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“Children have the Right to Education

even in times of conflict.”

“Every person has the Right to Education.”


ASEAN Human Rights Declaration, adopted November 2012, article 31(1)

Office of the Undersecretary for Administration


Department of Education

with the support of


Disaster Risk Reduction and Management Service
External Partnership Service, Public Affairs Service, Planning Service
DepEd-ARMM (Autonomous Region in Muslim Mindanao)

Facebook: DepEd Tayo Email: usec.admin@deped.gov.ph


Mobile: +639260320762 Landline: +6326337203
Army Scout Rangers flushing out terrorist snipers take positions in an abandoned classroom in Marawi City
Wednesday. The well-entrenched terrorists are proving to be a formidable enemy. (Noel Celis/AFP | Manila Bulletin
Noryassin, Grade 8, stands in
File Photo)
the rubble of what used to
2017 be their classrooms in Butig 2017
National High School. The
school was occupied by the
Maute Group in November,
forcing the Armed Forces to
bomb it.

Thing is, he still goes to


school here, along with
the handful of children
who dared to return. They
have no other place to go.
And the school is still in
shambles because they
can’t afford any repairs.
(photo and caption by chiara
zambrano, instagram.com/
chiarazambrano)

High Level Social Development


Goals Action Event on Education WHAT IS THE


UN Headquarters, New York SAFE SCHOOLS DECLARATION?
The Safe Schools Declaration is an inter-governmental political commitment
that provides countries the opportunity to express support for protecting students,
“Whatever is happening in the teachers, schools, and universities from attack during times of armed conflict;
country, whatever challenges the importance of the continuation of education during armed conflict; and the
we are facing, education must implementation of concrete measures to deter the military use of schools.
continue… Education cannot
By joining the Safe Schools Declaration, states commit to undertake several
wait, our learners cannot common-sense steps to make it less likely that students, teachers, schools, and
wait. We continue with the universities will be attacked, and to mitigate the negative consequences when such
process so we can give hope, attacks occur.
continuity and contribute to the
normalization of activities in What is the link between the Safe Schools
the country.” Declaration and the Guidelines?
Secretary The Guidelines were drawn up with the aim of better protecting schools and
Leonor Magtolis Briones universities from use by armed groups for military purposes, and to minimize the
negative impact that armed conflict has on students’ safety and education. They provide
concrete guidance to states and non-state armed groups for the planning and execution
Secretary Briones also expressed support
June 28, 2017 for the Safe Schools Declaration in view of
of military operations. They may also serve as a tool for organizations engaged in
the DepEd policy of schools being “Zones
monitoring, programming, and advocacy related to the conduct of armed conflicts.
of Peace.”

01 02
March 28-29, 2017 2017
DepEd Undersecretary Alain Pascua
and Philippine Embassy in Buenos
Aires Vice Consul Miguel Hornilla
participated in the
2nd International Conference on Safe
Schools in Buenos Aires, Argentina on
March 28-29, 2017.

In the forum, Undersecretary Pascua


expressed the strong advocacy of the DepEd on declaring schools as zones of
peace, and the desire to work on the signing of the Philippine government of the
Declaration.

June 4,2017-Mindanao-wide June 15,2017-nationwide

D ue to the recent incidents of violence


and armed conflict in Marawi City and
the bombings and firefights near schools
in Mankayan Town in Benguet, both of which
DepEd is also initiating
resulted in the disruption of classes, the
Department deems it essential and timely to
a Nationwide awareness
reiterate DO 44. S. 2015 or the Declaration of campaign anchored on
Schools as Zones of Peace xxx.
Schools as Zones of Peace.
In the case of Marawi City, where
as much as 20,000 students are believed
to be displaced, the Department has Apart from reiterating the
initiated interventions to accommodate aforementioned DO, DepEd is also
these students by extending enrollment initiating a Nationwide awareness
until the end of June, and waiving the usual campaign anchored on Schools as Zones
documentary requirements. DepEd believes of Peace. Xxx All schools are instructed
that education must never stop, and instead to post the official tarpaulin designs sized
should continue for these children to provide 3 by 8 feet (attached) declaring schools
them hope, and bring back a sense of as Zones of Peace, at least on two on
normalcy. both sides of the school front gate, and
on all other sides of or around the school
Worldwide, schools are universally to make the message prominent and
treated as neutral zones despite being in the noticeable. Xxx
middle of areas of intense armed conflict,
and are free from the presence of armed
combatants regardless of what side they
are from. It is imperative that this point be
stressed, and that our schools be accorded
the same respect – that schools are places Leonor Magtolis Briones
for learning, caring, and nurturing. A true Secretary of Education
second home for our students.

As part of DepEd’s initial response to the Marawi crisis, a DepEd Order was issued to have schools posts banners
declaring their schools as Zones of Peace. The move was met with widespread support, and helped create
03 awareness for learners, teachers, and the communities surrounding the schools. 04
Where there used to be
Students and learning, all
that is left now are chairs
and silence.

July 18, 2017

Inter-Agency Meeting to Discuss


the Philippine Position on the LETTERS
Safe Schools Declaration. TO THE DFA AND OPPAP
BY DEPED SECRETARY
LEONOR MAGTOLIS BRIONES
Called by the Office of the United Nations
and International Organizations of the
their commitment to support DepEd’s advocacy
to protect schools and children from armed
Department of Foreign Affairs attended by conflict pointing to an earlier issuance of a DND
Department of Foreign Affairs, Department Department Circular on the subject. DepEd
of Education, Department of Social Welfare Undersecretary Alain Pascua also informed
and Development, Armed Forces of the the group of its initiative to include the
Philippines, Philippine National Police, declaration of schools as zones of peace in the July 21,2017
Office of the Presidential Assistant on the government’s peace agenda to encourage the
Peace Process, Department of National commitment of all non-state armed groups.
Defense, Department of Interior and Local
Government.

There was a unanimous


agreement to endorse Secretary Secretary
the signing of the JESUS G. DUREZA ALAN PETER CAYETANO
Declaration citing the Presidential Adviser Department of Foreign
enhancement of our on the Peace Process Affairs Manila
moral ascendancy over Ortigas Center, Pasig City.
various armed groups
we are negotiating
Towards this end, we have in fact We at the Department of Education
peace with if we sign the
Declaration. prepared a draft – Joint Agreement on fully accept and endorse the Safe Schools
The same discussion Safe Schools Declaring Schools, Learners, Declaration. It is imperative that the
pointed out that there Teachers and Community Members as Zones Philippines be a party and signatory to this
would be no legal of Peace and Places of Neutrality (Annex inter-government commitment as soon as
backlash in signing the “B”) for the consideration of the Office of possible. Much more so with the ongoing
Declaration. As far as the Presidential Adviser on Peace Process armed conflict in Marawi, and other parts of
the DND is concerned, (OPAPP) for submission to the various Peace the country.
they have expressed Tables, as a way of operationalizing the Safe
Schools Declaration.
05 06
2017 2017
Summary of EBEIS* SY 2013 to SY 2016 Data on Schools Affected by Armed Conflict and Other Related Incidents
Total No. of Total No. of
No. of Schools w/ Civilian No. of CIvilian VIolence No. of Schools w/ Armed No. of Armed Conflict Total No. of Total No. Armed
TOTAL SCHOOLS Schools w/ Schools w/Armed
VIolence Incidents Incidents Conflict Incidents Incidents Civilian Violence
Civilian Violence
Conflict
Conflict
Incidents Incidents
Incidents Incidents
2013 2014 2015 2016 2013 2014 2015 2016 2013 2014 2015 2016 2013 2014 2015 2016 2013 2014 2015 2016
ARMM 2,689 2,631 2,3202,649 168 10 23 42 362 14 67 102 272 24 98 120 511 30 198 292 243 545 514 1,031
CAR 2,146 2,157 1,8572,162 17 1 1 1 28 1 1 12 27 0 3 5 56 0 7 5 20 42 35 68
CARAGA 2,308 2,327 1,9212,401 27 1 10 11 49 1 23 18 119 3 78 110 261 3 159 218 49 91 310 641
NCR 3,184 3,161 2,9983,665 14 0 4 9 15 0 4 10 0 0 1 3 0 0 1 3 27 29 4 4
NIR 2,758 16 23 12 20 16 23 12 20
REGION I 3,683 3,690 3,170 3,737 7 0 1 7 19 0 1 7 5 0 0 2 7 0 0 2 15 27 7 9
REGION II 3,085 3,079 2,698 3,099 9 1 6 5 14 1 6 10 23 3 4 13 72 4 6 32 21 31 43 114
REGION III 5,681 5,724 5,121 5,903 24 1 6 16 32 1 6 20 13 1 2 11 18 1 2 17 47 59 27 38
REGION IV-A 7,001 7,048 6,498 7,442 26 2 6 10 64 2 6 16 31 1 8 11 99 1 8 16 44 88 51 124
REGION IV-B 2,525 2,522 2,182 2,621 14 0 2 4 65 0 3 11 15 1 6 13 76 2 7 47 20 79 35 132
REGION V 4,414 4,403 3,773 4,482 42 2 11 20 79 2 16 38 79 4 23 62 164 5 31 112 75 135 168 312
REGION VI 5,279 5,284 4,675 3,664 31 1 10 3 61 2 17 14 36 1 11 10 51 2 24 46 45 94 58 123
REGION VII 4,753 4,777 4,031 3,935 30 4 8 9 46 6 23 11 58 3 10 1 71 5 22 1 51 86 72 99
REGION VIII 4,464 4,468 3,972 4,514 51 1 12 12 94 1 17 13 49 6 29 36 97 8 55 59 76 125 120 219
REGION IX 2,754 2,770 2,402 2,833 208 23 63 75 594 41 253 480 409 22 41 47 709 36 117 160 369 1,368 519 1,022
REGION X 3,209 3,208 2,834 3,229 83 1 14 26 195 2 19 62 163 2 64 78 342 3 107 199 124 278 307 651
REGION XI 2,536 2,577 2,341 2,786 40 2 9 14 91 2 13 21 120 15 66 123 256 23 186 265 65 127 324 730
REGION XII 2,723 2,732 2,277 2,811 103 3 25 33 202 4 59 68 275 14 78 100 599 21 174 175 164 333 467 969
GRAND TOTAL: 62,434 62,558 55,070 64,691 894 53 211 313 2,010 80 534 936 100 100 522 757 3,389 144 1,104 1,699 1,471 3,560 3,073 6,306

Notes:

1. Data is from DepEd EBEIS for SY 2013 to SY 2016.


2. Armed Conflict Incidents are defined in the EBEIS as “Armed conflict as a result of
organized crime (terrorism, siege, etc.)”.
3. Civilian Violence Incidents are defined in the EBEIS as “Security threat as a result of
civilian violence (bomb threats, kidnapping threats, hostage taking, shooting, etc.)”.
4. * - Enhanced Basic Education Information System

07 08
R ecognizing the right to education and
the role of education in promoting
understanding, tolerance and friendship
among all nations; determined progressively
to strengthen in practice the protection of
civilians in armed conflict, and of children
and youth in particular; committed to
working together towards safe schools for
all; we endorse the Guidelines for protecting

SAFE schools and universities from military use


during armed conflict, and will:

SCHOOLS • Use the Guidelines

DECLARATION • Make every effort at a national level to collect


reliable relevant data

• Investigate allegations of violations

• Develop, adopt and promote conflict-sensitive’


approaches to education
• Seek to ensure the continuation of education

• Support the efforts

• Meet on a regular basis, inviting relevant LIST OF REFERENCES IN SUPPORT OF DEPED’S


POSITION ON SCHOOLS AS ZONES OF PEACE
international organisation and civil society,

The 1987 Philippine Constitution


GUIDELINES FOR PROTECTING Children as Zones of Peace – Children are
hereby declared as Zones of Peace. It shall

SCHOOLS AND UNIVERSITIES “Article XIV Section 1. The State shall protect be the responsibility of the State and all
and promote the right of all citizens to other sectors concerned to resolve armed
conflicts in order to promote the goal of
FROM MILITARY USE DURING
quality education at all levels, and shall take
appropriate steps to make such education children as zones of peace.. To attain this
accessible to all.” objective, the following policies shall be
ARMED CONFLICT observed.. (e) Public Infrastructure such as
“Article XV, Section 3 (2). The state shall defend schools, hospitals and rural health units shall
the right of children to assistance, including not be utilized for military purposes such as

P
All parties to armed conflict should, proper care and nutrition, and special command posts, , “barracks, detachments
arties to armed conflict are urged not
as far as possible and as appropriate, protection from all forms of neglect, abuse, and supply depots….”
to use schools and universities for
incorporate these Guidelines into, for cruelty, exploitation and other conditions
any purpose in support of their military
example, their doctrine, military manuals, prejudicial to their development.” DepEd Order No. 57 s. 2017
effort. While it is acknowledged that
rules of engagement, operational orders,
certain uses would not be contrary to Republic Act No. 7610 or An Act
and other means of dissemination, Recognizing the negative impact of armed
the law of armed conflict, all parties
to encourage appropriate practice Providing for Stronger Deterrence conflict, the Department of Education
should endeavour to avoid impinging on reaffirms the child’s right to education
throughout the chain of command. and Special Protection against
students’ safety and education, using and the role of the education sector in
Parties to armed conflict should Child Abuse, Exploitation, and
the following as a guide to responsible strengthening the protection of its learners
determine the most appropriate method Discrimination, Article X (22) (e),
practice. and school personnel during situations of
of doing this. June 17, 1992: armed conflict. In addition, the Department
recognizes the need to continue
09 10
the provision of education during times DepEd Order No. 31,
of armed conflict and the implementation from all forms
Series of 2006, entitled of abuse and
of concrete measures to prevent the use f
schools and attack on schools.
“Implementation of exploitation and care
Policy Instruments in as is necessary for
DepEd Memorandum No. 157, series Reporting Cases of the child’s well-being,
of 2013 or the Dissemination of Children involved in taking into account
Executive Order No. 138, entitled Armed Conflict”: the primary rights and
“Adopting the Comprehensive duties of parents, legal
“xxx, the Department guardians, or other
Framework for Children in Armed as a signatory to the individuals who are
Conflict, Strengthening the Council Memorandum of legally responsible
for the Welfare of Children (CWC) and Agreement signed by the and exercise custody
for other purposes”: members of IAC-CIAC over the child. Zero
is required to ensure tolerance for any
“The Comprehensive Program Framework educational opportunities act of child abuse,
for Children in Armed Conflict (CIAC for all children in all areas, exploitation, violence,
Program Framework) addresses the alarming develop culture-sensitive
involvement of children in armed conflict,
discrimination,
curriculum or manuals bullying and other
either as combatants, couriers, guides, on children, peace and
spies, medics, cooks, or their recruitment forms of abuse.”
human rights to be used
for sexual purposes or in any other similar, in all areas, especially
non-combatant capacity and directs indigenous peoples (IPs) Davao City
national government agencies and Local
communities/areas, make Children’s Welfare
Government Units (LGUs) to implement the Code, December 2,
available non-formal
same, under the leadership of the Office of 1994:
education programs and
the Presidential Adviser on the Peace Process
other alternative learning
(OPAPP); facilities where schoolchildren are able “Section 16 …(e) Public Infrastructure such as
systems to children in identified conflict
to learn a range of core competencies schools, hospitals and rural health units shall
areas, and declare schools as zones of
prescribed for elementary and high not be utilized for military purposes such as
peace.”
school education programs or where command posts, barracks, detachments and
It shall be the responsibility of DepEd No. 44, Series of 2005
the out-of-school youth and adult supply depots...”
learners are provided alternative learning
the State and all other sectors Declaration of Schools as Zones of programs and receive accreditation for
concerned to resolve armed Peace: at least the equivalent of a high school Comprehensive Agreement on
education” [Sec. 3(g)].” Respect for Human Rights and
conflicts in order to promote “xxx, under Republic Act No. 7610, known International Humanitarian Law,
the goal of children as zones of as the “Special Protection of Children Government of the Republic of
Against Child Abuse, Exploitation and DepEd Order No. 40, series of 2012 the Philippines and the National
peace .... Discrimination Act”, states that “... Child Protection Policy: Democratic Front of the Philippines,
Children are hereby declared as Zones March 16, 1998.
of Peace. It shall be the responsibility of “The policy aims to protect the child from
A Monitoring, Reporting, and Response all forms of violence that may be inflicted
System for Grave Child Rights Violations the State and all other sectors concerned “Article 4(7): Personnel and facilities of
to resolve armed conflicts in order to by adults, persons in authority as well as
in Situations of Armed Conflict is hereby schools, the medical profession, religious
promote the goal of children as zones of their fellow students, including bullying.
created to act as the monitoring arm within institutions and place of worship,
peace ...” (Article X, Sec. 22). To provide special protection to
the CIAC Program Framework with the voluntary evacuation centers, programs
Whereas, under Republic Act No. children who are gravely threatened or
primary objective of protecting children in and projects of relief and development
9155, known as the “Governance on endangered by circumstances which
situations of armed conflict by preventing shall not be target of any attack.
Basic Education Act of 2001 ”, one of affect their normal development and
the occurrence of grave child rights violations The persons of said entities shall be
the purposes and objectives of the over which they have no control, and to
and ensuring the provision of appropriate guaranteed their safety...”
Department of Education (DepED) is “to assist the concerned agencies in their
and timely response in the event of such
establish schools and learning centers as rehabilitation.
violations.”
To ensure that such special protection
11 12
Cotabato Province, Child and Youth 2017
The policy aimS to protect Welfare Development Code 2003,
the child from all forms Provincial Ordinance No. 292:
of violence that may be Section 89 …(g) Public Infrastructure such
inflicted by adults, persons in as schools, hospitals and rural health units
shall not be utilized for military purposes
authority ... such as command posts, barracks,
detachments and supply depots...”

Cebu City Children’s Code of


2001, Ordinance No. 1874 (AN Armed Forces Letter Directive No.
Ordinance Establishing the Cebu 34, 2009, GHQ AFP, November 24,
City’s Children’s Code and for other 2009, par. 7:
Purposes January 24, 2001:
“To attain this objective, all (Armed Forces
of the Philippines) personnel shall strictly
“Section 16 …(e) Public Infrastructure such
abide and respect the following: ..(e) Basic
as schools, hospitals and rural health units
Infrastructures such as schools, hospitals
shall not be utilized for military purposes
and health units shall not be used for
such as command posts, barracks,
military purposes such as command
detachments and supply depot...”
posts, barracks, detachments and supply
depots.”

This orange room used to be


Teacher Nadja’s classroom in
Butig National High School,
before it was attacked and
overrun by the Maute Group,
and eventually bombed by
the AFP to get the terrorists
out. “Favorite color ko orange,
kaya pinunturahan ko siya
ng orange. Diba pag class
adviser ka, pagandahan kayo
ng decorate ng classroom
ng mga ibang adviser? Wala
na. Sayang. Yung sunflower
na lang ang natira.” (Photo
and Caption by Chiara
Zambrano, instagram.com/
chiarazambrano)

13 14
harm to individuals and societies. Access armed conflict in Marawi, and othver parts of for any activity related to the armed
ANNEX I to education may be undermined; the
functioning of educational facilities may
the country. conflicts;

be blocked, or education personnel and By joining the Safe Schools Declaration, d) Ensure that the schools and other

ENDORSEMENT OF THE SAFE students may stay away, fearing for their
safety. Attacks on schools and universities
states commit to undertake several common-
sense steps to make it less likely that
educational facilities are free from
the presence of armed combatants,

SCHOOLS DECLARATION have been used to promote intolerance and


exclusion – to further gender discrimination,
students, teachers, schools, and universities
will be attacked, and to mitigate the negative
whether from the government or
from other contending forces;

AND JOINT AGREEMENT ON for example by preventing the education of


girls, to perpetuate conflict between certain
consequences when such attacks occur.
e) Isolation of schools from any clan
communities, to restrict cultural diversity, and
SAFE SCHOOLS – DECLARING to deny academic freedom or the right of
Towards this end, the DepEd
is proposing the execution of a Joint
wars and targets of propaganda and
any other psychological operations
association. Where educational facilities are
SCHOOLS, LEARNERS, used for military purposes it can increase the
risk of the recruitment and use of children by
Agreement/s Declaring Schools, Learners,
Teachers, and Community Members as Zones
of any side of the armed conflicts;
and

TEACHERS, AND COMMUNITY


of Peace and Places of Neutrality between
armed actors or may leave children and youth the Philippine Government and the non-state f) Presence of a resilient educational
vulnerable to sexual abuse or exploitation. In armed groups who are presently negotiating system capable of withstanding the
MEMBERS AS particular, it may increase the likelihood that
education institutions are attacked.
with the Government Peace Panel. negative effects of armed conflicts
through the establishment of
ZONES OF PEACE AND PLACES By contrast, education can help to protect
Alarmed by the recent incidents of
schools being damaged as well as students
measures to reduce to the minimum
the disruptions in the conduct of
OF NEUTRALITY children and youth from death, injury and
exploitation; it can alleviate the psychological
and personnel being seriously affected by
armed conflicts, there is a crucial need to
classes.

SAFE SCHOOLS DECLARATION (Oslo, Norway, impact of armed conflict by offering routine initiate efforts to extricate and save them
28 May 2015): and stability and can provide links to other through a Joint Agreement to be entered The DepEd and the entire government
vital services. Education that is ‘conflict into by and between the Government of the must ensure that education will continue
“The impact of armed conflict on education sensitive’ avoids contributing to conflict and Republic of the Philippines (GRP) and each despite the incidents of unrest. Education
presents urgent humanitarian, development pursues a contribution to peace. Education is of the respective non-state armed groups cannot wait, the Filipino learners cannot wait.
and wider social challenges. Worldwide, fundamental to development and to the full currently involved in the Peace Talks. Whatever conflict is happening in the country,
schools and universities have been bombed, enjoyment of human rights and freedoms.” whatever challenges the country is facing,
shelled and burned, and children, students, The Joint Agreement seeks to bind both education must continue.
teachers and academics have been killed, The Safe Schools Declaration is an inter- parties to mutually agree to the realization and
maimed, abducted or arbitrarily detained. governmental political commitment that attainment of the following objectives:
Educational facilities have been used by provides countries the opportunity to express
parties to armed conflict as, inter alia, bases, support for protecting students, teachers, a) Establishment of schools as zones
barracks or detention centres. Such actions schools, and universities from attack during of peace by including it as part of
expose students and education personnel to times of armed conflict; the importance of the peace agenda, securing the
harm, deny large numbers of children and the continuation of education during armed commitments of all parties to the
students their right to education and so deprive conflict; and the implementation of concrete conflicts, to isolate the educational
communities of the foundations on which to measures to deter the military use of schools. system from its impact and adverse
build their future. In many countries, armed effects;
conflict continues to destroy not just school Unfortunately, the Philippines is not yet
infrastructure, but the hopes and ambitions of a signatory to the Safe Schools Declaration. b) Recognition of all schools nationwide
a whole generation of children. as places of neutrality that should
The Department of Education fully never be considered as targets of LEONOR MAGTOLIS BRIONES
Attacks on education include violence accepts and strongly endorses the Safe any armed action; Secretary
against educational facilities, students and Schools Declaration. It is imperative that Department of Education
education personnel. Attacks, and threats the Philippines be a party/signatory to this c) Non-recruitment of learners,
of attack, can cause severe and long lasting inter-government commitment as soon as teachers, and other educational
possible. Much more so with the ongoing personnel as combatants or support
personnel and should not be enlisted

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their families and to receive armed combatants, whether or in preparation of armed
relief package as a priority; from the government or from confrontations or armed

ANNEX II Children have the right to live


the other contending forces; violence that put children’s lives
at risk and their rights violated;
in peace, and to express their Isolation of schools from

PROPOSED JOINT AGREEMENT views even in conflict.

Section 4. Both parties shall


any clan wars and targets of
propaganda and any other
psychological operations of any
(d) Armed group refers to an
armed non-state actor or non-
state entity engaged in armed

ON SAFE SCHOOLS DECLARING observe the protection


guaranteed under the
side of the armed conflicts; and violence against the state and
/ or its governmental armed

SCHOOLS, LEARNERS, TEACHERS,


Convention on the Rights of Presence of a resilient forces or against other non-
the Child, its Optional Protocol educational system capable state armed groups, actors or
on the involvement of children of withstanding the negative non-state entities;

AND COMMUNITY MEMBERS in armed conflict and all


other human rights treaties,
effects of armed conflicts
through the establishment (e) Attacks on schools,
hospitals, places of worship,
AS ZONES OF PEACE
other pertinent international of measures to reduce to the
instruments and protocols minimum the disruptions in the evacuation centers and public
ratified by the Philippines, conduct of classes; places where children are

AND PLACES OF NEUTRALITY the rights guaranteed by the


Philippine Constitution and
all existing laws, rules and
Section 2. Definition of Terms.
usually found refer to the
occupation, shelling, targeting
for propaganda of schools,
regulations relevant thereto. (a) Abduction of children refers hospitals or places of worship;
to the seizure, apprehension, causing damage to such places,
ARTICLE II taking in custody, detention or harm or inquiry to their
or interpreted as in any way or Objectives and Definition of or capture of one or more personnel; or causing the total
The Parties to this Agreement, sense altering or diminishing Children have the right Terms children either temporarily or or partial physical destruction
any existing agreements or to survival, protection, permanently by force, threat of of such facilities; or disruption
Reaffirming the right to understandings between the development and participation. Section 1. The parties mutually force or coercion, or deception of educational activities and
education and the role of parties, They need a protective, secure agree to the realization and for the purpose of any form of health services. It also refers
education in promoting and stable environment in attainment of the following exploitation of such children in to attacks of such places
understanding and tolerance Have agreed as follows: which to grow and develop so objectives: the situation of armed conflict; which have been temporarily
to strengthen the protection their moral, psychological, social abandoned by the community
of civilians in armed conflict and spiritual development Establishment of schools as (b) Acts of gender-based as a result of armed conflict,
and of children and youth in ARTICLE 1 needs can be met by their zones of peace by including it violence refer to physical or unless these places have been
particular, Guiding Principles family and community; as part of the peace agenda, sexual violence other than declared as a “no man’s land”;
securing the commitments of rape, and psychosocial harm
Recognizing the desire to Section 1. Both parties shall Children have the right not to all parties to the conflicts, to that is committed against a (f) Child refers to:
protect students, teachers, respect the human rights of be used by any party in armed isolate the educational system person as a result of power
schools and education children in situations of armed conflict in any way; from its impact and adverse inequalities that are based on (1) A person below eighteen
stakeholders from attacks, conflict from all forms of abuse, effects; gender roles. These include, (18) years of age; or,
and the importance of the violence, neglect, cruelty, Children have the right to among others, false branding or
continuation of education discrimination and other childhood. A child growing Recognition of all schools labeling of children involved in (2) A person (18) years of age
during times of armed conflicts conditions prejudicial to their up in a conflictaffected nationwide as a place of armed conflict, false reporting or older but who is unable to
and implementation of development; environment has little time neutrality that should never of a child in custody, delayed fully take care of one’s self; or
concrete measures to deter for carefree play and other be considered as target of any reporting, sexual slavery, protect one’s self from abuse,
military use of schools, Section 2. Both parties shall childhood pursuits; armed action; prostitution, forced marriage, neglect, cruelty, exploitation or
consider as paramount the best forced pregnancy or forced discrimination; and unable to
Desiring to declare schools interest of children, recognize Children have the right to be Non-recruitment of students, sterilization; act with discernment because
as zones of peace through and respect their dignity as protected from any negative teachers and other educational of physical or mental disability
its inclusion in the peace human beings and treat all of consequences of armed personnel as combatants or (c) Armed conflict refers to or condition;
agenda thereby isolating the those involved in, affected by, or conflict, including the physical support personnel and should armed confrontations occurring
educational system from the displaced by armed conflict as and psychological effects; not be enlisted for other activity between governmental armed (g) Child protection
impact of the conflicts to victims; related to the armed conflicts; forces and one or more armed refers to measures, structures,
achieve a resilient educational Children have the equal right to groups, or between such and activities that ensure the
system, Section 3. Both parties shall be helped and recovered from Ensure that the Schools and groups arising in the Philippine prevention and response to
recognize and respect the the effects of conflict. They have other educational facilities territory. These shall include abuse, neglect, exploitation
Agreeing that nothing in this following rights of children in the right to be rescued from are free from the presence of activities which may lead to and violence affecting children.
instrument shall be considered armed conflict: conflict, to be reunited with

17 18
It shall include the promotion supplies in a particular area consent of the State or parties
of their development and where children can be found; concerned and does not
psychosocial well-being; prescribe coercive measures in
(m) Governmental the event of refusal, however
(h) Children involved in armed forces refers to the unwarranted;
armed conflict (CIAC) refers Armed Forces of the Philippines
to children who are either (AFP) including the paramilitary (r) Humanitarian
forcibly, compulsorily recruited forces, the Philippine National assistance refers to any
or who voluntarily joined Police (PNP) and other law aid that seeks to save lives
any governmental armed enforcement agencies; and alleviate suffering of a
forces or any armed group in crisis-affected population.
any capacity to participate (n) Grave child rights Humanitarian assistance must
directly in armed hostilities violations refer to the crimes be provided in accordance
as combatants or as fighters, committed against children with the basic humanitarian
or take support roles such as that constitute flagrant principles of humanity,
scouting, spying, sabotaging, violations of their human rights impartiality, independence
acting as decoys, assisting in and have severe consequences and neutrality. Assistance
checkpoints, acting as couriers, on their lives. These crimes may be divided into three (3)
messengers, porters, cooks, and include those enumerated in categories: direct assistance,
being sexually abused; Section 9 of this Act such as indirect assistance, and
killing or maiming of children, infrastructure support, which
(i) Children in situations recruitment or use of CIAC, have diminishing degrees
of armed conflict refers to all rape and other forms of sexual of contact with the affected
children involved in armed violence against children, population;
conflict, children affected by abduction of children, attacks
armed conflict and internally against schools or hospitals, or (s) Internally displaced
displaced children; denial of humanitarian access children refer to children or
to children; group of children, whether
(j) Child Soldier – refers separated or together with
to any person less than 18 years (o) Hamleting refers their families, who have been
of age who is part of any kind of to an armed conflict strategy forced or obliged to flee or to
regular or irregular armed force used by one party involved in leave their homes or places *ARMM- Autonomous Region in Muslim Mindanao.
or armed group in capacity, armed conflict that isolates of habitual residence, in
including, but not limited to: a community of importance particular, as a result of or in
(u) Maiming of children Republic Act No. 8353 or the from military to civilian life.
cooks; porters; messengers; to the other party which is order to avoid the effect of
refers to acts of all kinds in the Anti-Rape Law; Release can take place during
and anyone accompanying inhabited by children, including armed conflict and situations
context of armed conflict that a situation of armed conflict;
such groups other than purely relocating a community away of generalized violence;
result in serious or permanent (w) Recruitment refers to it is not dependent on the
as family members. It includes from crucial zones and could be
or disabling injury, scarring compulsory, forced or voluntary temporary or permanent
girls and boys recruited used to control the activities of (t) Killing of children
or defacing, or mutilation to conscription or enlistment of cessation of hostilities; it is not
for sexual purposes and/or the people in said areas; refers to acts of all kinds in the
one or more children. It shall children into the governmental dependent on children having
forced marriage. It does not, context of armed conflict that
cover intentional maiming of armed force or forced or weapons to forfeit;
therefore, only refer to a child (p) Hospitals or health result in the death of one or
children where they are directly voluntary membership into the
who is carrying, or has carried, facilities refer to any structure more children. They include
targeted, and casual maiming armed group; (y) School refers to any
weapons. “ recognized and known by the death of children as a
of children which result from structure, with or without
the community as a facility result of direct targeting and
indirect actions, such as cross (x) Release of children marked visible boundaries,
(k) Community where the sick and wounded indirect actions, such as cross
fire, use of landmines, cluster refers to the process of formal which is recognized and known
members – refers to non- are provided with medical or fire, use of landmines, cluster
munitions, biological weapons and controlled disarmament by the community as a learning
teaching personnel, parents health-care services; munitions, biological weapons
of destruction, all forms and and demobilization of children space; and,
and relatives of the students of destruction, all forms and
types of explosives; or in the and their release from an
and teachers, service providers, (q) Humanitarian types of explosives; or house
context of house demolitions, armed force or armed group (z) Zone of peace refers
utility suppliers and other access refers to the right demolitions, search and arrest
search and arrest campaigns, as well as informal ways in to a site with sacred, religious,
education stakeholders of of vulnerable populations campaigns, suicide attacks
suicide attacks and torture; which children leaved by historic, educational, cultural,
schools; to receive international and torture; they also include
escaping, being captured or geographical or environmental
protection and assistance from murder, homicide and such
(v) Rape refers to the by other means. It entails a importance which is
(l) Food blockade refers an impartial humanitarian relief other similar crimes as defined
crime of rape defined under disassociation from the armed protected and preserved
to an armed conflict tactic of operation to complement in the Revised Penal Code, as
Article 266-A of the Revised force or armed group and by its own community and
forcibly cutting off entry of food efforts of national authorities. amended, and other special
Penal Code, as amended by the beginning of transition officially recognized by a
Such action is subject to the laws;
governmental authority.

19 20
It is not merely a “Demilitarized Zone”, but LIST OF REFERENCES related facilities, except when alternative means Section 2. There shall be no violation of this joint
a sanctuary that operates within ethical of providing essential security are not available. If declaration if the presence of the governmental
principles of nonviolence, free from weapons, possible, appropriately trained civilian personnel armed forces in the schools, educational
acts of violence, injustice and environmental 1. The 1987 Philippine Constitution should be used to provide security. If necessary, infrastructures and other related facilities are
degradation. consideration should also be given to evacuating necessary for the realization of certain activities as
2. Revised Penal Code of the Philippines children, students and staff to a safer location. mandated by the Philippine Constitution, existing
laws, rules and regulations, to wit:
3. Republic Act No. 7610 or An Act When the use of a school, educational infrastructure
ARTICLE III
Providing for Stronger Deterrence and and other related facility by the fighting forces of Utilization of schools as Voting Centers and Election
Declaration on Schools and Children as Zones of
Special Protection against Child Abuse, parties to armed conflict in support of their military Precincts during National and Local Elections;
Peace
Exploitation, and Discrimination effort may, depending on the circumstances, have
Section 1. The parties hereby mutually undertake the effect of turning it into a military objective Use of schools as evacuation centers and relief
4. Davao City Children’s Welfare Code, subject to attack, parties to armed conflict should operation areas in times of calamities and natural
to observe, respect and abide by the following
December 2, 1994 consider all feasible alternative measures before disasters;
declarations:
attacking them, including, unless circumstances do
5. Cebu City Children’s Code of 2001 not permit, warning the enemy in advance that an Construction Works and Projects conducted by the
Schools and children are hereby declared as Zones
of Peace. It shall be the responsibility of the state attack will be forthcoming unless it ceases its use. Engineering Battalion of the Armed Forces of the
6. Armed Forces Letter Directive No. 34, Philippines;
and all other sectors concerned to resolve armed
2009 All schools should be spared from any clan wars
conflicts in order to promote this goal, by including
it as part of the peace agenda, securing the and shall not be used as targets of propaganda and Medical, Dental and other Health-Related Missions
7. Human Rights-Based Intelligence any other psychological operations of any side of initiated and/or sponsored by the Armed Forces of
commitments of all parties to the conflicts and to
Operations: Rules of Behavior for Military the armed conflicts; the Philippines; and
isolate the educational system from its impact and
Intelligence Personnel 2011
adverse effects;
All parties should be committed to the Other relevant purposes that are purely civilian in
8. Republic Act No. 8353 or the Anti-Rape establishment of measures to reduce to the character and does not require the bearing of arms
Schools, Educational Infrastructures and other
Law minimum the disruptions in the conduct of classes and weapons.
related facilities shall not be utilized for military
purposes such as command posts, barracks, to attain a resilient educational system capable
9. House Bill No. 13: Special Protection of of withstanding the negative effects of armed
detachments, supply depots or such other related
Children in Situations of Armed Conflict conflicts.
uses that may endanger the lives of students,
Act
teachers and other educational personnel;
10. Safe Schools Declaration ARTICLE IV
All schools nationwide shall be considered as a Ratification and Effectivity
place of neutrality and should never be considered
11. Education Under Attack 2014
as target of any armed action. Students, teachers, Section 1. This Joint Agreement shall be ratified by the Government of the Republic of the Philippines
educational personnel and the school facilities shall and the National Democratic Front (MNLF, MILF, etc.) in accordance with their respective processes
12. Guidelines for Protecting Schools,
not also be a target of any attack. They shall be and will come into force when instruments of ratification thereof have been exchanged by them.
Universities from Military Use During
guaranteed their safety at all times;
Armed Conflicts
Section 2. This Joint Agreement shall remain in force and effect unless expressly terminated by either
Schools, educational infrastructures and other party one year after notice has been given to the other party hereof.
13. Lessons in War 2015: Military Use of
related facilities must never be destroyed as a
Schools and Universities during Armed
measure intended to deprive the opposing parties
Conflict
to the armed conflict of the ability to use them IN WITNESS WHEREOF, the parties herein affixed their signatures this _____ of ___________, 2017
in the future. They should be considered civilian at ______________________.
14. Commentary on the Guidelines for
objects even if they are in session, closed for the day
or holidays, evacuated or abandoned; Protecting Schools, Universities from
Military Use During Armed Conflicts
Schools and other educational facilities should
be free from the presence of armed combatants, 15. Implementing the Guidelines: A
__________________________ __________________________
whether from the government or from the other Toolkit to Guide Understanding and
Republic of the Philippines (NDF, MILF, MNLF, etc.)
contending forces; Implementation of the Guidelines for
Protecting Schools, Universities from
All students, teachers and other educational Military Use During Armed Conflicts
personnel shall not be recruited as combatants or Signed in the presence of
support personnel and should not be enlisted for 16. Human Rights Watch: Protecting
any other activity related to the armed conflicts; Schools from Military Use; Laws, Policies ___________________________ ____________________________
and Military Doctrine Department of Education
The fighting forces of parties to armed conflict
should not be employed to provide security for
schools, educational infrastructures and other

21 22
ANNEX III

SAFE A ttacks on education include violence of schools by armed forces and armed non-State groups in contravention of applicable

SCHOOLS
against educational facilities, students international law.
and education personnel. Attacks, and threats
of attack, can cause severe and long lasting We welcome the development of the Guidelines for protecting schools and universities
harm to individuals and societies. Access to

DECLARATION
from military use during armed conflict. The Guidelines are non- legally binding, voluntary
education may be undermined; the functioning guidelines that do not affect existing international law. They draw on existing good
of educational facilities may be blocked, or practice and aim to provide guidance that will further reduce the impact of armed conflict
education personnel and students may stay on education. We welcome efforts to disseminate these guidelines and to promote their
away, fearing for their safety. Attacks on schools implementation among armed forces, armed groups and other relevant actors.
and universities have been used to promote
intolerance and exclusion – to further gender We stress the importance, in all circumstances, of full respect for applicable international
discrimination, for example by preventing law, including the need to comply with the relevant obligations to end impunity.
the education of girls, to perpetuate conflict
between certain communities, to restrict cultural Recognizing the right to education and the role of education in promoting understanding,
diversity, and to deny academic freedom or the tolerance and friendship among all nations; determined progressively to strengthen in
right of association. Where educational facilities practice the protection of civilians in armed conflict, and of children and youth in particular;
are used for military purposes it can increase the committed to working together towards safe schools for all; we endorse the Guidelines for
risk of the recruitment and use of children by protecting schools and universities from military use during armed conflict, and will:
armed actors or may leave children and youth
vulnerable to sexual abuse or exploitation. In • Use the Guidelines, and bring them into domestic policy and operational frameworks as far
particular, it may increase the likelihood that as possible and appropriate;
education institutions are attacked.
• Make every effort at a national level to collect reliable relevant data on attacks on
By contrast, education can help ts and freedoms. educational facilities, on the victims of attacks, and on military use of schools and
We will do our utmost to see that places of universities during armed conflict, including through existing monitoring and reporting
education are places of safety. mechanisms; to facilitate such data collection; and to provide assistance to victims, in a
non-discriminatory manner;
We welcome initiatives by individual States to
promote and protect the right to education • Investigate allegations of violations of applicable national and international law and, where
and to facilitate the continuation of education appropriate, duly prosecute perpetrators;
in situations of armed conflict. Continuation
of education can provide life-saving health • Develop,adopt and promote conflict-sensitive’ approaches to education in international
information as well as advice on specific risks in humanitarian and development programmes, and at a national level where relevant;
societies facing armed conflict.
• Seek to ensure the continuation of education during armed conflict, support the re-
We commend the work of the United Nations establishment of educational facilities and, where in a position to do so, provide and
Security Council on children and armed conflict facilitate international cooperation and assistance to programmes working to prevent or
and acknowledge the importance of the respond to attacks on education, including for the implementation of this declaration;
monitoring and reporting mechanism for grave
violations against children in armed conflict. We • Support the efforts of the UN Security Council on children and armed conflict, and of the
emphasize the importance of Security Council Special Representative of the Secretary-General for Children and Armed Conflict and other
resolution 1998 (2011), and 2143 (2014) which, inter relevant UN organs, entities and agencies; and
alia, urges all parties to armed conflict to refrain
from actions that impede children’s access to • Meet on a regular basis, inviting relevant international organisation and civil society, so as
education and encourages Member States to to review the implementation of this declaration and the use of the guidelines.
consider concrete measures to deter the use

23 24
ANNEX IV 2017

04:
While the use of a school or university by the fighting forces of
GUIDELINES FOR PROTECTING SCHOOLS AND parties to armed conflict in support of their military effort may,
depending on the circumstances, have the effect of turning it into a
UNIVERSITIES FROM MILITARY USE DURING military objective subject to attack, parties to armed conflict should
consider all feasible alter- native measures before attacking them,
ARMED CONFLICT including, unless circumstances do not permit, warning the enemy
in advance that an attack will be forthcoming unless it ceases its use.

01: Functioning schools


and universities
should not be used
(a) This principle extends to schools and
universities that are temporarily closed outside
normal class hours, during weekends and
holidays, and during vacation periods.
(a) Prior to any attack on a school that has become a military objective, the parties
to armed conflict should take into consideration the fact that children are entitled to
special respect and protection. An additional important consideration is the potential
by the fighting forces long-term negative effect on a community’s access to education posed by damage to
of parties to armed or the destruction of a school.
(b) Parties to armed conflict should neither
conflict in any way in
use force nor offer incentives to education b) The use of a school or university by the fighting forces of one party to a conflict in
support of the military administrators to evacuate schools and support of the military effort should not serve as justification for
effort. universities in order that they can be made an opposing party that captures it to continue to use it in support of the military
available for use in support of the military effort. As soon as feasible, any evidence or indication of militarisation or fortification
effort. should be removed and the facility returned to civilian authorities for the purpose of
its educational function.

02: Schools and universities that have been abandoned or evacuated because of the
dangers presented by armed conflict should not be used by the fighting forces
of parties to armed conflict for any purpose in support of their military effort,
except in extenuating circumstances when they are presented with no viable
alternative, and only for as long as no choice is possible between such use of the
school or university and another feasible method for obtaining a similar military
advantage. Other buildings should be regarded as better options and used in
preference to school and university buildings, even if they are not so conveniently
placed or configured, except when such buildings are specially protected under
05: The fighting forces of parties to armed conflict should not be
employed to provide security for schools and universities, except
when alternative means of providing essential security are not
International Humanitarian Law (e.g. hospitals), and keeping in mind that parties available. If possible, appropriately trained civilian personnel should
to armed conflict must always take all feasible precautions to protect all civilian be used to provide security for schools and universities. If necessary,
objects from attack. consideration should also be given to evacuating children, students
and staff to a safer location.
a) Any such use of abandoned or evacuated schools and universities should be for the
minimum time necessary. (a) If fighting forces are engaged in securitytasks related to schools and
universities,their presencewithin the grounds or buildings should be
(b) Abandoned or evacuated schools and universities that are used by the fighting forces of
avoided if at all possible in orderto avoid compromising the establishment’s civilian
parties to armed conflict in support of the military effort should remain available to allow
status and disrupting the learning environment.
educational authorities to re-open them as soon as practicable after fighting forces have
withdrawn from them, provided this would not risk endangering the security of students and
staff.

06: All parties to armed conflict should, as far as possible and as


(c) Any traces or indication of militarization or fortification should be completely removed
following the withdrawal of fighting forces, with every effort made to put right as soon as appropriate, incorporate these Guidelines into, for example, their
possible any damage caused to the infrastructure of the institution. In particular, all weapons,
doctrine,military manuals, rules of engagement, operational orders,
munitions and unexploded ordnance or remnants of war should be cleared from the site.
and other means of dissemination, to encourage appropriate practice
throughout the chain of command. Parties to armed conflict should

03:
Schools and universities must never be destroyed as a measure intended to determine the most appropriate method of doing this.
deprive the opposing parties to the armed conflict of the ability to use them in
the future. Schools and universities—be they in session, closed for the day or for
holidays, evacuated or abandoned—are ordinarily civilian objects.
25 26

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