VZCZCXRO7439
RR RUEHCHI RUEHDT RUEHHM
DE RUEHML #1595/01 1000645
ZNR UUUUU ZZH
R 100645Z APR 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC 0453
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEAWJB/DEPT OF JUSTICE WASHINGTON DC
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 MANILA 001595 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, DRL/CRA 
USAID FOR C.DOWNEY 
 
E.O 12958: N/A 
TAGS: PGOV PHUM SOCI EAID RP
SUBJECT:  NEW LEGISLATION ON CHILD PRISONERS 
 
REF:  A) MANILA 1075 
      B) 05 MANILA 2555 
 
¶1.  (U) Summary:  Both houses of Congress have now approved 
the "Juvenile Justice and Welfare Act of 2006," aimed at 
curbing the problem of child prisoners by moving minors out 
of the adult criminal justice system and building more youth 
detention facilities.  President Arroyo is slated to sign 
the bill into law shortly.  The GRP has pledged to provide 
needed resources, but NGOs and others have predicted that 
implementation will be spotty.  Mission will continue to 
seek additional ways to assist the GRP in tackling the child 
labor problem, following an S/CT-funded seminar on best 
prison management practices in late April.  End Summary. 
 
--------------- 
Passage of Bill 
--------------- 
 
¶2.  (U) In late March after a bicameral committee 
conference, both the House of Representatives and the Senate 
approved the Juvenile Justice and Welfare Act of 2006. 
After international media coverage of the problem of child 
prisoners in the Philippines last year (reftels), President 
Arroyo and legislators placed the bill, which had been 
pending since 1999, on the fast track for passage in 
September 2005.  President Arroyo is expected to sign the 
measure into law soon. 
 
¶3.  (U) The bill's key provisions include: 
 
-- exemption of children 15 years of age or below from 
criminal liability.  A child between 15 and 18 years old can 
face criminal charges only with proof that he or she 
committed actions with the full knowledge that they were 
criminal in nature.  These provisions replace the current 
law, under which minors as young as nine years face criminal 
charges.  The bill's provisions will apply retroactively; 
officials must review the cases of minors now in the penal 
system and make humane adjustments; 
 
-- newly created "Juvenile Justice and Welfare Councils," 
chaired by representatives of the Department of Social 
Welfare and Development (DSWD), will evaluate all minors in 
trouble with the law.  Most will likely end up in "diversion 
programs" supervised by a local social welfare officer. 
These programs include counseling and attendance in training 
and seminars, as well as participation in community service 
and educational programs.  If the infraction was subject to 
punishment of no more than six years of imprisonment, the 
Councils may decide on the "diversion program" without court 
proceedings; and, 
 
-- prohibition of the detention of minors in adult jails 
while undergoing trial.  For more serious offenses, 
detention can be in special youth facilities, DSWD centers, 
or NGO-managed rehabilitation centers.  The national 
government and local government units must under this new 
law set aside enough resources to establish an adequate 
number of youth detention facilities.  The law mandates that 
the Philippine Charity Sweepstakes Office (a GRP entity) 
allocate an initial amount of 50 million pesos (roughly one 
million dollars) to help fund implementation. 
 
---------------------------- 
Dealing with Child Prisoners 
---------------------------- 
 
¶4.  (U) The GRP and NGOs hope that the Juvenile Justice and 
Welfare Act will rationalize the treatment of minors and 
ensure that they do not ever again face imprisonment or 
detention in adult jails.  According to official and NGO 
sources, over 1,500 minors are among the general adult 
prisoner population nationwide.  Observers note that the 
real number could be far larger, given lack of information 
about what happens at jails in rural areas.  Of the more 
than 1,100 jails under the management of the Bureau of Jail 
Management and Penology (BJMP) and the Philippine National 
Police, only 20 percent have separate cells for minors.  In 
March 2006, the Department of Interior and Local Government 
ordered the BJMP to transfer 520 child prisoners to four 
youth detention facilities in Metro Manila, Cebu, and Davao. 
 
----------------------------- 
Concerns about Implementation 
----------------------------- 
 
¶5.  (U) NGOs and others advocating for the reform of the 
 
MANILA 00001595  002 OF 002 
 
 
juvenile justice system have predicted difficulties in the 
implementation of the bill, as with other worthwhile 
legislation on the book.  According to one NGO worker, there 
are simply not enough youth detention facilities in place as 
of yet to handle "the exodus" of child prisoners out of 
adult jails.  Additionally, there are not enough social 
workers to supervise these new programs.  Even pro-child 
advocate Senator Pia Cayetano has privately expressed 
concern over the lack of resources available for placing 
minors in youth detention facilities and in other programs, 
although she said she highly appreciated Malacanang's recent 
efforts to achieve passage of the bill. 
 
----------- 
USG Efforts 
----------- 
 
¶6.  (U) Through a planned project with The Asia Foundation 
(TAF), Mission stands ready to assist with implementation of 
the bill.  USAID is also helping fund TAF's Jail 
Decongestion Project that helps the GRP deal more adequately 
with inmates of all ages. 
 
¶7.  (U) Mission's Law Enforcement Working Group (LEWG) is 
also focused on this area.  With funding from S/CT, Mission 
has organized a prison management "best practices" seminar 
April 24-28 to examine a wide range of issues, including 
treatment of juvenile prisoners.  The LEWG is also 
investigating how additionally to assist with training for 
employees at youth detention and other juvenile facilities, 
as well as whether the USG could assist in building a youth 
detention facility in Mindanao. 
KENNEY