Philippines
Practice Relating to Rule 135. Children
The Rules for Combatants (1989) of the Philippines provides: “All civilians, particularly … children … must be respected.”
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
While not in combat:
…
4. Do not allow any person below 18 years old to take part in the armed conflict. Children shall be considered as zones of peace and shall enjoy the protection of the State against dangers arising from an armed conflict. Children shall not be recruited or employed by the government forces to perform or engage in activity necessary to and in direct connection with an armed conflict either as a soldier, guide, courier or in a similar capacity which would result in his being identified as an active member of an organized group that is hostile to the government forces.
…
8. Inform the troops that a child taken in custody by government forces in an area of armed conflict should be informed of his/her constitutional rights and shall be treated humanely. Some of [these] basic rights are “the right to remain silent”, “the right to be presumed innocent until proven guilty”, “the right to be notified of the charge,” “right to counsel”, “right to presence of parents or guardian”, and the “right to confront and cross examine witnesses.”
…
After an engagement:
…
8. Immediately transfer child custody to the PNP [Philippine National Police]. In case a child is taken into custody by the AFP [Armed Forces of the Philippines], the military commander concerned shall immediately transfer custody over said child to the nearest stations of the Philippine National Police, preferably to the Child and the Youth Relations (CYRS/CYRO) unit thereof. However, never forget to demand receipt from the PNP.
In 1993, in its initial report to the Committee on the Rights of the Child, the Philippines stated:
200. The Special Protection Act declares children as “Zones of Peace”. This Act provides that children shall not be the object of attack and shall be the object of special respect. They are to be protected from any form of threat, assault, torture or other cruel, inhuman or degrading treatment. …
201. In any barangay where armed conflict occurs, the barangay chairperson shall submit to the municipal social welfare and development officer the names of all children residing in the barangay within 24 hours of the start of the conflict. …
…
203. In any case where a child is arrested for reasons related to armed conflict, he or she shall be entitled to … immediate full legal assistance, …
204. In support of the Special Protection Act, the Armed Forces of the Philippines issued in 1991 a memorandum order specifically on the protection of children during military operations.
…
206. Children who are lost, abandoned or orphaned as a result of an armed conflict are referred to the local Council for the Protection of Children or to the Department of Social Welfare and Development. All efforts are undertaken to locate the child’s parents and relatives. Arrangements are made for the temporary care of the child by a licensed foster family or a child-caring agency.
In 2007, in its report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, the Philippines stated:
67. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.
…
196. The government acknowledges that the imperative for the country’s military units to receive education and training along the lines of child protection and child rights must also be pursued.
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide: “The government shall undertake appropriate measures so that the schooling of children evacuees shall not be prejudiced.”
The Act on Child Protection (1992) of the Philippines provides that children should be given priority during evacuations resulting from armed conflict.
The Philippines’ Republic Act No. 9344 (2006), the Juvenile Justice and Welfare Act of 2006, provides:
Every child in conflict with the law shall have the following rights, including but not limited to:
…
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release.