Abuso: Class Report on Rights of Children and Abuses

Law on Human Rights

Dela Cruc, Ericson S.
Espinosa, Noel Raul
Human Rights are more than legal concept. They are the essence of man. They are
what makes man human. That is why they are called Human Rights. Deny them and
you deny mans humanity.
~~ Jose Diokno
Outline:
A. Film Showing: Minsan lang sila bata
A Documentary film on Child Labor
B. Understanding Child Abuse
1. Definition of a Child
2. Rights of a Child
3. RA 7610
C. Attacks on the Lumad Children of Mindanao
1. Militarization of Lumad Communities
2. Who are the Lumads
3. The Lumad Schools of Mindanao
4. Timeline: Attacks of the Lumads and their Children
B. UNDERSTANDING CHILD ABUSE
1. Definition of a Child
A person who is below 18 years of age
A person who is above 18 but can not take care of himself due to certain
circumstance.
2. Rights of a Child
To be born. To have a name and nationality.
To be free. To have a family who will take care of me.
To have a good education.
To develop my potentials.
To have enough food, shelter, a healthy and active body.
To be given the opportunity for play and leisure.
To be given protection against abuse, danger and violence brought by war
and conflict.
To live in a peaceful community.
To be defended and assisted by the government.
To be able to express my own views.

3. RA 7610
A person who is below 18 years old or those over but are unable to fully
take care of themselves from abuse, neglect, cruelty, exploitation or discrimination
because of physical or mental disability or condition.
By a person who is responsible for the child's welfare. Under circumstances
which gravely threaten or endanger the survival and normal development of
children.
Maltreatment is an abuse (whether habitual or not)
Types of Abuses: Physical abuse, Neglect, Physical Neglect, Educational
Neglect, Emotional neglect, Sexual Abuse, Sexual exploitation, Emotional Abuse,
Child Trafficking, Child Labor, Abandonment.
Special Provisions on:
> Children in Indigenous Community
> Children in Situations of Armed Conflict
OFFENSES: Child Prostitution and other sexual abuses; Attempt to commit
child prostitution; Child Trafficking; Attempt to commit child trafficking; Child
pornography and indecent shows and publication; Other Acts of Neglect, Abuse,
Cruelty or Exploitation and; Other Conditions Prejudicial to the Childs Development
Who are deemed to be children exploited in prostitution and other sexual
abuse?
> Children, whether male or female,
> Who for money, profit, or other consideration or due to coercion or
influence of adult, syndicate or group
Indulge in sexual intercourse or lascivious conduct
What is lascivious conduct?
> Means the intentional touching, either directly or through clothing, of
the genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of
lewdness;
> Done with force or intimidation, fraudulent machination or grave
abuse of authority; or where the offended party is deprived of reason or
otherwise unconscious;
> With intent to abuse, humiliate, harass, degrade the child, or arouse
or gratify the sexual desire of any person
> Bestiality, masturbation, lascivious exhibition of the genitals or pubic
area of a person
C. ATTACKS ON THE LUMAD CHILDREN OF MINDANAO
Facts: 11 schools forced to close down; 67 teachers unable to teach
students properly; 913 lumad children not going to school
Militarization of the Lumad Communities
> Lumad areas
> Where there is a strong resistance against environmental plunder.
> "It is a form of ethnocide but it is worse because there are specific
characteristics of impunity and killings targeting the Lumad. What is
alarming is that it is happening all over Mindanao.
~~ Dulphing Ogan
(Kalumaran Secretary General)

 Who are the lumads?

> Born of the Earth, Indigenous, Homegrown
> Indigenous People of Mindanao
> 15-18 ethno-linguistic groups in Mindanao. Among those usually
included as Lumad are the Subanen, Blaan, Mandaya, Higaonon,
Banwaon, Talaandig, Ubo, Manobo, Tboli, Tiruray, Bagobo,Tagakaolo,
Dibabawon, Manguangan, and Mansaka.
The Lumad Schools of Mindanao
> Tribal Filipino Program of Surigao del Sur (TRIFPSS)
> Alternative Learning Center for Agriculture and Livelihood
Development (Alcadev)
Timeline: Attack on the Lumads:
>May 2015
> Several villages in Davao Del Norte were militarized.
> Human rights groups reported of cases of harassments, vilification
and indiscriminate firing
> 24 primary and secondary schools were shut down and the
teachers were threatened to be killed.
> 700 Lumads were displaced. Became refugees
>
>
>
>

June
Deped declared not closed but just not reopened.
Declared military men as new teachers
NGO who created the school protested

> June 23
> 500 Policemen and Nancy Catamco stormed the UCCP compound
sheltering the lumad refugees
> Media releases says to rescue.
> June 26
> Chaloka Beyani, the United Nations special rapporteur on the human
rights of internally displaced persons, went to the evacuation center
in Davao City to talk to the tribal leaders and displaced residents.
> He said that his impression was the Lumad were not being detained
inside the evacuation center contrary to the claims of the military.
Beyani said no one should forcibly take away the Lumad from
the evacuation center.
> August 18
> Five Lumad, including a 13-year-old and a 17-year-old, were killed by
the Special Forces in Pangantucan town in Bukidnon.
> Military said they were rebels. NPA denied, said they were civilians.
Relatives of the victims stated they were indeed civilians. Because of
this, Military claimed they were indeed civilians but were killed by the
rebels.
> August 24

> A 14-year-old Manobo girl from Talaingod filed rape charges against
3 soldiers.
> The military confirmed that the suspects were soldiers, but explained
that the charges were dropped after they paid P63,000 to the family.
> August 27
> 11 Manobo tribal leaders and farmers were arrested
> Military said they were NPA
> Isidro Indao, spokesperson of the Kahugpongan sa mga Mag-uuma
sa Kitaotao (KMK), said these lumads were targeted because they
were vocal in the campaign against human rights abuses in the
mountain communities and were calling for the military, not to
occupy civilian villages.
> August 28
> Lumad brothers Crisanto and Loloy Tagugol were killed in the
poblacion area of San Miguel town in Surigao del Sur.
> Killed by Bagani Paramilitary Group, led by Jasmin Acevedo
> Families and Children fled their homes; became internal refugees
> September 1
> Emerico Samarca was killed by Bagani and military personnel
> He was found hogtied, with a stab wound, his throat slit open inside
a classroom.
> He was the executive director of the Alcadev School
> After killing Samarca, the armed men peppered with bullets Dionel
Campos and his cousin Datu Bello Sinzo while the entire village was
watching.
> Campos is a tribal leader known for his firm position on the
protection of ancestral lands and its campaign against human rights
violations targeting indigenous people.
> 2000 lumads, women and their Children fled their homes
> September 4
> A village in Pangantucan, Bukidnon were attacked by military men in
full battle gears in tanks and trucks
> The Lumad families and their Kids fled their homes
> Septermber 8
> Five Lumad evacuees were arrested by a cop in Tandag City for
distributing leaflets about the recent attacks.
> Ogan of Kalumaran said his group had documented only the major
cases. There are other reports of daily harassment, zoning, and
occupation done by the military and paramilitary groups.
> Two weeks ago
> In a budget hearing in Congress, the military denied all of these
> They claimed the Bagani paramilitary groups were bandits, not
under their command.

> Media Statements from Johnny Pimentel, Surigao del Sur Governor.
> There is a serious breakdown of law and order because these
people (militias) think theyre above the law.
> when it is very clear they are under the control and supervision of
the Army and can even be seen inside their camps.
> End militarization of Lumad Communities
> SAVE OUR SCHOOLS!