Philippines

The Republic of the Philippines signed the Convention on Cluster Munitions in Oslo on 3 December 2008. In March 2009, the Philippines stated that it “is undergoing internal procedures leading to the possible ratification” of the convention. It also said that, in the meantime, the Philippines “consistent with its state policy, has no intention to assist, encourage or induce any state, group or individual to engage in any of the prohibited activities” under the convention.^[1]

The Philippines has stated that it “is not a user, producer, stockpiler or supplier of cluster munitions.”^[2] The Philippines is party to the Convention on Conventional Weapons (CCW), but has not yet ratified Protocol V on Exposive Remnants of War.

Cluster Munition Ban Policy

The Philippines did not attend the first two meetings of the Oslo Process in Oslo and Lima, but participated in the international treaty preparatory conferences in Vienna and Wellington, as well as the formal negotiations in Dublin.

At the Wellington conference, the Philippines called for a comprehensive prohibition on cluster munitions, without exceptions based on technical considerations. The Philippines stated that any doubts about unproven technical considerations “should be resolved in favor of the many cluster munitions victims – and future victims – all over the world.” The Philippines called on the international community to “take every feasible measure to minimize the risk to innocent civilians and to maximize the ground for cooperation to protect our people, as an expression of our common humanity, and as is reflected in the draft Wellington Declaration circulated before this Conference.”^[3]

At the Dublin negotiations in May 2008, the Philippines played an active role. The Philippines lobbied successfully for the inclusion of a reference to persons who have been killed by cluster munitions in the definition of cluster munitions victims.^[4] The Philippines advocated for the inclusion of a reference to non-state armed groups in the convention, which was subsequently placed in the preamble.^[5] The Philippines proposed amending the article on victim assistance to state that assistance must be provided “in accordance with international human rights law and international humanitarian law,” and supported the inclusion of provisions on the responsibility of past users of cluster munitions to provide assistance to victims.^[6]

The Philippines proposed modification of the text on national implementation measures to apply “to the whole range of legal, administrative and other measures, such as changes in military doctrine and operating procedures and notification of organizations involved in arms development, production and transfer.”^[7] The Philippines also supported the addition of provisions on “interoperability” (joint military operations with states not party), which it claimed were necessary in relation to its defense alliances and role in peacekeeping activities abroad.^[8]

In August 2008, the Philippine Campaign Against Cluster Munitions was launched.^[9]

During a CCW session in November 2008, the Philippines was one of 26 states that issued a joint statement expressing their opposition to the weak draft text on a possible CCW protocol on cluster munitions, indicating it was an unacceptable step back from the standards set by the Convention on Cluster Munitions.^[10]

When the Philippines signed the convention in Oslo, it stated that “the Philippines looks to the Convention to promote and protect the human rights of its migrants and peacekeepers present in conflict zones as well as those victims in the severely affected member states in the ASEAN [Association of Southeast Asian Nations]. We want to guarantee their access to assistance when needed, and to be able to live full and active lives.”^[11]