Sponsorship Speech: Status of Visiting Forces Agreement (SOVFA) with Australia

STATUS OF VISITING FORCES AGREEMENT

WITH AUSTRALIA

SENATOR LOREN LEGARDACO-SPONSORSHIP SPEECHJune 5, 2012Senate Session Hall

(SOVFA)

Senate Resolution No. 788

“Resolution Concurring in the Ratification of the Agreement between the Government of the Republic of the Philippines and the Government of Australia Concerning the Status of Visiting Forces of Each State in the Territory of the Other”

The Philippines at the Strategic Center

Three Issues:1. What are the security threats facing us today

versus the threats of fifteen years ago?

2. What does this Agreement mean to the people who are sworn to be the protectors of our sovereignty, and the enforcers of the mandate to protect the Filipino people?

3. Above all, how is this Agreement aligned with the imperatives of constitutional defense?

“Water is going to be the 21st century’s defining battleground,” said Robert Kaplan, a National Correspondent for the Atlantic Monthly.

Superferry 14 bombing: Worst terrorist attack in Asia since the 2002 Bali bombing

On February 27, 2004, 116 passengers were killed and 300 others were wounded in the Superferry 14 bombing.

Shared Strategic Interest With Australia

• Australia and the Philippines are two sovereign nations whose survival will be defined by its defense and protection of its maritime domains.

• Australia is ASEAN’s first dialogue partner, and is an active participant of the ASEAN Regional Forum (ARF) as well as a party to the Treaty on Amity and Cooperation (TAC).

Building on Cooperation with Australia1. Military education and training of an average of 120

AFP officers annually in Australia, costing an average of US$ 26.751 million per year;

Building on Cooperation with Australia2. Contribution of US$ 17.834 million worth of riverine boats as part of efforts to upgrade counter-terrorism and maritime security capabilities;

Building on Cooperation with Australia3. Support in the implementation of the Coast Watch System to strengthen our capabilities in addressing maritime security challenges;

Building on Cooperation with Australia4. Conduct of counter-terrorism trainings and mutual training assistance to help us develop inter-operability between the special operations units of the armies and navies of Philippines and Australia.

What is SOVFA?

The SOVFA was proposed by the Philippines in 2006, signed in 2007, and ratified by Australia on the same year. President Aquino ratified it on 23 December 2010.

SOVFA is intended to enhance cooperation on maritime terrorism and other security threats.

SOVFA: Benchmark for Future Agreements

1. The SOVFA was crafted in a manner that ensures respect for and ascendance of laws of the Receiving State.

2. The SOVFA does not confer basing rights nor will it authorize either country to deploy troops or conduct operations in the other’s territory.

3. It is reciprocal, which means that it envisions Philippine forces visiting and conducting joint exercises with Australian forces in Australian territory.

4. It addresses the sensitive issue of criminal jurisdiction through a clear set of rules. Article 11.

SOVFA: Benchmark for Future Agreements

5. Where there is concurrent jurisdiction, or where an offense is punishable under the laws of both the Receiving and Sending States, the Sending State has the primary right to exercise jurisdiction ONLY in relation to offences against its own property or security, or property of another member of the visiting forces, or offences in the course of official duty. The Receiving State has primary jurisdiction over ALL OTHER OFFENSES. An offense that falls outside official duty clearly falls under the jurisdiction of the Receiving State.

SOVFA: Benchmark for Future Agreements

6. A Joint Committee, composed of representatives from both the Philippines and Australia, not a military commander, is vested with the duty to resolve jurisdictional issues, if such should ever arise. Such issues may also be submitted to LOCAL JUDICIAL AUTHORITIES for resolution. This is a provision which clearly addresses concerns borne out of previous experiences.

7. The provisions of the SOVFA on criminal jurisdiction do not grant to offenders any kind of immunity from criminal prosecution for offenses committed in the Philippines.

SOVFA: Benchmark for Future Agreements

8. No offender from the visiting forces who commits a crime in the Philippines will escape justice under the SOVFA.

9. It has specific provisions on claims for loss or damage to property and injuries to or death of both visiting forces and third parties.

10. Article 23 expressly provides that the Sending State shall cooperate with the Receiving State to prevent any abuse or misuse of the privileges granted and proper discharge of the obligations imposed on visiting forces.

Environmental Protection

• The Agreement explicitly prohibits the conduct of exercises or other activities in protected areas, ancestral domain areas, critical watersheds and protected forest areas.

• It also provides that any environmental damage will be subject to claims and compensation and that the Sending State will be responsible for the rehabilitation of damaged areas.

Department of Environment and Natural Resources (DENR)

Department of Justice (DOJ)

Department of National Defense (DND)

Closely monitor all SOVFA activities toward ensuring that these activities do not violate any of the environmental laws and ordinances of the Philippines

Draw appropriate guidelines that will prevent conflicts on jurisdictional issues and uphold the primacy of Philippine jurisdiction, in accordance with the provisions of the SOVFA

Maximize the benefits of the Agreement, consistent with the objectives of the National Coast Watch System, and to improve disaster risk reduction and management

THANK YOU