OF THE PHILIPPINES RECEIvEI z 0m 4UL M.pdf · OF THE PHILIPPINES First Regular Session SENATE ......
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■I SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SENATE s. No. 2aa RECEIvEI z 0 date 4UL M m -- j— TIME: y y Ci BILLS I. INDEX Introduced by Senator Gregorio B. Honasan II AN ACT PROVIDING FOR A TOTAL BAN ON ANTI-PERSONNEL LANDMINES, FOR OTHER PROHIBITIONS OR RESTRICTIONS ON THE USE OF LANDMINES, BOOBY-TRAPS AND OTHER DEVICES, CREATING FOR THIS PURPOSE A PHILIPPINE COORDINATING COMMITTEE ON LANDMINES, AND FOR RELATED PURPOSES EXPLANATORY NOTE The landmine problem is not much felt in the Philippines because of its limited and largeiy discriminate use (so far) in the internal armed conflicts with various rebel groups. However, this bill is being proposed to be the main policy expression of the Philippines' compiiance with its international obligations under the two (2) treaties it has ratified, namely: the 1997 Convention on the Prohibition of the Use, Stockpiiing, Production and Transfer of Anti-Personnei Mines and on Their Destruction (hereinafter referred to as the Ottawa Treaty) the 1996 Amended Protocol on Prohibitions or Restrictions on the Use o f Mines, Booby-Traps and Other Devices (hereinafter referred to as the "Amended Protocol 11") annexed to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects. Under both treaties. State 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. This is because the Ottawa Treaty provides for a total ban on anti personnel mines, while Amended Protocol II merely restricts or regulates the use of all mines, whether anti-personnel or anti-vehicle. The Philippines, through this measure, 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).
Transcript of OF THE PHILIPPINES RECEIvEI z 0m 4UL M.pdf · OF THE PHILIPPINES First Regular Session SENATE ......
■I
SEVENTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
F irs t R egular Session
S E N A T E
s. No. 2aa
RECEIvEIz 0date4UL Mm -- j—
TIME: y y Ci
BILLS I. INDEX
Introduced by S ena tor G regorio B. Honasan I I
AN ACTPROVIDING FOR A TOTAL BAN ON ANTI-PERSONNEL LANDMINES, FOR OTHER PRO HIBITIO NS OR RESTRICTIONS ON THE USE OF LANDMINES, BOOBY-TRAPS AND OTHER DEVICES, CREATING FOR TH IS PURPOSE A PH ILIPPINE COORDINATING COMMITTEE ON LANDMINES, AND FOR RELATED PURPOSES
EXPLANATORY NOTE
The landmine problem is not much felt in the Philippines because of its limited and largeiy discriminate use (so far) in the internal armed conflicts with various rebel groups. However, this bill is being proposed to be the main policy expression of the Philippines' compiiance with its international obligations under the two (2) treaties it has ratified, namely:
the 1997 Convention on the Prohibition o f the Use, Stockpiiing, Production and Transfer o f Anti-Personnei Mines and on Their Destruction (hereinafter referred to as the Ottawa Treaty)
the 1996 Amended Protocol on Prohibitions o r Restrictions on the Use o f Mines, Booby-Traps and Other Devices (hereinafter referred to as the "Amended Protocol 11") annexed to the 1980 Convention on Prohibitions o r Restrictions on the Use o f Certain Conventional Weapons which May be Deemed to be Excessively In ju rio us o r to Have Ind iscrim inate Effects.
Under both treaties. State 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. I t must also reconcile its implementation. This is because the Ottawa Treaty provides for a total ban on antipersonnel mines, while Amended Protocol II merely restricts or regulates the use of all mines, whether anti-personnel or anti-vehicle. The Philippines, through this measure, 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).
