Cluster III: Concurrent Session on Public Policy, …ceap.org.ph/upload/download/20129/1884158580_1.pdf · Cluster III: Concurrent Session on Public Policy, Advocacy and Research

Cluster III: Concurrent Session on Public Policy, Advocacy and Research in Catholic Education

August 30, 2012

2:15-4:15 PM

2012 CEAP National Convention Theme: Remember with Gratitude,

Renew with Fervor SMX Convention Center, Pasay City

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Session on:

Transformative Education and

Advocacy in Catholic Schools

Atty. Adoracion P. Cruz-Avisado, PhD

Member, National Advocacy Commission, CEAP

Chair, Transformative Justice Institute

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There can never be genuine peace and democracy unless we have a working Justice System.

CEAP has taken on the advocacy to help transform the Philippine Justice System with an initial focus on Judicial Reform.

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To discuss the rationale for the needed Public Advocacy and Research on Transformative Justice and the Rule of Law; and

To determine how our schools can be involved in advancing to their students and the community concepts of Transformative Justice and the Rule of Law, Human Rights, Gender Equity and Equality, Ethics in the Administration of Justice, as well as Restorative Justice.

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Intertwining Culture of Patriarchy and Corruption in the Justice System that result in Impunity

Tremendous miscarriage of justice in many cases before the courts of law

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Those of us in the education sector have a lot to do and contribute in the much needed development, social change and transformation in our beloved country.

There is a need for us, as educators, to actively be involved in pushing for transformation of the justice system with much focus on judicial reform

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Republic Act 9262 – Anti Violence Against Women and their Children Law

- rehabilitation for doers of violence

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Republic Act 9344 – Juvenile Justice and Welfare Law

- provisions on Diversion Programs and Youth Homes/Agricultural Camps

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Substance:

what the law

says

Structure:

how the law

is applied

Culture:

how people

regard the

law

Components of the Legal System

Graph by Margaret Schuler

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Substance: What the law says =

Laws Constitutions Rules Regulations, Etc.

Substance:


We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

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Davao City Jail Situation: jail facilities with a carrying capacity of

350 people 1,300 male inmates are detained in that

facility another 200 male inmates are confined in

the annex series of deaths due to sickness and

suicide

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RA 9344 Sec. 4 (q)

Restorative Justice refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim, reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

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Provisions of: Republic Act 9344 – Juvenile Justice and

Welfare Act Republic Act 9262 – Anti-Violence Against

Women and their Children

Implementation of: Republic Act 8369 – Family Courts Act

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Structure: How the law is applied =

Courts Law Enforcement Administrative Agencies, etc.

Structure:

PILLARS OF THE PHILIPPINE JUSTICE SYSTEM

Law

Enfo

rcem

ent

Pro

secu

tion

PAO

& P

ublic

D

efe

nders

Court

s

B J

M P

Corr

ect

ion &

Rehabili

tation

DSW

D &

CSSD

O

Com

munity

Graph by Margaret Schuler and TJI

poor knowledge about the laws and often times, they are resistant in enforcing the laws especially against the rich, famous and well connected individuals

continuing general perception that the law enforcers themselves are involved in syndicated crimes such as carnapping, kidnapping, drugs trade, trafficking in persons, smuggling and many other

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high level of distrust especially among the poor

Many of them still express that they fear that their cases will be fixed

practice of allowing private prosecutors greatly disadvantage the poor

For those who can afford to pay private practitioners, they resort to this also because of lack of trust in public prosecutors

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most of the accused who are poor are represented by the Public Attorney’s Office

In many areas, there are no PAO lawyers and thus, disposal of cases are delayed.

The accused who cannot post bail remain behind bars, sometimes even beyond the possible sentence for imprisonment as provided for by law due to the snail paced administration of their cases

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Culture of Patriarchy and Corruption result in tremendous miscarriage of justice in our country

prevailing Culture of Domination and Subordination in many of our institutions

biases and discrimination of judges

Family Court judges lament the fact that they did not choose to become Family Court judges as they were merely designated as such by the Supreme Court without any form of consultation

disposal of cases remain very slow

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various detention cells in the Philippines need to be thoroughly studied and exposed

our government continues to violate its mandate as duty bearers in ensuring that speedy disposition of justice is carried out

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correction and rehabilitation of prisoners are not ideally carried out

government needs to improve the system of correcting and rehabilitating those who are imprisoned for them to become productive members of society

correctional facilities especially for women in the regions

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DSWD is not given the right personnel support and budget to carry out the provisions for instance of RA 9262 in providing rehabilitation for doers of violence and in the rehabilitation and correction of CICL under the Juvenile Justice Welfare Law

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academe, including members of CEAP, is not very strong yet in its participation in strengthening the pillars of Justice

Not too many are concerned about ensuring that the rule of law, respect for human rights, gender equality, ethics in the administration of justice and restorative justice are upheld

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Culture: How people regard

the law =

Shared attitudes

and behaviors toward the law

Culture:


A set of people’s values, beliefs, behavior, language and artifacts which distinguish them from other people and are transmitted from generation to generation

Example of behaviors that negatively impact the justice system:

Palakasan

Padrino

Fraternity ties

Cover-up

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Abuse of power and authority

Graft and corruption

Etc.

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Changing

institutions

Substance Structure

Culture

Changing

the Law

Changing

People


This graphic illustrates how strategies

target actions toward the location

of the problem within the system.

It is for this reason that an accurate

analysis be undertaken. The graphic

also illustrates the dynamic interaction

of strategies on the various components

of the system.

27 Margaret Schuler, (1992), Legal System

If the location of the problem is analyzed to be in:

what the law says the structures of law enforcement

attitudes and behaviors of people

The strategy will tend to emphasize:

changing, abolishing or creating new laws and policies engaging, using challenging institutions

enabling, empowering, educating, challenging people

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Margaret Schuler, (1992), Legal System

CEAP can do a lot in forming and transforming mindsets, attitudes, behaviours and characters.

Transformative Education must purposively be introduced and carried out in all our schools.

Various schools must embark in research and outreach that are relevant to the strengthening of the Philippine Justice System and that will ensure the application of human rights, gender equality, restorative justice and the rule of law.

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Inmates and Students Bridge-Builders for Peace and Justice

Court

esy o

f M

indanao P

eacebuildin

g Insti

tute

/Je

rem

y S

imons

26 National Service Training Program (NSTP) Students from Ateneo de Davao University and Holy Child College of Davao

10 Criminology Interns from Holy Cross College of Davao and University of Mindanao, Davao

25 Inmate leaders from the Davao City Jail main facility

Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons


A Transformative Educational Activity

A Partnership between the Davao City Jail and Service Provider Volunteers

A leadership experience for inmates

An opportunity for learning, dialogue & reflection with Davao City college students

All activities were led by Inmates






Formed in a partnership between Therapeutic Community (Inmate) Leadership Forum and Support Group Volunteers

3 Months of Peace Circle Training and summit planning for Inmate Facilitators and Guides Mindanao Peacebuilding Institute volunteer

Coordination with NSTP Coordinators, BJMP leadership, personnel and other groups

Self Funded by Summit participant fee


A transformative experience for students perceptions of inmates and the jail

Stereotype and bias reduction Encouraging and confidence building

experience for inmates Requested more training on facilitation and

peace building Participants requested to continue the project

and stay involved


“Detainees are not harmful”

“Peace can only be developed by understanding others”

“As a good leader, you must be a good listener”

“Tanang inmates pwede magbag-o.”

“Detainees are Spiritual”

“Peace begins with me.”


“Change others’ perspective of the detainees and let them feel that they are part of our community.”

“[Share] that a lot of detainees are waiting for sentences…dapat paspas ang dagan sa kaso…aron dili na sila magwait ng pila ka years.”

“Will be a peacemaker in our family” “To improve the facilities” “Increase awareness to my classmates on the

truth about the inmates and encourage conflict management through peaceful dialogue.


Davao City Jail Warden, personnel and Region XI BJMP

Ateneo de Davao, Holy Cross, Univ. of Mindanao and Holy Child

Therapeutic Community – Support Group Volunteers (SGV)

Other support groups, ministries and volunteers

For more information contact:

Jeremy Simons

[email protected]

SGV Board member & Mindanao Peacebuilding Institute Volunteer


The Philippines is now at the crossroads of having another image and face in the global

arena. As members of the Catholic Educational Association of the

Philippines, CEAP, we can play a very important role in achieving

that direction.

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This is the challenge that we would like to raise in this session for our schools to embark into instruction, research and outreach that will help strengthen the Philippine Justice System.

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I urge you, then, brothers/sisters, remembering the mercies of God, to offer your bodies as a living sacrifice, dedicated and acceptable to God; that is the kind of worship for you, as sensible people. Do not model your behaviour on the contemporary world, but let the renewing of your minds transform you, so that you may discern for yourselves what is the will of God -- what is good and acceptable and mature.

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When we go into this kind of advocacy for purposes of transformative education, it is our way of saying that “we remember with gratitude and renew with fervor” our commitment to serving God, our country and God’s people.

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Documents

Cluster III: Concurrent Session on Public Policy, …ceap.org.ph/upload/download/20129/1884158580_1.pdf · Cluster III: Concurrent Session on Public Policy, Advocacy and Research