5. CHILDREN IN CONFLICT
WITH THE LAW: FOCUS ON
CAVITE & BIRD’S EYEVIEW
ON SOUTHEAST ASIA
Victor Immanuel Cuarto, RSW, MSW
NASWEI/JSWAP Region 4 Chapter Convention
Sacred Heart College-Lucena
March 7, 2015
6. OUTLINE
A. REVIEW OF RA 9344 & RA 10630
B. FOCUS ON CAVITE
C. BIRD’S EYEVIEW ON SEA
D. SOME THOUGHTS
7. LET US FIRST REVIEW
WHAT LED TO
RA 9344 IN 2006 &
RA 10630 IN 2013.
8. 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
10. 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
20. 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.”
21. 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.”
34. Cavite is most populated province
February 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
35.
36.
37.
38. 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
40. 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.
42. 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.
45. 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.
48. 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).
50. 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.
51. 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.
56. 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.
61. 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).
62. 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.)
65. 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.
81. 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
82. “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.”
83. “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.”
84. “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.”
85. TORTURE OR ILL-TREATMENT OF
CICL TO EXTRACT INFORMATION
IS “ROUTINE PRACTICE”… –
UN SPECIAL RAPPORTEUR ON TORTURE
MANFRED NOWAK (2008)
86. “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.”
87. 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
88. “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.”
89. “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.”
90. Indonesian Sandal Case Fuels Juvenile Court Push
Jan 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.
91. 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.
92. 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
94. BRUNEI DARUSSALAM: Persistent violations of
children's rights
10/4/2012 | Child Rights International Network
Summary:
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 responsibility
Inadequate and inappropriate juvenile justice system
Corporal punishment
Ill-treatment and abuse of children
Discrimination against, and inadequate protection for, vulnerable groups of
children
Lack of compulsory education
95. 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.
96. 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;
97. 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.
98. 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
99. Global standards: UNICEF urges changes in
juvenile justice rules
By 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.
