Women's Lives: Multicultural Perspectives - Chapter 10 Notes

Empire On Trial: The Subic Rape Case and the Struggle For Philippine Women's Liberation (2011) - Anne E. Lacsamana

• Background:

  • Anne E. Lacsamana is an associate professor of Women's Studies at Hamilton College, specializing in gender, sexuality, and postcolonial studies.

  • Her work often explores the intersections of gender, power, and international relations, particularly within the context of the Philippines and U.S. foreign policy.

• Nicole's Statements:

  • Nicole, the pseudonym of the woman at the center of the Subic rape case, initially expressed feeling unsupported by her government after filing a complaint against her rapists, highlighting a sense of abandonment and lack of faith in the Philippine justice system.

  • Later, she submitted an affidavit stating that she might have been too friendly with the accused, Daniel Smith, which could have led him to misinterpret her intentions, introducing a complex layer of victim-blaming and questioning of her agency.

• Case Overview:

  • The Subic rape case occurred in 2005 when Nicole accused U.S. Marine Daniel Smith of rape, an event that quickly became a flashpoint for long-standing tensions between the Philippines and the United States.

  • In 2006, Smith was convicted, marking a significant moment as it was the first time a U.S. military member was tried and sentenced for a crime on Philippine soil, underscoring the potential for accountability under the VFA.

• Controversy:

  • The controversy deepened when Smith was secretly transferred to the U.S. Embassy while awaiting appeal, sparking widespread outrage and raising critical questions about Philippine sovereignty and the extent of U.S. influence.

  • This transfer was perceived by many Filipinos as a blatant disregard for Philippine law and judicial processes, fueling nationalist sentiments and calls for a review or abrogation of the VFA.

• Visiting Forces Agreement (VFA):

  • The Subic rape case reignited protests over U.S. military intervention in the Philippines, with the VFA becoming a central point of contention.

  • Signed into law in 1998 by former President Joseph Estrada, the VFA grants the U.S. military access to 22 ports for joint training exercises, facilitating a continued U.S. military presence in the country.

  • Since the 9/11 attacks, deployments of U.S. troops have increased, with many sent to the southern, predominately Muslim region of the country, ostensibly for humanitarian aid but also suspected for counter-terrorism operations.

  • The stated goal includes humanitarian aid and disaster relief, but it is widely believed that U.S. military personnel are also involved in counter-terrorism operations against groups like the Abu-Sayyaf, reflecting the complex security dynamics in the region.

• VFA Provisions:

  • The VFA extends privileges and protections to U.S. soldiers that critics argue undermine Philippine sovereignty, creating an imbalance in legal and diplomatic relations.

  • Article III: U.S. military members are exempt from passport and visa regulations, allowing for ease of entry and exit without standard immigration controls.

  • Article IV: Philippine officials accept U.S.-issued driving permits without test or fee, and U.S. government vehicles don't need registration, granting preferential treatment to U.S. personnel and vehicles.

  • Article VII: U.S. soldiers are excused from paying taxes and duty fees on items purchased during their temporary stay, providing economic advantages and exemptions not afforded to Filipino citizens.

  • Article V: Criminal Jurisdiction

  • Philippine authorities may waive their right to exercise jurisdiction over crimes committed by U.S. military members, except in cases of particular importance to the Philippines, potentially shielding U.S. soldiers from facing justice in Philippine courts.

  • If the Philippines prosecutes, legal proceedings must be completed within one year, with the accused remaining in U.S. military custody, raising concerns about the fairness and impartiality of the judicial process.

    • The U.S. government has an unspecified amount of time to appeal, allowing for prolonged legal battles and uncertainty.

    • VFA 2: Filipino soldiers accused of crimes in the U.S. are detained in U.S. jails, highlighting a disparity in treatment and reinforcing perceptions of unequal power dynamics.

• Feminist Concerns: GABRIELA, a federation of women's groups, has been a vocal critic of the VFA,