FIRST CONGRESS OF THE ]

UC MODEL SENATE ]
First Regular Session ]

UC MODEL SENATE

S.B. No. _______

Introduced by ABDULRAFFY PANGALIAN, ERLJANE CLAIRE BANTASAN,

HULTGREN CALIXTO, JENNIFER LEPTING, and ANNIE VERA SINONG

AN ACT DEMILITARIZING AND DECLARING SCHOOLS AS ZONE OF

PEACE

EXPLANATORY NOTE

Whereas, under Republic Act No. 7610, known as the “Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act”, states that
“… Children are hereby declared as Zones of Peace. It shall be the responsibility
of the State and all other sectors concerned to resolve armed conflicts in order to
promote the goal of children as zones of peace …” (Article X, Sec. 22).

Armed conflicts greatly affect the three education outcomes; access,

quality, and governance, which results in dismantling the foundations of the
learners, families, and even the communities to build their future. It affects the
access to education through the disruption of the delivery of educational services
due to “attacks on schools” including school personnel, suspension of classes
that can last for long periods, and the use of schools as temporary evacuation
centers. As what Department of Education said, “Schooling is also disrupted as a
result of the displacement of learners.”

In addition, fear or trauma among the learners, personnel, and parents or

simply their regard for personal safety and security, prevent learners from going
back to school. Also, create unsafe and perilous environments where learners
face the risk of being victims of grave child rights violations.
 One of the best examples is the Marawi siege which happened in 2017
was on a much larger scale and with greater impact. Lasting for nearly five
months, the Department of Education noted that the conflict between the Armed
Forces of the Philippines and the Maute Group destroyed 20 schools at ground
zero and displaced thousands of learners in almost 100 affected barangays.

With all of these, it is need to strengthen governance of the education system to

make our schools safe, more secure, child-friendly, set the direction and
priorities for the protection of learners and schools, continued delivery of
education services, peace-building in conflict-vulnerable and conflict-affected
areas and across all phases of armed conflict before, during, or after.

Hence, approval of this bill is earnestly sought.

SENATOR ABDULRAFFY PANGALIAN

SENATOR ERLJANE CLAIRE BANTASAN
SENATOR HULTGREN CALIXTO
SENATOR JENNIFER LEPTING
SENATOR ANNIE VERA SINONG
 FIRST CONGRESS OF THE ]
UC MODEL SENATE ]
First Regular Session ]

UC MODEL SENATE

S.B. No. _______

Introduced BY ERLJANE CLAIRE BANTASAN, HULTGREN CALIXTO, JENNIFER

LEPTING, ABDULRAFFY PANGALIAN, and ANNIE VERA SINONG

AN ACT DEMILITARIZING AND DECLARING SCHOOLS AS ZONE OF

PEACE

Be it enacted by the UC Model Senate in assembly:

1SECTION 1. Short Title. This act shall be known as the ‘Schools as Zone of
2Peace Act of 2021’.
3
4SECTION 2. Declaration of Policy. It is hereby declared to be the policy of
5the State to secure the protection children at school, and avoid the disruption of
6education due to armed conflict. It shall be the responsibility of the State and all
7other sectors concerned to resolve armed conflicts in order to promote the goal
8of schools as zones of peace. To attain this objective, the following policies shall
9be observed.
10 a. Schools shall not be the object of attack and shall be entitled to special
11 respect; and
12 b. Schools shall not be utilized for military purposes such as command posts,
13 barracks, detachments, and supply depots.
14
15SECTION 3. Scope of Application. - This Act shall cover all public primary,
16secondary and tertiary learning institutions.
17
18SECTION 4. Definition of Terms: For the purposes of this Act, the following
19terms shall be defined as follows:
20
21 a) Armed forces – shall refer to all organized armed forces, groups and units
22 that belong to a party to an armed conflict which are under a command
23 responsible to that party for the conduct of its subordinates. Such armed
24 forces shall be subject to an internal disciplinary system which enforces
25 compliance with International Humanitarian Law.
26 b) Armed conflict – shall mean any use of force or armed violence between
27 States or a protracted armed violence between governmental authorities
28 and organized armed groups or between such groups within that State.
29 c) Child refers to:
30 1. A person below eighteen (18) years of age; or
31 2. A person eighteen (18) years of age or older but who is unable to
32 fully take care of one’s self; or protect one’s self from abuse,
33 neglect, cruelty, exploitation or discrimination; and unable to act
34 with discernment because of physical or mental disability or
35 condition.
36 d) Child protection – shall refer to measures, structures and activities that
37 ensure the prevention and response to abuse, neglect, exploitation and
38 violence affecting children. It shall include the promotion of their
39 development and psychosocial well-being.
40 e) Demilitarized zone – shall mean an area, agreed upon between the parties
41 to an armed conflict, which cannot be occupied or used for military
42 purposes by any party to the conflict.
43 f) School - refers to any structure or space, with or without marked visible
44 boundaries, which is either recognized by the government or known by
45 the community as a learning space for children.
46 g) Zone of peace - refers to a site with sacred, religious, historic,
47 educational, cultural, geographical or environmental importance, which is
48 protected and preserved by its own community. It is not merely a
49 "Demilitarized Zone", but a sanctuary that operates within ethical
50 principles of nonviolence, free from weapons, acts of violence, injustice
51 and environmental degradation.
52
53SECTION 5. Prohibited Acts. All armed personnel, whether under the
54Government or any other armed groups shall be prohibited from entering school
55zones and campuses under all circumstances. It is expected that all armed
56personnel shall respect the sanctity of the school as a Zone of Peace. Under no
57circumstance shall schools serve as bases of operations, or as sites of armed
58conflicts.
59
60SECTION 6. Designation of Zone of Peace. The Local Government Unit shall
61designate an area of 1 sq. km. surrounding the school/ campus grounds which
62will serve as a demarcation line for the Zone of Peace.
63
64SECTION 7. Protecting Schools and Universities - Parties to armed conflict
65are urged not to use schools and universities for any purpose in support of their
66military effort. While it is acknowledged that certain uses would not be contrary
67to the law of armed conflict, all parties should endeavor to avoid affecting on
68students’ safety and education, using the following as a guide to responsible
69practice:
70 a) Functioning schools and universities should not be used by the fighting
71 forces of parties to armed conflict in anyway in support of the military
72 effort.
73 b) Schools and universities must never be destroyed as a measure intended
74 to deprive the opposing parties to the armed conflict of the ability to use
75 them in the future. Schools and universities—be they in session, closed for
76 the day or for holidays, evacuated or abandoned—are ordinarily civilian
77 objects.
78 c) The fighting forces of parties to armed conflict should not be employed to
79 provide security for schools and universities, except when alternative
80 means of providing essential security are not available. If possible,
81 appropriately trained civilian personnel should be used to provide security
82 for schools and universities. If necessary, consideration should also be
83 given to evacuating children, students and staff to a safer location.
84
85SECTION 8. Prevention. - The State shall take all feasible measures to
86prevent the use of schools and universities as a fighting ground of military
87forces. It shall take all necessary measures to ensure the effective
88implementation and enforcement of the provisions of this Act. Towards this end,
89the State shall:
90 a) Pursue in both formal and nonformal settings the mainstreaming of peace
91 education programs and the promotion of the culture of peace and
92 nonviolence;
93 b) Develop and implement training programs and campaign towards
94 promoting a culture of peace and respect for human rights and
95 international humanitarian law in collaboration with civil society
96 organizations;
97 c) Establish basic facilities and infrastructure needed; and
98 d) Ensure that child protection mechanisms are present and functional.
 99
100SECTION 9. Appropriations - The amount necessary to establish, operate and
101manage the desalination plant and their facilities shall be included in the annual
102General Appropriations Act.
103
104SECTION 10. Implementing Rules and Regulations – Unless otherwise
105provided in this Act, the Department of Education (DepED), in coordination with
106the Inter-Agency Committee in Children Involved in Armed Conflict (IAC-CIAC)
107and the Office of the Presidential Adviser on the Peace Process (OPAPP), shall
108promulgate rules and regulations of the effective implementation of this Act
109within ninety (90) days from its approval.
110
111Such rules and regulations shall take effect upon their publication in two (2)
112national newspapers of general circulation.
113
114SECTION 11. Repealing Clause - All laws, decrees, executive orders,
115issuances, rules, and regulations which are inconsistent with this Act, are hereby
116repealed or modified accordingly.
117
118SECTION 12. Separability Clause - If, for any reason or reasons, any part or
119provision of this Act shall be declared unconstitutional or invalid, other parts or
120provisions not affected thereby shall continue to be in full force and effect.
121
122SECTION 13. Effectivity - This Act shall take effect fifteen (15) days after the
123completion of its publication in the Official Gazette or in any two (2) newspapers
124of general circulation.
125
126 Approved,