On February 11, Philippine President Rodrigo Duterte announced that Manila would terminate the Visiting Forces Agreement (VFA) between the United States and the Philippines – an agreement that, among other things, allows the U.S. military to have freedom of movement within and within the Philippines. Duterte`s decision was greeted in Washington with deep concern about the potential impact on the Indo-Pacific Strategy (PDF), which is primarily aimed at countering China`s growing assertiveness. The United States has used the agreement at least twice to keep the accused military personnel under U.S. jurisdiction. [5] [6] On January 18, 2006, the U.S. military detained four soldiers accused of rape while visiting Subic Bay during their trial in a Philippine court. [6] They were detained by U.S. officials at the U.S. Embassy in Manila. This has led to protests from those who believe the agreement is unilateral, damaging and contrary to the sovereignty of the Philippines.

[Citation required] The agreement was characterized to grant immunity from prosecution to U.S. military personnel who commit crimes against Filipinos[7] and to treat Filipinos as second-class citizens in their own country. [8] [9] Because of these problems, some members of the Philippine Congress considered ending the VFA in 2006. [10] [11] However, the agreement has not been amended. Under Article V of the agreement, the detention of U.S. personnel whose case falls under Philippine jurisdiction is “immediately pending with U.S. military authorities if they so request,” from the time the crime was committed, until all judicial proceedings have been completed. However, U.S.

military authorities must provide the defendants with Philippine authorities “in a timely manner for an investigation or judicial proceeding related to the crime.” But the VFA – the latest version of which was first ratified in 1999 – plays a fundamental role in normal military activities within the alliance`s borders. Without VFA, the temporary presence of US forces in the Philippines and, above all, the implementation of the Enhanced Defense Cooperation Act (EDCA) of 2014 would be impossible. According to the text of the diplomatic note, the six-month repeal “could be extended by the Philippines for another six months.” After that period, unless steps to the contrary are taken, Manila would revert to its original plan to repeal the agreement, which was first announced on February 11, 2020. Paradoxically, the death knell for the VFA could come from Washington itself, not from Manila. Asked about his thoughts on Duterte`s termination of the deal, Trump replied, “I don`t mind if they want to do that. This will save a lot of money. . My views are different from others. Trump`s statement underscores his general lack of appreciation for international agreements and alliances in favor of his “America First” policy. However, the two leaders held talks on April 19, and it was unclear whether the VFA had come forward. Whatever happens, the fate of the VFA will set the tone for the alliance, at least for the rest of Duterte`s term until 2022, if not beyond. President Obama and Duterte`s predecessor, Benigno Aquino Jr.