CHILDREN AT THE MARGINS CHILDREN AT THE MARGINS of DEVELOPMENTof DEVELOPMENT

HighlightsHighlights of the NGO Alternative Report of the NGO Alternative Report to the UN Committee on the Rights of the Childto the UN Committee on the Rights of the Child

UN CRC Reporting Process

Government

UN Committee on the

Rights of the Child

NGOs Children

CWC NGO Coalition

report report

Concluding

observations

Programs

Advocacy

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

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

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

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)

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

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

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

Children and migration

• Intensified promotion of overseas employment (AO 247; 2008)

• An average of 4,300 OFWs leave the country daily; an 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

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.

Legal framework for children’s rights

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.

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

Adolescent reproductive health

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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