REPUBLIC OF THE PHILIPPINES )
TWELFTH CONGRESS )
Second Regular Session )
SENATE/HOUSE OF REPRESENTATIVES
S./H.B. No. ________________
Introduced by Senator/Representative __________________
AN 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 CREATION OF A PHILIPPINE COORDINATING COMMITTEE ON LANDMINES,
AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress Assembled:
Section 1. Short Title. - This Act shall be known as the
"Philippine Comprehensive Law on Landmines" (PCLL).
Section 2. Declaration of Principles and Policies. -
1. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to a policy
of peace, equality, justice, freedom, cooperation and amity
among all nations.
2. Among the generally accepted principles of international
law incorporated into Philippine law are the rules and principles
of land warfare and of international humanitarian law under
the Hague Conventions and the Geneva Conventions, and human
rights as defined by the Universal Declaration of Human Rights.
3. Among the generally accepted principles of international
humanitarian law, also applicable to landmines, are that the
right of the parties to an armed conflict to choose methods
or means of warfare is not unlimited, that the employment
in armed conflicts of weapons, projectiles and materials and
methods of warfare of a nature to cause superfluous injury
or unnecessary suffering is prohibited, and that a distinction
must be made between civilians and combatants.
4. The Philippines wishes to contribute to the overall humanitarian
effort to put an end to the suffering and casualties caused
by anti-personnel mines that kill or maim hundreds of people,
mostly innocent and defenseless civilians and especially children,
every week world-wide, obstruct economic development and reconstruction,
inhibit the return of refugees and internally displaced persons,
and have other severe consequences for years after emplacement.
5. The Philippines shall take all appropriate measures to
implement and to reconcile the implementation of the two international
treaties dealing with landmines which it has ratified: the
1997 Convention on the Prohibition of the Use, Stockpiling,
production and Transfer of Anti-Personnel Mines and on their
Destruction (hereinafter, the "Ottawa Treaty"),
and the 1996 Amended Protocol on Prohibitions and Restrictions
on the Use of Mines, Booby-Traps and other Devices (hereinafter,
"Amended Protocol II) annexed to the 1980 Convention
on Prohibitions or Restrictions on the Use of Certain Conventional
Weapons which May be Deemed to be Excessively Injurious or
to Have Indiscriminate Effects (hereinafter, "1980 Weapons
Convention").
6. As far as anti-personnel mines are concerned, the Philippines
adopts a total bam, pursuant to the Ottawa Treaty, not just
restriction or regulation under Amended Protocol II.
7. Pursuant to this total ban on anti-personnel mines, the
Armed Forces of the Philippines shall effect the corresponding
changes in its military doctrine, including the development
and use of alternatives for perimeter defense of its field
detachments.
8. The total ban on anti-personnel mines shall apply to their
transit and carrying by visiting foreign military vessels
and forces, including in joint military exercises, in Philippine
territory.
9. The inclusion of the landmines agenda in peace processes
with rebel groups in the Philippines shall be pursued.
10. As in cases of war crimes, there shall be universal jurisdiction
over and extraterritorial application of this law to persons,
whether Filipino or foreign, who commit the prohibited acts
abroad.
Section 3. Scope of Application. -
1. This law relates to the use on land of the mines, booby-traps
and other devices, defined herein, including mines laid to
interdict beaches, waterway crossings or river crossings,
but does not apply to the use of anti-ship mines at sea or
in inland waterways.
2. This law shall apply, in addition to situations referred
to in Article 1 of the 1980 Weapons Convention, to situations
referred to in Article 3 common to the Geneva Conventions
of 12 August 1949. This law shall not apply to situations
of internal disturbances and tensions, such as riots, isolated
and sporadic acts of violence and other acts of a similar
nature, as not being armed conflicts.
3. In case of armed conflicts not of an international character
occurring in the territory of the State, each party to the
conflict shall be bound to apply the prohibitions and restrictions
of the law.
4. Nothing in this law shall be invoked for the purpose of
affecting the sovereignty of the State or the responsibility
of the Government, by all legitimate means, to maintain or
re-establish law and order in the State or to defend the national
unity and territorial integrity of the State.
5. Nothing in this law shall be invoked as a justification
for intervening, directly or indirectly, for any reason whatever,
in the armed conflict or in the internal or external affairs
of the State in the territory of which conflict occurs.
6. The application of the provisions of this law to parties
to a conflict, which are not States that have accepted this
Protocol, shall not change their legal status or the legal
status of a disputed territory, either explicitly or implicitly.
7. The State shall exercise jurisdiction over all persons,
natural or juridical, military or civilian, Filipino or foreign,
who commit acts prohibited by this law, no matter where these
acts occurred, even if they took place in the territory of
another State, involved suspects or victims who are not nationals
of the State, or posed no direct threat to the State's own
particular security interests.
8. The total ban on anti-personnel mines in this law shall
apply to their transit and carrying by visiting foreign military
vessels and forces, including in joint military exercises,
in Philippine territory.
Section 4. Definitions. -
1. "Mine" means a munition placed under, on or
near the ground or other surface area and designed to be exploded
by the presence, proximity or contact of a person or vehicle.
2. "Anti-personnel mine" means a mine designed
to be or has the effect of being exploded by the presence,
proximity or contact of a person and that will incapacitate,
injure or kill one or more persons. It is victim-activated,
not command-detonated. It includes improvised explosive devices
produced by adapting other munitions to function as anti-personnel
mines. It includes anti-vehicle mines equipped with anti-handling
devices or which otherwise have the same effect as anti-personnel
mines. It includes Claymore mines which are activated by tripwire
but excludes those which are command-detonated.
3. "Command-detonation" means a system whereby
a person manually detonates a mine electrically by an electric
firing mechanism. This system allows total control over the
mine's effect but requires a person to be present. It is normally
used with directional mines such as the Claymore. Mines which
are not command-detonated are considered victim-activated.
4. "Anti-vehicle mine" means a mine designed to
be detonated by the presence, proximity or contact of a vehicle
as opposed to a person.
5. "Anti-handling device" means a device intended
to protect a mine which is part of, linked to, attached to
or placed under the mine and which activates when an attempt
is made to tamper with the mine.
6. "Remotely-delivered mine" means a mine not directly
emplaced but delivered by artillery, missile, rocket, mortar,
or similar means, or dropped from an aircraft. Mines delivered
from a land-based system from less than 500 meters are not
considered to be "remotely-delivered", provided
that they are used in accordance with Section 7 and other
relevant provisions of this law.
7. "Remote control" means control by commands from
a distance.
8. "Booby Trap" means any device or material which
is designed, constructed, or adapted to kill or injure, and
which functions unexpectedly when a person disturbs or approaches
an apparently harmless object or performs an apparently safe
act.
9. "Other devices" means manually-emplaced munitions
and devices including improvised explosive devices designed
to kill, injure, or damage and which are activated manually,
by remote-control or automatically after a lapse of time.
10. "Self-destruction mechanism" means an incorporated
or externally attached automatically-functioning mechanism
which secures the destruction of the munition into which it
is incorporated or to which it is attached.
11. "Self-neutralization mechanism" means an incorporated
automatically-functioning mechanism which renders inoperable
the munition into which it is incorporated.
12. "Self-deactivating" means automatically rendering
a munition inoperable by means of the irreversible exhaustion
of a component, for example, a battery, that is essential
to the operation of the munition.
13. "Minefield" is a defined area in which mines
have been emplaced. Phoney minefields means an area free of
mines that simulates a minefield. The term "minefields"
include phoney minefields.
14. "Mined area" is an area which is dangerous
due to the presence of mines.
15. "Recording" means a physical, administrative
and technical operation designed to obtain, for the purpose
of registration in official records, all available information
facilitating the location of minefields, mined areas, booby-traps
and other devices.
16. "Transfer" involves, in addition to the physical
movement of mines within, into or from national territory,
the transfer of title to and control over the mines, but does
not involve the transfer of territory containing emplaced
mines. It includes the transfer of technology, patents and
intellectual property rights for anti-personnel mines.
17. "Military objective" means, so far as objects
are concerned, any object which by its nature, location, purpose
or use makes an effective contribution to military action
and whose total or partial destruction, capture or neutralization,
in the circumstance ruling at the time, offers a definite
military advantage.
18. "Civilian objects" are all objects which are
not military objectives as defined in paragraph 17 of this
section.
Section 5. Total Ban on Anti-Personnel Mines. -
1. It is prohibited for all persons, natural and juridical,
under any circumstances:
a. To use anti-personnel mines;
b. To develop, produce, otherwise acquire, stockpile, retain
or transfer to anyone, directly or indirectly, anti-personnel
mines;
c. To assist, encourage or induce, in any way, anyone to
engage in any activity prohibited under this law.
2. The State undertakes to destroy or ensure the destruction
of all anti-personnel mines on territory under its jurisdiction
or control in accordance with the Ottawa Treaty.
3. There shall be no retention of any number of anti-personnel
mines for any purpose.
4. Only the transfer of anti-personnel mines for the purpose
of destruction is permitted. Prohibited transfer includes
technology transfer.
5. The transit and carrying of anti-personnel mines by visiting
foreign military vessels and forces, including in joint military
exercises, in Philippine territory is prohibited.
Section 6. General Restrictions on the Use of Mines, Booby-Traps
and Other Devices. -
1. Without prejudice to Section 5, this Section applies to:
(a) mines in general, including anti-vehicle mines;
(b) booby-traps; and
(c) other devices.
2. Each party to a conflict is, in accordance with the provisions
of this law, responsible for all mines, booby traps and other
devices employed by it and undertakes to clear, remove, destroy
or maintain them as specified in this law.
3. It is prohibited in all circumstances to use any mine,
booby-trap or other device which is designed or of a nature
to cause superfluous injury or unnecessary suffering.
4. Weapons to which this section applies shall strictly comply
with the standards and limitations specified in the Technical
Annex of Amended Protocol II with respect to each particular
category.
5. It is prohibited to use mines, booby-traps or other devices
which employ a mechanism or device specifically designed to
detonate the munition by the presence of commonly available
mine detectors as a result of their magnetic or other non-contact
influence during normal use in detection operations.
6. It is prohibited to use a self-deactivating mine equipped
with an anti-handling device that is designed in such a manner
that the anti-handling device is capable of functioning after
the mine has ceased to be capable of functioning.
7. It is prohibited in all circumstances to direct weapons
to which this section applies, either in offense, defense
or by way of reprisals, against the civilian population as
such or against individual civilians or civilian objects.
8. The indiscriminate use of weapons to which this section
applies is prohibited. Indiscriminate use is any placement
of weapons:
a. which is not on, or directed against, a military objective.
In case of doubt as to whether an object which is normally
dedicated to civilian purposes, such as a place of worship,
a house or other dwelling or a school, is being used to make
an effective contribution to military action, it shall be
presumed not to be so used; or
b. which employs a method or means of delivery which cannot
be directed at a specific military objective; or
c. which may be expected to cause incidental loss of civilian
life, injury to civilians, damage to civilian objects, or
a combination thereof, which would be excessive in relation
to the concrete and direct military advantage anticipated.
9. Several clearly separated and distinct military objectives
located in a city, town, village or other area containing
a similar concentration of civilians or civilian objects are
not to be treated as a single military objective.
10. All feasible precautions shall be taken to protect civilians
from the effects of weapons to which this section applies.
Feasible precautions are those precautions which are practicable
or practically possible taking into account all circumstances
ruling at the time, including humanitarian and military considerations.
These circumstances include, but are not limited to:
a. the short- and long-term effect of mines upon the local
civilian population for the duration of the minefield;
b. possible measures to protect civilians (for example, fencing,
signs, warning and monitoring);
c. the availability and feasibility of using alternatives;
and
d. the short- and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement
of mines, booby-traps and other devices which may affect the
civilian population, unless circumstances do not permit.
Section 7. Restrictions on the Use of Remotely-Delivered
Mines. -
1. It is prohibited to use remotely-delivered mines unless
they are recorded in accordance with sub-paragraph 1 (b) of
the Technical Annex of Amended Protocol II.
2. It is prohibited to use remotely-delivered mines other
than anti-personnel mines, unless, to the extent feasible,
they are equipped with an effective self-destruction or self-neutralization
mechanism and have a back-up self-deactivation feature, which
is designed so that the mine will no longer function as a
mine when the mine no longer serves the military purpose for
which it was placed in position.
3. Effective advance warning shall be given of any delivery
of remotely-delivered mines which may affect the civilian
population, unless circumstances do not permit.
Section 8. Prohibitions on the Use of Booby-Traps and Other
Devices. -
1. Without prejudice to the rules of international law applicable
in armed conflict relating to treachery and perfidy, it is
prohibited in all circumstances to use booby-traps and other
devices which are in any way attached to or associated with:
a. internationally recognized protective emblems, signs or
signals;
b. sick, wounded or dead persons;
c. burial or cremation sites or graves;
d. medical facilities, medical equipment, medical supplies
or medical transportation;
e. children's toys or other portable objects or products
specially designed for the feeding, hygiene, clothing or education
of children;
f. food or drink;
g. kitchen utensils or appliances except in military establishments,
military locations or military supply depots;
h. objects clearly of a religious nature;
i. historic monuments, works of art or places of worship
which constitute the cultural or spiritual heritage of peoples;
j. animals or their carcasses.
2. It is prohibited to use booby-traps or other devices in
the form of apparently harmless portable objects which are
specifically designed and constructed to contain explosive
material.
3. Without prejudice to the provisions of Section 6, it is
prohibited to use weapons to which this section applies in
any city, town, village or other area containing a similar
concentration of civilians on which combat between ground
forces is not taking place or does not appear to be imminent,
unless either:
a. they are placed on or in close vicinity of a military
objective; or
b. measures are taken to protect civilians from their effects,
for example, the posting of warning sentries, the issuing
of warnings or the provision of fences.
Section 9. Transfers. -
1. In order to promote the purposes of this law, the State:
a. undertakes not to transfer any mine the use of which is
prohibited by this law;
b. undertakes not to transfer any mine to any recipient other
than a State or a State agency authorized to receive such
transfers;
c. undertakes to exercise restraint in the transfer of any
mine the use of which is restricted by this law; and
d. undertakes to ensure that any transfer in accordance with
this section takes place in full compliance, by both the transferring
and recipient State, with the relevant provisions of this
law and the applicable norms of international humanitarian
law.
2. In the event that the State declares that it will defer
compliance with specific provisions on the use of certain
mines, as provided for in the Technical Annex of Amended Protocol
II, sub-paragraph 1 (a) of this section shall however apply
to such mines.
3. The State, pending the effectivity of this law, will refrain
from any actions which would be inconsistent with sub-paragraph
1 (a) of this section.
4. This section shall be without prejudice to the prohibition
on the transfer of anti-personnel mines except for the purpose
of destruction. Prohibited transfer includes technology transfer.
Section 10. Penalties. -
1. The main penalty of imprisonment for violations of Sections
5 and 8, shall be for a specified number of years within a
range from 5 to 20 years;
2. The main penalty of imprisonment for violations of Sections
6 and 7 shall be for a specified number of years within a
range from 3 to 15 years;
3. The main penalty of imprisonment for violation of Sections
9 and 19.7 shall be for a specified number of years within
a range from 1 to 10 years;
4. In addition to imprisonment, the Court may order:
a. a commensurate fine; and/or
b. seizure or forfeiture of anti-personnel mines or components
thereof.
Section 11. Destruction of Stockpiled Anti-Personnel Mines.-
The State undertakes to destroy or ensure the destruction
of all stockpiled anti-personnel mines it owns or possesses,
or that are under its jurisdiction or control, as soon as
possible, but not later than four years after the entry into
force of the Ottawa Treaty for the Philippines on 1 August
2000.
Section 12. Destruction of Anti-Personnel Mines in Mined
Areas. -
1. The State undertakes to destroy or ensure the destruction
of all anti-personnel mines in mined areas under its jurisdiction
or control, as soon as possible but not later than ten years
after the entry into force of the Ottawa Treaty for the Philippines
on 1 August 2000.
2. The State shall make every effort to identify all areas
under its jurisdiction or control in which anti-personnel
mines are known or suspected to be emplaced and shall ensure
as soon as possible that all anti-personnel mines in mined
areas under its jurisdiction are perimeter-marked, monitored
and protected by fencing or other means, to ensure the effective
exclusion of civilians, until all anti-personnel mines contained
therein have been destroyed. The marking shall at least be
the standards set out in Amended Protocol II
Section 13. Recording and Use of Information on Minefields,
Mined Areas, Mines, Booby Traps and Other Devices. -
1. All information concerning minefields, mined areas, mines,
bobby traps and other devices shall be recorded in accordance
with the provisions of the Technical Annex of Amended Protocol
II.
2. All such records shall be retained by the parties to a
conflict, who shall, without delay after the cessation of
active hostilities, take all necessary and appropriate measures,
including the use of such information, to protect civilians
from the effects of minefields, mined areas, mines, booby-traps
and other devices in areas under their control.
At the same time, they shall also make available to the other
party or parties to the conflict and to the Secretary-General
of the United Nations all such information in their possession
concerning minefields, mined areas, mines, booby-traps and
other devices laid by them in areas no longer under their
control; provided, however, subject to reciprocity, where
the forces of a party to a conflict are in the territory of
an adverse party, either party may withhold such information
from the Secretary General and the other party, to the extent
that security interests require such withholding, until neither
party is in the territory of the other. In the latter case,
the information withheld shall be disclosed as soon as those
security interests permit. Wherever possible, the parties
to the conflict shall seek, by mutual agreement, to provide
for the release of such information at the earliest possible
time in a manner consistent with the security interests of
each party.
3. This section is without prejudice to the provisions of
Sections 14 and 15 of this law.
Section 14. Removal of Minefields, Mined Areas, Mines, Booby-Traps
and Other Devices. -
1. Without delay after the cessation of active hostilities,
all minefields, mined areas, mines, booby traps and other
devices shall be cleared, removed, destroyed or maintained
in accordance with Section 6 of this law.
2. The parties to a conflict bear such a responsibility with
respect to minefields, mined areas, mines, booby-traps and
other devices in areas under their control.
3. With respect to minefields, mined areas, mines, booby-traps
and other devices laid by a party in areas over which it no
longer exercises control, such party shall provide to the
party in control of the area pursuant to paragraph 2 of this
section, to the extent permitted by such party, technical
and material assistance necessary to fulfill such responsibility.
4. At all times necessary, the parties shall endeavor to
reach agreement, both among themselves and, where appropriate,
with other States and with international organizations, on
the provision of technical and material assistance, including
in appropriate circumstances, the undertaking of joint operations
necessary to fulfill such responsibilities.
Section 15. Protection from the Effects of Minefields, Mined
Areas, Mines, Booby Traps and Other Devices. -
1. Application
a. With the exception of the forces and missions referred
to in sub-paragraph 2(a)(i) of this section, this section
applies only to missions which are performing functions in
an area with the consent of the State on whose territory the
functions are performed.
b. The application of the provisions of this section to parties
in a conflict which are not states shall not change their
legal status or the legal status of a disputed territory,
explicitly or implicitly.
c. The provisions of this section are without prejudice to
existing international humanitarian law, or other international
instruments as applicable, or decisions by the Security Council
of the United Nations, which provide for a higher level of
protection to personnel functioning in accordance with this
section.
2. Peace-keeping and certain other forces and missions
a. This paragraph applies to:
i. any United Nations force or mission performing peace-keeping,
observation or similar functions in any area in accordance
with the Charter of the United Nations;
ii. any mission established pursuant to Chapter VIII of the
Charter of the United Nations and performing functions in
the area of conflict.
b. Each party to a conflict, if so requested by the head
of a force or mission to which this paragraph applies, shall:
i. so far as it is able, take such measures as are necessary
to protect the force or mission from the effects of mines,
booby-traps and other devices in any area under its control;
ii. if necessary, in order to effectively protect such personnel,
remove or render harmless, so far as it is able, all mines,
booby-traps and other devices in that area; and
iii. inform the head of the force or mission of the location
of all known minefields, mined areas, mines, booby-traps and
other devices in the area in which the force or mission is
performing its functions and, so far as is feasible, make
available to the head of the force or mission all information
in its possession concerning such minefields, mined areas,
mines, booby-traps and other devices.
3. Humanitarian and fact-finding missions of the United Nations
System
a. This paragraph applies to any humanitarian or fact-finding
mission of the United Nations System.
b. Each party to a conflict, if so requested by the head
of the mission to which this paragraph applies, shall:
i. Provide the personnel of the mission with the protections
set out in subparagraph 2(b)(i) of this section; and
ii. If access to or through any place under its control is
necessary for the performance of the mission's functions and
in order to provide the personnel of the mission with safe
passage to or through that place:
(aa). unless on-going hostilities prevent, inform the head
of the mission of a safe route to that place if such information
is available; or
(bb). if information identifying a safe route is not provided
in accordance with subparagraph (aa), so far as is necessary
and feasible clear a lane through minefields.
4. Missions of the International Committee of the Red Cross
a. This paragraph applies to any mission of the International
Committee of the Red Cross performing functions with the consent
of the State as provided for by the Geneva Convention of 12
August 1949 and, where applicable, their Additional Protocols.
b. Each party to a conflict, if so requested by the head
of a mission to which this paragraph applies, shall:
i. provide the personnel of the mission with the protections
set out in sub-paragraph (2)(b)(i) of this section;
ii. take the measures set out in sub-paragraph (3)(b)(ii)
of this section.
5. Other Humanitarian Missions and missions of enquiry
a. Insofar as paragraphs 2, 3 and 4 above do not apply to
them, this paragraph applies to any of the following missions
when they are performing functions in the area of a conflict
or to assist the victims of a conflict:
i. any humanitarian mission of a national Red Cross or Red
Crescent society or of their International Federation;
ii. any mission of an impartial humanitarian organization,
including any impartial humanitarian demining mission; and
iii. any mission of enquiry established pursuant to the provisions
of the Geneva Conventions of 12 August 1949, and , where applicable,
their Additional Protocols.
b. Each party to a conflict, if so requested by the head
of a mission to which this paragraph applies, shall:
i. provide the personnel of the mission with the protections
set out in sub-paragraph (2)(b)(i) of this section; and
ii. take the measures set out in sub-paragraph (3)(b)(ii)
of this section.
6. Confidentiality
All information provided in confidence pursuant to this section
shall be treated by the recipient in strict confidence and
shall not be released outside the force or mission concerned
without the express authorization of the provider of the information.
7. Respect for laws and regulations
Without prejudice to such privileges and immunities as they
may enjoy or to the requirements of their duties, personnel
participating in the forces and missions referred to in this
section shall:
a. Respects the laws and regulations of the host State; and
b. Refrain from any action or activity incompatible with
the impartial and international nature of their duties.
Section 16. Compliance by the Armed Forces of the Philippines.-
1. Pursuant to this Law, especially its total ban on anti-personnel
mines, the Armed Forces of the Philippines shall effect the
corresponding changes in its military doctrine.
2. The Armed Forces of the Philippines shall issue relevant
military instructions and operating procedures, including
the notification of units and enterprises involved in arms
development, production, acquisition and transfer.
3. Armed forces personnel shall receive training commensurate
with their duties and responsibilities to comply with the
provisions of this law.
4. The Armed Forces shall develop and use alternatives to
anti-personnel mines for perimeter defense of its field detachments,
such as various early warning devices.
5. In cases of the reacquisition by the armed forces of Claymore
mines, it shall be ensured that these are usable and used
in command-detonated mode only.
Section 17. Compliance by Rebel Groups.-
1. In addition to the enforcement of this law vis-à-vis
Philippine internal armed conflicts and rebel groups, the
State welcomes the voluntary compliance by rebel groups with
the norms established by the Ottawa Treaty and Amended Protocol
II, especially the total ban on anti-personnel mines, which
they may formalize through any of several available instruments.
2. The inclusion of the landmines agenda in peace processes
with rebel groups in the Philippines shall be pursued.
3. The State recognizes the special role of impartial humanitarian
organization in the engagement of rebel groups on a total
ban on anti-personnel mines and other humanitarian norms,
and shall provide an enabling environment for such engagement.
Section 18. International Cooperation and Assistance. -
1. The State shall consult and cooperate with other States
Parties regarding the implementation of the provisions of
the Ottawa Treaty and Amended Protocol II, and to work together
in a spirit of cooperation to facilitate compliance by States
Parties with their obligations under the aforesaid treaties.
2. In fulfilling the obligations under the Ottawa Treaty
and Amended Protocol II, the State shall seek assistance,
where feasible, from other State Parties to the extent possible.
3. The State undertakes to facilitate and shall have the
right to participate in the fullest possible exchange of equipment,
material and scientific and technological information concerning
the implementation of this law. The State shall not impose
undue restrictions on the provision of mine clearance equipment
and related technological information for humanitarian purposes.
4. The State, if in a position to do so, shall provide assistance
for the care and rehabilitation and social and economic reintegration,
of mine victims and for mine awareness programs. Such assistance
may be provided , inter alia, through the United Nations System,
international, regional or national organizations or institutions,
the International Committee of the Red Cross, national Red
Cross and Red Crescent societies, and their International
Federation, non-governmental organizations, or on a bilateral
basis.
5. The State, if in a position to do so, shall provide assistance
for mine clearance and related activities. Such assistance
may be provided, inter alia, through the United Nations System,
international, regional or national organizations or institutions,
non-governmental organizations or institutions, or on a bilateral
basis, or by contributing to the United Nations Voluntary
Trust Fund for Assistance in Mine Clearance, or other regional
funds that deal with demining.
6. The State, if in a position to do so, shall provide assistance
for the destruction of stockpiled anti-personnel mines.
7. The State undertakes to provide information to the database
on mine clearance established within the United Nations system,
especially information concerning various means and technologies
of mine clearance, and lists of experts, expert agencies or
national points of contact on mine clearance.
8. The State may request the United Nations, regional organizations,
other States Parties or other competent intergovernmental
or non-governmental fora to assist their authorities in the
elaboration of a national demining program to determine, inter
alia:
a. The extent and scope of the anti-personnel mine problem;
b. The financial, technological and human resources that
are required for the implementation of the program;
c. The estimated number of years necessary to destroy all
anti-personnel mines in mined areas under the jurisdiction
or control of the State;
d. Mine awareness activities to reduce the incidence of mine-related
injuries or deaths;
e. Assistance to mine victims;
f. The relationship between the government and the relevant
governmental, inter-governmental or non-governmental entities
that will work in the implementation of this program.
9. The State, when giving and receiving assistance under
provisions of this section, shall cooperate with a view to
ensuring the full and prompt implementation of agreed assistance
programs.
10. The State undertakes to consult and cooperate with other
State Parties bilaterally, through the Secretary-General of
the United Nations or through other appropriate international
procedures, to resolve any problems that may arise with regard
to the interpretation and application of the provisions of
the Ottawa Treaty and Amended Protocol II.
Section 19. Transparency Measures. -
1. The State shall report to the Secretary-General of the
United Nations as soon practicable, and in any event not later
than 180 days after the entry into force of the Ottawa Treaty
for the Philippines on 1 August 2000 on:
a. The national implementation measures referred to in Article
9 of the Ottawa Treaty;
b. The total of all stockpiled anti-personnel mines owned
or possessed by it, or under its jurisdiction or control,
to include a breakdown of the type, quantity and, if possible,
lot numbers of each type of anti-personnel mine stockpiled;
c. To the extent possible, the location of all mined areas
that contain or are suspected to contain, anti-personnel mines
under its jurisdiction or control, to include as much detail
as possible regarding the type and quantity of each type of
anti-personnel mine in each mined area and when they were
emplaced;
d. The types, quantities, and if possible, lot numbers of
all anti-personnel mines retained or transferred for the development
of and training in mine detection, mine clearance or mine
destruction techniques, or transferred for the purpose of
destruction, as well as the institutions authorized by a State
Party to retain or transfer anti-personnel mines.
e. The status of programs for the conversion or de-commissioning
of anti-personnel mine production facilities;
f. The status of programs for the destruction of anti-personnel
mines in accordance with Sections 11 and 12, including details
of the methods which will be used in destruction, the location
of all destruction sites and the applicable safety and environmental
standards to be observed;
g. The types and quantities of all anti-personnel mines destroyed
after the entry into force of the Ottawa Treaty for the State,
to include a breakdown of the quantity of each type of anti-personnel
mine destroyed, in accordance with Sections 11 and 12, along
with, if possible, the lot numbers of each type of anti-personnel
mine in the case of destruction in accordance with Section
11;
h. The technical characteristics of each type of anti-personnel
mine produced, to the extend known, and those currently owned
or possessed by the State, giving, where reasonably possible,
such categories of information as may facilitate identification
and clearance of anti-personnel mines; at a minimum, this
information shall include the dimensions, fusing, explosive
content, metallic content, color photographs and other information
which may facilitate mine clearance; and
i. The measures taken to provide an immediate and effective
warning to the population in relation to all areas identified
under paragraph 2 of Section 12.
2. The information provided in accordance with this section
shall be updated by the State annually, covering the last
calendar year, and reported to the Secretary-General of the
United Nations, not later that April 30 of each year.
3. The State shall provide annual reports to the Secretary-General
of the United Nations on any of the following matters:
a. dissemination of information on Amended Protocol II and
this law to the armed forces and to the civilian population;
b. mine clearance and rehabilitation program;
c. steps taken to meet technical requirements under this
law and any other information pertaining thereto;
d. legislation related to Amended Protocol II;
e. measures taken on international technical information
exchange, on international cooperation on mine clearance,
and on technological cooperation and assistance; and
f. other relevant matters.
4. In addition to the State's annual report to the Secretary-General
of the United Nations, the State welcomes and encourages the
independent monitoring and verification of state and non-state
compliance with the Ottawa Treaty and Amended Protocol II,
as may be applicable, by impartial humanitarian organizations
and relevant non-governmental organizations.
5. The officials primarily responsible for the annual reports
to the Secretary-General of the United Nations shall have
information-gathering powers, including to require the disclosure
of information on anti-personnel mines, subject to constitutional
rights. He or she may also report voluntarily on other relevant
matters not covered by the formal reporting requirements under
Article 7 of the Ottawa Treaty or Article 13 of Amended Protocol
II.
6. The State shall ensure full cooperation, access and security
to a peacekeeping, humanitarian, fact-finding or similar missions
carrying out activities on its territory or territory under
its control, pursuant to Section 15 above (corresponding to
Article 12 of Amended Protocol II) or to Article 8 of the
Ottawa Treaty.
7. It is prohibited to obstruct or deceive any member of
such missions exercising his or her functions or powers.
Section 20. International Meetings. -
1. The Philippines shall participate actively in the following
relevant international meetings, among others:
a. Meetings of the State Parties, Review Conferences and
Amendment Conferences under the Ottawa Treaty; and
b. Annual and Review Conferences of the High Contracting
Parties under Amended Protocol II.
2. The Philippines shall endeavor to include one representative
from a relevant Philippine non-governmental organization or
impartial humanitarian organization in its delegations to
major international meetings under the Ottawa Treaty and Amended
Protocol II.
Section 21. Philippine Coordinating Committee on Landmines
(PCCL).-
1. A Philippine Coordinating Committee on Landmines shall
be created with the following functions and powers:
a. Coordinate, plan and monitor Philippine compliance with
and implementation of the Ottawa Treaty and Amended Protocol
II;
b. Prepare and submit annual reports under the two treaties;
c. Prepare position papers, briefing material, amendment
proposals and possible delegates for major international meetings
under the two treaties;
d. Develop and implement plans and programs for the destruction
of anti-personnel mines, mine clearance, mine awareness and
victim assistance;
e. Issue implementing rules for this law only as may be necessary;
f. Conduct information dissemination on this law and the
two treaties, especially to the armed forces and rebel groups;
g. Initiate investigation of reported violations of this
law and, where warranted, refer the matter for prosecution;
h. Coordinate international technical cooperation and assistance,
including providing information to the database on mine clearance
established within the United Nations system;
i. Recommend to the legislative and executive departments,
including the armed forces, effective measures for compliance
with and implementation of the two treaties;
j. Empower duly-authorized deputies to enter and search promises
to collect and transfer anti-personnel mines for destruction,
subject to constitutional guarantees;
k. Request the assistance of appropriate departments, bureaus,
offices or agencies in the performance of its functions; and
l. Exercise such other powers and functions necessary for
the effective implementation of its mandate as may be provided
by law or delegated by the President.
2. The Philippine Coordinating Committee on Landmines shall
be composed of senior representatives of the following agencies
and organizations who shall elect a Chairperson and such other
officers as may be necessary from among themselves:
a. Department of Foreign Affairs, particularly its Office
of the United Nations and International Organizations;
b. Department of National Defense;
c. Armed Forces of the Philippines, including its Office
of the Chief, Ordinance and Chemical Services;
d. Department of the Interior and Local Government;
e. Philippine National Police;
f. Department of Justice;
g. Office of the Presidential Adviser on the Peace Process;
h. Department of Health;
i. Philippine National Red Cross, particularly its National
IHL Committee;
j. Philippine Campaign to Ban Landmines;
k. Philippine Chapter of the International Association of
Bomb Technicians and Investigators; and
l. Such other relevant agencies or organizations as may be
designated by the President through an executive order activating
this Committee.
3. For the initial operating expense of the Philippine Coordinating
Committee on Landmines, the amount of ____________________
is hereby appropriated. Thereafter, it shall submit to the
Department of Budget and Management its proposed budget for
inclusion in the General Appropriations Act.
Section 22. Designation and training of special courts and
prosecutors. -
1. The appropriate instrumentalities of the State, namely
the Supreme Court and the Department of Justice shall respectively
designate special courts, prosecutors and investigators to
investigate, prosecute and try, as the case may be, violations
of this law. The courts referred to here shall be at the Regional
Trial Court level and special divisions of the Court of Appeals.
2. The State shall ensure that judges, prosecutors and investigators,
especially those designated for purposes of this law, receive
effective training in international criminal law, international
humanitarian law and human rights.
Section 23. International law references. -
1. In the application and interpretation of this Law, the
Court shall be guided by:
a. The Ottawa Treaty;
b. Amended Protocol II;
c. Applicable rules and rulings of international humanitarian
law and international criminal law;
d. Relevant teachings of the most highly qualified publicists
and authoritative commentaries on the foregoing sources.
2. In case of conflict in the implementation and application
of the Ottawa Treaty and Amended Protocol II, the former shall
prevail particularly as far as anti-personnel mines are concerned.
3. The application and interpretation of this law must be
consistent with internationally recognized human rights.
Section 24. Repealing clause.
All laws, presidential decrees and issuances, executive
orders, rules and regulations or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
Section 25. Separability clause.
If, for any reason, any part or provision of this Act shall
be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue
to be in full force and effect
Section 26. Effectivity.
This Act shall take effect fifteen (15) days after its publication
in two national newspapers of general circulation. This publication
shall not be later that seven (7) days after the approval
hereof.
Approved, ___________________.
SOURCES & REFERENCES FOR 1ST DRAFT BILL ON
"PHILIPPINE COMPREHENSIVE LAW ON LANDMINES" (1/1/03)
Section 1. Short Title - Original
Section 2. Declaration of Principles and Policies.
1. Philippine Constitution, Art II, Sec 2.
2. Kuroda vs Jalandoni, 83 Phil 31, & other Philippine
Supreme Court decisions
3. Ottawa Treaty, Preamble, last par
4. Ottawa Treaty, Preamble, first par
5. Ottawa Treaty, Art 9; Amended Protocol II, Art 14 Pars
1 & 2
6. Original
7. Original, + ICRC recommendation
8. Original, + ICBL recommendation
9. Original
10. Original, UK Legislation uses extraterritoriality
Section 3. Scope of Application
1-6 Amended Protocol II, Art 1, pars 1-6
7. Original
8. Original, ICBL recommendation
Section 4. Definitions
Mostly taken from Amended Protocol II, Art 2 and Ottawa Treaty,
Art 2, except for the following:
2. "Anti-Personnel Mines" - original, + ICBL recommendation
& ICRC interpretation
3. "Command-detonation" - a technical concept used
by humanitarian deminers
16. "Transfer" - aspect on technology transfer is
used in Italian, Spanish and Czech legislation
Section 5. Total ban on Anti-Personnel Mines
1-2 Ottawa Treaty, Art 1
3. Original, + ICBL recommendation; some countries have such
zero retention of APMs: Austria, Malaysia, New Zealand, Norway,
Sweden
4. Ottawa Treaty, Art 3, Par 2; + Italian, Spanish and Czech
legislation
5. Original, + ICBL recommendation
Section 6. General Restrictions on use of mines, booby-traps
and other devices
- Amended Protocol II, Art 3
Section 7. Restrictions on the use of remotely-delivered
mines
- Amended Protocol II, Art 6, except Par 2
Section 8. Prohibitions on use of booby-traps and other devices.
- Amended Protocol II, Art 7
Section 9. Transfers
1-3 Amended Protocol II, Art 8
4. Ottawa Treaty, Art 3, par 2; + Italian, Spanish and Czech
legislation
Section 10. Penalties
- Original; pursuant to Ottawa Treaty, Art 9, & Amended
Protocol II, Art 14, par 2; + ICRC recommendation
Section 11. Destruction of stockpiled anti-personnel mines
-Ottawa Treaty, Art 4
Section 12. Destruction of anti-personnel mines in mined
areas
-Ottawa Treaty, Art 5
Section 13. Recording and use of information on minefields,
mined areas, mines, booby-traps and other devices
-Amended Protocol II, Art 9
Section 14. Removal of minefields, mined areas, mines, booby
-traps and other devices
-Amended Protocol II, Art 10
Section 15. Protection from the effects of minefields, mined
areas, mines, booby-traps and other devices
-Amended Protocol II, Art 12
Section 16. Compliance by the Armed Forces of the Philippines
1. Original, + ICRC recommendation
2. Amended Protocol II, art 14, par 3; ICRC recommendation
3. Amended Protocol II, art 14, par 3
4. Original
5. Original, + ICBL recommendation
Section 17. Compliance by rebel groups
- Original
Section 18. International cooperation and assistance
1. Ottawa Treaty, Art 8, par 1
2-9 Ottawa Treaty, Art 6
10. Amended Protocol II, Art 14, par 4
Section 19. Transparency measures
1-2. Ottawa Treaty, Art 7, pars 1-2
3. Amended Protocol II, Art 13, par 4
4. original
5. ICRC recommendation
6. ICRC recommendation
7. ICRC recommendation
Section 20. International meetings
1. Ottawa Treaty, Art 11-13; Amended Protocol II, Art 13
2. Original
Section 21. Philippine Coordinating Committee on Landmines
- Original
Section 22. Designation and training of special courts and
prosecutors
- Original
Section 23. International law references
1-2 Original
3. Rome Statute, Art 21 par 2
Section 24. Repealing Clause - standard
Section 25. Separability Clause- standard
Section 26. Effectivity - standard
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