Enhanced Defense Cooperation Agreement

Enhanced Defense Cooperation Agreement
I.
Introduction
The Philippines and the United States relationship is rooted on deep history
and is nurtured by adherence to common values. Its long history of defending liberty
and democracy led to establishing a partnership founded firmly on common legacy as
freedom-loving countries evidenced by the Philippines being a mutual defense treaty
partner and a regional ally. These similarities presently continue as both Parties avow to
work side-by-side to preserve and expand the dividends of peace, stability and progress
that we have effectively attained in the Asia Pacific Region.
The PH- US alliance has continued to evolve as both countries continuously
search for mechanisms that would enhance their individual and collective abilities to
face such security challenges.1 In accordance to the PH-US Mutual Defense Treaty
(MDT) of 1951 and the PH-US Visiting Forces Agreement (VFA) of 1999, the negotiating
team of both Parties came up with a subsidiary agreement that will govern the access of
U.S. planes, warships and troops in the Philippines. The pact is officially called the
Enhanced Defense Cooperation Agreement.
II.
Background
The PH and the US forged a Military Bases Agreement in 1947 allowing the
U.S. to establish bases in the country. Two of the largest bases constructed were Subic
Naval Base and Clark Air Base. The MBA was no longer renewed after its expiration;
however, the Americans never fully withdrew. The U.S. forces have maintained a small
but continuous presence in the PH2 especially after the signing of the Visiting Forces
Agreement in 1999 which allowed the U.S. forces access to the Armed Forces of the
Philippines (AFP) facilities. Also, the PH and the U.S. entered into a Mutual Defense
1 Voltaire T Gazmin, Secretary of National Defense, 2014
2 Obama in the Philippines: Our Goal is Not to Contain China, Rauhala, 2014,
http://time.com/78779/obama-philippines-china/
Treaty in 1951 wherein the US acknowledged an ironclad commitment to the defense of

the Philippines in the event of external armed attack. 3
During the visit of U.S. President Barack Obama, a new agreement called the
Enhanced Defense Cooperation Agreement was signed by the Secretary of National
Defense of the Philippines and the Ambassador of the United States to the Philippines.
The EDCA is designed to promote Interoperability; Capacity building towards AFP
modernization; Strengthening AFP for external defense; Maritime Security; Maritime Domain
Awareness; and, Humanitarian Assistance and Disaster Response (HADR) between both
Parties.
The President of the Philippines mandated the negotiating team of the PH to

strictly observe the following principles: 1) Strict compliance to the Constitution, laws
and jurisprudence; 2) Utmost respect for sovereignty; 3) Requirement for Philippine
consent for all activities; 4) No permanent presence or base by the U.S. troops in the
Philippines; 5) Full Philippine control over facilities to be used; 6) Mutuality of benefits;
7) Non- exclusivity of use of the designated area for U.S. Armed Forces; 8)
Enhancement of AFP capabilities through Joint Training Exercises; 9) prohibition of
nuclear weapons; and, 10) U.S. commitment for long term capability build-up. 4
This agreement envisions to advance the implementation of the MDT
particularly Article 2 which states: In order more effectively to achieve the objective
of this Treaty, the Parties separately and jointly by self-help and mutual aid will
maintain and develop their individual and collective capacity to resist armed
attack. and within the context of the VFA.
At present, both Parties are holding joint training exercises such
as Balikatan and undertaking humanitarian assistance and disaster relief cooperation
such as in the aftermath of Typhoon Yolanda.
3 Implications of the US- Philippines Defence Agreement, Baviera, 2014,
http://www.bangkokpost.com/opinion/opinion/409428/implications-of-the-usphilippines-defence-agreement
4 USEC Batino, Undersecretary for Defense Policy, 2014
Through EDCA additional cooperation by way of (1) Construction of facilities

and infrastructure upgrades; and (2) Storage and prepositioning of defense and HADR
equipment, supplies and materil can be undertaken.
Three of the most significant provisions of EDCA are Articles III, IV and IX
because it provides for the main goals of this agreement. In essence, Article III of the
EDCA provides that the PH authorizes the US forces, contractors, vehicles, vessels,
and aircraft to conduct certain activities with respect to Agreed Locations. These Agreed
Locations would be inside AFP bases and will be determined by the AFP. In any case
that the U.S. request access to public land and facilities (including roads, ports, and
airfields) and those owned by local government units (LGUs), the AFP would only assist
in facilitating transit or temporary access. It is important to note that such request is still
subject to the approval of higher authorities or the LGUs who has jurisdiction over those
lands. With regard to construction of facilities, the PH grants the US operational control
of Agreed Locations, authority to undertake such activities on, and make alterations and
improvements to Agreed Locations. The US forces shall still consult the PH on issues
regarding such construction based on the Parties shared intent that such projects shall
be consistent with the standards of both Parties. 5
Article IV of the EDCA provides for the storage and prepositioning of
equipment, supplies and materil. In essence, Article IV (1) states that The US are
authorized to preposition and store defense equipment, supplies and materil at Agreed
Locations.6 Moreover, Article IV (2) states that The Parties share a recognition of the
benefits that such prepositioning could have for HADR. The Parties also
recognize the value of such prepositioning to the enhancement of their individual
and collective defense capabilities. 7 This article also prohibits nuclear weapons in
consonance to the PH Constitution. Under EDCA, activities aimed at increasing and
5 Enhanced Defense Cooperation Agreement 2014, Article III
6 Ibid, Article IV (1)
7 Ibid, Article IV (2)
strengthening the Parties individual and collective HADR capabilities will be facilitated
and strengthened through prepositioned materil and closer cooperation with the US. 8
Another important aspect of the EDCA can be found in Article IX. This article
raises the importance of protection of the environment, human health and safety in the
context of activities covered by these treaties.
III.
Views and Implications

For the Filipino officials, EDCA is a reflection of a deepening bilateral military
alliance, enhancing the Philippines' capabilities to manage emerging security
challenges. Foreign Secretary Albert del Rosario said the new military pact between the
Philippines and the United States opens a new chapter for modern and mature
defense alliance for the two countries.9
Critics, however, remain unconvinced, dismissing the new agreement as a
strategic blunder which will deepen the Philippines' dependence on the US without
necessarily deterring China's territorial assertiveness in the South China Sea. During his
visit to Manila, Obama refused to clarify whether the US would come to the rescue of
the Philippines if a conflict were to erupt over the disputed features in the South China
Sea. He made it clear that the EDCA was not aimed at China, since Washington does
not take a position on the sovereignty of disputed territories and is primarily concerned
with freedom of navigation in international waters. He encouraged the Philippines' to
pursue a rules-based diplomatic compromise with China, since 'it's inevitable that China
is going to be a dominant power in region.'
8 Frequently Asked Questions on the Enhanced Defense Cooperation Agreement,

DND, April 2014
9 US, PHL sign agreement for increased US troop presence, Legaspi, 2014,
http://www.gmanetwork.com/news/story/358636/news/nation/us-phl-signagreement-for-increased-us-troop-presence
The Philippine government is also expected to face significant opposition in

the legislature, with leading legal experts, questioning the legality of the EDCA, since
the Philippine constitution bars the establishment of permanent US bases in the country.
It is believed that the signing of the EDCA and the increased presence of the
U.S. forces will put the Philippines at stake because the U.S. will have the idea on how
to influence the Philippines. Also, the Philippines would most likely be target of external
threats.
The current Benigno Aquino government, having lost Scarborough Shoal to
Chinese control during a 2012 standoff with China despite the US State Department's
intervention in negotiating a simultaneous withdrawal, is now struggling to keep a
handful of Philippine troops on Second Thomas Shoal supplied with basic necessities.
The result is that PH President faces rising domestic and regional pressure to prove the
efficacy of its South China Sea policy vis-a-vis China. This pressure will only continue to
grow as the level of Chinese coercive diplomacy also continues to rise. While most
Filipinos welcome cooperation with the US, many remain distrustful of unequal
agreements that long characterized relations with the former coloniser, prompting
current US ambassador to Manila Philip Goldberg to say that while past events have
shaped the present "people cannot live in the past."
On the other hand, many Filipinos -- and others in Asean -- deeply distrust
China but are willing to support only peaceful diplomatic means to address regional
disputes. Manila's arbitration case has opened up a new rules-based arena for at least
partial settlement of the maritime disputes in the South China Sea, and the Philippines
hopes that China will seriously reconsider its decision not to participate in the initiative.
The Philippines clearly needs to modernize its external defense capabilities after
decades of preoccupation with internal threats, but no one in Manila wishes to see an
abrupt halt or sudden deterioration in ties with China that might r esult from a more
militarist approach.
Obamas four-nation Asian tour to Japan, South Korea, Malaysia, and the
Philippines plays an important part in maintaining the status quo and balance of power
in the Asia-Pacific Region. During the interview of China Foreign Minister Qin Gang, he
said that The Pacific Ocean should be kept in the Pacific. The EDCA had to maintain
stability in the region. Relevant parties should make positive efforts to enhance mutual
trust and cooperation and promote common peace, stability and prosperity in this
region, rather than the opposite.

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Enhanced Defense Cooperation Agreement

Treaty in 1951 wherein the US acknowledged an ironclad commitment to the defense of

The President of the Philippines mandated the negotiating team of the PH to

Through EDCA additional cooperation by way of (1) Construction of facilities

Views and Implications

8 Frequently Asked Questions on the Enhanced Defense Cooperation Agreement,

The Philippine government is also expected to face significant opposition in

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