Department of Education Policy on the Protection of Children in Armed Conflict

The Department of Education issued Department Order (DO) 57 series of 2017 to ensure that learners are protected and their rights respected and upheld. DO 57 was issued in fulfillment of the protections guaranteed on Section 3, Article XV of the 1987 Philippine Constitution, which states the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development. As the document states, the policy was adopted, in part, in response to particular United Nations Security Council resolutions, including:

• “United Nations Security Council Resolution (UN SCR) Nos. 1539 (2004) and 1612 (2005), which requests State parties to develop Action Plans on the recruitment and use of minors and mandates the establishment of a Monitoring and reporting Mechanism on Grave Child Rights Violations in Situations of Armed Conflict.” (Section 1, Paragraph E)
• “UN SCR No. 1882 (2009), which requires a time-bound Action Plan to address the conflict resulting to killing and maiming of children, as well as rape and other sexual violence against children.” (Section 1, Paragraph F)
• “UN SCR No. 1998 (2011), which calls upon State Parties to take decisive and immediate action against recurrent threats and attacks on schools and associated personnel, as well as to refrain from actions that impede children’s access to education.” (Section 1, Paragraph G).

Salient provisions include:

• Section 2 reaffirms the child’s right to education and the role of the education sector in strengthening the protection of its learners and school personnel during situations of armed conflict.
• Section 3 states that the policy shall apply to all employees of the Department of Education to all learners/students in the public and private elementary and secondary schools, and alternative learning centers.
• Section 4 provides for due recognition of learners as zones of peace and mandated the observance of respect for the human rights of children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination, and other conditions prejudicial to their development;
• 5 outlines the offenses committed against children that constitute flagrant violations of their human rights and have severe consequences in their lives such as:
  • killing and maiming,
  • recruitment   of children to any armed force or armed group,
  • the use/employment of children in any capacity under the context of armed conflict,
  • rape and grave sexual violence including enforced   sterilization, forced prostitution, forced marriage, or pregnancy, as well as sexual slavery.
  • Abduction of Children including kidnapping, hostage-taking, illegal detention, of any child in the context of armed conflict.
• Attacks on Schools and Hospitals
• Denial of Humanitarian Access