodriguez said it would be easier for the US to move their nukes to Okinawa, where it has military facilities. They
can bring it in Okinawa. Its very near. No need to bring it here. We should not worry about it.

EDCA allows US military
to build anywhere in PH'
Senator Marcos observes that while EDCA limits the 'agreed locations' to existing
military bases, it's possible the armed forces will establish new bases if the US asks for
Them
MANILA, Philippines Is there a basis for critics of the Enhanced Defense Cooperation
Agreement (EDCA) to be concerned that the deal allows the United States to build
facilities anywhere in the Philippines?
Senator Ferdinand Marcos Jr thinks so. As the EDCA is signed, there are no
limitations, the senator concluded during the Senate hearing on EDCA on Tuesday,
May 13.
Marcos said he saw the benefits of US military assistance in the case of Typhoon
Yolanda (Haiyan) but expressed concerns that the military deal may have been rushed
so it would be more favorable to the US than to the Philippines.
It would seem to me that nothing in the agreement precludes any area, Marcos added.
The EDCA expands existing cooperation activities between the Philippines and US to
include two new activities. The US military can build military facilities and preposition
defense assets in agreed locations that are yet to be determined by the two countries.
While EDCA limits the agreed locations to existing Philippine military bases, Marcos
noted the possibility of the Armed Forces of the Philippines (AFP) suddenly establishing
new bases just because the Americans asked for it.
This is appearing to be the direction in the case of former US military base in Subic,
Zambales.
Defense Undersecretary Pio Lorenzo Batino, chair of the Philippine panel in the
negotiations, said the agreed locations would also be limited to areas that the AFP had
determined to be strategic for the mutual interests of the US and the Philippines. By
"strategic," he was speaking in terms of maritime security, maritime domain awareness,
and humanitarian assistance and disaster response.
But Marcos responded: We are an archipelagic country and that would mean
anywhere.
EDCA was negotiated upon the request of the Philippines for increased US military
assistance in the wake of escalating tension between the Philippines and China over
maritime disputes. While there are senators who support the request for US military
assistance, there are those who feel that the deal needed Senate ratification.

Case Study: Former Subic base
The US used to have a large naval base in Subic but they were forced to leave following
a Senate vote in 1991 not to renew the treaty.
There is currently no military installation in Subic but the AFP is finalizing a
Memorandum of Agreement with the Subic Bay Metropolitan Authority (SBMA) to build
one.
Will EDCA allow the Americans to return to the old US naval base?
Batino said the matter would still have to be discussed with their counterparts in the US
panel. But he concedes that it is possible once the AFP gets access to Subic and the
AFP allows it to become one of the agreed locations.
The requisite on the part of the Philippine panel is that AFP must previously establish a
presence before that location can be an option, said Batino.
He added: With respect to Subic, your honor, may we emphasize that the AFP has
been requesting for presence in at least limited portions of the Subic area, for the AFP
to be able to have their existing equipment and vessels, and planes and modern
defense equipment it will be procuring later on.
Batino added that theres a long procedure and consultations before the AFP can put up
a new base anywhere in the country.
Subic is in Zambales, the province where the disputed Panatag Shoal (Scarborough) is
annexed to. The shoal, located within the countrys exclusive economic zone, is now
practically occupied by the Chinese Coast Guard following a tense standoff with the
Philippine Navy. Rappler.com

In a rally, April 28, progressive groups cited five reasons why the Enhanced Defense
Cooperation Agreement, which was signed yesterday by US Ambassador Philip
Goldberg and Philippine Defense Sec. Voltaire Gazmin, is fundamentally wrong.
By MARYA SALAMAT
Bulatlat.com
MANILA Like a thief in the night that is how Bayan Muna Rep. Neri Colmenares
described the signing of Enhanced Defense Cooperation Agreement, of which he said
much of the contents were not disclosed to the public. Sneaky is how you conduct
yourself if you have evil intentions, Colmenares told reporters in Filipino shortly before
the brief program condemning Obamas Philippine visit began at Liwasang Bonifacio.

Marching to Mendiola, Apr 28 (Photo by M. Salamat)

Throughout the Philippines and in other countries with sizeable population of Filipino
migrants, thousands joined protests as US President Barack Obama arrived in Manila
for a two-day state visit this Monday Apr. 28. Hours before he arrived, patriotic groups
fears that the Aquino administration was preparing a welcome gift for Obama in the
form of a military basing agreement happened indeed. US Ambassador Philip Goldberg
signed the 10-year defense cooperation agreement with Philippine Defense Sec.
Voltaire Gazmin.
This is a brazen display of treachery, said Bagong Alyansang Makabayan (BAYAN) in
a statement. At Mendiola close to Malacaang, the Enhanced Defense Cooperation
Agreement (EDCA) was tagged as a mark of repression and shame of Filipinos,
according to Bayan Muna Rep. Carlos Zarate.
An agreement resting on spurious grounds
In the big, colourful mobilization of anti-imperialist activists and supporters from various
sectors in Manila, leaders of different peoples organizations explained and denounced
the shameless puppetry that propelled the signing of the EDCA. They enumerated and
explained the baselessness of the justifications cited by Philippine President Benigno
Simeon Aquino III and US President Barack Obama. These include the following:

1. It is military basing by foreign troops. It is worse than under the past US-RP Military
Basing Agreement.
Semantics cant fool us its a de facto US military basing, said Nathaniel Santiago,
secretary-general of Bayan Muna, as he detailed the main known content of the
agreement where the countrys military camps would raise the Philippine flag but certain
areas inside it are being used as military bases of US troops.
The Aquino government has not divulged yet where US special operation forces would
have bases inside military camps of Filipino soldiers, but it has confirmed that former
US military bases would also be reused as such.
EDCA is far worse than the defunct Military Basing Agreement (MBA), because the
MBA was at least signed and approved by the Senate of the Philippines, whereas the
EDCA is just an Obama-Aquino agreement, said the representatives of Bayan Muna
during the protest rallies.
The Military Basing Agreement, they said, had also limited the territory in use by
foreign troops, as it defined the particular ports, etc., which the US government also
paid rent for. Under EDCA, there are no predefined base locations as all Philippine
military camps and ports could be made to host US troops and their war equipment
anytime. Worse, the Philippine negotiating panel has admitted before that because
these are Philippine military camps, the Philippine government would shoulder costs for
construction and for its upkeep.

Protesters are blocked by the first line of defence among the police at the gates of Malacaang, Apr 28 (Photo by
M. Salamat)

That is how thick they are in the face, exclaimed Nathaniel Santiago. He used to chair
the League of Filipino Students which played an active role in campaigning against US
Bases and US troops in the Philippines.
Also, The EDCA will make us vulnerable to attacks from enemies of the US, and BS
Aquino, the ever-reliable puppet, is allowing it, said Garry Martinez, chairman of
Migrante International.
2. It means a huge increase in the presence foreign troops
News reports said EDCA will open the country to as much as 30,000 foreign troops. The
Aquino government denied that it is unlimited, in reaction to criticisms by progressive
groups. But 30,000 is still a big leap from the current, US-confirmed 600 to 1,000
constant presence of their special operations forces here, said Nathaniel Santiago.
Since the negotiations for EDCA of a panel from the US government and a panel from
the Philippines started in August last year, the Philippine panel had already announced
that their goal was to increase the number of US military personnel in the Philippines
and allow them to preposition war materiel and supplies.
All these bring with it additional dangers and vulnerability to Filipinos and the country,
according to the statements of progressive groups.
Gabriela Women Partylist Rep. Emmi de Jesus said that for Filipino women, the
historical experience with the US has been one of blatant rape and abuse. From Rosario
Baluyot to Nicole and Vanessa, no US soldier, not even one, has been made accountable
for the violence that Filipino women and children are subjected to.
Increased US troops is also feared to add to the killings and other human rights
violations already being suffered by ordinary Filipinos.
The US is as accountable as the BS Aquino government for the said abuses through its
military aid, deployment of troops and a US-directed counterinsurgency program Oplan
Bayanihan. The US is the main funder of the AFPs war chest, said Tinay Palabay,
Karapatans secretary general.
Palabay said the increase in US aid ($50 million this year, on top of the $40 million
pledge by US State Secretary John Kerry in December 2013, $23 million in 2012, $11
million in 2011) has emboldened the BS Aquino government and the Armed Forces of
the Philippines to go on a killing spree. It resulted in 21 victims of extrajudicial killings
and 23 victims of frustrated killings for the first quarter of 2014 alone.
With the US-PH stress on intensified armed conflict, progressive organizations have
been picketing Camp Crame to call for the resumption of peace talks and the release of
peace negotiators, consultants and other JASIG-protected persons such as the
revolutionary couple Benito and Wilma Tiamzon.
Obama and the US government is bringing his war agenda in their pivot to Asia-
Pacific, but to dissipate resistance to it, Aquino and Obama are trying to hide it under
the shroud of anti-corruption, pro-peace and human rights slogans, Palabay said in a
statement.
With the foreseeable increase in PH governments military spending, more funds would
be spirited out of the budget for social services, Colmenares said in his speech at
Mendiola. EDCA will pave the way for increased loans and anomalous arms sales, he
warned.
3. EDCA violates the Philippine Constitution.
Under the US strategic pivot, more US troops are coming and will be stationed here on
a permanent basis despite the denials of the two governments, said Bayan secretary
general Renato Reyes in a statement.
The newly-signed EDCA violates the Constitution in several ways, according to the
peoples lawyers. Bayan Munas Colmenares explained that (1) the EDCA tramples on
the Constitutional ban on foreign troops and foreign military basing in the Philippines.
That is, except if there is a treaty allowing it; (2) EDCA disregards Philippine laws
jurisdiction over erring troops, and (3) EDCA constitutes a violation of the PH
constitutions nuclear ban.
The Aquino and Obama governments are citing the Mutual Defence Treaty (MDT) as
basis or mother of the Visiting Forces Agreements and EDCA, but since the 1987
Philippine Constitution became the primary law of the land, its ban on foreign military
troops and basing has changed or disabled that facet of the MDT, Rep. Colmenares
told Bulatlat.com.
Similarly, the EDCA cannot claim an extension or fleshing out of the Visiting Forces
Agreement, which only allows for periodic military exercises and visits, not de-facto
basing, said Nathaniel Santiago of Bayan Muna.
Colmenares said the Philippine Constitution also specifically spelled out that the
Philippines is a nuclear-free zone. But We are sure there are nuclear weapons in US
warships, he said.
As such, allowing their presence here is not just a violation of the Constitution, it is also
putting in danger Filipinos and the environment, the progressive solon said. If the
Aquino government cannot even manage a disaster such as the super typhoon
Yolanda, how much more the tasks of containing a possible nuclear disaster? he
asked.
As it is, there have been long-standing criticisms of the US governments abandonment
of the toxic wastes of their decades-long use of Clark and Subic military bases. Until
now, the locals who continue to suffer ailments due to these wastes are still demanding
justice. (Plus, there are newer cases of environmental degradation, like the Tubbataha
grounding and dumping of wastewater off Subic which the US government still has not
paid for up to this day.)

Environmentalists listening to speeches at Mendiola, Apr 28 (Photo by M. Salamat)

Also, Philippine laws said the countrys courts have jurisdiction over crimes committed
here. But according to Colmenares, erring soldiers from the more than 30,000 US
troops to be stationed here are outside our jurisdiction. They can commit crimes here
but we cannot try them.
4. Propaganda of the Aquino government to defend EDCA mostly illusory
Some of the most frequently repeated justifications in the Aquino governments
welcoming of increased US troops are aid in boosting capabilities of the Armed Forces
of the Philippines, accompanied by the United States claims that it is standing by its
ally in addressing Chinas increased incursion. But all these are belied by experiences,
said the protesters.
When China seized the Scarborough shoal in 2012, where was the US? When China
took position in Ayungin, what did the US do? Nathaniel Santiago asked in a speech at
Liwasang Bonifacio.
The US has more interests with China than to engage it in war for the Philippines,
Santiago said. US trade with China, at $579 plus billion, is 30 times bigger than its trade
with the Philippines, which is only $17.6 billion, Santiago said. Some 515 big US
companies are located in China, where they are manufacturing products for export all
over the globe. The US is also heavily indebted to China, with China being the biggest
holder of US treasury bonds outside the US.
To use the Philippines as it pivots to Asia-Pacific, the US is only using the China-PH
conflict as leverage, Santiago concluded. In truth, the pivot is one of the ways in which
the US is trying to contain the rise of a perceived would-be rival in global hegemony,
said protesters yesterday. Add to that, the US is also advancing the interests of its war
industry, which Santiago said has seen increased sales in the region related to the US
pivot.
As for modernizing the AFP, it has spent billions in public funds to modernize in the past
but, in facing external threats, it has failed to modernize over the years, geopolitics
expert and UP Professor Roland Simbulan has previously told Bulatlat.com. He said the
modernization of local troops is in fact being hindered by the US military, which, he said,
wants to keep it dependent on the US. He added that the only aspect of the local
military seemingly allowed to develop by the US is that for counter-insurgency. As for
battling external threats, the countrys troops continue to be ill-equipped and ill-
prepared.
Given these attributes of the EDCA, yesterdays protesters highlighted a larger than life
effigy of Obama, whose eyes are depicted as blood-red. He is wearing a US star-
spangled flag on one side and military fatigue on the other side, he is laden with nuclear
weapons on a chariot being pulled by a rabid dog that is PH president BS Aquino.

Protesters also tore and burned US flags and tiny images of nuclear rockets.
5. EDCA adds to top-ranking list of anti-people policies that should be junked.
It is true we must attend to our visitors, Colmenares said, in response to top officials of
the Aquino government who were irked by the nationwide protests unwelcoming
Obama. Colmenares stressed that Filipinos do not have a row with the American
people, only with their government.
Obama is an unwelcome guest, Colmenares told Bulatlat.com. Obama comes here to
impose agreements that would all the more impoverish and repress us. His government
is interfering with ours, he said.
The calls of most leaders of progressive groups who protested Obamas visit, as
echoed by Colmenares, include opposing anti-people policies. This currently signed
agreement is one of those anti-people policies.
What the US pivot wants to accomplish, too, is maintaining its record of intervention and
invasion of countries, said Palabay. With that comes US efforts to further open up the
economies of Asia, for their investments and trade. And that is also what the current
moves to change the Constitution is all about. Like the EDCA, chacha is being
railroaded in Congress, according to critics.
Imagine, the proposal was approved at the committee level in four meetings!
Colmenares said.
Chacha proponents want to open the economy to greater participation of foreign
investments. They want to sell land to foreigners, public utilities, access to natural
resources, too, Colmenares said. Chacha should be opposed, he said, and in its place,
we must invest on our own national industrialization.
What is to be done now?
Regarding the conflict with China, the solution offered by yesterdays protesters is going
to multilateral agencies, and not to bilateral agreements with the likes of US whose aid
always has strings attached, Colmenares told Bulatlat.com. He cautioned the
Philippines against the example of Iraq, where the US supposedly aided the Iraqis in
ousting Saddam Hussein, but the US continued to maintain troops there to control its oil
resources even after Saddam had already been killed.
Anakpawis party-list Rep. Fernando Hicap said the problem with China cannot be
solved by calling a bully to fight our cause against another bully. Even as Chinas
action is highly unacceptable, Hicap said, the Aquino administration should not pass its
obligation to defend its territory to the US.
The environmentalists led by Kalikasan PNE, meanwhile, also suggested strengthening
our claim through diplomatic means, like what we have filed with the UNs arbitrary
tribunal or the UN Convention on the law of the sea [UNCLOS].
Regarding the constitutionality of EDCA, Colmenares said Bayan Muna will study and
question in court the legality of EDCA. The agreement and how it was crafted are very
un-transparent, and it was signed without its contents being disclosed, Colmenares told
Bulatlat.com.
He said their resolution is to call for an investigation on what exactly does the
Philippines get out of it, and what the US government has gained from it. Colmenares
also clarified that the arena of struggle is not just in court and congress, but also in the
streets.
- See more at: http://bulatlat.com/main/2014/04/29/what-is-wrong-with-the-us-ph-
defense-agreement-and-the-obama-visit/#sthash.vfTg65nr.dpuf

The EDCA: Whats in it for us?
By Atty. Harry Roque Jr. | May. 01, 2014 at 12:01am
12
Why should we allow ourselves to be attacked by the enemies of the US when the US has not given
us the same assurance it had given Japan that it would come to our assistance against China?
Lets compare exactly what President Barack Obama promised the Japanese and what he promised
us.
Our commitment to Japans security is absolute and article five [of the security treaty] covers all
territories under Japans administration, including the Senkaku islands. In this context, Obama
promised that the US is duty-bound to come to Japans aid in the event of a conflict with China over
a group of disputed islands in the East China Sea.
Compare this with what he declared regarding the Philippines: Our commitment to defend the
Philippines is ironclad. x x x We believe that nations and peoples have the right to live in security
and peace and to have their sovereignty and territorial integrity respected. Furthermore, the US
President declared, We believe that international law must be upheld, that freedom of navigation
must be preserved and commerce must not be impeded. We believe that disputes must be resolved
peacefully and not by intimidation or force.
While both commitments appear to be firm, note that Obama did not mention the Spratlys or
Panatag in his remarks about the Philippines. He however explicitly mentioned Senkaku Island,
which is at the heart of the territorial dispute between China and Japan.
Why was this so?
It is because unlike Senkaku, which the US believes is part of the Japanese territory, the Americans
have never believed that we have title over the Spratlys and the Scarborough shoal. In fact in 1933
when France first declared it had title to the Spratlys, only Japan, China and the United Kingdom
protested the French claim. The Americans, who were then the colonial power in the Philippines, did
not protest the French proclamation. Why? Because they thought that what they purchased from
Spain through the Treaty of Paris were only the land territories contained in the map annexed to the
Treaty, even if the Treaty does specify that what was bought was the archipelago of the Philippines,
the common meaning of which means islands and waters forming a unitary whole.
So if the Americans would not come to our assistance against China on the West Philippines Sea,
why did we allow them further access to our military bases?
Under International Humanitarian Law, the governing law in times of armed conflict, all enemies of
the US can target our territory since we allowed US servicemen and facilities to be in our territory.
This means that in case of a shooting war, say over Crimea, or because of the on-going US war
against terrorism, Russia and terrorist groups can now lawfully target our territory because US
troops are present in our territory. With this very high cost arising from the EDCA, whats in it for us?
Certainly it cant be any monetary benefit since EDCA does not even require the Americans to pay
us rent. Economic reality has made the maintenance of permanent US bases unaffordable for the
Americans. Perhaps this is also why they would not pay rent even for their short-term presence in
our territory.
Other than the misplaced gratification on the part this administration to be known as Americas
lackey, I cant think of any further benefit that we can derive from the EDCA.
Worse, the EDCA is unconstitutional. While the Aquino administration claimed that it is in
furtherance of the Mutual Defense Treaty and the Visiting Forces Agreement, neither treaty is in fact
applicable. The MDT is applicable only in case of an armed attack against our metropolitan territory
or attacks against our islands in the Pacific. Since there is currently no armed attack, and since an
attack on the Spratlys cannot trigger the application of the MDT, the EDCA cannot possibly be based
on the MDT. Neither can it be anchored on the VFA because the presence of US troops pursuant to
EDCA goes beyond visiting. It is in fact an implementation of a US Defense policy to do away with
permanent bases. This being the case, EDCA had to be signed as a separate agreement from the
MDT and the VFA. This is why our policy makers, through a 2/3 vote of all our senators, need to give
their concurrence to the agreement . This is to ensure that it is pursuant to our national interest.
Perhaps, this administration does not want the senators involved because it knows that the EDCA
does not promote our national interest and/or that the administration simply does not have the
political support in the Senate, at least not the kind of support that it had when former Chief Justice
Renato Corona was removed.
Lets wise up. Only the Filipinos can stand up for the Philippine interest. Enough of this colonial
mentality.

Senators pinpoint 7
flaws in EDCA
Senators Sergio Osmea III and Ferdinand Marcos Jr grill the Philippine panel that
negotiated EDCA, and cite provisions to show how the deal benefits the US more than
to the Philippines
MANILA, Philippines The thing is, Senators Sergio Osmea III and Ferdinand Marcos
Jr both support defense cooperation with the US in the wake of escalating maritime
disputes in the region and worsening natural disasters. But even in their eyes, the
newly-signed Enhanced Defense Cooperation Agreement (EDCA) appears to be more
beneficial to the US than to the Philippines.
On Tuesday, May 13, the 2 senators took turns grilling the 5 members of the Philippine
panel that negotiated EDCA, combing over each detail of the deal that Malacaang
supposedly scrutinized every step of the way during the negotiations. (READ the
document here)
"In general, I'm in favor of cooperation. I think that I will not even ask quetions about
rent or compenstion becaue that will be insulting. This is our own contribution to the
stability of our own region," said Osmea.
But Osmea felt that EDCA is "one-sided."
Only 3 senators attended the Senate hearing on EDCA on Tuesday. The 3rd was
Senator Loren Legarda, who chaired the hearing in the absence of committee chairman
Senator Antonio Trillanes IV.
Here are 7 issues raised in the hearing. The committee wants another hearing to invite
Defense Secretary Voltaire Gazmin and Foreign Affairs Secretary Albert Del Rosario.
The committee on foreign relations headed by Senator Miriam Santiago, who argues
that EDCA is unconstitutional, will hold a separate hearing.
1. EDCA expands VFA and MLSA
Osmea believes EDCA needs Senate ratification. He disagreed with the panel's
position that EDCA is an implementation of the Visiting Forces Agreement (VFA) and
the Mutual Defense Treaty (MDT).
"It is expansive. You expanded the Visiting Forces Agreement. You expanded the
Mutual Logistics Support Agreement. You can expand to 100 bases and it will still not
be subjected to the concurrence of the Senate. I think that is unconstitutional," said
Osmea.
EDCA expands existing cooperation arrangements between the Phiilppines and US
militaries with 2 new activities the construction or upgrade of military facilities, and
storage and prepositioning of defense equipment and supplies in "agreed locations" that
are yet to be determined.
2. US military may build facilities anywhere in the
Philippines
The "agreed locations" to be given to US troops will be limited to existing Philippine
military bases. But Marcos noted the possiblity of the Armed Forces of the Philippines
(AFP) constructing new bases in areas where the Americans want to have facilities.
(READ: 'EDCA allows US military to build anywhere in PH')
The panel assured the senators that locations to be given to the US will be subject to
consultations and will need prior approval by the Secretary of National Defense and
"probably in a Cabinet-level meeting."
Legarda also wanted assurance that the US will not be allowed to build facilities in
wetlands, geohazard areas, and highly populated areas.
3. The Philippines may have to pay for facilities the US
will build
EDCA critics have asked why the US will not be paying rental fees for areas they will be
allowed to use. But, as one senator pointed out, it's even worse: Section 2, Article 5 of
EDCA details how agreed locations no longer required by the US will be returned to the
Philippines including "possible compensation for improvements or construction."
This is where Marcos said: "Magbabayad pa tayo sa itinayo nila.... Masyado naman
tayong lugi sa usapang ito." (We would have to pay for what they had built [on our land].
We are at a losing end in this discussion.)
The same goes for the defense assets they will bring in. Section 5 adds: "The parties
may consult regarding the possible transfer or purchase of equipment determined to be
excess."
Panel member Ambassador Lourdes Yparaguirre said both countries recognize the
"benefits" of the prepositioning of defense materiels. The panel highlights the
tremendous US assistance to the Philippines in the aftermath of Yolanda. Response will
be quicker if the assets are already prepositioned in the Philippines.
4. EDCA will not help AFP modernization because US
facilities and assets will be for the exclusive use of US
troops
Section 3, Article 4 of EDCA reads: "The prepositioned materiel of United States shall
be for the exclusive use of United States forces, and full title to all such equipment,
supplies, and materiel remains with the United states.
Marcos observed: "Everything they will build, they will use? How are they helping the
modernization? We are not getting a good enough deal in my view."
The panel explained that, for one, joint exercises will allow the Filipino troops to train
using modern equipment that the Philippines is yet to acquire. Assets acquired by the
defense department take years to be delivered.
Marcos wanted more. "I would like to see where, in fact, is that help; how that help is
going to be given to the Philippines beyond traning and joint exercises."
5. The AFP cannot check if US ships are carrying
nuclear weapons
While EDCA expressly prohibits the US from carrying nuclear weapons, Osmea said
the reality is the US military has a policy not to confirm or deny if they are carrying
nuclear weapons.
EDCA stresses that designated officials from the Philippines will have full access to
facilities that the US will build. This was a contentious issue during the negotiations and
resulted in an impasse.
"You and I know that we are not going to be allowed to check those facilities," said
Osmea.
"The policy is don't look, don't ask," Osmea added.
EDCA also doesn't have any provisions that would allow Filipinos to board arriving US
ships for inspection.
6. US military will be allowed to operate
telecommunications system without Congressional
approval
Under Philippine laws, congressional approval is required for a telecommunications
franchise.
EDCA allocates the US forces "all necessary radio spectrum" to operate its
telecommunications system.
The panel explained that the US military will not be allocated a new radio spectrum. It
will share the allocation of the AFP. The panel added that they consulted the National
Telecommunications Commission (NTC) before they included the provision in the deal.
7. There is no specific requirement to remove
hazardous waste in cases of spill
In cases of spill, EDCA requires the US to "expeditiously take action in order to contain
and address environmental contamination resulting from the spill."
Osmea said this is not enough. "There is such a thing as containment and theres such
a thing as removal. It does not say removal," he said. Rappler.com