Philippines

Cluster Munition Ban Policy

Last updated: 05 July 2016

Summary: Signatory the Philippines has conducted extensive stakeholder consultations on the convention, but has not introduced the ratification for parliamentary approval. The Philippines has participated in all of the convention’s meetings and voted in favor of a UN resolution on the convention in December 2015. The Philippines states that it has not used, produced, transferred, or stockpiled cluster munitions.

Policy

The Republic of the Philippine ssigned the Convention on Cluster Munitions on 3 December 2008.

In an April 2016 letter sent on behalf of the Secretary of Foreign Affairs, the Department of Foreign Affairs of the Philippines informed the Monitor that it is “currently conducting broad consultations with concerned agencies and stakeholders with regard to the Convention’s ratification.”[1] According to the letter, “treaties entered into by the Philippines require legislative concurrence after executive ratification.” The letter cautions that, “While the Department’s efforts may be rigorous, the current Philippine Congress may not be able to start the process leading to the ratification” due to general elections held in May 2016 and the adjournment of congress in June 2016. According to the letter, the ratification process will have to be reinitiated after the new congress convenes.

Previously, in June 2015, a government representative informed the Monitor that the ratification package for the Convention on Cluster Munitions has been prepared, but not yet presented for senate consideration and approval.[2] Officials have acknowledged that the country’s ratification of the convention lacks urgency and momentum.[3]

The Philippines actively participated in the Oslo Process that created the Convention on Cluster Munitions and sought the most comprehensive treaty possible.[4]

The Philippines participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015, but did not make a statement. The Philippines has attended all of the convention’s Meetings of States Parties as well as intersessional meetings in Geneva in 2011–2015.

On 7 December 2015, the Philippines voted in favor of UN General Assembly (UNGA) Resolution 70/54 on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[5]

The Philippine Campaign Against Cluster Munitions (PCCM) raises the need for ratification of the convention with representatives from the Department of Foreign Affairs, Department of National Defense, Armed Forces of the Philippines, Philippine Commission on Human Rights, and the National Committee on International Humanitarian Law.

The Philippines is a State Party to the Mine Ban Treaty. It is also a party to the Convention on Conventional Weapons.

Interpretive issues

The Philippines has yet to elaborate its views on certain important issues related to interpretation and implementation of the convention, including the prohibition on transit, the prohibition on foreign stockpiling of cluster munitions, the prohibition on investment in production of cluster munitions, and the need for retention of cluster munitions and submunitions for training and development purposes.

On the prohibition on assistance, the Philippines has stated that it “has no intention to assist, encourage or induce any state, group or individual to engage in any of the prohibited activities.”[6]

Use, production, transfer, and stockpiling

The Philippines has stated several times that it has not used, produced, stockpiled, or supplied cluster munitions.[7]

In June 2016, the Department of Foreign Affairs said that “while the Philippines has yet to ratify the [Convention on Cluster Munitions], the prohibition on the use of cluster munitions is part of the operational policy of the Armed Forces of the Philippines.”[8] Previously, in 2011, the Philippines stated that its armed forces have a standing directive that cluster munitions cannot be included as operational requirements.[9]

In March 2014, a Department of Defense official informed the Philippine campaign that the AFM-M3 cluster bomb unit was made in an experimental stage in the 1990s by the Philippine Air Force, but was not pursued beyond the research phase and was never used.[10]

In April 2013, the Philippine Campaign to Ban Landmines and the demining NGO Swiss Foundation for Mine Action (Fondation Suisse de Deminage, FSD) verified an unexploded nine-kilogram M41A1 fragmentation bomb that the Philippine Army recovered from a construction site at Lanang in Davao City.[11] [Note: this last sentence was updated September 27, 2016]



[1] Letter to Mary Wareham, Advocacy Director, Human Rights Watch (HRW) from Bernadette Therese C. Fernandez, Executive Director, Office of UN and International Organizations, Department of Foreign Affairs of the Philippines, 25 April 2016.

[2] Monitor interview with Hossana P. Dela Cruz, Attaché, Permanent Mission to the UN of the Philippines to the UN in Geneva, Geneva, 23 June 2015.

[3] Email from Jaymelyn Nikkie Uy, Co-Coordinator, PCCM, 23 June 2012; email to Philippine Campaign Against Cluster Munitions (PCCM) from Jesus S. Domingo, Assistant Secretary of Foreign Affairs, Office of UN and International Organizations, Department of Foreign Affairs, 28 April 2014.

[4] For details on the Philippines’ policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 144–145.

[5]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.

[6] Letter from Leslie B. Gatan, Permanent Mission of the Philippines to the UN in New York, 2 March 2009. The Philippines reiterated this during the Regional Conference on the Promotion and Universalization of the Convention on Cluster Munitions, Bali, Indonesia, 17 November 2009. Notes by Action on Armed Violence.

[7] Ibid.

[8] Letter to Mary Wareham, HRW from Bernadette Therese C. Fernandez, Department of Foreign Affairs of the Philippines, 25 April 2016.

[9] Statement of the Philippines, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.

[10] PCCM meeting with Col. Gerry Amante, Commander of the Armed Forces of the Philippines Munitions Control Center, Camp Aguinaldo, Quezon City, 25 March 2014. The AFM-M3 is a copy of the US AN-M1A1 cluster adapter design. The use of an AN-M1A1 cluster adaptor enabled six M41A1 fragmentation bombs to be deployed at the same time, making the weapon similar in function to a modern-day cluster munition. To date, this is the only such bomb to have been found in the Philippines, and no adaptor has been recovered.

[11] The AN-M1A1 cluster adaptor enabled six M41A1 fragmentation bombs to be deployed at the same time, making the weapon similar in function to a modern-day cluster munition. Philippine Campaign to Ban Landmines (PCBL), “PCBL Monitor April 2013,” 30 April 2013.


Mine Ban Policy

Last updated: 21 November 2016

Policy

The Republic of the Philippines signed the Mine Ban Treaty on 3 December 1997 and ratified it on 15 February 2000, becoming a State Party on 1 August 2000.

The Philippine House and Senate have repeatedly been unable to pass implementation legislation. It was last known to have been introduced in February 2011, the “Act Providing for a Total Ban on Anti-Personnel Landmines, for Other Prohibitions or Restrictions on the Use of Landmines, Booby-Traps and Other Devices, For The Creation of a Philippine Coordinating Committee on Landmines, and for Related Purposes.”[1]

The Philippines Article 7 report of September 2013 provided no further updated information on the status of congressional activity on an implementation law.[2]

As of 21 November 2016, the Philippines had not provided its Article 7 report, due 30 April 2016 or 30 April 2015. It submitted its last report on 6 September 2013.[3] Its previous Article 7 report covered calendar year 2010. It has provided nine previous reports.[4]

The Philippines attended the Mine Ban Treaty Fourteenth Meeting of States Parties in Geneva in November-December 2015 but did not attend the convention’s intersessional Standing Committee meetings in Geneva in May 2016. The Philippines also attended the Bangkok Symposium on Landmine Victim Assistance in June 2015.

The Philippines is a State Party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines.

In January 2016, the Philippines Campaign to Ban Landmines initiated a postcard campaign to Congressional representatives urging the passage of the implementation legislation for the Mine Ban Treaty before congress adjourned for new elections in February 2016.[5]

Production, transfer, stockpiling, and use

In September 2013, the Philippines reported that it had found antipersonnel mines discovered during inspections at ammunition depots, recovered claymore mines in field operations, and also seized improvised mines. In its Article 7 Form B(2) it recorded having discovered 39 antipersonnel mines as a result of inspections at ammunition depots, recovered 45 claymore mines in field operations, and seized two improvised mines. It noted that the mines were scheduled for destruction. In its Article 7 Form G(3) it recorded having discovered 29 antipersonnel mines as a result of inspections at ammunition depots, recovered 278 claymore mines in field operations, and seized 14 improvised mines, all of which were destroyed. It is not clear if the mines in Form G included the mines in Form B. If so, 10 antipersonnel mines were unaccounted for.[6] The Philippines has previously reported that it has never produced or exported antipersonnel mines. It destroyed its entire stockpile of antipersonnel mines—all Claymore-type mines—in 1998. It has not retained any live mines for training purposes. The Armed Forces of the Philippines (AFP) has stated that it has never used antipersonnel mines to combat insurgency groups within the country.

Media reports regularly state that authorities have recovered “landmines” during operations against insurgents, almost all of which appear to be command-detonated improvised devices.[7] In December 2009, the Philippines told States Parties that all landmines and improvised mines recovered from non-state armed groups (NSAGs) are destroyed immediately.[8] In September 2013, the Philippines reported that it had destroyed 14 improvised mines and 278 claymore mines during operations.[9]

Non-state armed groups

The Monitor could not identify any instances of use of antipersonnel mines (victim-activated explosive devices or booby-traps) by NSAGs during 2012 or the first half of 2013.

In the past, at least four NSAGs have used antipersonnel mines or victim-activated improvised mines, including the New People’s Army (NPA), the Moro Islamic Liberation Front (MILF), the Moro National Liberation Front (MNLF), and the Abu Sayyaf Group (ASG). Five NSAGs, including the MILF, have formally pledged in writing not to use antipersonnel mines.[10]

In March 2014, the government of the Philippines and the MILF signed a comprehensive peace agreement.[11] Implementation of the agreement stalled in February 2016 when the Philippine Congress failed to pass a law to implement the agreement.[12] In March 2016, the Philippines Campaign to Ban Landmines accused the Bangsamoro Islamic Freedom Fighters (BIFF), a breakaway faction of the MILF, of using victim-activated explosive devices in the Barangay Tee in Datu Salibo Municipality in the province of Maguindanao, and called on them to halt use and respect international humanitarian law.[13] In June 2016, an Islamist armed group left behind explosive devices after fleeing a camp, which caused death and injury to government troops.[14]

The NPA used command-detonated improvised devices in 2015 and 2016.[15] Philippine authorities and the media continue to refer to these as “landmines.” The NPA (the armed wing of the Communist Party of the Philippines, CPP) signed a Comprehensive Agreement to Respect Human Rights and International Humanitarian Law (CARHRIHL) with the Philippine government in 1998.[16] The CARHRIHL commits both parties to protect the civilian population by not violating the “right not to be subjected to...the use of landmines,” but does not define “landmine.” In August 2016, President Duerte called on the NPA to cease using landmines if it wanted to continue peace talks with the government.[17] The NPA refused stating that its use of command-detonated landmines was not in violation of international law.[18] The Philippines Campaign to Ban Landmines issued a statement in August noting that NPA use of command detonated mines might be in line with the Mine Ban Treaty, but that it still threatened civilian non-combatants and requested the NPA publicly declare a halt in use of all types of landmines.[19]



[1] Mine Ban Treaty Article 7 Report, Form A, 6 September 2013.

[2] Ibid.

[4] Previous reports submitted on 16 April 2010; 31 March 2007; 3 November 2006; 9 May 2005; 15 February 2004; 14 May 2003; 5 April 2002; 12 September 2001; and 12 September 2000. There was no report covering the year 2007.

[5] Philippine Campaign to Ban Landmines (PCBL), 13 January 2016.

[6] Mine Ban Treaty Article 7 Report, Forms B & G, 6 September 2013.

[7] See, for example, Zaff Solmerin, “Troops overrun NPA land-mine factory,” Business Mirror, 12 March 2012; and “Philippine troops seize NPA weapons factory,” Mindanao Examiner, 1 April 2011.

[8] Statement by Erlinda F. Basilio, Special Envoy of the President of the Republic of the Philippines, Mine Ban Treaty Second Review Conference, Cartagena, 3–4 December 2009.

[9] Mine Ban Treaty Article 7 Report, Form G, 6 September 2013.

[10] The MILF, the Rebolusyonaryong Partidong Manggagawa-Mindanao/Revolutionary People’s Army (RPMM/RPA), the Rebolusyonaryong Partidong Manggagawa-Pilipinas/Revolutionary People’s Army (RPMP/RPA) faction of Nilo de la Cruz, and the Marxista-Leninistang Partidong Pilipinas/Rebolusyonaryong Hukbong Bayan (MLPP/RHB) signed the “Rebel Group Declaration of Adherence to International Humanitarian Law on Landmines” of the Philippine Campaign to Ban Landmines. The MILF, the Revolutionary Workers Party of the Philippines/Revolutionary Proletarian Army-Alex Boncayao Brigade, and the Revolutionary Workers Party of Mindanao/Revolutionary People’s Army signed the “Deed of Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action.”

[11] Government of the Philippines, “Comprehensive Agreement on the Bangsamoro,” 28 March 2014.

[12] Jose Rodel Clapano, “Congress buries Bangsamoro bill,” Philippine Star, 4 February 2016.

[14] The device appears to have been victim activated, but details of the mechanism were not available to the Monitor. The use was attributed to Dawlah Islamiya, comprised of rogue MILF and foreign combatants led by Abdullah Maute. “2 soldiers killed, 5 hurt in landmine blast in Lanao Sur,” Philippine Inquirer, 2 June 2016.

[15] Ben O. Tesiorna, “Communist leadership to combatants: Use more land mines,” CNN Philippines, 9 August 2016.

[16] CARHRIHL, Part III: Respect for Human Rights, Article 2(15), 16 March 1998. The government considers use of command-detonated devices as well as any type of landmine as banned by CARHRIHL, while the NPA considers only use of victim-activated devices banned.

[17] Edith Regalado and Giovanni Nilles, “Reds told: Stop using landmines or no peace talks,” Philippine Star, 8 August 2016.

[18] Ben O. Tesiorna, “Communist leadership to combatants: Use more land mines,” CNN Philippines, 9 August 2016.


Mine Action

Last updated: 17 December 2012

Contamination and Impact

The Philippines is affected by explosive remnants of war (ERW), especially unexploded ordnance (UXO), as a result of long-running, low-level insurgencies by the New People’s Army (NPA) and other non-state armed groups, mainly in Mindanao. The extent to which it is also affected by mines is unclear.

Mines

The Philippines has consistently denied in its Mine Ban Treaty Article 7 reports, the latest of which covers 2009, that it has any mined areas containing antipersonnel mines.[1] However, the Armed Forces of the Philippines (AFP) continue to claim that the NPA uses antipersonnel mines.[2]

The NPA has denied using mines, but acknowledges that it continues to use “command-detonated explosives” in attacks on government security forces. A 2012 statement by the Communist Party of the Philippines (CPP) Central Committee urges the NPA to use landmines “to impede enemy troop movement or harass any encamped force” and encourages them to “produce explosives from unexploded munitions of the enemy.”[3] Many incidents attributed to the NPA, although often reported as landmine attacks, appear to involve IEDs.[4]

Explosive remnants of war

The Philippines has UXO contamination from recent conflicts between the government and non-state armed groups, mainly on the southern island of Mindanao, causing civilian and military casualties. It also contends with large amounts of UXO and abandoned explosive ordnance (AXO), including chemical weapons that date back to World War II.

The AFP says that 30% of total ordnance in Mindanao is UXO. Fighting between armed groups associated with the Moro Islamic Liberation Front (MILF) in Muslim Barangay, Guindulungan, Maguindanao, in December 2010 may have resulted in more UXO contamination in the area (see above).[5]

Some 4,000 World War II-era shells and other explosive items were collected for destruction in March (see Mine Action Program below). In other discoveries, at least 21 artillery shells were discovered in a warehouse in Binondo, Manila, in February 2012.[6] Other bombs were found in Muntinlupa City in Manila, in Calapan City in Mindoro, Kawit in Cebu City, and Surigao del Norte.[7]

Mine Action Program

The Philippines has no formal program for dealing with mines, IEDs, or ERW. Clearance has been conducted by a range of government actors, including the Armed Forces of the Philippines (AFP) and the police.

In March 2011, the Philippines and the US conducted a “Joint Explosive Ordnance Disposal Exercise” in which some 4,000 World War II-era artillery shells and other ageing ordnance, including aircraft bombs, land and sea mines, and depth charges, were collected from Caballo Island in Manila Bay and shipped to a military gunnery range in Tarlac. These were destroyed by a series of detonations, the last of them initiated by President Benigno Aquino himself. The Philippine Navy said ordnance with a total explosive weight of 364,348 lb (nearly 163 tons) had been destroyed in the exercise, which involved explosive ordnance disposal (EOD) teams of the Army, Navy, Air Force, Philippine National Police and the Coast Guard. President Aquino reportedly said the threat posed by the ordnance on Caballo Island had represented one of the major problems facing his administration.[8]

Safety of demining personnel

At least three EOD personnel from the Philippine National Police’s Special Action Force were killed in Taguig City after a mortar shell they had taken to a welding shop to be defused reportedly exploded. Another EOD team member and eight others were reported injured.[9]

 



[1] Article 7 Report (for calendar year 2009), Form C.

[2] See, for example, “Philippines condemns rebel landmine attack,” Agence France-Presse, 29 November 2011; Paul M. Gutierrez, “10th ID uncovers NPA ‘bomb-making complex’ in Mindanao,” Journal Online, 2 April 2011; and “Landmine Incidents (1 April 2010 to 21 February 2011),” received from the AFP Office of the Deputy Chief of Staff for Operations, J3, 28 February 2011.

[3] CCP Central Committee, “Strengthen the people’s army and intensify the people’s war,” Message to the New People’s Army, 29 March 2012, p. 21.

[4] See for example, Mar S. Arguelles, “Soldiers led by colonel escape landmine blast,” Inquirer News, 7 September 2011.

[5] Email from Cliff Alvarico, Field Associate, Office of the UN High Commissioner for Refugees, Cotabato Field Office, Cotabato City, 28 January 2011.

[6] Sandy Araneta, “21 vintage bombs found in Binondo warehouse,The Philippine Star, 1 February 2012.

[7] Bernadette A. Parco,  “Vintage bombs probably used as ‘booby trap’: archaeologist,” Sunstar.com.ph, 1 February 2012; “Vintage bomb found in Calapan City”, The Mindoro Post, 13 November 2011; Mike U. Crismundo, “2 live vintage bombs unearthed,” Tempo, 29July 2011; Karen Boncocan, “Muntinlupa police recover vintage bomb.” Inquirer.net, 11 May 2011; “Two killed in WWII bomb explosion in the Philippines,” The Mindanao Examiner, 20 July 2011.

[8]LSS-EOD eliminated the hazard of explosive remnants of war,” Philippine National Police Logistic Support Service, undated but accessed 24 January 2012; Aurea Calica, “Noy leads detonation of 4,000 vintage bombs at Crow Valley,” The Philippine Star, 6March 2011.

[9] Jamie Marie Elona, “4 dead, 8 injured in Taguig blast,” Inquirer.net, 25 January 2012.


Support for Mine Action

Last updated: 06 October 2016

Since 2011, the Republic of the Philippines has received about $3.5 million in international support, most of which came from the European Union, which contributed €2.8 million ($3.4 million) to the Swiss Foundation for Mine Action (FSD) in 2012, 2013, and 2015.[1] In 2014, Switzerland provided CHF43,500 (US$47,557) to Mines Advisory Group for clearance activities.[2]

Summary of international contributions: 2011–2015[3]

Year

International contributions ($)

2015

1,497,960

2014

47,557

2013

1,174,403

2012

761,379

2011

11,493

Total

3,492,792

 



[1] Emails from Frank Meeussen, Disarmament, Non-Proliferation and Arms Export Control, European External Action Service, 30 September 2016; and from Carolin J. Thielking, European Union Mine Action Focal Point, Division for WMD, Conventional Weapons and Space, European External Action Service, 15 May 2013; and Mine Ban Treaty ISU, “The European Union’s support to the Anti-Personnel Mine Ban Convention,” undated, p. 14. Average exchange rate for 2012: €1=US$1.2859; for 2013: €1=US$1.3281; and for 2015: €1=1.1096. US Federal Reserve, “List of Exchange Rates (Annual),” 4 January 2016.

[2] Switzerland, Convention on Cluster Munitions Article 7 Report, Form I, April 2015. Average exchange rate for 2014: US$1=CHF0.9147. US Federal Reserve, “List of Exchange Rates (Annual),” 2 January 2015.

[3] See previous Monitor reports.


Casualties and Victim Assistance

Last updated: 29 September 2014

Casualties Overview

All known casualties by end 2013

571 (184 killed; 386 injured) since 1999

Casualties in 2013

0 (2012: 59)

2013 casualties by outcome

0 (2012: 6 killed; 53 injured)

In 2013, in the Republic of the Philippines no casualties from mines or explosive remnants of war (ERW) were identified from media scanning for the year. This marked the first year since 2009 that no ERW casualties were recorded. There were also no reported casualties of victim-activated improvised explosive devices (IEDs) or casualties of IEDs that were clearly determined to not have been command detonated. Media monitoring identified at least 14 casualties from IEDs that were likely command detonated but for which media reports lacked sufficient detail to confirm the means of activation.[1] Several other casualties from IEDs were identified, all of which were clearly caused by command-detonated IEDs.

The lack of victim-activated explosive casualties in 2013 represents a significant decrease from the 59 casualties in 2012 and 34 casualties in 2011.[2] Clearer reporting of device types and improved efforts to differentiate incidents caused by victim-activated and command-activated devices may account for the decrease in casualties as incidents involving a large number of military casualties in 2013 appear to have been caused by remotely activated devices.

Between 1999 and the end of 2013, the Monitor identified a total of 573 casualties from mines, ERW, and victim-activated IEDs (185 killed; 387 injured; one of unknown status).[3]

Victim Assistance

At least 387 mine/ERW survivors have been identified through the end of 2013.[4]

Created in 2008, the National Council on Disability Affairs (NCDA) is the national government agency mandated to formulate policies and to coordinate the activities of all agencies, both public and private, concerning disability issues and concerns. It is also tasked to strengthen the database on disability for both policy formulation and program development and to conduct policy review and consultation dialogues with different stakeholders.[5] According to the NCDA, there was “no specific program or even database for mine casualties, victims or survivors, because mine warfare is not common in the Philippines.”[6]

During 2013, the ICRC continued to provide support to the Davao Jubilee Rehabilitation Center. To further strengthen the service capacity and quality, the ICRC provided financial support for the construction of two new buildings; a new prosthetics and orthotics department was completed in 2012 and a new physiotherapy building was erected and equipped in 2013. During the year, 408 people benefited from various physical rehabilitation services at the ICRC-assisted center, representing an increase of close to 200% compared to 2012. Since the beginning of the ICRC assistance, the number of persons receiving services at the centers increased significantly (from 45 in 2008 to 408 in 2013). Children represented 49% and women 10% of the beneficiaries.[7]

The law prohibited discrimination against persons with disabilities in employment; education; air travel and other transportation; access to healthcare; and other social services; it also provided for equal access for persons with disabilities to all public buildings, but implementation was ineffective and many physical barriers remained.[8]

The Philippines ratified the Convention on the Rights of Persons with Disabilities on 15 April 2008.

 



[1] Monitor media monitoring from 1 January to 31 December 2013.

[2]Farm boy wounded by unexploded ordnance,” Minda News, 22 December 2010.

[3] See previous Landmine Monitor reports on the Philippines on the Monitor website.

[4] Ibid.

[5] ICRC Physical Rehabilitation Programme  (PRP), “Annual Report 2013,” Geneva, May 2014, p. 58.

[6] Telephone interview with Mateo A. Lee Jr., Officer-in-Charge, NCDA, 3 March 2010; and email, 15 February 2011.

[7] ICRC PRP, “Annual Report 2013,” Geneva, May 2014, p. 59.

[8] United States Department of State, “2013 Country Reports on Human Rights Practices: Philippines,” Washington, DC, 27 February 2014.