US embassy cable - 05MANILA286

C O N F I D E N T I A L MANILA 000286 
 
SIPDIS 
 
DEPT FOR EAP, EAP/PMBS, AND PM 
NSC FOR GREEN 
 
E.O. 12958: DECL: 01/18/2013 
TAGS: MOPS, MARR, PREL, PTER, PINS, RP 
SUBJECT: AFP/DND TALKS PRODUCE PROGRESS ON COUNTERTERRORISM 
SCENARIOS 
 
Classified By: Political Officer Paul O'Friel 
for reasons 1.4(b) and (d). 
 
1.  (C) SUMMARY.  USPACOM's January 12-14 working level 
meetings with Department of National Defense (DND) and Armed 
Forces of the Philippines (AFP) counterparts succeeded in 
developing a range of enhanced US-GRP counterterrorism 
scenarios that should set the stage for further in-depth 
discussions.  The talks were a direct result of Secretary of 
National Defense Cruz's earlier discussions with Admiral 
Fargo.  The DND, which appears to be out in front of the AFP 
on this issue, recognizes it must do more in terms of public 
communications strategy.  END SUMMARY. 
 
LEGAL COUNSELS: VFA COVERS PROPOSED ENHANCED COOPERATION 
--------------------------------------------- ----------- 
 
2.  (C) In follow up to Secretary of National Defense Cruz's 
December 13, 2004 talks with Admiral Fargo, USPACOM and 
AFP/DND counterparts held staff discussions January 12-14 to 
develop a clear set of maritime and land scenarios covering 
the range of options for U.S. counterterrorism assistance. 
According to the interpretation of the DND legal staff, the 
Visiting Forces Agreement will cover the RP-U.S. 
counterterrorism cooperation envisaged in the scenarios. 
Attorney Norman Daanoy, Chief of the DND's Office of Legal 
Affairs, in a January 13 legal brief to Secretary Cruz, 
argued that, while prohibited from engaging in combat except 
in self-defense, U.S. forces in the Philippines could engage 
in a range of "combat-related activities," to include 
providing intelligence, surveillance, and reconnaissance 
support to the AFP. 
 
3.  (C) Attorney Jose Pascual, Secretary Cruz's Legal 
Counsel, seconded this view in talks with U.S. counterparts, 
noting the Philippine Supreme Court (Lim vs. Executive 
Secretary, 380 SCRA 742) explicitly "authorized" U.S. forces 
 
SIPDIS 
to assist, advise, and train GRP counterparts.  "What we are 
now trying to do," he said, "is push the envelope in respect 
to combat-related activities."  Pascual, who previously 
worked for Cruz as a member of the Malacanang legal staff, 
noted, however, any proposed activity should fall under "the 
rubric of exercise" because of the difficulty the word 
"operation" posed for the Filipino side. 
 
AFP NEEDS REASSURANCE, BUT WORKS THROUGH SCENARIOS 
--------------------------------------------- ----- 
 
4.  (C) AFP participants repeatedly sought clarity from 
Daanoy and Pascual as to the legal definition of 
"combat-related activities."   Once the AFP staff understood 
the concept, they developed a range of realistic scenarios 
that should set the stage for further in-depth discussions 
set for February 2005. 
 
5.  (C) In talks with USPACOM Counterterrorism Branch Head 
CAPT Daniel Prince on the margins of the January 12-14 
meetings, Colonel Charlie Holganza, Cruz's senior military 
advisor, cautioned it was important to proceed carefully. 
"We need U.S. assistance, but we can't move too fast for our 
own good," Holganza said, noting that his government was 
focused on eliminating Jemaah Islamiyah (JI) terrorists but 
also needed to preserve the peace process with the Moro 
Islamic Liberation Front (MILF).  He commented that "We have 
to target terrorists in places where we can ensure there is 
no big backlash." 
 
6.  (C) Holganza also emphasized the Philippine side had to 
ensure it had a legal framework in place to support the 
scenarios.   DND staff separately said they recognized the 
need to build backing for the initiative, and planned to 
launch a public communications effort entitled "Freedom from 
Fear" that would demonstrate the benefits of enhanced U.S.-RP 
counterterrorism cooperation. 
 
7.  (C) COMMENT:  Cruz clearly has already focused his staff 
on exploring ways to broaden counterterrorism cooperation 
with the United States within the perceived limits of the 
Philippine constitution.  However, it was also apparent from 
the initial reluctance of the AFP to engage in discussions 
that the DND needs to devote further effort to its 
communications strategy to build the necessary support -- 
both internal and external -- for enhanced US-RP 
counterterrorism cooperation.  While encouraged by Secretary 
Cruz's forward leaning stance on this issue, we believe 
continued progress will require careful, patient engagement 
with our GRP counterparts. 
Ricciardone