By Rey O. Arcilla
EXCEPT for US Ambassador Philip Goldberg, it appears everyone is in agreement that accused murderer Lance Cpl. Joseph Pemberton should be under the custody of the Philippine government under the terms of the Visiting Forces Agreement (VFA).
Among those who agree are Senate President Franklin Drilon, Senators Miriam Santiago and Chiz Escudero, Justice Secretary Leila de Lima, Malacañang and DFA spokesmen, pro-Filipino groups, legal experts and various other parties.
Drilon also called on the DFA to initiate a review of the VFA, particularly on the provisions pertaining to detention and custody of US troops who commit crimes punishable under Philippine laws while off duty on Philippine soil.
A couple of years ago, Foreign Secretary Albert “Super Amboy” aka “Giant Smiley” del Rosario, had said that a review was in fact going on. This was confirmed by Justice Secretary de Lima recently. Obviously, no agreement has so far been reached.
I will bet my bottom peso that no such agreement will ever be reached given the US’ unwavering and non-negotiable stance when it comes to the protection of her nationals, especially her men in uniform. Proof of this is the non-accession by the US to the Rome Statute that established the International Criminal Court (ICC) in The Hague. (Senator Miriam Santiago was once elected as a judge of the ICC but opted not to assume the post.)
The Rome Statute identified four core international crimes, namely, genocide, crimes against humanity, war crimes and the crime of aggression. Those crimes shall not be subject to any statute of limitations.
Given the US’ track record of armed aggression against other states not sanctioned by the United Nations or international law, e.g., Cambodia, Grenada, Iraq, one can readily understand her position.
As of September 2014, only 122 countries have ratified the Rome Statute while 72 others have neither signed nor ratified or acceded to it. Among them are the US, Russia, China, India, Israel, Sudan and some Arab countries.
It will, therefore, be a futile exercise to negotiate with the US on this matter of custody. It is bad enough that she had to concede jurisdiction over erring military personnel to Philippine courts. It would be too much to expect her to concede custody as well. With custody, she at least still retains some options to protect her national’s interest.
I believe the best way to deal with the situation is to abrogate the VFA, the statement of former President Fidel Ramos notwithstanding.
Ramos said the issue “must not be the cause in damaging Philippines-US relations because there are higher interests.”
“I’m sorry for the families and I’m sorry also for the US side but in this case it must be our higher interests, the Philippine interests, (that must be protected) because we are in the battlefield and we are the victims of bullying,” he added.
I ask, are there any interests higher than our national sovereignty, territorial integrity, the interest of Noynoy’s bosses and national self-respect?
Ramos referred to us as the victims of bullying, obviously referring to China. Does he honestly believe the US will sacrifice her far more important relations with China for our sake? I wonder if he studied International Relations 101 at West Point.
Incidentally, it was Ramos who started negotiating with the US the VFA, later inexplicably approved by his successor, Joseph Estrada. And to think that Estrada was one of the so-called Magnificent Twelve in the Senate who voted in 1991 to reject the continued stay of the US military bases in the country.
***
The big question in my mind is what President Noynoy “Amboy” Aquino’s position is on this controversy.
Or, for that matter, his alter ago on foreign affairs “Super Amboy aka Giant Smiley” Del Rosario who, although his spokesman had said the DFA was dismayed by the US denial to turn over custody of Pemberton to us, has not pronounced himself on the matter, unlike Justice Secretary de Lima or Senate President Drilon.
Ooops… I withdraw the question. His moniker alone should tell everyone what his position is.
Nonetheless, Noynoy’s bosses still hold Del Rosario to his solemn vow that he would be wise to keep:
“It’s my job to make (VFA) work. Justice will be served.”
***
Incidentally, when asked by reporters why the US interpretation of the VFA on the custody of Pemberton prevailed over that of the Philippines’, DFA spokesman Charles Jose said: “They have custody over the person. They can decide whether to give him up or not.” That’s it?!
Can we not just take over in guarding him? He is on our sovereign territory. I do not believe the container where he is now ensconced is “extraterritorial” as defined under the Vienna Convention on Diplomatic Relations. So why not just
shove his American guards aside and let our soldiers guard him? That’s what the Americans would do in a similar situation. We can allow an American national to continue staying with him in the container to keep him company until such time as we decide to move him to a regular jail.
As a self-confessed senile and retired diplomat-friend said:
“How spineless can we get? Tsk, tsk, kawawa naman ang bayan kong magiliw (or bayan kong sawi?), binubully na ng “kalaban(?)”, binubully pa rin ng “kaibigan (?)”.
***
As the old cliché goes, “only in da Pilipins”.
Imagine! A national prison with amenities of a five-star hotel? A national prison run by drug lords! Wow!
Even countries like Colombia and Mexico that are notorious for drug cartels, do not have such prisons.
Let’s face it, such things could not happen unless the authorities charged with running prisons are in cahoots with the inmates.
And it is not like it is the first time that anomalous activities have been uncovered in the national prison. Wealthy inmates, rapists and murderers alike, have been known to enjoy prohibited privileges inside the prison during the present administration with its “daang matuwid” banner.
Yet, as far as is known, none of those responsible for allowing the illegal activities have been punished for their offenses.
Let’s watch if heads will roll this time.
***
After more than five decades, Washington finally realized the futility of trying to bring down the regime of Fidel Castro through trade embargo.
I have no doubt that credit should go to President Barack Hussain Obama himself for the US Government’s momentous policy decision to lift the trade embargo against Cuba and to re-establish diplomatic relations with that Caribbean nation. His is a psyche that understands the plight of the poor, the oppressed and the pain of racial discrimination. That is why the so-called “establishment” in the US, comprised mostly of wealthy Republican white supremacists, hate him.
The Cuban people, of course, deserve full credit for this turn of event. Their determination to stand on their own, notwithstanding the pressures that were brought to bear upon them, their steadfastness in the face of adversity, and their fierce
nationalism (there’s that word again that is anathema to past colonial masters) were simply superb!
***
Reminders (for Noynoy):
1) Filing of charges against officials of the National Food Authority (NFA) during Arroyo’s illegitimate regime. Noynoy himself said on several occasions that there is documentary evidence to prove the venalities in the past in that agency. That was more than four and a half years ago.
2) Investigation of reported anomalies in the GSIS during the watch of Winston Garcia and order his successor, Robert “Pretty Boy” Vergara, to file the proper charges, if warranted, against the former.
Noynoy should also order Vergara to report to him on COA’s findings that:
(a) He received the obscenely excessive compensation of P16.36 million in 2012 making him the highest paid government servant then. The latest COA report also has Vergara as the highest paid for 2013 with P12.09 million; and
(b) That over a year ago, at least P4.13 billion in contributions and loan payments made by 12 government offices, maybe more by now, to the GSIS had not been credited to the offices as of Dec. 31, 2011.
COA also said at the time that the amount of unrecorded remittances could go much higher because only 36 agencies have at that time responded out of the 186 that were sent confirmation requests by government auditors. Of the 36, 27 confirmed “discrepancies” in their premium and loan payments ledgers when compared with those of the GSIS.
There are three questions being raised when remittances, or parts thereof, of government agencies are not recorded by the GSIS on time: a) Where are these huge sums “parked” in the meantime?; b) Do they earn interest?; and c) To where (whom?) does the interest, if any, go?
Pray tell, Mr. Vergara, what is the present status of these funds, including those that may have been remitted since and not yet recorded by the GSIS? How long do you think you can “dedma” these questions?
I believe it is time for COA to follow up on what Vergara has done on the above findings so that affected GSIS members would know the status of their contributions!
In this connection, I would like to address this question to Mesdames Grace Pulido Tan and Heidi Mendoza of COA: “Is Vergara one of the sacred cows in Noynoy’s coterie whom you are afraid to investigate?”
***
Today is the 235th day of the eighth year of Jonas Burgos’ disappearance.
The trial of the primary suspect in the enforced disappearance of Jonas, Maj. Harry Baliaga, Jr. has finally begun about three months ago, after seven and a half years.
I dread to think how many more years it will take before Jonas’ disappearance is finally resolved.
***
From an internet friend:
A Christmas Story (sort of…)
Isaac a wealthy Brooklyn optician, decided to send his son to Israel to absorb some of the culture of the homeland. When the son returned, the father asked him to tell him about his trip. The son said, “Pop, I had a great time in Israel. By the way, I’ve converted to Christianity.”
“Oh, my,” said the father. What have I done?” He decided to go ask his
friend Jacob what to do. Jake said, “Funny you should ask. I too sent my son to Israel and he also came back a Christian. Perhaps we should speak to Rabbi Ezekiel
and ask him what’s happening over there.” So they went to see the Rabbi.
The Rabbi said, “Funny you should ask. I too sent my son to Israel. He also came back a Christian. What is happening to our young people?
Perhaps we should talk to God and ask him what to do.”
The three of them prayed and explained what had happened to their sons and asked God what to do.
Soon, a booming Voice came loud and clear from Heaven. The Voice said…
“Funny you should ask. I, too, sent my Son to Israel...
***
A Merry Christmas to one and all!
***
Email: roacrosshairs@outlook.com
FB: https://www.facebook.com/reynaldo.arcilla.9847
No comments:
Post a Comment