Bill prohibiting chemical weapons gets final House nod

From the Philippine News Agency (Jan 23, 2024): Bill prohibiting chemical weapons gets final House nod (By Filane Mikee Cervantes)

Session hall of the House of Representatives (File photo)

MANILA – The House of Representatives on Tuesday overwhelmingly approved on third and final reading a measure prohibiting the development, production, stockpiling and use of chemical weapons.

With 197 affirmative votes, zero negative vote, and no abstention, the chamber passed House Bill (SB) 9571, or the proposed Chemical Weapons Prohibition Act, which would provide an enabling legislative framework required to fulfill the Philippine government's international commitments and obligations under the Chemical Weapons Convention (CWC).

Under the bill, developing, producing, acquiring, stockpiling, retaining, or using any chemical weapons shall be prohibited.

Other prohibited acts under the bill include engaging in any military preparations to use a chemical weapon, transferring chemical weapons to persons, using a riot control agent as a method of warfare, and exporting or importing Schedule 1 chemicals to or from states.

It also provides penalties and sanctions for criminal and administrative violations committed by officers of partnerships, corporations, associations and other juridical entities, government officials and employees, and foreign nationals.

Any person who commits any of the prohibited acts under the proposed law shall suffer the penalty of imprisonment of 12 years and one day to life imprisonment, and a fine of PHP2 million to PHP5 million.

Patrol Rep. Jorge Antonio Bustos, author of the bill, said there is a need to enact a substantive and comprehensive law that will make the country fully realize its responsibilities under the CWC, which would protect the people and aspire to eliminate all chemical weapons and abuses involved in the use of chemicals.

"This bill, a collective effort of the Anti-Terrorism Council and various governmental agencies in charge of the country's defense and security, including our Armed Forces of the Philippines, Philippine National Police and Bureau of Fire Protection, among others, seeks to consolidate all current laws we have in compliance with the CWC, to include those which are substantively required under the treaty," Bustos said.

The bill designates the Anti-Terrorism Council (ATC) as the Philippine National Authority on the Chemical Weapons Convention (PNA-CWC) to be headed by the Executive Secretary as chairperson of the ATC.

The PNA-CWC shall serve as the national focal point for effective liaison with the Organization for the Prohibition of Chemical Weapons (OPCW) and other states-parties as prescribed under the convention.

SB 9571 shall also conduct and facilitate national inspections, as well as international inspections by OPCW inspectors, of sites involving scheduled chemicals or other chemical production facilities.

In the commission of the offense, any chemical weapon found anywhere in the territory or in any other place under the jurisdiction of the Philippines, the warehouse or the place where the chemical weapons are being stored, such other instruments, as well as the fruits and proceeds of the offense, shall be forfeited in favor of the national government through the PNA-CWC, and shall be destroyed or disposed of in accordance with existing environmental regulations or related applicable laws.

The erring person shall be responsible for paying the cost of destruction or disposal of any chemical weapon.

Mechanisms for the declaration, verification and inspection of toxic chemicals and their precursors are also proposed under the bill.

https://www.pna.gov.ph/articles/1217491