Republic Act

11188
SPECIAL PROTECTION OF CHILDREN IN
SITUATIONS OF ARMED CONFLICT ACT
SCOPE:
Allchildren involved in,
affected by, or
displaced by armed
conflict
CHILDREN ARE ZONES OF
PEACE
Shouldbe treated in
accordance to Article X,
Section 22 of Republic Act
No. 7610:
Article X, Section 22 of Republic
Act No. 7610
 notbe the object of attack and
shall be entitled to special respect.
They shall be protected from any
form of threat, assault, torture or
other cruel, inhumane or
degrading treatment;
Article X, Section 22 of Republic
Act No. 7610
not be the object of attack and
shall be entitled to special
respect. They shall be protected
from any form of threat, assault,
torture or other cruel, inhumane
or degrading treatment;
Article X, Section 22 of Republic
Act No. 7610

delivery of basic social services

such as education, primary
health and emergency relief
services shall be kept
unhampered;
 Article X, Section 22 of Republic
Act No. 7610
 The safety and protection of those who
provide services including those involved in
fact-finding missions from both government
and non-government institutions shall be
ensured. They shall not be subjected to
undue harassment in the performance of
their work;
 Article X, Section 22 of Republic
Act No. 7610
 The safety and protection of those who
provide services including those involved in
fact-finding missions from both government
and non-government institutions shall be
ensured. They shall not be subjected to
undue harassment in the performance of
their work;
 Article X, Section 22 of Republic
Act No. 7610
 Public infrastructure such as schools,
hospitals and rural health units shall not
be utilized for military purposes such as
command posts, barracks, detachments,
and supply depots; and
 Article X, Section 22 of Republic
Act No. 7610

 All
appropriate steps shall be taken to
facilitate the reunion of families
temporarily separated due to armed
conflict.
CHILDREN ARE ZONES OF PEACE
shall extend beyond territorial
or geographical boundaries
focus on the person of the child
whose rights shall be promoted
and protected at all times
CHILDREN ARE ZONES OF PEACE
State and all sectors concerned
shall have the responsibility to
resolve armed conflict in order
to promote the goal of children
as Zones of Peace
 CHILDREN ARE ZONES OF PEACE
 thecommunity, governmental authority and, if
appropriate, religious leadership shall preserve
the peaceful integrity of children, exemplify
mutual respect and nonviolent behavior in the
presence of children, and share their
resources to further peace and cooperation.
Rights of Children in
Situations of Armed
Conflict
The right to life,
survival and
development;
The right of special respect
and protection
against any form of abuse,
neglect, exploitation
and violation, especially in
the context of armed
conflict;
The right to be accorded
with special respect and to
be protected from any form
of direct or indiscriminate
attacks and acts of violence
The right to be protected from
recruitment into
government forces or armed groups
and from participation in armed
conflict 

Right to be protected from torture or

any cruel, inhuman
or degrading practices that compel
compliance or punish
noncompliance with recruitment or
participation in armed conflict;
The right to be
protected from
maiming, torture,
abduction, rape and
killing, especially
extrajudicial killing;
The right to be immediately provided and have
safe access to essential, adequate and culturally
appropriate food and nutrition; basic shelter and
housing; culturally appropriate clothing; water,
sanitation and hygiene; basic health services
including essential drugs, medicines and
vaccines, minimum initial service package for
reproductive health, and health professional
evaluation and appropriate intervention;
education, including religious and moral
education; early childhood care and development
programs, psychosocial support and social
services. All services provided for them must be
child-specific and gender sensitive and
responsive;
 The right to enjoy their freedom of
thought, conscience, religion or belief,
opinion and expression; to associate
freely and participate equally in
legitimate community affairs; to
communicate in a language they
understand even in situations of armed
conflict and whether or not they have
been internally displaced or are living
in evacuation centers or settlements;
The right to be treated
humanely in all circumstances,
without any adverse distinction
founded on race, color, religion
or faith. Sexual Orientation,
Gender Identity and Expression
(SOGIE), birth, wealth or any
other similar criteria;
The right not to
be interned or
confined in
camp 
The right of the injured, the wounded and the
sick, those with disabilities, those who are
separated and unaccompanied, expectant
and lactating mothers, to care, protection
and assistance required by their condition
and treatment which takes into account their
special needs such as their health needs,
reproductive health care, appropriate
counselling, prevention of infectious diseases
and Mental Health Psychosocial Support
Services;
The right to be with
their families,
especially with their
mothers, during
evacuations and in
evacuation centers;
The right to be
reunited with their
families in case of
separation due to
armed conflict;
The right to
privacy and
confidentiality in
all proceedings;
The right to non
discrimination;
The right to liberty of movement and
freedom to choose their residence; in
particular, internally displaced children
and their families have the right to move
freely in and out of evacuation centers or
other settlements, subject to existing
rules and regulations in those centers or
settlements and to other government
regulations and directives;
The right especially of internally
displaced children and their families to:
leave the country; seek safety in
another part of the country; seek other
service providers; seek asylum in
another country; and be protected
against forcible return to resettlement
in any place where their life, safety,
liberty or health would be at risk;
The right especially of internally
displaced children and their families to:
leave the country; seek safety in
another part of the country; seek other
service providers; seek asylum in
another country; and be protected
against forcible return to resettlement
in any place where their life, safety,
liberty or health would be at risk;
The right to obtain necessary documents to
enjoy their legal rights. The State shall have
the duty to expedite services in the issuance
of new documents or the replacement of
documents lost in the course of
displacement, without imposing unreasonable
conditions and without discrimination against
female child and male child, who shall have
equal rights to obtain and to be issued the
same in their own names;
The right to obtain necessary documents to
enjoy their legal rights. The State shall have
the duty to expedite services in the issuance
of new documents or the replacement of
documents lost in the course of
displacement, without imposing unreasonable
conditions and without discrimination against
female child and male child, who shall have
equal rights to obtain and to be issued the
same in their own names;
The right of access to
justice including free
legal aid when filing
cases against the
perpetrators;
The right to the
protection of their
family’s properties and
possessions in all
circumstances; and
The right to be consulted and to participate
in all matters affecting them. Whenever
feasible, views of children, as well as families
and the communities to which these children
return, should be sought in all stages of
assessment, planning, implementation and
evaluation activities aimed at preventing the
association of children with government
forces and armed groups; as well as in the
development and design of policies,
programs and services for the rescue,
rehabilitation, and reintegration of children
involved in armed conflict.
The right to be consulted and to participate
in all matters affecting them. Whenever
feasible, views of children, as well as families
and the communities to which these children
return, should be sought in all stages of
assessment, planning, implementation and
evaluation activities aimed at preventing the
association of children with government
forces and armed groups; as well as in the
development and design of policies,
programs and services for the rescue,
rehabilitation, and reintegration of children
involved in armed conflict.
PREVENTION
 Prioritize children‘s issues in the peace program of the
government and include children s concerns,
specifically the effects of armed, conflicts, in peace
negotiations;
 Pursue in both formal and nonformal settings the
mainstreaming of peace education programs and the
promotion of the culture of peace and nonviolence;
 Provide educational assistance, whether formal or
alternative learning system, that is child and culturally
sensitive. Girls should have an equal right to education
irrespective of their status as mothers or wives;

PREVENTION
Develop and implement training programs and campaign towards
promoting a culture of peace and respect for human rights and
international humanitarian law in collaboration with civil society
organizations;
 Provide capacity building on Local Governance and Community
Development, and ensure the participation of the Local Councils for the
Protection of Children, various organizations, especially of children’s and
people’s organizations at the community level. These organizations shall
be involved in consultation and decision-making processes and in the
development and implementation of programs, projects and activities
established for them;

PREVENTION
Establish livelihood programs which shall be made available to
communities in all affected areas in order to alleviate the living
conditions of the people;
 Make available basic health services in health facilities in all
affected areas. Culturally-sensitive nutrition programs and
activities including supplementary feeding shall also be made
available. Efforts to support traditional health practices in
indigenous peoples’ area shall also be initiated;
 PREVENTION
 Establish basic facilities and infrastructure
needed;
 Ensurethat child protection mechanisms are
present and functional; and
 Establisha comprehensive, effective and efficient
system for monitoring and reporting and
response for violations as provided in Section 9 of
this Act.
 PROHIBITED ACTS, PENALTIES AND
PRESCRIPTION OF CRIMES
It shall be unlawful for any person to commit the
following acts of grave child rights violations:
 Killing of children;
 Torture committed against children. For purposes
of this Act, torture shall include those enumerated
in Section 4 of Republic Act No. 9745, otherwise
known as the "Anti-Torture Act of 2009";
 Intentional maiming of children; and
 Rape of children and other forms of sexual
violence.
 PENALTY
Life imprisonment and a fine of not less than
Two million pesos (₱2,000,000.00) but not
more than Five million pesos
(₱5,000,000.00).
 PROHIBITED ACTS, PENALTIES AND
PRESCRIPTION OF CRIMES
The following acts of grave child rights violations are
also hereby prohibited:
 Cruel, inhuman and degrading treatment or punishment committed against children. For
purposes of this Act, cruel, inhuman and degrading treatment or punishment shall include those
acts enumerated in Section 5 of the "Anti-Torture Act of 2009";
 Abduction of children;
 Causal maiming of children;
 Taking children as hostages or using them as human shield;
 Recruitment, conscription or enlistment of children into government forces and other armed
groups;
 Acts of gender-based violence against children;
 Refusal or denial of humanitarian access or assistance to children;
 Use or involvement of children involved in armed conflict in any capacity as defined in Section
5(i) of this Act; and
 Attack on schools, hospitals, places of worship, evacuation centers and settlements and other
public places such as recreation parks, playgrounds and malls.
 PENALTY
Imprisonment of not less than fourteen (14)
years but not more than twenty (20) years
and a fine of not less than One million
pesos (₱1,000,000.00) but not more than
Two million pesos (₱2,000,000.00).
 PROHIBITED ACTS, PENALTIES AND
PRESCRIPTION OF CRIMES
Where the crimes committed under
paragraph (b) of this section resulted in
the killing, torture, maiming or rape of
children as enumerated in subparagraphs
(1), (2), (3) and (4) of paragraph (a),
Section 9, the penalty imposed shall be
that of Section 9(a) of this Act.
 PROHIBITED ACTS, PENALTIES AND
PRESCRIPTION OF CRIMES
Likewise, it shall be unlawful for any person to commit
the following acts:
Hamleting;
Food blockade;
Intentional delayed reporting of a child in custody;
False reporting of a child in custody ;
False branding of children or labeling children as children
involved in armed conflict; and
Arrest, arbitrary detention or unlawful prosecution of children
allegedly associated with armed groups or government forces.
 PENALTY
Imprisonment of not less than six (6) years
but not more than twelve (12) years and a
fine of not less than Five hundred thousand
pesos (₱500,000.00) but not more than
One million pesos (₱1,000,000.00).
Parental accountability of children in situations of armed conflict are
subject to the existing provisions of Presidential Decree No. 603,
otherwise known as "The Child and Youth Welfare Code"; Republic Act
No. 7610; Republic Act No. 9208, otherwise known as the "Anti-
Trafficking in Persons Act of 2003"; Republic Act No. 9231 on the
elimination of worst forms of child labor; Republic Act No. 9851,
otherwise known as the "Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity"; and
Republic Act No. 10364, otherwise known as the "Expanded Anti-
Trafficking in Persons Act of 2012": Provided, That the involvement of
the child was due to parental action or inaction; or the parent directed
or ratified the involvement of the child; or the child acted as the parent’s
agent or servant; or the child was entrusted a dangerous weapon or
instrument.
 Requirement and Procedures on Age
Verification and Presumption of Minority
• Shall enjoy the presumption of minority and shall
enjoy all the rights of a child recognized in this Act
and other applicable laws unless proven to be at
least eighteen (18) years of age or older.
• Determination:  child‘s birth certificate, baptismal
certificate or any other pertinent document
• In the absence of these documents, age may be
based on information from the child, testimonies of
other persons, the physical appearance of the child
and other relevant evidence such as dental records.
• In case of doubt as to the age of the child, it shall
be resolved in favor of the child being deemed a
minor.
 Protection of Victims and Witnesses
• The court shall take appropriate measures to protect the safety,
physical and psychological well-being, dignity and privacy of child
victims and witnesses.
• The court shall protect the privacy of child victims and witnesses and
observe confidentiality consistent with existing rules on examination of
child victims and witnesses;
• Where the personal interests of the child victims are affected, the court
shall consider the child victim’s views and concerns in accordance with
established rules of procedure and evidence; and
• Where the disclosure of evidence or information may be prejudicial to
the security of the child, witness or the family, the prosecution may
withhold such evidence or information and instead submit a summary
thereof consistent with the rights of the accused to a fair and impartial
trial.
 Rescue, Rehabilitation and Reintegration.
• Psychosocial support, health and nutrition, education,
livelihood for families and other basic or legal services, as
may be necessary.
• 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
 Release of Children Involved in Armed Conflict (CIAC)
• Develop a child-specific release program. This release
program should not make as a requirement the surrender of
arms by CIAC;
• Monitor and document the status of CIAC who undergo either
a formal or informal release process;
• 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 considering the
confidentiality of records;
 Release of Children Involved in Armed Conflict (CIAC)
• Mobilize and strengthen networks for referrals;
• 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
• 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.
 Release of Children Involved in Armed Conflict (CIAC)
• Mobilize and strengthen networks for referrals;
• 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
• 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).
• The identity of rescued CIAC shall be protected. Any identifying
information regarding them shall remain confidential;
• 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;
• 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);
 Rescued, Taken into Custody, or Surrendered Children
Involved in Armed Conflict (CIAC).
• 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);
• 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;
• The LSWDO shall facilitate the family tracing and coordinate
with parents, relatives or guardians of the CIAC to inform
them of the handover;
 Rescued, Taken into Custody, or Surrendered Children
Involved in Armed Conflict (CIAC).
• 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;
• 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;
 Rescued, Taken into Custody, or Surrendered Children
Involved in Armed Conflict (CIAC).
• The LSWDO, in coordination with other agencies, shall enter the CIAC
into the child-specific reintegration programs; and
• 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.