Philippines

Cluster Munition Ban Policy

Last updated: 08 July 2019

Summary: The Philippines ratified the convention on 3 January 2019 and became a State Party on 1 July 2019. The Philippines has participated in meetings of the convention. It voted in favor of a key United Nations (UN) resolution on the convention in December 2018.

The Philippines states that it has not used, produced, transferred, or stockpiled cluster munitions. It must provide a transparency report for the convention to formally confirm this cluster munition-free status.

Policy

The Republic of the Philippinessigned the Convention on Cluster Munitions on 3 December 2008, ratified on 3 January 2019 and the convention entered into force for the Philippines on 1 July 2019.

The Philippines has not indicated if it plans to enact national legislation to enforce its implementation of the convention. The Philippines stated in 2011 that a standing directive prohibits its armed forces from including cluster munitions in operational requirements. [1] In 2016, it said, “the prohibition on the use of cluster munitions is part of the operational policy of the Armed Forces of the Philippines.” [2]

The Philippines must provide an initial Article 7 transparency measures report for the convention no later than 28 December 2019.

The Philippines actively participated in the Oslo Process that created the Convention on Cluster Munitions and sought the most comprehensive treaty possible. [3]

The Philippines has participated in every meeting of the convention, most recently the Eighth Meeting of States Parties in Geneva in September 2018. [4] It has attended regional workshops on the convention, most recently in Manila, Philippines on 18–19 June 2019. [5]

Prior to ratifying the convention, the Philippines provided States Parties with regular updates on its ratification progress and expressed support for the convention. In 2017, the Philippines said it prioritized the convention “in solidarity with other countries and its communities who have or are suffering from the adverse effects” of cluster munitions. [6]

In December 2018, the Philippines voted in favor of a UN General Assembly (UNGA) resolution, which urges states outside the Convention on Cluster Munitions to “join as soon as possible.” [7] The Philippines has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

The Philippines elaborated its views on certain important issues relating to the interpretation and implementation of the convention in 2017, when it told States Parties that it “continues to defend its position to prohibit the use, local and foreign stockpiling, investment, production, and transit of cluster munitions in the country.” [8] Previously, 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.” [9]

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

Use, production, transfer, and stockpiling

The Philippines has stated several times that it has never used, produced, of transferred cluster munitions and possesses no stocks. [10]

A Department of Defense official said in 2014 that the Philippine Air Force made an experimental AFM-M3 cluster bomb unit in the 1990s, but the weapon was never pursued beyond the research phase and never used. [11]

In 2013, the demining NGO Swiss Foundation for Mine Action (Fondation Suisse de Déminage, FSD) destroyed an unexploded nine-kilogram M41A1 fragmentation bomb that the Philippine army cleared from a construction site at Lanang in Davao City. [12]



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

 [2] Letter from Bernadette Therese C. Fernandez, Department of Foreign Affairs of the Philippines, to Mary Wareham, Arms Division Human Rights Watch (HRW), 25 April 2016.

 [3] 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.

 [4] The Philippines has participated in every Meeting of States Parties of the convention as well as the First Review Conference in 2015 and intersessional meetings in 2011–2015.

 [5]Asia-Pacific Workshop on CCM Universalization,” Convention on Cluster Munitions Quarterly Newsletter, April 2019. The Philippines has attended regional meetings on the convention before, for example, in Bangkok, Thailand in March 2017. European Union Nonproliferation Consortium, “Cooperating to implement the Convention on Cluster Munitions: the country coalition concept,” at UNESCAP, Bangkok 16–17 March 2017.

 [6] Statement of the Philippines, Convention on Cluster Munitions Seventh Meeting of States Parties, Geneva, 4 September 2017.

 [7]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 73/54, 5 December 2018.

 [8] Statement of the Philippines, Convention on Cluster Munitions Seventh Meeting of States Parties, Geneva, 4 September 2017.

 [9] 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.

 [10] Letter from Leslie B. Gatan, Permanent Mission of the Philippines to the UN in New York, 2 March 2009.

 [11] Philippines Campaign Against Cluster Munitions (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 United States 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 cluster munition. To date, this is the only such bomb to have been found in the Philippines, and no adaptor has been recovered.

 [12] 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.