Cebu City Practices in Implementing Restorative Justice Programs and Community Diversion

Restoring Hope and Dignity to Children in Conflict with the Law

Multi-Stakeholders Summit on Juvenile Justice with City Mayor Rodrigo R. Duterte

By: Mr. Antonio C. Auditor Executive Director FREELAVA, Inc.

Background:
a. Strong and active Cebu City Task Force on Street Children - a network of 27 NGOs headed by Ms. Margot Osmea; chaired the task force since 1986;

b. City Ordinance creating the Cebu City Commission for the Welfare and Protection of Children, a multi-sectoral commission - supervises and monitors all programs and services for children especially the functionality of the Barangay Council for the Protection of Children;

Background

c.

City Council which is very supportive of the programs and services for children including those managed by NGOs, the private sectors and faith-based organizations; d. Federation of Gender and Development Focal Persons which is composed of GAD Focal Officers;

Background

e.

the city has a data base system for monitoring and updating childrens situation (although not complete); and Country Program for Children (CPC) program site or beneficiary of UNICEF.

f.

Rationale for Implementing Alternative Programs for CICL

a. the population of our children in jails were increasing and due to lack of separate facilities, majority of them were mixed with adult criminals; b. most of the children languishing in jails were charged of petty offenses where cases are clogged-up in courts; many of them were jailed for an average of 3 months before they were called for arraignment;

Rationale for Implementing Alternative Programs for CICL

c. conditions of our jail facility at that time were sub-standard and support for rehabilitation was inadequate or in many instances, none at all; d. we had no separate justice system that would treat CICL as children, different from adults;

Rationale for Implementing Alternative Programs for CICL

e. we had inadequate recovery and reintegration services and strategies for former CICL the moment they go back to their homes and communities; and f. gangs and gang wars were starting to be more frequent which at all times we discovered, involved also some of our former offenders and those children at risks.

Starting the Work on the Ground:

a. A functional Barangay Council for the Protection of Children is important
b. Prioritize barangays with high proportion of children in population and high incidence of crime involving children c. Willingness of local officials to cooperate with the program

Starting the Work on the Ground

d. Structures have to be put in place (i.e. Childrens Justice Committees)

e. Organizing and training of peer educators, community volunteers and outreach educators f. Policy advocacy and networking g. Organizing and training of peer educators, community volunteers and outreach educators

Starting the Work on the Ground

h. Enhancing policy advocacy and networking

i. Engaging the participation of former offenders

j. Mobilizing the parents and guardians of CICL through small group discussions (pulong-pulong)

k. Institutionalization of the programs for sustainability

Initial Results:
a. Raised the awareness of the community on the rights of CICL while parents realized their roles and responsibilities to their children b. Rates of offending among children declined c. As of 2006, more than 700 cases were settled through the diversion program

Initial Results

d. Population in Operation Second Chance went down e. Sensitized Barangay Tanods and Local Officials in dealing with CICL f. Volunteers and peer educators became more active g. Increased active community participation and support

Cebu Citys Responses to RA 9344:

a. A Technical Working Group was organized b. Followed-up the cases of CICL confined at Operation Second Chance c. Conducted series of orientations about the law (RA 9344) with local officials, Social Workers, Police Officers

Cebu Citys Responses to RA 9344

d. Strengthened the police diversion program and provided support to Balay Pasilungan e. Training of local officials in implementing the community-based diversion program f. Held dialogues with SK Chairmen and GAD Focal Persons g. Hired additional City Social Workers

Cebu Citys Responses to RA 9344

h. Training on conflict management, mediation and others i. Supported existing childrens organizations j. Dialogues and training of parents and guardians of former CICL k. Reprogrammed the operations of Operation Second Chance

Lessons Learned:
a. Support of local officials is very important b. There must be a comprehensive plan for children through active BCPCs c. It is important to provide capacity building programs for Local Social Workers and community support groups

d. There must be strong coordination with the police and other law enforcement agencies

Lessons Learned

e. It is important to explain the law and its principles to all

f. Motivate community volunteers and peer educators

g. Put into place effective rehabilitation and re-integration mechanisms

h. There must be sincere acceptance for a paradigm shift from traditional to alternative practices.