17Human Rights FORUM

CHILDRENSPARE OURAlternative report on Philippines’

implementation of the OPCRC-AC

CHILDREN’S involvement inarmed conflict (CIAC) stillremains a serious concern inthe Philippines. Despitecommitment to interna-

tional legal framework and instituting na-tional laws and policies to address theCIAC issue, the Philippine government’sactual implementation of these laws andpolicies is still inadequate in protecting thelives of children who continue to be in-volved in armed conflict.

n By VANESSA RETUERMA

On August 26, 2003, the Phil-ippine government ratified theOptional Protocol to the Con-vention on the Rights of theChild on the Involvement ofChildren in Armed Conflict(OPCRC-AC). This is the mostspecific international law pro-hibiting the compulsory re-cruitment and use in hostilitiesof persons below 18 years old.On May 15, 2007, fouryears after ratification,the Philippine govern-ment submitted its ini-tial report on theimplementation of theOPCRC-AC to the UNCommittee on the Rightsof the Child (CRC). Thesubmission of stateparty report is in linewith the requirement ofthe OPCRC-AC for stateparties to provide compre-hensive information on the TRACY PABICO/PhilRights Photobank

VANESSA RETUERMA/PhilRights Photobank

VANESSA RETUERMA/PhilRights Photobank

18 Human Rights FORUM

measures it has undertaken tobring their legislation and prac-tice in line with the provisionsof the OPCRC-AC.

As a response to the Philip-pine state party report, the Phil-ippine Coalition to Protect Chil-dren Involved in Armed Con-flict (Protect-CIAC)1 and theSoutheast Asia Coalition to Stopthe Use of Child Soldiers(SEASUCS)2 submitted an alter-native report to the UN Com-mittee on the Rights of theChild in November 2007. Thealternative report provides acivil society analysis and per-spective on the government’simplementation of the OPCRC-AC. The report highlighted thegood practices, gaps and chal-lenges faced in the implemen-tation of policies, programs andother measures undertaken bythe government in implement-ing the instrument.

The report indicated that interms of instituting a nationallegal framework, the Philip-pines has adopted landmarklaws that afford protections andsafeguards to children in situa-tions of armed conflict.

Even prior to the ratificationof the OPCRC-AC, the Philip-pine government had alreadyadopted in 1992 Republic Act7610 (otherwise known as theSpecial Protection of ChildrenAgainst Child Abuse, Exploita-tion and Discrimination Act).Article X Sec. 22 of RA 7610 de-clares children as “zones ofpeace” and stipulates that “chil-dren shall not be the subject of

attack and shall be entitled tospecial respect” and that “chil-dren shall not be recruited tobecome members of the ArmedForces of the Philippines or itscivilian units or other armedgroups, nor be allowed to takepart in the fighting, or used asguides, couriers or spies”.

In November 2001, PresidentArroyo passed Executive OrderNo. 56 adopting the Compre-hensive Programme Frame-work for Children Involved inArmed Conflict (CPF-CIAC).The framework calls for coop-eration among the general pub-lic, media, non-governmentalorganizations (NGOs), govern-ment and the armed groups towork on advocacy and aware-ness raising on the CIAC issue,the prevention of recruitmentand involvement of children inarmed conflict, and the rescue,rehabilitation and reintegrationof CIAC. The same executive or-der gave way for the creation ofthe Inter-Agency Committee onChildren Involved in ArmedConflict (IAC-CIAC) composedof line government agenciesmandated to develop plans andprograms consistent with theimplementation of the CPF-CIAC.

One of the major outcomesof the CPF-CIAC is the devel-opment of the Inter-AgencyMemorandum of Agreement inthe Handling and Treatment ofChild Soldiers signed on March21, 2000. The MOA sets out theprocedure and stipulates thefunctions of relevant govern-

Through artwork, children from areas affected by armed conflict express their aspir

Photos: VANESSA RETUERMA/PhilRights Photobank

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ment agencies in each step orpart of the process, from thetime of surrender or rescue un-til the child is brought into theprotective custody of the DSWDor local government authority.The MOA requires police andmilitary authorities “to protectthe child from further exploita-tion or trauma with no tacticalinterrogation or any similarform of investigation or use inmilitary operations”. In addi-tion, it requires that the child beinformed of his/her rights, beaccorded with his/her basicneeds, be protected from mediaexposure and be transferred tothe DSWD or a local authoritywithin 24 hours “under normalcircumstances” and within “72hours when the situation does

not warrant the turnover of thechild within the prescribed pe-riod”.

While these national legaland policy measures provide acrucial starting point towardsstronger protection for CIAC,implementation of these lawsand policy remains wanting.

The report highlights thefollowing gaps and challengesin the implementation of theOptional Protocol:

• Despite the existence ofchild protection laws, chil-dren continue to be re-cruited and used in armedconflict. Protect CIAC wasable to document 33 CIACcases in both state and non-state armed groups re-

ported from 2005 to thefirst quarter of 2007. Non-state armed groups docu-mented with CIAC casesinclude the New People’sArmy (NPA), the Moro Is-lamic Liberation Front

(MILF) and the Revolution-ary Proletariat Army – AlexBoncayao Brigade (RPA-ABB). Although there are nodocumented CIAC withinthe Armed Forces of thePhilippines (AFP), the re-port indicated that childrencontinue to be recruited andused by government para-military groups, notably bythe Citizens Armed ForcesGeographical Units(CAFGU) and the CivilianVolunteer Organizations(CVOs). In some cases, cap-tured or rescued CIACfrom non-state armedgroups are used byCAFGUs in their counter-insurgency operations.

• National laws and policy onCIAC, particularly theMOA on the Handling andTreatment of CIAC, are not

rations for peace in the country.

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effectively disseminatedand mainstreamed in thefield offices at the provin-cial and city levels.

• The MOA on the handlingand treatment of CIAC islargely ignored and vio-lated, especially at the mu-nicipal and city levels.Documented cases con-tained in the report con-firmed that some capturedor rescued CIAC were de-tained by the military forextended periods beforebeing transferred to the cus-tody of the DSWD, which isa clear violation of the 24-72 hour timeframe specifiedin the MOA. The report alsorevealed cases where chil-dren have been subjected tophysical violence and ex-posed to media scrutinywhile in the custody of themilitary. In addition, thereport indicated that mili-tary and local governmentofficials continue to chargecaptured or surrenderedCIAC with rebellion, ille-gal possession of firearmsand other security-relatedoffences in violation of Phil-ippine laws. This reflectshow CIAC are still largelyviewed as perpetratorsrather than victims ofarmed conflict.

• Despite national laws pro-hibiting the recruitmentand use of children inarmed conflict, there are nospecific penalties or sanc-tions for violators. The ab-sence of this crucial provi-sion compromises the po-tential of the law as a deter-rent to the practice of re-cruiting children in armedforces or armed groups.

• The issue of children’s in-volvement in armed con-flict remains to be excludedin the agenda of peace andceasefire negotiations be-tween the government andarmed groups. The reportunderlines that the phe-nomenon of CIAC in thePhilippines is intricately

related to the overall prob-lem of armed conflict in thecountry. Addressing theCIAC issue requires the rec-ognition and commitmentof all parties to the conflict.At present the CIAC issuehas not been formallyraised in the agenda of thepeace talks with the NPAand the MILF, and the gov-ernment has remained re-luctant to do so because itis perceived that the issueis highly sensitive andmight potentially paralyzeongoing peace talks.

• Factors underlying the in-volvement of children inarmed conflict persist andremain largely unad-dressed. The report empha-sized that findings of sev-eral research on CIAC in thecountry show that factorssuch as poverty, lack of ac-cess to basic services, affili-ation of another familymember in an armedgroup, human rights abuses

brought about by militari-zation, developmental ag-gression, belief in politicalor religious ideologies, andthe lure of material rewardor compensation continueto drive children into be-ing involved in armedforces or armed groups.Whenever these factors arepresent, resistance andarmed conflict become aninevitable consequence.And when armed conflictexists, it is likely that chil-dren will become involved.Efforts towards preventingand ending the recruitmentand use of children inarmed conflict should ulti-mately address these un-derlying factors.

The report does not in anyway underrate initial efforts bythe government to address theCIAC issue. Rather, it highlightsthe current gaps and challengesthat could guide government,non-state actors and membersof civil society in strengthening

the implementation of the Op-tional Protocol to effect real pro-tection to children who are in-volved or could be potentiallyinvolved in armed conflict.

In the end, the report un-derlines that efforts to addresschildren’s involvement inarmed conflict require a com-plex and wide range of coor-dinated responses from gov-ernment actors, non-statearmed groups and members ofthe civil society, rooted infirm recognition and convic-tion that armed conflict is noplace for children. n

SOURCES

Protect CIAC and SEASUCS. Phil-ippine Alternative Report onthe Implementation of theOptional Protocol to the Con-vention on the Rights of theChild on Children’s Involve-ment in Armed Conflict(OPCRC-AC). Philippines,2008.

Protect CIAC and SEASUCS. Pre-venting Children’s Involve-ment in Armed Conflicts inthe Philippines: A Mapping ofPrograms and Organizations.Philippines, 2008.

VANESSA G. RETUERMA is currentlyworking as the Regional Associateof the Southeast Asia Coalition toStop the Use of Child Soldiers(SEASUCS).

ENDNOTES

1 Protect-CIAC was formerlycalled the Philippine Coalitionto Stop the Use of Child Sol-diers (PCSUCS). The changeof name was decided in July2007.

2 SEASUCS is a network of na-tional and regional humanrights, child-focused and hu-manitarian organizations work-ing in Myanmar, Indonesia,Philippines and Thailand, thatis proactively advocating forthe protection of children in-volved in armed conflict (CIAC)in the Southeast Asian region.

What about us? Participants in a children’s peace camp.

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VANESSA RETUERMA/PhilRights Photobank