Philippine Disarmament & Non-Proliferation National Framework

1. Philippine Disarmament & Non-Proliferation National Framework Jesus S. Domingo, MNSA Director for International Political, Legal & Security Affairs Office of UN & Other International Organizations Department of Foreign Affairs Republic of the Philippines domingojs23@yahoo.com

2. RP Disarmament and Non-Proliferation Framework • RP Constitution • Renounces war as an instrument of national policy • Prohibits nuclear weapons in RP territory • Prohibits placement of foreign military bases in RP territory – unless through a treaty duly concurred thereto by the RP Senate

3. RP Disarmament and Non-Proliferation Framework • United Nations • UN Security Council Resolution 1540 • RP was 1540 Committee Vice Chairman in 2005 • UN Security Council Resolution 1718 • UN General Assembly • First Committee – Disarmament and International Security • UN Commission on Disarmament (CD) • UN D/NP Member and Review Conferences • Non-Aligned Movement (NAM) / G-77 • ASEAN

4. RP Disarmament and Non-Proliferation Framework • RP is a state-party / member / subscriber of: • Nuclear Non-Proliferation Treaty (NPT) • Comprehensive Nuclear Test Ban Treaty (CTBT) • Southeast Asian Nuclear Free Weapons Zone (SEANWFZ) • Chemical Weapons Convention (CWC) • Biological Weapons Convention (BWC) • The Hague Code of Conduct on Ballistic Missiles (HCOC) • Cracow Proliferation Security Initiative (PSI)

5. RP Disarmament and Non-Proliferation Framework • RP Coordinates closely with: • United Nations • Non-Aligned Movement • Group of 77 • ASEAN • ARF, ASEM • APEC

6. RP Disarmament and Non-Proliferation Framework • RP is a member of: • Nuclear Non-Proliferation Treaty (NPT): • International Atomic Energy Agency (IAEA) • Comprehensive Nuclear Test Ban Treaty (CTBT): • CTBTO Preparatory Commission • RP has 1 Radionuclide and 2 Aux Seismic Stations • Chemical Weapons Convention (CWC): • Organization for the Prohibition of Chemical Weapons (OPCW)

7. RP Disarmament and Non-Proliferation Framework • DFA – Office of UN & International Organizations (UNIO) is National Focal Point and Overall National Authority. • UNIO Coordinates “Family” of “National Technical Authorities.” • Each National Authority Group is an inter-agency body, co-chaired by UNIO and the NTA. • Disarmament / Non-Proliferation Activity is coordinated with National Anti-Terrorism, Border Control, Transnational Crime and Maritime/Air Security Activity.

8. RP Disarmament and Non-Proliferation Framework • National Technical Authorities • NPT / CTBT • Philippine Nuclear Research Institute • CWC • Department of Environment & Natural Resources • BWC • Department of Health • XC • Bureau of Customs • SALW • Office of the Special Envoy on Transnational Crime • Strategic and Other Weapons • Department of National Defense

9. RP: Latest Developments • Regional Activity • RP ASEAN Chairmanship • CTBT Ratification Outreach • Possible Regional Seminar in 2007 • Hague Code of Conduct Outreach • RP HCOC Chairman 2005-06 • Proliferation Security Initiative Coordination • Consultation on Issue of DPR Korea / UNSCR 1718

10. RP: Latest Developments • HCOC Outreach • Brief and inform States on HCOC • Encourage States to undertake confidence building measures such as annually reporting on their ballistic missile programs and alerting all other signatories before conducting ballistic missile tests • Work together with other Subscribing States to develop further ways to implement the Code • Promote, where possible and appropriate, a close relationship between the Code regime and the UN system. • Implement UNGA HCOC Resolution

11. RP: Latest Developments • Domestic Priorities • Passage of Anti-Terrorism Law • Passage of Chemical Weapons Law • Codification of Export Control-Related Regulations • Development of XC / PSI Framework

12. RP: Draft Anti-Terrorism Law • “formulate a comprehensive program and establish institutional mechanisms, when necessary, to deter and prevent acts of terrorism to include, programs to prepare the government and the country to cope with all forms of terrorist attacks and their consequences such as, but not limited to, the use of chemical, biological, radiological or nuclear weapons, or other weapons of catastrophic effect.” (Article 25 sub-para a)

13. RP: Draft Anti-Terrorism Law • Prohibited Acts: • a. “Threatening or causing serious risk to health or safety of the public or any segment of the public”. (Section 4, para 3) • b.” Unlawfully manufacturing, processing, selling, acquiring, possessing, using, diverting, supplying or transporting chemical, biological, radiological or nuclear agents, or equipment and instruments used in their production, distribution, release or spread.”

14. RP: Export Control System • Activities • Awareness and Education Campaign Among Government Agencies • Inventory and Compilation of Existing Related Laws and Regulations, Gap Identification • Formulation of Regulatory Framework and Establishment of Enforcement Mechanisms • Training and Capacity Building • Industry Outreach • Regional and International Coordination

15. RP: PSI Concerns • Does PSI Violate International and Maritime Law ? • NO – all acts must be legal. Interdictions may not contravene international and maritime law. Consent of vessels / flag states necessary. • Must PSI Subscribers Have Significant Maritime / Air Enforcement Assets ? • NO – participation from all states regardless of hardware inventory welcome, PSI is more of a policy coordination mechanism. • What about Conditions of Sailors in Interdicted Vessels ? • PSI does not call for contravention of IMO and other regulations on the rights of mariners.

16. Problems and Challenges • Difficulty in Passage of Legislation • Legislature-passed Acts necessary for Penalization of Prohibited Acts and for Activity Funding. • Delay in Passage of Anti-Terrorism Law. • Need to Pass Specific Law per Concern • Securing Support of Some Govt. Agencies • Securing Support of Private Sector • Limited Personnel and Logistical Resources

17. Maraming Salamat Po !