US embassy cable - 05MANILA2555

UNCLAS SECTION 01 OF 02 MANILA 002555 
 
SIPDIS 
 
DEPT FOR EAP/PMBS, DRL/CRA, G/TIP 
 
E.O. 12958:  N/A 
TAGS: PGOV, PHUM, KOCI, SOCI, ELAB, RP 
SUBJECT:  CHILD PRISONERS HELD IN ADULT FACILITIES IN THE 
PHILIPPINES 
 
 
1.  (U) Summary:  According to official and NGO sources, 
approximately 1,500 children are currently incarcerated among the 
adult inmate population in the Philippines.  NGOs strongly 
advocate that the GRP work to segregate children from the general 
prison population.  The GRP says it is trying to do this, but 
notes that its capabilities are overstretched.  NGOs are working 
to speed up the handling of children's cases in order to reduce 
the juvenile prison population, while the USG is sponsoring 
programs focused on helping the GRP reduce prison overcrowding in 
general.  NGOs believe that children held in integrated 
conditions with adults are highly vulnerable to sexual abuse, 
recruitment into gangs, and forced labor.  End Summary. 
 
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Child Prisoners in Adult Facilities 
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2.  (U) According to official and NGO sources, approximately 
1,500 children are currently incarcerated among the general adult 
prisoner population in the Philippines.  (Note:  Authorities 
segregate approximately an equal number of youths from the 
general adult population in special juvenile prisons and 
detention facilities.)  The Bureau of Jail Management and 
Penology (BJMP) reports that most youth inmates are aged 9-17. 
Many of these youths come from poor families that live in urban 
slums or rural villages and many are elementary school dropouts, 
according to the Department of Social Welfare and Development 
(DSWD).  Many of the juvenile inmates have been convicted of 
crimes involving common theft and substance abuse.  However, some 
of them face charges of more serious crimes, such as murder, rape 
and robbery.  Overcrowding and diseases are common conditions in 
the jails.  Most cells do not have windows and many children are 
susceptible to skin diseases due to the poor ventilation. 
 
3.  (U) The Philippine government's "Child and Youth Welfare 
Code" and the "Rules on the Apprehension, Investigation, 
Prosecution and Rehabilitation of Youthful Offenders" provide the 
primary source of protection for children in legal trouble.  This 
law and its rules outline the framework for the treatment of 
children from the moment of their apprehension to the conclusion 
of their rehabilitation or jail sentence.  The law makes clear 
that children from nine to 15 years old who are found guilty of a 
crime should be committed to the custody of DSWD and housed in 
proper, segregated rehabilitation facilities.  Despite the law, 
however, many children are housed in jails for adults and at 
adult detention centers.  For example, only 212 out of 1135 jails 
run by BJMP segregate the minor population. 
 
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GRP Efforts to deal with Problem 
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4.  (U) The GRP says it is trying to separate children from the 
general adult population, but admits that its capabilities are 
overstretched and that it cannot afford to house all children in 
separate facilities.  Despite these problems, the BJMP, DSWD, and 
three local government units in Metro Manila run rehabilitation 
centers as a way to cater to the special needs of the young, 
especially those deemed most vulnerable.  At these facilities, 
children participate in activities such as counseling, and some 
of these facilities provide non-formal education.  The DSWD also 
carries out community-based programs, which are meant to remove 
children from the prison system when possible.  DSWD has served 
119 youthful offenders through this sort of intervention. 
Children in this program are released from detention and 
permitted to live with their parents or members of the community 
while awaiting arraignment or trial.  Some children who are 
already on trial remain in the custody of their parents, although 
social worker visits are legally-mandated in such cases. 
 
5.  (U) On December 20, 2004, the Supreme Court launched "Justice 
on Wheels," a World Bank-funded project, that aims, in part, to 
reduce delays in the resolution of cases through the use of 
mobile courts that travel nationwide.  As of April 15, 2005, 
"Justice on Wheels" had heard 265 cases involving children, 
resulting in the release of 167 youths.  "Justice on Wheels" 
referred an additional 98 cases for rehabilitation, probation or 
trial. 
 
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NGO/USG Programs 
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6.  (U) NGOs strongly advocate that the GRP work to segregate 
children from the general prison population to the full extent 
possible.   They also work to release children from adult prisons 
and to provide rehabilitation programs.  To supplement the 
limited number of court-appointed social workers, for example, 
People's Recovery Empowerment Development Assistance Foundation 
(Preda), an NGO, recruits students from law schools and social 
work departments in Metro Manila colleges to work on child- 
related cases.  In cases where children are jailed in disregard 
of legal procedures, Preda asks the judge to drop charges or 
release the child to its care while he or she awaits trial. 
Another NGO, Kokkyo naki Kodomotachi (KnK), provides programs for 
children, but concentrates on 17 year olds whose cases involve 
serious crimes.  KnK provides a home for approximately 25 
children in its "House for Youth," where it provides medical 
care, counseling and education.  Overall, in 2004, KnK helped 
rescue 130 children from jails. 
 
7.  (U) The USG is working to help the GRP reduce prison 
overcrowding in general.  USAID, for example, supports The Asia 
Foundation's Jail Decongestion Project.  TAF estimates that 
Philippine jails are operating at 135-172 percent above capacity. 
Overcrowding is exacerbated by the lack of adequate legal 
representation available to the accused, particularly those who 
are indigent.  Between November 2003 and March 2005, USAID-funded 
legal counseling resulted in the release of 1,221 prisoners, who 
had already served their time.  (Note: Many of these prisoners 
were never convicted, but had already served longer than the 
maximum sentence they would have received if they had been 
convicted.) 
 
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Comment 
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8.  (U) The problem of children held in adult facilities is a 
serious one.  NGOs believe that these children are highly 
vulnerable to sexual abuse, recruitment into gangs, and forced 
labor, although there are no statistics available.  The GRP is 
aware that current practices are harmful to children, and that it 
needs to do more to protect children and segregate them from the 
rest of the inmate population.  As reviewed above, NGOs are doing 
some positive work in this area, as is the U.S.-supported prison 
decongestion project with TAF.  Mission will continue to review 
possible ways that it can assist the GRP and NGOs in tackling 
this problem.