US embassy cable - 05MANILA2691

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 002691 
 
SIPDIS 
 
STATE FOR EAP/PMBS 
NSC FOR GREEN 
DOD/ISA/AP FOR ALLEN 
 
E.O. 12958: DECL: 06/09/2015 
TAGS: MARR, MOPS, MCAP, PREL, PTER, RP 
SUBJECT: DEFENSE SECRETARY WILLING TO TACKLE TOUGH POLICY 
QUESTIONS 
 
 
Classified By: (U) Political Officer Paul O'Friel 
for reasons 1.4(b) and (d). 
 
1.  (C) SUMMARY.  Secretary of National Defense Cruz appears 
ready to explore three key policy questions in the US-RP 
defense relationship: combined rules of engagement; a legal 
framework for counterterrorism cooperation; and cooperative 
security locations.  In doing so, his emphasis seems to be on 
finding practical approaches that take into account the 
realities of Philippine politics.  END SUMMARY. 
 
2.  (C) In a June 7 meeting with US Pacific Command (USPACOM) 
Commander Admiral Fallon on the margins of the Mutual Defense 
Board talks, Secretary of National Defense Avelino Cruz 
indicated his willingness to discuss three key policy issues 
in the US-RP military relationship: 
 
-- development of combined rules of engagement; 
-- establishment of a legal framework for counterterrorism 
cooperation; and, 
-- identification and development of cooperative security 
locations. 
 
COMBINED RULES OF ENGAGEMENT 
---------------------------- 
 
3.  (C) Taking Admiral Fallon's point that it was useful for 
militaries that operate together to have agreed upon rules of 
engagement, Secretary Cruz noted the Philippine constitution 
had unique provisions governing the use of force.  However, 
he suggested the GRP could examine a US template and adapt it 
to meet specific Filipino constitutional and legal 
requirements.  "We might be able to sign something by the end 
of the year," Cruz stated. 
 
LEGAL FRAMEWORK FOR COUNTERTERRORISM COOPERATION 
--------------------------------------------- --- 
 
4.  (C) Either the Mutual Defense Treaty (MDT) or the 
Visiting Forces Agreement (VFA) could offer a framework for 
US-RP counterterrorism cooperation, Cruz observed.  Cruz 
opined, however, that it might be a "stretch of the English 
language" to include terrorism within the 1951 MDT's 
definition of "armed external attack."  Such an 
interpretation had not been tested in the Philippine Supreme 
Court.  The Court had, although, ruled in Lim vs. the 
Executive Secretary that the VFA covered counterterrorism 
cooperation that was temporary, exercise-related, and 
consisting of "combat related activities."  While it might be 
possible to have two coordinated but separate mechanisms 
associated with the VFA and MDB, Cruz said, as a lawyer, he 
preferred to use the VFA as the principal legal basis for 
counterterrorism cooperation. 
 
5.  (C) Cruz did not discount the possibility of a future 
treaty that would cover cooperation on counterterrorism, 
disaster relief, and transnational crime.  The Philippine 
Senate was examining this as a potential option. 
Nonetheless, while not out of reach, any amendment of the MDT 
or new treaty would involve a long process. 
 
COOPERATIVE SECURITY LOCATIONS 
------------------------------ 
 
6.  (C) Cruz rapidly grasped the US need for cooperative 
security locations (CSLs).  "It's a prearranged fit between a 
facility, and what you may want to do in the future," he 
observed, adding, "It's logical from an operations point of 
view."  However, Philippine history and the cultural 
sensitivity to bases required a well thought through 
approach.  While the issue was not complicated in theory, 
Philippine historical baggage presented challenges.  If not 
handled properly, the opposition could exploit the issue. 
"The trick is to run the gantlet the right way," Cruz said. 
"We have to be agile and nimble.  With the right approach, 
we'll get there; with a clumsy approach, we won't." 
 
7.  (C) Cruz advocated dispensing with the terms "CSL" and 
"access," which could have negative connotations in the 
Philippines.  "CSL conjures up too many ghosts; lengthening a 
runway, or storing fuel do not," he said.  Cruz suggested AFP 
and PACOM J5 staffs -- in collaboration with the Department 
of National Defense (DND) -- develop a "game plan" to arrive 
at an agreement based on common sense and evaluation of 
respective RP and US national interests.  Speaking separately 
to the PACOM J5, Rear Admiral Tracy, DND Undersecretary for 
Legal and Priority Concerns Rodel Cruz indicated he believed 
consensus on CSLs was well within reach. 
 
8.  (C) COMMENT.  Cruz has confidently committed himself to 
addressing three complex questions.  In doing so, his 
emphasis appears to be on finding practical solutions that 
take into account Philippine realities.  His caution in 
dealing with the fractious Philippine Senate is well founded. 
 Some of its members would be all too ready to exploit any of 
these issues for narrow political gain. 
 
9.  (U) Neither Admiral Fallon nor Rear Admiral Tracy had the 
opportunity to review this telegram before their departure. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
MUSSOMELI