February 26, 2006 · Posted in: Governance, State of Emergency
Children’s rights group assails treatment of arrested minors
OUR post about UP sociology professor and Inquirer columnist Randy David’s experience getting arrested and detained at Camp Karingal with close to a hundred other marchers last February 24 has caught the attention of the children’s rights advocacy group Coalition to Stop Child Detention Through Restorative Justice. Below is its statement condemning the assault on children’s rights in the name of Proclamation No. 1017.
Resist despotic assault against children’s liberties
Events that unfolded following President Arroyo’s unlawful arrogation of martial law powers unto herself show children as among the nameless and faceless casualties of this brutal assault upon civil liberties.
In an interview with the Philippine Center for Investigative Journalism following his arrest, UP Professor Randy David narrated that scores of children have been arrested and detained in the wake of the government’s crackdown on dissenters by virtue of Arroyo’s Proclamation 1017 (`My arrest was providential’ — Randy David; Feb. 26; http://www.pcij.org/blog/?p=653). David was among the first to be detained after Arroyo declared a state of emergency.
The children, according to David, were among the protestors who were arrested last February 24 by the police while en route to the EDSA Shrine to commemorate the anniversary of the February 1986 People Power Revolution. The number of those arrested and detained at Camp Karingal, initially numbering about 30, swelled to 85. They were mostly women and children, including a seven year old, from slum communities, such as Bagong Silang in Caloocan, according to the PCIJ report.
The child prisoners were deprived of food and herded to Camp Karingal’s firing range.
According to David: “Most were children from the slums who hadn’t eaten since the time they were brought in. Worse, the policemen were violating the rights of the children by having them fingerprinted, taken mugshots of, and charged like they were not aware that the minors are protected by the United Nations Convention on the Rights of the Child.”
The Coalition denounces Proclamation 1017 as an utter nullity for being constitutionally overbroad and by virtue of the void-for-vagueness rule. In violation of the 1987 Philippine Constitution and the International Covenant on Civil and Political Rights, Arroyo arbitrarily claimed for herself dictatorial powers to personally promulgate decrees, orders and regulations over an unlimited period and under unspecified conditions by virtue of Proclamation 1017.
No presidential authority justifies a brazen assault upon the children’s civil and political rights, especially on the occasion of the commemoration of the People Power Revolution that ended Marcos’ reign of terror.
As Justice O’Connor declared: “We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens.” (Hamdi v. Rumsfeld; 542 U.S. __ 2004). In his dissent, Justice Stevens remarked: “For if this Nation is to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny.” (Rumsfeld v. Padilla; 542 U.S. __ 2004)
We strongly urge children’s human rights advocates to dismantle Proclamation 1017’s pangs of tyranny.
Perfecto Caparas
Convenor
Coalition to Stop Child Detention Through Restorative Justice
7 Responses to Children’s rights group assails treatment of arrested minors
naykika
February 26th, 2006 at 6:18 pm
It is sad that only now that an activist, a prominent opposition, a human right advocate just realized that he is one among the privileged class in a society he is fighting so hard to eliminate the so called “class”. And it took a “mistake” to bring forth his realization. Yes, Mr. David, from half way the world, I have seen long time ago how the children are being treated, how the poor and the underprivileged are being treated. And you are one among the lucky ones. I was privileged to share some of my views with you in your column and I thank you for your appreciations and thanks for them. But Isn’t now the time to do something concrete about them, instead of wasting your energy in the same Old fashion activism that hasn’t brought change ever since?? Time has change, but situation has gotten worse. Your method of trying to bring about change has not change at all..I am not as privileged as you are, but I happen to live in country where privileges open to all. And as time goes, we also change our methods to bring about these changes. Thanks
To the Coalition to Stop Child Detention Through Restorative Justice :
The assault on the rights of Children has been going on long before the Proclamation of State of Emergency. Please do not make this issue to cover another issue. Bringing the Children in a rally and protest with the chance of violent interruptions is a violation of these children rights in the first place. Think about it. Adults can do things they want, but using children that put them in danger is an issue you should also consider. Don’t get me wrong, we fought every which way to protect the rights of our children. We, under our law would not even allow parents to excessively descipline their children. I am no defender of the sitting government over there. I believe the Proclamation itself is for the benifits of her government and perhaps to avoid a bloody confrontation, since there is no more people power to get in between the two hungry lions on both sides. More Power to your organization and may you realize your goals which we all will appreciate.
Alecks Pabico
February 26th, 2006 at 6:30 pm
Naykika,
As I understand, the children were with their families who were intending to join the peaceful celebration of the 20th anniversary of Edsa 1 that day. They had no inkling that a state of national emergency will be declared and that they will be suffering that fate.
naykika
February 26th, 2006 at 6:44 pm
But Alecks all the signs and restlessness were in the air. I think it is prudent on the part of the parents and authorities not to allow children in such celebration that may turn violent.
luzviminda
February 26th, 2006 at 11:21 pm
Naykika,
These parents with their children were going to EDSA to ‘CELEBRATE’. And the SONE was declared at the last minute (in the wee hours in the morning). These people don’t have their eyes glued on television and radio for updates. Remember that everything was all set for the celebration, with all rally permits secured. If the violation is a traffic related one, like ‘out-of-line’, the police need not arrest them. This is an ABUSE OF POWER. The police could have just issued a traffic violation ticket and order them back where they came from. Now who will take responsibility to these ABUSES!
Sana hindi ka maging BIKTIMA!!!
Alecks Pabico
February 27th, 2006 at 1:50 am
Granted, Naykika. But seeing that there were children, shouldn’t the police have exercised more restraint? It’s even more appalling that they were not aware that they were violating the rights of children.
naykika
February 27th, 2006 at 2:10 am
Knowing the Mentality of the Police Authorities as the Protector of those who are in power, and the chance to hit the limelight, what do you expect? My point is not just this particular event. Any event that has the tendency to turn violent like rally and protest and also in time where their is ongoing crisis in the government. Until such time when our police and our government can guarantee that protection, I stick to my suggestion that parents and ngos should assume the responsiblity. Thanks…
Luzviminda: I have been around during the Marcos Martial Law. I have been in the country the worst of time. Don’t worry me being a victim, AT this momnet of time I care less about myself and I care more about my folks who are also living there with you and the rest of the Pilipino People.
naykika
March 1st, 2006 at 5:10 am
I would like to add further comments regarding the Mentality, SOPs and attitudes of Police Authorities as compared to our Police Authorities here in Canadian jurisdictions.
Our Police Officers are the only Citizens who can legally carry firearms and are authorized to use in performance of their duty. It is therefore apparent that enormous investment should be expended in their training, and also to their acquiisition of knowledge of laws and fundamental human rights and most importanly the privacy rights and the rights of the Minors (children). The reason why in so many cases the Police, who are vested with unparallel power to protect these rights are themselves ignorant of these rights, hence the violation of the rights of the children. Minors under our laws could never be identified in a criminal or any illegals activities proceedings unless by court order. They can not be finger printed, nor photograph. And lastly Children should alway be treated as children until they become adults.