Source: The Philippine STAR, 11 September 2005,
p. 16, Opinion Page
PASS COMPREHENSIVE JUVENILE JUSTICE SYSTEM BILL
We at the Council for the Welfare of Children (CWC)
are disheartened at the negative attention that the Philippine
recently got because of the CNN report on the condition of children
in conflict with the law (CICL).
Unfortunately, the
Philippine government has not been able to address this issue for
along time. Presidential Decree (PD) 603 of 1974 stipulates that
local governments should have separate detention centers for young
offenders while they are waiting for their cases to be heard in
court. But most LGUs say they do not have funds for this purpose.
Thus, CICLs are often placed in jails together with adults. There
are cases too when these children are in "lock-up situation" or they
are locked up in jail even though no cases have been filed against
them. This is when abuses usually take place and rights of the
children are violated.
The CWC, together with the Consuelo Foundation,
Unicef and the Juvenile Justice Network-Philippines (JJNP) has been
advocating for the passage of the Comprehensive Juvenile Justice
System (CJJS) Bill.
The bill has four features: it raises criminal
liability of children from 9 to 12 years old, reiterates the
construction of separate detention centers for CICL, introduces the
diversion program at community level, and creates a monitoring
office on Juvenile Justice under the Office of the Secretary of the
Department of Justice (DOJ).
The CJJS has been filed in Congress since 1999
but has not been given enough support. It has thus remained a bill.
Today, however, the strong support we are getting from both House of
Representatives and the Senate makes us hopeful that the bill will
be passed before the end of 2005.
The DOJ actually issued a memo circular in April
2005 asking all Public Attorneys to visit jails and look into the
conditions of children there. The Public Attorney's Office (PAO)
should file motions for Release of Recognizance (RORs) of CICLs and
ask the police to release all children in a lock-up situation.
Oftentimes, the children continue to stay in jail without being
charged of any offense. Indeed these are clear violations of the
children's rights.
We have also been working with the courts to
expedite cases of youth offenders especially on motions for RORs ---
meaning CICLs could be released to their parents or to appointed
guardians who would ensure their good behavior. But the courts can
only do so much. There are not enough judges --- about a third of
this country's courts are without judges. Even with the creation of
Family Courts, there are still not enough to manage all cases that
deal with violations against children.
The lack or detention centers is not just the
problem of the LGUs; the slow action on filing motions of RORs is
not just a problem of the DOJ; nor is the lack of attention to cases
of CICLs just a problem of the courts, the police or social workers.
This problem is systemic --- everyone is accountable --- from the
family that does not supervise the children, to the community that
prefers to lock up youth offenders instead of giving them another
chance, and the society that is indifferent to their plight.
Perhaps we can stop the finger-pointing and just
do what we have to do --- starting with the passage of the
Comprehensive Juvenile Justice System Bill ensuring its
implementation effectively. ----- Lina B. Laigo, Executive
Director, Council for the Welfare of Children
