=TEENTH 
CONGRESS OF THE REPUBLIC) 
1 
34 
MOV 24 Rll :02 
OF THE PHJLIPPJNES 
First Regular Session 
1 
S E N A T E  
1861 
Senate Bill No. 
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
This is a bill for a “PHILIPPINE COMPREHENSIVE LAW ON LANDMINES” 
This law would be the main policy expression of the Philippines’ compliance with its 
international obligations under the two related treaties which it has ratified in recent 
years, namely: 
- the 1997 Convention on the Prohibition of the Use, Stockpiling, Production 
and Transfer of AnttPersonnel Mines and on Their Destruction 
(hereinafter, the Ottawa Treaty) 
the 1996 Amended Protocol on Prohibitions or Restrictions on the Use of 
Mines, Booby-Traps and Other Devices-(hereinafter, “Amended Protocol II”) 
annexed to the 1980 Cohvention on Prohibitions or Restrictions on the Use 
of Certain Conventional Weapons which May be Deemed to be Excessively 
Injurious or to Have Indiscriminate Effects. 
- 
Under both treaties, States Parties like the Philippines are obliged to take all 
appropriate legislative and other measures to implement the treaties and suppress 
violations of the prohibitions and restrictions on the use of landmines, booby traps and 
other devices 
But the Philippines must not only implement both treaties. It must also reconcile 
its implementation of both treaties. This is becaus’e the Ottawa Treaty provides for a 
total ban on anti-personnel mines, while Amended Protocol I1 basically merely restricts 
or regulates the use of all mines, whether anti-personnel or anti-vehicle. The Philippines, 
through this law, resolves whatever conflict in the implementation and application of 
both treaties in favor of a total ban on anti-personnel mines (see Section 2, Paragraph 6 
and Section 23, Paragraph 2). 
There are more than 100 million mines buried in more than 60 countries. They 
claim more than 26,000 victims each year, mainly innocent civilians, killed or maimed 
after the fighting has stopped. A former delegate of the International Committee of the 
Red Cross (ICRC) once described them as “fighters that never miss, strike blindly, do not 
carry weapons openly, and go on killing after hostilities are ended.” In short, mines are 
the greatest violators of international humanitarian law. They are the most ruthless of 
terrorists.” Stated otherwise, they are “weapons of mass destruction in slow motion.” 
The landmine problem is not much felt in the Philippines because of its limited 
and largely discriminate use (so far) in the internal armed conflicts with various rebel 
groups. But the problem exists, no matter how limited, in our war zones as it does for 


Filipinos who work overseas, including in peacekeeping contingents, in landmine- 
affected countries. This danger to overseas Filipinos as well as the danger of landmine 
and landmine technology proliferation from other countries, including producers and 
exporters in Asia, indicate aspects of the national interest in this problem, 
Through this law, the Philippines seeks not only to address its own relatively 
small (while it is still small) landmine problem in its internal armed conflicts but also to 
contribute to the overall humanitarian effort to solve the global scourge of anti-personnel 
mines. After all, the Philippines has a tradition of adherence to the international rule of 
law, human rights and international humanitarian law, as shown by its Constitution, 
jurisprudence and accession to a good number of relevant treaties. 
Progressive state practice and opiniojuris (legal opinion) such as through this law 
is one way for the Philippines to contribute to a better international legal regime on 
landmines. This law shows that where a state adheres to both the Ottawa Treaty and 
Amended Protocol 11, it makes sense to have only one national legislation on 
landmines which reconciles the implementation of both treaties. 
The ICRC correctly advises adherence to both treaties because, apart from a total 
ban on anti-personnel mines under the Ottawa Treaty, Amended Protocol I1 covers other 
important aspects regarding anti-personnel mines (e.g. recording and use of information: 
access and security for peacekeeping, humanitarian and enquiry missions; and a technical 
annex which in fact the Ottawa Treaty makes reference to) as well as the whole matter of 
anti-vehicle mines plus booby-traps and other devices. 
Besides, a state party to Amended Protocol IT would be able to invoke it vis-a-vis 
its own rebel groups which are bound by operation of international law and vis-&vis 
other states parties to the protocol. It establishes the rule that those who use mines of 
whatever type are responsible for their removal at the end of hostilities. This could prove 
an important protection, even for parties to the Ottawa Treaty, in situations of conflict 
with a state not party to it. 
This law adopts as mush as possible the applicable provisions of the Ottawa 
Treaty and Amended Protocol 11. But it also improves on the Ottawa Treaty in particular, 
in the light of Philippine experience, other country legislation and recommendations of 
the ICRC and the International Campaign to Ban Landmines (ICBL). The bill was 
drafted by the non-governmental organization Philippine Campaign to Ban Landmines 
(PCBL). Among the original, innovative or cutting-edge features of the bill are: 
1. 
definition of anti-personnel mines based on impact or effect, not just on 
design; clarification as victim-activated, not command-detonated; 
inclusion of improvised explosive devices, anti-vehicle mines with anti- 
handling devices, anti-vehicle mines with the same effect as anti-personnel 
mines, and Claymore mines activated by tripwire (Section 4, Paragraph 2) 
2. 
technical definition of command-detonation, otherwise it is victim- 
activated (Section 4, Paragraph 3) 
application of the total ban on anti-personnel mines to their transit and 
carrying by visiting foreign military vessels and forces (Section 2, 
Paragraph 8; Section 3, Paragraph 8; Section 5, Paragraph 5) 
universal jurisdiction and extraterritorial application (Section 2, Paragraph 
10; Section 3, Paragraph 7) 
zero retention of anti-personnel mines (Section 5, Paragraph 3) 
3. 
4. 
5. 


6. 
7. 
8. 
9. 
10. 
ban on technology transfer regarding anti-personnel mines (Section 4, 
Paragraph 16; Section 5, Paragraph 4; Section 9, Paragraph 4) 
provisions for compliance by the Armed Forces of the Philippines, 
including the development and use of alternatives to anti-personnel mines 
for perimeter defense of field detachments, and ensuring that Claymore 
mines, if ever, are usable and used in command-detonated mode only 
(Section 16) 
provisions for conipliance by rebel groups, including inclusion of the 
landmines agenda in peace processes with them (Section 16) 
creation of a Philippine Coordinating Committee on Landmines (Section 
21) 
international law references for application and interpretation of this Law 
(Section 23) 
Like efforts towards national implementing legislation on the 1949 Geneva 
Conventions, the 1998 Rome Statute of the International Criminal Court, and other 
treaties of International Humanitarian Law and Human Rights, this law also hopes to 
infuse more international law consciousness not only in the noble profession of law but 
also in the noble profession of arms. Let it not be a repeated excuse that silent enim legis 
inter urma (the law stands mute in the midst of arms). 
The soonest approval of this bill is therefore most earnestly sought 


THIRTEENTa CONGRESS OF THE REPUBLIC ) 
OF THE PEULJPPINES 
1 
First Regular Session 
) 
S.B. No. 
1861 
Introduced by Senator Flavier 
AN ACT PROVIDING FOR A TOTAL BAN ON ANTI-PERSONNEL 
LANDMINES, FOR OTHER PROHIBITIONS OR RESTRICTIONS ON THE 
FOR CREATION OF A PHILIPPINE COORDINATING COMMITTEE ON 
LANDMINES, AND FOR RELATED PURPOSES 
USE OF LANDMINES, BOOBY-TRAPS AND OTHER DEVICES, 
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 “F‘hilippine 
Comprehensive Law on Landmines” (PCLL). 
SEC. 2. Declaration of Principles and Policies. - 
a. 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. 
b. 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. 
c. 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. 
d. 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 refitgees and internally displaced persons, and 
have other severe consequences for years after emplacement. 
e. 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 AnttPersonnel Mines and on their Desfruction 
(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 11) annexed to the 1980 Convention on 
Prohibitions or Reshictions on the Use of Certain Conventional Weapons 
which May be Deemed to be Excessively Injurious or to Have Indiscriminate 
Effects (hereinafter, “1980 Weapons Convention”). 
f 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. 
g. 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. 
h. 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. 
The inclusion of the landmines agenda in peace processes with rebel groups in the 
Philippines shall be pursued. 
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. 
SEC. 3. Scope of Application. - 
i. 
j. 
a. 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. 
b. 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. 
c. 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. 
d. Nothing in this law shall he 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. 
e. 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. 
f. 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. 


C. 
d. 
e. 
f. 
g. 
h. 
1. 
g. 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. 
h. 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. 
SEC. 4. Defmitions. - 
a. “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. 
b. “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. 
“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. 
“Anti-vehicle mine” means a mine designed to be detonated by the presence, 
proximity or contact of a vehicle as opposed to a person. 
“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. 
“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 Eom less than 500 meters are not 
considered to be ‘cremotely-delivered”, provided that they are used in accordance 
with Section 7 and other relevant provisions of this law. 
“Remote control” means control by commands from a distance. 
“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. 
“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. 


j. 
k. 
1. 
m. 
n. 
0. 
P. 
4. 
r. 
1. 
2. 
3. 
4. 
“Self-destruction mechanism” means an incorporated or externally attached 
automatically-Gnctioning mechanism which secures the destruction of the 
munition into which it is incorporated or to which it is attached. 
“Self-neutralization 
mechanism” 
means an 
incorporated 
automatically- 
functioning mechanism which renders inoperable the munition into which it is 
incorporated. 
“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. 
“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. 
“Mined area” is an area which is dangerous due to the presence of mines 
“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. 
“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 invoive the transfer of territory containing emplaced mines. It includes the 
transfer of technology, patents and intellectual property rights for anti-personnel 
mines. 
“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. 
“Civilian objects” are all objects which are not military objectives as defined in 
paragraph 17 ofthis section. 
SEC. 5. Total Ban on Anti-Personnel Mines. - 
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. 
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. 
There shall be no retention of any number of anti-personnel mines for any 
purpose. 
Only the transfer of anti-personnel mines for the purpose of destruction is 
permitted. Prohibited transfer includes technology transfer. 


5. 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
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. 
SEC. 6. General Restrictions on the Use of Mines, Booby-Traps and Other 
Devices. - 
Without prejudice to Section 5, this Section applies to: 
(a) mines in general, including anti-vehicle mines; 
(b) booby-traps; and 
(c) other devices. 
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. 
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. 
Weapons to which this section applies shall strictly comply with the standards and 
limitations specified in the Technical Annex of Amended Protocol I1 with respect 
to each particular category. 
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. 
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 afier the mine has ceased to be capable of hnctioning. 
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. 
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 he treated as a single military objective. 
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: 
10. 
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, 
waming 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. 
SEC. 7. Restrictions on the Use of Remotely-Delivered Mines. - 
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 11. 
1. 
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 hnction as a mine when the 
mine no longer serves the military purpose for which it was placed in position 
Effective advance warning shall be given of any delivery of remotely-delivered 
mines which may affect the civilian population, unless circumstances do not 
permit. 
SEC. 8. Prohibitions on the Use of Booby-Traps and Other Devices. - 
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. 
b. 
c. 
d. 
medical facilities, medical equipment, medical supplies or medical 
3. 
1. 
internationally recognized protective emblems, signs or signals; 
sick, wounded or dead persons; 
burial or cremation sites or graves; 
transportation; 


children’s toys or other portable objects or products specially designed for 
the feeding, hygiene, clothing or education of children; 
food or drink; 
kitchen utensils or appliances except in military establishments, military 
locations or military supply depots; 
objects clearly of a religious nature; 
‘historic monuments, works of art or places of worship which constitute the 
cultural or spiritual heritage of peoples; 
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. 
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. 
b. 
3. 
they are placed on or in close vicinity of a military objective; or 
measures are taken to protect civilians ftom their effects, for example, 
the posting of warning sentries, the issuing of warnings or the provision 
of fences. 
SEC 9. Transfers. - 
In order to promote the purposes of this law, the State: 
a. 
1. 
undertakes not to transfer any mine the use of which is prohibited by this 
law; 
undertakes not to transfer any mine to any recipient other than a State or a 
State agency authorized to receive such transfers; 
undertakes to exercise restraint in the transfer of any mine the use of 
which is restricted by this law; and 
undertakes to ensure that any transfer in accordance with this section takes 
place in ‘kll compliance, by both the transferring and recipient State, with 
the relevant provisions of this law and the applicable norms of 
international humanitarian law. 
b. 
c. 
d. 
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. 
1. 
2. 
3. 
4. 
This section shall be without prejudice to the prohibition on the transfer of anti- 
personnel mines except for the purpose of destmction. 
Prohibited transfer 
includes technology transfer. 
SEC. 10. Penalties. - 
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; 
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; 
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; 
In addition to imprisonment, the Court may order: 
a. 
a commensurate fine; and/or 
b. 
SEC. 11. Destruction of Stockpiled Anti-Personnel Mines.- 
The State undertakes to destrov or ensure the destruction of all stockoiled anti- 
seizure or forfeiture of anti-personnel mines or components thereof. 
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. 
SEC. 12. Destruction of Anti-Personnel Mines in Mined Areas. - 
1. 
2. 
1. 
2. 
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. 
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 I1 
SEC. 13. Recording and Use of Information on Minefields, Mined Areas, 
Mines, Booby Traps and Other Devices. - 
All information concerning minefields, mined areas, mines, bobby traps and other 
devices shall he recorded in accordance with the provisions of the Technical 
Annex of Amended Protocol II. 
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 SecretayGeneral 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. 
This section is without prejudice to the provisions of Sections 14 and 15 of this 
law. 
SEC. 14. Removal of Minefields, Mined Areas, Mines, Booby-Traps and 
Other Devices. - 
Without delay aRer 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. 
3. 
1. 
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. 
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 llfill such responsibility. 
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 hlfill 
such responsibilities. 
SEC. 15. Protection from the Effects of Minefields, Mined Areas, Mines, 
Booby Traps and Other Devices. - 
3. 
4. 
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 lnctions are performed. 
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. 
b. 
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; 
any mission established pursuant to Chapter WI of the Charter of the 
United Nations and performing functions in the area of conflict. 
ii. 
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; 
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 
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 fnnctions 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. 
ii. 
iii. 
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. 
Each party to a conflict, if so requested by the head of the mission to 
which this paragraph applies, shall: 
b. 
i. 
Provide the personnel of the mission with the protections set out in 
subparagraph 2(b)(i) of this section; and 
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. 
ii. 
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. 
Each party to a conflict, if so requested by the head of a mission to which 
this paragraph applies, shall: 
a. provide the personnel of the mission with the protections set out in sub- 
paragraph (2)(b)(i) of this section; 
b. take the measures set out in sub-paragraph (3)(b)(ii) of this section. 
b. 
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: 
c. any humanitarian mission of a national Red Cross or Red Crescent society 
or of their International Federation; 
d. any mission of an impartial humanitarian organization, including any 
impartial humanitarian demining mission; and 
e. 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 patty to a conflict, if so requested by the head of a mission to which 
this paragraph applies, shall: 
f. provide the personnel of the mission with the protections set out in sub- 
paragraph (2)@)(i) of this section; and 
g. 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 prdvider 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. 
b. 
Respects the laws and regulations of the host State; and 
Refrain from any action or activity incompatible with the impartial and 
international nature of their duties. 


SEC. 16. Compliance by the Armed Forces of the Philippines.- 
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. 
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. 
Armed forces personnel shall receive training commensurate with their duties and 
responsibilities to comply with the provisions of this law. 
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. 
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. 
SEC. 17. Compliance by Rebel Groups.- 
In addition to the enforcement of this law vis-a-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 
11, especially the total ban on anti-personnel mines, which they may formalize 
through any of several available instruments. 
The inclusion of the landmines agenda in peace processes with rebel groups in the 
Philippines shall be pursued. 
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. 
SEC. 18. International Cooperation and Assistance. - 
The State shall consult and cooperate with other States Parties regarding the 
implementation of the provisions of the Ottawa Treaty and Amended Protocol 11, 
and to work together in a spirit of cooperation to facilitate compliance by States 
Parties with their obligations under the aforesaid treaties. 
In fulfilling the obligations under the Ottawa Treaty and Amended Protocol 11, the 
State shall seek assistance, where feasible, from other State Parties to the extent 
possible. 
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, 
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 
1. 
2. 
3. 
4. 
5. 
1. 
2. 
3. 
1. 
2. 
3. 
4. 


! 
Red Crescent societies, and their International Federation, non-governmental 
organizations, or on a bilateral basis. 
The State, if in a position to do so, shall provide assistance for mine clearance and 
related activities. 
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. 
The State, if in a position to do so, shall provide assistance for the destruction of 
stockpiled anti-personnel mines. 
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. 
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, 
infer alia: 
5. 
Such assistance may be provided, 
6. 
7. 
8. 
a. 
b. 
The extent and scope of the anti-personnel mine problem; 
The financial, technological and human resources that are required for the 
implementation of the program; 
The estimated number of years necessary to destroy all anti-personnel 
mines in mined areas under the jurisdiction or control of the State; 
Mine awareness activities to reduce the incidence of mine-related injuries 
or deaths; 
c. 
d. 
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 111 and prompt implementation of 
agreed assistance programs. 
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. 
10. 
SEC. 19. Transparency Measures. - 
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: 
1. 


a. 
The national implementation measures referred to in Article 9 of the 
Ottawa Treaty; 
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; 
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; 
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 destmction 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. 
The status of programs for the conversion or de-commissioning of anti- 
personnel mine production facilities; 
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; 
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; 
b. 
c. 
d. 
e. 
f. 
g. 
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, 
fbsing, explosive content, metallic content, color photographs and other 
information which may facilitate mine clearance; and 
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. 
1. 
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. 
The State shall provide annual reports to the Secretary-General of the United 
Nations on any of the following matters: 
a. 
3. 
dissemination of information on Amended Protocol I1 and this law to the 
armed forces and to the civilian population; 


b. 
c. 
mine clearance and rehabilitation program; 
steps taken to meet technical requirements under this law and any other 
information pertaining thereto; 
legislation related to Amended Protocol II; 
d. 
e. 
measures taken on international technical information exchange, on 
international cooperation on mine clearance, and on technological 
cooperation and assistance; and 
E 
other relevant matters. 
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 11, as may be applicable, by impartial humanitarian 
organizations and relevant non-governmental organizations. 
The oficials 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 11. 
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. 
It is prohibited to obstruct or deceive any member of such missions exercising his 
or her finctions or powers. 
SEC. 20. International Meetings. - 
The Philippines shall participate actively in the following relevant international 
meetings, among others: 
4. 
5. 
6. 
7. 
1. 
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. 
SEC. 21. Philippine Coordinating Committee on Landmines (PCCL).- 
A Philippine Coordinating Committee on Landmines shall be created with the 
following functions and powers: 
1. 


a. Coordinate, plan and monitor Philippine compliance with and 
implementation of the Ottawa Treaty and Amended Protocol 11; 
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; 
E 
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; 
Recommend to the legislative and executive departments, including the 
armed forces, effective measures for compliance with and implementation 
of the two treaties; 
Empower duly-authorized deputies to enter and search promises to collect 
and transfer anti-personnel mines for destruction, subject to constitutional 
guarantees; 
i. 
j. 
k. Request the assistance of appropriate, departments, bureaus, offices or 
agencies in the performance of its functions; and 
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. 
1. 
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 Ofice 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; 
Department of the Interior and Local Government; 
d. 
e. 
Philippine National Police; 
f. 
Department of Justice; 


g. 
h. 
Department of Health; 
i. 
j. 
k. 
Office of the Presidential Adviser on the Peace Process; 
Philippine National Red Cross, particularly its National IHL Committee; 
Philippine Campaign to Ban Landmines; 
Philippine Chapter of the International Association of Bomb Technicians 
and Investigators; and 
Such other relevant agencies or organizations as may be designated by the 
President through an executive order activating this Committee. 
1. 
For the initial operating expense of the Philippine Coordinating Committee on 
Landmines, the amount of THREE MILLION PESOS (P3,000,000.00) is hereby 
appropriated. ThereaRer, it shall submit to the Department of Budget and 
Management its proposed budget for inclusion in the General Appropriations Act. 
SEC. 22. Designation and Training of Special Courts and Prosecutors. - 
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. 
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. 
SEC. 23. International Law References. - 
In the application and interpretation of this Law, the Court shall be guided by: 
a. 
The Ottawa Treaty; 
b. 
Amended Protocol 11; 
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. 
In case of conflict in the implementation and application of the Ottawa Treaty and 
Amended Protocol 11, the former shall prevail particularly as far as anti-personnel 
mines are concerned. 
3. 
1. 
2. 
1. 
2. 
3. 
The application and interpretation of this law must be consistent with 
internationally recognized human rights. 
SEC. 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. 


SEC. 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 hll force and effect 
SEC. 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,