Understanding the Non- organization and Non- functionality of the Local Council for the Protection of Children in the Philippines MERLYNE M. PAUNLAGUI, Ph D Center for Strategic Planning and Policy Studies Child protection • addresses every child’s right not to be subjected to and complements other rights including the need to survive, develop and thrive (UNICEF 2004) • pertains to measures and structures to prevent and respond to abuse, neglect, exploitation and violence affecting children (UNICEF 2006) in all settings (Yacat 2010) For child protection to work • develop systems and mechanisms that provide meaningful protection for all children in the longer term as well as strengthening the capacity of a variety of actors to protect children • concerted efforts of individuals and groups that child protection can become effective and sustainable Response of the Philippine government • 1935 Constitution • 1987 • Republic Act 4881 • Created the Council for the Protection of Children in every city/municipality • Child and Youth Welfare Code • Created the CWC Laws • Barangay Council for the Protection of Children BCPC matters & must be functional • committee in charge of planning and implementing activities on child protection at the barangay level • Barangay is the basic political unit of the State serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community Succeeding Activities • Development of Manual on organizing Local Council for the Protection of Children 2002 • Manuals on: – Orientation of the Barangay Council for the Protection of Children – Training for BCPC Organizers – BCPC Membership and Leadership Development But . • Why are some LCPCs yet organized while others are fully functional? • What are the facilitating and limiting factors? General Objective • Examine the implementation and functionality of the Council for the Protection of Children, particularly at the barangay (village) level Specific Objectives • discuss the policies on the creation of the Local Council for the Protection of Children; • determine the functionality of the Local Council for the Protection of Children, with emphasis at the barangay level; • identify the factors affecting the functioning of the Councils; and • derive recommendations from the empirical results. Research Methods Secondary Data • Publications: CWC and DSWD • National Barangay Operations Office – Department of Interior and Local Government (NBOO-DILG) • City and Municipal Offices of DILG • C/M Social Welfare and Development Office Primary Data • KIs: Officers and C/M SWDO, DILG Officers, and selected members of Barangay Development Councils Legal and Policy Framework • Civil Code of the Philippines – concept of the creation of the council for the protection of children was introduced • Republic Act No. 4881, 1967 – An Act Creating the a Council for the Protection of Children in every City and Municipality of the Philippines • Presidential Decree (PD) 605 or the Child and Youth Code – Creation of the Council for the Welfare of Children – Encouraged the barangay councils to create a council for the protection of children Legal and Policy Framework • Republic Act No. 7610 (1992) – Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act • RA 8980 (2000) – Early Childhood Care and Development Act • Republic Act No. 9344 (2006) Juvenile Justice and Welfare Act Legal and Policy . Child 21, National Plan of Action for Children (NPAC) – a strategic framework for planning programs and interventions that promote and safeguards the right of children – broad strokes to achieve the vision for the quality of life of Filipino children in 2025 • Goal for 2025: every Filipino child will exercise his/her rights to survival, protection, development and participation throughout the life cycle Institutions • Council for the Welfare of Children • Regional, Provincial, Municipal and Barangay Council for the Protection of Children • Inter-Agency Monitoring Task Force (IMTF), NBOO-DILG Institutions FUNCTIONALITY OF THE LCPC/BCPC DILG Memorandum Circular Number Title 94-14 Adoption of the Implementing Guidelines of Memorandum Order 39 and the Revised Guidelines on the Reorganization of Local Sub-Committees for the Welfare of Children 2002-121 Revised Guidelines on the organization and strengthening of the LCPC incorporating thereat ECCD Coordinating Committee at the provincial, city, municipal and barangay levels. 2004-52 Creation of a sub-committee of the Barangay Council for the Protection of Children (BCPC) to be called as Sub-Committee on Bright Child (SCBC) in every barangay 2005-07 Guidelines in monitoring the functionality of the LCPC at all levels 2008-126 Revised Guidelines in monitoring the functionality of the LCPC at all levels Indicators of Functionality Indicator % Contribution to Total Organization 10 Meetings 10 Policies, Plans and Budgets 30 Accomplishments 50 Total 100 1. Organization • The LCPC, through a Sangguniang resolution/ordinance or Executive Administrative Order by the Local Chief Executive (LCE), must be organized at all LGU levels. Composition of the LCPC • Chair: Barangay Captain (BC) • Vice Chair : To be appointed by the BC • Secretary Can be appointed by the BC or elected by the Members Composition of the LCPC … • Members: – Youth Organization Chair – Day Care Worker – Barangay Health Worker – Barangay Nutrition Scholar – Public School Teacher – Chief of Barangay Police – NGO Representative – Children/Youth Representative – PO Representative – PTA President – Church-based Children Serving Group Representative – Other Organizations 2. Meetings • conduct a regular quarterly meetings and special meetings when necessary. • meetings shall be supported by minutes of meetings. 3. Policies, Plans and Budgets • executive issuances and legislative action through the LCPC resolutions • Establishment of a database for children which will form the basis in coming up with policies Plans • should be integrated in the LGU Development Plan. • Activities – updating of data base on children – preparation of annual work and financial plan – advocacy on the promotion of the rights of children – conduct of capability buildings – formulation of a Local Development Plan for Children, Local Investment Plan for Children, Local Code for Children and Local State of Children Report Plans . • Activities – assistance to children in need of special protection (CNSP) – monitoring of the enforcement of national and local laws – monitoring and assessment of the PPAs on children; health and nutrition programs – maternal and post natal care Plans . • Activities – construction/maintenance of community infrastructure; – provision of potable water supply – services and programs for children with special needs, interests and concerns – capability building for service providers. 4. Accomplishments • Documentation of accomplishments; • Accomplishments reflected in the LGU Annual Report; Accomplishments included in the State of Local Address (SOLA); and • Other Child 21 related activities initiated by the LCPC not reflected in the council plan. Levels of Functionality I-Basic 20% and below II-Progressive 21-50% III-Mature 51-79% IV-Ideal 80-100% LCPCs evaluated by level of LGU, 2009 & 2010 No. of No. of LCPC % of LCPC % In- LGUs Evaluated Evaluated crease (2009- 2009 2010 2009 2010 2010) Province 80 58 55 72.50 68.75 -5.45 Cities 122 98 119 80.33 97.54 21.43 Munici- 1397 1230 1206 88.05 86.33 -1.95 palities Barangays 39535 34644 35659 87.63 90.20 2.93 Excluding ARMM Level of functionality by LGU type, 2009- 2010 (in percent) Ideal Mature Progressive Basic 2009 2010 2009 2010 2009 2010 2009 2010 PCPC 62 62 24 27 12 5 2 5 CCPC 49 48 35 36 13 9 3 7 MCPC 28 23 39 47 19 17 13 12 BCPC 16 15 38 38 30 32 16 16 Total 16 15 38 38 30 31 16 16 Functional LCPC: 2009-2010 90 2009 2010 80 70 60 50 40 30 20 10 0 PCPC CCPC MCPC BCPC Factors Limiting the Functionality of LCPC Province/Municipality • lack of support from the LCE and • changes in the composition of the Council every three years or after election Factors Affecting Functionality Barangay • overlapping community-based organizations and the corresponding duties and responsibilities • limited capacity of barangay officials and staff; and • conduct of orientation to strengthen BCPCs is still incomplete. Lack of support from LGE • By law, 1 percent of the total budget coming from the Internal Revenue Allocation (IRA) should be devoted to LCPC activities – At the municipal level, budget is always limited; thus activities for LCPC reorganization are not completely implemented Lack of support from LGE . – None of the barangays visited had allocation for LCPC – In one barangay, expenditures for LCPC activities are taken from the Gender and Development Fund Changes in the Composition of the LCPC • election of a new mayor means a reorganization of the LCPC which may take four months to organize – reorientation of the duties and responsibilities of all the committees – longer delay for the BCPC to restructure Overlapping Functions/ Too many committees to • At the barangay level, there are seven sub- committees with each subcommittee has two to three councils Barangay Council Barangay Peace & Order Committee Barangay Development Council Sub-Committee on Crime Prevention/Drug Abuse Council Sub-Committee on Health & Nutrition & Environmental Protection Brgy Anti-Drug Abuse Council Brgy Ecological Solid Waste Mgt Council Brgy Against Narcotics Abusers & Traffickers Brgy Health