N.B. - Please find below the Final terms of reference for Balikatan 02-1

N.B. - Please find below the Final terms of reference for Balikatan 02-1 which was signed last February 13 (Wednesday).

Some Points of Reflection:

1. Item A.3 does not state who will shoulder the expenses for the temporary structures to be built in relation to Balikatan 02-1.

2. Item A.4 uses the term authority instead of "command" in reference to the supervision of the AFP chief of staff vis-a-vis the RP-US military exercise. It is even explicit in the last sentence that the US unit commander retains "command" over the US forces "under the authority of the Exercise Co-Directors."

3. Item A.8 implies that US troops can engage in combat operations if they need to defend themselves. "Self-defense" has not been operationalized.


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ARMED FORCES OF THE PHILIPPINES - US PACIFIC
AREA COMMAND BALIKATAN 02-1 HQ
Camp General Emilio Aguinaldo, Quezon City, Philippines

TERMS OF REFERENCE (TOR) FOR RP-US EXERCISE BALIKATAN 02-1

A. POLICY LEVEL

1. The Exercise shall be consistent with the Philippine Constitution and all its activities shall be in consonance with the laws of the land and the provisions of the RP-US Visiting Forces Agreement. (VFA)

2. The conduct of this training Exercise is in accordance with pertinent United Nations’ (UN) resolutions against global terrorism as understood by their respective parties.

3. No permanent US basing and support facilities shall be established. Temporary structures such as those for troop billeting, classroom instructions and messing may be set up for use of RP and US forces during the Exercise.

4. The Exercise shall be implemented jointly by RP and US Exercise Co-instructors under the authority of the Chief of Staff, AFP. In no instance will US Forces operate independently during field training exercises (FTX). AFP and US Unit Commanders will retain command over their respective forces under the overall authority of the Exercise Co-Directors. RP and US participants shall comply with operational instructions of the AFP during the FTX.

5. The Exercise shall be conducted and completed within a period of not more than six months, with the projected participation of 660 US personnel and 3,800 RP forces. The Chief of Staff, AFP, shall direct the Exercise Co-Directors to wind up and terminate the Exercise and other activities within the six months Exercise period.

6. The Exercise is a mutual counter-terrorism advising, assisting and training Exercise relative to Philippine efforts against the ASG (Abu Sayyaf Group), and will be conducted in the island of Basilan. Further advising, assisting and training exercises shall be conducted in Malagutay and the Zamboanga area. Related activities in Cebu will be for the support of the Exercise.

7. Only 160 US troops organized in 12-man Special Forces Teams shall be deployed with AFP field commanders. The US Teams shall remain at the Battalion Headquarters and, when approved, Company Tactical Headquarters where they can observe and assess the performance of the AFP forces.

8. US Exercise participants shall not engage in combat operations, without prejudice to their right of self-defense.

9. These Terms of Reference are for the purposes of this Exercise only and do not create additional legal obligations between the US Government and the Republic of the Philippines.

B.EXERCISE LEVEL

1. TRAINING

a. Exercise shall involve only the conduct of mutual military assisting, advising and training of RP and US forces with the primary objective of enhancing the operational capabilities of both forces to combat terrorism.

b. At no time shall US forces operate independently within RP territory.

c. Flight plans of all aircraft involved in the Exercise shall comply with the local air traffic regulations.

2. ADMINISTRATION AND LOGISTICS

a. RP and US participants shall be given a country and area briefing at the start of the exercise. This briefing shall acquaint US forces on the culture and sensitivities of the Filipinos and provisions of the VFA. The briefing shall also promote the full cooperation on the part of the RP and US participants for the successful conduct of the Exercise.

b. RP and US participating forces may share, in accordance with their respective laws and regulations, in the use of their resources, equipment and other assets. They will use their respective logistics channels.

c. Medical evacuation shall be jointly planned and executed utilizing RP and US assets and resources.

d. Legal liaison officers from each respective party shall be appointed by the Exercise Co-Directors.

3. PUBLIC AFFAIRS

a. Combined RP-US Information Bureaus shall be established at the Exercise Directorate in Zamboanga City and at GHQ, AFP in Camp Aguinaldo, Quezon City.

b. Local media relations will be the concern of the AFP and all public affairs guidelines shall be jointly developed by RP and US forces.

c. Socio-Economic Assistance Projects shall be planned and executed jointly by RP and US forces in accordance with their respective laws and regulations, an in consultation with community and local government officials.

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