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Study on Diversion and Alternative Measures to Detention: a Documentation of Good Practices

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Study on Diversion and Alternative Measures to Detention: a Documentation of Good Practices STUDY ON DIVERSION AND ALTERNATIVE MEASURES TO DETENTION: A DOCUMENTATION OF GOOD PRACTICES Study on Diversion and Alternative Measures to Detention: A Documentation of Good Practices Juvenile Justice and Welfare Council in support of United Nations Children’s Fund- Philippines STUDY ON DIVERSION AND ALTERNATIVE MEASURES TO DETENTION: A DOCUMENTATION OF GOOD PRACTICES Copyright and Ownership: Juvenile Justice and Welfare Council, Government of the Philippines, 2019 Research Team: Consultants Lilac Caspe-Florentino (Main Research Report) Joel E. Abelinde (Feature Articles on NGOs’ Good Practices) JJWC Secretariat Policy and Research Division Mylene L. Paule, Technical Staff Atty. Maria Lourdes Fuguso-Alcain, Former Division Chief Office of the Executive Director Maricris E. Calipjo-Cabural, Deputy Executive Director Atty. Tricia Clare A. Oco, Executive Director Photos Courtesy of Lilac Caspe - Florentino Joel E. Abelinde Kayle Vinson O. Lagnas Department of Social Welfare and Development (DSWD) Office of the Secretary Department of Social Welfare and Development (DSWD) Office of the Undersecretary for Operations Group Barangay Longos, Malabon City UNICEF - Philippines Mylene L. Paule Contributors Selena B. Fortich, Chief , JJWC Policy and Research Division Jackielou S. Bagadiong, Project Development Officer IV, JJWC Policy and Research Division Atty. Maria Margarita Ardivilla, Child Protection Specialist, UNICEF-Philippines RJJWC Secretariat Regions I, III, V, VI, VII, VIII, X, XI, CAR, NCR, CALABARZON, and MIMAROPA JJWC Research Advisory Group Members Wilhelmina L. Cabo, Associate Professor, UP-National College of Public Administration and Governance Edna Fe Ramirez, Karla S. Sio and Joyce Fungo, Department of Education Lymuel R. Magsino, Department of the Interior and Local Government Cheryl P. Mainar, Chrisiel M. Arabit, Veronica Anne F. Villafuerte and Anne Grace J. Bolotaolo, DSWD Ruth Limson-Marayag, Council for the Welfare of Children Ariane Joy Coronel, National Youth Commission In support of the United Nations Children’s Fund-Philippines Foreword The Juvenile Justice and Welfare Council (JJWC), as the policy making and coordinating body on the implementation of the Juvenile Justice and Welfare Act or RA 9344 as amended, in partnership with UNICEF-Philippines, made another step towards improving the juvenile justice and welfare system in the country. The documentation of good practices on diversion and alternative measures to detention do not only fulfill the research function of the JJWC but more importantly, address the findings of the UNICEF particularly on the dearth of information on the extent of application of diversion measures in our juvenile justice system. Although the study does not provide the whole picture on how diversion is practiced in the country, it gives the readers a glimpse on how to better handle the cases of children in conflict with the law (CICL) without resorting to the formal justice system. This knowledge product is both a reference material for case management and a recommendation for policy actions and programming. This material contains the objectives, scope and limitations, ethical considerations and results of the study. The results of the documentation on the good practices of the 11 duty bearers are theme-based and follow the basic phases of the helping process. The themes include comprehensive and multi-disciplinary approach, participation of the child, role and capacity of the social worker, leadership of the family court judge, innovative program, and monitoring and documentation. Further, all documented duty bearers were carefully selected based on the criteria used for this research. Along with the recommendations, this research report can give the readers an initial idea on how to apply restorative justice wherein reparation of harm caused by the offense is resolved without taking for granted the accountability of the CICL. It can also serve as an initial step for further studies on diversion and alternative measures to detention in the country. Lastly, it provides a benchmark that will attest to the efforts of the government, non-government organizations and development partners in achieving inclusive and rights-based protection to all children regardless of their circumstances. ROLANDO JOSELITO DELIZO BAUTISTA DSWD Secretary / JJWC Chairperson Study on Diversion and Alternative Measures to Detention: A Documentation of Good Practices- iii Message The passage of Republic Act No. 9344, otherwise known as The Juvenile Justice and Welfare Act of 2006, saw the creation of the Juvenile Justice and Welfare Council. The Council has been in the forefront of advancing the rights and welfare of children at risk and children in conflict with the law (CICL). Through its collaboration with other duty bearers at all levels of the juvenile justice system, non-government organizations and development partners, JJWC has achieved several significant milestones on the implementation of Republic Act No. 9344 as amended by Republic Act No. 10630. One of such milestones is the development of the Comprehensive National Juvenile Intervention Program (CNJIP) 2018-2022. With the support of UNICEF-Philippines, the Council has ventured into research work with a “Study on Diversion and Alternative Measures to Detention: A Documentation of Good Practices”. The study is a collection of good practices of identified local government units and family courts in the implementation of diversion and alternative measures to detention. The actual experiences illustrated in the study proved that rehabilitation, without putting the CICL into the formal justice system, is possible. The children, regardless of their past circumstances, can grow into productive and law-abiding citizens, if given appropriate, participatory, child-sensitive and comprehensive intervention. “I am from nothing to somebody with direction in life” declared one of the CICL interviewed for the study. The same theme may be gleaned from the stories of the other children interviewed. It is evident that whatever a person’s past struggles and mistakes experienced, everyone is capable of changing to become a better, empowered, and caring human being. Hopefully, this study will help us appreciate alternative measures to detention such as diversion and understand the importance of mobilizing structures and mechanisms to uphold and implement restorative justice. UNDERSECRETARY AIMEE S. TORREFRANCA—NERI DSWD Undersecretary for Operations - Juvenile Justice Welfare Alternate Chairperson iv - Study on Diversion and Alternative Measures to Detention: A Documentation of Good Practices Message The Juvenile Justice and Welfare Act (JJWA) as amended specifies that all laws, programs and policies concerning children in conflict with the law shall apply the principle of restorative justice. The application of restorative justice is highlighted by the implementation of diversion proceedings and programs. Likewise, as part of the commitment of the Philippines in the Beijing Rules, efforts to refrain CICL from being deprived of liberty such as promotion of pre and post alternative measures to detention are conducted by the Juvenile Justice and Welfare Council along with its development partners such as the UNICEF-Philippines. Aside from the response measures being undertaken by the Council on the recommendations from the United Nations Children’s Fund (UNICEF) studies on (1) Evaluation of the Intervention and Rehabilitation Program in Residential Facilities and Diversion Programs for Children in Conflict with the Law, and (2) Diversion Not Detention: A Study on Diversion and Other Alternative Measures for Children in Conflict with the Law in East Asia and the Pacific, this JJWC study provides additional literature on diversion and other forms of alternative measures to detention which may increase the awareness of the public on the same. This study also confirms the findings of previous studies that family-based interventions are effective mechanism to rehabilitate CICL. Parents or caregivers’ participation from planning and implementation to monitoring of the cases is very important to ensure program completion and success. Commitment and capacity of the duty bearers such as social workers, judges, police officers, and barangay officials are likewise necessary ingredients to achieve effective and holistic results. With the collaboration of everyone involved including the victims and the community, we can transform the CICL into better individuals. The study will likewise provide the duty bearers at the local and judiciary levels some strategies and techniques on how they will effectively handle cases of CICL. It can serve as one of their reference materials in ensuring proper implementation of the JJWA including diversion. For some, this study can be an eye opener on the gaps of their practices, which they need to improve and network with. The documented good practices of the government agencies and non-government organizations in this study as well as the collection of success stories of CICL embody the greatness of providing second chances to children who committed offenses. This second chance also applies to their families and communities as they are provided the chance to perform their role in building an enabling environment for the children. ATTY. TRICIA CLARE A. OCO Executive Director of JJWC Secretariat Study on Diversion and Alternative Measures to Detention: A Documentation of Good Practices- v Message The introduction of diversion and alternatives
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