2012 CEAP National Convention Theme: Remember with Gratitude, Renew with Fervor SMX Convention Center, Pasay City

Transcription

1 Cluster III: Concurrent Session on Public Policy, Advocacy and Research in Catholic Education August 30, :15-4:15 PM 2012 CEAP National Convention Theme: Remember with Gratitude, Renew with Fervor SMX Convention Center, Pasay City 1

2 Session on: Transformative Education and Advocacy in Catholic Schools Atty. Adoracion P. Cruz-Avisado, PhD Member, National Advocacy Commission, CEAP Chair, Transformative Justice Institute 2

3 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. 3

4 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. 4

5 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 5

6 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 6

7 Republic Act 9262 Anti Violence Against Women and their Children Law - rehabilitation for doers of violence 7

8 Republic Act 9344 Juvenile Justice and Welfare Law - provisions on Diversion Programs and Youth Homes/Agricultural Camps 8

9 Components of the Legal System Substance: what the law says Structure: how the law is applied Culture: how people regard the law Graph by Margaret Schuler 9

10 Substance: Substance: What the law says = Laws Constitutions Rules Regulations, Etc. Graph by Margaret Schuler 10

11 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. 11

12 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 12

13 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. 13

14 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 14

15 Law Enforcement Prosecution PAO & Public Defenders Courts B J M P Correction & Rehabilitation DSWD & CSSDO Community Structure: Structure: How the law is applied = Courts Law Enforcement Administrative Agencies, etc. PILLARS OF THE PHILIPPINE JUSTICE SYSTEM Graph by Margaret Schuler and TJI 15

16 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 16

17 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 17

18 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 18

19 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 19

20 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 20

21 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 21

22 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 22

23 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 23

24 Culture: How people regard the law = Culture: Shared attitudes and behaviors toward the law Graph by Margaret Schuler 24

25 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 Abuse of power and authority Graft and corruption Etc. 25

26 Substance Changing the Law Changing People Structure Changing institutions Culture Graph by Margaret Schuler 26

27 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. Margaret Schuler, (1992), Legal System 27

28 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 Margaret Schuler, (1992), Legal System 28

29 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. 29

30 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons Inmates and Students Bridge-Builders for Peace and Justice

31 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

32 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

33 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 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

34 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

35 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

36 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

37 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

38 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 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

39 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 Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

40 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. Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

41 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. Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

42 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 SGV Board member & Mindanao Peacebuilding Institute Volunteer Courtesy of Mindanao Peacebuilding Institute/Jeremy Simons

43 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. 43

44 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. 44

45 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. 45

46 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. 46