MEMORANDUM OF AGREEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

This Memorandum of Agreement is made and executed this 25th day of July 2014 at Manila City,
Philippines by and among the following members of the Inter-Agency Committee on Children in
Armed Conflict (IAC-CIAC) also known as the Monitoring, Reporting and Response System on
Grave Child Rights Violations in Situations of Armed Conflict Team (MRRS-GCRVSAC
Team):

The Council for the Welfare of Children (CWC) represented by the Executive Director

The Commission on Human Rights (CHR) represented by the Chairperson

The Department of Education (DepEd) represented by the Secretary

The Department of Foreign Affairs (DFA) represented by the Secretary

The Department of the Interior and Local Government (DILG) represented by the
Secretary

The Department of Health (DOH) represented by the Secretary

The Department of National Defense (DND) represented by the Secretary

The Armed Forces of the Philippines (AFP) represented by the Chief of Staff

The Department of Justice (DOJ) represented by the Secretary

The Department of Social Welfare and Development (DSWD) represented by the

Secretary

The Philippine National Police (PNP) represented by the Chief PNP

The Presidential Human Rights Committee – Secretariat (PHRC-S) represented by

the Executive Director

The Presidential Management Staff (PMS) represented by the Head

The Office of the Presidential Adviser on the Peace Process (OPAPP) represented by
the Secretary

WITNESSETH THAT:

WHEREAS, there is recognition of the alarming situation of children in armed conflict and the
occurrence of grave child rights violations such as but not limited to killing and maiming of
children, recruitment, abduction and use of children, rape and other gender-based violence,
attacks on schools, hospitals, places of worship, evacuation centers and public places where
children are usually found, denial of humanitarian access to children which needs immediate
attention from all sectors of our society;

WHEREAS, Section 3, Article XV of the 1987 Constitution mandates the State to defend the
rights of children to assistance and special protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their development;

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WHEREAS, Article X, of the Republic Act 7610, otherwise known as the, “Special Protection
of Children Against Abuse, Exploitation and Discrimination Act”, declares Children as Zones of
Peace and affirms the State policy of providing priority protection and rehabilitation to Children
in Situations of Armed Conflict (CSAC) and provides for the monitoring and reporting of
children in such situations;

WHEREAS, the Congress of the Philippines, taking into consideration the child’s best interest
and welfare, enacted, inter alia, Republic Act No. 8371 (Indigenous Peoples Rights Act),
Republic Act No. 9208 (The Anti-Trafficking in Persons Act of 2003) and Republic Act No.
10364 (Expanded Anti-Trafficking in Persons Act of 2012), Republic Act No 9231 (The New
Child Labor Law of 2004), Republic Act No. 9344 (Juvenile Justice and Welfare Act) and the
Republic Act No 9851 (Philippine Act on Crimes Against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity);

WHEREAS, the International Covenant on Civil and Political Rights, the four Geneva
Conventions, the Convention Against Torture, the UN Convention on the Rights of the Child and
its Optional Protocol on the Involvement of Children in Armed Conflict, to which the Philippines
is a party, the UN Guiding Principles on Internal Displacement and International Labor
Organization Convention 182 identify the rights and guarantees relevant protection of CSAC;

WHEREAS, the United Nations Security Council, passed Security Council Resolutions
(UNSCRs) 1539 (2004), 1612 (2005), 1883 (2009) and 1998 (2012) to protect children affected
by armed conflict by enhancing the accountability of perpetrators (whether state or non-state
actors), preventing the occurrence of violations and generate response to grave child rights
violations through advocacy, policy development and programmatic response. It also calls on
State Parties, including the Philippines to establish a response mechanism on grave child rights
violations;

WHEREAS, it is imperative for the State to affirm its commitments and responsibility that in all
actions concerning CSAC, their best interests shall be the paramount consideration;

WHEREAS, in pursuance of the State’s responsibility to ensure the welfare of CSAC, Executive
Order No. 138 s. 2013 Amending EO No. 56 (s. 2001) Adopting the Comprehensive Program
Framework for Children in Armed Conflict, Strengthening the Council for the Welfare of
Children (CWC) and For Other Purposes was issued reconstituting the Inter-Agency Committee
on Children Involved in Armed Conflict (IAC-CIAC) which will also serve as the Team for
Monitoring, Reporting and Response System on Grave Child Rights Violations in Situations of
Armed Conflict (MRRS-GCRVSAC Team);

WHEREAS, Executive Order No. 138 further provides for the enhancement of the Children In
Armed Conflict (CIAC) Program Framework which shall be integrated in the annual plans of
national agencies. Local Government Units (LGUs) affected by armed conflict shall develop and
implement programs relative to the enhanced CIAC Program Framework;

WHEREAS, Section 2 last paragraph of Executive Order No. 138 (s. 2013) states that “In line
with the enhancement of the CIAC Program Framework, as well as the change in the
composition of IAC-CIAC, the chair and the members shall enter into a new MOA to delineate
these specific functions and duties within 60 days from the effectivity of this EO”.

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NOW, THEREFORE, for and in consideration of the foregoing and by way of confirming our
commitments, we the IAC-CIAC/MRRS-GCRVSAC Team agree to execute the following:

1. The Council for the Welfare of Children (CWC) shall:

a. Operationalize the Monitoring Reporting and Response System (MRRS) at the
national and local levels;
b. Lead in the enhancement of the CIAC Program Framework
c. Coordinate and monitor the implementation of the enhanced CIAC Framework
and of this Memorandum of Agreement;
d. Lead in the development and implementation of an inter-agency action and
communication plan on the prevention and response to grave child rights
violation;
e. Maintain a database on GCRVs; and
f. Conduct MRRS capacity building activities for the LGUs and encourage them to
re-echo the same to the BCPCs.

2. The Council for the Welfare of Children (CWC) Secretariat shall:

a. Convene an inter-agency MRRS-GCRVSAC Team;
b. Receive and conduct initial verification and collate data on incidences and
responses on GCRVs; and
c. Initiate preparation of periodic MRRS reports for submission to the Presidential
Human Rights Committee - Secretariat (PHRC-S) and may share the same to the
Country Task Force on Monitoring and Reporting (CTFMR) of the United
Nations (UN).

3. The Commission on Human Rights (CHR) shall:

a. Exercising its visitorial power, the CHR, upon being informed of the
detention/arrest of a child shall visit him or her to determine the observance by the
government agencies of the human rights of the child and to ensure the faithful
observance by the law enforcement officers of the procedures in taking child into
custody as stated by law;
b. Conduct independent investigation, on its own or upon complaint by any party,
cases of violation and abuse of the rights of CSAC, and recommend the filing of
appropriate cases;
c. Conduct the human rights training component of this program;
d. Independently monitor the compliance of the concerned government agencies
with the UN Convention on the Rights of the Child and other related human rights
treaties; and
e. Participate in the monitoring and evaluation of this program.

4. The Department of Education (DepEd) shall:

a. Formulate and implement policies and guidelines on appropriate education
related programs, projects and activities for CSAC;
b. Report to CWC cases of attacks on schools and their personnel, rape, recruitment
and abduction of children and other GCRV as encountered or they know of
(including reports from the District Offices);
c. Ensure access and availability of education for all children, especially in conflict-
affected areas and during conflict situations, i.e. in evacuation centers; and
d. Ensure educational opportunities for all children, including indigenous peoples
(IPs).

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5. The Department of Foreign Affairs (DFA) shall:
a. Monitor compliance of the concerned agencies with treaty reporting requirements
set by the Committee on the Rights of the Child with respect to the UN
Convention on the Rights of the Child and other Committees of related human
rights treaties.

6. The Department of the Interior and Local Government (DILG) shall:

a. Adopt Executive Order No. 138, “Amending Executive Order No. 56 S. 2001
(Adopting the Comprehensive Program Framework for Children in Armed
Conflict, Strengthening the Council for the Welfare of Children (CWC) and for
Other Purposes)” and execute a Memorandum Circular to the LGUs for further
implementation of the said EO and undertake monitoring of the same;
b. Provide technical assistance to the LGUs in organizing the Barangay Council for
the Protection of Children (BCPC) and making them functional; and
c. Issue Memorandum Circular on the strict requirement pertaining to multiplier
forces (i.e. Citizens Armed Forces Geographical Units (CAFGUs).

7. The Department of Health (DOH) shall:

a. Formulate policies and guidelines on appropriate health related programs,
projects and activities for CSAC;
b. Coordinate with concerned LGUs, Non-Government Organizations (NGOs),
private health sector and hospitals in the delivery of related health services;
c. Ensure that the victims of GCRVs are provided with free medical
treatment/hospitalization in DOH health facilities; and
d. Assist the PNP, DSWD and LGUs in ensuring that the child is provided with
medical treatment, hospitalization and medicines in accordance with existing
programs and policies.

8. The Department of National Defense (DND) shall:

a. Provide guidance to the AFP in handling rescued and/or surrendered children who
are involved in armed conflict and resolve any policy questions regarding such
matters;
b. Coordinate with concerned agencies in developing the capability of AFP units in
the handling and treatment of children involved in armed conflict; and
c. Involve, as may be necessary, any other agency under the Department.

9. The Armed Forces of the Philippines (AFP) shall:

a. Formulate and implement policies and guidelines on the prevention and response
to grave child rights violations (e.g. Guidelines in the Conduct of AFP Activities
Inside or Within the Premises of a School or a Hospital, decreasing the possibility
to commit GCRVs);
b. Develop and institutionalize programs, projects, and activities to prevent and
address grave child rights violations among its ranks;
c. Report within twenty-four (24) hours or as soon as practicable:
i. the surrendered/rescued/recovered CIAC to the CWC;
ii. cases of recruitment, killing, maiming, abduction, attacks on schools and
hospitals, and denial of humanitarian access committed by armed groups;
d. Provide first aid treatment to children wounded during engagement and transport
them to the nearest medical facility for treatment;

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 e. Transfer the surrendered/rescued/recovered CIAC for protective custody to the
nearest DSWD Field Office, PNP or Local Chief Executive of the Municipality,
City, or Province immediately upon the surrender/rescue/recovery of CIAC. In
cases where turnover is not possible within the prescribed 24-hour period due to
valid reasons and without the fault of the person having the custody of the child,
the turnover shall be done not more than but within the next seventy-two (72)
hours;
f. Protect the CIAC from exposure to the media;
g. Inform the CIAC of their rights and ensure that such rights are protected as
provided for in Section 15 of the Implementing Rules and Regulations of RA
7610;
h. Protect the CIAC from further exploitation and trauma (no tactical interrogation
or any similar forms of investigation or use in military operation);
i. In interviewing CIAC, ensure to observe child-friendly interview - presence of the
child’s legal guardian and/or the social worker is a must;
j. Coordinate with the DSWD / LGU in providing CIAC with subsistence and other
basic needs while in custody;
k. Document the cases of CIAC while protecting their privacy, confidentiality of the
case, their security and safety; and
l. Integrate children’s rights in the training of military personnel.

10. The Department of Justice (DOJ) shall:

a. Ensure child sensitive handling of cases of children involved in armed conflict;
b. Extend legal assistance to CSAC; and
c. Prosecute violators of grave child rights violations.

11. The Department of Social Welfare and Development (DSWD) shall:

a. Formulate guidelines and policies on appropriate programs and projects for
CSAC;
b. Monitor and provide technical assistance to DSWD Field Offices and
City/Municipal Social Welfare and Development Offices (C/MSWDOs) and
intermediaries based on the trainings provided by experts in managing and
handling CIAC Cases;
c. Provide temporary shelter/residential care/alternative parental care, if needed and
other necessary intervention through referral system to the appropriate agencies;
d. Strengthen networking with LGUs, NGOs and other intermediaries in response to
the needs of CSAC;
e. Develop and enrich programs for CIAC along prevention, rescue and protection,
healing, recovery and reintegration;
f. Provide package of services designed to protect and rehabilitate children affected
directly in armed conflict through its regional offices; and
g. Develop standards for and license/accredit NGOs providing services to CSACs.

12. The Philippine National Police (PNP) shall:

a. Report GCRV cases to CWC within 24 hours from receipt of complaint or report;
b. When the situation does not warrant within the prescribed period of 24 hours, the
CIAC should be turned-over to the nearest C/MSWDOs within seventy-two (72)
hours;
c. Ensure that CIAC shall be given immediate and appropriate physical, and medical
examination;
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 d. Document cases of CIAC transferred from AFP and ensure the immediate transfer
of CIAC to DSWD, if CIAC originated from the AFP, the AFP should be the one
who will ensure that the said CIAC will be immediately delivered to DSWD so
that immediate care and protection will be accorded. Thereafter, the DSWD shall
immediately coordinate with the PNP for the latter to document the case;
e. Whenever applicable, shall ensure that the CIAC will be assisted by a competent
and independent counsel;
f. Ensure that the CSAC are handled with respect and are protected from further
harm at all times; and
g. GCRV cases shall be handled by the Women and Children Protection Desk
(WCPD) Officer. It is the role of the WCPD Officer to ensure that the child is
accompanied by a legal guardian and/or a social worker during interview process.

13. The Presidential Human Rights Committee Secretariat (PHRC-S) shall:

a. Coordinate with the lead Executive agencies to ensure the State’s compliance
with the Convention on the Rights of the Child and its accompanying Optional
Protocols;
b. Coordinate with all concerned agencies to ensure the State’s positive and
progressive action on the recommendations arising from the Universal Periodic
Reviews (UPR) and the UN Committee on the Rights of the Child; and
c. Submit regular reports to the President on the status of the MRRS with
recommendations for policy review and reform, as necessary.

14. The Presidential Management Staff (PMS) shall:

a. Communicate to the Committee the President’s perspectives, insights, and
policies on the CIAC and grave child rights violations.

15. The Office of the Presidential Adviser on the Peace Process (OPAPP) shall:
a. Provide the overall peace perspective in the formulation of policies and
development of programs for CSAC towards their implementation;
b. Integrate the promotion and protection of child’s rights, especially of CSAC into
the peace negotiations and other peace-building programs and processes;
c. Coordinate with concerned agencies on the identification of priority conflict areas
for purposes of program/service interventions;
d. Facilitate the development of a child-specific demobilization program in
coordination with concerned agencies. This program would not require the show
or surrender of firearms by CIAC who have assumed non-combatant roles; and
e. Facilitate the implementation of programs and projects in the rehabilitation and
reintegration of CIAC in coordination with concerned agencies.

Moreover, the concerned agencies shall:

1. Ensure participation of the private/business sector, NGOs, Civil Society

Organizations (CSOs), Faith-based Organizations (FBOs) and private volunteer
organizations with services for children.

2. Ensure that actual funds, services and/or activities shall be appropriated to

program implementation from their annual Maintenance and Other Operating
Expenses budget subject to the established accounting and auditing rules and
regulations.

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 3. Members of the IAC-CIAC to formulate their respective guidelines
complementary to the objective of this E.O.

4. Enhance the CIAC Program Framework and integrate the same in their respective
annual plans, program and projects consistent with their mandates which shall be
reviewed periodically by the IAC-CIAC to ensure policy and program
synchronization.

5. Ensure commitment to support training opportunities that will develop the

expertise of representative of each government agencies in managing and
handling CIAC cases. The best interests of CIAC shall be paramount
considerations, CIAC shall be treated as victims rather than offenders irrespective
of their being members of an armed group.

If, for any reason or reasons, changes of leadership or reorganization of the agencies
parties hereof take place, this Memorandum of Agreement shall nevertheless continue to be in
full force and effect.

This Memorandum of Agreement shall take effect immediately upon the signing hereof
by the parties.

Signed this 25th day of July year 2014.

Council for the Welfare of Children

Office of the Presidential Adviser on the Commission on Human Rights

Peace Process

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 Philippine National Police

Department of Health Department of Foreign Affairs

__________________________________
ENRIQUE T. ONA
Secretary

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