Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4150

House Bill No.

Introduced by AKBAYAN Representative Tomasito §, Villarin

EXPLANATORY NOTE

Based on figures in the United Nations Demining Database, there are an
estimated one hundred ten million active mines scattered in over seventy
s all over the world. These landmines were once described as
“fighters that never miss, strike blindly, do not carry weapons openly, and
go on killing after hostilities are ended.” Landmines, in other words, are the
greatest violators of international humanitarian law, the most ruthless of
terrorists, and “weapons of mass destruction in slow motion.”

The landmine problem is not much felt in the Philippines because of its
limited and discriminate use in internal armed conflicts with various rebel
groups. But the problem exists, no matter how limited

When the Philippine ratified the Ottawa Treaty (1997 Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and On ‘Their Destruction) and Amended Protocol II (1996
Amended Protocol on Prohibitions or Restrictions on the Use of Mines,
Booby-Traps and Other Devices, 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
Effect), as a State Party it took on the obligation to pass local legislation and
other measures to Suppress use of landmines, booby-traps and other similar
devices.

While the Ottawa Treaty provides for a total ban on anti-personnel
landmines, Amended Protocol II merely restricts the v of landmines,
whether anti-personnel or anti-vehicle, This bill se to enact local
legislation that would implement conflicting provisions of these treati
Through this proposed local legislation, the Philippines will not only addr
its own landmine problem but also contribute to the overall humanitarian
effort to solve the global scourge of anti-personnel landmines. ‘This is in
keeping with the Constitutional mandate to adhere to the rule of law,
human rights and international humanitarian law.



Among the original, innovative or cutting-edge features of the bill are:

t

8.

This

Congress. The soonest approval of this bill is therefore ear

. Contains provisions for compliance by the Armed Force:

Defines anti-personnel mines (a) based on impact or effect, not just on
design, (b) as victim-activated, not command-detonated, and (c) by
including 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.

Includes a technical definition of command-detonation,

Includes a provision on a total ban on transit and carrying by visiting
foreign military vessels and forces of anti-personnel mines.

Contains universal jurisdiction and extraterritorial application.
Provides for zero retention of anti-personnel mines.

Provides on a ban on technology transfer regarding anti-personnel
mines.

of the
Philippines, rebel groups, and inclusion of a landmines agenda in
peace process.

Creation of a Philippine Coordinating Committee on Landmines

bill was also filed by Akbayan’s representatives during the 16%

TOMASITO S, VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 4150

Introduced by AKBAYAN Representative Tomasito S, Villarin

AN ACT
PROVIDING FOR A TOTAL BAN ON ANTI-PERSONNEL LANDMINES, FOR
OTHER PROHIBITIONS AND RESTRICTIONS ON THE USE OF
LANDMINES, BOOBY-TRAPS AND OTHER DEVICES, FOR THE
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 Landmini

SECTION 2. Declaration of Principles and Policies. —

(a) The State 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) The State adopts the international humanitarian law principle that the
right of ps s to an armed conflict to choose methods or means of warfare
that the use of weapons, projectiles and materials and
methods of warfare of a nature to cause injury or unnecessary suffering is
prohibited, and that a distinction must be made between civilians and
combatants,

rtis
is not unlimited

(c) The State recognizes its contribution to the overall humanitarian effort to
put an end to the suffering and casualties by anti-personnel landmines that
kill or maim hundreds of people, mostly innocent and defenseless civilians
and children every week world-wide, that obstruct economic development
and reconstruction, and that inhibit the return of refugees and internally
displaced persons.



(@) The State shall take all appropriate measures to implement and to
reconcile the implementation of the Ottawa Treaty and Amended Protocol II
For this purpose, the State adopts a total ban on anti-personnel landmines
and obligates the Armed Forces of the Philippines to effect corresponding
changes in military warfare, including the development and use of
alternative equipment for perimeter defense in its field detachments, ‘This
total ban shall be made to apply to the transit and carrying by visiting
foreign military vessels and forces, including in joint military exercises, of
anti-personnel landmines within the Philippine territory.

(c) The State shall pursue landmines agenda in peace processes with rebel
groups.

() The State considers a violation of this Act as a war crime and shall
exercise universal jurisdiction over and extraterritorial application of this
law to persons, whether Filipinos or foreigners, who commit the prohibited
acts abroad.

SECTION 3. Scope of Application. -

(a) This Act relates to the use on land of the mines, booby-traps and other
devices defined herein, including landmines on interdict beaches, waterway
crossings or river crossings: Provided, That this Act does not apply to the
use of anti-ship mines at sea or in inland waterways: Provided, further, That
the total ban on anti-personnel landmines shall apply to the transit and
carrying by visiting foreign military vessels and forces, including those in
joint military exercises, in Philippine territory,

(b) This Act shall apply to situations referred to in Article 1 of the 1980
Weapons Convention and to situations referred to in Article 3 common to
the Geneva Convention of 12 August 1949: Provided, That this Act shall
apply to armed conflict which are not of an international character occurring
within the territory of the Philippines: Provided, however, That this Act shall
not apply to situations of internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence and other acts of similar nature, which
are not armed conflicts.

(c) Nothing in this Act shall be invoked for the purpose of affecting the
sovereignty of the Philippines or the responsibility of the Government, by all
legitimate means, to maintain or re-establish law and order in_ its
jurisdiction or to defend national unity and

ritorial integrity; or 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 Philippines
in the territory where said conflict occurs

(d) The application of the provisions of this Act to a party to a conflict, which
is not a State, shall not change their legal status of a disputed territory,
either explicitly or implicitly.


(ec) The State shall exercise jurisdiction over all persons, natural or juridical,
military or civilian, Filipino or foreign, who commit acts prohibited by this
Act, no matter where these acts were committed. The same applies even if
the acts were committed in the territory of another State, or involve suspects
or victims who are not nationals of the Philippines, or who pose no direct
threat to the State’s own particular security interests,

SECTION 4, Definitions. ~ As used in this Act, the following terms shall
mean:

(a) “Anti-handling device” refers to a device intended to protect a landmine.
It may be a part of, linked to, attached to or placed under the landmine, and
is activated whenever an attempt is made to tamper with the landmine.

(b) “Anti-personnel mine” refers to a victim-activated landmine designed to
be, or has the effect of being, exploded by the presence, proximity or contact
of a person: Provided, That this definition includes similarly designed (a)
improvised explosive device, (b) anti-vehicle mines equipped with anti-
handling devices, and (c) Claymore mines which are activated with tripwire
Provided, further, That this definition excludes those which are command-
detonated.

(c) “Anti-vehicle mine” refers to a landmine designed to be detonated by the
presence, proximity or contact of a vehicle.

(4) “Booby trap” refers to an apparently harmless object, device or material
which functions unexpectedly to kill or injure people.

(e) “Civilian objectives” refers to all objects other than a “military objective.”

(9 “Command-detonation” means a mechanism by which a person manually
detonates a mine by an electric firing mechanism allowing total control over
the mine’s effect but requires a person to be present. Command-detonation is
normally used with directional mines such as Claymore mines.

(g) “Landmine” or “mine” refers to munitions or explosive weapons 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.

(h) “Military objective” refers to an 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

(i) “Minefield” refers to a defined area in which mines have been emplaced:
Provide, That the term includes phony minefields or those areas which,
although free of mines, simulates a minefield.


() “Mined area” refers to an area which is dangerous due to the presence of
mines.

(k) “Other devices’ refer to manually emplaced munitions and devices,
including improvised explosives, made to kill, injure or damage, whether
designed to be activated manually, by remote control, or automatically after
the lapse of time.

() “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.

(m) “Remote control” means control by commands made from a distance

(n) “Remotely-delivered mine” refers to mine which is not directly emplaced:
Provided, That mines falling in this definition but which are delivered from a
land-based system from less than five hundred (500) meters are not
“remotely delivered.”

(0) “Self-activating” refers to the automatic and irreversible exhaustion of an
essential component of munitions, which renders munitions inoperable.

{p) “Self-destruction mechanism” refers to an automatically functioning
mechanism, whether incorporated or externally attached to a device, which
secures the destruction of munitions.

(q) “Self-neutralization mechanism” refers to an incorporated and
automatically functioning mechanism, which renders munitions inoperable

(r) “Transfer” refers to (1) the physical movement of mine within, into or from
national territory, (2) the transfer of title to and control over the mines, and
(3) the transfer of technology, patents and intellectual property rights for
anti-personnel mines: Provided, That the term does not refer to the transfer
of territory containing emplaced mines.

(s) “Victim-activated” mines are those which are not command-detonated.

SECTION 5. Total Ban on Anti-Personnel Mines. ~ The following acts
comprise the total ban on anti-personnel mines:

(a) It is prohibited for all persons, natural or juridical, under any
circumstances, to:

(1) Use anti-personnel mines;

(2) Develop, produce, or otherwise acquire, stockpile, retain or transfer
to anyone, directly or indirectly, anti-personnel mines; or



(b) 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,

(c) There shall be no retention of any number of anti-personnel mines for
any purpose

(a) Only the transfer of anti-personnel mines for the purpose of destruction
is permitted. Prohibited transfer includes technology transfer.

(c) The transit and carrying of anti-personnel mines by visiting foreign
military vessels and forces, including in joint military exercises, in
Philippines is prohibited.

SECTION 6. General Restrictions on the Use of Mines, Booby-traps and
Other Devices.

(a) This Section applies to the following:
(1) Mines, in general, including anti-vehicle mines;
(2) Booby-traps; and

(3) Other devic

(b) Each Party to a conflict is, in accordance with the provisions of this Act,
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
Act.

(c) It is prohibited, under all circumstances, to use any mine, booby-trap or
other device which is designed or is of a nature to cause grave injury or
unnecessary suffering,

(d) 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.

(c) 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 the magnetic or other non-contact influence of mine detectors
used in normal detection operations.

(J 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 becomes inoperable.


(q) It is prohibited, in all circumstances, including in acts in offense, defense
or by way of reprisal, to direct mines, booby-traps or other devices against
the civilian population, individual civilians or civilian objects.

(h) ‘The indiscriminate use of mines, booby-traps or other devices is
prohibited. “Indiscriminate use” is any placement of mines, booby-traps or
other devices, which:

(1) 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 used.

(2) Employs a method or means of delivery which cannot be directed at a
specific military objective.

(3) May be expected to cause (i) incidental loss of civilian life, (ii) injury to
civilians, (iii) damage to civilian objects, or (iv) a combination thereof, which
would be excessive in relation to the concrete and direct military advantage
anticipated.

(i) Several clearly separated and distinct military objectives located in a cit
town, village or other area containing a similar concentration of civilians or
civilian objects are not to be treated as a single military objective.

(j) All feasible precautions shall be taken to protect civilians from the effects
of mines, booby-traps or other devices. “Feasible precautions” are
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 not limited to:

(1) Both the short and long-term effect of mines upon the local civilian
population for the duration of the minefield;

(2) Possible measures to protect civilians including, but not limited to
putting up of fences, signs and warnings, and monitoring;

(3) Availability and feasibility of using alternatives; and
(4) Both short and long-term military requirements for a minefield.
(k) Effective advance warning shall be given of any emplacement of mines,

booby-traps and other devices which may affect the civilian population,
unless impossible under the circumstances.

SECTION 7. Restrictions on the Use of Remotely-Delivered Mines. ~


(a) It is prohibited to use remotely-delivered mines unless these are
recorded in accordance with sub-paragraph 1 (b) of the Technical
Annex Protocol II.

(b) It is prohibited to use remotely-delivered mines other than anti.
personnel mines, unless, to the extent feasible, these are equipped
with the following:

(1) Effective self-destruction or neutralization mechanism; and
(2) Back-up self-deactivation feature.

(c) 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. Prohibition on the Use Booby-Traps and Other Devices. -

(a) Without prejudice to the rules of international law applicable in armed
conflict relating to treachery and perfidy, it is prohibited, under all
circumstances, to use booby-traps and other devices attached to or
associated with any of the following:

(1) Internationally recognized protective emblems, signs or signals;

(2) Sick, wounded or dead persons;

(3) Burial or cremation sites or graves;

(4) Medical facilities, medical equipment, medical supplies or medical
transportation;

(5) Portable objects or products specially designed for the feeding,
hygiene, clothing or education of children, including children’s toys;

(6) Food or drink;

(7) Kitchen utensils or appliances except in military establishments,
military locations or military supply depots;

(8) Objects clearly of a religious nature;

(9) Historic monuments, works of art or places of worship which
constitute the cultural and spiritual heritage of peoples; or

(10) Animals or their carcasses.

(b) 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.

(c) Without prejudice to the provisions of Section 6, it is prohibited to use
booby-traps and other devices in any city, town, village or other area
containing a concentration of civilians on which combat between
ground forces is not taking place or does not appear to be imminent,

(1) The booby-traps and other devices are placed on or in close vicinity of
a military objective; or


(2) Measures are taken to protect civilians from their effects including,
but not limited to, posting of warning sentries, issuing warnings or
putting up fences.

SECTION 9. Transfers. ~
(a) In order to promote the purposes of this Act, the State undertakes:

(1) Not to transfer any mine the use of which is prohibited by this Act.

(2) Not to transfer any mine to any recipient other than a State or State
agency authorized to receive such transfers.

(3) To exercise restraint in the transfer of any mine regulated by this Act

(4) 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,

(b) In the event that the State declares that it will defer compliance with
specific provisions on the use of certain mines, as provided for the
Technical Annex of Amended Protocol I, subparagraph (a0 (1) of this
Section shall however apply to such mines.

(c) The State, pending the effectivity of this Act, will refrain from any
action which would be inconsistent with subparagraph (a) (1) of this
Section.

(d) 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. -

(a) Imprisonment of five (5) years to twenty (20) year for acts constituting
a violation of Sections 5 and 8 of this Act.

(b) Imprisonment of three (3) years to fifteen (15) years for acts
constituting a violation of Sections 6 and 7 of this Act.

(c) Imprisonment of one (1) to ten (10) years for acts constituting a
violation of Sections 9 and 19(g) of this Act

In addition to imprisonment, violations of this Act may be punished, in the
discretion of the court, with the following accessory penalti

(a) Fine, and/or
(b) Seizure or forfeiture of anti-personnel mines or components thereof.

SECTION 11. Destruction of Stockpile Anti-Personnel Mines. - The State
undertakes, as soon as possible, to destroy or ensure the destruction of all
stockpiled anti-personnel mines it owns or possesses, or that are under its



jurisdiction or control: Provided, That the destruction thereof shall not be
later than four (4) years after the effectivity of this Act.

SECTION 12. Destruction of Anti-Personnel Mines in Mined Areas. ~

(a) 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 (10) years after the effectivity
of this Act.

(b) The State shall (1) make every effort to identify all areas under its
jurisdiction or control where anti-personnel mines are known, or
suspected, to be emplaced, (2) 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, for the effective exclusion of civilians, until all anti-personnel
mines contained therein have been destroyed. The marking shall
comply with the standards set out in Amended Protocol I.

SECTION 13. Recording and Use of Information on Minefields, Mined
Areas, Mines, Traps and Other Devices. - All information concerning
minefields, mine areas, mines, booby-traps and other devices shall be
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 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, Parties to a conflict shall also make available to the other
Party of 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, That, 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, Whenever 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 Act.


SECTION 14. Removal of Minefields, Mined Areas, Mines, Booby-Traps
and Other Devices. —

(a) 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
Act

(b) The Parties to a conflict are responsible with respect to minefields,
mined areas, mines, booby-traps and other devices in areas under
their control.

(c) 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 subparagraph (b) of this Section, to the extent permitted
by such a Party, technical and material assistance necessary to fulfill
such responsibility.

(d) 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. -

(a) Application

(1) With the exception of the forces and missions referred to in
subparagraph (b) (1) (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.

(2) 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

(3) The provisions of this Section are without prejudice to existing
international humanitarian laws, and 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

(b) Peace-keeping, and other forces and missions
(1) 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, and

10


(ii) Any mission established pursuant to Chapter VIII of the Charter
of the United Nations and performing functions in the area of
conflict.

(2) 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) Ifnecessary, 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, booby-traps and other devices
in the area in which the force or mission is performing its
functions and, so far as feasible, make available to the head of
the force or missions all information in its possession
concerning minefields, mined areas, mines, booby-traps and
other devices.

(c) Humanitarian and fact-finding missions of the United Nations System

(1) This paragraph applies to any humanitarian or fact-finding mission of
the United Nations System.
(2) Bach 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 (b)(20(i) of this Section; and
(ii) Tfaccess 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 the safe passage to or
through that pla
(ii.1) Unless on-going hostilities prevent, inform the head
of the mission of a safe route to that place if such
information is available; or
(ii.2) If information identifying a safe route is not provided
in accordance with sub-paragraph (ii.a), so far as is
necessary and feasible clear a lane through minefields

(d) Missions of the International Committee of the Red Cross

(1) 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, Additional Protocol:

(2) 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 subparagraph (b)(2)(i) of this Section; and

a


Take the measures set out in subparagraph (c)(2)(ii) of this
Section.

(e) Other Humanitarian Missions and Missions of Enquiry

(1) Insofar as paragraphs (b), (c) and (d) above do not apply to other

humanitarian missions and mis

ions of enquiry, 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 conilict:

(i)
ti

(ii

Any humanitarian mission of a national Red Cr or Red
Crescent society or of their International Federation;

Any mission of an impartial humanitarian organization,
including any impartial humanitarian demining mission; and
Any mission of enquiry established pursuant to the provisions
of the Geneva Conventions of 12 August 1949, and, where
applicable, Additional Protocols.

(2) Each party to a conflict, if so requested by the head of a mission to
which this paragraph applies, shall:

@

(ii)

Provide the personnel of the mission with the protections set out
in subparagraph (b)(2)(i) of this Section; and

‘Take the measures set out in sub-paragraph (c)(2)(ii) of this
Section.

() 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.

(g) Respect for laws and regulations

(1) Resp

Without prejudice to such privileges and immunities as they may enjoy or to
the requirements of their duties, personnel participating in the force and
missions referred to in this section shall:

the laws and regulations of the host State; and

(2) Refrain from any action or activity incompatible with the impartial and

international nature of their duti

(a) Pursuant to this Act, esp
the Armed Forces of the Ph

SECTION 16. Compliance by the Armed Forces of the Philippines. -

ally its total ban on anti-personnel mines,
ppines shall effect the corresponding

changes in its military doctrine and warfare
(b) The Armed Forces of the Philippines shall issue relevant military
instructions and operating procedures, including the notification of

12


units and enterprises involved in arms development, production,
acquisition and transfer.

(c) Personnel of the Armed Forces of the Philippines shall receive training
commensurate with their duties and responsibilities to comply with
the provisions of this Act.

(d) The Armed Forces of the Philippines shall develop and use alternatives
to anti-personnel mines for perimeter defense of its field detachments,
such as various early warning devices.

(c) In cases of reacquisition by the Armed Forces of the Philippines of
Claymore mines, it shall be ensured that these are usable and used in
command-detonated mode only.

SECTION 17. Compliance by Rebel Groups. -

(a) In addition to the enforcement of this Act vis--vis Philippine internal
armed conflicts and rebel groups, the State welcomes the voluntary
compliance by rebel groups with the norms established in the Ottawa
Treaty and Amended Protocol Il, especially the total ban on anti-
personnel mines, which they may formalize through any of several
available instruments.

(b) The inclusion of the landmines agenda in peace processes with rebel
groups in the Philippines shall be pursued.

(c) The State recognizes the special role of impartial humanitarian
organizations 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. —

(a) The State shall consult and cooperate with other State 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 State Parties with their
obligations under the aforesaid treaties.

(b) In fulfilling the obligations under the Ottawa Treaty and Amended
Protocol Il, the State shall seek assistance, where feasible, from other
State Parties,to the extent possible.

(c) 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 Act. ‘The State shall not impose undue
restrictions on provision of mine clearance equipment and related
technological information for humanitarian purposes.

(d) 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

13


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. 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 Trust Fund for Assistance in Mine Clearance, or
other regional funds that deal with demining,

(0 The State, if in a position to do so, shall provide assistanc
destruction of stockpiled anti-personnel mines.

(g) 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.

(bh) The State may request the United Nations, regional organizations,
other State Parties or other component intergovernmental or non-
governmental forums to assist their authorities in the elaboration of a
national demining program to determine, inter alia:

for the

(1) The extent and scope of the anti-personnel mine problem;

(2) The financial, technological and human resources that are required
for the implementation of the program;

(3) The estimated number of years necessary to destroy all anti-
personnel mines in mined areas under the jurisdiction or control of
the State;

(4) Mine awareness activiti
injuries or deaths;

(5) Assistance to mine victims; and

(6) The relationship between the government and the relevant
governmental, inter-governmental or non-governmental entities
that will work in the implementation of this program.

s to reduce the incidence of mine-related

(i) The State, when giving and receiving assistance under the provisions
of this Section, shall cooperate with a view to ensuring the full 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.

SECTION 19, Transparency Measures, -
(a) The State shall report to the Secretary-General of the United Nations
as soon as practicable, and in any event not later than one hundred

eighty (180) days after the effectivity of this Act on the following

14


(1) The national implementation measures referred to in Article 9 of
the Ottawa Treaty;

(2) 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;

(3) 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

egarding the type and quantity of each type of anti-personnel mine
in each mined area and when they were emplaced;

(4) The types, quantities, and if possible, lot numbers of all anti-
personnel mines retained or transferred for the development of and
training in mine detections, 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;

(5) The status of programs for the conversion or de-commissioning of
anti-personnel mine production facilities;

(6) 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;

(7) 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;

(8) The technical characteristics of each type of anti-personnel mine

produced, to the extent 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, 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

subparagraph (b) of Section 12.

(9)

(b) The information provided in accordance with this Section shall be
annually updated by the State, covering the last calendar year, and
reported to the Secretary-General of the United Nations, not later than
April 30 of each year,

(c) The State shall provide annual reports to the Secretary-General of the
United Nations on any of the following matters:


(1) Dissemination of information on Amended Protocol I! AND
THIS Act to the Armed Forces of the Philippines and to the
civilian population;

(2) Mine clearance and rehabilitation program;

(3) Steps taken to meet technical requirements under this Act
and any other information pertaining thereto;

(4) Legislation related to Amended Protocol Il;

(5) Measures taken on international technical information
exchange, on international cooperation on mine clearance,
and on technological cooperation and assistance; and

(6) Other relevant matter

(d) 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 I, as may be applicable, by
impartial humanitarian organizations and relevant non-governmental
organizations,

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 Il.

() 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 I}
or to Article 8 of the Ottawa Treaty.

(g) It is prohibited to obstruct or deceive any member of such missions
exercising his or her functions or powers.

=

SECTION 20. International Meetings. -

(a) The Philippines shall participate actively in the following relevant
international meetings, among othe:

(1) Meetings of the State Parties, Review Conferences and Amendment
Conferences under the Ottawa Treaty; and

(2) Annual and Review Conferences of the High Contracting Parties
under Amended Protocol II.

(b) The Philippines shall endeavor to include one representative from a
relevant Philippine non-government organization or impartial

humanitarian organization in its delegations to major international

meetings under the Ottawa Treaty and Amended Protocol Il.

16


SECTION 21. Philippine Coordinating Committee on Landmines (PCCL).

(a) A Philippine Coordinating Committee on Landmines shall be created
with the following functions and powers:

(1) Coordinate, plan and monitor Philippine compliance with and
implementation of the Ottawa Treaty and Amended Protocol I;

(2) Prepare and submit annual reports under the two treaties;

(3) Prepare position papers, briefing material, amendment proposals
and possible d for major international meetings under the
two treatie

(4) Develop and implement plans and programs for the destruction of
anti-personnel mines, mine clearance, mine awareness and victim

ss for this law only as may be necessary;

(6) Conduct information dissemination on this law and the two
treaties, especially to the armed forces and rebel groups;

(7) Initiate investigation of reported violations of this law, and where
warranted, refer the matter for prosecution;

(8) Coordinate international technical cooperation and assistance,
including providing information to the database on mine clearance
established within the United Nations System;

(9) Recommend to the legislative and executive departments, including
the armed forces, effective measures for compliance with and
implementation of the two treaties;

(10) Empower duly-authorized deputies to enter and search
premises to collect and transfer anti-personnel mines for
destruction, subject to constitutional guarantees;

(11) Request the assistance of appropriate departments, bureaus,
offices or agencies in the performance of its functions; and

(12) 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,

(b) 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:

(1) Department of Foreign Affairs, particularly its Office of the United
Nations and International Organizations;

(2) Department of National Defense;

(3) Armed Forces of the Philippines, including its Office of the Chief,
Ordnance and Chemical Services;

(4) Department of Interior and Local Government;

(5) Philippine National Police;

(6) Department of Justice;

(7)

(7) Office of the Presidential Adviser on the Peace Process;

17


(8) Department of Health;

(9) Philippine National Red C
Committee;

(10) Philippine Campaign to Ban Landmines

(11) Philippine Chapter of the International As:

nicians and Investigators; and

(12) Such other relevant agencies or organizations as may be
designated by the President through an executive order activating
this Commitice.

, particularly its National [HL

sociation of Bomb

(c) For the initial operating expenses of the Philippine Coordinating
Committee on Landmines, the amount of Twenty Million Pesos (Php
20,000,000,00) 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. —

(a) 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 Act. 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 lor purposes of this Act, reccive cf
training in international criminal law, international humanitarian law

(b

and human rights.
SECTION 23. International Law References. —

(a) In the application and interpretation of this Law, the Court shall be
guided by:

(1) The Ottawa Treaty;

(2) Amended Protocol I;

(3) Applicable rules and rulings of international humanitarian law and
international criminal law;

(4) Relevant opinions and publications of the most highly qualitied
publicists and authorities:

(b) I case oF conflict in the implementation and application of the Ottawa
‘Treaty and Amended Protocol Il, the former shall prevail particularly as
far as anti-personnel mines are concerned

(c) The application and interpretation of this Act must be cons'
internationally recognized human rights.

tent with

18


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 any part or provision of this Act
shall be held unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full force aqnd effect.

SECTION 26. Effectivity. - This Act shall take effect fifteen (15) days after
its complete publication in two (2) national newspapers of general
circulation. The publication shall not be later than seven (7) days after the
approval hereof.

Approved,

19