The Philippines’ main Muslim separatist group has agreed to stop recruiting child soldiers and return those in its ranks to civilian life, a United Nations official said Friday.

Radhika Coomaraswamy, special representative of the Secretary-General for Children and Armed Conflict, revealed that during her talks with MILF leader Mohagher Iqbal, the MILF has committed to enter an immediate action plan with the UN to stop the recruitment and use of children as soldiers by totally separating the young ones from their ranks and helping them return to civilian life.

“The MILF gave its word that they will direct their commanders in the field immediately,” Coomaraswamy said in a press conference held at the Discovery Suites Hotel in Ortigas.

Officials of the 12,000-strong MILF, which has been fighting for a Muslim homeland in Southern Mindanao since 1978, met with Coomraswarmy as part of her mission to discuss ways to stop recruitment of children by armed groups in this country.

Coomaraswamy visited the country on the request of the UN Security Council to discuss ways and means of securing the release of children being recruited by the MILF, New People’s Army and the al-Qaeda-linked Abu Sayyaf group. She met with government officials, such as Executive Secretary Eduardo Ermita, Presidential Adviser on the Peace Process Hermogenes Esperon, among others.

A United Nations Children’s Fund-commissioned study on children and women released on April showed that the MILF has been recruiting children in their ranks since the Philippine government declared an all-out war against the rebels in 2000 because of poverty, lack of access to basic social services, influence of their families, peers and community members. The MILF assuming custodial role for orphans whose parents are killed in the war is also a factor.

MILF practice

Young Muslim children undergo training by the MILF when they reach the age of puberty—13 to 14 years old for boys and 11 to 12 for girls. Aside from combat operations, these children are also “tasked to carry out patrols, perform sentry duty, prepare food and provide medical assistance.”

During her visit, the Philippine government issued an order strictly prohibiting the recruitment of anyone below the age of 18 into pro-government paramilitary units, Coomaraswarmy said Friday, the last day of her tour.

The UN official added that she was considering “possible dialogue,” with the 5,000-strong communist New People’s Army (NPA), which has been waging a Maoist rebellion since 1969.

The MILF and the NPA have both been accused of recruiting children into their ranks. Previously, both groups insisted the children joined willingly and served as spies, couriers or aides.

Asked on how confident they are that the MILF would fulfill such promise, Coomaraswamy said she believes that the fact that the MILF wants to be legitimized is a good sign.

“The MILF does not view their group as rebels, but as leaders of their province. As such, they would want to be removed from the terrorist list that’s for sure,” Coomaraswamy pointed out. “We maintain a good faith in them.”

She added that the UN sanctions stated in the UN Security Council 1612 that include freezing of assets, travel bans and embargoing of arms are a clear warning.

Share of the blame

But the identified rebel groups don’t have to take all the blame.

The UN also scored the Philippine government for allowing children to be involved in the paramilitary Civilian Armed Forces Geographical Units and Community Volunteer Organizations operating in conflict areas.

“We told them that they should also investigate their ranks for violations against children,” she said. “They immediately agreed to immediately issue a directive that will compel all local units to strictly adhere to the existing national legislation that no one under 18 shall be tapped for such service.”

The UN official also recognized that while the Philippines has a strong framework of laws on children and armed conflict, its implementation is yet to be strengthened.

She complimented the government in the upcoming amendment of Republic Act 7610, which would exclude the prosecution of children arrested for reasons related to armed conflict.

“RA 7610 should be amended so that children who are arrested for reasons related to armed conflict will be spared from punishment,” she said. “They [children] are victims, not perpetrators.”

Zones of peace

Republic Act 7610 cites children as zones of peace, and therefore, should not be recruited to become members of the Armed Forces of the Philippines, its civilian units or any other armed groups nor be allowed to be used as guides, while Republic Act 8371 prohibits the recruitment of children of indigenous cultural communities into the armed forces under any circumstances.

Republic Act 9208 provides sanctions against child engagement in armed conflict here and abroad, while Republic Act 9231 seeks the elimination of child labor that includes commissioning children to armed groups.

Fighting slammed

Coomaraswarmy deplored the recent surge in fighting between government forces and MILF guerrillas in southern Philippines which has forced thousands of children to flee to overcrowded evacuation centers.

She also insisted for the government to investigate those within the Philippine security forces who are allegedly responsible for violations against these children.

“Children are affected in multiple ways by the conflict in the Philippines. However, they should remain zones of peace and all the parties to the conflict, civil society, religious leaders and the government must consider their protection as a priority,” she said.

The MILF action comes after the United States in October made it a federal crime for rebel groups in the Philippines and 16 other countries to recruit or to use soldiers under the age of 15.

–AFP And Llanesca T. Panti

A ranking United Nations official said yesterday the Moro Islamic Liberation Front (MILF) has committed to stop its practice of recruiting and using children in combat operations.

A statement from the Office of the Presidential Adviser for the Peace Process quoted visiting UN Special Representative of the Secretary-General for Children and Armed Conflict Radhika Coomaraswamy as saying that the MILF “will enter into an action plan with UNICEF to stop the recruitment and use of children in combat.”

Coomaraswamy made the announcement during her talk with Presidential Adviser on Peace Process Secretary Hermogenes Esperon Jr. at the latter’s office in Pasig City.

She had just returned from a trip to Central Mindanao where she observed first-hand the various measures undertaken by the Philippine government in the protection of children in armed conflict areas, the statement said.

“The primacy purpose of this visit, requested by the (UN) Security Council, was to discuss ways and means of securing the release of children being recruited by the MILF and the New People’s Army (NPA),” she added.

The UN official welcomed the decision of the MILF to comply with the Security Council’s recommendations.

She said the Secretary-General for the use and recruitment of children lists these armed groups.

The MILF and the NPA have both been accused of recruiting children into their ranks. Previously, both groups insisted the children joined willingly and served as spies, couriers or aides.

During her meeting with Esperon and other government and military officials, Coomaraswamy raised concerns on the alleged involvement of children in the paramilitary Citizens Armed Force Geographical Unit and Community Volunteers Organizations operating in some conflict areas.

She said the government has assured her to immediately issue a directive for all local units to strictly adhere to existing national legislation that no one under 18 years old shall be recruited as child soldiers.

She cited the importance to improve the child protection provisions in the ongoing peace progress with various rebel groups.

She welcomed the proposed amendment to Republic Act 7610 that would exclude from prosecution children who are arrested for reasons related to armed conflict, considering them as victims instead of perpetrators.

Esperon assured Coomaraswamy that the government would exert all efforts to protect children involved in armed conflict areas in the country.

Coomaraswarmy deplored the recent surge in fighting between government forces and MILF guerrillas in Mindanao, which has forced thousands of children to flee to overcrowded evacuation centers.

The MILF action comes after the United States in October made it a federal crime for rebel groups in the Philippines and 16 other countries to recruit or to use soldiers under the age of 15.

She said that talks with the MILF will start by next year but admitted that they have yet to find ways to engage the NPA and Abu Sayaff Group for a similar task of freeing the children among their ranks.

Coomaraswamy called on the Arroyo government to undertake targeted interventions with the assistance of UN agencies, particularly the UNICEF, on the management of camps that have children to ensure water and sanitation, health, food security, psycho-social support and protection of civilians.

Meantime, a church-based group has documented incidents of children who are victims of human rights violations and exploited women who have been tortured in detention centers in the country.

The Catholic Bishops’ Conference of the Philippines’ official news service provider CBCPNews said that the People’s Recovery, Empowerment Development Assistance Foundation (PREDA) aims to inform the public on the true plight of children and women in prison.

– Katherine Adraneda, Evelyn Macairan, Non Alquitran, Paolo Romero

THE United Nations and the Moro Islamic Liberation Front will start next year their talks on an action plan to stop the recruitment of children as soldiers.

Radhika Coomaraswamy, special representative of the Secretary General for Children and Armed Conflict, revealed this yesterday during a press conference in Ortigas, Pasig City.

“The primary purpose of this five-day visit, requested by the Security Council, was to discuss ways and means of securing the release of children being recruited by the MILF and New People’s Army,” Coomaraswamy said.

She said these armed groups MILF, NPA and the Abu Sayaff Group are listed by the Secretary General as recruiting and using children.

However, the UN representative welcomed the decision of the MILF to comply with the Security Council recommendations to free up the children among their ranks.

“Possible dialogue with NPA is under consideration in the context of ongoing peace process,” she stressed.

In her five day visit, Coomaraswamy met with the Philippine government and raised concerns regar-ding alleged involvement of children in the parami-litary Citizens Armed Force Geographical Units and Community Volunteer Organizations operating in some conflict areas.

The government, through the Office of the Presidential Adviser on the Peace Process, agreed to immediately issue a directive that all local units must strictly adhere to existing national legislation that no one under 18 shall be recruited or used.

The Special Representative of the UN Secretary General also urged the government to take all the necessary measures to investigate and take firm action against those within the Philippines Security Forces allegedly responsible for grave violations against children.

Coomaraswamy said the talks with the MILF will start by next year but admitted that they have yet to find ways to engage the NPA and ASG for a similar task of freeing the children among their ranks.

But she expressed hope that in the coming days or months, they can find a way to talk with the two groups so they can engage them.

The UN representative welcomed the upcoming amendment of RA 7610, as it would exclude from prosecution children who are arrested for reasons rela-ted to armed conflict.

THE lawyers of the 17-year-old housemaid who was beaten up by actress Princess Revilla, sister of Sen. Ramon “Bong” Revilla, included the recruiter and the actress’ girl Friday in the charged sheet.

This after volunteer lawyers Yvonne Gaddi Festejo and Irene Alogoc filed charges against Ruth Bajas, recruiter of the housemaid and Ethel Avenido, the assistant of Princess, before the Pasig City Prosecutor’s Office late afternoon yesterday.

The lawyers said charges of violation of Republic Act 7610 (Child Abuse), and Republic Act 9231 (Child Labor), and physical injury charges were also filed against the two.

The same charges were already filed against Princess.

Meanwhile, Princess failed to appear before the Pasig court yesterday as her lawyer represented her and asked the court for a five-day extension to file her counter-affidavit.

On the other hand, the mother of the housemaid who was accompanied by her lawyer Atty. Cirilo Avila also appeared before the prosecutor’s office to file manifestation in intervention asking the court to transfer the custody of the child to her mother.

Avila, said they are asking the court to disallow and not authorized the DSWD and the victim’s lawyers to represent the housemaid due to an alleged unauthorized representation.

The earlier questioned the sudden appearance of the victim’s mother apparently to convince her daughter to withdraw the charges against the actress.

Atty. Alogoc, also believed that there are influential people who want to get their hands on this case and are giving too much pressure on the lawyers and the officials of the DSWD who are now protecting the victim.

“This battle is against a prominent family, which makes it difficult for the victim and us. We need all the support we can get. We hope that this case will not have the same fate as the previous cases filed against Revilla, where the maids did not appear on the scheduled hearings for unknown reason,” Atty. Alogoc said.

Alogoc was reacting to the incident that happened last July 14, 2008 during the preliminary investigation of the criminal cases filed against Revilla before the office of Piscal Dennis Pastrana at the 7th floor of Pasig City hall of Justice.

Alogoc said that the victim’s mother Herminia Arota, 56, suddenly appeared and rushed to her side and grabbed the victim with two arms by the neck.

“Huwag mo ng ituloy ang kaso laban kay Princess. Umuwi na tayo ng Samar,” the mother reportedly shouted in Waray to her daughter.

However, the victim also shouted in Waray saying: “itutuloy ko ang kaso hindi ako uuwi ng Samar hangga’t hindi tapos ang kaso.”

Alogoc said that the mother even prevented her daughter to take her oath on the supplemental complaint as she prevented her from standing up and repeatedly saying to withdraw the case against Revilla.

Contrary to the claim of the mother and her niece Mary Bacayo,31 that they were treated as criminals when they tried to talk with the victim, the lawyer disclosed that it was the mother and Bacayo who started the commotion when they tried to grabbed the victim from the DSWD possession.

The lawyer said that they doubted that someone is instructing the mother and Bacayo to cause disturbances during the hearing and make the DSWD appear as aggressors.

Atty. Alogoc was also skeptical where the victim’s relatives took their money in going to Manila as they all know that the victim was coming from a poor family.

However, Atty. Avila explained that a non-government group was financially supporting the victim as he was also not asking for any fee from the victim’s mother.

ORANI, Bataan — Four persons, including a minor, were arrested by police authorities for allegedly operating a cybersex den Saturday.

Supt. Warren F. de Leon, chief of Bataan CIDG, said members of the Bataan CIDG and  the Provincial Police Office, accompanied by DSWD personnel, nabbed Omar John Pinili, 22, Lawrence Aquino, 19, Ian Aquino, 19, and a male minor in a suspected cybersex den in Barangay Talimundoc.

Seized from the suspects were a laptop computer, a desktop computer set, a digital hardware drive, two broadband routers, a printer, a web cam, a headphone and a record book.

The four face charges of violation of the Anti-Trafficking Persons Act in relation to RA7610 or the Anti-Child Abuse law.

QUERY:

Last year, my thirteen-year-old daughter left for the capital-town of our province to look for work in order to pursue her studies. Because she was pretty she was hired as a guest relations officer in a hotel. Her job, however, prevented her from studying as she had to work virtually the whole day. Worse, she had to entertain guests in their rooms.

When I learned about this, I visited her to advise her to find another job. The hotel manager prevented her from leaving, saying she signed a three-year contract with them. Can the hotel management compel my daughter to continue working because of the contract? Is there a way for my daughter to be released from the contract?

Dalmacio E.

Response:

Your query elicits an affirmative answer. The contract she entered into is defective, she being a minor.

The Civil Code provides that “unemancipated minors“ cannot give consent to a contract (Article 1327). Thus, the subject contract is voidable. Parenthetically, the phrase “unemancipated minors” refers to persons who have not reached the age of majority—as such, they are still subject to parental authority. By the way, a voidable contract is one that possesses all the essential requisites of a valid contract, but has a defect or vice in that the consent is vitiated where one of the parties—like your young daughter—is incapable of giving consent thereto. Thus, the same can be the subject of annulment.

Considering that your daughter is dutybound to entertain the hotel guests in their rooms, it is possible that she was required to engage in immoral activities. If this is the case then it can be said that the contract also lacks an essential element, i.e., lawful cause. On this score, the Civil Code also provides, inter alia, that contracts with unlawful cause produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. (Article 1352) If this is the case then the contract she entered into may be treated as void. Article 1409 clearly provides that a contract is inexistent and void from the beginning if its “cause, object or purpose is contrary to law, morals, good customs, public order or public policy.”

For your information, we have a law, R.A. 9231 (which amended Republic Act No. 7610) the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act,” which provides special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. Under the law, children below 15 years old should not be employed—this is subject only to a few exceptions—and with the further condition that:

1. the employer should ensure the protection, health, safety, morals and normal development of the child;
2. the employer should institute measures to prevent the child’s exploitation or discrimination, taking into account the system and level of remuneration, and the duration and arrangement of working time; and
3. the employer should formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills-acquisition of the child.

In these cases where a child may be employed, the employer should first secure, before engaging such child, a work-permit from the Department of Labor and Employment to ensure the observance of the above requirements. The term “child” applies to all persons under eighteen years of age.

The law also prohibits the employment of children in the worst forms of child labor. “Worst forms of child-labor” refer to:

• All forms of slavery, as provided for in the Anti-Trafficking in Persons Act of 2003, or practices similar to slavery, such as sale and trafficking of children, debt-bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed-conflict;
• The use, procuring, offering, or exposing of a child for prostitution, for the production of pornography or pornographic performances;
• The use, procuring, offering, or exposing of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
• Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children.

For your information, complaints on case of unlawful acts committed against children may be filed by the following: (a) Offended party; (b) Parents or guardians; © Ascendant or collateral relative within the 3rd degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the DSWD; (f) Barangay chairman of the place where the violation occurred or where the child is residing or employed; or (g) At least 3 concerned, responsible citizens where the violation occurred.

The family courts have jurisdiction over all cases involving offenses punishable under RA 9231. However, in cities or provinces where there are no family courts, the regional trial courts and the municipal trial courts have concurrent jurisdiction.

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Above all things, let us reflect on what our Lord and Master Jesus Christ said: “Take care to guard against all greed, for though one may be rich, one’s life does not consist of possessions.” (Luke 12:15)

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esmabutas@yahoo.com

Poverty has many faces. Hunger, out-of-school youth, illegal settlers. One of the most invidious however is making children work to help support their families.

It is the right of children to be nurtured, to go to school, to play, to be nourished and have fun and grow up and have a normal childhood. It is the duty of families, government and society at large to provide the wherewithal, resources and services for the children to have food and sustenance, education, recreation, safe environment—and all else needed to ensure their well-being.

The National Statistics Office estimates that there are 4 million child laborers in the country as of 2004, an 8-percent increase from 3.7 million in 1996. More than half are engaged in the worst forms of child labor, while around 30 percent, or 1.25 million of these working children are not attending school. Many of the children are compelled to work in crop plantations, mining, quarries and factories. These illegal and immoral practices are being openly done with the tacit knowledge of their parents and the shameful individuals and businesses which employ them.

The International Labor Organization says that the Philippines have a long history of legislation that protects the rights and welfare of children. The Labor Code of the Philippines, which was enacted into law in 1974, set the minimum age of employment at 15 years and prohibited the employment of persons below 18 years of age in hazardous undertakings. Presidential Decree No. 603 (The Child and Youth Welfare Code) allows the employment of children aged 16 years and below only if they perform light work, which is not harmful to their safety, health or normal development, and which is not prejudicial to their studies. Strict guidelines were laid down on their rates of pay, hours of work and other conditions of employment. An employment permit also has to be secured from the Department of Labor.

Following the spirit of the 1987 Constitution, national and local legislation have given priority to the protection of children from abuse and exploitation. There is the 1992 Republic Act No. 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act). This was amended in 1994 thru Republic Act No. 7658 reaffirming the minimum age of employment to 15 years, and 18 years and above for hazardous work. Republic Act 7160 (The Local Government Code of 1991) includes provisions for the proper development and welfare of children at the basic political level, the barangay. It enjoins local officials to promote and support activities for the protection and total development of children, particularly those below seven years of age, and adopt measures to prevent and eradicate drug abuse, child abuse, and juvenile delinquency.

These are just some of the laws but in spite of them, child labor continues. A child advocacy group sums up this malaise effectively: “We regard the youth as the future movers of our country. They will inherit the pride and heritage which has been earned by the sweat, blood and tears of our ancestors. Thus, they must be entitled to the proper preparation to lead this country. And we firmly believe that in forcing these very children to give all of that up just to be able to put food on their families’ tables puts that same future in grave danger.”

“The government and society, in their own respectful way, are willing to aid in the solution to this problem. But it is a fact that it is not as simple as passing new laws but in the fortification of proper implementation. It is therefore imperative for all people of this nation to voice out this concern and to be willing to truly usher in the solution to this ever-growing plight.”

The author teaches at the De La Salle Professional Schools Ramon V. del Rosario Sr. Graduate School of Business. He acknowledges the inputs of two of his students in the above column. He welcomes comments at dennis.berino-@dlsps.edu.ph.