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Tag Archives: justice for nicole

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!!!!

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For Immediate Release
April 23, 2009

Reference: Raquel Redondiez, Chair, GABRIELA USA, 415-244-9734

Filipina-Americans in the United States express our disgust and anger at the 05_wo_philippines_smith01_4news that the Court of Appeals in the Philippines has acquitted Lance Corporal Smith in the 2005 rape case of “Nicole.” Lcpl. Smith was convicted of raping “Nicole” on December 4, 2006, and legalities around custody and sentencing has been ongoing for the past three years. Due to the highly contentious Visiting Forces Agreement (VFA), Smith has been in the custody of the U.S. Embassy instead of a Philippine prison. However, on March 12 of this year, a questionable recantation by “Nicole” was released while in the same month, monetary compensation and the termination of her legal counsel casted doubt on who prepared the content of the affidavit.

In this long and dirty case, US and Philippines collusion through loopholes in the VFA have demonstrated that in the Philippines, the rule of law and justice are commanded by American interests and corrupt politicians. The Court of Appeals has failed Filipino women worldwide. Instead of holding Smith accountable of rape, the appellate court has repealed the justice that was already rightfully won by “Nicole” and her family. After years of struggling and fighting with huge and broad support from Filipino organizations like 610xGABRIELA in the Philippines and worldwide, Smith’s acquittal from his legitimate conviction in 2006 is a betrayal to both Nicole and her loved ones, but also to all of the Filipino women, children and men who have been victims of sexual assault and crimes by US military servicemen.

Women’s accounts of rape and assault are often spun into heresy through the manipulation of justice under the auspices of governmental righteousness, as in the case of the US military occupation in the Philippines. Valerie Francisco, Vice Chair of GABRIELA USA stated, “We are witnessing ‘Nicole’s’ story becoming increasingly co-opted by the blind loyalty of the Philippines to American idealism about ‘helping’ us with our perpetual, undefined ‘war on terror.'” Francisco continued, “Nicole’s legacy will not stop at a recantation and acquittal. The fight for justice for Nicole, among so many other victims of militarized gender violence, will not cease at another silenced victim of US aggression.”

Today, when there are 10 women that are “delivered” nightly to US service men for Balikatan excercises, GABRIELA-USA calls for the end of the commodification of Filipino women. With U.S. military exercises held in Bicol this summer, the presence of US troops in very poor rural communities creates a demand that practically coerces local Filipinas into in the sex trade. This is due to the lack of economic options in highly militarized zones of the Philippines.

“This injustice will only fuel anti-VFA movement,” commented Raquel Redondiez, chair of GABRIELA USA, “Under Gloria Arroyo, this seemingly easy deal between the US and her administration for a convicted rapist was an exchange for Philippine sovereignty, justice and democratic ideals. Although Nicole’s family has been through enough and are tired of the trickery, Filipino women’s organizations from the Philippines to the US will continue the fight for justice for Nicole and all victims of sexual crimes under US occupation!”

GABRIELA USA, comprised of Sisters of Gabriela Awaken (SiGaW), Babae in San Francisco, Pinay Sa Seattle and Filipinas for Rights and Empowerment in New York City, strongly denounces the acquittal of Lcpl. Daniel Smith and condemn the collaboration of the broken Philippine judicial system and US military interests for again revoking Nicole what was rightfully hers, justice and dignity. We challenge this decision and demand that the Philippine government and Gloria Macapagal-Arroyo overturn this acquittal.

JUNK THE VFA!
JUSTICE FOR NICOLE!
PUNISH DANIEL SMITH FOR HIS CRIME!

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