Towards More Effective Local Councils for the Protection of Children in Child Rights Responsive Governance in the Philippines A study by the Alcanz Consulting Group For the Council for the Welfare of Children May 2012 Painting by Dante Hipolito http://dhipolito.multiply.com/ Credits and thanks to the artist for permission to use the photo Document design and layout: Emmanuel Adorna Copyright © 2012 Council for the Welfare of Children All rights reserved Printed in the Philippines on Recycled Paper Library of Congress Control Number _____ ISBN: _____ i Acknowledgement The study would not have been possible without the leadership of the Council for the Welfare of Children. The determination of its Executive Director Brenda Vigo, Deputy Executive Director Maria Elena Caraballo and staff in pursuing the research has been the factor why the study was conceived and completed. The CWC staff led by Grace Cymbeline Alejandrino accompanied the process and provided technical and administrative support, from meetings with key stakeholders, secondary data collection and the preparation and conduct of the Validation Meeting. The final report as well as the next step of pursuing the way forward benefited from ideas and insights shared by Undersecretary Austere Panadero. His contributions during the validation meeting helped shaped the discussions and steered the workshop to fully endorsing the study’s findings and recommendations. Colleagues at the National Barangay Operations Office, Director Virgilio Castro, Deputy Director Mr. Leocadio Treovalo, Dr. Rene C. Raffinan and their staff provided advice and critical thinking at the validation meeting in addition to having lent their data base of LCPC progress over the years during the initial stages of the research. Participants in the Experts Group Meeting held at CWC shared their long experience to enrich the research design. Similar appreciation goes to the agencies and individuals for their valuable time and ideas at the Validation Meeting: DILG, NEDA, DSWD, Leagues of Municipalities, Cities and Provinces in the Philippines (LMP, LCP, LPP) World Vision Philippines and the local governments from the sampled LGUs. Many local governments warmly welcomed the study team at various stages of the research. The pre-test of the Focus Group Discussion instruments was held in the LCPC of Mexico Pampanga where local authorities likewise aided the team’s initial assessment of the dynamics of inter-agency and community collaboration in advancing children’s rights and concerns, . The LCPCs in Luzon, NCR, Visayas and Mindanao shared valuable time, concrete information and view points on LCPC functioning, factors affecting functionality level and how the LCPC organization and process can be improved, thus shaping the study and its recommendations. UNICEF provided the funding for the research as well as a steady stream of advice from its Social Policy and Child Protection section. In addition, the UNICEF Representative, Tomoo Hozumi expressed active support at the validation meeting and other venues. Finally, on behalf of all who participated in the research and helped fashion out the recommendations, we thank Secretaries Corazon Juliano-Soliman and Jesse Robredo for once more investing in pursuing sustained excellence in child rights programming at the local level. We look forward to continued support in a far more strategic stage of the work, which is putting in place the recommendations for a more sustained and broader functionality of the LCPC. i Executive Summary The 2012 study on the functionality of the Local Councils for the Protection of Children in the Philippines was undertaken by AlcanzConsult, Inc. as commissioned by the Council for the Welfare of Children (CWC) and supported by UNICEF Philippines. Conducted between January and April 2012, the study examined the issues around the functionality of local councils for the protection of children (LCPC). A combination of research methods were used: document and literature review; focus group discussions in 31 random and 6 purposively selected LGUs across the country; key informant interviews with LGUs, agencies and individuals involved in governance and child rights; experts group meetings; and a Validation Meeting to gather feedback on findings and recommendations. This report presents the findings and analyses and proposes a roadmap for local government units and other concerned entities to attain wider and stronger compliance with the nation’s child protection objectives. Considerable investments in legislation and initiatives to make the local councils work has been tried in the last few decades. Yet the general view among agencies concerned with child rights promotion is that the LCPCs have been ineffectual in improving the situation of the Filipino children. Over-all, the compliance with Republic Act 4881 and DILG memorandum circulars (MC) pertinent to the LCPC has been weak. Based on the 2010 NBOO report and the MC 2008-126 functionality criteria, only around 36 percent of provinces, 56 percent of cities, 44 percent of municipalities and 34 percent of barangays have functional LCPCs. Retrogressions from functional to non-functional status are not uncommon. Being categorized as a “functional” LCPC is not synonymous to a council in operation nor does it imply results for children. There is no sanction for non-performance and no apparent widespread interest in the Child Friendly Award. Is the local council for the protection of children inherently defective and ineffectual OR can it work if it is given the right conditions to prosper and deliver results? Public policy architects face two possible positions on the question. One, simply consider that the initiatives have been exhausted and abandon further hope of making the councils work nationwide. This can be done by simply not paying any more attention to it - which seems to be the current thinking demonstrated by the (non)attention the LCPC gets at the national and LGU levels. Two, reaffirm the significant potential value of the councils in advancing the rights of children, recognize that past initiatives were incomplete and insufficient, and push for comprehensive and reinforcing changes that could bring about LCPC functionality across the country. The study adopted the key proposition that weak compliance with the intents of pertinent legislation and memorandum circulars is directly related to the lack of compelling and enabling ii conditions faced by LGUs. The research examined to what extent such conditions exists at the LGU levels and in the governance framework of the LCPC, and their implications on the LCPC status. The research found few but nevertheless exemplary cases of LGUs whose local councils produce sustainable results for children from comprehensive programs, demonstrating that the LCPC can in fact be viable. The compelling and enabling conditions are present, for the most part generated by the local governments themselves. These LGUs have been the exceptions. Below are the specific findings on the status of the local councils in general: 1. Where LCPCs are supposedly implementing initiatives for children, majority of interviewed council members point to few, disjointed sectoral achievements suggesting that their LCPCs do not operate as “councils”. On the other hand, in LCPCs that mainstreamed child rights in their local plans (the viable LCPCs mentioned above), programs for children are more creative, comprehensive, sustained and noticeably tackling children’s issues that cannot be handled by sector agencies acting separately. This observation points to mainstreaming as a necessary element in the viability of the local councils. 2. There is a serious lack of awareness on the MCs on child rights and LCPC. The research encountered frequent confusion and lack of clarity about intent and relationship among the MCs and budgets. 3. In a number of LGUs, children’s concerns are regarded as matters of charity rather than issues of rights and development. Children’s issues are topics not discussed among local authorities and in the public debate. Interviewed staff sees no pressure of such debate at the national level. 4. The Local Chief Executive (LCE) is the key driver of the LCPC and of local government programming for child rights. There are currently only few of them, found among the Child Friendly Award winners and rare LGUs in the research. Distance to the capital, the Luzon-Visayas-Mindanao and National Capital Region locations, income classification of LGUs, legal and income classification of cities, did not appear to affect LCPC (non)performance. While the finding is primarily a result of little variability among the high percentage of non-performers, the experience showed that LCPC-supportive LCEs are sufficient to rally the local councils’ performance. When LCEs are not supportive, initiatives backslide and even LCPC champions from other government agencies or NGOs are unable to keep the local council from crumbling, let alone deliver sustained results for children. 5. Change of LCEs after elections result in decreased support for LCPC, in disruptions of operations as children’s programs wait for attention or worse, in abandonment of initiatives undertaken under the previous incumbent’s administration. iii 6. While it is apparent that the LCE plays a singular role in catalyzing child rights programming at the LGU level and in strengthening the LCPC, the study encountered no well-thought out or effective mechanism to systematically reach out, sensitize, motivate and build the capacity of new LCEs and the LGU team in the twin imperatives of mainstreaming child rights programming into the Rationalized Local Planning System (RPS) and establishing functioning LCPCs as provided for in the relevant MCs. 7. The situation in the LGUs visited generally conformed with the ratings reported by the DILG to the NBOO. However, a number of LCPC showed lower levels of functionality than what was reported and could not show results on children. Moreover, many local councils at the barangay levels do not receive feedback on their ratings and status. 8. In areas where LCPCs are successful, DILG officials and LCEs mention a sense of mission and the correctness of the focus on child rights, the political value of child-rights responsive governance, or professionalism as motivation for ensuring the high quality of LCE results. It will remain a formidable task to convince LGUs to establish the councils and comply fully with the intents of the LCPC legislation if the compelling and enabling conditions are not put in place. Many of the findings resonate with the problems identified in the LCPC Experts Meeting held on 1 February 2012. The findings and recommendations were discussed extensively in the Validation Meeting held on 19 April 2012. Convened by the CWC Executive Director, the meeting called for a shared partnership among the stakeholders to tackle the challenge of enabling LGUs to programme child rights and make their LCPC function. Although an unofficial group, the entities in attendance (DILG, NEDA, CWC, DSWD, JJWC, the Leagues of LGUs (Provinces, Cities and Municipalities) child rights agencies (UNICEF, World Vision, Plan International, Child Fund, ERDA, Education, and selected LGUs) endorsed the findings and enhanced the recommendations with operative details. The main recommendations are: 1. Establish a replication strategy for wider compliance of MC 2009-170/Mainstreaming Child Rights in the Rationalized Local Planning System (RPS). The strategy will include the incentive system for compliance and the “knowledge hubs and network”. It should create the demand to learn what and how to replicate as well the mechanism for sharing knowledge at various moments and in various forms. The experience of the CFA and Hall of Fame awardees present invaluable resource for the purpose. 2. Unify, simplify and make the Child Rights Responsive Governance Award a mobilizing incentive that is truly attractive to LGUs. 3. Redesign the LCPC monitoring system for greater efficiency and improved reporting by and feedback to constituent LCPC/LGUs. Use the same to mobilize lagging LGUs and iv reward the performing ones. The new system will be included as part of the singular MC on LCPC. 4. Enact a singular coherent government directive/MC, into which existing relevant corollary directives for LGUs and support sectors can be rationalized and amendments and new provisos added as needed. 5. As an integral part of advancing the objectives of MC 2009, develop a purposive advocacy and mobilization plan that will place child rights in the agenda of LCEs and their teams and in public debate at national and local settings, supported by the government and child focused UN and non-government agencies. The five recommendations constitute a package of inseparable components for producing functional LCPCs (MC 2009 -170) engaged in child programming and systematically delivering comprehensive and sustained results for children. The agencies present in the Meeting expressed interest and support for the direction of the recommendations and called for a concerted action to pursue them under the banner of shared partnership for child rights. It was agreed that a 5-year ‘project’ will be formulated for expeditious implementation of the recommendations. A consortium of agencies will form part of the CWC network to prepare and oversee the development of the different building blocks of the five recommendations and find the resources to implement the actions. It is the hope of the participants of the Validation Meeting that by a vigorous and sustained pursuance of the recommendations of the study, a wide scale strengthening of the local councils for the protection of children will occur so that mainstreaming of child rights in local development and investment plans will be the rule rather than the exception. v Table of Contents Acknowledgement ...................................................................................................................... i Note to Reader ............................................................................................................................ i Executive Summary ................................................................................................................... ii List of Abbreviations and Acronyms ....................................................................................... viii I. INTRODUCTION ...........................................................................................................1 A. Why Study the Functionality of LCPC? ...................................................................................... 2 B. Summary of Major Issues affecting LCPC Effectiveness – Experts’ Meeting ............................... 7 II. PURPOSE AND METHODOLOGY ...............................................................................8 A. Purpose of the Study ................................................................................................................ 8 B. Key Policy and Research Question ............................................................................................ 8 C. Methodology ........................................................................................................................... 9 D. Limitations ............................................................................................................................. 10 E. Structure of the Report .......................................................................................................... 11 III. KEY FINDINGS ........................................................................................................... 12 A. Local councils viable and can produce results for children ...................................................... 14 B. Lack of awareness and clarity about the LCPC ........................................................................ 20 C. Low position of children in the LGU priority list ...................................................................... 21 D. LCE as key driver of LCPC ........................................................................................................ 22 E. Elections affect sustainability of the LCPC............................................................................... 24 F. No effective mechanism to build the capacity of new LGU officials......................................... 25 G. Deficiencies in current functionality criteria as benchmark of performance ............................ 26 H. Enabling and compelling conditions are lacking ...................................................................... 29 IV. RECOMMENDATIONS: ELEMENTS OF A ROADMAP ........................................... 32 A. The five recommendations ..................................................................................................... 33 B. Immediate next steps ............................................................................................................. 46 References ................................................................................................................................ 48 Annexes .................................................................................................................................... 49 vi Annex 1 – Presidential Award for Child Friendly Municipalities and Cities .............................. 49 Annex 2 – LGU Performance Awards ....................................................................................... 51 Annex 3 - FGD Guide Questionnaire......................................................................................... 53 Annex 4 - Laws and Memorandum Circulars Related to Child Rights and LCPC ...................... 57 Annex 5 – Summary of Experts Group Meeting ........................................................................ 60 Annex 6 – Summary of Technical Group Meeting ..................................................................... 62 Annex 7 – Summary of CWC Executive Board Meeting Relevant to LCPC .............................. 63 vii List of Abbreviations and Acronyms CGRC Child Rights Responsive Governance Resource Center CSO Civil Society Organization CFA Child Friendly Award CWC Council for the Welfare of Children BCPC Barangay Council for the Protection of Children CCPC City Council for the Protection of Children DILG Department of the Interior and Local Government DSWD Department of Social Welfare and Development ECCD Early Childhood Care and Development EO Executive Order FGD Focus Group Discussion GAD Gender and Development IRA Internal Revenue Allocation KII Key Informant Interview LCE Local Chief Executive LCPC Local Council for the Protection of Children LGU Local Government Unit MC Memorandum Circular MCPC Municipal Council for the Protection of Children MDG Millennium Development Goals NBOO National Barangay Operations Office NEDA National Economic Development Authority NGO Non-government Organization PCPC Provincial Council for the Protection of Children RA Republic Act RSCWC Regional Subcommittee for the Welfare of Children SK Sangguniang Kabataan UNICEF United Nations Children’s Fund viii Towards More Effective Local Councils for the Protection of Children in Child Rights Responsive Governance I. INTRODUCTION 1. The general view among agencies concerned with child rights promotion in the country is that the local councils for the protection of children (LCPC) have been largely ineffectual in improving the situation of Filipino children. Moreover, it is apparent that numerous initiatives put in place to make the councils work have not yielded satisfactory results. 2. Media reports of violations of children’s rights are rampant, and flagrant ones often occur with impunity. Child trafficking, child prostitution, violence and abuse, social crimes involving children are common in daily news. The observations in 2008 of the UNCRC Committee described the country as struggling to enforce laws that protect children. 1 This is essentially the same conclusion found in the reviews of The State of the Filipino Children Report of CWC.2 The Philippine Millennium Development Goals (MDG) Report showed a mixed picture in 2010 but it is evident that serious gaps and issues remain in child protection. 3. The National Barangay Operations Office (NBOO) of the Department of the Interior and Local Government (DILG) reported that as of end 2010, LCPC had been established in 69 percent of provinces (55/80), 83 percent of cities (114/138), 80 percent of municipalities (1195/1496), and 84 percent of barangays (35,163/42,025). However when functionality is taken into account and only LCPC categorized by NBOO as “mature” and “ideal” are counted, among local government units (LGUs) providing information the percentages reporting a functioning LCPC are 61 percent of provinces, 68 percent of cities, 56 percent of municipalities and only 43 percent of barangays. 4. In addition, the numbers of LGUs that are not reporting are also high, a fact that NBOO attributes to elections and natural calamities. If one assumes that these LGUs either have nothing to report or that they belong to LCPCs classified as basic and progressive (i.e. not yet functional), functional LCPCs as a proportion of total potential number in the nation go down to 36 percent of provinces, 56 percent of cities, 44 percent of municipalities and 34 percent of barangays. Moreover, the variation in level of functionality reported over the years is a concern. 1 2 See the Observations of the CRC Committee on the Report of the GOP of 2008. A review of the SOFCR for the last five years supports these observations. 1 The NBOO report noted oscillations between functional and non-functional particularly after elections. 5. In the opening session of the Second Forum on Children in the Urban Environment held on 23 August 2011 at the Ateneo de Manila University, the DILG Secretary Jesse Robredo lamented the LGUs’ unsatisfactory compliance with laws and Memorandum Circulars related to LCPC. At the same time he also stressed DILG’s intentions to exert greater efforts to promote the LCPC’s key role in protecting the rights of children, including children of the urban poor. A. Why Study the Functionality of LCPC? 6. This study was commissioned by the Council for the Welfare of Children (CWC) with support from UNICEF Philippines. Three points below explain the rationale. First, the main responsibility to create a protective environment for children lies with the local governments and the Local Councils for the Protection of Children. 7. This thinking is embodied in two documents - the Local Government Code and “Protecting Filipino Children from Abuse, Exploitation and Violence: A Comprehensive Programme on Child Protection, 2006-2010, Building a Protective and Caring Environment for Filipino Children” produced by the Special Committee for the Protection of Children. The second document explains the levels of the current child protection system in the country and emphasizes the need to implement such across sectors and levels of government. The LCPC is hosted by the LGU where child protection problems are identified, and where effective preventive, corrective and rehabilitative actions to address them can be taken in a timely manner. That the LCPC is strategic in the promotion and protection of children’s rights is expressed in the following extracts from the second document: Operationalizing a Multi-Level Child Protection System “Unlike in health where we can speak of the health system or in education where we can speak of the school system to address the health and education rights respectively of Filipino children, we have yet to put in place an operational multi-level child protection system which will address various cases of abuse, exploitation and violence committed against children. But we are not starting from scratch since there are already existing structures at various levels which when linked together can operationally function as a multi-level child protection system. An operational multi-level child protection system – from barangay to city, municipal, provincial, regional and national level – coordinated by the CWC and the RCWCs will be primarily responsible for (a) establishing an improved database, monitoring and reporting system on child protection; (b) initiating collective awareness-raising and advocacy campaigns among various publics on various forms of abuse, violence and exploitation; (c) coordinating technical support networks to support the work of implementing agencies at various levels; and (d) developing policies and standards on the care and protection of children particularly those in 2 circumstances of abuse, exploitation and violence.” Barangay Council for the Protection of Children “The Barangay Council for the Protection of Children (BCPC) is the primary body at the grassroots level that can effectively address issues of abuse, violence and exploitation against children – provided that these are properly trained, organized, funded, provided with technical support, and continuously monitored. The critical actions and milestones that must be done at the BCPC level include the following 3: master-list and database on children situation assessment and analysis on children action plan for children with corresponding budget local ordinances on children monitoring and reporting system on children annual state of the barangay children report children's organizations actively involved in BCPC activities Constituting the base of and the first layer in the multi-level child protection system, active and functional BCPC in the more than 42,000 barangay nationwide will spell a difference in all child rights promotion and child protection efforts. Based on previous case studies done, the following elements contribute to the making of BCPC that work: (a) presence of committed champions for children, (b) sustained community organizing strategy and process, (c) proactive local government units, and (d) organized, effective and meaningful participation of children.” City, Municipal and Provincial Councils for the Protection of Children “The city, municipal, and provincial councils for the protection of children (C/M/PCPC) constitute the second layer in the multi-level child protection system. They are the main sources of support – financial, material, human, and technical – to the BCPC. They will spearhead advocacy and social mobilization, situation analysis, programme development, modeling of innovative approaches, partnership and alliance building, monitoring and impact assessment of interventions, and annual reporting on the situation and progress of children at the city, municipal and provincial levels. Under the leadership of the local chief executives and/or local NGO officials, and with the technical management and coordination of the LGU social welfare officers, the C/M/PCPC will push for a faster process of organizing, strengthening, activating and sustaining BCPC in all barangay under their jurisdiction. They may consider launching a search for the most child-friendly barangay based on CWC-developed criteria.” Regional Committee for the Welfare of Children “The third layer in the multi-level child protection system, the Regional Committee for the Welfare of Children (RCWC) will assist the city, municipal, and provincial councils for the 3 Refer also to the DILG Memorandum Circular No. 2005-07 dated 01 February 2005 3 protection of children in all advocacy and programming efforts on child protection in particular and on child rights promotion in general. The existing functions of the RCWC, which go beyond child protection concerns, make them strategically critical in regional advocacy, resource mobilization, capacity building and technical support, networking and alliance building, and coordination and monitoring of child protection initiatives.” National Council for the Welfare of Children “The apex of the multi-level child protection system, the National Council for the Welfare of Children (CWC) is the government body mandated by law to coordinate and monitor implementation of the CRC, Child 21, NPAC, and the CPCP. The current CWC Board is composed of seven government line agencies, three coordinating bodies, three private individuals (one of whom is a child representative), and two ECCD experts. The Board provides the policy guidelines and directions on all children's concerns including child protection. Next to the Board is the Technical Management Group (TMG) composed of bureau and service heads of concerned government agencies and heads of identified NGOs. The TMG assesses, prioritizes and recommends plans, policies, programmes, approaches and strategies for children for approval of the Board. Sectoral Committees and Sub-Committees assist the TMG in studying more specific areas of children's concerns formulate and recommend policies and strategies, and monitor and evaluate programmes and projects as needed.” Second, while the initiatives and investments on the LCPC have been substantive, the huge potentials to deliver returns for children are yet to materialize. 4 8. The creation of local councils for the protection of children was first articulated in the Civil Code (1949) as a matter of State Policy. In 1967 Congress enacted RA 4881, creating the Council for the Protection of Children at the city and municipal level. In 1974 the country adopted the Child Welfare Code (Presidential Decree 603), and created the national Council for the Welfare of Children (CWC). Given its mandate to guide, monitor, and supervise governance capacity and responsibilities of LGUs, the DILG took the challenge of establishing the local councils. Between 1990 and 2010, DILG issued 13 Memorandum Circulars (MCs) primarily to provide guidelines on the organization and monitoring of the LCPC. CWC and DSWD together with other national agencies provided technical support. 9. The seminal MCs issued in 1990, 1991, and 1994 introduced the task of organizing LCPC and the Revised Guidelines for the Reorganization of Local Sub-committees for the Welfare of Children. The MCs that followed from 2000 onwards focused on enhancing the functionality of the LCPC as well as establishing the monitoring and performance rating system (i.e., MC 2004-52, MC 2005-07, MC 2008-126, and MC 2009-170). 4 The efforts described are by no means exhaustive - manuals on orientation, training activities, resources of child rights agencies of the UN and NGOs invested in specific programmes to support LCPC. 4 10. Two MCs (2002-122, 2009-170) specifically called on LGUs to support implementation of new laws (i.e., Early Childhood Care and Development Act/RA 8980 and the Juvenile Justice and Welfare Act/RA 9344). The MCs dealt with the specific roles of LCPC in the implementation of governance measures to support various aspects of early childhood care and development and the prevention and curtailment of juvenile delinquency and related problems, particularly at the barangay level. They also created separate National Councils distinct from the Council for the Welfare of Children, and with far more resources, particularly in the case of the ECCD Council which was funded by government sources and a loan from the World Bank. The Juvenile Justice and Welfare Act provided for the allocation of 1% share of the LGU IRA to support the costs of LCPC operations apart from introducing model ordinances at the LGU level to prevent and manage juvenile delinquency. 11. In 2006, in support of the CWC, DILG issued MC 2006-19, enjoining all municipalities and cities to participate in the Presidential Award for Child-friendly Municipalities and Cities. The MC emphasized the effective management of child-focused policies and programs as a basis for recognizing dedicated governance worthy of Presidential citation. 12. In 2009, two other relevant MCs were issued: MC 2009-170/Mainstreaming Child Rights in the Rationalized Local Planning System and MC 2009-100, which calls on local officials to support the Barangay Human Rights-based Program, with its particular emphasis on a gender-responsive and child-friendly barangay justice system. In particular, MC 2009-170 articulated the pivotal role of the LCPC in contributing to the LGU’s Comprehensive Development Plan (CDP) and annual investment plan (AIP) and in ensuring that critical issues around child rights are incorporated. Third, the limited studies on the LCPCs suggest that the investments made have not been enough or uniformly available at the local level to produce the desired results and to make LCPC function on a nationwide scale. 13. A 2005 study for UNICEF on the Barangay Councils for the Protection of Children “BCPC that Work; Documentation of Experience with BCPC in Selected Barangays in CPC 5 Provinces and Cities” (Rialp, 2005) documented ten case examples of BCPC identified by provincial development offices as among their best and most active. The report highlighted the key elements or characteristics of the ten BCPC; the major issues affecting children and young people frequently addressed by the BCPC; and the involvement of children and young people. Through appreciative inquiry in focus group discussions, BCPC members shared the secrets of their success. They spoke of a collective history and shared values; identified locally-specific problems and concerns about their children; had strong community organization in place; enjoyed an enabling policy environment and good governance; cited effective local leadership; engaged broad community support and participation, including e.g., child and youth groups, community watchdog groups, NGOs, faith-based organizations; possessed local planning, monitoring, evaluation capacity, and diverse funding sources including barangay funds, 5 Sangguniang Kabataan, Gender and Development funds, NGO or UNICEF support; cited sustaining factors such as their spiritual foundations and the participation of children and youth. 14. In summary these are highly driven communities with committed champions for children actively supported by people’s organizations, NGOs, and faith based organizations. However, effective LCPC led by champions are few; increasing their numbers requires deliberate identification and nurturing because as this current study also found, even their strengths do not guarantee sustainability. 15. In the Filipino Child Policy Brief “Global study on child poverty and disparities: Philippines,” (Cuenca, 2010) contends that the LCPC matters and that the MCs emphasize its importance. In general, the LCPC is crucial in sustaining the national efforts in bringing to the local level the Philippine National Strategic Framework for Plan Development for Children (Child 21). Child 21 is a roadmap for planning programs and interventions meant to promote and safeguard the rights of Filipino children. In combination with RA No.9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, the LCPC’s role in coordinating with and assisting the LGUs in the formulation of a comprehensive plan on juvenile delinquency prevention and in its proper implementation is established. 16. She concluded however that while the LCPC really matters, its current status in the country does not quite show it. She points to the big challenge of convincing LGUs to organize LCPCs and more importantly, encouraging LGUs to activate, strengthen, and sustain LCPCs once organized. The factors that hinder LGUs to undertake these responsibilities must be addressed. 17. The study “Understanding the Non-organization and Non-functionality of the Local Council for the Protection of Children in the Philippines: Evidence from Selected Local Government Units” (Paunlagui, 2011) examined the reasons for non-functionality of the LCPC in selected LGUs. Paunlagui noted that the number of LGUs complying with the DILG requirements increased from 2009 to 2010 and attributed the increase to the renewed joint effort of the DILG and DSWD staff at the city and municipal levels to strengthen the LCPC as called for in RA 9344. She observed, however, that the ideal level of functionality declined among the lower level LGUs – with 62 percent of the provinces at ideal level and only 14 percent of barangays at ideal level. She contended that at the provincial, city and municipal levels, the functionality of the LCPC could be affected by the lack of support from the Local Chief Executive and the changes in the composition of the Council every three years or after election. She cited additional factors that could constrain the functionality of the BCPC namely, overlapping community-based organizations and the corresponding duties and responsibilities; limited capacity of barangay officials and staff; and incomplete and inadequate orientation to strengthen BCPC. 18. A review of national and field documents and reports found gaps in reporting and monitoring in LGUs. Some barangays had no development plans or minutes of meetings to submit to the municipality for monitoring purposes. Where plans were prepared, they were too 6 broadly stated to be implemented. Broadly planned activities included health interventions, supplemental feeding, mothers’ class and livelihood opportunities, without specifying implementation date or budgets. Some barangays do not submit any required report; others had no more than the copy of the resolution creating the BCPC. 19. On 1 February 2012 the AlcanzConsult team met with a group of 10 experts from child rights agencies as part of its preparation for the study. The group noted that up to that time LCPC functionality can be characterized as largely an accidental success, propelled by the few champions of child rights or few political leaders who find advancing child rights convenient at that point in time. The group cited the need to go beyond the current limited scale, multiply champions and reach more LGUs. B. Summary of Major Issues affecting LCPC Effectiveness – Experts’ Meeting 20. In summary, the LCPC Experts Meeting participants highlighted the following issues affecting LCPC effectiveness: Box 1 - Major issues affecting LCPC effectiveness identified in the LCPC Experts Meeting on LCPC preparatory to the study There is a lack of understanding about what the LCPC is for and why it is organized. The view is that MCs “encourage”, not “mandate” because directives only “enjoin” compliance. The link between the LGU and the LCPC is weak, when it is this link that should push and sustain LCPC functioning. LGUs complain that they do not have budget and have too much to do in multiple barangay committees, leading to confusion about what to prioritize. There is no “follow-through” after LCPC orientation has been given. There is no baseline information on problems and issues, which is critical for mobilization. Without the information, no consensus is reached. Even when there are reliable information, certain issues are not addressed– e.g., drugs, violence. Changes in leadership (election periods) affects functionality. 7 II. PURPOSE AND METHODOLOGY A. Purpose of the Study 21. By examining the functioning of LCPC, the study aimed to come up with recommendations and a road map to get the LCPC operational and effective in generating results for children. Because of the generally undeveloped state of the LCPC in the country, the study particularly sought to examine policy and governance issues in the organization and functioning of the councils. The findings and recommendations will feed into the State of the Filipino Children’s Report (SOFCR) for 2011 and contribute to policy and operational adjustments governing the LCPC. B. Key Policy and Research Question 22. The study adopts the following key policy question for the study: Is the local council for the protection of children inherently defective and ineffectual OR can it work if given the right conditions to prosper and deliver results? Public policy architects face two possible positions. One, simply consider that the initiatives have been exhausted and abandon hope of making the councils work nationwide. This can be done by simply not paying any more attention to the LCPC - which seems to be the current trend demonstrated by the kind of (non)attention it gets at the national level and even at LGU levels. Two, reaffirm the significant potential value of councils in advancing the rights of children, recognize that past initiatives were incomplete and insufficient, and push for a comprehensive and reinforcing set of changes that will bring about its functionality across the country. 23. The key proposition of this study is that compliance with the laws and memorandum circulars pertinent to LCPC in the Philippines has been weak to date, but that this is only to be expected given the lack of compelling and enabling conditions for LCPC to take off and sustain their mandates. The study considers as compelling and enabling conditions those which lead to and facilitate the establishment and sustained functioning of the LCPC. The laws and memorandum circulars, the monitoring and reporting mechanisms, together with accompanying sanctions and rewards are factors that force compliance i.e., the compelling conditions. So are one’s sense of mission and buy-in on the rights of children. Factors that increase the ability of LGUs, LCPC and other entities to advance and sustain the protection of children are the enabling conditions, e.g., orientation and training, planning and funding support, community organization and participation. 24. This position thus seeks to reaffirm the significant potential value of LCPC in advancing the rights of children, recognizes that past initiatives were incomplete and insufficient, and argues for comprehensive and reinforcing changes to bring about LCPC functionality across the country. The research examined to what extent such conditions exist at the LGUs and in the 8 governance framework of the LCPC and implications they have on the LCPC status. C. Methodology 25. From January to April 2012, the study team undertook the following research activities: a. Literature and Document Review - The team conducted a desk review of documents relevant to the history and evolution of the LCPC in the Philippines including changes in pertinent policies and legislations over time. It also reviewed earlier studies on the local councils, examined the reports of the NBOO-DILG with respect to LCPC and studied the documents on Child Friendly Award and related good governance awards. b. Discussions with CWC and NBOO-DILG - The team held a series of discussions with officers of the CWC and DILG – National Barangay Operations Office (NBOO) to obtain information on LGUs and LCPC reporting to DILG including process and to gain insights into the issues around LCPC functionality. c. Stakeholders consultations - A small consultation with experts primarily from child rights NGOs was convened by CWC in February 2012 prior to the study to inform the research. This was followed by the study team’s interviews and meetings with local governance experts. d. Field data gathering using focus group discussions (FGDs) and key informant interviews (KII) - Between February and March 2012, the team’s field coordinators conducted interviews and focus group discussions in selected provinces, cities and municipalities and barangays. The FGD guide questions developed prior to the field research are in Annex 3. 5 The research instruments 5 Among information of interest to the team gathered in the FGDs and KIIs: - For LGUs with no established LCPC – why not yet established, if any what alternative structure/mechanism exist to address child protection issues, what will prompt establishment of LCPC, what LGUs will commit to sustain LCPC work once established. - For LGUs that established LCPC that are now inactive - reasons why it became inactive, what LGUs need to reestablish the LCPC, what will make the LCPC work. - For LGUs that established LCPC that become functional - how many sustained over time, length of time in operation, key results, characteristics common to LCPCs that sustain / produce impact on child protection, factors that explain sustained functionality. - CWC / DILG / and other entities’ policy and support processes to LCPC functioning - what works / what does not, key improvements to improve LCPC functionality, CWC actions or non-actions that facilitated LCPC creation and sustainability, DILG actions or non-actions that facilitated LCPC creation and sustainability, actions or non-actions of Interagency Committees at different levels with bearing on LCPC functionality. - The MC push - how well relevant MCs (e.g. the MC 2008 – 216) known and understood by LGUs, how LGU responded and why, LGU motivations in implementing MCs, how important LCPC is to surveyed LGUs. - DILG process for evaluating LCPC functionality, description of process, appropriateness / usefulness of functionality criteria in encouraging LGUs to make LCPC operational and effective, gaps in the process and changes required - Rewards and sanctions for compliant and non-compliant LGUs, value of rewards and sanctions in enforcement of MCs, changes required 9 were tested in an FGD with the LCPC and the mayor of Mexico, Pampanga with assistance from the local DILG officer in January 2012. Thirty-seven LGUs were covered in the study. Thirty-one were drawn randomly to cover Luzon, National Capital Region, Visayas and Mindanao, step wise from province, municipalities and cities and lastly the barangays. Two LGUs were added - a Child Friendly Awardee LGU (Vigan) and Cebu Province purposively selected for special research interests. Another four barangays were drawn at random from the 10 BCPC covered in a UNICEF study of best practice in 2005, added to the sample to look at sustainability overtime. For the total 37 LGUs, focus group discussions were conducted with the LCPCs and/or local LGU personnel where no LCPCs exist, using FGC guides. Key informant interviews were held with selected LGU stakeholders (e.g., mayor, barangay captain, designated LCPC focal point, DILG officer, DSWD Officer, etc.). e. Validation Meeting - A Validation Meeting to review the draft report of findings and recommendations was held on 19 April 2012 with participants from national government agencies and NGOs, selected representatives of LGUs visited in field research and other stakeholders. Inputs from the participants were incorporated into this final report of the study. f. Triangulation - The study team analyzed and weighed the information gathered. Field research yielded information from the focus group discussions and key informant interviews as well as documents made available to the team. Additional valuable insights came from the national agency documents, from the consultations with experts on local governance and child rights at the national level. Triangulation strengthened the findings of the study. Key interventions at the experts and Validation Meetings were incorporated in the discussion of findings and recommendations. D. Limitations 26. The study team tried to cover as many LGUs as feasible during the field data-gathering so as to increase the generalizability of the findings and conclusions. However, given budgetary and time constraints and travel limitations, the sample size was reduced from 104 LGUs initially proposed to CWC to 37. Since the variables being studied appeared to be fairly homogeneous among clusters of LGUs visited, the limitation probably has no serious impact on the findings of the study. 27. In some FGDs, “authorities” attended and it might have resulted in uneven and constrained participation of LCPC members. A remedy taken by the FGD researchers was to undertake separate interviews with key LCPC member(s) who they believed had important experiences to share. Separate interviews confirmed that available documents gathered from the field were not always adequate or reliable. 28. One feature of the study is its confidentiality. With the accord of CWC the report makes reference only to Child Friendly Awardee LGUs and other cases where statements made about 10 the LGUs are positive. The research team is open to providing the reader details of the sampling frame should it be required but the names of the LGUs members will remain confidential. E. Structure of the Report 29. The report is comprised of the following sections: Executive Summary I. Introduction II. Purpose and Methodology III. Key Findings IV. Elements of a Roadmap V. References VI. Annexes 11 III. KEY FINDINGS 30. The section discusses the salient findings about LCPC functioning gathered as described in the section on methodology and consolidated by the team. The highlights are on issues most frequently or most consistently raised by a wide range of individuals involved in the establishment, functioning, and support of the LCPC over the years. Some issues are of more recent relevance and indicate the evolution of the concept of child rights promotion in the context of good governance and the increasingly significant potential of the LCPC in a changing environment. 31. The document reviews and KIIs with experts point to the LGUs’ weak compliance with Republic Act 4881 and DILG memorandum circulars (MC) pertinent to the LCPC. Based on the 2010 NBOO report and the MC 2008-126 functionality criteria, only around 36 percent of provinces, 56 percent of cities, 44 percent of municipalities and 34 percent of barangays have functional LCPCs. Retrogressions from functional to non-functional status are not uncommon. Being categorized as a “functional” LCPC is not synonymous to a council in operation nor does it imply results for children. There is no sanction for nonperformance and no apparent widespread interest in the Child Friendly Award. 32. The field research found few but nevertheless exemplary cases of LGUs whose local councils produce sustainable results for children from comprehensive programs, demonstrating that the LCPC can in fact be viable. The compelling and enabling conditions are present, for the most part generated by the local governments themselves. These LGUs have been the exceptions. Below are the specific findings on the status of the local councils in general: Box 2 - Key findings A. Where LCPCs are supposedly implementing initiatives for children, majority of interviewed council members point to few, disjointed sectoral achievements suggesting that their LCPCs do not operate as “councils”. On the other hand, in LCPCs that mainstreamed child rights in their local plans (the viable LCPCs mentioned above), programs for children are more creative, comprehensive, sustained and noticeably tackling children’s issues that cannot be handled by sector agencies acting separately. This observation points to mainstreaming as a necessary element in the viability of the local councils. B. There is a serious lack of awareness on the MCs on child rights and LCPC. The research encountered frequent confusion and lack of clarity about intent and relationship among the MCs and budgets. 12 C. In a number of LGUs, children’s concerns are a matter of charity rather than an issue of rights and development. No change is forthcoming under the current state - children’s issues are topics not discussed in the public debate among local authorities and interviewed staffs see no pressure of such debate at the national level. D. The Local Chief Executive (LCE) is the key driver of the LCPC and of local government programming for child rights. However, there are few LCE drivers, found among the Child Friendly Award winners, and rare LGUs in the research. Distance to the capital, the LuzonVisayas-Mindanao and National Capital Region locations, income classification of LGUs, legal and income classification of cities, did not appear to affect LCPC (non)performance. While the finding is primarily a result of little variability among the high percentage of nonperformers, the experience showed that LCPC-supportive LCEs are sufficient to rally the local councils’ performance. When LCEs are not supportive, initiatives backslide and even LCPC champions from other government agencies or NGOs are unable to keep the local council from crumbling, let alone deliver sustained results for children. E. Change of LCEs after elections result in decreased support for LCPC, in disruptions of operations as children’s programs wait for attention or worse, in abandonment of initiatives undertaken under the previous incumbent’s administration. F. While it is apparent that the LCE plays a singular role in catalyzing child rights programming at the LGU level and in strengthening the LCPC, the study encountered no well-thought out or effective mechanism to systematically reach out, sensitize, motivate and build the capacity of new LCEs and the LGU team in the twin imperatives of mainstreaming child rights programming into the Rationalized Local Planning System (RPS) and establishing functioning LCPCs as provided for in the relevant MCs. G. The situation in the LGUs visited generally conformed with the ratings reported to the NBOO. However, a number of LCPC showed lower levels of functionality than what was reported and could not show results on children. Moreover, the local councils at the barangay levels do not receive feedback on their ratings and status. H. In areas where LCPCs are successful, DILG officials and LCEs mention a sense of mission and the correctness of the focus on child rights, the political value of child-rights responsive governance, or professionalism as motivation for ensuring the high quality of LCE results. It will remain a formidable task to convince LGUs to establish the councils and comply fully with the intents of the LCPC legislation if the compelling and enabling conditions are not put in place. 33. Many of the findings resonate with the problems identified in the LCPC Experts Meeting held on 1 February 2012 summarized in Box 1, Section I.B. The following is a more 13 detailed discussion of each of the findings: A. Local councils viable and can produce results for children Where LCPCs are supposedly implementing initiatives for children, majority of interviewed council members point to few, disjointed sectoral achievements suggesting that their LCPCs do not operate as “councils”. On the other hand, in LCPCs that mainstreamed child rights in their local plans (the viable LCPCs mentioned above), programs for children are more creative, comprehensive, sustained and noticeably tackling children’s issues that cannot be handled by sector agencies acting separately. This observation points to mainstreaming as a necessary element in the viability of the local councils. 34. Over the last 14 years, the achievements of the 547 LGUs6 that vied for the Presidential Award for Child Friendly Municipalities and Cities, in particular the 307 regional awardees and 38 national winners and Hall of Famer LCPC/LGUs, have provided evidence that LCPCs can succeed and deliver results under the administration of LGUs. Two national winners -Vigan and Mandaluyong – included in the study are good examples. Annex 1 has a complete listing of national winners and Hall of Fame LCPC awardees. 35. The number of LGUs that have vied for the award might likewise suggest that the Presidential Award for Child Friendly Municipalities and Cities has to some extent been an incentive for some LGUs to strengthen LCPC and demonstrate broad-based and sustained results for children.7A review of relevant documents on CFA and visits to recent LGUs that have vied for the award strengthen this conclusion. See Table 1. 36. Another apparent positive factor is a supportive mindset among some LGUs, i.e., that doing good for children is the correct thing to do. “A sense of mission” and “Childfriendly governance is good politics” are phrases likewise mentioned. Can awards by themselves be incentives for LGUs to deliver results for children or are both LCPC success and awards outcomes of deeper motivation (e.g. a sense of mission or professionalism)? The answer might be the first, the second, or both for different LGUs. Clearly, awards are at the very least useful for encouraging exemplary LGUs to come forward – and hopefully assume a bigger mission for children in a wider context. Whatever motivates LGUs to vie for the award, the CFA represents an incentive that might be made compelling enough to stimulate LCPC success for some LGUs. There are sufficient indications that LGUs involved in CFA tended to form strong LCPCs and mobilize constituent ones – exercising leadership that permeated the LGU political and sectoral spheres. 6 The numbers of repeat LCPC winners will factor down these figures. CWC is presently reviewing the files to complete the data on repeat winners to give a more accurate listing per region. 7 The award was established in 1999 at the initiative of the Council for the Welfare of children through Executive Order No. 184. In 2006, DILG issued MC 2006-19, enjoining all municipalities and cities to participate in the Presidential Award for Child-friendly Municipalities and Cities. The award is conferred on deserving local government units in recognition of their vital role in sustained promotion of children’s rights to survival, development, protection and participation as well as in ensuring child friendly governance. 14 37. CFA recognition of LGUs on the basis of demonstrated results for children contrasts sharply with NBOO’s criteria for assessing LCPC functionality. “Mature” or “ideal” LCPC mainly report on process indicators called for by MC 2008-126 (i.e., documentary proof that the LCPC was established, record of meetings, copies of plans and budgets, and accomplishment reports). CFA LGUs generate results for children and appear to be driven by such results to further improve and enhance using existing LGU planning and programming tools such as annual work plans and investment plans. In contrast non-CFA LCPC generally did not use these tools, and were therefore limited to ad hoc projects and routine sectoral activities. 38. The LGUs in CFA also had higher budget allocations (CFA criterion implies budget from 5 percent to more than 30 percent of total LGU budget) compared to non-CFA mature and ideal LCPC that are generally limited to 1 percent of their IRA if at all supported by budget. 39. Excluding Vigan and Mandaluyong which are CFA Hall of Fame and national awardees respectively, the study found that of the 37 LGUs covered, only few approximate the level of motivation, planning, resource generation, process achievements, and programme accomplishments of CFA LGUs. Few can show results for children beyond the usual sector programme results. 40. The important finding remains: the CFA LGUs and the LGUs in the study that approximate the achievements of the CFA awardees demonstrate that they can indeed mainstream Child 21 and the Five Year National Programme of Action for Children within their Comprehensive Development Plans and Annual Investment Plans. They demonstrate the role of LCPC as outlined in MC 2009-170/Mainstreaming Child Rights in the Rationalized Local Planning System. 41. They follow the process requirements of MC 2008–126, deliver the results demanded in the CFA, and set the standards for other LCPC and LGUs to emulate. Box 3A - Highlights from the Validation Meeting In reference to the CFA awardees and a few LGUs in the study, DILG Undersecretary Panadero remarked at the Validation Meeting that “these are truly functioning LCPC. They set the standard against which LCPC functionality should be assessed in the future.” 15 Table 1 – Selected information on results for children generated by the LGU/LCPC participating in Child Friendly Awards LGU Hall of Fame Vigan National Winner Mandaluyong KEY INFORMATION ON OUTCOMES Regional winner since 2006, 3-time national winner Continuing reduction in IMR: 12.86 (2008); 11.0 (2009); 5.01 (2010 Reduction in severely underweight preschool children: 0.33% (2009) and 0.27% in 2010 which LGU attributes to its nutrition education, micronutrient supplementation and feeding programs (earning for it the Green Banner Award among Region 1 cities in 2010) and its food production initiatives through bio-intensive gardening, dairy and livestock production and improved agriculture technologies ( which earned for its City Agriculture and Fishery Council the Most Outstanding CAFC of the Philippines in 2009.) Improving indicators for elementary school participation rates: 63.19% (SY 2008-09) to 77.17% (2009-10) and completion rates 80.23% (2008-09) to 90.24% (2009-10) Improving indicators for secondary school participation rates: 96.92% (2008-09) to 126.14% (2009-10) and completion rates 55.04% (2008-09) to 126.14% (2009-10) Increasing investment in children: P82.3 million (2008); P83.7 million (2009); P97.3 million (2010) Expanded child protection services include: community-based services to prevent delinquency and drug abuse, Unlad-Kabataan, pre-marriage counseling, legal assistance for abused children, foster care, adoption, protective services for neglected children, Sagip-Batang Manggagawa, and diversion service for children in conflict with the law. Award-winning PNP women and child protection desk continually disseminates information on rights of children using tri-media Decrease in severely underweight pre-schoolers: 265 or 0.54% in 2008; 144 or 0.29% in 2009; 113 or 0.23% in 2010 Project TEACH (Therapy, Education and Assimilation of Children with Handicap) an early intervention program for children with special needs directly benefits 178 indigent children – with increased numbers expected as more children are evaluated and diagnosed. In less than a year of implementation, the project 16 was cited by World Bank as an innovative program under its “Panibagong Paraan” competition and given P1 million support grant. CFA Participant firsttime entry 2011 Villaverde, Nueva Vizcaya In 2008 the city constructed Bahay Lingap – a facility for children in conflict with the law and for street children – which to date has served almost 300 children with social service interventions, values formation activities, skills training, formation of music band, in close working relationship with police Women and Children’s Desk and SWDO. BCPC and CCPC plans linked with Comprehensive City Development Plan and Investment Plan under leadership of City Planning and Development Office New mayor reorganized and strengthened MCPC with active involvement of sectors, especially youth, and organized the Technical Working Group to support MCPC Substantial resource allocation for children: P15.7 million (53% of total budget) in 2009; P13.1 million (38%) in 2010 Improving educational performance e.g. General Mean Percentage Score of students of Villaverde Central School: 73.79% in SY 2007-08; 82.74% 2008-09; 87.0% in 2009-10. Drop-out rate for 2009-10 was 0.33%. National Winner 2010 CFA Entry 2011 6-time Regional Awardee – Child-Friendly City Decreasing malnutrition prevalence rate (0-5 yrs old):11% (2004); 6% (2005); 5.50% (2006); 4.20% (2007); 4.14% (2008); 3.30% (2009) Decreasing maternal mortality rate: 0.58 (2007); 0.5 (2008); 0.54 (2009); 0.36 (2010) Improved elementary performance on the National Achievement Test for school years 2006-07, 2007-08, 2008-2009 respectively: Mathematics – 59.76; 69; 74.49; Science – 56.96; 66.46; 73.35; English – 60.16; 66.78; 74.84 Women and Child Protection Desk – Olongapo City Police has been consistent regional and/or national awardee since 2004 for its protection services Olongapo City National Winner 2007 CFA Entry 2011 Jordan, Guimaras Regional awardee – 2006, 2007, 2008, 2009; national finalist 2006, 2008, 2009 Continuing improvement: IMR 5.57 in 2009 reduced to 1.01 in 2010; MMR 1/1000 in 2009 to 0/1000 in 2010 17 CFA Entry 2011 Priority to Scholarship Program guaranteed in ordinance to institutionalize and continue program with whoever may sit Chief Executive and legislative officials Investment plan for children includes Capability-building budget for MCPC, BCPCs and Child-Friendly Movement initiatives: P205,000 (2008), P230,000 (2009), P290,000 (2010) Increase in day care participation rate due to free tuition and materials from city government: for 3-4 year olds – 53% in 2008 to 62% in 2009 and 77% in 2010; for 5-year olds – 96% in 2008 to 100% in 2009 and 124% in 2010. 100% birth registration in 2010 Creation of the Inter-agency Monitoring Task to monitor and evaluate the functionality of the LCPC and BCPCs and coordinate search for Most Child Friendly Barangay Continuing support since 2005 for the Violence against Women and Children Campaign Network and initiatives to address problems: e.g. capacity building for BCPC officials; formation of Quick Response Team (PNP, Liga ng Barangay president, CSWDO, S. Isabela General Hospital, Youth Affairs Office of Mayor’s Office, NGOs), shelters for child and youth victims Santiago, Isabela CFA Participant Regional Winner 2011 San Francisco, Agusan del Sur LGU cited its greatest accomplishments as Profiling of 0-17 years old children as basis for responsive policy making, program and project development initiatives of the LGU Formation and mobilization of the San Francisco Family and Child Advocates (SF-F&CA) Mobilization of the SF-F&CA on child related activities including the Child Friendly Movement Down to the household awareness-raising on the Child Friendly Movement to include e.g., small business operators, jeepney and motorcycle operators, schools, academe The document submitted for evaluation showed a Comprehensive Local Development Plan for Children with forthright situation analysis identifying critical issues of children and gaps in protection system, key result areas and strategic interventions, as well as a detailed Child Investment Plan (2008-2012). A section on Monitoring and Evaluation focuses on MCPC and BCPC functioning, implementation of Annual Investment Plan, implementation of relevant child protection policies and laws, CSO contributions to Child Friendly Movement, review of policies and ordinances on children 18 Box 4 - The Mandaluyong City Council for the Protection of Children Winning in the Child Friendly Award for Regional Highly Urbanized City category in 2009 and then as national winner in 2010 in the same category, Mr. Leo Urmeneta, the Executive Director of the City Council for Child Protection - himself a champion of child rights for many years, attributed Mandaluyong’s success to the following: 1. Dedication of the Local Chief Executive to children’s rights. The Mayor mobilized the human and financial resources of the city and led his team of barangay officials to do the same for child rights. 2. Dedication of the core members of the technical working committee of the CCPC. The members represent the different sectors and have different specializations; thus, programs are comprehensively planned, implemented and monitored. Moreover, indicators and parameters needed for the different concerns of the children can be easily identified and measured. 3. Cooperation from the 27 empowered barangay chairs and the Council. All the barangays in the city deliver results for children and have their BCPC reached and maintain ideal category. 3. Innovative programs for children including: 1) Project TEACH - a unique learning program for the poor and disabled children which employ therapy education assimilation; 2) the creation of the breast-feeding patrol, a group of breast-feeding mothers who can be called upon during emergencies to breast-feed hungry babies; 3) millennium baby project for the health care of women and their babies; 4) education programs and projects which reduce the teacher-student ratio at the elementary level from 1:38 in 2008 to 1:33 and at the secondary level to 1:31 in 2010; and 4) the 1:1 book to student ratio in all levels. During the FGD with the CCPC of Mandaluyong it was clear to the research team that tremendous transformative change has happened with the members and the leadership in the City. That they embraced child rights programming and investing in children’s programmes initially as their road to winning the CFA in the region, it was apparent that such drive has now completely been integrated in their mainstream work. One feature of the City Council is the effort being exerted at the CCPC to enhance the capacity of the BCPC to plan, budget, implement and monitor the projects of the BCPC. The CCPC organized several workshops to teach the Barangay Council to prepare their Annual Investment Plan and Work and Financial Plan. There were barangays who requested for such workshops upon learning what the CCPC does. Finally, a requirement to be a winner of CFA is that at least 30 percent of the budget should be dedicated to child-related programs and projects. In the case of the City of Mandaluyong, when the combined allocation of the City and the cash and in-kind contributions from the many non-government organizations, the allocation went up to 40 percent. The City counts on the support of many partners from the business, religious, and nongovernment organizations who the CCPC sought and nurtured with demonstrably sustained results. At the FGD with the CCPC attended by senior managers of AlcanzConsult, we were impressed not so much by the litany of the city’s accomplishment but by the apparent dedication and deep commitment the team has placed in their work for children. The team were clearly professionals in their sectors but also were an integral part of a city team with passion for protecting child rights in the city. 19 B. Lack of awareness and clarity about the LCPC There is a serious lack of awareness on the memorandum circulars on child rights and the LCPC. The research encountered frequent confusion and lack of clarity about intent and relationship among the MCs and budgets. 42. Some LGUs and LCEs at municipal Box 3B - Voices from FGD and barangay levels are still unaware of legislations and circulars on the organization of the MCPC and BCPC. The personnel of DSWD and DILG tasked with bringing the MCs to the “Mayroon bang Memorandum Circular iyan attention of the LGUs at times have failed to do (referring to BCPC?” asked one Chairman of so, citing their lack of time among many a barangay to some members of the FGD from competing tasks. What LGUs understood from the barangay before the start of the FGD. “Eh the circulars is that they are asked to organize saan kukunin ang budget niyan”, asked another? “Akala ko ay natigil na yan (LCPC) the LCPC, convene meetings, formulate and when the ECCD project budget finished?” show that there are plans, accomplishment was often heard among participants of the reports, and other documentation. Most LGUs FGD. are confused about the value of the LCPC given the existence of sectoral programmes, and are unaware of the budget provision or other sources that can be tapped. Some established the LCPC because of the DILG directive, held a meeting, but did not know what to do next as there was no orientation from any agency or the LGU covering them. 43. The introduction of the ECCD implementation at BCPC level and more recently of the Juvenile Justice and Care program confused some LCPC about their roles, functions and scope of work, funding support, and reporting lines. The new programs created additional demands on LCPC capacity to handle the multi-sectoral concept of child protection, as against being confined only to the objectives of the two programs. With the stoppage of ECCD program implementation, some LCPC that were provided some capacity building in planning, budgeting and monitoring have also stopped operations with the end of financial support from the ECCD project. Box 3C - Voices from FGD “Hindi ho pinapansin yan (referring to LCPC) kasi walang budget. Saan nga ho ba kukunin ang budget ng komite na ito? At saka wala naman ho ito sa mga priority na isunusulong ng gobyerno,” are oft repeated questions and comments from FGD participants. “Ito ho palang LCPC ay importante rin at mukhang mayroon evaluation ngayon,” commented one participant in the FGD before the meeting began in one LGU. 44. Most LGUs are not clear about where they can draw funds for LCPC. Earlier circulars pertaining to LCPC did not mention budgetary allocations and this was seen as a damper on LGU interest and an indication that the subject was not really a government priority. It was only in 2008 that an MC was issued for LGUs to 20 use 1 percent of IRA for LCPC, and many LGUs are still unaware of this provision. However recent directives state that IRA funds can no longer be used for non-infrastructure projects; while most LCPC activities have to do with strengthening capacity for assessment, planning and investing for child rights. The 1 percent IRA allocation also pales in comparison with those of the other councils/institutions that are contained in the Local Government Code (Sanguniang Kabataan 10 percent, Calamity funds 5 percent) and executive issuances (Gender and Development 5 percent), although some LCPC manage to tap into these and other funds. For the sectoral programs for children that they implement, the national, provincial and municipal sectoral agency funds are used. Other LCPC have benefited from contributions from NGOs or private sector. There are few examples of provinces and cities/municipalities that allocate special funds for the LCPC in their respective annual development plans. 45. In general the higher level LCPC do not mobilize their constituent LGUs in making their local councils work. Most of the LCPC visited did not see any reason to mobilize their constituent LGUs to establish and make their LCPC function or do better. They do not see it as their role and a few cite the MCs as reference. It is noteworthy that the MCs do not task the higher level LCPCs to rally and mobilize opportunity. Box 3D - Voices from FGD “Nang huli po naming pagusapan ang tungkol sa subject ng bata ay noong may dumating na mga lumang damit na kailangan ipamigay sa barangay. Matagal na matagal na po iyon.” answered one FGD participant when asked how often do the town authorities talk about children in their work. their constituent LCPCs. This gap is a missed 46. One finds exceptions like the Cebu PCPC or the CCPCs in Vigan and Mandaluyong. They mobilize their constituent LCPCs because they believe that the achievement on children’s concerns is the sum of the work of their councils and that of their constituent ones. Because they orient and train their constituent LCPCs, the percentage of functional LCPCs under these LGUs are higher than in places with no higher level LCPC support. C. Low position of children in the LGU priority list In a number of LGUs, children’s concerns are a matter of charity rather than an issue of rights and development. No change is forthcoming under the current state - children’s issues are topics not discussed in the public debate among local authorities and interviewed staff sees no pressure of such debate at the national level. 47. In most LGUs visited, the participants in the FGDs say that programming around children’s issues receives a much lower priority when compared to other funded mandates, such as those viewed as matters of security, disaster mitigation and the like. A general perception is that problems of children are best left to parents and their families, or that the concerns of children are sufficiently addressed by existing specific sector programs. 21 48. Although the research team heard local Box 3E - Voices from FGD functionaries repeatedly mention child rights in the FGDs, there seemed to be little understanding of the need to analyze the situation of children, and to “Upang maging matagumpay ang formulate and implement strategic measures supported mga plano, kinakailangan ng LCPC by resources. LGUs do not see children as an issue ang isang lider na siyang mamumuno equal to the big topics of the day: e.g., disaster at ang tulong na rin ng bawat management, livelihood, crime that are often reechoed miyembro ng organisasyon. “ (LCPC member). at all levels. In the national scene, there may seem to be moments when children take center stage: e.g., in 1973 “Wala kaming magagawang ganito when a prominent Philippine newspaper front page kaganda kung wala ang support ni headlined “Malnutrition in Philippines worse than Mayor”, remarked another. Bangladesh,” or when media reports on mudslides and fires that ravage houses with children in them. But the silent deaths of young children from sickness, the numbers of out-of-school children every year, the quiet suffering of the undernourished, the unheard screams of young girls trafficked and raped do not produce the convulsion and moral outrage that they should. The absence of such outrage is also impacting on the attitude of LGUs towards child rights and LCPC. D. LCE as key driver of LCPC The Local Chief Executive (LCE) is the key driver of the LCPC and of local government programming for child rights. However, there are few LCE drivers, found among the Child Friendly Award winners and some LGUs in this study. Distance to the capital, the Luzon-Visayas-Mindanao and National Capital Region locations, income classification of LGUs, legal and income classification of cities, did not appear to affect LCPC (non)performance. While the finding is primarily a result of little variability among the high percentage of non-performers, the experience showed that LCPC-supportive LCEs are sufficient to rally the local councils’ performance. When LCEs are not supportive, initiatives backslide and even LCPC champions from other government agencies or NGOs are unable to keep the local council from crumbling, let alone deliver sustained results for children. 49. The study observed that when LCEs accord genuine importance to children, and/or see political capital in investing in the LCPC, the following are more likely to happen: LCPCs get organized, plans and programs for children are formulated, resources are found even beyond what is stipulated officially; effective monitoring is undertaken; constituent municipalities/barangays are mobilized to attend to the needs of children and to establish and activate MCPC/BCPC. They produce results for children. 50. This is similar to the NBOO thinking that it shared with the study team before the field research began. NBOO officials recognized that the active support of the LGU leadership has 22 direct impact on the functioning of the LCPC, recalling that DILG Secretary Robredo himself had headed Naga City as a Hall of Famer in the Child Friendly Awards. 51. Such LCEs adopt appropriate tools for planning and monitoring, find ways of mobilizing sector officers to play their roles, and move local officials to engage the communities as first level protection for children. They engage local CSOs effectively. If not familiar with child protection, the LCEs expand capacities in advancing children’s rights by selecting knowledgeable members to become part of the LCPC and by observing and learning from examples of functioning LCPC. When LCEs take the circulars to heart, results are seen in terms of impact on children (e.g., results listed in the 24 indicators for CFA) and the sustained functioning of LCPC to oversee the planning, programming, investment and implementation of actions that are child rights responsive. 52. The LCEs go beyond the usual tendency to regard children’s concerns are adequately addressed by sectoral programmes and budgets. 8They have overcome this bias and recognize the need for ‘council type” structures and coordinated efforts to respond to the issues around children that require the involvement of communities and families and demand complex strategies beyond simple sectoral programming. 53. Even in instances when the LCE is not at the forefront of LCPC functioning, and instead others such as NGOs or other officials take the lead, the LCPC still benefits from the tacit approval from the LCE where s/he does not assume an oppositionist or obstructionist stance toward the LCPC. Box 3F - Voices from FGD “Having good functional LCPC is good for children, for our city and for our politics; it is a win-win strategy,” Mayor Medina honestly declares during the KII with the lady executive. “The result of this enlightened leadership is that everyone is working in the city to support children’s rights.,” says one of the Vigan LCPC members. Further, according to Frederick Bitonio, the City Local Government Officer and a key player in the Vigan CCPC, “It is not surprising that the Hall of Fame winner can show sustained outcomes for children as part of our work because we are driven by such outcomes. 54. In contrast, reports from the field attest that when the LCE is not interested or not committed, little happens. The LGU plans and programs poorly for children and the LCPC do not get established or, if established, do not function properly. 8 This point of view is common but dangerously inaccurate. Substantively, sectors do address children’s rights but sectors have their own programming templates that are slow to adapt to change and requirements that vary from area to area. A good example is that while departments of education around the world are generally good in their core task of teaching, they do not automatically think and search for children who out of school or are unable to enroll. In addition there are rights of children that are the subject of interagency, collective action by the very nature of those issues. There are also rights of children for which the best protection framework are families and communities. 23 55. The FGDs indicated this phenomenon consistently. In Vigan, Mandaluyong, Cebu province and Cebu City, the leadership has made huge difference. Mandaluyong demonstrates that the local council sees LCE leadership as a crucial factor to LCPC functioning. (See box). Hall of Famer Vigan is another proof of the importance of LCE leadership, with the lady mayor inspiring the larger LGU team to integrate child rights into the overall development programme and budget of the city. Box 3G - Voices from FGD “Nawala na ho ang file naming ng mga circulars tungkol sa LCPC nang magpalit ng barangay chairman,” confessed one kagawad who was represented at the FGD. “Noon ho ay matatag ang aming council pero noong mapalitan ang pamunuan makatapos ang eleksyon ay hindi na kami kasing active,” lamented one FGD participant. Such remarks are heard many times in different locations. 56. Cebu Province and Cebu City are widely recognized for having strong champions of LCPC. The Cebu PCPC is headed by the Vice Governor who also authored the Children’s Code. Being well connected with other government officials and funding institutions, the vice governor is able to promote the cause of children in the province. 57. The Cebu City Council for the Protection of Children is equally active. It counts among its champions the former first lady of Cebu City and now city councilor. She used to head the UNICEF supported urban basic services program implemented by the Cebu City Inter-Agency Coordinating Council for Children that is now an active member of the Cebu City Council for the Protection of Children. E. Elections affect sustainability of the LCPC Change of LCEs after elections result in decreased support for LCPC, in disruptions of operations as children’s programs wait for attention or worse, in abandonment of initiatives undertaken under the previous incumbent’s administration. 58. A frequent reason cited by many LCPC members for the deterioration in the councils’ functionality are the electoral changes that usher in new LCEs, the majority of whom do not receive critical orientation on LCPC. Newly elected leaders may show different priorities and little interest in LCPC. Across the local councils visited, the commonly mentioned effects of the election of new LCEs are changes in LCPC composition, funding changes and delays, and loss of files or poor turnover of the same. The effects are more markedly felt when the new leadership belongs to a political affiliation opposed to the incumbent LCPC members – whether public officials or non-government individuals. 59. The case in point is that of one CFA Hall of Fame LGU in Luzon where political 24 changes undermined the achievement of many years because there is no system to effectively draw the newly elected LCEs into child rights governance. Nor is there a system in the face of a change of LGU leadership to maintain the motivation of Hall of Fame or CFA winner LGUs beyond the three recognition awards and the Hall of Fame status. 60. It should be noted that the experts’ group meeting also emphasized the above conclusion to the research team: “The group noted that changes in leadership (election periods) affects functionality.” NBOO and the PIDS reechoed the same in their official publications. F. No effective mechanism to build the capacity of new LGU officials While it is apparent that the LCE plays a singular role in catalyzing child rights programming at the LGU level and in strengthening the LCPC, the study encountered no well-thought out or effective mechanism to systematically reach out, sensitize, motivate and build the capacity of new LCEs and the LGU team in the twin imperatives of mainstreaming child rights programming into the Rationalized Local Planning System (RPS) and establishing functioning LCPCs as provided for in the relevant MCs. 61. Not any single agency nor the collective of the Local Government Academy, the League of Cities, Municipalities and Provinces, CWC, sectoral government agencies, nongovernment child rights agencies, and faith based organizations possesses at the moment a comprehensive and defined system to effectively reach and influence the Local Chief Executive on the issues of child rights programming and the LCPC. What exist are the laws and the memorandum circulars with no follow-up mechanism for compliance, a few valuable manuals that are in short supply and unknown to many LGUs and LCPC visited, some sporadic orientation done by NGOs in limited areas where their programmes are situated, and limited capacity building in the Local Government Academy for urban LCEs involved in children’s issues. CWC has plans to embark on a wider system of orientation and training but this is yet to advance. 62. An unexploited resource is the experience of CFA awardees in replicating good practice. For example, the mayor of Vigan asks “Where do we go from being a Hall of Famer except to continue our good work? No one has asked us to help replicate and we are willing.” Mandaluyong is also ready to share its good practices more systematically if asked. Both cities host ad hoc visits from LGUs on their own. If left unaided, sharing visits are likely to be problematic for the host LGUs as they tend to be unplanned and provided without the benefit of pedagogy and follow-up action. It is noteworthy that replication strategies of local governments’ good practices such as GOFAR has already well developed systems in place. CWC initiated some work on best practice replication but funds were not available to push the project further. 63. The study found that DILG local officer in most cases was at the forefront in getting the LCPC established by placing before the LCE the Executive Order for signature. Beyond this, the DILG and DSWD were found helpful more often than any other agencies in getting the LCPC to function by facilitating the work of the Chair or the Co-Chair. 25 64. The FGDs pointed out that the engagement of the community, NGOs and CSOs contribute to relevant planning and sustained implementation. They provide expertise and support in community mobilization and in participatory planning for children. Some LCPCs expand their membership to include more NGO representatives (beyond number stipulated in the MC) or tap them as needed. Volunteers from the community are sometimes chosen over other local officials so as to minimize getting embroiled in politics. The presence of child-focused funding agencies can enhance not only the programming capability but also the financial sustainability of the LCPC. 65. However valuable the support of CSOs, NGOs and faith based organizations may be, such support cannot stand alone, particularly when the LCEs are not fully supportive of child programming. Among the 10 barangays included in the Best Practices Study in 2005, a key factor for success was NGO and CSO support. Of the four BCPC revisited as part of this study, three could not sustain the work when the LCE support weakened. 66. In summary, it was clear from the LGUs visited that the system lacked a dependable, continuous and defined mechanism to reach the LCEs and to build and sustain the capacity of teams in child rights programming. G. Deficiencies in current functionality criteria as benchmark of performance The situation in the LGUs visited generally conformed with the ratings reported to the NBOO. However, a number of LCPC showed lower levels of functionality than what was reported and could not show results on children.9. The actions taken by the LGUs were in general superficial and perfunctory. Moreover, the local councils at the barangay levels do not receive feedback on their ratings and status. 67. As described earlier, a few LGUs approximated the work of the CFA LGUs/LCPC. In these LGUs the LCPC are active. In addition to complying with the process requirements of MC 2008-126, they also assess the situation of children based on information they collect, design actions and invest resources to address problems that affect children, and take legislative actions which implies engaging the Sangguniang Bayan in their localities. Such LGUs approximate the description of a fully functioning LCPC. 68. Otherwise in most other cases, LCPC work was superficial and perfunctory - basically responding to the process requirements of the MC in the rating system. 10 They did not benefit 9 The study did not investigate whether or not the NBOO ratings were accurately reflected in the LCPC work and situation in the LGUs covered. However the study noted a few cases of inaccurate reporting leaning on making the LCPC appear more functional than it really is or reporting as established an LCPC that has not been set up. 10 The tendency to regard LCPC as a matter of complying with MC process requirements leads to the following scenario, already an optimistic collage of frequently heard explanations in the LGUs visited: the DILG officer posted at the LGU prepares the EO for the newly elected LCE’s signature to establish the LCPC, a reportable item in the DILG system. After the LCPC establishment, the LCE’s involvement might already end at this point. The sectors represented at the local level might meet four times as required, with no other function except to acknowledge membership. Each member might cull from his/her sector duties those that could pass as child-related with their corresponding budget, put them together to complete the LCPC plan of activities and budget, continue doing one’s sector work and report it as part of the LCPC accomplishment whenever the report is required. If the 26 from a systematic analysis of children’s situation; programming appeared ad hoc in some, and what is shown as the work of the LCPC is usually a simple aggregation of what sectors have been doing in the past. What LGUs understood or conveniently understood from the circulars is that they are asked to organize, convene meetings, formulate and show plans / accomplishment reports and other similar documentation – with little mention of results for children. Partial understanding of the rationale behind the LCPC is traceable to various reasons discussed in later sections of the report. One that needs mentioning at this point is the misleading formulation in the MCs particularly with respect to rating performance as it overemphasizes the superficial process based rating system without interest on what really went on and obscures the essence of establishing LCPC, namely, to generate results for children’s well being 11. 69. For most LGUs that establish the LCPC, the main challenge is in attaining true functionality for the LCPC. After establishment, many LCPC do not receive the proper orientation, adequate training, and technical support that they need to become functional. Many LGUs were at a loss on how to get oriented on LCPC and from which agency to seek help. The BCPC were the least informed on where to find support. Many have never seen or heard about the CWC manuals on organizing barangay councils. Some MLGOOs said that they are not trained and do not feel competent to follow through the establishment of MCPC and BCPC. Some DSWD staff voice similar concerns about lack of expertise as well as time and workload constraints. Only some LGUs received Box 3H - Voices from FGD satisfactory orientation for MCPC and BCPC members usually from a pool “Naorganized na po ang aming LCPC kaya lang ngayon of trainers drawn from local lang kami magmimiting,” said one member of an government, NGOs, and sector LCPC.referring to the day coinciding with the FGD. agencies. 70. LCPC plans and projects for children are generally ad hoc and disjointed, following classic sector templates. There is little appreciation of the need for collective data on the overall situation of children, of a shared cycle of assessment, and evidence-based programming and reprogramming of agreed results. In most cases, the functional service delivery capacity of various national departments now devolved at the sub-national levels have overshadowed the members are aware of the 1percent of IRA allocation of the LCPC, however miniscule, it might figure out in the budget or it might not. One or more members’ social awareness might cause them to want to do something for children but does not know how and see no source of guidance. In any case, the LCPC submits compliance reports to the local DILG and the latter would give a rating to the former as to its status as an LCPC. Based on the NBOO criteria, our hypothetical LCPC would reach a rating of at least a MATURE LCPC. There are many variations in the story but the ending is the same: unless the LCE is committed and takes a concerned role, unless the compelling and enabling conditions as well as the incentives to perform and the disincentives to neglect are set in place, the LCPC has little hope of delivering to the Filipino children. 11 In the research team’s meeting with DILG USEC Panadero, he recounted to the group the agony of the team that prepared the MC 2008-126 as they debated whether they would go for results or for the process indicators. The decision favored the latter and one sees the result of the decision. The USEC believes that a wise next step from here would be to continue using the process indicators and to add only two results (maybe one in health and one in education) to constitute the first award in CFA which would to be called the Seal of Functioning LCPC. The Seal would then be a precondition to other DILG awards and the CFA. The strategy would serve to make functionality the norm among the LGUs rather than the exception, following the success of the Seal of Good Housekeeping. 27 strategic rationale for LGUs to create the LCPC. Because the formative importance of a council type of organization for children particularly in planning, policymaking and social mobilization has not been emphasized, many LCPC simply choose to continue with the service delivery systems in health, education, etc. which were already in place before the establishment of the LCPC. 71. It is only when sectoral agencies sit down and discuss problems of children that are not addressed by the agencies in the LGUs (e.g., drug addiction, trafficking of children, child labor, etc) that LCEs and the agencies themselves appreciate the value of collective assessment, analysis, planning and policy actions. 72. The focus group discussions and field interviews reveal that most provinces, municipalities and barangays display weak capacities in planning, policy advocacy and investment programming for children. This is despite the fact that at the national level, DILG, CWC and other sectoral departments are fairly competent and the guidance for mainstreaming the National Plan of Action for Children 2005-2010, and its implementing program framework, Child 21 (2000-2025) as well as the Comprehensive Plan for Child Protection exist - all of which are attuned to achieve the MDGs by 2015. Although DILG has recently anchored the functionality of the LCPC on performing responsibilities of planning, advocacy and investment programming, many LGUs have not been able to prepare the comprehensive local plan that will be the basis for preparing their annual investment programs. Most annual investment programs are based on individual submissions of sectoral departments (reflecting traditional programs on health, supplementary feeding, etc.) and have little cross-sectoral issues of policy advocacy, research and new problem areas that emerge. In the initial phase of the research, there were no firm yardsticks and benchmarks against which the current state of the LCPC can be assessed. A conceptual model of a well-functioning and effective LCPC can be developed but whether it would be applicable to the Philippine context would still be a question for some future time. In the course of data gathering, the research team came across local LCPC experience mainly coming from the CFA recipients that proves that not only is an LCPC workable – it can function well, be effective in delivering results for children and more importantly, blends efficiently in the Philippine local governance context. Putting varied experience together including those established earlier, brings out the basic requirements for an effective functioning LCPC: LGUs and LGU teams receive orientation and support for planning, child-concerns are mainstreamed not sectorally handled so that inter-sectoral concerns also receive attention, LGU and agency staff expand capacities thru own experience and shared learning, acceptable monitoring systems are set in place to track progress and detect emerging problems and opportunities, the work of the council and initiatives are funded, community members assume their role, children are fully involved. In addition, sanctions for nonperformance and rewards for achievements are sufficiently motivating to the LCE and the LGU team. 28 H. Enabling and compelling conditions are lacking In areas where LCPCs are successful, DILG officials and LCEs mention a sense of mission and the correctness of the focus on child rights, the political value of child-rights responsive governance, or professionalism as motivation for ensuring the high quality of LCE results. It will remain a formidable task to convince LGUs to establish the councils and comply fully with the intents of the LCPC legislation if the compelling and enabling conditions are not put in place. 73. The reason why the compliance of LGUs to the above mentioned laws, PDs and MCs on LCPC is low and variable is the insufficiency of compelling and enabling conditions to make LGUs establish LCPC and manage their work. The compelling and enabling conditions were generally weak, disconnected Box 3I - Highlights from Validation and spotty, and not sustained. Meeting 74. Neither the LCPC nor protection of children’s rights is included in the Local Government Code. The circulars on Child Protection came much later after the laws and decrees that preceded them. They are not funded mandates and LCPC came with a small budget provision of 1 percent of IRA. No sanctions were applied for noncompliance. The inclusion of Child Rights or the functionality of LCPC in key governance awards as a criterion is limited. The NEDA Assistant Director General for Regional Development Marcelina Bacani emphasized at the Validation Meeting that “whenever NEDA issues an important memorandum, a support system to back it up is mounted and monitoring of compliance is undertaken to ensure some degree of success in the project”. She asserted that this is the key to better compliance of circulars. 75. According to a senior DILG Officer, the local DILG personnel at the LGU finds it imperative to prepare the Executive Order for the LCE to establish the LCPC after the elections as this is one of the reportable items in the DILG system. There were a few cases of LGUs visited where he/she failed to do so, citing lack of time and competing tasks. 76. But beyond the establishment of the LCPC, there is little follow up on its functioning. 77. During the meeting between NBOO and the research team, Assistant Director Leo Treovalo stressed that assisting LGUs to attain the first two levels of functionality – BCPC organization and meetings – were clearly the responsibility of DILG. However, achieving the higher levels of functionality – with policies, plans, budgets, accomplishments - were the shared responsibility of participating agencies e.g., the interagency task force for monitoring, the DILG and LGU. He pointed out that DILG has no coercive power over LGUs except for the provinces – none over cities, municipalities and barangays. It can only seek to influence policy directions 29 through promoting “best practices” and recognition awards, peer-to-peer learning with replication and re-entry plans. 78. He further indicated that in accordance with the Memo Circulars, DILG facilitates the organization of the BCPC by initiating talks with the local DSWD office, the mayor and city administrator, and persuades them to create the MCPC. The executive order and the Sangguniang Bayan resolution to create the Council are then enacted. However, after the creation of the LCPC, the capacity-building for the substantive work remains unclear. Although DILG and DSWD generally take the lead, he stressed that technical assistance should be provided as an interagency effort. 79. The sectors represented at the local level also do not have clear terms of reference with respect to the LCPC – leading members to continue their respective sector’s work and report it as part of the LCPC report. 80. The incentives to perform and the disincentives to neglect are not in place for LCPC and child rights programming. Box 3J - Voices from FGD “Ang dami dami po naming priorities. Ang mga issues around children are responsibilities of sectors” said one LCPC member. 81. LGUs and LCEs mentioned conflicting priorities and institutional demands. Because of the large number of memorandum circulars they receive, they are often unable to keep up with the releases and to see how they are connected with each other. They face conflicting priorities and overlapping demands with the slew of local institutions that they must establish, especially when these are related to children’s issues. The Local Government Code spells out a number of institutions (councils, boards, committees etc.) to be created by LGUs, including among others: Local Health Board, Education Board, Peace and Order Council, Barangay Justice, Local Disaster Coordinating Council, etc. At the barangay level, there are about 16 such institutions that need to be organized - including the BCPC - invariably chaired by the LCEs. The task of creating and managing these have been a challenge for the LCE, DILG, barangays and other sectoral agencies and units of the LGUs. Some LGUs try to resolve their dilemma by combining meetings (e.g., BCPC with Barangay Development Council) or combining / equating councils (MCPC with Municipal Peace and Order Council). LGUs also comment that even without meetings, the different LGU units concerned with the development of children have their plans, list of accomplishments, and reporting systems anyway. Moreover, the organization of LCPC tend not to be seen as important by the LCE, DILG and other sectoral agencies given that many of the other barangay-based institutions have specific budgets provided in the LGUs’ Maintenance and Other Operating Expenses or from specific tax ordinances like the Health and Education Boards. 82. Monitoring systems are weak. Monitoring systems for LCPC are generally weak and problematic. The focus group discussions revealed that the LGUs’ knowledge of the LCPC monitoring system is poor. Some of the LGUs do not even know their status. They say that the monitoring system is felt by LGUs only when they are asked to submit their documents, but they hear nothing after that with respect to their performance. Nonetheless they know that there has 30 been no LGU called to explain why LCPC does not exist or is poorly functioning. Many feel that the higher level LCPC is only interested in getting their reports every year but is not interested in the real functioning of their LCPC or in supporting it. The interagency monitoring task force system did not appear to be functioning, as it is mostly DILG reporting. Serious gaps in nonreporting LGUs and gaps in the accuracy of reporting affect the ability of the system to use the system for programme management. A few initiatives by LGUs to better monitor their LCPC are not always sustained in the face of personnel, funding, and time constraints. 83. The monitoring and reporting of NBOO on functionality are hardly compelling for the non-reporting LGUs nor the ones categorized with basic and progressive LCPC. Incentives to perform and the disincentives to neglect are not in place and disconnected initiatives in support of LCPC are hardly apparent to the LGUs. 84. Prior to the conduct of field research DILG Assistant Director Treovalo raised the apparent need to revisit the index of functionality currently in use, to see whether or not it was adequate and to rectify the mismatch between expectations and actual resources and capacity to implement the criteria. He also expressed concern about the “mandate” assigned to barangays to organize the BCPC, given the many things they are expected to do. 31 IV. RECOMMENDATIONS: ELEMENTS OF A ROADMAP 85. In his keynote address at the Validation Meeting, DILG Undersecretary Austere Panadero outlined the parameters of a roadmap for action. He spoke of conditions that are ripe for the LCPC to “move on” toward mainstreaming and making all LGU efforts child-friendly by programming from the child’s lenses. In other words, LGUs should start implementing the guidelines set forth in the MC 2009-170. Figure 1 Validation Meeting Opening Undersecretary Austere Panadero of the DILG at the validation meeting of the LCPC study held in NEDA Pasig on April 19, 2012, giving an overview of key issues that need to be addressed to strengthen the LCPC and child rights governance in the LGUs. On his left are the UNICEF Representative Tomoo Hozumi and CWC Executive Director Brenda Vigo. 86. He affirmed that LCPCs are viable and can be empowered to work better. To go beyond current levels and dimensions of LCPC functionality means good performance tracking based on results. Scaling up calls for incentives to demonstrate good performance, documenting and replicating good practice, and creating a sustainable delivery system to reach and cover the critical areas in the LGUs. 87. The five recommendations discussed in this section aim to connect disparate efforts into one collective national project to back MC 2009–170 Mainstreaming Child Rights Programming which Undersecretary Panadero underscored as the principal MC on child rights programming at the LGU. The five recommendations underpin the enabling and compelling conditions in support of LGU efforts to make LCPC more effective. 88. The areas correspond to a great extent to the recommendations of the Child Rights experts group meeting held on 1 February 2012 as part of this study. Annex 5 lists the aspects which the experts asked the study team to look into in terms of measures to activate LCPC. 89. The findings and recommendations were discussed extensively in the Validation 32 Meeting held on 19 April 2012 and were well-received by the attendees. Convened by the CWC Executive Director, the meeting called for a shared partnership among the stakeholders to tackle the challenge of enabling LGUs to programme child rights and make their LCPC function. Although an unofficial group, the entities in attendance (DILG, NEDA, CWC, DSWD, JJWC, the Leagues of LGUs (Provinces, Cities and Municipalities) child rights agencies (UNICEF, World Vision, Plan International, Child Fund, ERDA, Education, and selected LGUs) endorsed the findings and enhanced the recommendations with operative details. CWC informed the meeting that an expanded Technical Working Group co-chaired by DILG and CWC will be expanded to follow up the recommendations in the study. 90. A. The recommendations indicate that actions must be formulated to: Enable the entry of child rights issues in public debate as a compelling force for LGUs to consider in their local decision making Clarify the objectives of the LCPC, articulate the aspects and dimensions of LCPC functioning, rectify mechanisms where needed, and delineate roles and responsibilities at the LGU level of all stakeholders - to address the issues and areas of confusion mentioned in the findings. Reach the LCEs effectively on a continuing basis to convince him/her of the value of doing good for children (translated as compliance to MC 2009-170 and generation of results specified by Child Friendly Awards) as a critical public good as well as political capital. Equip his/her LGU team with knowledge of good practice relevant to his/her LGU through accessible replication techniques that work among the LGUs, e.g., by tapping the performing LCPC/LGUs as learning sites and mobilization loci. Use the LCPC performance monitoring system as a reference for LGUs to show to their constituents how well the LGU is performing Reward the performing LGUs with ladder type recognition levels, ascending at successive stages of improvement based on results on children. The five recommendations i. Establish a replication strategy for wider compliance of MC 2009-170/Mainstreaming Child Rights in the Rationalized Local Planning System (RPS). The strategy will include the incentive system for compliance and the “knowledge hubs and network”. It should create the demand to learn what and how to replicate as well the mechanism for sharing knowledge at various moments and in various forms. The experience of the CFA Hall of Fame and national and regional winners present invaluable resource for this purpose. ii. Unify, simplify and make the Child Rights Responsive Governance Award a mobilizing incentive that is truly attractive to LGUs. iii. Redesign the LCPC monitoring system for greater efficiency and improved reporting by 33 and feedback to constituent LCPC/LGUs. Use the same to mobilize lagging LGUs and reward the performing ones. The new system will be included as part of the singular MC on LCPC. iv. Enact a singular coherent government directive/MC, into which existing relevant corollary directives for LGUs and support sectors can be rationalized and amendments and new provisos added as needed. v. As an integral part of advancing the objectives of MC 2009, develop a purposive advocacy and mobilization plan that will place child rights in the agenda of LCEs and their teams and in public debate at national and local settings, supported by the government and child focused UN and non-government agencies. 91. The five recommendations comprise a package that must be treated as a set of inseparable components to obtain the intended result, i.e., child programming with results accompanied by fully functional LCPC (MC2009-170). Any permutation without the full set will not meet the twin conditions of being necessary and sufficient for results to materialize. Hence it is important that the follow-up be done by a consortium that shares the manifold responsibilities inherent in the recommendations. It is suggested that a five-year project be formulated and implemented following the recommendations. The recommendations are discussed in detail below: i) Establish a replication strategy for wider compliance of MC 2009170/Mainstreaming Child Rights in the Rationalized Local Planning System (RPS). The strategy will include the incentive system for compliance and the “knowledge hubs and network”. It should create the demand to learn what and how to replicate as well the mechanism for sharing knowledge at various moments and in various forms. The experience of the CFA Hall of Fame and winners present invaluable resource for this purpose. 92. A project to establish learning/replication centers or knowledge hubs in every region is recommended to be organized by CWC and DILG. In partnership with the Local Government Academy, Leagues of Cities, Municipalities and Provinces, the Galing Pook Foundation, and international and national child rights agencies, CWC and DILG will select the CFA LGUs in every region to compose the knowledge hub and ensure that there is a replicable experience for cities, towns and provinces on MC 2009/170. The project will utilize the good practices of the CFA participants, regional winners and the Hall of Famers as resource for replication. It will engage support from stakeholders who will view the replication effort as a “project” accompanied by clear objectives and strategies and affordable level of resources to sustain the replication effort over time. It will leverage the assets of the sponsoring agencies particularly those assets that attract the captive audience of LCEs and ensure that the system covers the project costs and staff costs of knowledge center LGUs. It will ensure that such learning 34 opportunities will be available in all 17 regions. 93. The project will design the curriculum in partnership with the chosen learning centers and will allow variations in emphasis according to which good practice in the site can most benefit the learner LGUs. The development of materials useful for sharing the good practice may also be tailored for the learning centers. The project will seek partnership and accreditation with the Development Academy of the Philippines (such as what League of Municipalities has with some courses for Mayors) and other institutions for local leadership development such as University of the Philippines, University of Makati and Ateneo de Manila University to make the courses even more attractive to the LCEs and the staff of the LGUs. 94. The replication strategy will combine tested approaches to reach first time LCEs at the municipality, city and provincial levels, create demand from the LCEs and their teams and provide intensive learning opportunities for LGUs who want to mainstream child programming as outlined in MC 2009-170. The goal is to have LCPCs function like CFA awardees and hopefully reaching the lagging LGUs. 95. A consortium among CWC, DILG and the LMP, LCP, LPP, the Galing Pook Foundation, the LGA and Child Rights Organizations will be formed to ensure such learning opportunities will be available in all 17 regions. Leveraging CFA LGU experience into a regional resource for replication is envisioned. The national Hall of Fame awardees can also be learning sites for national level events involving LCEs, other government authorities and lawmakers. 96. The knowledge site for every region can be called “Child Rights Responsive Governance Resource Center” (CGRC) consisting of the network of CFA and Child Rights Responsive Governance awardees. The regional resource centers can be housed at the specific CFA LGU Hall of Famer or the closest to this level. A learning center for PCPC will also be established for provinces who wish to replicate the good practice of PCPC. The regional resource center may be brought under the official auspices of the RSCWC and funded by the combined resources of the government, UN agencies, NGOs working on child rights. A scanning of similar existing resource centres, e.g., Local Governance Resource Centre, Gender and Development (GAD) Resource Centre can determine whether they can be tapped for the purpose. 97. Each regional CGRC will work with the Provincial Councils for the Protection of Children (PCPC) to support MCPC and BCPC. The regional CGRC with the specific support from DILG and CWC, the Leagues of Provinces, Cities and Municipalities and members of the RSCWC would have the following functions: Share good practices with LGUs in their region, facilitate the establishment of LCPC and its functioning, including building LCPC capacity in planning and programming for children; based on the curriculum demands in the region, organize conferences, seminars, and symposia on sharing lessons and best practices related to governance and protection among provincial partners in a region or among regional counterparts; provide guidance on the use of planning, monitoring and evaluation tools related to children’s 35 programming and investment; develop multi-media advocacy packages to supplement those developed for nationwide use by the national project management team. Assume the responsibility for monitoring the LGUs in the region with respect to the programming for children and the work of the LCPC. This implies maintaining a database on child governance issues, policies, services, and best practices that will be accessible to MCPC and BCPC in the region. This will specifically entail the evaluation of LGUs that wish to be evaluated for child rights responsive governance in coordination with the CFA awarding system. Under the auspices of the RSCWC, it can act as secretariat to awards and incentive projects promoting the welfare of children. The full authority for the evaluation and certification especially for the Seal of Functioning LCPC would reside with the RSCWC. Under the auspices of the RSCWC, coordinate the work of the cooperating NGOs and CSOs in mobilizing regional and national resources to facilitate capacity building of MCPC and BCPC by ensuring uniform mobilization strategy and the availability of materials to the partners, as well as in targeting the LGUs to be mobilized. 98. A network of NGOs and CSOs working on the rights of children should be deputized by the DILG and CWC to be part of specific regional resource centers, with their respective staff to be engaged in the work of the CGRU. Agreement can be inked at the national level when the NGO or CSO is national in scope or in specific regions when they are region- specific. At the same meeting with NBOO and the LCPC research team, the Assistant Director also related how DILG is exploring partnerships with NGOs and mapping civil society organizations, and partnering with Church and interfaith groups, for example in the NCR. They look to the NGOs and the UN as organizations which can support the entire infrastructure and make sure that things work better. 99. The supporting agencies to the CGRC will create a project management team at the national level to ensure that support is provided to the different resource centers. The project management team will ensure that proper curricula and training materials are available, that the right people are engaged in the centers, and that there is a work program capable of reaching the goals set by the government. The team will ensure that media exposure of the good practices is continuous and effectively reaching the LCEs. It will adopt the replication strategies already well defined in the DILG, Galing Pook Foundation and others, such as the E-library of good practices, adoption workshops, LGA courses, policy forums and media promotion, among others. 100. A deliberate and systematic peer-to-peer approach is integral to the replication strategy. LGUs should be similarly situated and the practices to be shared should be simple and doable. The learning event should be demand-driven – and by enrolment – with both practitioner-host and replicators willing to commit and enter into a Memorandum of Agreement. Participants to the inception workshops are limited to the LCE and those directly involved in the practice to be replicated (not the entire staff). Workshops are done on-site, and directly engage stakeholders and their roles in the practice. More importantly, work plans are formulated before leaving for home-LGU and the learning exchanges do not end with the workshop. The host LGU mentors 36 and coaches the replicators until the successful completion of the latter’s plans.12 101. A platform developed by the League of Municipalities of the Philippines (LMP) for continuously reaching LCEs should form part of the solution. LMP oriented newly-elected municipal mayors in 2007 (297 mayors) and 2010 (359 mayors) through a program aptly called ‘Orientation for Newly Elected Mayors’ (ONE-M). LMP hopes to conduct ONE-M again in 2013 with the support of the WB, AusAID and CIDA. Each ONE-M features sharing of exemplary practices to newly elected mayors by mayors (peer-to-peer approach) using a strategic management framework. An exemplary practice on child rights and child protection could be featured in the ONE-M module. The shared practices can be listed in a menu of programs that an LCE can take during his/her term. A training module on child rights could earn credits under the LMP-DAP equivalency program which could give mayors a masteral degree in Public Management and Local Governance. Figure 2 Interventions at the Validation Meeting Rommel Martinez Chief, Policy and Programme Office, League of Municipalities expressed full concurrence for the replication of LCPC good practices and pledged the support of the LMP. 102. Moreover, LMP has regular venues for discussing and articulating children’s issues such as its provincial chapter meetings, national directorate meetings, island cluster conferences (LVM), General Assembly, etc. Similar approaches for the Leagues of Cities and Provinces and Barangays must also be explored and leveraged. 103. During the Validation Meeting, the NEDA confirmed the crucial need for capacity-building not only for LCEs but for the LCPC teams as well. The decentralized structure of governance in the Philippines has resulted in difficulties in coordination. While the effectiveness of the LCPC depends largely on the political will of the local officials and commitment of other stakeholders tasked to protect and promote the rights of children, there are also issues regarding capacities and competencies of the LGUs and other stakeholders. In a 2010 UNICEF Situation Analysis on Children and Women, it was reported that the Barangay Council for the Protection of Children (BCPC), even when functional, are not always capable of doing their functions effectively. The Report cited that many BCPC are the first agencies to receive reports of child abuse but are not adequately equipped to handle such cases. 104. Sub-national structures such as the Regional Subcommittee for the Welfare of Children (RSCWC) under the Regional Development Council (RDC) are important for scaling up successful models of intervention for children. Most of them need to develop their capacities for managing inter-agency collaboration. 12 Methodologies for replication of good practices being used by institutions like the DILG, GPF, LGA and the Leagues of LGUs are valuable, instructive and will be employed in the CGRC. 37 ii) Unify, simplify and make the Child Rights Responsive Governance Award a mobilizing incentive that is truly attractive to LGUs. 105. There is a need to revisit and reform the Child Friendly Award to achieve the following: Unify the awards that exist around child rights Make the process of participation less onerous The award becomes more highly coveted More LGUs participate and become winners across the country The Hall of Famers have further rewards to look forward to Other incentives given by the DILG should include, whenever possible, as one of the conditions the seal of functioning LCPC. It should also consider putting weight on winning in the CFA as one measure in the awards for LGUs. 106. The redesign of the Child Friendly Award should explore the following features: a) There should be a unified award system on child rights – The Child Rights Responsive Governance Award could consist of four awards, all Presidential awards, with joint assets and mechanics set up by the GPF and the CWC. The first two awards could be that currently spelt out in the MC 2008-126 and second would be based on the requirements of MCs 2008 and 2009 with the key results of the CFA as central feature. The third award will recognize innovative projects addressing child rights deprivation as already being done by GPF. The fourth award is for outstanding performance as regional center for replication (municipal, city, province level) among CFA winners and Hall of Fame recipients to recognize specific innovation or success in replication. Within the second award, it is envisioned that LGUs at the province, municipality and city levels would be encouraged to provide their own awards to constituent LGUs as part of the mobilization process. b) The awards should be municipal, provincial and national. Except for the national level, which is already defined, each LCE would provide the prize in cash or in-kind (like a day care center as given, for example, by the Misamis Oriental Governor to outstanding LCPC in recent years). This will ensure wider participation. The Mayors can do the same at his/her level for the constituent barangays. c) The invitation for participation in CFAs should be made by the consortium and always with a member of the consortium which has the strongest pull on the LCEs. 38 Box 3K - Highlights from Validation Meeting d) Simplify the documentation requirements and regionalize the process of screening with CGRC’s participation under the auspices of the RSCWC and a screening consortium up to provincial winners. National Screening team will still do the evaluation of the national winners. National winners will include the same four categories of cities and municipalities. Participation of provinces will be invited as well and additional resources for this addition will be made. e) Increase the prizes particularly for lower income municipalities including perhaps by securing endowments from the private sector. f) Engage the media in covering the stories of CFA winners for wider social mobilization. g) The new reference directive should detail the monitoring and assessment mechanics and performance criteria. A good model of the evaluation is that of the Galing Pook Award. Monitoring would be only at the level of towns and municipalities and provinces based largely on concrete results for children obtained by the LGU rather on the process indicators of the current monitoring system. h) Also part of the monitoring and the evaluation for certification is the extent to which constituent LGUs of a higher level LGU are also able to advance in the same results. Only recipients of the Seal of Functioning LCPC can vie for the higher three awards. 107. Work with DILG and other institutions to integrate the LCPC as part of various awards currently being given for good governance The existence of LCPC can be made as a prominent factor like the Seal of Good Housekeeping which earns 5 points and is a precondition to the Pamana Ng Lahi Award and other DILG awards13. The inclusion of the LCPC as part of the scorecard of the monitoring of LGPMS is an important step in some areas visited and should be more widely practiced. 13 The National Economic and Development Authority Director of Social Services Staff expressed both support and reservations about revisiting the CFA: “On the Child Friendly Awards (CFAs), we support the recommendation to revisit the existing tools used to focus on results. We, however, suggest that the current awards under the CFA be retained. The CFA has been an institution built over the years since 1999. Special awards for the municipalities and cities with the most functional LCPC though may be added. This is on the condition that the present NBOO criteria for LCPC functionality are refined as suggested by the discussion paper presented at this Validation Meeting. What must be done at this point is to intensify campaign for the CFA to get wider participation among the LGUs. This has to be done in collaboration with the various Leagues. The LCPC functionality may also be included as one of the criteria for the Seal of Good Housekeeping as suggested by the study.” See Annex 2 39 iii) Redesign the LCPC monitoring system for greater efficiency and improved reporting by and feedback to constituent LCPC/LGUs. Use the same to mobilize lagging LGUs and reward the performing ones. The new system will be included as part of the singular MC on LCPC. 108. While the study suggests that the current process indicators in the MC 2008-170 can Box 3L - Highlights from the Validation Meeting As Undersecretary Panadero stressed at the Validation Meeting, incentives and awards for scaling-up and creating a critical mass of effective LCPC will allow progressing from awards for a select few to recognition of many more highperforming LGUs and LCPC. Linking LCPC more deliberately with Seal of Good Housekeeping, Pamana ng Lahi, Galing Pook Award, and Performance Challenge Fund are immediate examples. still be used for the Seal of Functioning LCPC to create a ladder type of awards, there is a need to revise the modality of assessing LCPC functionality on the ground. The following changes are suggested: The assessment for the Seal of Functioning LCPC will be done by the CGRC under the auspices of the RSCWC with support from consortium agencies, support of the PCPC in assessing municipalities and cities and RSCWC when assessing provinces. When an LGU has not requested for assessment or has not been awarded it implies that the LGU has not reached the standard. The list of LGUs with the Seal of Functioning LCPC will be publicized and will be in the DILG and CWC webpage permanently. Media support will be secured for the public to understand the meaning of the recognition. The Seal will require one result indicator each for two sectors (health and education are candidate sectors) in addition to the functionality indicators in MC 2008 -126. The sectors will choose the result to emphasize and attain nationwide. The sectors will pool resources to finance the prizes for the Seal of Functioning LCPC. 109. During the meeting between NBOO and the research team, the need to review the index or measurement of LCPC functionality and look into the efficacy of the Inter-Agency Monitoring Task Force (IAMTF) were pointed up. There is no clear delineation of responsibilities among the agencies and much of the monitoring is limited to submission and compilation of reports. There are also gaps in the database e.g. in identifying which LGUs have yet to establish LCPC and in ensuring accuracy in reporting. 40 iv) Enact a singular coherent government directive/MC, into which existing relevant corollary directives for LGUs and support sectors can be rationalized and amendments and new provisos added as needed 110. There is a need to revisit the 13 Memorandum Circulars issued by DILG from 1990 to 2010 on promoting good governance and providing guidance on the organization and monitoring of functionality of the LCPC. MCs issued in1990, 1991 and 1994 introduced the task of organizing Local Councils for the Protection of Children (LCPC) and the Revised Guidelines for the Reorganization of Local Sub-committees for the Welfare of Children. Those that followed particularly from 2000 onwards focused on enhancing the functionality of the LCPC as well as establishing the monitoring and rating system for gauging performance of LCPC ( MC 2004-52, MC 2005-07, MC 2008-126, MC 2009-170). Two MCs (2002-122 and 2009-170) were specifically issued to call on LGUs to strengthen their efforts to support implementation of new laws (i.e., ECCD Act/RA 8980; and Juvenile Justice and Welfare Act/RA 9344). The latter legislation also introduced the allocation of 1 percent of the LGU IRA share to support the costs of operations of LCPC. 111. In 2009, DILG issued MC 2009-170 -Mainstreaming Child Rights in the Rationalized Local Planning System (RPS) thereby highlighting the importance of embedding child rights in the policy, planning and investment guidelines of the LGUs. MC 2009-170 encouraged LCEs and Local Development Councils localize the national Child 21 and to mainstream child rights in their Comprehensive Development Plan (CDP) within the framework of the Rationalized Local Planning System. 112. The first proviso called on LCEs to “Strengthen and make functional the Local Council for the Protection of Children (LCPC) as a standing committee of the Local Development Council which shall be responsible for the promotion of the child and youth sectoral concerns.” LCEs should direct LCPC to provide inputs in establishing and maintaining planning databases relative to children and to undertake in-depth analyses of the situation of children. As part of the LDC, the LCPC should participate in setting sectoral goals and identifying appropriate interventions to address issues and concerns pertaining to child rights. 113. The interventions and relevant legislation are to be considered and prioritized with the Sangguniang Bayan as part of the Local Development Investment Programming. LGUs should prepare budgets for LCPC as part of the LGUs Maintenance and Operating Expenses (MOOE) i.e., for supplies, traveling expenses, materials/equipment through a specific ordinance. In line with localizing Agenda 21, the LGUs are called upon to prepare the local investment plan for children, the local code for children and the local state of children report. 114. The memo circular cites the manual “Mainstreaming Child Rights in Local Planning: A Guide to Localizing Child 21” as an essential reference guide and suggests that LGUs seek technical assistance from the Regional Subcommittee for the Welfare of Children (RSCWC) and its partners in the preparation of their CDPs. Their support can help in clarifying the technical tools for child rights programming and LCPC functioning. 41 115. As the LGPMS is increasingly referred to by the LGUs in their selection of priorities and budgetary allocation, spelling out child rights as a distinct cross-sectoral item in the LGPMS must be done. Monitoring of local programmes in the CDP related to Child 21 can benefit from expanding and using Child Friendly Movement indicators and checklists. The manual on localizing Child 21 also mentions the Subaybay Bata Monitoring Framework for monitoring and evaluating the local development plan for children. LCPC can incorporate corporate communitybased monitoring and evaluation as part of their local plan of action. 116. This singular reference directive should be focused on the central directives in MC 2009-170/Mainstreaming Child Rights in the Rationalized Local Planning System (RPS) which highlights the strategic importance of embedding child rights responsiveness in the policy, planning and investment guidelines of the LGUs. 117. MC 2009-170 calls on LGUs to anchor their programs and initiatives for children based on comprehensive development policies and plans that they need to prepare to implement the national Child 21agenda. LGUs are directed to prepare the local investment plan for children, the local code for children, and the local state of children report. It asks LGUs to prepare budgets for LCPC that will be integrated into the LGUs Maintenance and Operating Expenses (MOOE) through a specific ordinance. (See discussion in section below). 118. In sum, combine and rationalize the circulars on child rights and LCPC with the purpose of creating a single reference memorandum circular on child rights programming at the LGU level and on the role of the LCPC in promoting child rights on the ground. 119. Through a consultative, multi-sectoral, multi-level process, the singular reference directive should: Focus on results for children stipulated in the CFA as the main objectives of all the provisos - which include the mainstreaming of children in the CDP and the AIP and the establishment and the functioning of the LCPC. This is the same principle espoused by NEDA in the Philippine Development Plan – incorporating results-orientation in the planning, budgeting, implementation and monitoring and evaluation processes of development. An accompanying document of the PDP 2011-2016 is the Results Matrices consisting of indicators for evaluating results corresponding to strategies, programs and projects. The focus of monitoring and evaluating the progress of the Plan has shifted from inputs and outputs to outcomes and sustainable impacts. The DBM is already applying the approach in coordinating the budget preparation process. Development stakeholders including the LGUs are expected to do the same to refine the accountability framework for results. Define the national structure and reporting lines across all levels and delineate the major roles and responsibilities of the local government units, DILG, DSWD and CWC in sustaining the LCPC. Rethink LCPC implementation under NBOO to correct a possible misalignment given that LCPC function at provincial, city and municipal levels, and not just at the barangay 42 level where the NBOO operates Establish LCPC secretariat and infrastructure (shepherd team) to undertake community organization work to set up LCPC and allow flexible LCPC composition after assessing local capacity e.g., by having NGO as vice-chair. Issue instructions to LGUs beyond “enjoin/encourage” language Task the higher level LCPC to rally their constituent LGUs to establish and ensure the functioning of their LCPC Ensure that sectors at the national level issue clear written instructions to their personnel at the LGU level - whether devolved or not – about their role and functions in the LGU child rights programming and in the LCPC. Clarify the budget provisions. Currently 1 percent of IRA can be used for the work of LCPC – this requires augmentation especially for low IRA LGUs. There are provisions in the CFA that LGUs must spend considerably higher for children. Other options have been tried by enlightened LGUs to identify additional resources for children. These include a mandatory allocation for the protection of children in the Sangguniang Kabataan (SK) budget, also suggested in the Validation Meeting, and other barangay sources, not necessarily for the LCPC per se. Reframe the criteria of functionality currently contained in MC 2008 126 making results central. Redefine the process indicators of functionality to become the first set of accomplishments in the ladder of functionality of LCPC and a bar for getting the Seal of Functioning LCPC. Define clear monitoring and assessment mechanisms – horizontal and vertical – and revise indicators to reflect results-based programming. This means a set of simple tools for assessing, reporting and monitoring to avoid confusion and to reduce the burden on LGUs of too many reporting requirements. LGUs and other LCPC members must be involved in the revision and harmonization, with DILG and CWC taking the lead and working with the Interagency Monitoring Task Force. Side by side with the simplified tools is a comprehensive dissemination and advocacy plan to make the LGUs not only aware of the tools but sensitized about child rights issues and competent to manage and monitor the relevant policies and programs. The roles and responsibilities of the concerned national government agencies, e.g., DILG, DSWD and CWC, and others as well of local Interagency Monitoring Task Forces and areas of collaboration among them in monitoring the functionality of the LCPC should be clear. This clarity of collaboration should cascade to the regional and local levels. 120. The new MC to be issued will spell out the new monitoring system that will be implemented. The new system will be region based following the model of the evaluation of Gawad Galing Pook Award. It will monitor only at the level of towns and municipalities and provinces and will be based largely on concrete results obtained by the LGU on children rather 43 on process documents submitted. Part of the evaluation for certification is the extent to which the LGUs under its constituency are also able to advance the same results. The establishment and evidence of functionality of LCPC will also be factored in. The system will publish the list of LGUs certified for Child Rights Responsive Governance, those who are in process of being evaluated and those who are not. 121. Finally, when there is an opportunity for revising the Local Government Code, include among the LGU responsibilities the protection of the rights of the child and the key role of the LCPC at all LGU levels. This may take some time before it gets to be tabled again in Congress. Most of the LGUs visited as part of the study refer to the Local Government Code for guidance on setting priorities for local administration. 122. It is interesting to note that in a discussion with Dr. Prospero de Vera of the UP NCPAG on the subject of the Local Government Code and the LCPC, the Professor has this to say why the creation of LCPC was not given priority in the Local Government Code compared to other councils and boards like education and health, peace and order councils, SK, etc.: “at the time there was no palpable advocacy initiative from sectoral agencies, LGUs, CSOs and even the UN system for the inclusion of the LCPC in the Local Government Code when it was being formulated. Attention appears to have concentrated on efforts to achieve the MDG goals relevant to children through national programmes. It's only recently that the strategic role of the LGUs and hence the LCPC have been highlighted as a key instrument to achieve numerous goals for children." v) As an integral part of advancing the objectives of MC 2009, develop a purposive advocacy and mobilization plan that will place child rights in the agenda of LCEs and their teams and in public debate at national and local settings, supported by the government and child focused UN and non-government agencies. 123. A necessary element of the roadmap is a broad-based national drive to mobilize the country to support in words, in deed, and in resources, the protection of the rights of children which the Constitution and Philippine ratification of the CRC demand. All sectors at all levels of society must be sensitized to the plight of children and be provoked into action to address the pressing and critical needs and entitlements of children. Grounding LGUs around children’s rights and protection can only happen when Filipino society as a whole and local communities in particular generate enough concern and commitment to prod their local governments to initiate and sustain the interest in LCPC and actions for children. 124. The awareness-raising and advocacy actions recommended below are based on tested strategies from local and global experience in mobilizing around child rights and supported by key child rights stakeholders including child rights organizations: Secure, engage, support and nurture the work of champions who speak out on children’s issues in the country. For example, identify champions in both Senate and Congress to facilitate passage of legislation on child rights. Former mayors, including CFA awardees, 44 now serve in Congress and other agencies that could raise child rights issues in public forums. There are also champions among NGO, CSO, media, and religious leaders. Partner with Leagues of Provinces, Cities, and Municipalities and the media to make child rights promotion and protection part of electoral platforms, e.g., as campaign issues in 2013 senatorial and local elections. Develop a speaker’s bureau or national spokespersons on children’s issues and organize participatory forums and networks. Publicize CHILD 21 – and revive public discussion at national, regional, and local levels. This is particularly important for provoking LCEs and LGUs to “localize” Child 21 in their respective constituencies. Arrange for an annual survey of violence against children in important children’s spaces and report the same to the media and Congress. The pulse-taking of public perception and experience of violence against children can be billed as part of the country’s follow up to the UN Study on Violence against Children and the ASEAN Congress on Violence against Children for increased visibility. It could be the first institutional annual survey undertaken in any country in the world that can be emulated by other countries. An international child rights advocate from the UN and others can guest the annual event. The annual study can be undertaken by research agencies or well known polling agencies like SWS or Pulse Asia. The survey can be made less frequent in the future. Commission the UP School of Economics or PIDS to undertake an annual assessment of children in the government budget, syndicated annually during the budget period. Staunch child rights advocates (individuals and funding institutions) might be willing to support the initiative. Undertake an annual review of the CRC Committee Report - Status of Compliance, in which NGOs on child rights can actively participate. This can be done with Congressional support and media coverage to permit widespread public debate. Engage the support of alternative lawyers groups to take up cases and issues on child rights and propel children’s issues into everyday media for policy and legal agenda. A good number of such lawyers would be needed to take up cases in every significant region or dialect in the country. Explore various forms of an inclusive national program of voices of children and youth. CWC can sponsor surveys among children and youth and project their views to the public. Child protection networks can point out the issues raised by children and youth when asked about their most pressing concerns. Among those frequently mentioned by young people are problems of drug abuse and drug trafficking, street or neighborhood violence, “destructive” behavior because of idle time and inability to go to school, parental neglect or abuse. Young people are increasingly concerned about the “peace and order” situation in their communities, calling for more protection, more public security, even in their day-to-day living. 45 B. The Voices of Children and Youth program can be organized by a network of child rights agencies in coordination with CWC. An electronic form linked with regular media, including social networking platforms for children and youth are keys for heightened visibility. Opportunities in the school system (e.g., student government and school clubs) can be leveraged. Ensure a nationwide debate on issues on child rights among candidates during elections, with young audiences doing pulse rating and child broadcasters preparing questions. A national agenda for children must be manifested by the Voices of Children and Youth program for all candidates to include in their campaign platforms. Local agenda for children can be customized for local elections by children and youth organized for this purpose in their respective localities. Influence programming in drama and entertainment of major television channels to ensure the continuous flow of messages on children’s rights to all stakeholders. A weekly show that presents, reviews, and annotates the issues around children and their rights can provide learning opportunities for child rights duty bearers and will be an important advocacy channel for CWC. Secure significant media partners that are organized to look at results for children – not only publishing problems but reporting solutions. The Bayan/E Patroller and similar groups for the different media giants can be organized together with the child rights E network of CWC to ensure regular reporting of progress or problems to be addressed in the LGUs on children’s issues. With DILG enter into strategic partnerships with NGOs, CSOs, and with Parish Councils and other faith based organizations that have a wealth of experience on LCPC and child rights programming at the LGU level. Immediate next steps 125. Under the banner of shared partnership for child rights, the participants in the Validation Meeting called for concerted action to pursue the recommendations of the study. The CWC secretariat plans to share the findings and recommendations of the study with its Executive Board and working structures. A consortium of agencies particularly those represented at the Validation Meeting, expressed interest in supporting the direction of the recommendations. The agencies that form part of the CWC network can be organized to prepare and oversee the building blocks of the five recommendations and find the resources to implement the actions. The consortium in whatever name it may come to be known is the key structure to pursuing the actions listed in the study. 46 126. To further this review and reform process, DILG and CWC may over the threemonth period after release of this report/roadmap convene consultative meetings (national and regional) with the Liga ng Barangay and with the Leagues of Municipalities, Cities, and Provinces to work out the details of the roadmap for strengthening LCPC nationwide, based on their own insights and experiences. The results of the consultative meetings would then feed into national-level policy discussions among CWC, DILG, and relevant departments involved in mainstreaming child rights in local governance, and in particular in strengthening LCPC. Box 3M - Highlights from the Validation Meeting “The twin aim of mainstreaming child rights in LGU plans and investments and reinvigorating the LCPC across the country is a herculean task. It is only doable through the collective effort of rights bearers. Shared partnership is the singular way forward and I enjoin all of our colleagues defending child rights to join hands to take up this challenge,” Brenda Vigo, CWC Executive Director emphasized at the meeting. 127. The consultations with relevant departments and groups should lead to a strategic planning exercise led by CWC and DILG for strengthening LCPC over the next five years – together with a work plan and budget proposal. An essential part of the strategic plan would be the identification of expertise and financial requirements and the drafting of specific proposals to obtain such support at adequate levels. Related discussions should also be held with relevant members of the Senate and Congress, particularly as these relate to legislative and funding decisions. 128. 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Memorandum Circular No. 2008-126. ________________ (2005). “Guidelines in Monitoring the Functionality of the Local Council for the Protection of Children (LCPC) at all Levels and for other Purposes”. Memorandum Circular No. 2005-122. National Statistics Office (2010). Seven in Ten Filipino Children Age 12-23 Months Received All Basic Vaccinations Before Reaching Age One. Final Results from the 2008 National Demographic and Health Survey Paunlagui, Merlyne M. (2011). “Understanding the Non-organization and Non-functionality of the Local Council for the Protection of Children in the Philippines: Evidence from Selected Local Government Units”. UP Los Banos Capanzana, M. (2008). 7th National Nutritional Survey. Research Institute. http://www.fnri.dost.gov.ph Special Committee for the Protection of Children (2006). “Protecting Filipino Children from Abuse, Exploitation and Violence: A Comprehensive Programme on Child Protection, 20062010 Building a Protective and Caring Environment for Filipino Children”. Department of Justice, Padre Faura, Manila. December. UNICEF (2005). “BCPC that Work; Documentation of Experience with BCPC (Barangay Councils for the Protection of Children in Selected Barangays in CPC 5 Provinces and Cities” UNICEF (2006). “Child Protection Information Sheets” Yacat, J. A. (2010). “Child Protection in the Philippines: A Situational Analysis”. Save the Children Child Protection Initiative in Southeast Asia and the Pacific. Zamar, J. (2009). Orientation on the Barangay Council for the Protection of Children: A Manual for the Orientation Team. Council for the Welfare of Children. 48 Annexes Annex 1 – Presidential Award for Child Friendly Municipalities and Cities NATIONAL AND HALL OF FAME AWARDEES YEAR 1999 2000 2001 2002 2003 2006 CATEGORY NAME OF LGU 1ST – 3RD Class Municipality M’lang, North Cotabato 4th – 6th Class Municipality Irosin, Sorsogon Component City (CC) Dipolog City Highly Urbanized City (HUC) Davao City 1ST – 3RD Class Municipality Alicia, Isabela 4th – 6th Class Municipality Irosin, Sorsogon Component City (CC) Bago City Highly Urbanized City (HUC) Davao City 1ST – 3RD Class Municipality Alicia, Isabela 4th – 6th Class Municipality Dumingag, Zamboanga del Sur Component City (CC) Tuguegarao City Highly Urbanized City (HUC) Olongapo City 1ST – 3RD Class Municipality Alicia, Isabela (Hall of Fame) 4th – 6th Class Municipality Dumingag, Zamboanga del Sur Component City (CC) Tuguegarao City Highly Urbanized City (HUC) Olongapo City 1ST – 3RD Class Municipality Maitum, Sarangani 4th – 6th Class Municipality Component City (CC) Dumingag, Zamboanga del Sur (Hall of Fame) Tuguegarao City (Hall of Fame) Highly Urbanized City (HUC) Olongapo City 1ST – 3RD Class Municipality Jordan, Guimaras 4th – 6th Class Municipality New Lucena, Iloilo HUC and ICC Naga City 49 2008 2009 2011 1ST – 3RD Class Municipality San Mateo, Isabela 4th – 6th Class Municipality New Lucena, Iloilo Component City (CC) Vigan City Independent Component City Naga City Highly Urbanized City (HUC) Makati City 1ST – 3RD Class Municipality San Mateo, Isabela 4th – 6th Class Municipality New Lucena, Iloilo (Hall of Fame) Component City (CC) Vigan City Independent Component City Naga City (Hall of Fame) Highly Urbanized City (HUC) Olongapo City 1ST – 3RD Class Municipality Villaverde, Nueva Vizcaya 4th – 6th Class Municipality Mariveles, Bataan Component City (CC) Vigan City (Hall of Fame) Independent Component City Santiago City Highly Urbanized City (HUC) Mandaluyong City TOTAL - 38 50 Annex 2 – LGU Performance Awards DILG places significant emphasis on promoting transparency, accountability and good governance through awards and incentives to deserving LGUs. It will be noted, however, that although DILG refers to LCPC functionality as an important dimension in nurturing good governance, the LCPC status has not been considered a criterion in awards and incentives. At present, there are three distinct Awards and/or incentive programmes that underscore the importance of good governance in LGUs: the joint initiative Galing Pook Award, DILG’s Gawad Pamana ng Lahi, and the Performance Challenge Fund award. The Galing Pook Award began in 1993 and is a joint initiative of the Local Government Academy-DILG, Ford Foundation and other advocates of good governance from the academe, civil society and the government. The award was previously managed by the AIM until 2000, after which the Galing Pook Foundation was formally established to sustain the awards programme. It is a Presidential Award, the most recognized and respected on good governance. The award proactively searches, identifies and recognizes innovation and excellence in good governance, mobilization/participation and empowerment, emphasizes replication, transferability and sustainability of innovations and encourages partnership of LGUs with civil society organizations, the private sector and government agencies at the local and global levels. The award promotes winning programmes as models of good governance for adoption and or adaptation in other LGUs. Since its inception, the Galing Pook Award has been given to at least 230 programmes of 152 local governments throughout the country. Moreover, the Award has worked with 81 provinces, 110 cities and 1,505 municipalities. Three points of interest characterize the Award: 1) CSOs/NGOs operating in local government areas can participate - participation not limited to government agencies.; 2) the Award is backed by a solid support of public advocacy, audio-visual capacity, an e-library that houses its knowledge products (i.e. replication kits/trainers manuals/workshops/ electronic copies of exemplary/innovative practices in good governance, etc; and 3) Galing Pook Foundation is a member of the Global Public Innovation Network, a collaboration of 10 public policy awards programme. Although Galing Pook has not used functionality of LCPC as a criterion, it appears that it cited some municipalities in 2001 for ‘Child-friendly governance’ and identified exemplary governance practices in 2006 on Promoting Gender and Child Rights. DILG’s Gawad Pamana ng Lahi will highlight exemplary performance in local governance. Introduced only in 2011 through MC 2011-113, its first national award will begin this year. It will be conferred to an LGU (province, city or municipality) based on exemplary performance in administrative governance, social governance, economic governance and environmental governance. Awardees will come from regional and national levels, each with its own award committee (DILG regional director/line agencies/CSOs/NGOs/private sector at the Regional Level and DILG Secretary /line agency Secretaries, etc at national level). The basic criteria will include:1) Local Government Performance Monitoring System(LGPMS) Overall Performance Index(OPI) – representing 80 points score; 2) Seal of Good Housekeeping(SGH) 10 points; 3) Innovation(s)-5 points and 4) awards/distinctions received from respectable external institutions. 51 Note: the LGPMS is an electronic system designed to monitor performance of LGUs using indicators of all aspects of governance (i.e. economic, social, administrative, and environmental). Indicators will include status of organization of local councils and boards, like School Board or LCPC to assess social governance; Seal of Good Housekeeping given to LGUs with good data on management and finance. The LGPMS is filled up by LGUs and rated at the HQ level but will be subjected to compulsory validation once LGU signals interest to participate in the Gawad Lahi Award. It is not clear whether this will be a Presidential Award, but it will give out 5 million pesos award to 5 national winners each year and 150,000 each for three regional winners. The DILG has also established a Performance Challenge Fund (PCF) to serve as an incentive to qualified LGUs to align their local development projects with the MDGs, tourism and local economic development, the objectives of the Philippine Disaster Risk Reduction and Management Act of 2010 and the Ecological Waste Management Act of 2000. The PCF shall recognize LGUs exhibiting good performance in internal housekeeping particularly in the areas of planning, fiscal management transparency, accountability and performance management. (Note: only LGUs that passed the good housekeeping and conferred with the seal of good housekeeping (SGH) are qualified for the incentive. Priority will be given to less able LGUs (4th to 6th class municipalities and 4th to 5th class cities and provinces. The PCF funds are effectively matching funds of the National Government to investment funds of eligible LGUs for projects on a 50-50 sharing basis. The maximum PCF subsidy will be as follows: 1) province-7 million, 2) city-3 million 3) municipality- 1 million. The operating guidelines are spelt out in DILG MC 2011-62. . 52 Annex 3 - FGD Guide Questionnaire FGD Guide/Gabay sa FGD Unang bahagi: Warm-up at pagpapaliwanag 1. Pambungad Ako si __________ mula sa Alcanz, isang consulting firm na nagsasagawa ng mga pag-aaral at mga proyekto sa Pilipinas at ibang bansa. Pagpapakilala ng mga respondents: Pangalan, ahensya o organisasyon, panguri na maglalarawan sa iyong personalidad o pagkatao. Gamitin ang unang letra ng inyong pangalan sa pagsasalarawan ng iyong sarili. Halimbawa: Ako si Panggoy. Ang unang letra ng aking pangalan ay P bilang “pogi”. Maraming salamat sa inyong pagdalo Ang inyong pagdalo at pagbibigay ng oras ay mahalaga upang intindihin ang pamamalakad ng mga LCPC. Tayo ay magsasagawa ng talakayan. Pag-uusapan natin ang inyong damdamin, pananaw/pagtingin, karanasan at kuro-kuro tungkol sa inyong organisasyon. 2. Layunin: Malaman ang inyong karanasan sa pagbuo at pagpapatakbo ng inyong organisasyon. 3. Proseso May mga itatanong ako sa inyo at ito naman ay sasagutin n’yo Ang lahat ng inyong opinyon o kuro-kuro ay confidential at iingatan Walang tama o maling sagot. Nais naming malaman ang inyong opinyon, damdamin, karanasan at paniniwala Minsan, ang mga sagot na binibigay ng mga kasama sa talakayan ay yung palagay nilang magpapasaya sa nagtatanong. Inuulit ko po. Ibig naming malaman ang inyong opinion, pananaw, damdamin o kuru-kuro. Tinitiyak namin na ang inyong mga sagot ay ‘di makakaapekto sa amin. Di po kami mapo-promote o mawawaln ng trabaho dahil sa resulta n gating pag-uusap. Ito po ay isang malayang talakayan ng grupo. ‘Di ko na kinakailangan na tawagin pa kayo para lamang sumagot o magsalita Maaari lang sana na paisa-isa ang pagsagot o pagsasalita upang malinaw itong makuha ng tape recorder May mga katanungan pa ba kayo bago tayo magsimula? Ikalawang bahagi: Top of mind association Ano ang una n’yong naiisip kapag naririnig n’yo ang salitang bata? Ano ang inyong gusto o nagustuhan sa mga bata sa inyong siyudad/munisipalidad/barangay? 53 Ano naman ang inyong ‘di gusto o ‘di nagustuhan? Ikatlong bahagi: Pagtingin/Opinyon ukol sa LCPC Sa mga di nag-organisa ng LCPC Ano ang katangian o character na hinahanap n’yo sa isang organisasyon? Anu-ano bang mga kadahilanan para kayo ay mahikayat na magtayo o sumali sa isang organisasyong pang syudad/munisipalidad o barangay? Sa inyong lugar, ano sa palagay ninyo ang mga dahilan kung bakit di nakapagorganisa ng LCPC? May natanggap ba kayong circular tungkol sa LCPC? Anong nangyari pagkatapos matanggap ang circular? Anong sinabi ni Mayor? Ano ang ginawa niya? Sino ang naatasang magbuo ng LCPC? Anong ginawa niya? Ano pa kaya ang mga dahilan kung bakit di nakapag-organisa ng LCPC sa inyong lugar? Ano sa palagay nyo ang mga kailangang gawin upang mabuo ang LCPC sa inyong lugar? Ano sa palagay nyo ang kakailanganing suporta upang mabuo ang LCPC? Sa mga nag-organisa ng LCPC Sa palagay ninyo, bakit naorganisa ang LCPC sa inyong lugar? (Probe about SP/SB/SL resolution, first meeting) Paano na-organisa ang inyong LCPC? Saan nakapaloob ang LCPC sa struktura ng probinsya/munisipyo/syudad/barangay? Sino namuno sa pag-organisa? Paano napili ang mga kasapi ng LCPC? Sa inyong karanasan, sino pa ang pwedeng makatulong sa inyong gawain sa LCPC? Paano natin sila gagawing kasapi? Paano mapapanatili ang mga magagaling na kasapi ng LCPC kahit na magpalit ng Mayor? Narinig na ba ninyo ang iba’t ibang antas ng bawat LCPC? (Basic, progressing, Nonreporting, ideal and mature). Sa pagkaalam ninyo, anong antas na ang inyong naabot? Sa palagay ninyo bakit ganung antas ang naibigay sa LCPC ninyo? Ito ba ay tumaas o bumaba mula ng nakaraang taon? Ano sa palagay ninyo bakit tumaas/bumaba ang inyong antas? Anu-ano ang nakatulong? Ano ang di-nakatulong? Ano ang mga mungkahi ninyo upang higit na mapaunlad ang inyong LCPC? 54 Meetings Gaano kadalas mag miting ang LCPC? Ano ang palagay ninyo sa pag takbo ng inyong mitin? Ano ang mga karaniwang pinag-uusapan ninyo sa miting? Pagpaplano Anu-ano na ang mga proyekto at aktibidad na naisagawa ng inyong LCPC? Note: Probe if activities/plans are: Sectoral agencies’ work plan Advocacy Legislation/policies Mobilization Other child protection concerns not currently responded to (drop outs, trafficking, drugs, bullying, etc) Monitoring included as an activity in the WFP Paano napili itong mga proyekto/aktibidad na inyong ginawa? Mayroon pa ba kayong nakikitang pangangailangan ng mga kabataan na wala sa inyong kasalukuyang programa? Anu-ano ang mga ito? Sino ang namili nitong mga proyekto/aktibidad? Sa pagpili ng mga proyekto/aktibidad, may partisipasyon ba ang: Mayor NGOs/civil society/religious Mga magulang Mga kabataan Iba pa. Ano ang naging kanilang partisipasyon? Ano ang palagay ninyo sa kanilang naging partisipasyon? Sino o ano pang mga organisasyon ang palagay pa ninyong dapat sumali sa pagpapalano? Ano ang inyong mga mungkahi upang mas mapabuti pa ang sistema ng pagplano ng mga gawain ng LCPC? Pagsasagawa ng Plano Paano ang proseso ng pagpipili ng mga nagsasagawa ng plano? Maliban sa mga kasapi ng LCPC, may iba pa bang tumutulong sa pagsasagawa ng 55 plano? Sa palagay ninyo, ano ang mga bagay-bagay na nakatulong sa tagumpay ng pagsasagawa ng mga plano/aktibidad? Ano ang naging epekto ng proyektong ito sa kalagayan ng mga bata/kabataan sa inyong lugar? Ano naman ang mga naging hadlang/balakid sa tagumpay na pagsasagawa ng inyong mga plano? Ano ang inyong mga mungkahi upang maging mas matagumpay ang pagsasagawa ng inyong mga plano? Monitoring at Evaluation Sinu-sino ang naatasang mag-monitor sa mga gawain ng inyong LCPC? Lokal, rehional o national na antas? Paano kaya mino-monitor? Sino ang gumagawa nito? Nagbabalik aral ba kayo pagkatapos ng bawat plano o aktibidad? Anu-ano ang inyong nilalagom? Sinu-sino ang kasali sa paglalagom? Ano ang naging partisipasyon ng mga magulang, kabataan at iba pang sector ng inyong lugar sa M&E? Nakatulong ba ang M&E sa gawain ng LCPC? Sa anong paraan nakatulong ang M&E sa gawain ninyo? For PCPC/CCPC/MCPC: Sa paanong paraan kayo nakikipag-ugnayan sa mga lower level LCPC? Paano kayo tumutulong sa kanilang gawain? Nung nakaraan, anu-ano ang nakita ninyong tulong na kailangan nila? Ano ang pwedeng magtulak sa mga LCPC para pagbutihin lalo ang kanilang mga gawin? (Awards?) Ano ang inyong mga mungkahi upang maging mas makabuluhan ang kasalukuyang sistema ng M&E? Pagsasara ng FGD: Bago tayo magtapos, may nais pa ba kayong sabihin/ipahayag? Mayroon bang mga dagdag na kuro-kuro o opinyon na nakalimutan n’yong sabihin/ipahayag? Balikan muli ang pattern, napagkasunduan/napagkaisahan at tunggaliang sumulpot. Muli, maraming salamat sa inyong pagdalo. Ang inyong oras na inilaan ay lubos naming pinasasalamatan at ang inyong mga pahayag ay lubos na makakatulong sa research na ito 56 Annex 4 - Laws and Memorandum Circulars Related to Child Rights and LCPC Legal and Policy Framework on Child Protection Laws Provision Republic Act No. 386, 1949 - Civil Code of the Philippines Article 359 provides that the government shall establish councils for the protection of children which shall look after the welfare of children in the municipality. Among others, the functions of the Council include fostering the education of every child in the municipality, encourage the cultivation of the duties of the parents; protect and assist abandoned or mistreated children, and orphans; and coordinate the activities of organizations devoted to the welfare of children and secure their cooperation. Republic Act No. 4881, 1967 Created the Council for the Protection of Children (CPCP) in every city and municipality of the Philippines shall supervise and act as guardian for the health, education and well-being of all the minors within the city or municipality Presidential Decree No. 603, 1974 - Child and Youth Welfare Code Covers those who are below twenty-one years of age except those emancipated in accordance with law. Article 87 encourages every barangay council to organize a local Council for the Protection of Children that shall coordinate with the Council for the Welfare of Children and Youth in drawing and implementing plans for the promotion of child and youth welfare. Also created the Council for the Welfare of Children (CWC), the central coordinating agency of the Philippine government for children's protection, welfare and development. CWC is responsible in coordinating and monitoring the implementation of all laws and programs for children as well as in ensuring that these are implemented within the context of the Code and the Philippine Plan of Action for Children. Republic Act No. 7610 (1992) - Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act 57 Laws Provision Department of Justice and Department of Social Welfare and Development in coordination with other government and private agencies were tasked to formulate a comprehensive plan to protect children against child prostitution and other sexual abuses; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger survival and normal development. RA 8980 (2000) - Early Childhood Care and Development Act Section 8d states that the Barangay Council for the Protection of Children (BCPC), created under Presidential Decree 603, shall also function as the Barangay ECCD Coordinating Committee. The BCPC shall be responsible for the proper and effective implementation of public ECCD programs and maintenance of database system at the barangay level. Pursuant to this, all barangays shall organize BCPC in their respective areas. Republic Act No. 9344 (2006) Juvenile Justice and Welfare Act Establishes a comprehensive juvenile justice and welfare system and creates the Juvenile Justice and Welfare Council under the Department of Justice Section 15 states that the Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established, they shall be strengthened within one (1) year from the effectivity of this Act. The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention, and to oversee its proper implementation. The Department of Interior and Local Government (DILG) which is mandated to monitor and evaluate the functionality of the local council for the protection of children had issued several memorandum circulars since 1990. The most relevant of which are listed in Table 2. The most recent issuance is MC No. 2008-126 in addition to providing LGUs and other concerned entities with guidelines and evaluation tool in assessing the functionality of the LCPC has created an Inter-Agency Monitoring Task Force (IMTF) from the regional down to provincial, city and municipal levels. 58 Memorandum Circulars Issuances of the DILG related to the Council for the Protection of Children. Memorandum Circular (MC) Title MC 94-14 Adoption of the Implementing Guidelines of Memorandum Order 39 and the Revised Guidelines on the Reorganization of Local Sub-Committees for the Welfare of Children MC 2002-121 Revised Guidelines on the organization and strengthening of the LCPC incorporating thereat ECCD Coordinating Committee at the provincial, city, municipal and barangay levels. MC 2004-52 Creation of a sub-committee of the Barangay Council for the Protection of Children (BCPC) to be called as Sub-Committee on Bright Child (SCBC) in every barangay MC 2005-07 Guidelines in monitoring the functionality of the LCPC at all levels MC 2008-126 Revised Guidelines in monitoring the functionality of the LCPC at all levels MC 2009-100 Enjoining Local Officials to Support and Participate in the Conduct of the Barangay Human Rights Program: Accessing Justice to a Gender Responsive and Child Friendly Barangay Justice System MC 2009-109 Guidelines in Monitoring the Functionality of Barangay Development Councils MC 2009-124 Model Ordinances to Implement the Intervention and Diversion Program Pursuant to RA9344 MC 2009-170 Mainstreaming Child Rights in the Rationalized Local Planning System (RPS) MC 2010-122 Guideposts in Promoting and Sustaining Barangay Good Governance Source: Zamar, J. 2009. 59 Annex 5 – Summary of Experts Group Meeting EXPERTS MEETING: Going beyond ‘accidental successes’ On February 1, 2012, CWC and the study team met with a small group of experts to learn from their experience with LCPC and to get their insights about ways to strengthen LCPC effectiveness in light of the proposed study. In summary, the participants identified the following issues affecting LCPC effectiveness: 1. There is a lack of understanding about what the LCPC is for and why it is organized. It is viewed as “encouraged” not “mandated” because directives only “enjoin” compliance 2. The link between the LGU and the LCPC is weak, when it should be this link that pushes the LCPC to function and be sustained 3. LGUs complain of having no budget and having multiple barangay committees with too much to do, leading to confusion about what to prioritize 4. There is no “follow-through” after orientation has been given 5. There is no baseline information, which is critical for mobilization. Pertinent issues that the baseline information would show are not addressed– e.g., drugs, violence. Without the information, no consensus is reached. 6. Changes in leadership (election periods) affects functionality The group agreed that important areas to explore to strengthen LCPC include: 1. How to systematically find or create champions Identify people in LGU who are constantly present with full understanding of the LCPC: may be e.g., planning officer, budget officer Social worker as anchor at the local level 2. Mapping out the major national ‘players’ / leaders / forces that can be tapped to push for LCPC How to be functional even without the NGOs 3. Inter-agency work, delineation of roles and responsibilities, link with “good governance” Strengthening civil servants; LGA training on policy for children Convince politicians that focus on children is good politics, child-focused agenda as election platform Legitimize leadership from CSO, and increase public-private partnership 60 4. Community organizing, not just “memorandizing” Rallying point for an active community – the parish council, senior citizens, the social worker as a community organizers Parenting as focus Youth participation 5. How to reach down to the ground level. What tools? Systematic awareness raising, finding spokespersons Using the media effectively Link to different awards – Child Friendly Award, Seal of Good Housekeeping Partner with League of Cities and Municipalities 6. Update our thinking Create guidelines of what can be integrated (content-wise) with the LCPC Re-assess what issues need to be addressed Re-assess what they can and cannot do (even with the funds and training) Think of the LCPC in the context of children as citizens: urban constituents with rights BCPC as part of the entire LGU structure for good governance Push for results-based planning 7. How to mobilize resources Mainstreaming the budget Tap Sangguniang Kabataan (SK) and Gender and Development (GAD) The study team agreed with the group that this study and the resulting report should be a compelling call to action, should generate debate, and should be reader-friendly for wide dissemination and use. 61 Annex 6 – CWC Board Resolution No. 3 Series of 2012 62 Annex 7 – Summary of CWC Executive Board Meeting Relevant to LCPC 63 The Alcanz Consult Research Team Cecilio Adorna, Team Leader Richard Prado, Victoria Rialp Rosemary Husin Jose Victor Peñaranda Merlyne Paunlagui Luzeta Adorna Research and operations support provided by Beatriz Lara Rialp, Karla Teresa Tulio, and Norma Tulio Alcanz Consulting Group Inc. alcanzconsult@gmail.com 64