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Tag Archives: Daniel Smith

Its has been 10 yrs since the Visiting Forces Agreement (VFA) has been active, allowing the U.S. to send troops to the Philippines. Its like the they never left…

The VFA allows U.S. troops into the Philippines without having to go through customs, where they are screened for things like the swine flu. Any soldier that may have the swine flu may walk in as they please where anyone else that may have at least one of the symptoms will be detained for a days. Furthermore, a Philippine citizen that may have caught the virus will have a hard time getting over the flu because health care is not affordable  which makes it lethal.

The VFA allows the U.S. troops full access anywhere in the Philippines. That means land, sea and air. They could even occupy a house that a family owns.

Collateral damage has increased due to weapons testing and exercises. Family have lost their houses, mothers, fathers, children due to these exercises. Bullets have entered houses while people were sleeping, killing innocent civilians.

U.S. troops  are above any laws in the Philippines. An example is the ‘Nicole’ case where a college student is raped by a U.S. soldier Daniel Smith. Smith was sentenced to jail in the Philippines, however, on his first night in jail he was taken to the U.S. Embassy. If a person was convicted for rape in the U.S. they would have to be in custody until the trial is over. 

Nicole and Vanessa, another Filipina that was raped, we can see that number of cases went up; belittling the rights of Filipinas; and that the Philippines judicial system is a joke because of how Smith was treated with a pardon. 

The VFA is funded by U.S. Taxdollars, therefore we as Americans have blood and injustice on our hands. The money that is funding the killing and injustice of the Filipinos can be used to bail out the struggling Americans in an economic crisis. 

We say no more blood on our hands and not in our name!

JUNK THE VFA!!!!

News Release
April 23, 2009

Reference: Rhonda Ramiro, Secretary-General, BAYAN USA, email: secgen@bayanusa.org

SMITH ACQUITTAL A COLLABORATIVE MANEUVER BY ARROYO & US GOV’T TO PROTECT VFA– BAYAN USA

BAYAN-USA, an alliance of Filipino organizations in the United States, declared the recent court acquittal of US Marine Daniel Smith of a rape conviction back in 2006 as a collaborative move by the US and Arroyo governments to protect the Visiting Forces Agreement (VFA).

The controversial decision comes right after a Philippine Supreme Court (SC) ruling to probe into the circumstances surrounding the affidavit issued by rape victim Nicole and the leakage of a draft Court of Appeals (CA) ruling of acquittal for Smith last week, prompting CA officials to act fast.

The 2005 rape of 22 year-old Filipina Nicole leading to the 2006 trial and conviction US Lance Corporal Smith was a landmark case that marked the first time in the 100+ history of US military presence in the country that a US military personnel was actually convicted under the Philippine judicial system for a crime committed in the Philippines. But the events following the 3091_72824424245_500774245_1500750_4784312_ncelebrated conviction, beginning with Smith’s transfer of custody from Philippine jurisdiction to the US Embassy drew such outrage and condemnation from the streets that it sparked a burgeoning patriotic movement inside Philippine Congress to abrogate the 10 year-old VFA military agreement, which allows for the “temporary basing” of US military troops in over 20 ports throughout the Philippine archipelago.

“Washington and Malacanang panicked,” states BAYAN USA Chair Berna Ellorin. “They needed to do something drastic to stunt the rallying opposition against the VFA. The sacrificial lambs they chose, without surprise, were a Filipina woman and Philippine national sovereignty. The Arroyo administration collaborated with the spin doctors of the US government to concoct this scheme to protect the VFA by undoing the last four years of the Nicole rape case. It’s very disgusting.”

Beginning with the historic conviction of Smith in 2006, the convicted rapist, who was sentenced to life imprisonment, was whisked to the US Embassy to serve his sentence and not in a Philippine detention facility. This drew protests demanding the US government hand Smith over to Philippine jurisdiction. Both the US and Arroyo governments cited stipulations in the VFA protecting US military personnel in their defense of keeping Smith out of a Philippine jail. But a 2009 SC ruling to re-negotiate Smith’s detention from the US Embassy to a Philippine facility was met with refusal by US Embassy officials to follow. The blatant act of denial by the US government to hand over Smith to Philippine jurisdiction prompted several Philippine lawmakers in the Philippine Congress to introduce a bill calling for the termination of the military agreement. In the weeks following, a questionable affidavit was hastily filed by Nicole which served as basis for a so-called “recantation” of her original testimony. It was reported that Smith’s lawyers drafted the affidavit language and persuaded Nicole to sign it before Nicole took off for the United States. After the SC ruling to investigate the circumstances around the affidavit-signing, a Manila reporter leaked news of a draft acquittal for Smith by the Philippine Court of Appeals.

Earlier this year, US President Barack Obama paid Philippine President Gloria Macapagal-Arroyo a phone call expressing support for continuing joint military exercises conducted between US and Philippine troops in the Philippines known as Balikatan, under the auspices of the VFA. This month, over 6000 US troops were deployed to the Philippine regions of Bicol, Central and Southern Luzon, and Zamboanga to conduct the said exercises. The estimated total expense for US militarization in the Philippines since the VFA was enacted has cost US taxpayers a lofty $1 billion; an additional $400 million is set to be spent over the next 10 years.

But Ellorin argued that the anti-VFA movement in the Philippines is larger than the Smith-Nicole gang-rape case of 2005-2006. It is about the context of historical unequal relations between the US and Philippines governments, one in which the US government “dictates and takes from the Philippines whatever it wants to serve its self-interest” while the Philippine government “obeys with complete subservience to the negligence of its own people.”

“The US-Arroyo government partnership in the Smith acquittal has made a mockery of the Philippines, as well as victims of all Filipinos and future generations of Filipinos,” Ellorin concluded. “But it will not stop the movement to abrogate the VFA. In fact, Filipinos all over the world, including the US, will be more compelled to terminate not only the VFA, but the Arroyo presidency, now more than ever.”

BAYAN USA, an alliance of 14 Filipino organizations in the United States, has been campaigning for the termination of the VFA and the withdrawal of US troops from the Philippines for four years. It even released an online petition calling for the abrogation of the VFA accessible at: http://www.ipetitions.com/petition/JunkVFAnow/. The signed petition will be presented by the alliance to US lawmakers and the Obama administration this year. ###