The 1951 U.S.-Philippines Mutual Defense Treaty in the 21st Century: An Enduring Alliance or Relic of a Bygone Era?
Gregg J. Galgo
The 1951 Mutual Defense Treaty (MDT) is a post-World War 2 treaty entered between the Republic of the Philippines and the United States of America under the volatile international order climate of the Cold War era. According to Julius Yano,the essence of the MDT has yet to be fully appreciated over the past 70 years there are nagging questions if the United States will defend the Philippines. He further noted what the circumstances and defense measures will be under the treaty and what the US response will be.[1] In the vastly transformed landscape of the 21st century, the MDT's continued effectiveness and relevance need a second look. This article will examine the strengths and weaknesses of the treaty in light of contemporary security challenges and present some possible areas for its development to maintain its relevance in regional stability.
The MDT pledges mutual military help in times of an armed attack on either nation. Both the United States of America and the Republic of the Philippines commit to assist each other if attacked, based on their constitutional processes. The attack covers the Pacific area, including public vessels, aircraft, and armed forces. The treaty also allows the US military to utilize specific Philippine facilities upon invitation. And that the United States and the Philippines adhere to settling international disputes peacefully and refrain from using force.[2]
In recent years, the MDT has been invoked by political partisans, particularly about the standoff with China in the South Sea. The treaty has been a source of debate regarding its application and interpretation on the scope of US military presence and operations in the country with some questioning its one-sided nature and there are clamor for its revision or repeal. According to the 1987 Philippine Constitution, Article II Section 7, declares: "The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination."[3] In a speech delivered by Ferdinand E. Marcos, he elucidated:
“The Mutual Defense Pact is no longer tenable. There is no guarantee that the U.S. would come to the defense of the Philippines in case of an external aggression... Furthermore, the renewal of the Mutual Defense Treaty would be contrary to the new orientation of Philippine foreign policy wherein we seek friendly relations with all countries, military self-reliance, support for the ASEAN Zone of Peace, Freedom and Neutrality and the Philippine acceptance in the non-aligned bloc.”[4]
On the other hand, America’s State Department posited, it states:
“U.S.-Philippine relations are based on strong historical and cultural linkages and a shared commitment to democracy and human rights. The 1951 U.S.-Philippines Mutual Defense Treaty provides a strong foundation for our robust post-World War II security partnership. Strong people-to-people ties, and economic cooperation provide additional avenues to engage on a range of bilateral, regional, and global issues.... More than four million Filipino-Americans live in the United States, and almost 300,000 U.S. citizens reside in the Philippines, including a large number of U.S. military veterans.”[5]
On the upside, the MDT's core principle of mutual defense is a strong argument in favor of its enduring value. The treaty is a potent deterrent against external aggression especially in consideration of China's assertive actions in the South Sea/West Philippine Sea. However, this is also a point of weakness. As a historical precedence, during World War 2 Japan attacked the Philippines because of the American presence in the country. Thus, the U.S. military presence in the Philippines would make the country a ready target in case a hot war happens with China.
It is also important to note that under the 1951 Mutual Defense Treaty it only covers the Pacific Ocean area. As pointed out in ARTICLE V, it declares: “For the purpose of Article IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the Island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.”[6] Hence, it could be argued (even if it sounds naive) that an armed attack on the South Sea/West Philippine Sea would not be covered by the MDT. Should the government through Congress rename the West Philippine Sea to the West Pacific Ocean? Perhaps this is the reason why the Enhanced Defense Cooperation Agreement (EDCA) was entered into in 2012 and expanded recently to further enhance military cooperation and facility access in the country.
Is the MDT then a relic of a bygone era? Its 'armed attack' model may not adequately address contemporary threats such as cyberattacks, disinformation campaigns, hybrid warfare, and pandemics. Hence, there is a need for the treaty to be revisited and considered in the context of changing 21st-century landscape. The need to enhance collaboration and cooperation with other regional actors should also be emphasized. As former President Duterte would say, "friends to all, enemies to none." Former president Marcos Sr. also mentioned in a speech, he stated: "the Philipines has adopted a posture of military self-reliance. She has friendly relations with the four powers in the area – U.S., U.S.S.R., Japan, and China. She also encourages the U.S. to maintain a presence in Southeast Asia to ensure a balance of forces.”[7]
In his 2012 article The U.S.-Philippines Mutual Defense Treaty and Philippine External Defense Forces, Felix K. Chang noted:
“On the face of it, the Philippines’ security situation is somewhat puzzling. The country has a mutual defense treaty with the United States, the world’s strongest military power. Yet, China regularly intrudes into what the Philippines claims as its territorial waters in the South China Sea, denies Philippine fishing boats access to those waters (which are well within the Philippines’ exclusive economic zone), and, when the opportunity affords, occupies Philippine-claimed features in the region. In fact, China has stirred up so much uncertainty that international energy companies, normally accustomed to dealing with risk, have refrained from pursuing much-needed offshore exploration projects in Philippines. Meanwhile, Washington has offered its treaty ally what appears to be only modest support.”[8]
Felix Chang further elucidated: “No doubt, having a mutual defense treaty with the world’s strongest military power is useful, but being utterly dependent on it can also be problematic.”[9] Thus, the Philippines' pursuit of an independent foreign policy and military self-reliance should also be asserted as a sovereign nation-state over concerns of United States unilateralism and exceptionalist foreign policy.
In the final analysis, the Philippines should acknowledge the limitations of the 1951 MDT and adapt to the changing security landscape of the 21st century. Amending the treaty's scope is paramount to address domestic fears and concerns and develop a more inclusive approach that puts Filipinos far from harm's way. And ensure stability and cooperation among regional actors in the Asia-Pacific. ###
References
[1] InternationalLaw and the 1951 Philipines-US Mutual Defense Treaty (MDT). National Security Review.https://www.imoa.ph/wp-content/uploads/2022/02/International-Law-and-the-1951-Philippines-US-MDT.pdf accessed December 16, 2023.
[2] MutualDefense Treaty between the Republic of the Philippines and the United States ofAmerica, August 30, 1951. https://www.officialgazette.gov.ph/1951/08/30/ accessed December 16, 2023.
[3] https://www.officialgazette.gov.ph/constitutions/1987-constitution/ accessed December 16, 2023.
[4] Isidro T. Perfecto, Jr. Editor.Foreign Policy Digest 1972-1983. p.64
[5] U.S. Relations With thePhilippines. February 23, 2023. https://www.state.gov/u-s-relations-with-the-philippines/accessed December 16, 2023.
[6] Mutual Defense Treaty between the Republic of the Philippines and the United States of America, August 30, 1951. https://www.officialgazette.gov.ph/1951/08/30/ accessed December 16, 2023.
[7] Foreign Policy Digest 1972-1983... p.65
[8] https://www.fpri.org/article/2021/08/the-u-s-philippines-mutual-defense-treaty-and-philippine-external-defense-forces/ accessed December 16, 2023.
[9] https://www.fpri.org/article/2021/08/ ... ibid.
