SEC. 22. Rehabilitation and Reintegration. -xhe State shall institute policies, programs and services for the rescue, rehabilitation and reintegration of children in situations of armed conflict. The programs, which shall be provided by civilian local and national government agencies, in partnership with nongovernment organizations shall aim at providing services for children while involving their families, communities and other entities to facilitate the children's reintegration process.
These services shall include psychosocial support, health and nutrition, education, livelihood for families and other basic or legal services, as may be necessary.
Any program intervention shall be designed with due respect to the culture of each child, family and community. The child shall, at all times, be provided with legal assistance and physical security upon rescue.
Regardless of the perceived association of the children to one of the sides of the conflict, they shall benefit from all available medical, psychosocial, legal, shelter and educational response mechanism services for the victims of armed conflict.
The State shall take into account the protocol in the rescue, rehabilitation and reintegration of children specified below:
(a) Rescue. - The State shall provide for adequate measures and mechanisms to facilitate the recovery, either voluntary or involuntary, of children from armed groups or government forces. It shall provide legal and physical security to children involved in armed conflict including services such as family tracing afnd system of referral or response on various psychosocial services needed by the victims;
(b) Rehabilitation. - The civilian national or local government agencies and civil society organizations shall facilitate the normal development of children victims in their post-involvement phase. It shall provide services including therapeutic counseling, security and protection, educational assistance and livelihood opportunities to their parents, relatives or guardians or to the victims when they become of age;
(c) Reintegration. - The civilian national or local government agencies and civil society organizations shall bring children back to their families or communities whenever possible. This shall involve services including the provision of alternative parental care. Trainings aimed to enhance community readiness in the reintegration of these children shall also be undertaken. Processes to facilitate the reintegration, healing and reconciliation of CIAC with their communities shall also be undertaken. Whenever possible, interventions for children shall be done with respect to their opinion. Interventions for indigenous peoples (IPs) children shall be conducted in recognition of the traditional structures and institutions of their communities.
Release of Children Involved in Armed Conflict (CIAC).
SEC. 23. Release of Children Involved in Armed Conflict (CIAC). - The State shall take all feasible measures to ensure that children recruited or used in armed conflict are demobilized, dissociated or otherwise released from the government force or armed group.
For purposes of this Act, release activities shall be initiated independent of any negotiated peace agreements.
The State, through its concerned agencies, in coordination with other stakeholders shall have the following duties:
(a) Develop a child-specific release program. This release program should not make as a requirement the surrender of arms by CIAC;
(b) Monitor and document the status of CIAC who undergo either a formal or informal release process;
(c) Facilitate data and information sharing between government and nongovernment organizations to be informed and updated of the status of released CIAC and to assess and address their needs, with due regard to the right to privacy of CIAC, their security and safety, and the confidentiality of records;
(d) Mobilize and strengthen networks for referrals;
(e) Provide free legal assistance to released CIAC ensuring that the legal needs of the former CIAC will be addressed, such as the prohibition or stoppage of filing charges or dismissal of cases against CIAC as criminal or political offenders irrespective of their association with any armed group or government force; and
(f) Ensure the formal release of CIAC through various approaches such as advocacy of concerned groups, through the Government Peace Negotiating Panel (GPNP), and others:Provided, That in any release action, the best interest of the child shall be observed.
Rescued, Taken into Custody, or Surrendered Children Involved in Armed Conflict (CIAC).
SEC. 24. Rescued, Taken into Custody, or Surrendered Children Involved in Armed Conflict (CIAC). - Where the CIAC have been rescued, taken into custody, or surrendered, they shall at all times be treated in a child-friendly and sensitive manner. The State, at all times, shall consider the safety and security of the CIAC, and ensure that they are not subjected to tactical interrogation or any similar forms of investigation, especially by the police and military. The following procedures shall apply without prejudice to the application of other existing laws that will uphold the best interests of the child:
(a) The identity of rescued CIAC shall be protected. Any identifying information regarding them shall remain confidential;
(b) Rescued CIAC shall not be used for any political propaganda nor be unnecessarily exposed to media in violation of child rights to privacy, security and confidentiality of their cases;
(c) Upon the rescue or surrender of the CIAC, government agencies, in particular, the AFP, the PNP, the Department of National Defense (DND), the local government units (LGUs), other concerned government agencies or nongovernment organizations in possession of the CIAC shall report immediately within twenty-four (24) hours the incident to the LSWDO, Local Council for the Protection of Children (LCPC) and the Council for the Welfare of Children (CWC);
(d) The LSWDO or LCPC shall coordinate with the agency or nongovernment organization in possession of CIAC for the handover of custody of the children to the Department of Social Welfare and Development (DSWD);
(e) The handover to the LSWDO shall take place within twenty-four (24) hours or in cases where handover is not possible within the prescribed twenty-four (24)-hour period due to valid reasons and without the fault of the person having custody of the child, the handover shall be done within the next seventy-two (72) hours;
(f) The LSWDO shall facilitate the family tracing and coordinate with parents, relatives or guardians of the CIAC to inform them of the handover;
(g) The Local Health Office (LHO), in coordination with the LSWDO, shall check and assess the medical and physical condition of the CIAC. In cases where medical needs are apparent, the LHO shall ensure that medical services or treatment are received by the CIAC;
(h) The LSWDO shall assess the needs of the CIAC and refer to concerned agencies to provide immediate assistance or appropriate services.
The LSWDO shall require the parents of the child in situations of armed conflict to undergo counseling or any other intervention that, in the opinion of the court, will advance the welfare and best interest of the child. Relevant government agencies should provide social welfare and social protection interventions for parents and children to ensure family support, reintegration and rehabilitation, when necessary;
(i) The LSWDO, in coordination with other agencies, ^hall enter the CIAC into the child-specific reintegration programs; and
(j) The CIAC shall be reintegrated into the community and reunited with his or her family, or within a family or community setting where they can be adequately cared for and protected. In cases where reintegration to original community of origin is not feasible for reasons of CIAC's security, a conflict-free foster community or institution shall be identified. For other cases where children associated with government forces or armed groups remain with their family and community or maintain close ties, reintegration shall entail the reorientation of children towards civilian life.
