Press Release
November 6, 2024

SENATE PRESIDENT PRO TEMPORE JINGGOY EJERCITO ESTRADA
SPONSORSHIP SPEECH

AN ACT PROHIBITING THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS, PROVIDING FOR THEIR DESTRUCTION, IMPOSING PENALTIES FOR VIOLATIONS, AND APPRORIATING FUNDS THEREFOR

In March 1995, an odorless, colorless and toxic nerve agent Sarin was released in Tokyo subway system during rush hour. The coordinated terrorist attack killed 13 people in Japan and left a thousand others injured with temporary vision problems, paralysis, and permanent damage.

Chemical weapons were also used in reported targeted assassination plots of high-profile personalities, as in the case of Russian political activist Alexei Navalny in August 2020 when he was poisoned using Novichok, a highly toxic nerve agent; and in the case of the brother of North Korean leader using V-X, which in small dose induces rapid respiratory paralysis and death. And there are numerous other assassination attempts or deaths caused by chemical weapons.

These incidents show how horrific chemical weapons are, and how tragedies can ensue once these substances fall into the wrong hands. Maging ikaw ay isang inosenteng train commuter or a prominent public figure, maaari po tayong maging biktima ng chemical weapons.

Mr. President, distinguished colleagues, twenty-eight years since the Senate (under the leadership of then Senate President Neptali Gonzales) concurred in the ratification of the United Nations Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and Their Destruction in August 19, 1996 through the adoption of Senate Resolution No. 49, Congress has not enacted the national legislation needed to fully enforce the objectives of the Chemical Weapons Convention.

This is despite the fact that the Philippines was among the first countries to sign the Convention when it was opened for signature on January 13, 1993 - just 45 days after the UN General Assembly approved the same on November 30, 1992.

The Chemical Weapons Convention is a landmark agreement which is a product of nearly 26 years of negotiations and is considered to be a major breakthrough, as it is the first multilateral disarmament convention to provide for a complete ban on a whole class of weapons of mass destruction.

The CWC belongs to the realm of arms control, non-proliferation, and disarmament treaties, which include the 1968 Nuclear Non-Proliferation Treaty (NPT), the 1972 Biological Weapons Convention (BWC), and the 2017 Treaty on the Prohibition of Nuclear Weapons. These instruments are intended to reduce the likelihood of war and to delimit its effects should said war occur.[1]

Mr. President, as your Chairperson of the Committee on National Defense and Security, Peace, Unification and Reconciliation, I am honored to sponsor Senate Bill Number 2871 under Committee Report Number 344, or the "Chemical Weapons Prohibition Act."

The enactment of this bill will make the Philippines fully compliant with the Convention, as a State Party and as a peace-loving nation.

As echoed by the Department of Foreign Affairs (DFA): "The Philippines remains firm in its position on the total and complete elimination of all weapons of mass destruction. Disarmament and non-proliferation are compelling issues for the Philippines given that ten percent (10%) of our population live and work overseas, many in hot spots in the Middle East and Africa."

According to the Anti-Terrorism Council (ATC), which is designated as the Philippine National Authority on the Chemical Weapons Convention (CWC) and other disarmament issues by virtue of Executive Order No. 39 series of 2011, the Philippines is among the 4 countries in ASEAN that have legislation covering some initial measures pursuant to the CWC alongside Myanmar, Brunei and East Timor, and is therefore only "partially compliant" to the CWC. The other 7 ASEAN countries have already enacted legislation covering all initial measures pursuant to the CWC. Kahit po sa aspeto ng lubos na pagpapatupad ng Chemical Weapons Convention ay nahuhuli po tayo.

Globally, as of December 31, 2023, out of the 193 States Parties to the Convention, 128 states already have comprehensive national implementing legislation.

A similar version of this bill was already approved by the Senate in 2014 during the 16th Congress and was sent to the House of Representatives for concurrence, but unfortunately was not enacted into law.

Aside from criminalizing the development, acquisition, retention, transfer and use of chemical weapons, this bill establishes regulatory framework through declaration and verification mechanisms for toxic chemicals, particularly scheduled chemicals or those with legitimate pharmaceutical, agricultural and industrial purposes, but can be diverted for the production of chemical weapons.

Habang layunin natin na huwag magamit ang dual-use chemicals sa pagbuo ng mapaminsalang chemical weapons, hindi natin nais na bigyan ng dagdag na pasanin o pigilan ang paglago ng ating local chemical industry, lalo't ito ay isa sa pinakamalaking manufacturing sub-sector sa bansa na kinabibilangan ng 1,400 chemical manufacturing firms at 147,000 direct employees. Ipinapanukala natin ang pag-streamline ng mga polisiyang sinusunod ng nasabing industriya at ang pagkakaroon ng coordination mechanism sa pagitan ng mga regulatory agencies upang hindi maging paulit-ulit o doble-doble ang mga permit na kailangan nilang kunin.

Apart from being an international obligation, this measure provides the regime to manage chemicals of security concern, as well as the tools to prevent, respond to, and manage chemical incidents, that is crucial for national security and regional stability. Moreover, this acts as a deterrence as the bill provides stiff penalties for violations, in consonance with the Anti-Terrorism Act of 2020, and the Strategic Trade Management Act (STMA).

This bill seeks to effectively reduce the threat of chemical terrorism and ensure that advancements in chemistry will only be for peaceful purposes.

Mr. President, esteemed colleagues, this representation respectfully seeks your support in moving this long overdue legislation forward. I look forward to the deliberations of this measure and welcome inputs from the honorable members of this chamber with the sincere hope that this Senate will not delay any further the passage of this bill that is almost three decades behind.

The specter of chemical weapons being released in public spaces and its catastrophic and cruel consequences remain, especially with the presence of criminal groups and lawless elements and dramatic breakthroughs in the scientific community thus, allowing ease in synthesis and weaponization of chemicals. I invite our dear colleagues to take this important step in renewing our commitment to fully eliminate chemical weapons in our midst.

Thank you, Mr. President.

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[1] "Banning the 'Poor Man's' Weapons of Mass Destruction: The Philippines in the Organisation for the Prohibition of Chemical Weapons." J. Eduardo Malaya and Ma. Theresa Alders. Ateneo Law Journal. Vol. 66:129

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