Philippines

Cluster Munition Ban Policy

Last updated: 13 September 2021

Summary

The Philippines ratified the convention on 3 January 2019. It has participated in every meeting of the convention, most recently in November 2020. The Philippines voted in favor of a key United Nations (UN) resolution promoting implementation of the convention in December 2020.

The Philippines provided its initial Article 7 transparency report in October 2019, which formally confirms it has never produced cluster munitions and does not stockpile them, including for research or training purposes. According to the report, the Philippines destroyed a stockpile of 114 cluster munitions in May 2011.

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 reported in October 2019 that its Armed Forces had issued a directive prohibiting cluster munitions from being included in operational planning requirements.”[1] The Philippines has not indicated if it intends to enact specific implementation legislation for the convention.

The Philippines submitted its initial Article 7 transparency report for the convention on 11 October 2019.[2] It provided an annual update on 17 April 2020 that showed no change from the initial report.[3] As of 15 August 2021 it had not provided its updated Article 7 report due 30 April 2021.

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 has participated in every meeting of the convention, most recently the first part of the convention’s Second Review Conference held virtually in November 2020.[5] The Philippines has promoted universalization of the convention, holding a virtual meeting in July 2020 for Association of Southeast Asian Nations (ASEAN) military officials.[6]

In December 2020, the Philippines voted in favor of a UN General Assembly (UNGA) resolution, which urges full implementation of the convention.[7] Before the UNGA First Committee vote, the Philippines said it “is deeply concerned about the reported continued use of cluster munitions and calls on relevant countries to become states parties to the convention.”[8] It offered to provide assistance to any country that wishes to complete the steps necessary for acceding to the convention.

The Philippines has elaborated its views on certain important issues relating to the interpretation and implementation of the convention. In 2017, the Philippines 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.”[9] 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.”[10]

In December 2020, the Philippines voted in favor of a UNGA resolution condemning the use of cluster munitions in Syria.[11]

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

Use, production, and transfer

The initial transparency report provided in October 2019 formally confirms that the Philippines has never produced cluster munitions and does not stockpile them, including for research or training purposes.[12] In the past, the Philippines reiterated several times that it has never used or produced cluster munitions.[13]

Stockpiling

According to the initial transparency report, the Philippines destroyed a total of 114 “81mm cluster bombs” by open detonation at a location in Cebu on 7 May 2011, after it adopted and signed the convention.[14] The specific type of cluster munition referred to by the Philippines is unclear and no additional information was provided in the transparency reports.[15]

In 2014, a Department of Defense official said that the Philippine Air Force had developed an experimental AFM-M3 cluster bomb unit in the 1990s, but the weapon was never pursued beyond the research phase and never used.[16]

An old 9kg M41A1 fragmentation bomb was cleared and destroyed from a construction site at Lanang in Davao City in 2013 by demining operator Swiss Foundation for Mine Action (Fondation Suisse de Déminage, FSD).[17] 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.



[1] Memorandum to the Chief of Staff, Armed Forces of the Philippines (AFP), on the Prohibition of Cluster Munitions in the AFP Operational Requirements by the Department of National Defense, 13 December 2017. Convention on Cluster Munitions Article 7 Report, Form A, 11 October 2019. Previously, the Philippines stated in 2011 and 2016 that the prohibition on the use of cluster munitions is part of the operational policy of the AFP. Statement of the Philippines, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011; and 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.

[2] The initial Article 7 report covered the period 1 January 2018 to 31 December 2018.

[3] The April 2020 update covers the calendar year 2019.

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

[5] The Philippines has participated in every Meeting of States Parties as well as the First Review Conference in Dubrovnik, Croatia in September 2015 and intersessional meetings in 2011–2015 and the Preparatory meetings for the Second Review Conference held virtually in June and September 2020.

[6]Asia-Pacific Workshop on CCM Universalization,” Convention on Cluster Munitions Quarterly Newsletter, April 2019.

[7]Implementation of the Convention on Cluster Munitions”, UNGA Resolution 75/62, 7 December 2020. The Philippines voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

[8] Explanation of Vote by the Philippines, UN General Assembly (UNGA) First Committee, video record, 6 November 2020, 2:04:08.

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

[10] 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 in Bali, Indonesia, 17 November 2009. Notes by Action on Armed Violence.

[11]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 75/193, 16 December 2020.

[12] The relevant forms are marked “N/A” (not applicable). Convention on Cluster Munitions Article 7 Report, Forms B, C, D and E, 11 October 2019.

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

[14] Convention on Cluster Munitions Article 7 Report, Form B, Part II (2 and 4), 11 October 2019.

[15] These weapons were not referenced in the annual update provided on 30 April 2020.

[16] To date, this is the only such bomb to have been found in the Philippines, and no adaptor has been recovered. Philippines Campaign Against Cluster Munitions (PCCM) meeting with Col. Gerry Amante, Commander of the AFP 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.

[17] Philippine Campaign to Ban Landmines (PCBL), “PCBL Monitor April 2013,” 30 April 2013.