strategy paper for comval- final

8/2/2019 Strategy Paper for Comval- Final

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A Strategy Paper to Enhance theDraft Code for the Welfare of

Children in Comval

Davao Region


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Presentation Outline

1.Questions to be answered by the StrategyPaper

2.Quality Checklist for LCC: A Review Tool

2.1 What is a Quality Checklist2.2 Why the Quality Checklist

3. Methodologies4. Findings

5. Conclusion and Areas for Improvement


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Questions to be explored

1. Are key contents of the Code responsive to the needs ofchildren based on the situation analysis (SITAN)?

2. Does the Code contain provisions complying with theelements of a good LCC as spelled out in the QualityChecklist .


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What is a Quality Checklist?

The Checklist is a governance tool that facilitates theimplementation of the UN Convention on the Rights of the Child(CRC) and the realization of the Child 21 vision of the Filipinochildren (UNICEF Checklist 2006:1).

The checklist serves as a guide to LGUs, particularly theSanggunian, for the formulation, enactment, implementation, andmonitoring of quality Local Code on Children. It covers three stages:(1) the situation analysis and pre-filing of the bill, (2) the legislative

and enactment process (including the preparation of the IRR),(3) implementation, monitoring and evaluation, and review of theCode.


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Why the checklist?

1. Local governments are extensions of the national government which isa state party to the CRC and are, therefore, key duty bearers of therights of the child.

2. As such, local government units (LGUs) need to provide an enabling

environment for their fulfillment of their CRC obligations.

3. A Local Code on Children (LCC) localizes national CRC commitmentsand provides an enabling local policy environment for the child-friendlymovement (CFM)

4. Promoting quality LCC is a way of ensuring that the best interest ofchildren are served through good local governance

Source: UNICEF Checklist


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Methodologies

1. Situation Analysis (SITAN) Review to asses whether the

interventions stipulated in the LCC have been respondingto the SITAN.-A copy of the local development plan was secured as basis forassessing the SITAN vis--vis the provisions of the Code.

2. Interview of Informants-Board Member Kristine Caballero, Committee Chairpersonon Women, Children and Family of the SP and theprincipal author of the code

-Ms. Lucila Damolo from the PPDO whose office spearheaded theformulation of situation analysis for children-Ms. Josephine Frasco of the PSWDO whose office serves as the

secretariat of the PC PC


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FINDINGS

Are key contents of Comvas Code responsive to theneeds of children based on the situation analysis

(SITAN)?

1. Having had a quick look at the draft Code, one couldnot get the answer to the question since the draft Codedoes not yet have the Preamble which should containsituationers of the local child. The Preamble will bedrafted as soon as the Sangguniang Panlalawiganadopts the Code.


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FINDINGS

2. The Province has an available situationer on children in

a separate document called the Local DevelopmentPlan for Children (LDPC).

Comparing the situationer with the provisions of the

Code reveals that the Code responds to almost allissues on children identified in the SITAN but has noprovision that specifically respond to Children inConflict with the Law (CICL) and Exploited and

Neglected Children.


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FINDINGS

1.CONTEXT. The drafting process began with identifying

issues affecting children through the conduct of acomprehensive and rights-based situation analysis(SITAN) of children covering the 4 broad categories ofrights.

The formulation of SITAN was led by the ProvincialTechnical Working Group (PTWG) drawing on broaderparticipation among planning, social welfare, health,LCPC, DepEd, DILG, and other members of the civil

society organizations.

Does the Code contain provisions complying withthe elements of a good LCC as spelled out in theQuality Checklist?


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FINDINGS

Alongside the preparation of SITAN was an inventory of existingordinances/resolutions passed by the province for children as wellas local childrens codes of BOHOL, DAVAO CITY, and GEN.

SANTOS as samples. The inventory was generally spearheadedby Board Member Kristine Caballero, Chair on Children, Women,and Family of the Sangguniang Panlalawgan (SP), who has hadan appropriate knowledge on CRC, CEDAW, Child 21, and othernational policies on children.

Score: maximum score for context: 20; actualscore: 18).


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FINDINGS

2. PROCESS: PARTICIPATION. A scan of sample Codes inthe Training Manual for Crafting Childrens Welfare Codes of the

Regional Sub-Committee for the Welfare of Children (RSCWC) XIand of national laws for children led to the identification ofappropriate policy, program, and activity options that formed as

essential part of the Code.

After the options had been considered, the Committee Chair onChildren, Women, and Family of the SP drafted the Code. Nextpart of the process was the holding of Consultations to seek theviewpoints of those who will implement the Code (stakeholders)and be affected by the legislation (claim holders like children).

Score: maximum score for process: 15; actualscore: 15).


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FINDINGS

2. CONTENT

-The Code referred to the CRC which is specificallyspelled out in the Declaration of Policies andPrinciples as framework.

-The Code is comprehensive in addressing the survivaland development rights of children. However, it needsto respond to local issues on children which came out

in the SITAN by providing provisions for diversion andother community programs for CICL.


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FINDINGS

-The Code follows a program-based approach since allprogram options are enumerated under the programsfor children. However, since the Code adheres torights of children, it should adopt a rights-based

approach by organizing the provisions according to therights of children.

For example, all program and policy options related tothe survival rights should be classified under thesurvival right category.


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FINDINGS

-The province should be commended forinstitutionalizing the participation of the youth sector inthe development process by establishing the ProvincialYouth Council, which subsumes the SangguniangKabataan and pursues pro-active programs for out-of-school-youth.

-The Code lacks provisions on incentives to the publicto adopt child-friendly behavior (e.g., for private

enterprises to avoid child labor, or for internet providersto block sources of child pornography).

-Score: maximum score for content: 30; actual

score: 20).


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FINDINGS

4. BUDGET. The Code has a separate section onfunding through Section 45 which mandates for theappropriation of at least ___% from the annual budgetof the local government for the implementation ofchildrens program.

Score: maximum score for budget:15; actualscore:15)


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FINDINGS

5. RESULTS, OVERSIGHT & ACCOUNTABILITY

-The Code has provision that spells out the functions oflocal bodies such as Local Council for the Protection ofChildren (LCPC), Women and Childrens Concerns

Desk of the Philippine National Police (WCCD-PNP),Civil Society Organizations (CSO) and parents.

However, other local bodies like Local Health and

School Boards are not identified by the Code as majorduty bearers.


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FINDINGS

-The Code has provision mandating the PCPC tomonitor the compliance and evaluate the Code, but thecode does not have a provision for the periodic reviewand assessment, so it can incorporate recent nationallaws and address emerging issues like HIV-AIDS andstreet children.

-The province has to be commended for not failing tocommit to render a Local State of the Children Report.

Score: maximum score: 20; actual score: 11.6).


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Conclusion

-Overall, the Code for Childrens Welfare of Comval got a total score of

80.6%.

-The summation of the rating is as follows:

Element Max Score Earned Score

A. Content: Situation Analysis 20 18

B. Process: Participation 15 15

C. Content 30 20

D. Budget review and funding 15 15

E-F. Results, oversight & accountability 20 11.6Overall Total 100 80.6%

Adjectival Rating Good


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Areas for Improvement

1. Cross-check the SITAN in the Local Development Planfor Children, so the code can come up with provisionsthat respond to current situation of children

R.A 9344 otherwise known as Establishing AComprehensive Juvenile Justice and Welfare System canserve as guide in coming up with programs andlegislations for CICL to be incorporated in the Code.


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2. Update the SITAN to:-incorporate the local situation of the child in thePreamble, so users can easily cross-check the provisions

of the Code with the SITAN by looking at the Code

-strengthen the participation and protection rights ofchildren by coming up with proactive interventions suchas provisions for HIV-AIDS and Street Children


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3. Craft a clear action agenda and timeframe to completethe IRR and incorporate in the Code.

The action agenda should create a drafting committee

identifying a lead secretariat (e.g., Pasay designated thePSWDO), and a technical working team. Action pointsshould include consultation and validation activities,especially with the sectors who have been involved in the

drafting and implementation of the LDPC (Section 2.3Progress Review on Four Gifts: 2003).


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4. Make the Code into rights-based rather than program-based. Organizing intervention frameworks into child

rights and/or life-cycle approach will ensure a morecomprehensive legislative framework (Progress Review

on Four Gifts 2003:8).

5. Add the provision which calls for a regular review theCode to the function of the PCPC so that the code can be

amended to incorporate recent national laws andadequately address emerging needs and concerns ofchildren.


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6. Incorporate the roles and functions of the following localbodies (such as, PCPC/ECCD Coordinating Committee,Local Health Board and Local School Board) in the Codeunder the Implementation Mechanism.


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strategy paper for comval- final

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