GOOD MORNING SOCIAL WORKERS!

HAPPY SOCIAL WORK MONTH!

HAPPY WOMEN’S MONTH!

CHILDREN IN CONFLICT WITH THE LAW: FOCUS ON CAVITE & BIRD’S EYEVIEW ON SOUTHEAST ASIA

Victor Immanuel Cuarto, RSW, MSWNASWEI/JSWAP Region 4 Chapter ConventionSacred Heart College-LucenaMarch 7, 2015

OUTLINEA. REVIEW OF RA 9344 & RA 10630

B. FOCUS ON CAVITE

C. BIRD’S EYEVIEW ON SEA

D. SOME THOUGHTS

LET US FIRST REVIEW WHAT LED TO RA 9344 IN 2006 & RA 10630 IN 2013.

Founded in 1993, is a coalition of organizations, government agencies and individuals working for the protection of the rights and welfare of youth and offenders.

Our M I S S I O N We promote and protect the rights of children in conflict with the

law through advocacy, training, research, and networking anchored on the principles of Restorative Justice

 Our O B J E C T I V E S To ensure that no child is in jail  To advocate and network for the effective implementation of laws,

guidelines and policies concerning children in conflict with the law  To enable member organizations and other stakeholders to

implement the principles of Restorative Justice in their work with children in conflict with the law; and

 To conduct research and documentation on issues and practices concerning children in conflict with the law

 

PHILIPPINE ACTION FOR YOUTH OFFENDERS

MINORS IN JAIL

Since 1993 advocated and lobbied for the enactment of the Juvenile Justice Law.In 1996, drafted a bill on Juvenile Justice.In 2002, the Alliance with funding assistance from UNICEF, conducted a study on the age of discernment focusing on out- of- school youth: Arrested Development. This study served as one of the bases why 15 years was adopted as the minimum age of criminal responsibility (MACR).

BACKGROUND

UNICEF PHILIPPINES/2004 THE ADVOCACY AGAINST

JUVENILE DETENTION

RELEASED IN 2004

SEN. PANGILINAN AUTHORS RA 9344

PRES GMA SIGNS ON APRIL 28, 2006

FAILURE TO FUND & IMPLEMENT

“We reiterate our previous position that the problem is not the law but the failure of government to fund it and implement it. It has been hailed as a landmark piece of legislation that was for four years unfunded by the Arroyo administration.”

FUNDS RELEASED AFTER 4 YEARS

“No law can hope to be effectively implemented if it is not funded. With only five employees, no executive director, and no office of its own it had no chance of succeeding. It was only when PNoy took over that the intended amount of funds for the law was finally released.”

APPROVED ON OCT 3, 2013

ANY INSIGHTS, COMMENTS, REFLECTIONS, QUESTIONS?

WHAT IMAGES COME INTO YOUR MIND WHEN YOU HEAR CAVITE ?

FOCUS ON CAVITE

REGION IV-A CALABARZON

Cavite is most populated provinceFebruary 4, 2014 7:35 pm

The National Statistic Office’s (NSO) May 10, 2010, census found Cavite

as the province with the largest population with 3.09 million people.Bulacan had the second-largest population at 2.92 million and Pangasinan third with 2.78 million.In the NSO’s August 2007 census on population, Cebu recorded the biggest number of inhabitants provinces at 2.4 million, but it was overtaken over by Cavite. Cebu including Cebu City and Mandaue City has 2.62 million.

By December 2013 the population of Cavite was estimated at 3.8 million. In four to five years, the Caviteños would number five million, demographers predicted. people

6 CITIES OF THE PROVINCE OF CAVITE

1.Dasmarinas City

2.Bacoor City

3.Imus City

4.Trece Martires City

5.Cavite City

6.Tagaytay City

BAHAY KALINGA - DASMARINAS

BAHAY KALINGA - DASMARINAS

Bahay Kalinga (BK) in Dasmarinas City is the only government-run youth rehabilitation center in Cavite exclusive for CICL. It was established in 2006 and as of March 2013 has 37 CICL (33 boys, 4 girls) in its custody. 35 as of February 2015 – all males.

Dasmarinas is the only city which has assigned a social worker exclusively to serve the needs of CICL.

VISITORS OF BAHAY KALINGA-DASMARINAS

BAHAY KALINGA - DASMARINAS

BK has 16 staff working to serve the needs of 37 CICL. There is one social worker, 6 security guards from a private security agency, 4 houseparents (all female), 1 watchman, 2 administration staff, 1 nurse and 1 health provider.

DASMARINAS CITY MAYOR JENNY BARZAGA & CONG PIDI

BARZAGA

BAHAY PAG-ASA DASMARINAS

BAHAY PAG-ASA DASMARINAS

Bahay Pag-asa Dasmarinas is inside the sprawling campus of De La Salle University-Dasmarinas. It formally admitted its first set of CICL on January 2012. Currently, it has 14 CICL (all boys) under the care of 2 House Kuya (Big Brother), security guards, cook, custodian and a social worker. The facility can accommodate 60. Within the whole province, it could very well be the leader on CICL Youth Rehabilitation Center. It has plans to develop strong ties with the different local government units of Cavite.

BAHAY PAG-ASA DASMARINAS

HALFWAY HOUSE - BACOOR

HALFWAY HOUSE - BACOOR

Strike Halfway House (SHS) in Bacoor City is a 2-storey building serving the special children, foundlings, neglected and abused children, wandering elderly and CICL of the city since 2009.

As of December 2012, there are 98 residents in the Halfway House and among these are 6 CICL (5 boys, 1 girl). As of February 2015, there are 16 CICL (all boys).

HALFWAY HOUSE - BACOOR

HALFWAY HOUSE - BACOOR

There are 14 house parents in SHS, 7 men and 7 women with the men performing the role as security personnel too. One social worker is assigned in SHS though she is handling other tasks as well in the main office of the CSWD.

TEMPORARY SHELTER - IMUS

Located in the innermost section of the CSWD Office, the temporary shelter for CICL in Imus has 10 current clients (all boys). Aside from CICL, there are also other clients inside (e.g. wandering elderly folks, abused children) totaling to 20 individuals.

GOOD NEWS TO SHARE!

BAHAY KALINGA - IMUS

MAYOR EMMANUEL MALIKSI & COUNCILOR JEM YULO-GUINTO

BAHAY KALINGA - IMUS

TRECE MARTIRES CITY

Trece Martires City is the other city in Cavite which has no facility for CICL. It relies on referrals to the National Training School for Boys (NTSB) in Tanay Rizal. As of now, there are 3 CICL from Trece Martires residing in NTSB. Despite the absence of a center, the 2 social workers of Trece Martires still offer psychological and legal services to its clients.

90 KILOMETERS BETWEEN TRECE MARTIRES AND TANAY

FROM INFORMAL SETTLEMENTS

TO GOVERNMENT HOUSING

CAVITE CITY

TEMPORARY SHELTER – CAVITE CITY

The Temporary Shelter for CICL in Cavite City is inside the Center for Street Children. The social worker said that their facilities is “not enough to accommodate qualitatively the clients.” They currently have 9 CICL (5 boys and 4 girls) with 7 street children (2 are physically- disabled and 5 are sexually-exploited).

TEMPORARY SHELTER – CAVITE CITY

“Nakiki-link lang po kami sa ibang livelihood programs pag meron sila, kasi lack of budget.”

There are 7 houseparents (1 supervisor and 6 who take shifts). All are female. Medical services are availed from the government hospital. “Pag need ng gamot, nag-aabono ang staff.” (If medicine is needed, the staff would pass the hat.)

2009 CNN HERO EFREN PENAFLORIDA

TAGAYTAY CITY HAS 0% CICL!

TAGAYTAY CITY

The current absence of CICL cases in Tagaytay City is attributed by its 2 social workers to a strong network of Barangay Council for the Protection of Children. Another possible explanation is the absence of relocation sites in the city. Other social workers from the other cities mentioned that many of their CICL are from such sites.

PROVINCIAL CAPITOL – TRECE MARTIRES

SOURCE: CAVITE PNP

2013 CICL CASES FROM CAVITE1.Dasmarinas – 30

2.Cavite City – 16

3.Bacoor – 14

4.Imus – 7

5.Trece Martires – 2

6.Tagaytay – 0

TOTAL CASES FOR WHOLE CAVITE - 98

2014 Cases handled by the Philippines National Police( Source: PNP-PPO)

No. Month C ases Against Children Cases involving CICL Cases Against Women

1Jan 70 12 67

2Feb 82 8 53

3March 73 12 52

4April 58 8 42

5May 48 3 0

6June 82 2 45

7July 80 15 65

8August 70 18 57

9September 68 15 46

10October 67 13 54

11November 79 12 54

12December 79 12 38

Total 856 130 573

GRAND TOTAL 1559

CAVITE NEEDS MORE RSW.

CAVITE NEEDS MORE SW STUDENTS.

CONTINUOUS PARTNERSHIP WITH OTHER GOVERNMENT

AGENCIES

CAVITE NEEDS ITS OWN PROVINCIAL CICL CENTER

BIRD’S EYEVIEW OF SOUTHEAST

ASIA

12.6 MILLION

INDONESIA

Juvenile inmates wait to be inspected at Indonesia's Tangerang Juvenile Prison, located just outside Jakarta. The prison is considered to have the best rehabilitation program and most spacious facilities for young detainees in Indonesia. Photo: Leo Sudaryono

“According to UNICEF, around 80 percent of children over age eight who were reported to police ended up being tried, with 91 percent of them spending between three months to three years behind bars.

Today (Feb 2012), there are 5,515 child inmates in Indonesia,

85% of whom are in adult detention facilities.”

“After ratifying the UN Convention on the Rights of the Child in 1990, Indonesia adopted a special law on juvenile justice in 1997. The law provides for separate court proceedings and some additional post-adjudication stages for children in conflict with the law. But the law contains two major defects, as practitioners and scholars have pointed out.”

“FIRST, it fails to regulate the pre-adjudication process, when children may be arrested, detained, or have charges pressed against them by the police. In most cases, children – whether guilty or not – are detained in cells alongside adults, and interrogated by police who are not properly trained to deal with minors.”

TORTURE OR ILL-TREATMENT OF CICL TO EXTRACT INFORMATION IS “ROUTINE PRACTICE”… –

UN SPECIAL RAPPORTEUR ON TORTURE MANFRED NOWAK (2008)

“In most juvenile cases in Indonesia, children are not accompanied by legal counsel, let alone a trained social worker who could minimize harm during the investigation and prosecution process, as well as promote social reintegration instead of incarceration at sentencing.”

A list of juvenile detainees in the “Wisma Delima” block at Tangerang Juvenile Prison. The block has a capacity of 40, and now hosts 29 minors: a rare situation in Indonesia, where prisons operate at an average 40 percent over capacity. Photo: Leo Sudaryono

“The law’s SECOND major defect is the very low minimum age – eight years – at which children can be formally prosecuted and imprisoned.

At these very young ages, crimes tend to be minor – for instance, a recent study by the University of Indonesia’s Center for Research on Child Protection found that 53 percent of crimes committed by minors involved petty theft, defined as goods worth less than $12.

Children who are incarcerated are at a heightened risk of physical and psychosocial health concerns, in addition to risk of becoming further isolated from society. Despite this, Indonesia’s justice system continues to mandate punishment, not rehabilitation.”

“A 2002 LAW ON CHILD PROTECTION OBLIGES THE GOVERNMENT AND OTHER STATE INSTITUTIONS TO PROVIDE SPECIAL PROTECTION TO CHILDREN IN CONFLICT WITH THE LAW. HOWEVER, SINCE THE LAW DOES NOT ELABORATE ON THE TERM “SPECIAL PROTECTION,” IT HAS NOT BEEN EFFECTIVE IN BINDING LAW ENFORCEMENT AGENCIES TO USE THE LAW TO PROMOTE THE BEST INTERESTS OF CHILDREN.”

Indonesian Sandal Case Fuels Juvenile Court PushJan 07, 2012 Ezra Sihite & Ulma Haryanto

The House of Representatives is pushing for the passage of Juvenile Court legislation after controversy created by the case of the sandal-stealing teenager.

Aboe Bakar Al Habsyi, a lawmaker from the House Commission III, which oversees legal issues, said the Juvenile Court bill would prevent children from being “jailed.”

“Children with legal problems should not be thrown in jail, but instead they should be put into a correction house, like a boarding school or special dorm,” he said.

In pushing for the legislation, Aboe Bakar cited the recent case of A.A.L., a 17-year-old boy from Palu, Central Sulawesi, accused of stealing a pair of sandals worth Rp 30,000 ($3.30) from a police officer. His parents alleged the police forced a confession from the boy by beating him before his case was sent to trial.

The essence of the bill, Aboe Bakar said, is restorative justice.

But Maria Ulfa Anshor, the chairwoman of the Indonesian Commission for Child Protection (KPAI), said that to achieve a judicial system that prioritizes child’s protection, both the lawmakers and the government officials have to change their paradigms. A restorative justice approach, she said, would prioritize mediation and rehabilitation over imprisonment.

“If possible, the KPAI suggests that children’s prisons be banished. Even though children may commit crimes, they are actually the victims themselves,” she said.

The bill, she said, can avoid cases like the sandal theft, or worse, deaths caused by police abuse or adult inmates.

“With delinquents, there is no trial necessary. Police have to be able to mediate, involving the parents so they take responsibility,” Maria said. “You also have to see the reason behind the crime: is it the family, environment, or education? A kid will not spontaneously commit a crime. There has to be a cumulative process that leads him to do it.”

KPAI estimates that more than 7,000 children could be behind bars nationwide and at least 200 of them are in adult prisons.

Indonesia does not have a justice system specifically designed to deal with young delinquents. Law enforcers often take a punitive approach.

If found guilty, juveniles are to be placed in special correctional facilities for children, the law states. A lack of space at these facilities means that often does not occur, and juveniles under police investigation are detained with adult suspects.

The bill would replace the 1997 Juvenile Offenders Law and usher in a new set of regulations compliant with the UN Convention on the Rights of the Child.

In 2010, the president called for reforms in the treatment of juvenile delinquents.

www.thejakartaglobe.beritasatu.com

BRUNEI

BRUNEI DARUSSALAM: Persistent violations of children's rights

10/4/2012 | Child Rights International NetworkSummary:

The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

Low minimum age of criminal responsibilityInadequate and inappropriate juvenile justice systemCorporal punishmentIll-treatment and abuse of childrenDiscrimination against, and inadequate protection for, vulnerable groups of childrenLack of compulsory education

Low minimum age of criminal responsibility

UN Committee on the Rights of the Child (Concluding Observations, October 2003)

The Committee is concerned that the minimum age of criminal responsibility is set at 7 years, which is far too low.

The Committee recommends that the State party:

(a) Ensure that its legislation and practice concerning juvenile justice fully reflect the provisions of the Convention, in particular articles 37, 39 and 40, as well as other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System;

(b) Raise the minimum age of criminal responsibility to an age which is internationally acceptable.

Inadequate and inappropriate juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, October 2003)

The Committee is further concerned that there is no juvenile justice system although it is foreseen in law, that children are detained with adults and that whipping is used as a form of punishment for boys.

(e) Develop and implement alternative measures to deprivation of liberty, such as probation, community service or suspended sentences;

(f) Train professionals in the area of rehabilitation and social reintegration of children;

(g) Abolish the sentence of whipping for boys;

The minimum age of criminal responsibility is seven.

The Children and Young Persons Order defines a child as under 14, a juvenile as aged 7-17 and a young person as 14-17.

The Criminal Procedure Code defines a youthful offender as 8-17.

Persons under 18 at the time of trial must generally be tried by a juvenile court, except for certain offences – including those punishable by the death penalty and life imprisonment – which must be tried in the High Court.

International comparative information on the minimum age of criminal responsibility provided by UNICEF (2002)

MINIMUM AGE OF CRIMINAL RESPONSIBILITY IN ASEAN COUNTRIES

Vietnam – 16

Thailand – 7

Singapore – 7

Philippines – 9

Myanmar – 7

Malaysia – 10

Laos – 15

Indonesia – 8

Cambodia –

Brunei - 7

Global standards: UNICEF urges changes in juvenile justice rulesBy Qaiser ButtPublished: March 6, 2015

ISLAMABAD: The UN children’s fund (Unicef) is pushing for key changes in the juvenile justice systems adopted by provincial governments in Pakistan in an effort to bring them at a par with international standards.

The minimum age for criminal responsibility still stands at 7 years. Living conditions in detention centres are poor and a majority of children are under trial. No juvenile courts have been set up and there are no rehabilitation facilities available for juveniles.

THANK YOU FOR LISTENING & INTERACTING.