Child Soldiers Global Report 2001 - Philippines

REPUBLIC OF THE PHILIPPINES

Mainly covers the period June 1998 to April 2001 as well as including some earlier information.

• Population:
  – total: 74,454,000
  – under-18s: 32,371,000
• Government armed forces:
  – active: 106,000
  – reserves: 131,000
  – paramilitary: 42,500 active
• Compulsory recruitment age: 18
• Voluntary recruitment age: 18
• Voting age (government elections): 18
• Child soldiers: indicated in paramilitaries and in armed opposition groups
• CRC-OP-CAC: signed on 8 September 2000; supports "straight-18" position
• Other treaties ratified: CRC; GC/API+II; ILO 138: ILO 182

• Children have been used as soldiers by armed opposition groups, some as young as 13. There are no indications of under-18s in government armed forces, although under-18s have been reported in government-aligned paramilitaries and are admitted to military schools. There is strong legislation protecting children from military recruitment.

CONTEXT

The leftist New People's Army (NPA) has fought a long insurgency in many parts of the country, although renewed peace talks had commenced at the time of publication. Islamist and secessionist armed groups have fought a long-standing armed conflict with government forces in the south of the country. After successive periods of fighting and negotiations, a split within the Moro National Liberation Front (MNLF) saw the creation of the Moro Islamic Liberation Front (MILF) and the Abu Sayyaf group. A peace agreement between government and the MNLF was signed in September 1996, but the MILF and Abu Sayyaf continued to fight. In February 2000, peace talks between the government and the MILF were broken off and the government launched a major new offensive. After intensive fighting leading to massive displacement, peace talks were set to resume in mid-2001.

GOVERNMENT

National Recruitment Legislation and Practice

The 1986 Constitution (art.II.4) states that, "The Government may call upon the people to defend the state and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service". Article XVI(4) of the Constitution provides that "the Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the State."¹⁵⁰¹

Section 51 of the National Defence Act states that "all Filipinos are liable for military service." The 1991 Act Providing for the Development, Administration, Organisation, Training and Maintenance and Utilisation of the Citizen Armed Forces of the Philippines is the legal basis for military service. Under Section 14 of the 1991 Act, registration for military service is compulsory for all men aged between 18 and 25 years of age.¹⁵⁰²

Legal protection of children from recruitment is specifically provided for in the 1991 Republic Act No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, July 1991) also provides specific protection for children in situations of armed conflict. Article X(22)(b) states "[c]hildren shall not be recruited to become members of the Armed Forces of the Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies." Children are defined in Section 3(a) of this Act as "persons below 18 years of age or those over but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition."¹⁵⁰³

The legal protection afforded to children was further clarified in 1994 with the drafting of the rules and regulations for implementing Article X of Act No. 7610.¹⁵⁰⁴ Section 3 provides that: "children shall not be recruited or employed by government forces to perform or engage in activities necessary to and in direct connection with an armed conflict either as soldier, guide, courier or in a similar capacity which would result in his being identified as an active member of an organised group that is hostile to the government forces". According to Section 1(b) of the rules and regulations 'Government forces' refers to the Armed Forces of the Philippines, the Philippine National Police and other armed groups supporting the government forces, and 'child' refers to anyone below eighteen years of age.

The Philippines National Police (PNP) has the duty to "support the Armed Forces of the Philippines on matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations.".¹⁵⁰⁵ Recruitment into the Philippine National Police is governed by the Republic Act 8551. Under Section 14 of the Act, a new applicant must be not less than 21 years of age and not more than 30. However, breach of this requirement does not constitute grounds for separation from the service. Nevertheless, according to Section 15, when the number of qualified applicants fall below the minimum annual quota, no one can be recruited into the PNP if he is younger than 20 years of age.¹⁵⁰⁶

Even though the 1991 Act provides for compulsory military training, in practice only certain groups are liable for military service. It appears that conscription has never been enforced as it is considered too expensive and the necessary intake level is achieved through voluntary recruitment. The police appear to have a strengthened role in counter-insurgency operations.¹⁵⁰⁷

Paramilitary Groups

The Citizen Armed Force Geographical Units (CAFGU) paramilitary units were created in 1987 and their members are subject to military law and regulations, receive up to a month's military training and must wear uniforms. According to 1987 government guidelines, recruitment into CAFGU is voluntary. However, as CAFGU are regarded as part of the armed forces, it is legally possible for people to be conscripted. There are no recent reports of forced recruitment into CAFGU, although this had occurred in the early 1990s, particularly for people living in areas where armed opposition was suspected.¹⁵⁰⁸ There are reports that some CAFGU members are younger than 18.¹⁵⁰⁹

In addition to the governmental armed forces, a number of private armies have been created by local leaders and landlords. In 1993, it was estimated by the authorities that there were about 562 private armies, although it is believed that more than 400 of these have since been dismantled.¹⁵¹⁰

Military Training and Military Schools

Basic military training is compulsory for all boys and girls at high school and military training is compulsory for male college and university students. This training, which is done in the ROTC (Reserve Officers' Training Corps), takes two years and must be completed in order to graduate. Trainees completing ROTC are assigned as reservists.¹⁵¹¹

The Philippines Military Academy, Fort del Pilar, Baguio City¹⁵¹² is the highest military school in the Philippines, offering a tri-service curriculum for the three branches of the armed forces. The minimum age to enter the academy is 17 years, and once a cadet has been accepted he or she becomes a member of the armed forces. Female cadets make up about 5 per cent of the total number of cadets.¹⁵¹³

Government Treatment of Suspected Child Soldiers

The Asia-Pacific Conference on the Use of Children as Soldiers was provided with information on armed "encounters" in which children as young as ten had been killed by police. Many of these took place in disputed circumstances which could amount to extra judicial executions. There have also been reports of the Nepalese Police detaining children for alleged involvement in Maoist activities.¹⁵¹⁴ On 26 May 2000, one girl aged 17 from Kailali District was killed with five other Maoist suspects in Urma village, allegedly after being wounded and captured. The six had been pursued by police following a looting incident and refused to surrender.¹⁵¹⁵

Children in areas with insurgent activity have been at risk of ill-treatment by government armed forces. Of 415 cases of child torture from 1976 to 1996, 326 involved children between 15 and 18 years of age who were "suspected of being either members of armed dissent groups or supporters/sympathisers of rebel movements".¹⁵¹⁶ Under the implementing rules and regulations for Act 7610, "a child taken into custody by government forces in an area of armed conflict shall be informed of his constitutional rights and treated humanely. He/she shall not be subjected to torture or to cruel, inhuman or degrading treatment, or used in a military operation in any capacity. The government forces shall ensure the physical safety of the child under its custody; provide him with food and the necessary medical attention or treatment; and remove him from the area of armed conflict and transfer him at the earliest possible time to higher echelons of command/office for the proper disposition." Government forces are required to inform the child's parents or guardians and relevant social workers within 24 hours of the child's transfer to a military camp and permit access to officials of the Department of Social Welfare and Development.¹⁵¹⁷

Under the Act, "Any child who has been arrested for reasons related to armed conflict, either as a combatant, courier, guide or spy, is entitled to ... (a) separate detention from adults except where families are accommodated as family units; (b) immediate free legal assistance; (c) immediate notice of such arrest to parents or guardians; (d) release of the child on recognisance within 24 hours to the custody of the Department of Social Welfare and Development or any responsible member of the community determined by the courts."¹⁵¹⁸

On 21 March 2000, several government agencies, including the AFP and PNP, signed a Memorandum of Agreement on the handling and treatment of children involved in armed conflict. The MOA specifies responsibilities for rescuing or facilitating the surrender to children involved in armed conflict; provision of physical and medical treatment; placement in protective custody; and protection from exposure to the media.¹⁵¹⁹ This initiative followed a lawsuit between the government and parents of a 17-year-old girl captured from the NPA in February 1999.¹⁵²⁰ There have been continued instances, however, of military commanders exposing captured children to the media for propaganda purposes.

OPPOSITION

Child Recruitment and Deployment

• New People's Army (NPA)

According to Government sources, the NPA had 9,463 fighters in June 1999,¹⁵²¹ and between 13 and 18 per cent of opposition forces during the past two years were children under 18.¹⁵²² UNICEF estimates that 3% of NPA members are boys and girls under the age of 18. Some 20 to 25% of new recruits are reportedly children.¹⁵²³ It is claimed that NPA cadres are generally aged between 16 and 25 years.¹⁵²⁴

Principle III of the Basic Rules of the NPA provide that: "Anyone who is physically fit, regardless of age, sex, race, nationality or religion and has the capacity to fight and ready to participate in a protracted armed struggle against the reactionary state power, may be a member of a fighting unit of the New People's Army."¹⁵²⁵ However, in the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines (including the NPA), both sides accepted an undertaking to: "provide special attention to women and children to ensure their physical and moral integrity. Children shall not be allowed to take part in hostilities."¹⁵²⁶ A Joint Monitoring Committee was created to monitor the implementation of the Agreement.¹⁵²⁷

In February 2000, the NPA announced that it would no longer accept recruits below 18 years of age. Jorge Madlos, a spokesperson for the National Democratic Front in Mindinao, said the NPA regional commands had been ordered to raise the minimum age requirement for recruits from 15 to 18. He stated that the NDF would allow children below the age of 18 to join medical teams and non-combat operations.¹⁵²⁸

In late 2000, the government claimed at least 86 NPA child combatants, aged between 14 and 17 years of age had been captured or surrendered since last year.¹⁵²⁹ In February 1999, nine suspected NPA guerrillas were killed by the armed forces, most of whom were under 18, and a 17-year-old girl was wounded and captured.¹⁵³⁰ In August 1999, Philippine troops captured five teenage NPA fighters: two girls and three boys aged between 13 and 17. All were armed with pistols or grenades and had documents produced by the NPA.¹⁵³¹ On 26 November, security forces arrested a 17-year-old boy in the city of Ligao, Albay and a 15-year-old girl in the province of Masbate.¹⁵³² In February 2000, Philippines Army Brigadier General Victor Obillo and Captain Eduardo Montealto were captured by the armed group; they claimed that 40 per cent of the NPA cadres who guarded them were children.¹⁵³³

During negotiations with the government in April 2001 (see below), a spokesperson reiterated that the NPA has "a policy ... stating that children under 18 will not be recruited to combat functions."¹⁵³⁴

• Moro National Liberation Front

The MNLF signed a peace accord with the government on 2 September 1996.¹⁵³⁵ By the end of March 1999, 2,902 former MNLF fighters had been integrated into the Armed Forces of the Philippines. Another batch of 1,929 former MNLF fighters started training on 1 April 1999.¹⁵³⁶ No specific information on the use of child soldiers by this group has been received.

• Moro Islamic Liberation Front:

This armed group, which broke away from the MNLF, reportedly numbers between 6,000 and 10,000.¹⁵³⁷ The MILF reportedly includes children from 13 years of age and up. Teachers in the central Mindanao province of Manguindanao admitted that they were aware many of their male pupils were being recruited to join the Moro Islamic Liberation Front.¹⁵³⁸ During the fighting in 2000, some youths dressed in oversized fatigues and brandishing rocket launchers had been seen manning checkpoints with older fighters in Camp Abubakar, the front's jungle stronghold.¹⁵³⁹ An ICRC survey in 1998 provided evidence of the use of children by the MILF. A male teacher, a Muslim, said that 10 of his 35 elementary pupils had been absent from class and been seen training at an MILF camp. The ICRC also interviewed rank and file MILF guerrillas who admitted recruiting young fighters, some as young as 10. They said that they were their reserve and were confined within their camps and given schooling.¹⁵⁴⁰ One such recruit, Abdul Mohammad, claimed he was only nine years of age when he was recruited by the MILF. He said that he was not afraid to die in battle since fighting is "the only way for the Bangsamoro people to stop being slaves to the Philippine government and its people."¹⁵⁴¹

According to NGO sources, MILF policy allows children as young as twelve to undergo training.¹⁵⁴² The MILF is reported to train girls as well as boys in madrasas (religious schools) and other camps. According to one MILF leader, some 300 to 500 women undergo training at Camp Bushra near Butig town in any one year, some aged between 10 and 16 years.¹⁵⁴³ Recently obtained footage of armed groups shows children holding M-16 and AK assault rifles.¹⁵⁴⁴

Although Al-Haj Murad, the MILF's military spokesman, claimed that no one younger than 18 could join a combat unit, Hashim Salamt, the MILF leader, said:"[w]e are planting the seeds of struggle in the minds of young people so that future generations will be able to fight for freedom if it doesn't come in our lifetime. We want to find peaceful solutions ... but we have to prepare ourselves to fight".¹⁵⁴⁵

• Abu Sayyaf Group

The Abu Sayyaf group has been involved in a protracted series of hostage-taking incidents in the southern Philippines. At the end of March 1999, the Southern Command of the Philippine armed forces warned about increasing recruitment by the Abu Sayyaf group; as a result, troops were deployed to the region to try to prevent young males joining the armed group.¹⁵⁴⁶ The group has been estimated to number around 1000 with local youths reportedly joining up.¹⁵⁴⁷ Evidence of child involvement with this group emerged in September 2000 when a 15-year-old was among those captured by Philippine armed forces during a raid on a mosque on the island of Jolo.¹⁵⁴⁸

• Moro Islamic Reformist Group

Another breakaway group from the Moro National Liberation Front, but there is no specific information on the use of child soldiers.

• Cordillera Peoples' Liberation Army

The Cordillera Peoples' Liberation Army is an armed group in Abra and Mountain Province which is reported to recruit children.

DEVELOPMENTS

International Standards

The Philippines signed the CRC-OP-CAC on 8 September 2000 and supports a "straight-18" position.

Peace Negotiations

During peace negotiations between the Philippines Government and the National Democratic Front (which includes the NPA) in Norway in late April 2001, government negotiators asked the opposition group as a confidence-building measure to agree "not to recruit youths under the age of 18 as soldiers nor use children in roles where their lives may be endangered." In reply, NDF representatives were quoted as claiming that the NPA observed the UN Convention on the Rights of the Child and did not use child soldiers: "There is already a policy ... stating that children under 18 will not be recruited to combat functions." The opposition group claimed government forces had both targeted children in indiscriminate attacks and falsely claimed that children captured in attacks were child soldiers for propaganda purposes.¹⁵⁴⁹

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1501 Blaustein and Flanz, op. cit.

1502 Horeman and Stolwijk, op. cit.

1503 For a more detailed implementation of International Humanitarian Law in the Philippines, see Muyot, A.T. and Yambao, V.P.F., "Steps taken to ensure implementation of international humanitarian law in the Philippines", International Review of the Red Cross, No. 834, 6/99, pp. 303-316.

1504 Rules and Regulations on Children in Situations of Armed Conflict adopted on 21/1/94.

1505 Section 3 of the Philippine National Police Reform and Reorganisation Act of 1998, Act No. 8551 adopted on 25/2/98. Available on the Internet: http://www.chanrobles.com/republicactno8551.htm.

1506 These provisions amend Section 30 of Republic Act No. 6975 establishing the Philippine National Police.

1507 Navarro, R. "Joint AFP-PNP drive urged", Manila Bulletin, 8/6/99.

1508 Horeman and Stolwijk. op. cit.

1509 Children forced onto frontlines of conflict in Mindanao by Mihael B. Benwayan, Earth Times News Service.

1510 Balencie and de La Grange, op. cit.

1511 Horeman and Stolwijk op. cit.

1512 See the unofficial web page of the Academy: http://www.pixi.com/jplaputt/.

1513 http://www.paf.mil.ph/pafweb/page86.html.

1514 Information provided to Asia Pacific Conference on the Use of Children as Soldiers, Kathmandu, May 2000.

1515 Information provided to CSC, 7/8/00.

1516 CSC update No. 7, 11/00 quoting Philippine Daily Inquirer on 10/10/00.

1517 Human Rights Forum, Philippines Human Rights Information Centre, Vol IX, No. 1, 7-12/99.

1518 Ibid.

1519 US State Department Human Rights Report. 2001. Supported by PDI Mindinao Bureau, 23/12/00; Statement by Philippines Government Representative at the Asia-Pacific Conference on the Use of Children as Soldiers, Kathmandu, May 2000.

1520 "Philippines to prevent rebels recruiting children", China Daily, 14/5/99; National Human Rights Commission of Philippines, Human Rights Solidarity, Vol 10, No 4, 4/01.

1521 "Rebel forces growing despite peace talk", AFP, 10/10/99; Statement to Asia Pacific Conference op. cit.

1522 Reuters, "Philippines government rebels say talks helpful", 28/04/01.

1523 US State Department Report 2001.

1524 Balencie and de La Grange, op. cit.

1525 Basic Rules of the New People's Army, issued by the Meeting of the Red Commanders and Fighters, March 1969 and approved by the Central Committee of the Communist Party of the Philippines, 13/5/69. See http://www.geocities.com/CapitolHill/2078/npa6.htm.

1526 Article 10, Part IV. See http://www.derechos.org/nizkor/filipinas/doc/agreement.html.

1527 Article 1, Part V of the Agreement.

1528 Ibid.

1529 Philippine Daily Inquirer, 10/10/00.

1530 Crismundo, M.U., "9 NPA suspects killed", Manila Bulletin, 24/2/99.

1531 "Five teenage communist guerrillas captured by military", AFP, 3/8/99.

1532 "Army arrests two teenage communist rebels after gun battle", AFP, 1/12/99.

1533 PDI Mindinao Bureau, 23/2/00.

1534 Reuters, "Philippines government rebels say talks helpful", 28/04/01.

1535 "Top MNLF official denies recruitment activities in Northern Mindanao", Philippines News Agency, 18/10/99.

1536 "2,902 MNLF fighters integrated to the Army. Philippines News Agency, 26/3/99.

1537 Number of MILF fighters unknown; estimates vary between 10,000 and 30,000, although it is believed to be continuing to grow in size. See Balencie and de La Grange, op. cit.; "Beharrliche Rebellen in Mindanao", Neue Zurcher Zeitung, 11/11/99. According to Philippine military intelligence, this group had 15,415 fighters in 6/99. See "Rebel forces growing despite peace talk", AFP, 10/10/99; "MILF recruitment continues", Philippines News Agency, 31/12/98.

1538 "Child Soldiers in guerrilla camp", The South China Morning Post, 19/3/9999.

1539 RB newsletter Children of War, No. 1/99, quoting Philippine Daily Inquirer, 29/1/99, see http://www.rb.se.

1540 Macaraig, M., "Philippine guerrillas ignore rules of war by recruiting", AFP, 28/1/99; "La guerrilla recrute des enfants de 12 ou 13 ans constate la Croix-Rouge, AFP, 28/1/99.

1541 RB newsletter Children of War, No. 1/98, quoting Deutsche Presse Agentur, 25/12/97 see http://www.rb.se.

1542 Human Rights Forum op. cit.

1543 Ibid.

1544 Child Labour News Service. 15/1/01.

1545 "Child Soldiers in guerrilla camp", The South China Morning Post, 19/3/99.

1546 "Southcom says Sayyaf recruitment a desperate move. Philippines News Agency, 26/3/99.

1547 www.rb.se quoting Far Eastern Economic Review, 7/9/00.

1548 CSC Update No. 7/11/00.

1549 Reuters, "Philippines government rebels say talks helpful", 28/04/01.