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Republic Act No. 10821:: "Children's Emergency Relief & Protection Act"

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Republic Act No.

10821:
“Children’s Emergency Relief & Protection Act”
OBJECTIVES

• To understand the Rights of Children


• To Introduce RA10821 and its Salient
Points
• To Introduce Comprehensive
Emergency Program for Children
(CEPC) and its Components

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 2
UNPACKING R.A. 10821:
“Children’s Emergency Relief & Protection Act”
Child Protection in Emergencies (CPIE)

What happens to children during


disasters and emergencies?

RA 10821: Children’s Emergency Relief and Protection Act 6


Situation of Children During Emergencies

 41 – 60 percent of the total disaster-affected population are


children.
 During disasters and emergency situations, children are most
vulnerable as they are at higher risk to disease, abuse and
exploitation.
 School closures and interrupted education
 lack of spaces for play
 lack of security
 lack of social interaction with friends
 psychological effects of experiencing a disaster
 high risk of trafficking and abuse
RA 10821: Children’s Emergency Relief and Protection Act 7
CPIE Law in the Philippines

Why is there a need for a law on


protecting children in disasters and
emergencies? Are there not enough
laws already?

RA 10821: Children’s Emergency Relief and Protection Act 8


RA 10821
 Children’s Emergency Relief and Protection Act (RA 10821)
aims to provide children with comprehensive relief and
protection in the aftermath of disasters and other emergency
situations.

 It establishes a strategic program of action wherein the


government can immediately respond to the needs of children,
protect their rights and facilitate rehabilitation

RA 10821: Children’s Emergency Relief and Protection Act 9


Scope of the Law

What is the Scope of RA 10821?

RA 10821: Children’s Emergency Relief and Protection Act 10


RA 10821
 RA 10821 shall apply immediately upon declaration of a national or
local state of calamity or occurrence of any other emergency
situation and the provisions of which shall extend to all children –
including children with special needs and or children with disability,
pregnant women and lactating mothers.
 1. Child – refers to a person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition.
 2. Child with special needs – refers to a child with developmental or
physical disability.

RA 10821: Children’s Emergency Relief and Protection Act 11


Salient Features and Key Mandates

What are the salient features of RA


10821?

RA 10821: Children’s Emergency Relief and Protection Act 12


R.A. 10821 Salient Points

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 13
“Children’s Emergency Relief & Protection Act””

Salient Points: C-H-I-L-D-R-


E-N
• Comprehensive emergency
program to be formulated
by DSWD & other
agencies/NGOs 

• Heightened measures to
prevent and detect child
labor and child trafficking;
 
RA 10821: Children’s Emergency Relief and Protection Act 14
“Children’s Emergency Relief & Protection Act””

• Increase child involvement in


DRR planning & post-disaster
needs assessment;

• Limited use of schools as


evacuation centers and
monitoring of temporary
learning spaces;
 
• Disaggregated data collection
that identifies children

RA 10821: Children’s Emergency Relief and Protection Act 15


“Children’s Emergency Relief & Protection Act””

• Restoration of civil registry


documents
• Enhanced services for
unaccompanied or
separated children
• Nation-wide training of
responders on child
protection & psycho-social
intervention

RA 10821: Children’s Emergency Relief and Protection Act 16


“Children’s Emergency Relief & Protection Act””
Mandates

• Budget allocation
• Added pregnant / lactating
women, children w/ disabilities
• Tasked LGUs to adopt and
implement CEPC
• Accountability Mechanisms
(monitoring & reporting)

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 17
How will RA 10821 be put to
action?

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 18
Comprehensive Emergency
Program for Children
(CEPC)

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 19
The CEPC
❑ The Comprehensive Emergency Program for Children (CEPC) is
the Philippines’ guiding document in handling disaster and
emergency situations brought about by natural and human-induced
elements with the aim of protecting children, pregnant and lactating
women, and of supporting their immediate recovery from the effects
of such disaster or emergency.
❑ It envisions that all children are protected from violence, abuse,
neglect and exploitation during disaster events, and other emergency
situations.
❑ It is to be implemented immediately after the declaration of a national
or local state of calamity or occurrence of any other emergency
situation.
❑ Takes into consideration Gender-sensitivity and Humanitarian
standards on child protection

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 20
The CEPC Components
Components Outcomes
Establishment of Safe, inclusive and child-friendly, gender
Evacuation Centers
sensitive and responsive evacuation
center established
Establishment of Transitional Shelters prioritizing
Transitional Shelter
for orphaned, vulnerable and marginalize groups such
separated & as orphaned, separated,
unaccompanied unaccompanied children, pregnant and
children
lactating women established
Delivery of Basic Basic and services required by affected
Social Services
children ensured and delivered
Safety and security Safety and security of children is
of affected children
established
Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 21
The CEPC Components
Components Outcomes
Delivery of Health, Heath, medical and nutritional needs of
Medical and
Nutrition Services children, pregnant and lactating women in
areas under state of calamity provided
Education Educational services for children
immediately promptly resumed after the
disaster
Child-Friendly Child-friendly spaces for the child
Spaces
protection, resilience against harmful effect
of disaster, calamities and other emergencies
ensured and built.
Promotion of Children’s right uphold and promoted
Children’s Rights

Coaches Training on QAS and CEPC | Mindanao Cluster October 07-10, 2019 22
CEPC Framework

23
(1) Evacuation Centers

Who will establish Evacuation


Centers?

RA 10821: Children’s Emergency Relief and Protection 24


Act
Evacuation Centers
The provisions of the RA 10821 require the Local
Government Units (LGU) to establish and identify
safe locations as evacuation centers for children and
families.
These evacuation centers are expected to comply with
generally accepted standards and should take into
account specific needs of children, including children
with special needs, pregnant women and lactating
mothers.

RA 10821: Children’s Emergency Relief and Protection Act 25


Schools as Evacuation Centers

In the Philippines, it has been a common


practice to use schools as evacuation
centers in the event of disasters and
emergencies.
Does RA 10821 contain provisions on
using schools as evacuation centers?

RA 10821: Children’s Emergency Relief and Protection Act 26


Limited Use of Schools as
Evacuation Centers
 One of the lessons learned from the Typhoon Yolanda experience was the
negative effects of prolonged use of schools for purposes of sheltering
the affected population.
 Using schools as evacuation centers has significant effects and impacts
on children’s education and their overall well-being since it results in:
 disruption of regular class schedules;
 students and teachers missing significant class days;
 damage and/or loss of school property and facilities;
 poor student performance;
 increased drop-out rates, and;
 school children being exposed to a myriad of threats and exploitation

RA 10821: Children’s Emergency Relief and Protection Act 27


Schools as Evacuation Centers

When can a school be used as an


evacuation center?

What does “limited use” actually mean?

RA 10821: Children’s Emergency Relief and Protection Act 28


School as Evacuation Center
 RA 10821 specifies that “only in cases where there is no other
available place or structure which can be used as a general
evacuation center” that a school or child development center be
used as an evacuation center.
 Evacuation - is the process of moving or transferring people
from hazard threatened or stricken areas to a safe place or places.
 There are two types of evacuation: (1) Precautionary, that is
done prior to impact; and (2) Post Impact, which involves the
movement of victims from hazard-stricken areas into safer
surrounding conditions.

RA 10821: Children’s Emergency Relief and Protection Act 29


School as Evacuation Center
 School Evacuation Center - it is a temporary shelter where survivors in
emergencies can take refuge. It is a venue where evacuees can be helped in
coordination with concerned government and non-government agencies in
their basic needs.
 DepEd officials may allow the use of the schools as an evacuation center
when there is no other safer place where the students/pupils can be
accommodated.
 People from the community may be allowed to use the schools as a
temporary holding center.
 In case the school is used as an evacuation center, DepEd officials and
personnel shall be responsible for the preservation of school facilities and
properties for the duration the school is being occupied by evacuees, so
that after the emergency period the school can resume operation as soon as
possible.

RA 10821: Children’s Emergency Relief and Protection Act 30


School as Last Resort for E.C.
 RA 10821 stipulates that whenever a school or child
development center is utilized as an evacuation center, open
spaces not used for instructional purposes such as gymnasiums,
learning and activity centers, auditoriums and other open spaces
shall be utilized first – and classrooms shall only be used as last
resort.

 Aside from RA 10821, the Guidelines on Evacuation Center


Coordination and Management as embodied in Joint
Memorandum Circular (JMC) No. 1 Series of 2013 issued by
DSWD, DepEd, DILG and DOH also mandates the limited use
of schools as evacuation centers

RA 10821: Children’s Emergency Relief and Protection Act 31


JMC No. 1 Series of 2013
(1) All schools, sports arenas/basketball courts, stadiums, multi-purpose halls,
churches, and other open spaces can be identified and used as sites for
setting-up evacuation centers;
(2) Alternative temporary shelters shall be established or explored for the
evacuees or displaced population. In the event the evacuees are already
housed in schools, they shall be transferred to alternative shelters such as
tents, bunkhouses and other temporary shelters, and;
(3) Schools shall not be the primary choice and option for evacuation centers.
However, in events that schools needs to be utilized, the local government
units, with the support from national government agencies shall establish
transitional shelters to house the evacuees for an extended period of time.
Usage of schools should be up to 3 days for short term displacement,
medium and long term displacement which is up to 15 days or until such time
that the respective LGUs are able to establish the alternative transitional sites.

RA 10821: Children’s Emergency Relief and Protection Act 32


(2) Orphaned, Unaccompanied and Separated
Children

How about orphaned, unaccompanied


and separated children?
What specific steps will be taken to ensure
their safety and protection?

RA 10821: Children’s Emergency Relief and Protection Act 33


Rapid FTR
 Family Tracing and Reunification (FTR) to address the needs of
orphaned, unaccompanied and separated children.

 In cases when children’s families or relatives cannot be found or are


assessed to be incapable of providing proper care and protection,
special measures shall apply.
 These include being placed in a licensed or accredited residential
care facility or with a foster family or a community-based center.
 A registered social worker shall provide the needed case
management and intervention during these cases.

RA 10821: Children’s Emergency Relief and Protection Act 34


Article 140 of PD 603
Article 140 of PD 603: Child and Youth Welfare Code:

State Aid in Case of Public Calamity. – “In case of earthquake,


flood, storm, conflagration, epidemic, or other calamity, the State
shall give special assistance to children whenever necessary. The
Department of Social Welfare shall take immediate custody of
dependent children and give temporary shelter to orphaned or
displaced children (who are separated from their parents or
guardian”)

RA 10821: Children’s Emergency Relief and Protection Act 35


Delivery of Basic Social Services (including
health, medical and nutrition services)

Will there be assistance / help for affected


children and their families?

RA 10821: Children’s Emergency Relief and Protection Act 36


(3) Delivery of Basic Necessities and Services

 Basic health services, food, water, nutrition, medicines,


clothing, sanitary and hygiene kits
 Other emergency needs such as blankets, mosquito nets,
cooking ware and fuel, and flashlights will be made
available to affected children in different stages of
development.
 Specific health and nutrition needs of pregnant women,
lactating mothers, newborn babies, children under five (5)
years old and children with special needs will be prioritized.

RA 10821: Children’s Emergency Relief and Protection Act 37


(4&5) Delivery of Basic Necessities and
Services
 In areas declared under a state of calamity, health, medical and
nutritional needs, including psychosocial interventions for children
in different stages of development will be made available by the
Department of Health (DOH) in coordination with DSWD, LGUs and
CSOs in the locality.
 To ensure children’s safety and well-being and to effectively respond
to their particular needs, concerned LGUs are required by law to set-
up Child-Friendly Spaces (CFS) in accordance to the guidelines and
specifications by DSWD.
 The CFS facility shall be made available throughout the duration of
the disaster or from emergency to recovery.

RA 10821: Children’s Emergency Relief and Protection Act 38


Delivery of Basic Necessities and
Services

 In case the affected LGU cannot immediately respond because of


the huge impact and devastation brought about by the disaster,
the DSWD at the national level together with concerned national
government agencies, CSOs and other stakeholders, as well as
nearby LGUs able to respond shall provide the necessary child
care services and social protection of affected children.

RA 10821: Children’s Emergency Relief and Protection Act 39


(6) Safety and Security of Children

What steps will be taken to ensure the


protection of children?

RA 10821: Children’s Emergency Relief and Protection Act 40


Threats of exploitation, abuse, and
neglect
 Through the CEPC, it is mandated that law enforcement agencies
particularly the Philippine National Police (PNP) and the Armed
Forces of the Philippines (AFP) monitor and ensure the safety and
security of the affected children.

 This should be done in close coordination with DSWD, DepEd,


CHED and CSOs in the locality.

 Government agencies, LGUs and CSOs tasked to provide any


assistance or services to affected children are required to adopt a child
protection policy that includes measures to deter and effectively
respond to cases of violence, abuse and exploitation.

RA 10821: Children’s Emergency Relief and Protection Act 41


Heightened comprehensive
measures
 Upon declaration of a national or local state of calamity, heightened
comprehensive measures to monitor and prevent child trafficking,
labor, prostitution, and domestic and sexual violence shall be
implemented by the PNP and DSWD with assistance of AFP units.
 This shall be done in accordance with existing laws and in
coordination with the Local Council for the Protection of Children
(LCPC) and/or councils against trafficking and Violence Against
Women and Children (VAWC).
 To ensure that these measures are strictly enforced, RA 10821
mandates all LGUs to prioritize the establishment and functionality
of the barangay violence against women and children (VAWC) desk.

RA 10821: Children’s Emergency Relief and Protection Act 42


(8)Promotion of Children’s Rights

Aside from protection during disasters


and emergencies, what else does RA 10821
provide for children?

RA 10821: Children’s Emergency Relief and Protection Act 43


Promotion of Children’s Rights
 Children’s rights must be upheld and safeguarded particularly during
disasters and emergencies, RA 10821 mandates the inclusion of
activities and processes that will promote and uphold the rights of
children.
 The Program also mandates a child-centered training for all
responders considering that children have distinct and specific needs
from that of adults.
 RA 10821 ensures that children are provided with adequate access to
age-appropriate and child-friendly information regarding their
rights and responsibilities as children and the roles of the different
government agencies during disasters and emergencies.

RA 10821: Children’s Emergency Relief and Protection Act 44


Right to Participate
 Providing for an effective mechanism for training and meaningful
participation of children in community disaster risk reduction
programs.

 In the event of a disaster or an emergency, it mandates consulting the


affected children on their needs and priorities for post-disaster relief
and recovery.

 The conduct of children’s multi-cluster / sector initial rapid


assessment (MIRA) or similar consultation is required by the law

RA 10821: Children’s Emergency Relief and Protection Act 45


Restoration of Civil Registry Documents

How about important civil registry


documents that were lost and/or damaged
by the disaster?

RA 10821: Children’s Emergency Relief and Protection Act 46


Lost and/or damaged civil
registry
 Philippine Statistics Authority (PSA) shall ensure that vital
information pertaining to the personal circumstances of the child
are restored and/or reconstructed.

 PSA should make sure that a system for registration of


children born during national or local state of calamity is in
place.

 This is to ensure continued access of affected children to social


services and facilitate the reunification of separated children
with their families.

RA 10821: Children’s Emergency Relief and Protection Act 47


Roles of Local Government Units

What are the roles of Local Government


Units (LGU) and emergency responders?

RA 10821: Children’s Emergency Relief and Protection Act 48


Role of LGUs
 LGUs are required to adopt and integrate the mandates of the law
and the Program in their respective Local Development and Local
Disaster Risk Reduction and Management (LDRRM) plans, and
with appropriate budget allocations.

 All emergency responders such as barangay and community leaders


and members, school personnel and rescuers will undergo a child-
responsive training under the National Disaster Risk Reduction and
Management Council (NDRRMC) to protect and better serve the needs
of affected children.

RA 10821: Children’s Emergency Relief and Protection Act 49


Budget Allocation

Where will the budget and resources for


the implementation of this law come
from?

RA 10821: Children’s Emergency Relief and Protection Act 50


Budget Allocation
 Initial implementation of RA 10821 and the Program, the necessary
budget will be taken from the appropriations of the concerned
agencies such as DSWD, OCD, DepEd, DOH, DND, and PSA.

 The budget for continued implementation at the national level will be


included in the government’s annual budget as specified in the
General Appropriations Act (GAA).

 At the local level, the budget for the implementation of the Program
will be sourced from the Local Disaster Risk Reduction and
Management Fund (LDRRMF).

RA 10821: Children’s Emergency Relief and Protection Act 51


Implementing RA 10821

How do we monitor the progress and


implementation of this law and the
Program?

RA 10821: Children’s Emergency Relief and Protection Act 52


Implementing and Monitoring
 The accompanying Implementing Rules and Regulations
(IRR) of RA 10821 serves as the primary guide in implementing
its mandates and the Program.

 It contains the minimum standards, mechanisms and step-by-


step processes for concerned national government agencies,
LGUs and CSOs in fulfilling their functions and carrying out
their specific mandates under the law.

RA 10821: Children’s Emergency Relief and Protection Act 53


Data Management
 Mechanism for data gathering, monitoring and reporting
respectively is also mandated by RA 10821.

 The Disaster Risk Reduction Management Information System


at all levels will be disaggregated by age, gender, ethnicity,
and special needs.

 The collected data will be used to understand and better


respond to the particular needs of children affected by disasters
and emergencies

RA 10821: Children’s Emergency Relief and Protection Act 54


Reporting
 An annual joint report on the implementation of services should be
submitted by concerned agencies to the Philippine Congress containing
specific sections on pregnant women and children under five (5) years
old highlighting the strategies to address their specific post-disaster
nutrition needs.
 On surveillance and monitoring of heightened safety and security
measures to protect children during disasters and emergencies, the
DSWD and DILG are tasked to jointly submit a documentation and
report to the appropriate committees of Congress.
 Such monitoring and reporting protocols ensure that high standards
of accountability are adhered to by agencies tasked for
implementation.

RA 10821: Children’s Emergency Relief and Protection Act 55


Implementing Agencies

Which agencies are in-charge of


implementing the mandates of RA 10821?

RA 10821: Children’s Emergency Relief and Protection Act 56


Implementing Agencies
 Department of Social Welfare and Development (DSWD) is the lead
agency in implementing the mandates of RA 10821 and the
components of the Program.
 Department of the Interior and Local Government (DILG)
 Department of Education (DepEd), Department of Health (DOH)
 Office of Civil Defense (OCD)
 National Disaster Risk Reduction and Management Council
(NDRRMC)
 Philippine Statistics Authority (PSA)
 Philippine National Police (PNP)
 Armed Forces of the Philippines (AFP)
 Concerned civil society organizations (CSOs)

RA 10821: Children’s Emergency Relief and Protection Act 57


Short Workshop

CBDDRM Training of Trainors 6-9 June 2017 58


CALL TO ACTION: National Government
Agencies
1. Immediate approval of the Implementing Rules and Regulations
(IRR) of RA 10821 by the national government particularly the
Department of Social Welfare and Development (DSWD) and other
concerned agencies;
2. Crafting and implementation - with appropriate budget
allocation, of the Comprehensive Emergency Program for Children
(CEPC) according to the mandates of RA 10821;
3. DSWD and all concerned national government agencies to issue
memoranda on the wide dissemination and implementation of the
mandates of RA 10821;
4. Formation, with DSWD’s leadership, of a national inter-agency
committee on child-centered disaster risk reduction and emergency
response with participation from children and civil society
organizations.

RA 10821: Children’s Emergency Relief and Protection Act 60


CALL TO ACTION: Local Government
Units
1. Passage of a legislative measure by the Local Legislative
Assemblies (Sanggunian) in support of the implementation of RA
10821 including, among others, a localized CEPC and the
integration of the mandates of the law to their Local Disaster Risk
Reduction and Management Plans (LDRRMP);
2. Drafting and updating of local Children’s Welfare Code and
activation of the Local Councils for the Protection of Children
(LCPC) with mandates and functions in consonance with RA 10821;
3. Institutionalization of children and CSO participation in DRRM
through membership and representation in the Local DRRM Councils
(LDRRMC) and relevant Local Special Bodies (LSB);

RA 10821: Children’s Emergency Relief and Protection Act 61


CALL TO ACTION: Local Government
Units
4. Creation of a Technical Working Group (TWG) through the
LDRRMC to support and monitor the implementation of the law at
the local level, and;
5. Allocation of budget for strengthened implementation and
monitoring of the law, including specific budget lines for children in
emergencies in their respective Annual Investment Plans (AIP)
among others

RA 10821: Children’s Emergency Relief and Protection Act 62


CALL TO ACTION: CSOs and Child-
led organizations:
1. Advocate meaningful participation in DRRM planning and post-disaster
needs assessment through membership and representation in the LDRRMCs
and other relevant LSB;
2. Create a position paper or statement addressed to respective LGUs to pass
a legislative measure implementing RA 10821 and localizing the CEPC;
3. Conduct a forum or learning session in schools or communities regarding
the mandates of RA 10821 and the role of CSOs and child-led groups,
4. Advocate for consultations with children in the drafting of DRR plans and
budgets, and on post-disaster needs assessments, and;
5. Actively monitor the implementation of the law, especially during disasters
and declaration of a state of calamity.

RA 10821: Children’s Emergency Relief and Protection Act 63

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