Friday, November 9, 2012

No VFA cover for dumping


Santiago seeks Senate probe of US Navy contractor

Subic waste dumping

The United States Navy contractor accused of dumping hazardous waste into Subic Bay last month is not covered by the Visiting Forces Agreement between the US and the Philippines, the Department of Foreign Affairs said on Friday.
“The VFA only covers US military personnel and US civilian personnel who are individuals employed by the US Armed Forces or those that accompany them such as employees of the American Red Cross and United Services Organization,” said Assistant Secretary Raul Hernandez, the DFA spokesperson.
“Since Glenn Defense Marine Asia Philippines Inc. cannot be considered US personnel, clearly its acts as third-party contractors are not covered by the VFA,” Hernandez said.
The VFA, the 1999 agreement that provides the framework for regulating the presence of US military forces and equipment in the Philippines, allows the US government to retain jurisdiction over US military personnel accused of committing crimes in the Philippines, unless the crimes are of “particular” importance to the Philippines.
The debate over this controversial aspect of the VFA—which many Filipinos see as one-sided and an affront to the sovereignty of the Philippines—has come into play once again after the Malaysia-based US Navy contractor accused by the Subic Bay Metropolitan Authority (SBMA) of dumping toxic waste in its waters invoked the protection of the VFA.

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