Child protection in armed conflict

Policy and international-human-rights framework

Section 2 establishes the State policy to provide special protection to children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their development, taking into account gender, cultural, ethnic and religious background.
Section 2 requires full implementation of protection under the United Nations Convention on the Rights of the Child (UNCRC), its Optional Protocol on the involvement of children in armed conflict, and other core human rights treaties including:
- International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- ILO Convention No. 182 (prohibition and immediate action for the elimination of the worst forms of child labor);
- the Geneva Conventions of 1949 and the additional protocols ratified by the Philippines;
- CEDAW General Recommendation No. 30; and
- the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
Section 2 requires implementation that takes into account the United Nations Guiding Principles on Internal Displacement, UN Security Council resolutions related to children affected by armed conflict, including UNSCR No. 1820 on Women, Peace and Security, and other pertinent instruments.
Section 2 mandates respecting children’s human rights at all times and treating children as dignified rights-holders entitled to protection from degradation, humiliation, maltreatment, exploitation and assault.
Section 2 makes the best interests of the child paramount and treats all children involved in, affected by, or displaced by armed conflict as victims.
Section 2 requires all feasible measures to prevent the recruitment and use of children in armed conflict and to ensure effective implementation and enforcement of the Act.
Section 2 directs the State to address root causes of armed conflict, including poor governance, issues of injustice and widespread poverty and economic inequity, that involve, affect, or displace children.
Section 2 requires recognizing the State’s primary role in effective protection and relief, ending impunity, and prosecuting those responsible, especially for grave child rights violations in armed conflict.
Section 2 requires ensuring the right of children affected by armed conflict to participate in policies, actions, and decisions concerning their rescue, rehabilitation and reintegration.

Coverage, interpretation, and key definitions

Section 3 provides that the Act applies to all children involved in, affected by or displaced by armed conflict.
Section 3 provides that applying the Act does not affect the legal status of any party to the armed conflict.
Section 4 provides that the Act must be interpreted in a manner that does not preclude more conducive provisions in existing Philippine laws, international human rights laws, related instruments, and international humanitarian laws.
Section 5 defines “Child” as either:
- a person below eighteen (18) years of age; or
- a person eighteen (18) years of age or older who cannot fully take care of and protect oneself from abuse, neglect, cruelty, exploitation or discrimination and cannot act with discernment because of physical or mental disability or condition.
Section 5 defines “Armed conflict” as armed confrontations between government forces and one or more armed groups, or between such groups in the Philippine territory, including activities that lead to or are undertaken in preparation for armed confrontation or armed violence that put children’s lives at risk and violate children’s rights.
Section 5 defines “Children involved in armed conflict (CIAC)” as children who are forcibly, compulsororily recruited, or who voluntarily joined a government force or armed group in any capacity, participating directly as combatants/fighters or indirectly through support roles including scouts, spies, saboteurs, decoys, checkpoint assistants, couriers, messengers, porters, cooks, or as sexual objects.
Section 5 defines “Children in situations of armed conflict” as children involved in armed conflict, children affected by armed conflict, and internally displaced children.
Section 5 establishes multiple operative terms, including abduction of children, acts of gender-based violence, armed group, attacks on schools/hospitals/places of worship/child development or day care centers, camps, child protection, extrajudicial killings, false branding, false reporting of a child in custody, food blockade, grave child rights violations, hamleting, humanitarian access, humanitarian assistance, internally displaced children, killing of children, maiming of children, parents, rape, recruitment, release of children, school, and zone of peace.

Children’s rights and zones of peace

Section 6 declares children as “Zones of Peace” and mandates treatment according to policies in Article X, Section 22 of Republic Act No. 7610.
Section 6 provides that treating children as Zones of Peace extends beyond territorial or geographical boundaries and focuses on the child’s rights at all times, especially in armed conflict or violence.
Section 6 assigns responsibility to resolve armed conflict to promote the goal of children as Zones of Peace, requiring community, governmental authority, and appropriate religious leadership to preserve peaceful integrity, exemplify mutual respect and nonviolent behavior, and share resources to further peace and cooperation.
Section 7 gives children in situations of armed conflict rights including:
- right to life, survival and development;
- special respect and protection against abuse, neglect, exploitation and violations, especially in armed conflict;
- treatment as victims, consistent with the Act and other applicable laws, within restorative justice, social rehabilitation, and promotion of protection;
- protection from direct or indiscriminate attacks and violence, especially from grave child rights violations under Section 9;
- protection from recruitment and participation in armed conflict, including protection from torture or cruel, inhuman or degrading practices that compel compliance or punish noncompliance with recruitment or participation;
- protection from maiming, torture, abduction, rape and killing, especially extrajudicial killing;
- immediate safe access to essential and adequate services: food and nutrition, shelter and housing, clothing, water/sanitation/hygiene, health services (including essential drugs/medicines/vaccines, minimum initial service package for reproductive health, and professional evaluation and intervention), education (including religious and moral education), early childhood care and development, psychosocial support and social services, with services being child-specific and gender-sensitive;
- freedom of thought, conscience, religion or belief, opinion and expression; freedom to associate and participate equally in legitimate community affairs; and communication in a language they understand even in armed conflict and during displacement/evacuation;
- humane treatment without adverse distinction founded on race, color, religion or faith, Sexual Orientation, Gender Identity and Expression (SOGIE), birth, wealth, or similar criteria;
- protection from being interned or confined in camp;
- care, protection and assistance tailored to condition and needs for the injured, wounded and sick, persons with disabilities, separated and unaccompanied children, and expectant/lactating mothers, including counseling and prevention of infectious diseases and Mental Health Psychosocial Support Services;
- right to be with families, especially mothers, during evacuations and in evacuation centers;
- right to be reunited with families when separated due to armed conflict;
- privacy and confidentiality in all proceedings;
- non-discrimination;
- liberty of movement and freedom to choose residence, including free movement in and out of evacuation centers or settlements for internally displaced children and their families subject to existing rules and regulations and other government directives;
- special rights of internally displaced children and their families to leave the country, seek safety elsewhere, seek other service providers, seek asylum in another country, and be protected against forcible return to resettlement where life, safety, liberty or health would be at risk;
- right to obtain necessary documents, with the State duty to expedite issuance/replacement of documents without unreasonable conditions or discrimination based on gender;
- access to justice including free legal aid when filing cases against perpetrators;
- protection of family properties and possessions in all circumstances; and
- right to be consulted and participate in matters affecting them, with views of children (and families/communities) to be sought whenever feasible during assessment, planning, implementation and evaluation for rescue, rehabilitation and reintegration.
Section 7 provides that the enumerated rights do not hinder the application of other constitutionally and statutorily recognized rights consistent with the best interests of the child.

Prevention requirements and state programs

Section 8 mandates that the State take all feasible measures to prevent the recruitment, re-recruitment, use, displacement of children or grave child rights violations against children involved in armed conflict.
Section 8 requires the State to take all necessary measures to ensure effective implementation and enforcement of the Act.
Section 8 specifically requires the State to:
- prioritize children’s issues in government peace programs and include children’s concerns in peace negotiations;
- mainstream peace education programs and promote a culture of peace and nonviolence in formal and nonformal settings;
- provide educational assistance (formal or alternative learning system) that is child and culturally sensitive, including equal education for girls regardless of status as mothers or wives;
- develop and implement training programs and campaigns promoting a culture of peace, respect for human rights, and international humanitarian law with civil society collaboration;
- provide capacity building on Local Governance and Community Development and ensure participation of the Local Councils for the Protection of Children, including children’s and people’s organizations, in consultation and decision-making and in developing and implementing community programs and activities;
- establish livelihood programs available in all affected areas;
- make basic health services available in health facilities in all affected areas, including culturally-sensitive nutrition programs and supplementary feeding, and efforts to support traditional health practices in indigenous peoples’ areas;
- establish basic facilities and infrastructure needed;
- ensure child protection mechanisms are present and functional; and
- establish a comprehensive, effective and efficient system for monitoring, reporting, and response for violations provided under Section 9.

Prohibited acts, penalties, and criminal liability rules

Section 9(a) makes it unlawful to commit grave child rights violations including:
- killing of children;
- torture committed against children, including torture defined by Section 4 of Republic Act No. 9745;
- intentional maiming of children; and
- rape of children and other forms of sexual violence.
Section 9(a) provides that imprisonment and fines apply for subparagraphs (1), (2), (3), and (4) of Section 9(a): imprisonment and a fine of not less than PHP 2,000,000.00 but not more than PHP 5,000,000.00.
Section 9(b) prohibits additional grave child rights violations, including:
- cruel, inhuman and degrading treatment or punishment committed against children (including acts enumerated in Section 5 of Republic Act No. 9745);
- abduction of children;
- causal maiming of children;
- taking children as hostages or using them as human shield;
- recruitment, conscription or enlistment of children into government forces and other armed groups;
- acts of gender-based violence against children;
- refusal or denial of humanitarian access or assistance to children;
- use or involvement of children involved in armed conflict in any capacity (as defined in Section 5(i)); and
- attacks on schools, hospitals, places of worship, evacuation centers and settlements, and other public places such as recreation parks, playgrounds and malls.
Section 9(b) provides that conviction for acts under Section 9(b)(1) to (9) carries imprisonment of not less than fourteen (14) years but not more than twenty (20) years, and a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00.
Section 9(c) provides a penalty rule when crimes under Section 9(b) resulted in the killing, torture, maiming or rape of children: the imposed penalty shall be that of Section 9(a).
Section 9(d) makes unlawful the following acts:
- hamleting;
- food blockade;
- intentional delayed reporting of a child in custody;
- false reporting of a child in custody;
- false branding of children or labeling children as children involved in armed conflict; and
- arrest, arbitrary detention or unlawful prosecution of children allegedly associated with armed groups or government forces.
Section 9(d) provides that conviction for acts under Section 9(d)(1) to (6) carries imprisonment of not less than six (6) years but not more than twelve (12) years, and a fine of not less than PHP 500,000.00 but not more than PHP 1,000,000.00.
Section 9(e) subjects parental accountability in children-in-armed-conflict situations to Presidential Decree No. 603, Republic Act No. 7610, Republic Act No. 9208, Republic Act No. 9231, Republic Act No. 9851, and Republic Act No. 10364, when the involvement of the child is due to parental action or inaction, the parent directed or ratified involvement, the child acted as the parent’s agent or servant, or the child was entrusted a dangerous weapon or instrument.
Section 10 penalizes non-implementation or violation of the Act or its implementing rules:
- A public officer who knowingly and maliciously prevents, prohibits, refuses or discontinues implementation, or violates in any way when duty to implement exists, is punished by imprisonment of not less than six (6) years but not more than twelve (12) years and perpetual absolute disqualification from public office.
- A public officer who prevents/prohibits/refuses/discontinues or violates by reason of inexcusable negligence or ignorance is punished by imprisonment of not less than one (1) month but not more than six (6) months and temporary special disqualification from public office.
- The liable public officer is held administratively liable under existing applicable laws in addition to imprisonment.
- Any person who deliberately commits any other prejudicial act not covered by Section 9 is punished by imprisonment of not less than six (6) months but not more than six (6) years.
Section 11 requires forfeiture: the court shall order forfeiture of proceeds, property and assets derived directly or indirectly from crimes defined and penalized under the Act, without prejudice to rights of a bona fide third party, and shall impose corresponding accessory penalties under the Revised Penal Code, especially when the offender is a public officer.
Section 11 clarifies that liabilities under the Act do not prejudice additional existing criminal, civil, and administrative liabilities.
Section 12 provides that crimes defined and penalized under the Act, prosecution, and execution of sentences are not subject to any prescription.
Section 13 states that the Act applies equally regardless of official capacity; official capacity cannot exempt a person from criminal responsibility or reduce sentence.
Section 14 imposes superior responsibility when the superior knew or should have known of subordinate commission and failed to take necessary, legitimate and reasonable measures to prevent or repress, or failed to submit the matter to competent authorities.
Section 15 provides limited effect of superior orders: obedience to a superior order does not relieve criminal responsibility unless:
- the person was under a legal obligation to obey the superior,
- the person did not know the order was unlawful, and
- the person acted under duress or coercion.
Section 15 further provides that orders to commit grave child rights violations in Section 9 are manifestly unlawful and are punished under the Act and other applicable laws.
Section 16 deems an “unknown superior” provision: when crimes are committed pursuant to an order or command of an unknown superior, any person who in fact directed others, spoke for them, signed receipts and documents issued in their name, or performed similar acts on behalf of the armed groups is deemed the superior.

Courts, prosecution, investigations, and age/guardian safeguards

Section 17 assigns jurisdiction: Family Courts have original and exclusive jurisdiction over crimes punishable under the Act.
Section 17 requires designation of prosecutors or investigators by the CHR, DOJ and its attached agencies, the PNP, or other concerned law enforcement agencies, depending on the case.
Section 17 mandates the State to ensure training for designated judges, prosecutors and investigators on human rights (including UNCRC and its Optional Protocol), International Humanitarian Law, International Criminal Law, and national guidelines/protocols on handling and treatment of CIAC.
Section 18 creates a presumption of minority: the child involved in, affected by or displaced by armed conflict enjoys all rights of a child under the Act unless proven to be at least eighteen (18) years of age or older.
Section 18 establishes age determination evidence: birth certificate, baptismal certificate, or other pertinent document; absent documents, age may be based on the child’s information, testimonies, physical appearance, and other relevant evidence such as dental records.
Section 18 commands that in case of doubt as to age, it is resolved in favor of treating the person as a minor.
Section 18 allows a person contesting age prior to filing of information to file a summary proceeding for age determination before the Family Court, which must decide within twenty-four (24) hours from receipt of pleadings of all interested parties.
Section 18 requires filing a motion to determine age in the same court when a case is pending; it suspends proceedings on the main case pending hearing on the motion.
Section 18 directs law enforcement officers, prosecutors, judges and other government officials to exert all efforts to determine the child’s age.
Section 19 requires victim and witness protections beyond existing law, including:
- court measures protecting safety, physical and psychological well-being, dignity and privacy, with due regard to age, gender, health, and the nature of the crime, especially where sexual or gender-based violence or violence against children is involved;
- privacy protection and confidentiality consistent with existing rules on examination of child victims and witnesses;
- consideration of the child victim’s views and concerns when personal interests are affected, consistent with established rules of procedure and evidence; and
- prosecutorial ability to withhold evidence/information that could prejudice security of the child, witness or family, by submitting a summary consistent with the accused’s right to a fair and impartial trial.
Section 20 requires reparation measures consistent with restitution, compensation and rehabilitation, considering damage, loss or injury suffered, and authorizes the court to order reparations directly against the convicted person, after inviting and taking account of representations from or on behalf of the convicted person, child victims, or other interested persons.
Section 21 grants immunity from suit for assistance providers: a person taking custody of CIAC to ensure safety or provide assistance is exempt from civil, criminal and administrative liability, provided that within forty-eight (48) hours the person reports custody to the LSWDO, the PNP, or the barangay office.

Rehabilitation, reintegration, rescue, release, custody procedures

Section 22 mandates that the State institute policies, programs and services for rescue, rehabilitation and reintegration of children in situations of armed conflict through civilian local and national government agencies in partnership with nongovernment organizations.
Section 22 requires rescue/rehabilitation/reintegration programs to include psychosocial support, health and nutrition, education, livelihood for families, and other necessary basic or legal services.
Section 22 requires program interventions to respect the culture of each child, family and community; it also requires that children receive legal assistance and physical security upon rescue.
Section 22 requires that regardless of perceived association with either side, children benefit from all available medical, psychosocial, legal, shelter and educational response mechanisms for victims of armed conflict.
Section 22(a) requires Rescue measures to facilitate recovery (voluntary or involuntary) of children from armed groups or government forces and provide legal and physical security, including family tracing and referral/response on psychosocial services needed.
Section 22(b) requires Rehabilitation measures by civilian agencies and civil society to facilitate normal development post-involvement, including therapeutic counseling, security and protection, educational assistance, and livelihood opportunities to parents/relatives/guardians or the victims when they become of age.
Section 22(c) requires Reintegration measures to bring children back to families or communities whenever possible, involving alternative parental care, community readiness training, healing and reconciliation processes with communities, and interventions respecting children’s opinions; for indigenous peoples’ children, reintegration must recognize traditional community structures and institutions.
Section 23 requires the State to take all feasible measures to ensure recruited or used children are demobilized, dissociated or released from government forces or armed groups.
Section 23 provides that release activities must be initiated independent of any negotiated peace agreements.
Section 23 imposes release duties on concerned agencies coordinated with stakeholders:
- develop a child-specific release program that does not require surrender of arms by CIAC;
- monitor and document CIAC status undergoing formal or informal release;
- facilitate data and information sharing between government and nongovernment organizations to update status and assess needs, respecting privacy, security, and confidentiality of records;
- mobilize and strengthen referral networks;
- provide free legal assistance to released CIAC, including prohibition or stoppage of filing charges or dismissal of cases against CIAC as criminal or political offenders regardless of association with any armed group or government force; and
- ensure formal release of CIAC through approaches including advocacy and through the Government Peace Negotiating Panel (GPNP) and others, while always observing the best interests of the child.
Section 24 requires child-friendly and sensitive treatment for CIAC who are rescued, taken into custody, or surrendered.
Section 24 requires safety and security and prohibits tactical interrogation or similar investigation methods, especially by police and military.
Section 24 mandates procedures:
- protect CIAC identity; keep identifying information confidential;
- prohibit use for political propaganda and prohibit unnecessary media exposure violating privacy, security and confidentiality;
- require immediate reporting within twenty-four (24) hours by agencies or NGOs in possession of CIAC to LSWDO, LCPC, and CWC;
- require LSWDO or LCPC coordination for custody handover to DSWD;
- require handover to LSWDO within twenty-four (24) hours, but allow handover within the next seventy-two (72) hours only when not possible within the prescribed twenty-four (24)-hour period due to valid reasons and without fault of the person having custody;
- require LSWDO to facilitate family tracing and coordinate to inform parents/relatives/guardians of the handover;
- require LHO, in coordination with LSWDO, to check and assess medical and physical condition and ensure medical services/treatment where medical needs are apparent;
- require LSWDO assessment and referral for immediate assistance or appropriate services;
- require LSWDO to require parents, in court opinion, to undergo counseling or other intervention advancing the welfare and best interests of the child, with relevant agencies providing social welfare and social protection interventions to ensure family support, reintegration and rehabilitation when necessary;
- require LSWDO, in coordination with other agencies, to enter CIAC into child-specific reintegration programs; and
- require reintegration into community and reunion with family, or placement into a conflict-free foster community or institution if reintegration to original community is not feasible due to CIAC security, and require reorientation toward civilian life when children remain with family/community and maintain close ties.

Government and NGO coordination structures

Section 25 provides that the Inter-Agency Committee on Children Involved in Armed Conflict (IAC-CIAC) created by Executive Order No. 138 is renamed Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC).
Section 25 provides that IAC-CSAC is chaired by the CWC and includes as members:
- AFP; CHR; DILG; Department of Health; DepEd; DOJ; DND; DSWD; LGUs; NCIP; NCMF; OCD; OPAPP; PCW; PNP; and two (2) civil society organizations.
Section 25 mandates that child-focused NGOs take active part and continually strengthen their programs and capabilities to deliver protection.
Section 25 requires all GOs and NGOs, including those identified, to provide counterpart support including technical, logistical and financial assistance relative to implementation, consistent with mandates and existing accounting and auditing rules and regulations.
Section 25 requires programs to be participatory and ensure involvement of children, their communities, NGOs, faith-based organizations or groups, and other concerned groups.
Section 26 requires IAC-CSAC to ensure international instruments are considered as actions taken, including:
- formulate guidelines and programs (coordinated with concerned agencies) for handling CIAC and monitor/document capture, surrender, arrest, rescue or recovery by government forces;
- conduct human rights training, advocacy and information campaigns and capability building of LGUs;
- implement a monitoring, reporting and response system for grave child rights violations in situations of armed conflict; and
- work closely with concerned agencies to coordinate and monitor implementation of the enhanced CSAC program framework.

Monitoring, reporting, and congressional oversight

Section 27 requires the State, through IAC-CSAC, to ensure implementation and submit an annual report to the President and Congress.
Section 27 requires IAC-CSAC, through the CWC, to maintain and improve the database established by Executive Order No. 1S8 for monitoring and reporting children in situations of armed conflict.
Section 27 requires the monitoring system to include demographic data disaggregated by sex, age, disability and ethnicity.
Section 27 authorizes the CWC to hire additional personnel to complement its secretariat for functions under the Act.
Section 34 establishes