Sunday, April 23, 2017

1951 RP-US Mutual Defense Treaty




MUTUAL DEFENSE TREATY Between the THE REPUBLIC OF THE PHILIPPINES and the THE UNITED STATES OF AMERICA

The Parties of this Treaty

Reaffirming their faith in the purpose and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments, and desiring to strengthen the fabric of peace in the Pacific area.

Recalling with mutual pride the historic relationship which brought their two peoples together in a common bond of sympathy and mutual ideals to fight side-by-side against imperialist aggression during the last war.

Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific area.

Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the Pacific area.

Agreeing that nothing in this present instrument shall be considered or interpreted as in any way or sense altering or diminishing any existing agreements or understandings between the Republic of the Philippines and the United States of America.

Have agreed as follows:

Article I. The parties undertake as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relation from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

Article II. 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.

Article III. The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty and whenever in the opinion of either of them the territorial integrity, political independence or security of either of the Parties is threatened by external armed attack in the Pacific.

Article IV. Each Party recognizes that an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.

Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Article V. For purposes of ARTICLE IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.

Article VI. This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

Article VII. This Treaty shall be ratified by the Republic of the Philippines and the United States of America in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Manila.

Article VIII. This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other party.

In witness whereof the undersigned Plenipotentiaries have signed this Treaty.

Done in duplicate at Washington this thirtieth day of August, 1951.

For the Republic of the Philippines:

(Sgd.) CARLOS P. ROMULO
(Sgd.) JOAQUIN M. ELIZALDE
(Sgd.) VICENTE J. FRANCISCO
(Sgd.) DIOSDADO MACAPAGAL

For the United States of America:

(Sgd.) DEAN ACHESON
(Sgd.) JOHN FOSTER DULLES
(Sgd.) TOM CONNALLY
(Sgd.) ALEXANDER WILEY

Saturday, April 22, 2017

U.S. can invoke MDT for PH support in war with North Korea - Vera Files





"x x x.

Number one, there are more than 60,000 Filipinos in South Korea. Many are married to Koreans while a large number are workers. A displacement of these huge number of Filipinos will mean difficulties not only for the workers and their families but also to the Philippine economy.

Number two, the U.S. can invoke the 1951 RP-US Mutual Defense Treaty that states:

“ARTICLE IV. Each Party recognizes that an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.”

The Philippines has no warships or warplanes to add to the armada of battleships that the U.S. Pacific Command is starting to position off the Korean Peninsula. But U.S. warships and warplanes can refuel in the Philippines in military bases where the U.S. was allowed to set up facilities under the Enhanced Defense Cooperation Agreement (EDCA) signed in 2014.


Filipinos in South Korea. Photo from dfa.gov.ph

Lawyer and broadcaster Mel Sta. Maria, Jr., dean of Far Eastern University Institute of Law said the U.S. can invoke the MDT in enlisting the support of the Philippines in a conflict with North Korea because, “According to Article 5, an ‘armed attack’ includes an attack on its ‘public vessels’ in the Pacific. :

However, Sta. Maria said, “Under Article 3, the extent of Phil. assistance in the implementation of The MDT will still be subject to consultation between the US and Phil, but all efforts must be, in accordance with the stated purpose of the treaty, in view of ‘their sense of unity and their common determination to defend themselves against external armed attack so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific.’"

Sta. Maria further said, “One thing is sure, under the MDT, in case a U.S public ship is attacked, the Philippines must declare our support for US but the extent of support is subject to the Philippine Constitution and UN Charter. Support can very well be a public declaration of support without more.”

x x x."

Lingayen-Dagupan Archbishop Socrates Villegas Meets Inquirer Multimedia in re: war on drugs, death penalty, other issues.

Death Penalty: Do we really need it?





Tapatan sa Aristocrat
June 27, 2016
Guests:
1. Rodolfo Diamante - Executive Secretary, CBCP-ECPPC
2. Martin DiƱo - Volunteer Against Crime and Corruption 
3. Rafael Alunan III - Former Secretary, DILG & Tourism
4. Fr. Jerome Secillano - Executive Secretary, CBCP Public Affairs
5. Adolfo Paglinawan - Chairman & CEO, Affinity Publics

Davao Death Squad: Facts and Figures





GUESTS:
Fr. Amado Picardal, CSSR
Former Spokesman, Coalition Against Summary Executions
Prof. Loretta Ann Rosales
Former Chairperson, Commission on Human Rights

Philippines Death Squad Killings -- Interview with Former Hitman. - "Published on May 20, 2014 (Manila, May 21, 2014) The Philippine government should investigate an alleged "death squad" implicated in several hundred killings in Tagum City on the southern island of Mindanao. Official police records obtained by Human Rights Watch show 298 killings between January 2007 and March 2013 that provincial police attributed to the "Tagum Death Squad," and for which no one has been prosecuted. http://www.hrw.org/news/2014/05/20/ph..."

PH barred from reintroducing death penalty, UN reminds Senate | INQUIRER.net





"x x x.

PH barred from reintroducing death penalty, UN reminds Senate
INQUIRER.net / 05:33 PM April 17, 2017

The Philippines is prohibited from reimposing capital punishment because of international treaties signed by the government, a United Nations (UN) body reminded the Senate.


In a letter dated March 27, UN Human Rights Committee chair Yuji Iwasawa expressed “grave concern” over the passage of the death penalty bill at the House of Representatives and urged the Senate to “refrain from taking retrogressive measures.”

Iwasawa reminded Senate President Aquilino “Koko” Pimentel III that the Philippines is party to the International Covenant on Civil and Political Rights (ICCPR) and the two Optional Protocols.

Article 6 (2) of the ICCPR bars States from reintroducing death penalty once it is already abolished, whether through amending domestic law or acceding to the Second Optional Protocol. The same article provides that, “in those States which have not abolished the death penalty, the sentence of death can only be applied for the most serious crimes.”

“The Committee is currently in session in Geneva. It expresses its grave concern at information it has received about the passage of a bill through the Houses of Congress to reintroduce the death penalty, for drug related offenses, in the Philippines. It understands that the Senate will consider this bill soon,” Iwasawa wrote.

“The Committee reminds the State party about denunciations of the Second Optional Protocol, as set out in its General Comment No. 26 on Continuity of Obligations. The Second Optional Protocol excludes the possibility of denunciation by omitting a denunciation clause to guarantee the permanent non –reintroduction of the death penalty by States that have ratified it,” he said.

The UN official added: “On behalf of the Committee, I call on the State Party to take its obligations under the ICCPR and the Second Optional Protocol seriously and refrain from taking measures, which would only undermine human rights progress to date.”

In December last year, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein also wrote to Pimentel and House Speaker Pantaleon Alvarez, both allies of President Rodrigo Duterte. He warned that the Philippines would “violate its obligations under international human rights law if it reintroduced the death penalty.”


“International law does not permit a State that has ratified or acceded to the Second Optional Protocol to denounce it or withdraw from it,” Hussein then said.

Senators are divided on the fate of the death penalty bill in the upper chamber, where it is not a priority measure.

RELATED STORIES

x x x."

WikiLeaks cables: Arroyo scandals affected Spratlys, Scarborough | ABS-CBN News





"x x x.

WikiLeaks cables: Arroyo scandals affected Spratlys, Scarborough
by Jojo Malig, ABS-CBNnews.com
Posted at Apr 17 2012 11:03 PM | Updated as of Apr 18 2012 07:47 AM

China used 'carrot and stick' to pressure Arroyo administration
US embassy memos support the Philippines' claim

MANILA, Philippines - Corruption scandals during the Arroyo administration that involved Chinese investments broke the fragile situation in the disputed Spratly Islands and Scarborough Shoal, US embassy cables leaked by anti-secrecy group WikiLeaks said.

Cable 08MANILA1838, classified confidential and sent August 1, 2008 in the name of then US Ambassador to the Philippines Kristie Kenney, discussed the allegations that Arroyo's husband, Mike, had accepted multimillion-dollar kickbacks from the Chinese in return for facilitating a $349 million telecommunications deal between the Chinese ZTE Corporation and the Philippines' National Broadband Network (NBN).

The Arroyos have since been charged with graft over the botched deal but have claimed innocence on the allegations.

"This and other recent scandals involving the Chinese led to charges in Congress and media circles that the Arroyo administration had likewise assented to the Spratlys joint seismic exploration deal in exchange for bribe-tainted loans, and that the government's attempts to get Congress to back off on inclusion of the Spratlys in Philippine baselines was similarly motivated by illicit Chinese influence," said the memo addressed to the US Secretary of State.

The memo was referring to the 2005 Joint Marine Seismic Undertaking (JMSU) agreement between China, Vietnam, and the Philippines that coordinated "pre-exploration" of possible hydrocarbon reserves in the Spratlys. 

The JMSU was not extended when it expired because of the corruption scandals involving Chinese projects in the country, according to another confidential cable, 09MANILA428, that was sent by the US embassy in Manila on February 26, 2009.

"Following allegations of kickbacks and corruption, the Arroyo administration had little choice but to allow the JMSU agreement to lapse when in expired at the end of June 2008," it said.

Cable 08MANILA998, dated April 28, 2008 directly linked the controversy over the failed ZTE broadband deal with the JMSU in the Spratlys. 

"In the wake of the ZTE scandal, allegations emerged that the Arroyo administration allowed the seismic exploration deal in exchange for bribe-tainted loans," the cable said. "Legislative and media critics of Arroyo have suggested that the administration is dragging its feet in meeting a 2009 UN Convention on the Law of the Sea (UNCLOS) deadline for defining the Philippine archipelago's baselines."

Under UNCLOS, the Philippines retains an Exclusive Economic Zone (EEZ) of 200 nautical miles, and may claim an extended continental shelf of 350 nautical miles. 

"Even the Philippines' 200 nm EEZ includes most of the islands, while the 200 nm EEZs of China, Taiwan, and Vietnam include few or none," cable 09MANILA428 said.

Arroyo did sign a compromise baselines bill into law, just barely making the deadline. 

US embassy memos, however, pointed out that the law did not include the disputed territory in the Philippines' baselines and left the Spratlys and Scarborough classed as "regimes of islands."

According to cable 09MANILA428, Arroyo saw the compromise bill as the best way to prevent the tension over the disputed territories from worsening "and partly out of recognition that the Philippines lacks the military capacity to defend the Spratlys, if it should ever come to that."

The memo believes that with the compromise bill, Arroyo hoped that she may have "placated" China's simmering anger.

Other leaked US embassy cables also discussed several Chinese projects in the country that got entangled in controversy, as well as the Spratlys dispute.

They include the primarily Chinese-financed and Chinese-contracted North Luzon Railways (Northrail) project, which entails the construction of an 80-kilometer railway from metropolitan Manila to the Clark Freeport, as well as the expansion of the airport at the former Clark airbase. 

"However, allegations of overpricing and kickbacks in China-financed and -built infrastructure projects arguably led China to withdraw its offer of concessionary financing for the project in order to avoid the controversy that might follow the contract. The scrutiny of Chinese-funded projects has intensified and expanded to cover the Bauang pump irrigation project, the General Santos Fish Port Complex, the Northrail Project, and others," cable 08MANILA998 said.

China threatened Philippines

China used carrot and stick to pressure the Philippine government during the Arroyo administration, according to a confidential cable sent March 5, 2009 by the US embassy in Beijing.

Cable 09BEIJING579 said a high-ranking Philippine embassy official in China, whose name ABS-CBNNews.com is withholding because of a "strictly protect" tag in the memo, told a US political officer that Beijing's official protests against the Philippines' baseline bill had raised concerns that China was hardening its policy on the South China Sea. 

"We had never been nudged before like that," the Philippine official said. 

The official revealed that a February 18, 2009 summons meeting, Chinese Vice Foreign Minister Wang Guangya reiterated his government's position on the South China Sea, rejecting any Philippines' claim to the Spratly Islands and Scarborough Shoal. 

The Chinese official asked that the Philippine government take action to prevent enactment of the baselines bill, and reserved "the right of China to take action" over the issue.

The Philippine official expected Arroyo to sign the bill into despite China's protests "given that the Philippines believed it had already made concessions to China on this issue."

Arroyo befuddled by Spratlys

Cable 08MANILA1838 said the Spratlys controversy was "a strategic conundrum to the Arroyo administration."

"Filipino nationalism and widespread suspicion over China's intentions in the region militate in favor of the government taking a more aggressive stance in advocating for Philippine sovereignty over the islands, and the terms of the UNCLOS likewise tend to favor such a position," it said. 

"On the other hand, the Philippines is the weaker party in an increasingly asymmetric relationship with China, and Philippine military forces are sufficiently occupied in addressing the nation's insurgent groups, without the added worry of projecting power in the South China Sea," it added. "It is clearly not in the Philippines' best interests to allow tensions in the South China Sea to escalate to the level of armed confrontations."

While the American government supported the Philippines' stand that international law must prevail to settle its territorial dispute with China, US embassy in Manila maintained a hands-off policy on the issue.

"When questioned by the Philippine media about the US position on the Spratlys, the Ambassador and other USG officials have consistently stressed that the US is not a party to territorial disputes in the region, and that it is our hope that all such conflicts will be resolved peacefully among the relevant parties in accordance with applicable international law," cable 08MANILA1838 said.

The cable cited the embassy's response to questions regarding military war games between the Philippines and the US and how they are related to the Spratlys.

"We carefully responded that the purpose of the bilateral naval exercise in question was to build capacity for interoperability and bilateral cooperation, that the exercise would not be carried out in the Spratlys area, and that the US calls on all claimants to resolve the issue peacefully," it said.

x x x."

Police behind most killings in Duterte's drug war, insiders claim | Reuters News | GMA News Online





"x x x.

REUTERS SPECIAL REPORT
PNP behind most killings in Duterte's drug war, police insiders claim
Published April 18, 2017 8:54pm
By MANUEL MOGATO and CLAIRE BALDWIN, Reuters

The Philippine police have received cash payments for executing drug suspects, planted evidence at crime scenes and carried out most of the killings they have long blamed on vigilantes, said two senior officers who are critical of President Rodrigo Duterte's "war on drugs."

In the most detailed insider accounts yet of the drug war's secret mechanics, the two senior officials challenged the government's explanations of the killings in interviews with Reuters.

Almost 9,000 people, many small-time users and dealers, have been killed since Duterte took office on June 30. Police say about a third of the victims were shot by officers in self-defence during legitimate anti-drug operations. Human rights monitors believe many of the remaining two thirds were killed by paid assassins operating with police backing or by police disguised as vigilantes - a charge the police deny.

The two senior officers, one a retired police intelligence officer and the other an active-duty commander, claimed the killings are in fact orchestrated by the police, including most of those carried out by vigilantes. They spoke with Reuters on the condition of anonymity.

"It is the Philippine National Police doing it," said the retired intelligence officer. "This killing machine must be buried six feet under the ground." He said he was angry about the impact of the killings on police discipline and wanted "to put Duterte on the defensive." Reuters was unable to independently verify if the police are behind vigilante killings.

The president's office and the Philippine police did not respond to questions from Reuters.

'Only the poor are dying'

The intelligence officer has authored an unpublished 26-page report on the conduct of the drug war in an effort to organize opposition to Duterte's campaign. The report, titled "The State-Sponsored Extrajudicial Killings in the Philippines," provides granular detail on the campaign's alleged methods, masterminds and perpetrators. The document has been shared with leaders of the Catholic Church in the Philippines and with the government-funded Commission on Human Rights.

Some of the report's accusations against individuals could not be confirmed by Reuters; the news agency is therefore not publishing the full document. Many of its findings, however, support and expand upon previous investigations of the drug war by Reuters and independent human rights monitors.

Here is the first page of the document:




The report claims that police are paid to kill not just drug suspects, but also - for 10,000 pesos ($200) a head - rapists, pickpockets, swindlers, gang members, alcoholics and other "troublemakers."

It also claims that civilian members of the so-called Davao Death Squad, which rights activists allege killed hundreds of people in Duterte's hometown of Davao, were drafted to "augment and assist" the police's current nationwide anti-drug operation.

The report doesn't provide documentary evidence for its accusations, which the intelligence officer said were based on accounts from 17 serving or former policemen, including the commander Reuters interviewed. The police commander said he agreed to talk because he was upset that authorities are targeting only petty drug suspects. "Why aren't they killing the suppliers?" he asked. "Only the poor are dying."

The second half of the report is largely political in nature, asserting that Duterte has close ties to Communist forces in the Philippines. Many in the military and police are concerned by what they see as Duterte's leftist sympathies. Since taking office, the president has released Communist rebels from prison to restart peace talks.

The report also calls the drug war a "social cleansing" campaign similar to that launched in Mao Zedong's China, with Duterte aiming to have drug addicts "physically eliminated."

New leads

The Commission on Human Rights has reviewed the report and the accounts could open up new leads in ongoing investigations, said chairman Chito Gascon. Church officials confirmed receiving the report as well.

"We should do all we can to follow any lead that could ultimately shed light on these killings with the view to ultimately holding the perpetrators to account," said Gascon.

The fresh claims come amid growing criticism of the drug war. In February, the country's influential Catholic Church called it a "reign of terror." The campaign has also sparked street protests and lawsuits.

Duterte's police chief, Ronald Dela Rosa, halted police operations for most of February after it emerged that an anti-drug unit had kidnapped and murdered a South Korean businessman last year. The killings continued but at a slower pace. On March 6, Dela Rosa announced that the police were resuming their drug operations.

In March, a former policeman, Arturo Lascanas, testified in the Philippine Senate about his role in vigilante-style killings in the southern city of Davao, where Duterte was once mayor. Lascanas was the second Senate witness to link Duterte to the Davao Death Squad. Duterte denies ordering any killings, either as president or mayor.

In a subsequent interview, Lascanas told Reuters that for over a decade he was paid for carrying out the liquidation of drug suspects and criminals. In the early 1990s, he said, he was paid 3,000 to 5,000 pesos ($60-$100) for each of the "jobs" he performed. By the early 2000s he was earning tens of thousands of pesos for each operation, he said. Lascanas said he had no documentary proof of the payments. He has since left the country.

Unplugging cameras

In the past nine months, police acknowledge having shot dead more than 2,600 suspects during their operations. They say such shootings occur after suspects open fire on undercover officers trying to catch them dealing drugs.

But these so-called "buy-busts" are actually well-planned executions, said the commander interviewed by Reuters. The commander said targets are chosen from lists of suspects drawn up by police and local officials, who later coordinate to unplug security cameras in the neighbourhood where a killing is planned. According to the report, street lamps are also switched off.

"There is no such thing as a legitimate buy-bust," the commander said. "The dealers know the cops and won't sell to them."

Instead, he said, a team of police operatives will execute the target, who is almost always unarmed, then plant guns and drugs at the crime scene to justify the use of deadly force.

"We have to plant evidence for the legality of the operation," the commander said. "We are ordered to do these operations, so we have to protect ourselves."

The commander said officers put the gun in the dead suspect's hand and pull the trigger with the victim's finger so forensic testing will show that the suspect fired a gun.

Late last year, he said, police crime-scene investigators told their fellow officers to place the guns at a slight distance from the suspects, rather than in their hands, to make things look more realistic.

Most drug suspects in his precinct are shot by rookie cops who are either eager for the experience or nominated by their superiors, the commander said. The superiors refer to this as a "baptism by fire."

Each member of the team is quickly paid according to two factors, said the commander: his role in the killing and the target's value.

Cash rewards

According to the report, the cash "reward scales" for drug killings range from 20,000 pesos ($400) for a "street level pusher and user," to 50,000 pesos for a member of a neighborhood council, one million pesos for "distributors, retailers and wholesalers," and five million for "drug lords."

Police officers kill for money, said the commander, but also out of fear: Even the police are afraid of being included on a "watch list" of drug suspects drawn up by police and local officials.

Officials have been killed for not cooperating, he added. He said he was aware of two cases but did not provide details on exactly what happened.

Reuters reported last year that the watch lists were effectively hit lists, with many of those named ending up dead. Another Reuters investigation showed that police officers were killing 97 percent of the suspects they confront in violent buy-bust operations, the strongest evidence yet that the police were summarily executing suspects.

Officers also cooperate because they know the police force's flawed disciplinary system, which fails to adequately investigate even a fraction of the killings, means there is little chance they will get caught, said the intelligence officer.

One sign of the drug war's success, says the government, is that more than a million users and pushers have voluntarily registered with the police, a process known as "surrendering."

But the commander said police are given a quota of "surrenderers," and fill it by using city ordinances to arrest men who are drunk or shirtless - a misdemeanor known as "half-naked" - then forcing them to register as drug suspects.

Reuters learned of the intelligence officer's 26-page report from him and interviewed two Catholic priests in Manila who said they had encouraged him to compile it. One of the priests said he edited the report; the other said he helped distribute it among a small group of clerics and human rights activists. Both are helping organize opposition to Duterte's drug campaign.

The Church's initial reluctance to criticize Duterte's drug war was prompted by a desire to "give him a chance" when he took office, said one of the priests. But the killings, along with the president's overtures to Communists, made many in the Church feel their values were under attack, he said.

The intelligence officer said he hoped the report would be used as evidence at the International Criminal Court. In October, the Hague-based tribunal said it could prosecute suspects if the killings were "committed as part of a widespread or systematic attack against a civilian population." —Reuters.

x x x."

- See more at: http://www.gmanetwork.com/news/news/specialreports/607460/pnp-behind-most-killings-in-duterte-s-drug-war-police-insiders-claim/story#sthash.CfdW1ILH.dpuf

The Dangerous Few (Psychology Documentary) - Real Stories. - Could the most effective method of crime prevention be a brain scan? This suggestion, the result of recent ground-breaking research, is investigated in the two films that comprise A Mind To Crime. The Dangerous Few examines the surprising claim from the USA that it is possible to identify children as young as four year’s old as potential criminals. Often prone to violence and stealing, children who suffer from Attention Deficit Disorder (ADD) have been found to have brain abnormalities consistent with those who turn to crime. Controversial treatments being developed are also revealed. Violent Minds, the second film, examines the brain abnormalities that affect different types of criminal, as well as investigating the links with drugs and the possibilities of brain damage inflicted before birth.

Picking Up The Pieces (False Imprisonment Documentary) - Real Stories. - Robert Brown is Britain's longest-serving miscarriage of justice victim. At 19 he received a life sentence for a murder he did not commit. After two failed appeals, his conviction was finally overturned in December 2002. This film follows Robert after his release as he tries to rebuild his life.

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