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.

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.

There is still no specific national law on landmines.[1] The Philippine Campaign to Ban Landmines (PCBL) has been advocating a “Philippines Landmines Bill” since the 12th Congress (2001–2004). Bills on national implementation measures have been before the House of Representatives and the Senate for several years, but none have been passed.[2] However, R.A. No. 9851 implements certain obligations under International Humanitarian Law which would criminalize use of antipersonnel landmines.[3] Production of improvised antipersonnel mines is also criminalized by R.A. No. 9516.[4]

The Philippines last provided an updated Article 7 transparency report in April 2020. Its previous Article 7 reports were submitted in March 2017 and cover the calendar years 2015 and 2016.[5]

The Philippines attended the Mine Ban Treaty Eighteenth Meeting of States Parties, held virtually in November 2020, and the intersessional meetings held virtually in June 2021.

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

In June and August 2021, PCBL held virtual briefings on the use of improvised explosive devices (IEDs) which function like landmines, and condemned the use of these IEDs by non-state armed groups (NSAGs).[6]

At the June 2021 intersessional meetings, PCBL made a statement on sustainable national capacity, mine action coordination, and responsive community liaison in situations of clearance of explosive ordnance, including IEDs which function as antipersonnel mines.[7] In August 2021, PCBL provided technical details on an improvised antipersonnel landmine used by an NSAG in the Philippines at the Group of Experts meeting on CCW Amended Protocol II.[8] In February, June, and December 2019, PCBL condemned the use of landmines by the New People’s Army (NPA) rebel group.[9]

On 9 September 2021, the Philippine Commission on Human Rights (PCHR) and PCBL signed a memorandum facilitating verification missions by PCBL in incidents involving explosive weapons that appeared to function like antipersonnel mines, including risk education and advocacy.[10]

Production, transfer, stockpiling, and use

In its Article 7 report submitted in 2020, the Philippines did not report the discovery or destruction of previously unknown stocks. In its Article 7 report covering calendar year 2015, the Philippines recorded having discovered and disposed of 10 antipersonnel mines after inspections at ammunition depots. The Philippines also reported recovering and disposing of 14 improvised mines and eight IEDs. In its Article 7 report, for calendar year 2016, the Philippines recorded having discovered and disposed of one Claymore mine, 14 antivehicle mines, and seven improvised Claymore mines.[11]

The Philippines has reported that it has never produced or exported antipersonnel landmines. It destroyed its entire stockpile of antipersonnel mines—all Claymore-type mines—in 1998 and 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 insurgent groups within the country.

Media reports regularly state that authorities have recovered “landmines” during operations against insurgents, most of which appear to be command-detonated IEDs.[12] Previously, in December 2009, the Philippines told States Parties that all landmines and improvised mines recovered from non-state armed groups (NSAGs) are destroyed immediately.[13]

Non-state armed groups

In the past, at least four NSAGs have used antipersonnel landmines or victim-activated improvised mines in the Philippines, including the NPA, the Moro Islamic Liberation Front (MILF), the Moro National Liberation Front (MNLF), and the Abu Sayyaf Group (ASG). Some NSAGs, including MILF, have formally pledged in writing not to use antipersonnel mines.[14] In February 2017, PCBL encouraged the government and the NPA to include cessation of improvised mine use in ceasefire talks between the parties.[15]

Sporadic use of improvised antipersonnel mines has occurred in the Philippines. Most recently, in December 2020, the AFP displayed evidence of such mines, found in Barangay Itaw, South Upi, Maguindanao province, manufactured from recycled unexploded ordnance (UXO), and attributed their production to the Bangsamoro Islamic Freedom Fighters (BIFF).[16] Previously, in 2017, the AFP was engaged in battles with four allied Islamic State-aligned militant groups—ASG, Ansar Khalifa Philippines (AKP), BIFF, and Maute Group (MG)—in Marawi, Lanao del Sur province. The groups reportedly left behind many booby-traps and IEDs, resulting in casualties.[17] Periodic reports of improvised mine use attributed to the ASG have also surfaced in previous years.[18]

The Philippine government and MILF signed a comprehensive peace agreement in March 2014.[19] A provision of the Annex on Normalization of the Comprehensive Agreement on the Bangsamoro (CAB) concerns “Landmines and Unexploded Ordnance,” which mandates PCBL and the Swiss Foundation for Demining (Fondation Suisse de Déminage, FSD) to assist in mine action work in the Bangsamoro region, in the western part of the island of Mindanao. The implementation of this agreement is ongoing and is supported by the European Union (EU).[20]

The NPA continued to use command-detonated IEDs in 2020–2021.[21] Philippine authorities and the media continue to refer to these as “landmines.” The NPA, as 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 government in 1998.[22] The CARHRIHL commits both parties to protect civilians by not violating the “right not to be subjected to...the use of landmines,” but does not define “landmines.” In June 2021, PCHR condemned antipersonnel mine use by the NPA, particularly in an incident which led to the death of two civilians in Masbate City. From available information, it is difficult to assess if the device was an improvised landmine or a command-detonated IED; but regardless, it was a criminal act under law R.A. No. 9851.[23]

In 2017, the Monitor was provided a technical drawing of remotely-detonated explosive devices used by the NPA. The devices are fitted with an antihandling device that can be turned on or off manually. When used in the antihandling mode, the device would be considered banned under the Mine Ban Treaty. It is unknown how many IEDs used by the NPA are fitted with this feature, or how often it is used.[24]

In August 2016, President Rodrigo Duterte called on the NPA to cease using landmines if it wanted to continue peace talks with the government.[25] The NPA refused, stating that its use of command-detonated landmines was not in violation of international law.[26] In response, PCBL issued a statement in August 2016 noting that NPA use of command-detonated mines might be in line with the Mine Ban Treaty but still threatened civilians, and requested the NPA publicly declare a halt to use of all types of landmines.[27]

Since 2014, the Republic of the Philippines has received more than US$4 million in international support, most of which came from the European Union, which contributed $4.4 million to the Swiss Foundation for Mine Action (FSD) in 2015, 2017, and 2018.[1]

In 2016, Norway contributed NOK1.8 million (approximately $220,000) to support clearance and risk education activities.[2] While in 2014, Switzerland provided CHF43,500 ($47,557) to Mines Advisory Group for clearance activities.[3]

Summary of international contributions: 2014–2018[4]