PROTECTION

Protection

Despite many laws, policies and programs that promote peace and order as well as explicitly support the right of the youth to be protected against all forms of discrimination, exploitation and abuse, young people remain extremely vulnerable to various forms of violence.  For example, data from the Philippine National Police showed that the number of reported rape victims in the country reached 24,636 during the last decade.  In 1999 alone, 3,164 cases were recorded by the PNP, and that most of the cases involved females aged 12 to 19. (HAIN, February 2000)

On the other hand, whether in education, health or employment, young women consistently experience discrimination.  They are usually the first to give up schooling when their families are faced with financial problems.  In the workplace, they generally receive less pay compared to their male counterparts; they are the last to be hired and the first to be fired, the last to be regularized or promoted, and the most prone to unwanted sexual advances from male superiors and co-workers.   Young women also have the highest unmet reproductive health needs.

Among the different sub-sectors of youth, however, it is the Youth with Special Needs that is deemed requiring of special protection due to the extremely difficult conditions they face on account of dire poverty and social discrimination.

The results of the Regional Youth Summits conducted last September 2001 highlight the following top protection issues of the youth:

·         Youth engaged in substance abuse

·         Child abuse

·         Child labor

·         Children in conflict with the law

·         Prostitution

·         Increasing number of fraternities/sororities and hazing rites

·         Pre-marital sex.

The table below presents the regions affected by the various issues expressed by the youth:

Details on the responses of the youth participants per issue and region can be seen in annex B.

Indigenous youth

Indigenous youth experience various forms of marginalization. They are forced into subsistence living and suffer from disease, malnutrition, high mortality rates and poor sanitation.  The indigenous youth’s education needs “are not fully addressed by the formal school system...most schools are located in the lowlands [and] the structure of the public school system has not accommodated the economic activities of the tribes such as hunting, planting, sowing and harvesting.  Thus, many indigenous youth are forced to drop out of school in order to help their families.” (NYC, 1998)

There are two vital issues raised by participants of the Regional Youth Summits concerning the indigenous youth. One issue mentioned the lack of opportunities for the youth in tribal communities. Youth representatives from Region 1, 4 and 6 expressed that youth from ethnic communities are not being given ample opportunities to reach their full potentials (e.g. education). Indigenous youth also live in poverty in the rural areas (6). The lack of opportunities for these youth results in their further discrimination and marginalization (3, 9, 10, CARAGA).

The second issue raised by the participants is the discrimination of the indigenous youth. Representatives from Region 3 maintain that some students from indigenous communities are being discriminated in the schools (3). Scholarship grants given to members of indigenous tribes are hardly accessible and are usually given through political endorsements. Scholarship grants are also minimal in proportion to the number of applicants (CAR). In the CAR region, there is also a marked discrimination among Cordillera women to the extent that the women would prefer to stay home rather than go to school (CAR). CAR youth participants also said that indigenous students are often “labeled”.

The Subanens of Zamboanga del Norte and Sur also experience severe discrimination (9). According to the accounts of the youth from Region 9, some Subanen women were raped by military officials and robbed of their food.

Youth from various regions also expressed a deep concern regarding the changes happening to their environment. The development of lands for industrial and mining purposes (e.g. the Zamboanga City Economic Zone and the continuous mining operations in some areas) displace indigenous peoples from their ancestral lands and pushes them to further marginalization and poverty (9). Youth participants from Region 11 further maintained that the Indigenous Peoples Rights Act (IPRA) is not properly implemented.

The issues of the indigenous youth were particularly articulated by Youth with Special Needs.

Youth in Situations of Armed Conflict

A 1992 study by the Citizens’ Disaster Response Center (CDRC), estimated that children in situations of armed conflict (CSAC) – which included those aged 15-17 – made up 50% of the civilian population in war-torn places; 50,632 children were said to have been caught in war situations. For the period 1992-95, CDRC cited Mindanao as having had the most number of displaced families at 94,306 made up of the following regions: (NYC, 1998)

Summary of Cases of Displacement by Region:  1992-1995

The same CDRC study indicated that “young victims of armed conflict belong to the poorest sector of Philippine society [and] armed conflict aggravates their situation of poverty, hunger, poor health, and meager education.”  Many suffered from various diseases and psychological trauma, and as far back as 1992, at least, there were already reported cases of children being mobilized as couriers and child-soldiers.

In August 2000, the DSWD reported 38 cases of forcible recruitment involving 21 male and 17 female youth.  Of these, only 13 had some elementary education, two had no schooling and only one claimed to have reached high school.  The only available estimate of the total number of child-soldiers in the Philippines puts the number at about 50,000.  (WB, 2001)

Participants of the Regional Youth Summits maintain that there is a rapid increase in the recruitment of children/youth by rebel groups. In Region 6, youth participants expressed that rebel groups enlist the services of children as young as 16 years old in their operations. Children and their families are given money in exchange for their services (6,9). Due to poverty, the children are forced to take the money and become part of the armed struggle. In Region 9, the youth are among suspected Abu Sayaf followers.

Wars have devastating effects on the lives of children (2, 6, 9,10,CAR). Youth participants in the CAR region narrate that due to armed conflicts in the Cordilleras, many of them are forced to stop going to school. Some were also forced to stop working. The war has damaged crops and properties and residents are forced to evacuate from their communities. Youth from the CAR region also said that they could not even go out of their homes due to the tribal wars in their communities (di makapasyal dahil sa tribal war).

In Region 9 situations of armed conflict have greatly distressed the children. Youth representatives from Basilan convey that they are traumatized when they see their relatives arrested by government troops because of mere suspicion of being members of the Abu Sayaf.  The youth representatives in Region 3 were quick to add that the government has no long term program for the victims of war.  There are also no existing rehabilitation centers for children in armed conflict (CAR).

The issues of Youth in Armed Conflict were particularly raised by the Youth with Special Needs in various regions.

Youth with Disabilities

A 1997 report cited by the World Bank counted 500,000 Filipino children and youth – or 1% of the total child and youth population – as disabled.  On the other hand, government figures are much lower:  the 1995 Census on Housing and Population put the number of disabled youth aged 15-29 at 136,514 and that this even represented a decrease from 1990 figures of 165,564.  The 1990 Census also showed that orthopedic handicap, mental retardation, mental illness, speech impairment and blindness were the top five disabilities plaguing the youth. (NYC, 1998)

Youth with disabilities are frequently discriminated, according to youth participants from Region 6, CARAGA and NCR. They are marginalized not only in the communities but also in the family. Youth with disabilities are not given the proper support, opportunities (e.g. education) and attention by the government (1, 4, 6, CAR). Facilities for differently-abled youth are lacking and inaccessible (10, CAR). The issues of youth with disabilities were primarily articulated by the Youth with Special Needs in several regions.

Young victims of natural disasters and calamities

While government has recorded the number of families affected by natural disasters and calamities over the years, there is no available data on the number of youth affected and the extent of damage inflicted on them

Children in Conflict with the Law

A delinquent youth is defined as a child “below 18 years old and who committed a misdemeanor but whose case is not filed in court.” There is no recent data on the delinquent youth, although some figures point to their increasing number.  In 1989, there were 8,176 youth who entered the juvenile justice system; however, in the first quarter of 1997 alone, there were already 9,009 youth who had been provided with mediation and diversion measures by DSWD’s social workers. (NYC, 1998)

A youth offender is described as “a youth who is found guilty by the court of the commission of an offense after his ninth but before his eighteenth birthday, whether or not he is emancipated in accordance with law.” Youth offenders constitute an increasingly significant section of the total inmate population. (NYC, 1998)  In June 1996, the Bureau of Corrections reported that out of a total of 18,353 inmates, 27.76% or 5,095 inmates came from the 19-24 age group.  In 1997, the Parole and Probation Administration reported to have supervised 18,247 youth offenders, 41.56% of which committed crimes related to prohibited drugs.  The DSWD, for its part, provided community and center-based rehabilitation services to 30,377 youth offenders from 1994-1997.  The types of crimes commonly committed by youth offenders are crimes against property, crimes against persons and crimes against chastity.

Despite their growing number, the problems and needs of youth offenders were not effectively addressed for reasons such as lack of separate detention cells, meager subsistence allowance, lack of adequate program rehabilitation, and slow resolution of cases in court.   For instance, in 1995, of the 232 young offenders interviewed by the Philippine Action for Youth Offenders, 79.8% were detained alongside adult offenders.  In May 1997, the Bureau of Jail Management and Penology had 1,148 jails without separate cells for youth offenders nationwide.

Results of the Regional Youth Summits show that juvenile delinquency and youth engaged in various crimes (e.g. rape, theft, robbery) are on the rise (1, 3, 4, 5, 6, 8, 9, 12, CAR, CARAGA, NCR). Many issues have been articulated by the youth with regards to the situation of children in conflict with the law in the country today.

Youth from Region 3 believe that the Philippines have a poor justice system. This is evident in the improper handling of cases of children in conflict with the law (3, CAR, NCR). One issue raised by the youth in CAR and NCR is the lack of competent PAO lawyers to handle the cases of the children. Children who have committed crimes are also not informed of the status of their cases by their lawyers (CAR).

Children in the jails are being maltreated and abused according to CAR and NCR youth representatives. In the jails in CAR, youth offenders are used as masseurs (taga-masahe) or errand boys of adult inmates and jail guards. Some of them are even asked to wash the clothes of inmates (pinaglalaba ang mga preso) (CAR). If the children are new in the jail, they are hit 5 times by the inmates (pinapalo ng limang beses) as a form of initiation (CAR, NCR). Some children are also slapped with slippers and robbed of their clothes (hinuhubaran at kinukuha ang damit) (NCR). The children say that the social workers do not know that these things are happening to them in the jails because the social workers don’t really stay in the jails (NCR).

While congestion is a big problem in the jails, the lack of separate detention facilities for minors is also a cause for concern. Youth offenders in the jails in CAR are mixed with hardcore criminals because there are no appropriate centers for them. This is not good for the children because they learn vices and bad values from adult offenders.

CAR youth representatives said that there is also a lack of meaningful activities for incarcerated youth. Youth offenders inside jails often have nothing to do.

The lack of rehabilitation centers for juvenile delinquents and youth offenders is also an important issue for the youth in NCR. NCR youth believe that rehabilitation centers must be established to help youth offenders and juvenile delinquents to lead better lives.

Other issues raised by the youth with regards to the situation of youth offenders in the country are: a) the difficulty in looking for a job once you are released from prison (CAR); b) the legality of arrests done by the police (9); c) long periods of detention/rehabilitation (NCR) and d) the lack of follow up of the DSWD with regards to the suspension of sentence of children who have cases in court (CAR). The issues of children in conflict with the law were particularly raised by the Out-of-School Youth.

Youth engaged in substance abuse

(drugs, alcohol, smoking, addiction to computer games)

Statistics on the number of drug dependents from 1983 to 1992 showed that drug use was most prevalent in the 15-24 age group, while those aged 15-29 accounted for 86% of the total number of cases.  Males consistently outnumbered females in terms of drug use, although drug use by females in the age bracket of 15-19 began to rise in 1993. (NYC, 1998)

The 1996 SWS survey on youth estimated that 1.6M Filipinos aged between 15 and 30 years have tried illegal drugs and 1.3M claimed to have sold illegal drugs; the Dangerous Drugs Board also reported that 68% of the 4,476 cases admitted to rehabilitation centers for that year belonged to the 15-34 age bracket.  By 1997, the number of illegal drug users among the youth increased to 2.1M. (NYC 1998)  A later survey showed that shabu and marijuana were the most used drugs across all age groups, with other commonly abused drugs being Corex-D, Robitussin-AC, rugby, trazepam and novaine. (ESCAP 2000)

In 1999, the DDB reported 4,938 new admissions to various rehabilitation centers, a 15.38% increase from 4,267 in 1998.  Despite the absence of data on the proportion of youth drug dependents among these admissions, we can safely assume that percentages remain high. (NEDA, April 2001)

A nationwide, school-based 2000 Philippine Global Youth Tobacco Survey (PGYTS) participated in by 11,630 high school students (sophomores to seniors) revealed that 42.8% of students have tried smoking, 21.6% are current smokers, and about 26.5% are likely to start smoking next year.  In addition, about 30% of all adolescents aged 13-15 in the urban area smoke, with 40% of boys and 19% of girls aged 10-14 being frequent smokers.

According to the UP Population Institute’s study, “Adolescent Sexuality in the Philippines,” 60% or 5.2M youth (4.2M – males; 1M – females) are said to be drinking alcoholic beverages.  Most of the teenagers, aged 12-17, have tried cigarettes, alcohol and drugs. About 37% of them continued the habit of drinking alcohol, 32.8% claimed to drink only on special occasions, and only 17% said they have decided to stop the vice. (HAIN, July 2000)

Participants from the Regional Youth Summits are disturbed by the alarming increase in the number of youth engaged in substance abuse, particularly the use of prohibited drugs (1, 2, 3, 4, 5, 6, 8, 9, 11, 12, CAR, CARAGA, NCR). Even the youth of tribal communities, like the Yakans of Tipo-tipo Basilan are affected by the drug menace (9). Drug addiction is a particular concern of all categories of children, but especially of the In-School and Out-of-School Youth.

The youth are not only users of drugs but pushers as well. In Region 9, participants said that 6 SK officials in Zamboanga del Norte were found to be positive drug users. Relatives of some SK officials were also found to be well-known drug dealers in the area (9).

Representatives of the Working Youth from Region 6 are alarmed by the increasing number of employees who report to work under the influence of drugs. They say that many youth engage in drugs due to the lack of livelihood programs in the barangays. The youth in the communities have nothing to do so they use drugs to pass the time. Youth representatives from Region 6 and NCR also reiterated that abortion and pre-marital sex are problems caused by drug addiction. The proliferation in the use of prohibited drugs is due to the improper enforcement of the anti-drug law and the lack of awareness of the youth on the harmful effects of substance abuse (6).

Many youth also engage in other vices like smoking and drinking alcohol (1, 4, 9, 11, 12, CAR). Youth participants from Region 9 and CAR maintain that the media influences them to engage in smoking and drinking. The commercials they see on television tempt them to smoke and drink. It does not also help that sari-sari stores in the communities sell cigarettes and alcohol to minors (CAR, 9). Peer pressure and curiosity are seen as important factors as to why the youth engage in vices like smoking and drinking (CAR).

Playing computer games is also fast becoming a favorite pastime of the youth. Youth representatives from Region 1 and 3 are concerned by the increasing number of high school students addicted to computer games. There is a proliferation of computer outfits near schools that tempt children to play computer games the whole day instead of concentrating on their studies.

Abused/exploited youth

The DSWD categorizes ‘abuse and exploitation’ into incest, rape and acts of lasciviousness, while ‘sexual exploitation’ takes the form of pornography, pedophilia and prostitution. In 1997, sexual abuse topped the list of reported cases with 2,231 cases, followed by physical abuse at 888.  Rape was identified as the most common form of sexual abuse (42%), followed by incest (41.7%) and acts of lasciviousness (15%).

As regards sexual exploitation, various studies show that back in 1986 there were already as many as 20,000 sexually exploited children – excluding those abused by family members or by neighbors – and that by 1992, the number of sexually exploited or prostituted children had reached 40,000.  Most of these children were found in major cities such as Metro Manila and Metro Cebu.  Other statistics from 1995 showed that 96% of sexually exploited youth were female. The male youth were usually victims of pedophiles; about 75% of these victims came from Region 4.  The highest incidence of sexual exploitation occurred among children aged 13-15 (37%), while the 7-18 age bracket accounted for 87% of total cases.

Latest reports show that the total number of victims of child abuse served by DSWD decreased to 10,749 in 2000 (or a decrease of 9.2% from the 11,845 total victims served in 1999).  The number of sexually abused children was placed at 5,047 or 47% of total victims provided with social services.  Under this type of abuse, 54.9% were victims of rape, while 31.7% were victims of incest.  On the other hand, sexually exploited children represented 2.1% of the total victims of child abuse reported to the DSWD; of the 225 cases, 78.4% were victims of prostitution, 17.6% pedophilia and 4% pornography.  Meanwhile, there were 42 victims of child trafficking in 2000, as against the 85 victims reported in 1999.  (NSCB, 2001)

Youth in the various regions (1, 2, 3, 4, 5, 6, 8, 10, 12, CAR, CARAGA, NCR) are distressed by the increase in child abuse happening in the community and in the family. Child abuse is a particular concern of all categories of children in most regions. The types of abuse cited are physical and emotional violence in the family/community (3, 4, 5, 6, 8, 12, CAR, CARAGA) and sexual abuse (1, 6, 10).  Incest cases are also on the rise as youth participants expressed that many children are fast becoming sexual victims of their own fathers and relatives (1, CAR).

Problems in the family appear to have a big impact in the lives of the youth. Youth representatives from CAR said that they feel fear when they see their parents quarrelling and feel traumatized by it.

Children in the NCR region believe that the alarming increase in child abuse cases in the communities/families is due to the fact that child abuse laws are not properly enforced. Youth participants from Region 3 maintain that victims of child abuse are not given the proper attention by concerned agencies. They feel that there is a lack of social workers to assist child abuse victims (3).

In-School Youth and Youth with Special Needs are alarmed by the escalation of sexual abuses committed against their fellow minors (1, 3, 4, 6, 8, 9, CAR, NCR). Youth participants from Region 1, 3, 6, 9 and NCR expressed that school administrators are sexually harassing youth in the campuses. Some youth are also being sexually harassed in the workplace by their employers and colleagues.

Participants from Region 1, 4, 9, CAR and NCR have also articulated the rising number of rape cases committed against the youth. In CAR some cases of rape are observed but are often not reported. Youth participants are appalled by the fact that even barangay officials are guilty of raping minors in their communities (CAR).

Street youth / Street children

There are conflicting statistics on the total number of street children/youth in the country.  The World Bank points to an estimated 225,000 street children, with about half living in Metro Manila (2001), while government put the number at 1.5M, although it was not known how many of these street children came from the 15-30 age group. (NYC, 1998)

Two studies on street children show that, among others, 1) most migrated from the provinces with their families to find employment, 2) others stowed away or migrated to the city on their own, for reasons such as abuse within their household, neglect and brutality of parents, loss of home or parents, and 3) majority had some schooling but were forced to stop due to financial difficulties.

That street children live a hazardous life is an oft-repeated observation that has been verified by various studies.  For example, a 1996 study conducted among street youth showed that the respondents’ sources of income were vending/selling (32.36%), begging (20.07%), scavenging (9.27%) and illegal activities like gambling, snatching and stealing (1.52%).  Also, 39.97% admitted to use of prohibited drugs and 23.75% to engaging in adolescent sexual activities.  Over 50% of the respondents were school drop-outs, while another 31.06% had no schooling at all.

Participants of the Regional Youth Summits have articulated the problems and concerns of street children (2, 5, 6, 8, 9, 11). According to the youth representatives of Region 6, children are supposed to enjoy their childhood at home and in school. They should not be begging in the streets. Region 11 participants expressed that street children lack educational opportunities.

Abandoned and neglected youth

The Child and Youth Welfare Code defines an abandoned child as “one who has no proper parental care or guardianship, or whose parents or guardians have deserted him/her for a period of at least six months”; on the other hand, a neglected child is “one whose basic needs have been deliberately unattended or inadequately unattended.”

To this category belong the “transnational children,” or those born out of relationships between Filipinos and foreign nationals.  Numbering to 8,488 by 1997, more than 80% are Amerasians, while 4% were Japanese-Filipino.  These children are often the subjects of discrimination on account of being born illegitimate or of mixed parentage.  Furthermore, such mixed-race marriages/relationships often ended in separation, thereby leaving many of the children/youth without support.  The DSWD extends livelihood assistance, skills training, education, medical/health services and alternative family care to this sub-sector.

As for other types of abandoned/neglected/orphaned children and youth, in 1996 the DSWD placed 2,343 in adoption.  In 1995, 2,788 were given childcare and placement services, while 3,436 were given protective services.

Child labor

Child labor is an issue of particular concern to the Working Youth. In the regional consultations, youth participants reiterated the need to prevent the exploitation of youth workers all over the country (1, 2, 4, 5, 6, 8, 9, 10, 11, 12, CAR, NCR). In CAR, child labor is evident as many children are seen peddling goods along the Hilltops of Baguio.

Many youth labor in hazardous working conditions.  In CAR, children toil in the farms where they are exposed to harmful chemicals like pesticides and fertilizers (9, CAR). The Working Youth are also paid low wages (CAR, 9). Since most of them are minors, their employers easily exploit them.  Child laborers also experience discrimination. Female youth workers in particular are paid lower wages than male youth workers (CAR).

Youth from Region 9 expressed that there is an increase in the number of illegal recruiters in the provinces. These illegal recruiters look for young victims who are easily coaxed to work abroad.

The youth participants from Region 4 believe that “children are supposed to be in school studying, rather than working”. It is a fact that children nowadays are forced to work to augment meager family incomes. Although children helping their parents to earn a living are laudable (“matulunging bata”), youth from Region 6 expressed that it becomes appalling when the responsibility of parents to provide for the family is solely delegated to the children.

Many youth in NCR believe that there is an absence of laws that will prevent the exploitation of child workers. Child labor issues are also not being properly monitored to prevent the abuse of the Working Youth (NCR). There is a felt need to legislate new laws and strengthen existing labor laws to protect the rights of child/youth workers all over the country.

Fraternities / Sororities / Hazing Rites

In-School Youth in the various regions are alarmed by the escalation of campus violence initiated by fraternities and sororities in the schools (1, 3, 5, 6, 8, 9, 10, 12, CAR, NCR). These groups conduct dangerous hazing rites (1, 3, 10, 12, CAR, NCR) that have claimed the lives of many young students. Participants from Region 6 said, “fraternities/sororities should be eliminated because it only gives students a wrong notion of sisterhood and brotherhood”.

Gambling

Gambling is an issue of utmost concern for youth in the various regions (1, 3, 5, 6, 8, 9, CAR). According to youth participants from Region 6, parents and children engage in all forms of gambling. Gambling is a primary concern of Out-of-School and Working Youth.

Gangs

The presence of gangs has greatly disturbed the peace and order in the communities (2, 5, 6, 12, CARAGA, NCR). Out-of-School Youth are worried by the escalation of violence in the communities due to gang wars (2, 12, CARAGA, NCR).

Prostitution

It is disheartening to see that prostitution is rapidly increasing in the various regions. Participants expressed that many of the youth nowadays engage in prostitution (2, 4, 6, 8, 9, 10, 12, CARAGA, NCR) to earn easy money (4, 6, 9, 10, 12, NCR). The money they earn is used to sustain their vices and provide for their families. The issue of prostitution is a particular concern of In-School, Out-of-School and Working Youth in various regions.

Demolition of Urban Areas

Youth participants from Region 5 highlighted the issue on the demolition of urban settlements (no details were given in the documentation).

Pre-marital sex

The issues of pre-marital sex, the rise in teenage pregnancies and induced abortions have alarmed the youth in the various regions (1, 2, 3, 4, 5, 9, 10, 11, CAR, NCR). These concerns were particularly raised by In-School and Out-of-School Youth. Youth from NCR maintained that the issue of pre-marital sex contributes to the problem of early marriages of the youth and the increase in population growth. Region 3 youth participants believe that improper sex education results to sexual abuse and pre-marital sex.

In Region 11, minors engage in free sex in exchange for food and acceptance into a group. This is what they call the “Buntog phenomenon.”

Discrimination

The Filipino youth experience various forms of discrimination. In-School Youth and Youth with Special Needs have voiced their concern on the prejudices against the youth in various situations. Discrimination is felt in the differences in gender, religion, region, education and socio-economic status (2, 3, 4, 6, 8, 9, 11, 12). In-School Youth from Region 3 expressed that students from tribal communities are often discriminated. In CAR, youth representatives say that there are discriminations against gender and against youth with disabilities.

Limited information on Rights

Youth with Special Needs from Region 1 feel that the youth of today lack information on their rights.

Violence in media/pornography

In-School Youth participants from Region 8 expressed their concern on the rise of pornography and violence portrayed in media.