"I CAN'T forget what happened to me. I was caught with rugby. They poured it all over me. I wished they didn’t do that."

The thought that anyone could do that to a person could make any feeling person cringe, especially if they heard it from a 14-year old girl, who, motioning with her hands shared how the adhesive substance, which many street children sniff for its trance-like effects, was poured on her hair by police who arrested her.

Another said that she was hit by a logbook and dustpan. The girls, said another, are insulted. "Di na raw kami mga virgin (They say we’re no longer virgins)", and are coaxed to allow their private parts to be touched in exchange for release from jail.

Another said he was handcuffed, brought to the police precinct and immediately beaten up. A young boy said he was paraded in the market when he too was caught with rugby. "Nahiya ako (I was shamed)," he said.

Beatings, slapping, kicking, punching, being threatened at, handcuffed, paraded in the market or community after being arrested, and shouted at, the children said, were some of the abuses they endured for allegedly breaking the law.

The children, all eight of them, have experienced such abuse at the hands of police, and shared their stories in a talk with CyberDyaryo as participants during a recent national consultation workshop on street children and the juvenile justice system that was organized by various non-government organizations.

The three-day workshop, which was held last August 8 to 10 at the Skyline Riverbend Hotel and Convention Center in Marikina City, assembled some 60 child-participants who’ve been in conflict with the law and who’ve experienced abuse from police. Ranging in age from 7 to 18 years, the child participants came from different provinces and cities of the National Capital Region, Luzon, Visayas and Mindanao.

Law enforcers lack skill, compassion in handling children
The sad experiences of the children are indications that law enforcers, particularly the police, still are not equipped with the knowledge, skill, and compassion in handling children in conflict with the law (CICL), said Elizabeth Protacio-De Castro, associate professor of the UP-CIDS.

According to De Castro, there is a need to improve the justice system wherein "children are treated as children."

The is premised on the concept that children have certain rights—rights accorded to children by local and international laws—that should be respected in any circumstances whatsoever, even those who run in conflict with the law.

"These rights are different from the rights of adults," she stressed. During the workshops, she told CyberDyaryo, the children’s main problem is the police who physically abuse them and treat them as if they were adults.

Improving the justice system entails changing the system that presently applies to both adults and children, drawing no distinction or differentiation between adult and juvenile offenders. The only difference is that if found guilty, the youth offender below the age of 21 years is entitled to a suspended sentence, as provided by PD 603 (Child Youth and Welfare Code).

Criminal laws too harsh, penalties too severe for children
Criminal laws are deemed too harsh for youth offenders. Vagrancy and prostitution should not apply to children while penalties for other crimes such as robbery, theft and light offenses are perceived as too severe for children who are just in need of attention.

She reminded that that these children often end up in conflict with the law because of the problems that start at home, problems such as poverty, abuse, domestic violence, and illegal drugs.

The system provides no separate detention for children and adult criminals. They are already detained in poor conditions together with adults before arraignment and pending trial.

During the workshops, the children appealed that children’s cases should be dealt with in a fast manner by the courts. De Castro said that in one case, a child who has been languishing in jail for three years was finally sentenced to only six months imprisonment.

While the children acknowledged that police are not all bad, their bad experiences with some law enforcers are just too many, she said.

Children appeal to police
How should children who run in conflict with the law be treated? The children gave the following appeals to police:

• Don’t shout at us. Don’t shout when asking questions because we get afraid and get rattled. Give us chance to explain our side

• Don’t embarrass us ("Dapat ‘di pinapahiya.").

• When apprehending us, respect our rights. Don’t hit us immediately ("Huwag batukan kaagad"). Don’t hurt and beat us up.
  
• Don’t tell us hurtful words like "Pabalik-balik ka na lang dito. Wala kang silbi (You just come in and out of here. You’re useless."
  
• Don’t drag us when we’re being arrested.
  
• Don’t put us immediately in jail. Call our parents or NGO worker.
  
• Don’t take a picture or video shot of us.
  
• Don’t make us do errands, such as to buy cigarettes and beer, when we’re in jail.

De Castro admitted that some police still have a "gangsters’ mentality." She said that apart from doing advocacy work, the groups that are working for children’s welfare are giving training to police on how to treat children in conflict with the law. Trainings are similarly given to judges, lawyers, prosecutors, and social workers.

During the talk, the children’s eyes lit up when they were asked about their experiences in the workshop. "Masaya (happy)," was the common sentiment. A 12-year old said, "Simula nag-workshop nabuo na naman pag-asa ko at mga pangarap ko (Since the workshop began, my hopes and dreams have been restored)."

They said aside from learning about their rights as children, they were happy to be given opportunity to share their experiences as children of the streets, and to voice out what is "inside of us."

The workshop was co-organized by University of the Philippines’ Center for Integrative and Development Studies-Psychosocial Trauma and Human Rights Program (UP-CIDS-PST), and is part of an ongoing global campaign of the Consortium for Street Children (United Kingdom) in promoting the rights of street children and the juvenile justice systems.

Aside from UP-CIDS, the NGOs who participated in the event were Childhope Asia Philippines, the Olongapo City-based PREDA Foundation, Inc., Cebu-based Freelava, Inc. (Free Rehabilitation, Education, Economic and Legal Assistance Volunteers Association), and Tambayan Center for the Care of Abused Children, Inc., which is based in Davao City.