On children in conflict with the law
Reflection
(This reflection was shared in a forum organized by the Philippine Center for Investigative Journalism to culminate its Prison Reporting Project. Photo credit: First photo - Mine. Second and third photos - Bernard Testa/PCIJ.)
Children in conflict with the law or CICLs are still children, but they have also committed an act or acts that affected private individuals and the community.
This is the point that children's rights advocates would want to drive across when it comes to handling children in conflict with the law.
The story that I wrote is a third in a series of stories about children in conflict with the law.
READ: 'Some children in conflict with the law are still being placed in detention centers and jails'
The first two stories were written by journalist Rachel Malaguit. First was the story of George who was falsely accused during former President Rodrigo Duterte's drug war, a victim allegedly of evidence planting; and then on the impact of the COVID-19 pandemic on residents of the Bahay Pag-asa center in Malabon City, and their cases, at that, which was delayed because of the pandemic.
In these facilities, it remains to be an option for the managers of the facility whether to allow us to enter or not, which, is one thing that we should also look into as advocates for a free press, that we be given free access to government facilities, especially when it has something to do with the spending of government funds in building and running these facilities. And also, of course, since the welfare and interest of the members of society is in question here, that is why we have every right to tell the story about these facilities or programs. But that is not the case. This is one advocacy that perhaps our journalists' union could look into and lobby on.
I really wanted to interview someone from the secretariat of the Juvenile Justice and Welfare Council, which is tasked in the implementation of RA 9344, as amended. Unfortunately, after several attempts, I was told that the director is out of the country and that no one else is available to help me with my concern. I also wanted to get a recommendation from them for me to visit a Bahay Pag-asa center. This did not happen of course.
I would say that there were several important points that really caught my attention, but these three are somehow the most urgent:
1. There is a need for us to change our mindset when it comes to children in conflict with the law. As much as we recognize that the children are victims of societal ills that pushed them to commit crime, they should also be able to realize the need for them to make amends. Another mindset that we need to change is the kind of justice that should be met to these children, and what they are proposing is what is called restorative justice. Currently people wants retribution – mabulok ka sa kulungan – but that does not help in rehabilitating offenders, especially for children. In restorative justice there is the aim of restoring the child’s relationship with the victim and the community, while achieving rehabilitation for the child.
2. Address poverty. Poverty is one of the root causes of crimes committed by children. Both the stories of Junjun and Christopher is about them trying to meet the most basic needs of their family - food. And they tried to meet this need through means that violated the rights and freedom of others, which they may not have been aware of at that time, or perhaps because they were victims of their impoverished situation.
3. Attention should be given on the implementation of the law, especially in the setting up and operation of Bahay Pag-asa Centers, making sure that they meet the needs of the children in these centers, particularly in achieving restorative justice and the rehabilitation of the children. Although Wilma Bañaga of Save the Children pointed out, putting children in shelters should be the last resort. First effort should be done in community intervention and in community reintegration.
From the experience of making this story, I would suggest that follow-up stories be made, like:
1. Revisiting RA 9344. Looking back at the implementation of the law and its effectiveness or lack in addressing the needs of CICLs.
This is the point that children's rights advocates would want to drive across when it comes to handling children in conflict with the law.
The story that I wrote is a third in a series of stories about children in conflict with the law.
READ: 'Some children in conflict with the law are still being placed in detention centers and jails'
The first two stories were written by journalist Rachel Malaguit. First was the story of George who was falsely accused during former President Rodrigo Duterte's drug war, a victim allegedly of evidence planting; and then on the impact of the COVID-19 pandemic on residents of the Bahay Pag-asa center in Malabon City, and their cases, at that, which was delayed because of the pandemic.
Mental health was one of the issues because they were just basically left to themselves, without them being able to process their situation.
And then the story that I wrote, basically about the challenges faced in the implementation of RA 9344 or the Juvenile Justice and Welfare Act of 2006, with special mention on the good practices of an ideal facility for children in conflict with the law.
There were a few challenges faced in writing the story.
First, of course, is the availability and the willingness of experts or resource persons to be interviewed and be included in the story, as well as for government facilities to open their doors for a visit.
There were a few challenges faced in writing the story.
First, of course, is the availability and the willingness of experts or resource persons to be interviewed and be included in the story, as well as for government facilities to open their doors for a visit.
I really wanted to interview someone from the secretariat of the Juvenile Justice and Welfare Council, which is tasked in the implementation of RA 9344, as amended. Unfortunately, after several attempts, I was told that the director is out of the country and that no one else is available to help me with my concern. I also wanted to get a recommendation from them for me to visit a Bahay Pag-asa center. This did not happen of course.
The Bahay Pag asa is the facility where CICLs, 15 to 18, are to be brought for processing and rehabilitation, for them to realize the wrong they have done, to learn how to become good citizens and responsible members of society, and to start their journey towards healing and reconciliation with the offended party. It is not just a drop in center or a holding facility.
I tried contacting Bahay Pag-asa Centers, but they refused to grant an interview or access to their facility. Some of those I contacted just did not answer my messages. I do understand the concern of the staffs because Bahay Pag-asa Centers remain to be under the LGU, the office of the Mayor, and so the staff is at the behest of the mayor, and if they make decisions without the knowledge of the mayor, that could cost them their jobs.
So, basically, I was not able to visit a Bahay Pag-asa Center but was relying on the stories of people who have contacts with Bahay Pag-asa Centers like PREDA, Save Our Children, and the Children's Legal Bureau of Cebu.
PREDA, by the way is a member of the national council of JJWC, one of two NGOs in the council, as mandated by RA 9344. They tried to connect us to a Bahay Pag-asa Center in Zambales but the manager said that they were under lockdown.
CLB, I believe, is also part of the regional council of JJWC for Cebu. And Save Our Children used to work with Bahay Pag-Asa Centers as partners.
Another challenge that we had to face in making this story is the COVID-19 pandemic, which has become an easy excuse to deny an interview, so much more, a visit to the facility.
Still, we are pleased that there were a few important people and institutions who responded to our invitation. And they were the ones who actually made significant contributions in the enactment of RA 9344 and in the improvement of the situation of children in conflict with the law. For this I am grateful.
The Bukang Liwayway Home for Boys, which is ran by PREDA, is, in a way, an ideal facility that could help reform children in conflict with the law. By all means, it is not a prison facility, although as they would say, it could be a blessing for people to think that it is because it also lightens the burden of the offended party, the victims per se, thinking that the perpetrator is in jail. It is this mentality that we have, retributive justice. You pay for your crime. An eye for an eye.
The facility is an open space where children could play around, but they have a program that all children had to stick with, from waking up to sleeping.
One of their key treatment, so to speak, is the primal therapy where the child is made to release all the negativity in his life. They could cry, shout, punch, anything to release their anger, frustration, fear, and other pent up negative emotion. They constantly revisit their life, in a group sharing, allowing them to see the wrong that they have committed. Of course they continue to study, some in regular schools, others had to go through the alternative learning system, because many have not even finished elementary school. They have games, sports, they go out as a group, and they have financial incentives or rewards when they follow the rules. For those who really want to finish their studies after, they also get support from PREDA after their time in the facility. And one thing worth noting is that those children who came to the facility with existing unaddressed medical condition was given their much needed treatment. They were treated as family, they were made to experience what it means to be loved and respected, which is what Ms. Wilma Bañaga of Save Our Children pointed out in our conversation.
It seems that for Bahay Pag-asa Centers, it is very different, which is usually just one building that is basically like a prison facility, as well. Their budget would depend on the local chief executive, if they are a priority, otherwise they may not get any. Many of the staffs have not received training, as well, and are not equipped to handle the special needs of these children. And that is why many LGUs refer their children to PREDA, but running a facility like PREDA costs millions.
There are a lot of things that I've learned about CICLs in writing this story.
Eule Bonganay, Salinlahi secretary general pointed out that poverty is primarily the reason for criminality in children.
He said, “Criminality in children is primarily rooted in poverty. These children are mostly involved in petty crimes that are property related like stealing, snatching, hold-up. These crimes have something to do with poverty and were committed with the aim of helping their families.”
Both Junjun and Christopher came from poor families and when the crimes they were accused of committing happened, they were actually trying to make money for their families, for food that they could bring to the table.
But despite their being a victim of circumstance, Fr. Geraldo Costa, CICM, of the Psychological Association of the Philippines said that themes like 'these children are criminals and they should be in jail,' and on the other side, 'they are just children' should not be used to romanticize their situation, rather, these children should be able to realize the wrong that they have committed and learn to become responsible for their actions.
Fr. Costa also pointed out that “The Philippines is far more advanced than other countries in the way that children are being dealt…. We basically fully accepted the rights of the child. It is just a matter of effectively implementing the policies.”
(Child psychotherapist Fr. Geraldo Costa, CICM is a board of director of the Psychological Association of the Philippines and founder of SLU-Sunflower Children’s Center, Baguio City)
That is an accomplishment for us, and that is why many advocates opposed the proposal to amend the law. They said, it hasn't been fully implemented yet, why would they already want to change it?
Gabriela Women’s Partylist Representative Arlene Brosas said: “We should really focus on the implementation of the law and the guiding principle should be that it should be pro-poor and the programs and activities that would be implemented should be in view of the interest of the child – economic, political, and cultural aspect."
I tried contacting Bahay Pag-asa Centers, but they refused to grant an interview or access to their facility. Some of those I contacted just did not answer my messages. I do understand the concern of the staffs because Bahay Pag-asa Centers remain to be under the LGU, the office of the Mayor, and so the staff is at the behest of the mayor, and if they make decisions without the knowledge of the mayor, that could cost them their jobs.
So, basically, I was not able to visit a Bahay Pag-asa Center but was relying on the stories of people who have contacts with Bahay Pag-asa Centers like PREDA, Save Our Children, and the Children's Legal Bureau of Cebu.
PREDA, by the way is a member of the national council of JJWC, one of two NGOs in the council, as mandated by RA 9344. They tried to connect us to a Bahay Pag-asa Center in Zambales but the manager said that they were under lockdown.
CLB, I believe, is also part of the regional council of JJWC for Cebu. And Save Our Children used to work with Bahay Pag-Asa Centers as partners.
Another challenge that we had to face in making this story is the COVID-19 pandemic, which has become an easy excuse to deny an interview, so much more, a visit to the facility.
Still, we are pleased that there were a few important people and institutions who responded to our invitation. And they were the ones who actually made significant contributions in the enactment of RA 9344 and in the improvement of the situation of children in conflict with the law. For this I am grateful.
The Bukang Liwayway Home for Boys, which is ran by PREDA, is, in a way, an ideal facility that could help reform children in conflict with the law. By all means, it is not a prison facility, although as they would say, it could be a blessing for people to think that it is because it also lightens the burden of the offended party, the victims per se, thinking that the perpetrator is in jail. It is this mentality that we have, retributive justice. You pay for your crime. An eye for an eye.
The facility is an open space where children could play around, but they have a program that all children had to stick with, from waking up to sleeping.
One of their key treatment, so to speak, is the primal therapy where the child is made to release all the negativity in his life. They could cry, shout, punch, anything to release their anger, frustration, fear, and other pent up negative emotion. They constantly revisit their life, in a group sharing, allowing them to see the wrong that they have committed. Of course they continue to study, some in regular schools, others had to go through the alternative learning system, because many have not even finished elementary school. They have games, sports, they go out as a group, and they have financial incentives or rewards when they follow the rules. For those who really want to finish their studies after, they also get support from PREDA after their time in the facility. And one thing worth noting is that those children who came to the facility with existing unaddressed medical condition was given their much needed treatment. They were treated as family, they were made to experience what it means to be loved and respected, which is what Ms. Wilma Bañaga of Save Our Children pointed out in our conversation.
It seems that for Bahay Pag-asa Centers, it is very different, which is usually just one building that is basically like a prison facility, as well. Their budget would depend on the local chief executive, if they are a priority, otherwise they may not get any. Many of the staffs have not received training, as well, and are not equipped to handle the special needs of these children. And that is why many LGUs refer their children to PREDA, but running a facility like PREDA costs millions.
There are a lot of things that I've learned about CICLs in writing this story.
Eule Bonganay, Salinlahi secretary general pointed out that poverty is primarily the reason for criminality in children.
He said, “Criminality in children is primarily rooted in poverty. These children are mostly involved in petty crimes that are property related like stealing, snatching, hold-up. These crimes have something to do with poverty and were committed with the aim of helping their families.”
Both Junjun and Christopher came from poor families and when the crimes they were accused of committing happened, they were actually trying to make money for their families, for food that they could bring to the table.
But despite their being a victim of circumstance, Fr. Geraldo Costa, CICM, of the Psychological Association of the Philippines said that themes like 'these children are criminals and they should be in jail,' and on the other side, 'they are just children' should not be used to romanticize their situation, rather, these children should be able to realize the wrong that they have committed and learn to become responsible for their actions.
Fr. Costa also pointed out that “The Philippines is far more advanced than other countries in the way that children are being dealt…. We basically fully accepted the rights of the child. It is just a matter of effectively implementing the policies.”
(Child psychotherapist Fr. Geraldo Costa, CICM is a board of director of the Psychological Association of the Philippines and founder of SLU-Sunflower Children’s Center, Baguio City)
That is an accomplishment for us, and that is why many advocates opposed the proposal to amend the law. They said, it hasn't been fully implemented yet, why would they already want to change it?
Gabriela Women’s Partylist Representative Arlene Brosas said: “We should really focus on the implementation of the law and the guiding principle should be that it should be pro-poor and the programs and activities that would be implemented should be in view of the interest of the child – economic, political, and cultural aspect."
1. There is a need for us to change our mindset when it comes to children in conflict with the law. As much as we recognize that the children are victims of societal ills that pushed them to commit crime, they should also be able to realize the need for them to make amends. Another mindset that we need to change is the kind of justice that should be met to these children, and what they are proposing is what is called restorative justice. Currently people wants retribution – mabulok ka sa kulungan – but that does not help in rehabilitating offenders, especially for children. In restorative justice there is the aim of restoring the child’s relationship with the victim and the community, while achieving rehabilitation for the child.
2. Address poverty. Poverty is one of the root causes of crimes committed by children. Both the stories of Junjun and Christopher is about them trying to meet the most basic needs of their family - food. And they tried to meet this need through means that violated the rights and freedom of others, which they may not have been aware of at that time, or perhaps because they were victims of their impoverished situation.
3. Attention should be given on the implementation of the law, especially in the setting up and operation of Bahay Pag-asa Centers, making sure that they meet the needs of the children in these centers, particularly in achieving restorative justice and the rehabilitation of the children. Although Wilma Bañaga of Save the Children pointed out, putting children in shelters should be the last resort. First effort should be done in community intervention and in community reintegration.
From the experience of making this story, I would suggest that follow-up stories be made, like:
1. Revisiting RA 9344. Looking back at the implementation of the law and its effectiveness or lack in addressing the needs of CICLs.
- Although child's rights advocates admit that a study is yet to be done, auditing the implementation of RA 9344, a story on this might help encourage stakeholders to seriously make this study.
2. The effectiveness of Bahay Pag-asa Centers in the rehabilitation of children in conflict with the law.
- This is long overdue, and we must know what really transpires within these Bahay Pag-asa Centers. Are the LGUs really sincere in rehabilitating our children who have lost their path, or is this another avenue for corruption.
3. Stories on former CICLs, their struggles and successes.
- This would help shed light on the situation of CICLs inside the facility, this could also give us inspiring stories of struggle, of reconciliation, and of hope.
Let me take this opportunity to express my gratitude to PREDA, to Fr. Shay Cullen, sir Frances and sir Emmanuel, Junjun and Christopher for sharing their stories, the children and staffs of PREDA; to Atty. Noemie Truya and Atty. Joan Saniel of Cebu's Children's Legal Bureau; to Ms. Wilma Bañaga of Save the Children; sir Eule Bonganay of Salinlahi; Gabriela Women's Party Representative Arlene Brosas; Fr. Geraldo Costa of the Psychological Association of the Philippines; my Bulatlat family, and Carlo Manalansan who took the beautiful photos that captured the spirit of PREDA's Bukang Liwayway Home for Boys.
Thank you and have a meaningful day.
2. The effectiveness of Bahay Pag-asa Centers in the rehabilitation of children in conflict with the law.
- This is long overdue, and we must know what really transpires within these Bahay Pag-asa Centers. Are the LGUs really sincere in rehabilitating our children who have lost their path, or is this another avenue for corruption.
3. Stories on former CICLs, their struggles and successes.
- This would help shed light on the situation of CICLs inside the facility, this could also give us inspiring stories of struggle, of reconciliation, and of hope.
Let me take this opportunity to express my gratitude to PREDA, to Fr. Shay Cullen, sir Frances and sir Emmanuel, Junjun and Christopher for sharing their stories, the children and staffs of PREDA; to Atty. Noemie Truya and Atty. Joan Saniel of Cebu's Children's Legal Bureau; to Ms. Wilma Bañaga of Save the Children; sir Eule Bonganay of Salinlahi; Gabriela Women's Party Representative Arlene Brosas; Fr. Geraldo Costa of the Psychological Association of the Philippines; my Bulatlat family, and Carlo Manalansan who took the beautiful photos that captured the spirit of PREDA's Bukang Liwayway Home for Boys.
Thank you and have a meaningful day.
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