'Mandatory military training for minors against UN protocol, Philippine laws'

MANILA, Philippines — Sen. Risa Hontiveros and a childrens' welfare advocacy group on Wednesday said that the proposed bill to require military training in Senior High School violates international laws.

In a statement, Hontiveros pointed out that the proposed bill would affect students aged 16-17 years old and requiring them to enroll in the Reserve Officers' Training Corps would be violtative of the Optional Protocol to the United Nations Convention on the Rights of the Child.

“Most students enrolled in Grades 11 and 12 are 16 to 17 year-olds. They are minors. The protocol we are party to ensure that persons who have not attained the age of 18 years old are not compulsorily recruited into the armed forces,” she added.

The Philippines is a party to the said UN protocol, which it ratified in 2003.

The Philippines, in ratifying the protocol, declared the following:

1.  The minimum age for voluntary recruitment into the Armed Forces of the Philippines is 18 years, except for training purposes whose duration shall have the students/cadets/trainees attain the majority age at the completion date;

2.  There is no compulsory, forced or coerced recruitment into the Armed Forces of the Philippines; and,

3. Recruitment is exclusively on a voluntary basis.

Hontivers said Wednesday: "Since the Armed Forces of the Philippines is also composed of a ‘citizens’ armed force which shall undergo military training,’ we would be violating our international commitment if we compulsorily recruit into the reserved forces those who are not of the age of majority."

The House of Representatives, on May 20, approved House Bill 8961 with a vote of 167-4-0. Its counterpart proposal, Senate Bill 2232, remains pending second reading.

The minority senator also pointed out the funding and logistical requirements that would arise when ROTC would be made mandatory.

"There are around 11,000 high schools in the country. How do we overcome the financial burden of institutionalizing ROTC in all these high schools? How can we assure the public of proper implementation when we can barely sustain our K to 12 program?" she said.

Child Rights Network, for its part, pointed out that under UN convention, the Concluding Observations for the Philippine Government’s Compliance Report on the Optional Protocol on Children in Armed Conflict stated military training for children “promotes militarism and is contrary to peacebuilding education of the State party and to the spirit of the Optional Protocol.”

The Department of Education supports the revival of mandatory ROTC, with Education Secretary Leonor Briones saying the Philippines "cannot be relying on other countries to defend us...external assistance takes too long to arrive so we have to rely on ourselves."

READ: Why ROTC is no longer mandatory

Violation of International Humanitarian Laws and RA 11188

CRN also said the measure violates Republic Act 11188, or the Special Protection for Children in Situations of Armed Conflict Act.

The law declared children as “zones of peace,” and the group said that passing a law mandating ROTC would run in contrast with it.

READ: A look at the new law on protecting children during armed conflict

Chapter II of RA 11188 provides that children are declared as Zones of Peace, and would be treated in accordance with what is stipulated in Republic Act 7610 on special protection against child abuse, exploitation and discrimination.

Under RA 7610, children “shall not be the object of the attack and shall be entitled to special respect,” and would not be recruited to become members of the Armed Forces of the Philippines or other armed groups.

CRN added: Using campuses for military training and, for some campuses the provision of a barracks, is inconsistent with Rules 22-24 of the International Humanitarian Law and other treaties that restrict the use of schools for military purposes.— Kristine Joy Patag