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

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.

THE Department of Labor and Employment on Tuesday issued an advisory clarifying the issuance of work permits and certificates for minors aged between 15 to 18 years old.

Acting Labor Secretary Arturo Sodusta issued the advisory in response to numerous queries received by the department from employers and workers about work certificates and permits for the employment of minors.

The acting labor chief said the advisory clarifies that issuance of the Labor department’s certificates to minors between 15 to 18 years old, before being employed, is not required by law.

Sodusta added that no employer shall deny minors the opportunity to seek employment merely on the basis of lacking a certificate or permit for eligibility to work, as issued by the Labor department.

The acting labor chief said minors may present a copy of the department’s advisory to any employer, job provider or government authority when seeking employment or during employment.

He also explained that the advisory reiterates that the employment of young persons between 15 to 18 yrs old maybe allowed subject to the conditions and prohibitions of Republic Act 9231 and the Labor Code.

The advisory that was issued by the labor department, Sodusta said, is in pursuant to the provisions of the Labor Code of the Philippines and R.A. 9231, and is consistent with Department Order No. 65-04.

R.A. 9231, Sodusta said, also defines the work hours of child workers, which is eight hours a day and in no case will go beyond 40 hours a week.

As to work at night, that law states that “a child 15 years of age but not below 18 shall be allowed to work between 10 in the evening to six in the morning of the following day.”

The acting labor chief said that department order no. 65-04, clarifies prohibitions, like the employment of children in advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling and any other form of violence.

The acting labor chief said the advisory also states that no employer shall hinder the young person’s education and learning opportunities.

Nilinaw ng Department of Labor and Employment (DOLE) na pinapayagan nang magtrabaho ang mga kabataang nasa edad 15 hanggang 18 taon, kahit pa wala silang work certificates at permits mula sa departamento.

Ang paglilinaw ay gi­nawa ng DOLE bilang tugon sa mga idinudulog sa kanilang katanungan ng mga employer at mga kabataan hinggil sa work certificates ng mga nasa pagitan ng 15-18 anyos na nais nang makapagtra­baho upang makatulong sa kani-kanilang pamilya.

Sa ipinalabas na Department Advisory 01-08 ng DOLE, nilinaw nito na hindi inoobliga sa ilalim ng batas ang pagkuha ng DOLE certificates ng mga nasabing kabataan bago sila makapagtrabaho.

Ayon kay acting Labor Secretary Arturo Sodusta, dahil dito, hindi dapat na ipagkait ng mga employer ang oportunidad sa mga kabataang nais na magtra­baho nang dahil lamang sa wala silang bitbit na DOLE work permit.

Pinayuhan rin naman ni Sodusta ang mga kaba­taang nasa nabanggit na edad na kumuha ng kopya ng DOLE advisory number 01-08 na maaari nilang gamitin at iprisinta sa mga kompanya na kanilang pinag-aaplayan ng tra­baho.

Ayon pa kay Sodusta, ang mga kabataang nasa edad 15 hanggang 18 ay pinapayagan na ng DOLE na makapagtrabaho bas­ta’t masusunod ang mga kondisyon na isinasaad sa ilalim ng RA 9231 o An Act Providing for the Elimination of the Works Forms of Child Labor and Affording Special Protection for the Working Child) at ang isinasaad ng Labor Code.

Sa ilalim aniya ng RA 9231, walang kabataan ang maaaring pagtraba­huhin sa pagitan ng 10 ng gabi at 6 ng umaga.

Kailangan din umanong mahigpit na sundin ang walong oras lamang na pagtatrabaho sa isang araw para sa mga kaba­taan at hindi lalagpas ng 40 oras kada linggo.

Alinsunod pa rin umano sa nasabing batas, kina­kailangang kumuha ng work permit ang mga kaba­taan na mas bata sa 15 taong gulang na nais mag­trabaho, na pinapayagan sa exceptional situations.