Who protects the children when they find themselves at odds with the law?

PRESIDENT RODRIGO Duterte has framed his war on drugs as a fight for the next generation. Yet, some children have fallen victim to this war. From July 1 to August 28, 20,584 children have surrendered to authorities after several drug watchlists by the Philippine National Police (PNP) identified them as “users, pushers, and runners.”

Because of this, they are now considered “children in conflict with the law” (CICL)—children accused or found to have committed a legal offense. Adult offenders whose mental capacity may either be equal or lower than the legal age can also be considered as CICL. Between 2012 t0 2015, the PNP recorded nearly 40,000 CICL cases in the country.

Many of them are charged for the pettiest crimes, ranging from theft, vagrancy, and curfew violation. Some are detained in derelict facilities for long periods of time while awaiting their case’s resolution. Some of them unjustly so, since they are later found to be innocent.

Because of the new administration’s tough anti-crime initiatives, more children might suddenly find themselves as CICL. The House of Representatives recently filed House Bill (HB) No. 2 which seeks to lower the minimum age of criminal responsibility (MACR) from 15 to nine.

Policing the youth

According to Sentro ng Alternatibong Lingap Panligal (SALIGAN) Mindanao Branch Coordinator Kix Sarenas, the proposal to reduce the MACR is grounded on presumptions about CICL: that children easily escape from crimes without being sentenced prison and that syndicates could hire children as accomplices since the latter could not be held liable.

“Ang nakasulat sa House Bill is parang we are spoiling children by not making them criminally responsible,” Sarenas said. “Kailangan bang kriminal ang pagtrato sa kanila? (Do we have to treat them like criminals?)”
Sarenas also stressed that the lack of punishment does not necessarily translate to the complacency of children to commit more crimes.

She also asserted there is not enough solid evidence that supports the correlation between arresting adolescent offenders and lowering the criminal rate in the country.

“Punishment doesn’t have to be jail time because they’re only exempt from criminal liability [but] not civil liability and there is a large distinction between them,” she explained.

Moreover, Sarenas added that passing the baton to police officers over the welfare of children in prison means “abdicating the responsibility of the family.”

Children even more at risk

Reflecting the new government’s toughness on crime, curfews have been implemented in some parts of the country and police do not hesitate in detaining children who violate this rule.

However, not every child has a place to call home. Although Helen Quinto, Executive Director of ChildHope Asia Philippines, says that “curfew is good,” she recognized that homeless street children may be at a disadvantage.

According to the 1978 United Nations Convention on the Rights of the Child, children have the right to life, protection, development, survival, freedom, and education. These, however, are at the risk of being compromised.

Protection and survival remain the primary concern of advocates regarding CICL. Quinto said that law enforcers themselves, brought about by lack of proper training and knowledge on children’s rights, abuse the limitations and weaknesses of these children.

Moreover, Quinto said that pushing the MACR to nine years old would end up “filling prisons with children.”
“Hindi naman solusyon ‘yun – putting children behind bars,” Quinto said. “Ano ang magiging future ng bansa? (What will become of the future of this country?)”

Similarly, Sarenas said that locking up children in an overcrowded jail comprising of adult convicts would have adverse effects on their growth and development.

“The chances of the CICL committing another crime increases actually ‘pag na-expose mo siya to that kind of environment,” she said.

Root of the problem

The prevalence of CICL is only a part of a much bigger problem in the country – systemic poverty. According to the DSWD, the CICLs are mostly composed of males between 14 to 17 years old, raised in poverty-stricken communities. Some have abandoned their families while some were given shelter by syndicates.

Although government and non-government agencies are exhausting efforts towards catering to the children, the cycle of poverty persists until all kinds of poverty are not addressed.

Quinto said that the administration focuses on the CICL’s actions instead of looking at the bigger picture of structural poverty.

“Ang nakikita lang, ‘yung effect. Paano naman ‘yung pinagdaanan? Parang sarado na ‘yung isip nila na magbago pa [ang mga bata] (The only thing they see is the effect. How about what they have been through? It’s like their minds are closed that the children will change),” she said.

Meanwhile, Sarenas argued that reducing the MACR would only deprive the poor of decent legal services, resulting to the influx of innocent detainees.

“The fact that we acknowledge [an imperfect justice system] should prevent us from imposing stricter penalties,” she added.

Barriers on implementation

In hopes of eliminating injustices against CICL, children’s advocate groups and local government units (LGUs) have joined hands to preserve the welfare of the youth.

ChildHope Asia Philippines provides diversion programs such as psychosocial services, counseling, and alternative education for street children. They also offer vocational and skills training, in partnership with the Department of Education, to allow children-at-risk to become productive members of society.

Groups such as SALIGAN and the Civil Society Coalition on the Rights of Children have been adamant in launching their campaign against reducing the MACR by meeting with government officials. Sarenas shared that SALIGAN has been engaging in various forums to reform the juvenile justice and welfare system in the country.

On the downside, Quinto admitted that some services provided by LGUs are insufficient for every child’s needs. Child formators in the barangay level have limited knowledge on diversion programs due to lack of holistic training.

Bahay Pag-asa centers built by DSWD are also inadequate to accommodate all CICL. As of June 2015, only 13 out of 19 facilities are operational.

According to Quinto, full implementation of the law and collaboration of all sectors must be exercised, since she noticed that there is not enough “convergence” among LGUs and NGOs.

“Kung ano ‘yung pinaplano nila, ‘yon at ‘yon na ang ipu-push nila. Parang for compliance na lang na kinonsult ang mga NGO (Whatever they are planning, that would still be the exact plan they will push for. They only consult with the NGOs for the sake of compliance),” Quinto said.

While the government has vowed radical change for the sake of the next generation, it should realize the grave consequences that may arise from this.