Children in Conflict

Wherever political and military conflict happen, children are caught in the crossfire.  Years ago, I spoke to a teenaged boy who had been involved with communist insurgents in the mountains on Negros Island.  I asked him why he had joined the group, knowing that it would be dangerous.  He said, "I had nothing to eat, and I could see that they were eating."  Often it's that simple.  Throughout the world, minors are apprehended by military forces during anti-terrorist campaigns and are labeled as insurgents, rebels and enemy combatants.  What follows is usually an abrogation of their basic human and civil rights.  This has certainly taken place during the military actions in Iraq and Afghanistan and it happens wherever conflict occurs.  In the Philippines, this is most likely to happen on the southern islands where insurgencies are most prevalent.  Programs to provide guidance and rehabilitation for children in conflict with the law will also need to make efforts to help young people caught up in military conflicts as well.http://www.hrw.org/news/2013/09/20/dispatches-war-children-philippines

Developments in Juvenile Justice in the Philippines

Child in jail, before RA9344 was passed.  Photo by Br. James Joost

Prior to 2005, there was little in Philippines law to provide for specialized treatment of youthful offenders.  Very young children could be found in jail cells, often living in crowded cells with 30 or more adult inmates.  Many of these young people became victims of abusive treatment while incarcerated and most waited months before their cases were considered by the courts.  Bahay Pag-asa Youth Center, Bacolod was opened (under the direction of Br. Gus Boquer, President of the University of Saint La Salle) while these conditions still existed.  The first residents of Bahay Pag-asa emerged from the jails traumatized, tattooed by inmates, and in poor health.  There were instances in which juveniles died in the jails before they could be relocated to other programs.

In 2005, after human rights organizations highlighted the deplorable conditions under which juvenile offenders were being incarcerated, the government of the Philippines passed Republic Act 9344 which became known as the Juvenile Justice Reform Act (http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html).  This legislation raised the age of criminal liability to 18 (or 15 in cases where it was determined by the court that the young person had acted with "discernment") and it mandated that juvenile offenders should not be detained in police lockups or jails for any extended period of time but should be returned to their families as soon as possible.  The law also directed that a system of intervention services should be set up to steer juveniles away from criminal activity.

As is often the case, the portions of the law which did not require funding (the discharge of youthful offenders from jails) happened rather quickly, and the parts of the law requiring allocation of resources (intervention services and guidance) often did not take place.  Bahay Pag-asa, Bacolod continued to operate through the subsequent years, during which there was considerable confusion and disagreement as to what RA 9344 really required and how it should be implemented.  Brothers Vince Fernandez and Arian Lopez were directors during these challenging years, and they continued to provide a safe home, guidance and education to youthful offenders while dealing with confusing issues involving the courts and social services (DSWD).

Crime syndicates soon began to take advantage of children and teens from the poorest of homes, telling them that they could assist the adult criminals without having to worry about arrest or prosecution.  Incidences of juvenile crime increased.  Some frustrated police officers gave up even apprehending juveniles involved in crime because they would be released almost immediately and be committing the same crimes within days.  In other places, death squads (known locally as "salvage teams") carried out extrajudicial killings of teenagers who were repeat offenders.  Many citizens began calling for the repeal or amendment of RA 9344.

Most recently, RA 10630 (titled "An Act Strengthening the Juvenile Justice System in the Philippines") was passed by the legislature and signed into law by President Aquino on October 3, 2013.  This law (http://www.gov.ph/2013/10/03/republic-act-no-10630/) maintained the age of criminal liability at 18 (or 15 for those who have acted with discernment), but mandated that juveniles as young as 12 years of age may be involuntarily committed to a "Bahay Pag-asa" for rehabilitation and education.  By this time, a second Lasallian Bahay Pag-asa Youth Center was operating at the campus of De La Salle University, Dasmariñas (where Br. Gus Boquer is currently president).  Directors Ms. Jennysan Lazarito (at Bacolod) and Dr. Alrien Dausan (at Dasmariñas) have been working to plan how the centers would assist in the implementation of this law.  Local governments are required by law to open their own "Bahay Pag-asa" facilities, but it is still unclear how soon or how extensively, this will occur.

In the midst of all these changes, the Lasallian Brothers, partners and educators in the Philippines remain committed to providing a healthy, academic, formative and faith-filled home for those young people who are "in conflict with the law."  It is a very big task, but one that fits perfectly the mission of the Brothers (and, by extension, all who work with them): to provide a human and Christian education for the young, especially the poor.

Make Hope Happen This Christmas

We have just been in contact with Bahay Pag-asa, Bacolod.  The dedicated staff there is struggling to meet the basic needs of the residents.  Just providing the daily meals for the residents has become a great challenge this year.  There are no funds for clothes, cleaning supplies or recreation.  Club Pag-asa hopes to meet that need again this year.  Throughout November and December 2013, we will attempt to raise the funds to meet those needs.  We will do what we can to make hope happen!

Outreach Programs at Bahay Pag-asa Youth Center, Bacolod

Part of the Outreach Programs at Bahay Pag-asa Youth Center is getting the residents involved in programs that promote the education and empowerment of youth.  Here are the residents preparing to host the Inter-Center Children's Congress.

Pag-asa Kids in Phantom Shirts go to Cooking School!

Proudly wearing their Cathedral High School Volleyball Championship shirts, Bahay Pag-asa Bacolod residents take cooking classes under the guidance of Chef Richard and the Institute of Culinary Arts at the University of Saint La Salle, Bacolod.  Bon appetit!

How does the law treat juvenile offenders in the Philippines today?

This recent (10/9/2013) article from Inquirer News in the Philippines describes the recent amendments to RA 9344, the Juvenile Justice Reform Act.

President Aquino has signed into law a measure delineating the treatment of minors involved in crimes.  Aquino signed Republic Act No. 10630, “An Act Strengthening the Juvenile Justice System in the Philippines, Amending for the Purpose Republic Act No. 9344, otherwise known as The Juvenile Justice and Welfare Act of 2006.”

“There have been some changes in the composition of the Juvenile Justice and Welfare Council but, for the most part, the minimum age of criminal responsibility stands at 15 years of age,” said deputy presidential spokesperson Abigail Valte in a briefing at Malacañang.
Aquino signed the new law on Oct. 3 but this was made public only Tuesday.

Bahay Pag-asa
The old law, RA 9344, mandated authorities to commit youth offenders to a “Youth Detention Center” managed by accredited local government units (LGUs) and nongovernment organizations (NGOs).

The new law, RA 10630, renames the temporary housing “Bahay Pag-asa” and mandates the creation of a multidisciplinary team for the protection of children composed of a social worker, psychologist or mental health professional, medical doctor, educational-guidance counselor, and barangay council representative.

There had been a huge public outcry over the use of minors by criminals, which prompted some sectors to call for a lowering of the age of criminal responsibility.

Intervention
The new law does not lower the age of criminal responsibility (15 years), but it provides for some exemptions and for more intervention measures.
States RA 10630: “A child 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he or she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this act.”
The new law also makes it clear that the exemption from criminal liability of minors “does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”
The law says only offenders who are 12 years old can be committed to a youth facility.
—Michael Lim Ubac

You should note that all youth centers for children in conflict with the law are now being called "Bahay Pag-asa."  The two such centers operated under the supervision of Lasallian educational programs are Bahay Pag-asa, Bacolod and Bahay Pag-asa, Dasmariñas.

Living the Gospel at Bahay Pag-asa

Yesterday was the feast day of Saint Luke, the Evangelist.  A rich source of inspiration especially for those who work for social justice, Luke's gospel highlights the saving mission of Christ extended first to those most marginalized by society.  At Bahay Pag-asa Youth Centers, this gospel is uniquely lived out.  The young people served by the center are among the most marginalized of kids and come from some of the most economically distressed families I have ever met.  And yet, they have no desire to seek sympathy or to make excuses for wrongdoing.  Instead, they join with the staff each year to extend their own mission and services to the community - as volunteer gardeners, mentors to neglected youth, and even as musicians.  When I ask them what they want to do with their lives, the most common answer is, "I want to help children who have problems like I had." 

Bahay Pag-asa Dasmariñas: A Lasallian Reponse to an Urgent Need

A former resident speaks about his experiences of jail.

How does a child come to be in conflict with the law?

This short documentary, by Rappler, shows the reality of children living on the streets in Manila.  Their stories are strikingly similar to those of other kids throughout the Philippines.  Listen carefully as the need for "a Bahay Pag-asa" is discussed...that's exactly what the Bahay Pag-asa Youth Centers are designed to do.

"Christmas for Pag-asa" needs you!

Each year, Lasallian students, teachers and staff help to make Christmas a little bit brighter by raising money for educational supplies, clothes and special events for the residents of Bahay Pag-asa.  This is what "Christmas for Pag-asa" looks like at San Miguel High School in Tucson, Arizona.

We will be showing you how you can get involved.  Stay tuned!

What is a CICL?

CICL is a term that you will hear if you begin to look into the situation of juveniles who have been arrested - the acronym stands for "children in conflict with the law."  UNICEF describes CICLs as follows:  "The term ‘children in conflict with the law’ refers to anyone under 18 who comes into contact with the justice system as a result of being suspected or accused of committing an offence. Most children in conflict with the law have committed petty crimes or such minor offences as vagrancy, truancy, begging or alcohol use. Some of these are known as ‘status offences’ and are not considered criminal when committed by adults.  In addition, some children who engage in criminal behaviour have been used or coerced by adults. Too often, prejudice related to race, ethnicity or social and economic status may bring a child into conflict with the law even when no crime has been committed, or result in harsh treatment by law enforcement officials." http://www.unicef.org/chinese/protection/files/Conflict_with_the_Law.pdf  

At Bahay Pag-asa, they are officially called residents, since the youth center is where they live.  But when we gather together to learn, pray or work, we call them "sons of God."  That's a good place to start.

Video: Bahay Pag-asa Youth Center, Dasmarinas.

 

"Pag-asa" is hope.  Lasallian Pag-asa is our message to you - a message about a very special project to bring hope into the lives of children in conflict with the law in the Philippines.  We want you to join us as we share the lives, experiences, challenges and triumphs of some extraordinary young people.  As you will learn, they have seen far too much for their years and many have had every reason to abandon hope.  But a group of dedicated Lasallian teachers and mentors have made it their mission - their daily commitment - to see that hope does not die.  They are accompanying these young people as they rediscover what it means to hope and what it means to know that they are sons of God.  The Lasallian Bahay Pag-asa Youth Centers of the Philippines have created a place called "hope" for young people lost in a world of poverty, crime and violence.  At Bahay Pag-asa, the good news is that hope is alive, life can be good and meaningful and there are companions for the journey.  We want to bring the story to you and, even more, we want you to become part of the story.  Are you ready?