ANALYSIS
Gloria Will Stand by the U.S. in Subic
Gang Rape
The record of President Gloria Macapagal-Arroyo on the Visiting Forces
Agreement (VFA) with the U.S. government reveals that she will not likely
support any legal action against five U.S. Marines who are accused of
gang-raping a Filipino woman on Nov. 1.
By Bulatlat
AGAINST THE YANKEES: U.S.
Marines walk past the USS Essex, which carried U.S. soldiers to the
Philippines for the Balikatan military exercises in Subic, Zambales (left
photo), as women activists picket the U.S. Embassy in Manila to demand
justice for the Filipina raped in the former U.S. naval base.
The record of President Gloria Macapagal-Arroyo on the Visiting Forces
Agreement (VFA) with the U.S.
government reveals that she will not likely support any legal action
against five U.S. Marines who are accused of gang- raping a Filipino woman
on Nov. 1. To avoid another irritant with the
U.S. government, Macapagal-Arroyo has
allowed other officials most especially her foreign secretary for a
reaction. Foreign Secretary Alberto Romulo has vowed to bring justice to
the case.
But all this may just be for show and cannot hide the fact that the
President, who continues to face calls for her removal from office, has
always stood by the side of the
U.S. - even at the expense of her
own officials.
Then Vice President Teofisto Guingona was forced to resign his concurrent
post as foreign secretary sometime 2002 over irreconcilable policy
differences with Macapagal-Arroyo with regards the VFA and the "Balikatan"
war exercises between Philippine and
U.S. forces. Macapagal-Arroyo then
appointed the pro-American Blas Ople to replace Guingona.
Elmer Cato and lawyer Amado Valdes, two executive directors of the VFA
monitoring commission, which is under the Department of Foreign Affairs (DFA),
were sacked one after the other. Cato had warned about many violations
committed by visiting U.S. forces against the VFA while Valdez had
insisted on prosecuting three drunken U.S. soldiers who rammed their
vehicle at an electric post and a variety store in
Zamboanga
City in 2003.
In exchange for the Philippines being given the status of a major
non-NATO ally, Macapagal-Arroyo signed an immunity agreement with U.S.
President George W. Bush, Jr. in 2003 protecting U.S. forces in the
Philippines from prosecution under the International Criminal Court (ICC)
Treaty.
Not one prosecuted
So far since the VFA took effect in 1999, none of the several U.S.
soldiers who were accused of committing offenses resulting in the death or
injury of a number of Filipino civilians have been prosecuted. This is
because either the suspects were spirited away by their own military
superiors or Philippine foreign affairs and justice authorities appeared
to lack any seriousness in bringing the perpetrators to justice.
The reported rape of a 22-year-old Filipino woman in Subic may
suffer the same fate. The woman, a college graduate and not a sex worker,
was allegedly raped by five U.S. Marines. (A witness earlier said there
were six involved, namely, Keith Silkwood, Daniel Smith, Albert Lara,
Dominic Duplantis, Corey Barris and Chad Carpenter.)
Although a criminal complaint has been filed with the Olongapo
prosecutor's office, the rape suspects remain under the custody of the
U.S. Embassy. The alleged offense was committed not "in the performance of
official duty" and was well within Philippine law. This should give the
regional trial court in Olongapo exclusive jurisdiction over the case.
Under the VFA, however, this jurisdiction does not confer on the
Philippine government the right to keep the accused in its custody. Any
complaint filed against the suspects should be heard within one year and
while this is pending, the U.S. soldiers remain in U.S. custody. If the
case is not concluded in one year, the accused can be sent back to the
U.S.
With the VFA tilted in favor of the U.S. and Macapagal-Arroyo being on
record as fully subservient to U.S.
military interests even if – as progressive groups would put it - these
are clearly unconstitutional
and an infringement on the country's sovereignty, the new Olongapo rape
case will most likely become another victim of a whitewash. To forget
everything and keep security ties between the
Philippines and the U.S. in good shape, an
amicable settlement might be forced upon the rape victim.
In the Philippines and in many other countries where there are U.S. forces
and facilities, it is a rarity that a crime committed by the armed
personnel of the world's only superpower is litigated successfully in
favor of the victim. Macapagal-Arroyo will just be courting the ire of the
U.S. if she pursues the Olongapo case to the end especially at this time
when she needs its continued support as her regime continues to crumble.
How can one possibly expect a President who is accused of major crimes
ranging from electoral fraud to politically-motivated killings to uphold
Philippine laws? Bulatlat
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