Training of Trainers Workshop

12-17 November 2005

Contents

1. Context

1. The Training

2. Objectives

2. Observations

5. Conclusions

5. Next Steps

6. Schedule Training of Trainers

7. Session on International Humanitarian Law (IHL) (also

known as the Law of Armed Conflict (LOAC)).

Prepared by the International Committee of the Red Cross

9. Session on Human Rights.

Prepared by the Institute of Bangsamoro Studies

11. Session on the Anti-Personnel Landmine Ban.

Prepared by Geneva Call

14. Session on Child Protection in Armed Conflict.

Prepared by the Philippine Coalition to Stop

the Use of Child Soldiers

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Context

The Moro Islamic Liberation Front (MILF) is a liberation movement formed in 1977 that has fought for a Bangsamoro independent state in the southern Philippines comprising parts of Mindanao Is-land, Palawan, Basilan, the Sulu archipelago and neighbouring islands. It is the largest, and perhaps most significant, of the armed non-State actors (NSAs) operating in the Philippines today. Cur-rently, it has a ceasefire with the Government of the Republic of the Philippines while ongoing talks are pursued to bring an end to the Mindanao conflict. The MILF and its armed wing, the Bangsamoro Islamic Armed Forces (BIAF), was one of the first groups to sign the “Deed of Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action” in March 2000. It reaffirmed its commitment in April 2002 following a field verification mission conducted by Geneva Call. Geneva Call has been working with the MILF to improve the implementation of the Deed of Commitment and the group’s understanding of and respect for humanitarian standards.

The Training

At the request of the MILF’s leadership, Geneva Call organised a week-long international humani-tarian law (IHL) and human rights training of trainers for 65 of the group’s military and political of-ficers from 12 to 17 November 2005. Working closely with a local human rights organisation - the Institute of Bangsamoro Studies (IBS) - Geneva Call brought together a group of trainers that in-cluded representatives of the International Committee of the Red Cross (ICRC) and the Philippine Coalition to Stop the Use of Child Soldiers (PCSUCS). The topics covered in each one of the ses-sions included IHL, human rights, child protection in armed conflict and the ban on anti-personnel landmines. During the session facilitated by the ICRC, members of the Philippine National Red Cross (PNRC)were invited to provide the participants with basic first aid training. The organisation of a training of trainers represented a concrete example of how Geneva Call supports armed non-State actors (NSAs) in implementing their commitment to ban anti-personnel mines. As parties to an armed conflict, NSAs have obligations under IHL. NSAs also need to be aware and respectful of international human rights standards. It is therefore important to ensure that humanitar-ian and human rights norms are explained and disseminated to armed groups. The training of train-ers carried out with the MILF was not just about imparting knowledge; it was also about passing on skills that would enable participants to train others. As such, the technical training and support pro-vided during the various sessions reinforced the MILF’s capacity to train its own personnel.

The training was also significant in the context of the ongoing peace process between the MILF and the Government of the Republic of the Philippines (GRP). This was highlighted in statements made during the training’s closing ceremony by, namely, Brigadier General Ramon Santos, Chairman of the GRP’s Coordination Committee for the Cessation of Hostilities (CCCH), Mr. Von al-Haq, Chairman of the MILF’s CCCH, and Major General Dato Pahlawan Soheimi Bin Abbas, Head of Mission for the International Monitoring Team (IMT). Each one of these honourable guests empha-sized how respect for human rights and IHL was key to the ongoing peace process and how such trainings contribute to the development of the future leaders of Mindanao.

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Objectives

The training of trainers aimed at improving the MILF/BIAF’s implementation of and overall respect for humanitarian and human rights norms. It was decided that a training of trainers was the most useful method of dissemination. Participants were therefore chosen in light of their rank and their ability to train others, whether members of the participants’ community or armed unit, in the vari-ous topics covered during the sessions. The benefit of encouraging MILF/BIAF members to learn how to teach others was that the principles could be appropriated by the group rather than being seen as imposed by the outside. This would be more conducive to their acceptance. Another objective pursued by the training was the incorporation of IHL and human rights standards within the MILF/BIAF structure. Beyond ensuring the wide dissemination of the principles, the training sought to ensure that these would also be included in the group’s own training programmes, reflected in any orders issued by the leadership, and adopted into the group’s code of conduct and disciplinary measures

Observations

Organisation The organisation of the training was a collective effort of Geneva Call, the Institute of Bangsamoro Studies, the International Committee of the Red Cross (ICRC) and the Philippine Coalition to Stop the Use of Child Soldiers (PCSUCS). Geneva Call coordinated the training. All parties were con-sulted at each stage of the conceptualisation and development of the training programme, which en-sured that all perspectives were taken into consideration and any concerns addressed. Decisions were taken collectively, with the agreement of all parties concerned. Most of the communication leading up to the workshop was conducted by email or phone. There were also several meetings held prior to the actual training by various members of the organisational team, the results of which were communicated to those not present. Overall, the collaboration between the coordinating or-ganisations and the MILF was excellent both in preparation for and during the workshop. The training received the highest level of support from the MILF. This conveyed the MILF’s com-mitment to IHL and to human rights norms to both the participants and the organisers. The Chair-man of the MILF, Mr. Al Haj Murad Ebrahim, was involved directly in the development and conceptualisation of the workshop. Mr. Muhammad Ameen, Secretary of the MILF’s Central Committee, was delegated to oversee the implementation of the event on behalf of the MILF. While Mr. Ameen made the opening statement on behalf of the MILF at the start of the training, Mr. Ghazali Jaafar, MILF Vice-Chairman for Political Affairs, made the closing statement at the end of the event. Political and Security Considerations From the onset of the conceptualisation process, Geneva Call informed the Office of the Presiden-tial Adviser to the Peace Process (OPAPP) of the event, timeframe, organisations involved, reasons and objectives of the training. OPAPP responded by giving its full support to the training both ver-bally and by email. The political support of the government was key to the success of the workshop. It also helped to tie concretely the workshop into the overall peace process. This link was clearly portrayed in the speeches of the Chairman of the GRP CCCH´s and that of the Head of Mission of the IMT during the closing ceremony.

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The ICRC advised the General Headquarters of the Armed Forces of the Philippines of the activity for the purposes of obtaining security guarantees. The ICRC also ensured that the IMT was in-formed. The ICRC also ensured that the IMT was informed. Logistics All logistical arrangements were made by the Institute of Bangsamoro Studies in coordination with the MILF. It was decided early on that the training would be held in Camp Darapanan in Sultan Kudarat in Maguindanao, which is approximately 20 minutes by car from Cotabato City in Min-danao. The participants' travel and accommodation in the camp was arranged by the MILF. The trainers stayed in Cotabato City and commuted to and from the camp on a daily basis. The training site included three rooms, which were designated as classrooms, with a common cov-ered area outside which acted as both cafeteria and the location of the opening and closing cere-mony. Additional space outside was used for the practical aspect of the session on IHL. The space was quite adequate and functioned well for the training as a whole. The only drawback was the fluc-tuation in electricity, which proved challenging on the first day of the training. A generator was procured by mid-day thanks to the ICRC and PNRC. For a future event, it would be recommended to have a backup system already in place for such eventualities. Participants Sixty-five participants were carefully selected by the leadership on the basis of their rank, their Eng-lish language skills and their ability to take what they would learn back to their respective commu-nities. Participants considered their selection as an honour. Participants included military commanders, intelligence officers, political officers and reservists. They were divided up into groups according to their language and cultural background: Tao-sug, Maguindanao and Maranao. It was evident that they were all well versed in their responsibilities by the MILF’s leadership, i.e. that they were responsible for learning as much as they could and were expected to pass the infor-mation on to others. All of them showed a keen interest to learn, enthusiasm for the subjects and a commitment to pass the information on to their constituencies. Perhaps for security reasons, the MILF did not provide the organisers with detailed information about the position and rank of the participants prior to the workshop. This made it all the more chal-lenging for the trainers to adequately tailor the sessions to the needs of the participants. There was also a broad spectrum of MILF members present, which made it difficult to cater the sessions to the background of each participant. As a matter of cultural sensitivity on gender mixing, women did not participate in the sessions. Prior to the start of the training, this was recognised as an oversight by both the organisers and the leadership of the MILF. Plans are already underway to conduct a second training for the women of the MILF who are organised into three corps: the women’s auxiliary force, the medical corps and the social-welfare corps. Sessions The training was broken down into four sessions that corresponded to the four topics covered. Each group of participants received two days of training in IHL, two days of training in international hu-man rights law, one half-day of training on the anti-personnel landmine ban and a one half-day of

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training on the issue of child protection in armed conflict. The agenda is included at the annex along with a report from each of the sessions prepared by the responsible partner organisation. Each partner organisation was fully responsible for the design and teaching of its own session but it was agreed ahead of time by all that the participants should be given skills and materials that would aid them in disseminating their knowledge to others. It proved useful to conduct the trainings in IHL and human rights during the same workshop, as each session contextualised and reinforced the others as well as targeted the same participants. However, though there were some practical reasons for conducting the three sessions simultane-ously, there were also some drawbacks. Perhaps the most obvious drawback was that each group had at least one morning off. It was a strike against the organisers that they did not plan to have a related activity to occupy the groups during this “free” time. Another drawback, perhaps to a lesser extent, was that while some groups were able to attend the general sessions on IHL and human rights before the more specific sessions on the anti-personnel landmine ban and on child protection in armed conflict, this was only true for two groups. Ideally, the trainings should have taken place in such a manner as to ensure a progression from the general to specific. As the topics discussed are all interrelated, more feedback and coordination amongst organizers and trainers with regard to the planning and design of pedagogy would have improved the sessions. The session on child protection, for example, is hinged on both HR and IHL frameworks. A brief dis-cussion on how child protection is related to HR and IHL could have been given in order to segue the discussions to the other sessions. The HR session for example could have also given a back-grounder on the Convention on the Rights of the Child (CRC). This would have help the partici-pants understand better the connections between the topics, and on the part of the trainers, an understanding that everybody is working as a team towards a common objective. Opening and Closing Ceremonies The opening and closing ceremonies were an important aspect of the training. Not only was the formality appreciated by the participants, but these two events also helped to provide a larger per-spective on the importance of the trainings. In addition, the closing ceremony constituted an excel-lent opportunity to inform key actors of what transpired during the trainings and what was learnt by the participants. In the opening ceremony, Mr. Ameen and each of the organisers made a brief statement speaking of their expectations for the days ahead. Ms. Bai Fatima Palileo Sinsuat of the Philippine National Red Cross was present, adding her words of encouragement and speaking of the importance of the train-ing for the society at large. This was followed by an activity, led by the ICRC, to put together the expectations of the participants for the training. The closing ceremony was the more formal of the two. It was decided that a representative from each of the groups of participants would make a statement and that each of the organisers would then address the assembled participants and guests. Statements were followed by messages from Mr. Von al-Haq, Chairman of the MILF´s CCCH, Brigadier General Ramon Santos, Chairman of the GRP´s CCCH, and Major General Dato Pahlawan Soheimi Bin Abbas, Head of Mission of the IMT. The closing speech was given by the Vice Chairman of the MILF, Ghazali Jaafar.

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Conclusions

The training was a significant step in improving the MILF/BIAF’s implementation of and overall respect for humanitarian and human rights norms. The necessary knowledge of these norms was imparted to the participants along with the skills and confidence needed to pass the information on to other members of the MILF. The training was well received and appreciated by the participants and the MILF leadership. It is expected that the MILF will employ these new trainers to spread the message to the other members of the organisation. The organisers are prepared to assist in this process as needed with the MILF leadership on an individual or collective basis to help facilitate the further dissemination of the norms to the MILF’s membership. It is of course impossible at this stage to evaluate the longer-term effects of this training. Will the trainers MILF incorporate elements of the training into its doctrine? Should the MILF be again in-volved in conflict, will respect for the four elements of the course occur? These are aspects that the partner organisations will need to follow up on in the future to truly evaluate the long-term respect of the training.

Next Steps

At the conclusion of the training, it was decided that each of the organisers would continue to work with the MILF on a separate basis in order to provide whatever follow up support was needed. However, discussions between the organisers and the MILF have begun to carry out one more col-lective training, this time for the women of the MILF and one for their youth members.

Photo Credit: IMT 2005 From left to right: Cristina Lomoljo, Philippine Coalition to Stop the Use of Children as Soldiers; Katherine Kramer, Geneva Call; Ghazali Jaafar, Vice Chairman of the MILF; Jean-Luc Joliat, ICRC; Brigadier General Ramon San-tos, Chairman of the GRP´s CCCH; Major General Dato Pahlawan Soheimi Bin Abbas, Head of Mission of the IMT.

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Schedule Training of Trainers

Time Sat., 12 Nov. Sun., 13 Nov.Mon., 14

Nov. Tue., 15 Nov.

Wed., 16 Nov.

Thu., 17 Nov.

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

8:30 - 10:30

Opening Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

10:30 - 11:00

Coffee break Coffee break Coffee break Coffee break Coffee break Coffee break

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

11:00 - 12:00

Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

12:00 - 13:00

LUNCH LUNCH LUNCH LUNCH LUNCH LUNCH

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

13:00 - 15:00

Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

15:00 - 15:30

Coffee break/prayer time

Coffee break/prayer time

Coffee break/prayer time

Coffee break/prayer time

Coffee break/prayer time

Coffee break/prayer time

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

Maguindanao group

15:30 - 17:00

Maranao group

Maranao group

Maranao group

Maranao group

Maranao group

Closing

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

Tao-sug group

IHL HRL AP Mine Ban

Child Protection

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Session on International Humanitarian Law (IHL) (also

known as the Law of Armed Conflict (LOAC))

Prepared by the International Committee of the Red Cross

The International Committee of the Red Cross (ICRC) conducted a 16-hour (two-day) basic IHL awareness dissemination session, which included theoretical and practical components, including Basic First Aid instruction provided by the Cotabato Chapter of the Philippines National Red Cross (PNRC). The dissemination / training provided by the ICRC falls within the scope of ongoing activities of the ICRC in the Philippines, alongside similar dissemination sessions organized for military armed forces, civilian authorities, other non-state actors, academic audiences and local communities. ICRC's approach to the dissemination of IHL is preventive, and is premised on the need to promote the continued respect and adherence to humanitarian norms and law by all those involved in armed conflict situations. In this respect, the internationally-recognized mandate of the ICRC and the protection and assis-tance activities carried out by the ICRC in the Philippines provided the foundation on which theses norms, rules, obligations and responsibilities associated with IHL were explored with the MILF. A particular area of focus was the protection of the civilian population. To this must be added the imperative for all civilian and armed groups to understand and accept neutral, impartial and independent humanitarian action, as this is likely to have a positive impact on the ongoing security of ICRC and PNRC personnel as well as other humanitarian actors active in conflict-prone areas. ICRC facilitators participating in the 12-17 November event included those with a specialist back-ground appropriate to the specific task of disseminating to armed and security forces and other weapons bearers. The overriding ICRC objective was to create sufficient awareness of the need to integrate IHL into action, training and procedures. To accomplish this, sufficient knowledge has to be first provided in relation to IHL principles, restrictions governing the use and application of force, behaviour in ac-tion and both individual and command responsibility. The legal provisions governing the protection of civilians in non-international armed conflict situations were those emphasized. ICRC distributed a number of relevant publications relating to both the Fundamental Principles guiding the International Red Cross and Red Crescent Movement, the Four Geneva Conventions of 1949 and their two Additional Protocols of 1977, and the basic rules for behaviour in combat that are applicable to armed groups. The distribution of "Islam and International Law", by Sheikh Ku-man Sinha, of the University of Damascus and published in the June 2005 edition of the Interna-tional Review of the Red Cross was much appreciated, as it reinforced the fact that the values laid down in contemporary IHL and the restrictions imposed upon warfare by Islamic codes of conduct and law are complimentary. The practical component of the ICRC training included a demonstration on the limitations and pro-hibitions related to various mines and other weapons, and role-playing designed around the need to avoid situations which put at risk life of prisoners, be they armed fighters or unarmed civilians. The

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Basic First Aid training conducted by instructors and volunteers from the PNRC involved both theoretical and practical sessions, simulating war-wounds, basic triage and life-saving care.

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Session on Human Rights

Prepared by the Institute of Bangsamoro Studies

The topics covered under human rights were: 1. Introduction to human rights Human rights are universal legal guarantees protecting individuals and groups against actions by Governments that interfere with fundamental freedoms and human dignity. Human rights law obliges Governments to do some things and prevents them from doing others. The participants were asked to name examples of human rights that they know. Characteristics of human rights; international sources of human rights norms and standards; who makes the rules; and who monitors human rights at the national, regional and international levels were also discussed. 2. Civil and political rights The civil and political rights of persons under the Universal Declaration of Human Rights, the In-ternational Covenant on Civil and Political Rights, Optional Protocol to the International Covenant on Civil and Political Rights, and Second Optional Protocol to the International Covenant on Civil and Political Rights were explained to the participants. 3. Economic, social and cultural rights The rights of the person under the International Covenant on Economic, Social and Cultural Rights, as well as those in the Universal Declaration of Human Rights, were the subject of discussion with the participants. 4. Rights of minority and indigenous peoples The discussions started with defining the term minority and proceeded on the promotion and protec-tion of the rights of persons belonging to minority, and implementation of special rights of minori-ties. The promotion and protection of minority rights includes prohibition of discrimination that affects minorities in a negative manner, which can be found in the UN charter and various international human rights instruments; and implementation of special rights granted to make it possible for mi-norities to preserve their identity, characteristics and tradition as spelled out in Article 27 of the In-ternational Covenant on Civil, and Political Rights and Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.

The discussions on rights of indigenous peoples were centred on ILO convention No. 169 (1989). Reference to the draft UN Declaration on the Rights of Indigenous Peoples were also made. 5. Rights of refugees The provisions on the rights of refugees as provided in the Convention Relating to the Status of Refugees were explained.

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Other issues clarified were: Rights of asylum seekers who fail to qualify as refugee; the difference between refugees and economic migrants; the link between violations of human rights and move-ments of refugees; and the relationship between repatriation and human rights. 6. Torture, cruel, inhuman or degrading treatment/punishment The discussions were focused on the principal aim of CAT; the substantive, implementation and procedural provisions; and the international and local standards. The inquiry procedure of the monitoring body, and individual complaints procedure were also ex-plained. The role of non-Government organizations in bringing attention to acts of torture by states was given attention. 7. Human rights and law enforcement The discussions started with the mandate of the police to protect human rights, defend fundamental freedoms and maintain public order and the general welfare in a democratic society through policies and practices that are lawful, humane and disciplined. The legitimate purpose of police investiga-tion and the general principles that have to be observed in criminal investigation were explained to the participants. The rights of a person arrested, detained or under custodial investigation were expounded to the par-ticipants. 8. United Nations complaints procedure The participants were briefly introduced to the UN human rights mechanism. The discussions on complaints procedures were those under the (1) international human rights treaties; (2) optional pro-tocol to the international covenant on civil and political rights; (3) convention against torture and other cruel, inhuman or degrading treatment or punishment; (4) optional protocol to the convention on the elimination of all forms of discrimination against women; and (5) international convention on the protection of the rights of all migrant workers and members of their families. Specific topics on whom complaint can be brought; who can bring a complaint; the information a complainant should provide; the admissibility and merit of the case; and the procedures were dis-cussed. The 1503 procedure of the Commission on Human Rights was also explained.

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Session on the Anti-Personnel Landmine Ban

Prepared by Geneva Call

The session on the anti-personnel (AP) mine ban led by Geneva Call was divided into three parts: A. Overview of the global movement to ban AP mines and the work of Geneva Call, with an

emphasis on the commitment made by the MILF leadership in 2000 (reaffirmed in 2002). B. Clarification of the rationale and scope of the prohibition contained in the Deed of

Commitment: what does it mean for a mine to be victim-activated? How does an AP mine differ from an anti-vehicle mine?

C. Explanation of each one of the obligations contained in the Deed of Commitment and practical exercise aimed at getting participants to develop their ability to train others on the mine ban.

A. The global fight against landmines and the MILF commitment As a result of strong lobbying on the part of civil society organisations and a global realisation that AP mines are an indiscriminate weapon that cause a disproportionate amount of suffering when compared with their military value, the international community adopted a Mine Ban Treaty in 1997. The Government of the Republic of the Philippines (GRP) became a State Party to the Treaty in 2000. Geneva Call was created to universalise the mine ban by getting armed non-State actors (NSAs) on board. Geneva Call acted as a pioneer organisation by demonstrating the value of engaging NSAs in greater respect for humanitarian norms. The MILF was one of the first NSAs to sign the Deed of Commitment, which is a document that largely replicates the obligations contained in the Mine Ban Treaty. The signed document has been deposited with the Government of the Republic and Canton of Geneva. Participants were given a picture of Al Haj Murad Ebrahim signing the Deed of Commitment and a copy of the Deed of Commitment, itself. The discussion that followed allowed participants to ask questions about the distinction between the Mine Ban Treaty and the Deed of Commitment. Ques-tions were asked regarding other NSAs active in the Philippines and the status of their commitments regarding the mine ban. Some participants wondered about the reciprocity of the obligations and whether compliance of the GRP mattered for the implementation by the MILF of its commitment. In the same line of reasoning, certain participants queried the relationship between the Deed of Commitment and the ceasefire agreement. B. Rationale and scope of the prohibitions contained in the Deed of Commitment The participants were asked to give examples of triggers that are commonly used to detonate mines. They came up with a long list including: stepping and touching, remote controls, string pulls, trip wires, strings, sensors, mobile phones, shooting or shocking, fuse, etc. The list provided an oppor-tunity to discuss which mines are victim-activated and the importance of distinguishing these from those that are command-detonated, for the purpose of interpreting the Deed of Commitment. It was explained that even though some mines are traditionally understood to be command-detonated, they could shift into the category of victim-activated if experience showed that there were repeated inci-dents of civilians detonating them by mistake. This was the case of string pulled mines. A short discussion of anti-vehicle mines followed in order to illustrate the fact that such mines, al-though they are not prohibited by the Deed of Commitment, can also be victim-activated.

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Throughout this part of the training, the trainer emphasized the indiscriminate nature of AP mines and the fact that according to fundamental principles of international humanitarian law (IHL), weapons must be capable of distinguishing between combatants or weapons bearers and civilians. While certain States continue to oppose the Mine Ban Treaty arguing that AP mines can be used discriminately, there is growing consensus among States that this is not the case. However, because of persistent objections from major players in the international community (United States, Russia, China), it is not yet sufficient to invoke customary IHL to justify the prohibition on AP mines. C. Practical exercise in training on the obligations contained in the Deed of Commitment The trainer presented the ten obligations contained in the Deed of Commitment. The obligations were divided into “dos” and “don’ts” or “prohibition” and “cooperation”.

1. Do not use anti-personnel mines under any circumstances. (Straightforward)

2. Do not make or produce anti-personnel mines. (Straightforward)

3. Never take, receive, buy, give, trade or sell anti-personnel mines, even with allies. It is not important that money is involved. Even as a gift, a transfer is unlawful.

4. Do not stockpile or retain anti-personnel mines. All anti-personnel mines must be destroyed.

Some could argue that mines that are stockpiled are not threatening. It is important to emphasize the fact that such mines can be stolen or misappropriated and fall into the wrong hands.

5. Do your best to prevent anybody from moving anti-personnel mines through your ar-eas or using anti-personnel mines in your areas.

It is also the responsibility of the group to make sure others do not use AP mines. 6. Mark, record and declare to your superior all areas you know or think to be mined.

You may know where the mines are situated now but when you are no longer around, it is impor-tant that this information be available to facilitate clearance operations.

7. Warn civilians of mined areas and of the dangers that anti-personnel mines represent. Tell community members, especially children, so that everyone knows to stay away from these places and not to touch the anti-personnel mines.

You have a duty toward the civilian population. 8. Cooperate actively in mine clearance.

Mine clearance is not something that can be done casually. It is the sole responsibility of persons that have received specific training in the matter. This can be members of the MILF who have re-ceived appropriate training.

9. Help mine victims as much as you can, remembering that they deserve respect and compassion.

Helping extends beyond the moment of the blast. It requires that you familiarise yourself with the various local and international organisations in your area that are capable of providing short-term and long-term assistance to mine victims. Who are these organisations?

10. Promote and explain the total anti-personnel mine ban to those around you and with whom you come into contact – combatants and civilians.

You have a duty to spread your knowledge and understanding of the mine ban, as adhered to by the leadership of your group.

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After the presentation, laminated posters illustrating the obligations were handed to the participants with instructions that they should prepare a brief (3-5 minutes) pres-entation of their own on the obligation they were allocated. This exercise was meant to test their understanding and provide them with an opportunity to practice the training that was expected of them when they re-turned to their military base or community. The form of the presentation (from role play to lecture) was for them to decide but they were asked to respect the following guidelines: Integrate the rationale for the obligation into the presentation rather than merely stating that it

is a rule. Provide concrete examples of the rule. Develop convincing arguments with reference to culturally-specific norms, such as the dic-

tates of Islam. Observations This session was made relatively easy by the fact that the leadership of the MILF has signed Ge-neva Call’s Deed of Commitment. However, this meant that it was more difficult to get participants to think about the reasons for banning AP mines. The assumption was that it is law and therefore it must be respected. The training aimed at getting the participants to think more critically about the reasons for the ban in order to ensure that they had appropriated the norm as well as its rationale. When participants resorted to the teachings of the Coran or when they came up with their own line of reasoning for why AP mines are banned, it was obvious that they were integrating the notions be-ing taught. The extent to which some participants used their creativity in the practical exercise was extremely satisfying and demonstrated a sincere commitment to the learning process in which they were involved. AP mines are not a big problem in Mindanao. This was raised by a few participants. What was im-portant, however, was that the training got them thinking about indiscriminate weapons in general and the MILF’s broader humanitarian obligations toward the civilian population. The evaluation sheets that were distributed at the end of each session turned out not to be very use-ful. Indeed, it would have been surprising to find any of the participants being openly critical of the training they received. In future, it would be best to word evaluation questions in a positive manner, asking the participants to suggest ways of improving the session rather than asking them what they liked and did not like. In terms of concrete suggestions received, one participant asked whether the laminated posters could include an Arabic version of the various obligations. This would link each obligation more closely with Islam and make it all the more compelling.

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Session on Child Protection in Armed Conflict Prepared by the Philippine Coalition

to Stop the Use of Child Soldiers

Workshop Objectives:

1. Determine the notions of the participants on children and childhood, exploring Islamic and organizational perspectives on children’s rights, particularly survival, development, protection, and participation;

2. Identify the existing policies of the MILF on children, childhood, and child protection; 3. Determine the extent of knowledge and views of participants on international and national

laws and instruments (such as the UNCRC, the OP, and RA 7610), and whether the group has considered these instruments in making their policies/ practices;

Workshop Flow:

1. Introduction and Expectations Check The summary of the participants’ expectations are as follows: Knowledge

Means to protect children National and international laws concerning child protection Understand the Optional Protocol Understand the minimum age for recruitment Identify ways to prevent the involvement of children in armed conflict

Skills

Ways of caring own children Ways of handling children captured/ rescued during conflict Skills to disseminate information concerning child protection/ rights 2. Understanding Childhood

There was a change of module given certain factors: time-limitation, attention span of the partici-pants, and their expectations. In the initial group (Davao/Tausug group), there was a preliminary ac-tivity to elicit the participants’ childhood experiences. The plenary was divided into four groups and instructed to complete the following phrases:

Noong bata pa ako, ang naaalala kong masayang pangyayari ay……. (When I was a child, one happy experience I can remember is…) Noong bata pa ako, ang naaalala kong malungkot na pangyayari ay……. (When I was a child, one sad experience I can remember is…) Noong bata pa ako, ang turo sa akin ng tatay ko ay….. (When I was a child, my father taught me…)

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Noong bata pa ako, ang turo sa akin ng nanay ko ay…. (When I was a child, my mother taught me…) Noong bata pa ako, napagalitan ako ni tatay dahil… (When I was a child, my father got angry at me because…) Noong bata pa ako, napagalitan ako ni nanay dahil…. (When I was a child, my mother got angry at me because) Noong bata pa ako, natuwa sa akin si tatay dahil… (When I was a child, my father was happy with me because…) Noong bata pa ako, natuwa sa akin si nanay dahil… (When I was a child, my mother was happy with me because…)

This activity was dropped during remaining sessions. Instead, the discussion proceeded with some process questions to elicit the participants understanding of childhood. The matrix below provides the summary of the participants’ responses:

There were other process questions to surface the participants’ understanding of children and their parameters of their participation in community. - What can a child do which adults cannot? Playing such as entering small spaces; sucking mother’s milk; playing naked; begging; crying out in public; cannot kill - What can an adult do which a child should not do?

Who is a child? When can you say that he/she is no longer a child?

What are your bases? What is the view of the MILF on the age of the child?

- Someone who needs attention, care and direction

- Plays unlimitedly - Neglect or ignores

the parents’ advice - Not more than 15

years old.

- Adolescents: Girls 13 to 14 years old; Boys 15 to 17

- Not “balig” (A Moro

term for puberty. There is no specific age indicator to determine of the person is in the stage of “balig.” Ages differ between girls and boys. The signs of “balig” are the following:

Adams apple Menstruation Pubic hair Wet dreams/ desire for sexual intercourse

Note: Initially, the question asked was “How as the Holy Qur’an defines the child?” Almost all the participants responded that they need a reli-gious leader to answer that. Hence, the trainers rephrased the question into: “Based on your understanding of the Islam, how does it de-fine a child?” - Understand Islam - Obligatory to do

prayers during Ramadhan

- All should learn and understand the Qur’an

There were various re-sponses but the most common was “no comment.” Others gave the follow-ing answers: - Based on Qur’an - 15 y.o. and below - 18 y.o. and below

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Sex; handling firearms; driving vehicles; carry heavy equipment; travel freely - Can a child marry? Participants’ categorically said no. However, they said that there are certain cultures in Mindanao that allow such. - Can a child vote? Participants mentioned that children are not legally allowed to vote. But there are exceptions when they are coerced to do so.

3. Discussion on International Standards and National Laws The trainers gave an overview of the following international laws pertaining to child protection: - UN Convention on the Rights of the Child (CRC) - Optional Protocol on the Involvement of Children in Armed Conflict - ILO Convention 182 on Worst Forms of Child Labor The national laws covered during the discussion were the following: - Philippine Constitution - Republic Act 7610 on Special Protection of Children Against Child Abuse, Exploitation and

Discrimination Act - Republic Act 7658 or the Act Prohibiting the Employment of Children Below 15 Years of Age in

Public and Private Undertakings - Republic Act 9208 or the Anti-trafficking in Persons Act of 2003 The participants raised many questions and clarifications. Some shared first hand information of human rights and humanitarian law violations committed by the Philippine armed forces that they have witnessed. The trainers suggested that these incidents have to be documented properly and submitted to independent bodies such as the IMT, the ICRC and the (UN Committee on the Rights of the Child) UNCRC. HR and IHL Violations Shared - In Sibugay, a mother and a two year old child was imprisoned for 3 months after they were

caught by the police due to unestablished reasons. - In Camp Abubakar, military ransacked schools in the community during the military take over in

2000. - Some were not specific with their cases. Instead, they have repeatedly mentioned the actual

conditions of Bangsamoro children where they do not have access to education and basic quality healthcare.

Clarifications/ Talking Points on the Topics Discussed - What do we mean situations of emergency? It involved both natural disasters and man-made

disasters such as armed conflict or other forms of disturbances. - Protection should include children who are in conflict with the law. What will happen to children

who are caught because they are involved in the conflict? - What is the role of UNICEF? Do they have an office in the Philippines? - What are the penalties if we violate the law? - Is there any country that was already sanctioned because of their violations of the CRC? UN

Security Council listed down countries where child soldiers are being used. These included

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Congo, Burundi, Sudan, Sierra Leone and Rwanda. There are calls for arms embargo. There were six resolutions made already related to children in armed conflict.

- “The laws are there but what’s the point?” Such was raised commonly by participants who have expressed frustration on the non-implementation of the laws. (This could have been processed better by asking them also: How could the MILF contribute towards the respect and implementation of these laws?)

Recommendations by the Participants Raised during the Discussions - Reproduce materials - Conduct follow-up trainings particularly on the conduct of monitoring and documentation - Need more time to discuss the laws

4. Evaluation of the Session The participants were asked the following questions: - What is your dream for children? - What can you do to make that dream a reality? - What are your feelings after the session?

Dreams for Children Contributions Feelings after the Session Education Peace Freedom Leader

Impart knowledge Train Education To make them brave Be a good fighter Be a good counselor Be a good father Security Work for peace

Happy Knowledgeable Satisfied Remembered the past Comfortable Everything Feel Good Best

Some observations on the process: - Time allotted is very limited given the coverage of topics. - The participants seemed to be open to directly discuss the issue of child soldiers. It was opposite

to some assumptions that bringing such topic would instigate a heated debate which might lead to discussions on religious perspectives. Should the topic of child soldiers be brought up, the discussion must be from a legal/ policy angle.

- Some groups have undergone the HR and IHL session prior to the child protection session. It would be good to build on their understanding of HR and IHL in discussion the issue of child soldiers.

- There is a need for more audio-visual materials such as videos and pictures. - Using the local language makes the discussion more participatory. In fact, various stories and

information were shared during the informal discussions during breaks.

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Geneva Call - © 2006

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