Resolution Concurring in the Ratification of the Arms Trade Treaty

January 26, 2022

SENATE RESOLUTION NO. 135

RESOLUTION CONCURRING IN THE RATIFICATION OF THE ARMS TRADE TREATY

WHEREAS, the 1987 Philippine Constitution, Article VII, Section 21 states: "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate";

WHEREAS, the Arms Trade Treaty (ATT) was adopted on 2 April 2013 at the United Nations Assembly;

WHEREAS, the ATT underlines the need to prevent and eradicate the illicit trade in conventional arms and to prevent their diversion to the illicit market;

WHEREAS, the ATT affirms the sovereign right of any State to regulate and control conventional arms exclusively within its territory, pursuant to its own legal or constitutional system;

WHEREAS, the ATT acknowledges that peace and security, development, and human rights are interlinked and mutually reinforcing, and are the pillars of the United Nations system and foundations for collective security;

WHEREAS, the President of the Philippines ratified the treaty on 29 December 2016 and has accordingly submitted it to the Senate for concurrence, in accordance with the 1987 Philippine Constitution;

WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations on 2 September 2021, the following government agencies endorsed the concurrence to the ratification of the ATT:

(1) Department of Foreign Affairs

(2) Department of National Defense

(3) Department of Trade and Industry

(4) Department of the Interior and Local Government

(5) Department of Justice

(6) Office of the Special Envoy on Transnational Crime

(7) Armed Forces of the Philippines

(8) Philippine Coast Guard

(9) Philippine National Police

(10) Presidential Commission on Visiting Forces Agreement

(11) Bureau of Customs

WHEREAS, Article 22 (2) of the Treaty provides, among other things, that it shall enter into force ninety (90) days following the date of deposit of its instrument of ratification;

WHEREAS, Article 24 (2) of the Treaty provides, among other things, that: "Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty. It shall give notification of such withdrawal to the Depositary, which shall notify all other States Parties. The notification of withdrawal may include an explanation of the reasons for its withdrawal. The notice of withdrawal shall take effect ninety (90) days after the receipt of the notification of withdrawal by the Depositary, unless the notification of withdrawal specifies a later date.":

Now, therefore, be it

Resolved, That the Philippine Senate concur, as it hereby concurs, in the ratification of the Arms Trade Treaty.

Resolved, further, That the President of the Philippines may, with the concurrence of the majority of all members of the Senate, withdraw from the Treaty.

Adopted,

(SGD.) VICENTE C. SOTTO IIIPresident of the Senate

This Resolution was adopted by the Senate on January 26, 2022.

(SGD.) MYRA MARIE D. VILLARICASecretary of the Senate