CHILDREN AT THE MARGINS of DEVELOPMENT Highlights of the NGO Alternative Report to the UN Committee on the Rights of the Child

UN CRC Reporting Process Government UN Committee on the Rights of the Child NGOs Children Programs Advocacy CWC NGO Coalition report report Concluding observations

Phil. NGO Coalition on the UN CRC Promote the UN CRC Monitor the implementation of the UN CRC Utilize the NGO Alternative Report and the Concluding Observations to advocate for change in policy and practice Build the capacity of the Coalition and its members

Promote the UN CRC

Monitor the implementation of the UN CRC

Utilize the NGO Alternative Report and the Concluding Observations to advocate for change in policy and practice

Build the capacity of the Coalition and its members

NGO Coalition Members Asia against Child Trafficking Childhope Asia ChildFund Philippines Consuelo Foundation ECPAT Philippines ERDA Foundation John J. Carroll Institute on Church and Social Issues Lunduyan Foundation National Council for Social Development Open Heart Foundation Plan International Salinlahi Foundation Save the Children World Vision Development Foundation Visayan Forum

Asia against Child Trafficking

Childhope Asia

ChildFund Philippines

Consuelo Foundation

ECPAT Philippines

ERDA Foundation

John J. Carroll Institute on Church and Social Issues

Lunduyan Foundation

National Council for Social Development

Open Heart Foundation

Plan International

Salinlahi Foundation

Save the Children

World Vision Development Foundation

Visayan Forum

NGO Alternative Report Process Report covers the period 2001-2007 Island-wide consultations 111 adults, 110 children 101 NGOs and children’s organisations 14 administrative regions of the Philippines Experts’ Review Civil Society Network for Education Reforms Primary Health Care Coalition

Report covers the period 2001-2007

Island-wide consultations

111 adults, 110 children

101 NGOs and children’s organisations

14 administrative regions of the Philippines

Experts’ Review

Civil Society Network for Education Reforms

Primary Health Care Coalition

General context Total population 88.57M Population of children: 36 million (41.73 %) Economic growth rate: 5.6% (2005-2006) 7.0% (2006-2007) 5.2% (2007-2008) Inflation rate between 2003 and 2006 was at 6.61% (vs. 4.42% between 2000 and 2003) Foreign debt PHP 3.798T (USD 86B)

Total population 88.57M

Population of children: 36 million (41.73 %)

Economic growth rate:

5.6% (2005-2006)

7.0% (2006-2007)

5.2% (2007-2008)

Inflation rate between 2003 and 2006 was at 6.61% (vs. 4.42% between 2000 and 2003)

Foreign debt PHP 3.798T (USD 86B)

Key factor affecting CRC compliance Economic growth did not translate to poverty reduction Certain government policies compromise children’s rights = Foreign investment = Aggressive promotion of tourism = Reliance on overseas labor migration = Priority for debt service over resource allocation for basic services

Economic growth did not translate to poverty reduction

Certain government policies compromise children’s rights

= Foreign investment

= Aggressive promotion of tourism

= Reliance on overseas labor migration

= Priority for debt service over resource allocation for basic services

Budget allocation No clear allocation for children in the national budget Decreasing budget for social services Almost half of the national budget (41% in 2009) goes to debt servicing and interest payment Government funds lost to corruption

No clear allocation for children in the national budget

Decreasing budget for social services

Almost half of the national budget (41% in 2009) goes to debt servicing and interest payment

Government funds lost to corruption

Budget allocation RECOMMENDATIONS Amend the General Appropriations Act Increase budget allocations for basic social services, specifically health and education. Stop corruption at all levels to ensure that children benefit from the resources allocated to them

RECOMMENDATIONS

Amend the General Appropriations Act

Increase budget allocations for basic social services, specifically health and education.

Stop corruption at all levels to ensure that children benefit from the resources allocated to them

Children and migration Intensified promotion of overseas employment (AO 247; 2008) An average of 4,300 OFWs leave the country daily; a n estimated 12,000 children left behind daily Separation of children from parent/s Children not adequately protected from abuse, early sexual activity and its consequences, drug abuse

Intensified promotion of overseas employment (AO 247; 2008)

An average of 4,300 OFWs leave the country daily; a n estimated 12,000 children left behind daily

Separation of children from parent/s

Children not adequately protected from abuse, early sexual activity and its consequences, drug abuse

Children and migration Mass migration of health workers - closure of 230 hospitals; ratio of nurse to patient declined (from 1:40 to 1:60) May put at risk progress in reducing infant and under 5 mortality rates May further increase maternal mortality rates

Mass migration of health workers - closure of 230 hospitals; ratio of nurse to patient declined (from 1:40 to 1:60)

May put at risk progress in reducing infant and under 5 mortality rates

May further increase maternal mortality rates

Children and migration RECOMMENDATIONS Develop policies and programs to ensure children are protected from the negative effects of migration and that they benefit from overseas remittances through access to health, education and social security. Generate jobs Improve the investment climate by addressing corruption and inefficiencies in the bureaucracy. Set policies and provide the necessary inputs to increase agricultural productivity, develop local industries and support small to medium Filipino-owned enterprises.

RECOMMENDATIONS

Develop policies and programs to ensure children are protected from the negative effects of migration and that they benefit from overseas remittances through access to health, education and social security.

Generate jobs

Improve the investment climate by addressing corruption and inefficiencies in the bureaucracy.

Set policies and provide the necessary inputs to increase agricultural productivity, develop local industries and support small to medium Filipino-owned enterprises.

Legal framework for children’s rights Bills pending in Congress: Corporal punishment Child pornography Increasing the age of determining statutory rape Foster Care

Bills pending in Congress:

Corporal punishment

Child pornography

Increasing the age of determining statutory rape

Foster Care

Legal framework for children’s rights RECOMMENDATIONS Prioritize and enact these bills for children Once enacted, ensure that sufficient resources are allocated for their full implementation.

RECOMMENDATIONS

Prioritize and enact these bills for children

Once enacted, ensure that sufficient resources are allocated for their full implementation.

Adolescent reproductive health Increasing number of adolescents are becoming sexually active Very little information and services on sexual and reproductive health and rights for adolescents Bill on national Reproductive Health and Population Development is still pending in Congress

Increasing number of adolescents are becoming sexually active

Very little information and services on sexual and reproductive health and rights for adolescents

Bill on national Reproductive Health and Population Development is still pending in Congress

Adolescent reproductive health RECOMMENDATIONS Pass the RH bill immediately Once enacted, ensure that relevant provisions on ARH will be adequately resourced and fully implemented

RECOMMENDATIONS

Pass the RH bill immediately

Once enacted, ensure that relevant provisions on ARH will be adequately resourced and fully implemented

Summary execution of children Eight to ten people are being killed every month One out of 10 people summarily executed is a child aged 12- below 18

Eight to ten people are being killed every month

One out of 10 people summarily executed is a child aged 12- below 18

Summary execution of children RECOMMENDATIONS Philippine Commission on Human Rights: Release the findings of its investigation in Davao City and recommend actions to stop summary killings Facilitate the administration of justice and indemnification of the victims and their families Continuously document and monitor areas where summary killings happen

RECOMMENDATIONS

Philippine Commission on Human Rights:

Release the findings of its investigation in Davao City and recommend actions to stop summary killings

Facilitate the administration of justice and indemnification of the victims and their families

Continuously document and monitor areas where summary killings happen

Summary execution of children RECOMMENDATIONS Department of Justice - ensure the protection of witnesses and allocate adequate resources to facilitate access to justice Department of Interior and Local Government - file appropriate criminal and administrative cases against government officials directly involved and who perpetuate the summary killings Department of Social Welfare and Development - mobilize adequate support services for the families of the victims of summary executions

RECOMMENDATIONS

Department of Justice - ensure the protection of witnesses and allocate adequate resources to facilitate access to justice

Department of Interior and Local Government - file appropriate criminal and administrative cases against government officials directly involved and who perpetuate the summary killings

Department of Social Welfare and Development - mobilize adequate support services for the families of the victims of summary executions

Juvenile justice A positive outcome – Juvenile Justice Welfare Act (RA 9344) Gaps in implementation Lack of awareness and understanding Lack of political will to implement the law Lack of skills to implement programs for children in conflict with the law (CICL) Lack of data on the profile of CICL No concrete programs on rehabilitation and prevention (non-functional local councils for the protection of children [LCPCs]) Moves in Congress to amend the law (reduce the minimum age of criminal responsibility)

A positive outcome – Juvenile Justice Welfare Act (RA 9344)

Gaps in implementation

Lack of awareness and understanding

Lack of political will to implement the law

Lack of skills to implement programs for children in conflict with the law (CICL)

Lack of data on the profile of CICL

No concrete programs on rehabilitation and prevention (non-functional local councils for the protection of children [LCPCs])

Moves in Congress to amend the law (reduce the minimum age of criminal responsibility)

Juvenile justice RECOMMENDATIONS Fully implement the Juvenile Justice Welfare Act Strengthen capacity building efforts to train stakeholders to prevent juvenile delinquency and manage, divert and rehabilitate children who have offended. Widely disseminate the law Do not support proposed amendments to lower the minimum age of criminal responsibility

RECOMMENDATIONS

Fully implement the Juvenile Justice Welfare Act

Strengthen capacity building efforts to train stakeholders to prevent juvenile delinquency and manage, divert and rehabilitate children who have offended.

Widely disseminate the law

Do not support proposed amendments to lower the minimum age of criminal responsibility

Children in armed conflict 66 children killed in conflict-related incidents 50 cases of children tortured and 55 children arrested and detained on suspicion of their association with the NPA In 2008 alone, 250,000 children were displaced in Surigao del Sur and Maguindanao

66 children killed in conflict-related incidents

50 cases of children tortured and 55 children arrested and detained on suspicion of their association with the NPA

In 2008 alone, 250,000 children were displaced in Surigao del Sur and Maguindanao

Children in armed conflict RECOMMENDATIONS Stop counter-insurgency military operations Prosecute identified perpetrators of grave human rights violations against children Facilitate children’s access to justice and provide child-survivors with the appropriate services for recovery and reintegration Pass an enabling law that prohibits torture Enact an enabling law to support the Optional Protocol on Children in Armed Conflict Continue peace efforts and address underlying causes of insurgencies

RECOMMENDATIONS

Stop counter-insurgency military operations

Prosecute identified perpetrators of grave human rights violations against children

Facilitate children’s access to justice and provide child-survivors with the appropriate services for recovery and reintegration

Pass an enabling law that prohibits torture

Enact an enabling law to support the Optional Protocol on Children in Armed Conflict

Continue peace efforts and address underlying causes of insurgencies

Children in situations of disaster There are no disaggregated data on children affected by natural disasters Programs that respond to disasters do not always respond to children’s concerns

There are no disaggregated data on children affected by natural disasters

Programs that respond to disasters do not always respond to children’s concerns

Children in situations of disaster RECOMMENDATION LGUs should develop community-based disaster risk reduction plans that are sensitive to the concerns of children and consider children’s perspectives

RECOMMENDATION

LGUs should develop community-based disaster risk reduction plans that are sensitive to the concerns of children and consider children’s perspectives

Street children Rounding up of children (Pasay, Caloocan, Manila, QC) by MMDA, City Social Welfare and Development Offices (Street Dwellers Care Program, curfew ordinances) Confiscation of money and possessions Forcibly placed in institutions Detained

Rounding up of children (Pasay, Caloocan, Manila, QC) by MMDA, City Social Welfare and Development Offices (Street Dwellers Care Program, curfew ordinances)

Confiscation of money and possessions

Forcibly placed in institutions

Detained

Street children RECOMMENDATIONS MMDA, CSWDO, DSWD: Stop rounding up children LGUs and DILG: repeal policies, ordinances and guidelines that violate children’s rights LGUs: Establish and strengthen the Barangay Councils for the Protection of Children Collaborate with NGOs in responding to the needs of street children and their families

RECOMMENDATIONS

MMDA, CSWDO, DSWD: Stop rounding up children

LGUs and DILG: repeal policies, ordinances and guidelines that violate children’s rights

LGUs:

Establish and strengthen the Barangay Councils for the Protection of Children

Collaborate with NGOs in responding to the needs of street children and their families

Child participation in governance Weak performance of the Sangguniang Kabataan Low understanding about SK and its role Lack of support from the Barangay Council Lack of understanding of children’s right to participation

Weak performance of the Sangguniang Kabataan

Low understanding about SK and its role

Lack of support from the Barangay Council

Lack of understanding of children’s right to participation

Child participation in governance RECOMMENDATIONS Strengthen SK partnerships with children and young people’s organizations and establish partnerships with supportive adult organizations Establish standard programmatic system for the monitoring, supervision and technical support to SK

RECOMMENDATIONS

Strengthen SK partnerships with children and young people’s organizations and establish partnerships with supportive adult organizations

Establish standard programmatic system for the monitoring, supervision and technical support to SK

Conclusion Philippines has a relatively advanced legal framework for the protection and promotion of children’s rights but there is still inadequate protection there is a glaring gap in implementation Policies that seek to increase economic growth put children at risk Lack of resources for children reflects lack of government commitment There is a need to strengthen understanding of children’s rights

Philippines has a relatively advanced legal framework for the protection and promotion of children’s rights but

there is still inadequate protection

there is a glaring gap in implementation

Policies that seek to increase economic growth put children at risk

Lack of resources for children reflects lack of government commitment

There is a need to strengthen understanding of children’s rights

Put children at the center of development Children’s best interest should be considered in all matters of public policy. More resources should be allocated for the realization of children’s rights and needs Strengthen the social protection system, esp. the education and health care sectors

Children’s best interest should be considered in all matters of public policy.

More resources should be allocated for the realization of children’s rights and needs

Strengthen the social protection system, esp. the education and health care sectors