Oro Youth Development Council: #CDOyouthCODE

SAMPLE ORDINANCE

AN ORDINANCE PROVIDING FOR A COMPREHENSIVE CODE FOR THE YOUTH IN BARANGAY XXXX AND OTHER PURPOSES AND PROVIDING FUNDS THEREOF:-∏

WHEREAS, Article 2 Section 13 of the 1987 Constitution states that, “the States recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well being.” It shall inculcate in the youth, patriotism and nationalism and encourage their involvement in public and civic affairs;

WHEREAS, it is a declared policy of the barangay to promote and protect the physical, moral, spiritual, intellectual, cultural and social well being of the Kagay-anon youth and to inculcate in them values of patriotism and nationalism and to encourage their involvement in public and civic affairs of the barangay;

WHEREAS, youth organizations of the barangay, recognizing their capacity and stake in the future, are potent force for the work of good governance and participatory democracy;

WHEREAS, it is the duty of the barangay to reach out to the youth from all sectors and to encourage them to actively participate and be involved in the crafting and monitoring of the policies of the barangay and equipped with them with the learning experience of public-policy making;

NOW THEREFORE, be it ordained by the xxxxx Barangay Council, that:

ARTICLE I – GENERAL PROVISIONS

SECTION 1. TITLE. – This ordinance, for brevity shall be known as the “Barangay xxxx Youth Code”

SECTION 2. POLICY. - The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

SECTION 3. – RELATED AND GUIDING PRINCIPLES.

(a) The rights of the youth as stipulated in the Constitution and other laws shall be upheld at all times;

(b) Every youth has the right to be informed of his inherent rights as stipulated in the Constitution and other related laws;

(c) Every youth has the right to bodily integrity and to the means necessary for the proper development of life, particularly food, clothing, shelter, medical care, rest, and, finally, the necessary social services;

(d) Every youth has the right not to be discriminated, intimidated, abused, or humiliated;

(e) Every youth has the right to quality and responsive education;

(f) Every youth has the right to freely and fully participate in the political processes of his community and country;

(g) Every youth has the right to economic development based on the precepts of justice and equity;

(h) Every youth right is coupled with a moral and legal obligation that he should fulfill;

(i) Every youth has the right to exercise freedom of religion.

SECTION 4. - DEFINITION OF TERMS.

(a.) YOUTH by virtue of Republic Act 8044 otherwise known as The Youth in Nation-Building Act of 1995, and for the purpose of this ordinance, shall refer to those persons whose ages range from fifteen (15) to thirty (30) years old, which shall include but not limited to the following: Sangguniang Kabataan Members, , 4H Club Youth members, The Student Governments in the schools located in the Barangays, Out-of-school youth (OSY’s), and all other youth organizations duly organized and recognized by the Barangay level.

(b.) Youth of School Age shall refer to all youth whose ages range from 15-25 years.

(c). Minor youth shall include all youth whose ages range from 15-17 years.

(d.) Working youth shall refer to all youth whose ages range from 18-30 years who are employed either on a regular or temporary basis.

(e). OUT-OF-SCHOOL YOUTH refers to all youth of school age, whether organized or not, who are unable to avail of the formal school system or who have dropped out from formal elementary and secondary education.

(f). IN-SCHOOL YOUTH refers to all youth of school age, whether organized or not, presently enrolled with any educational, vocational institution which include but not limited to the following school organizations (academic or non-academic), student government, fraternities and sororities.

(g) SPECIAL YOUTH refers to all youth organizations whose primary purpose is to serve youth with special needs namely, youth with disabilities, youth in situations of armed conflict, victims of natural disaster and calamities, youth offenders, delinquent youth, LGBT youth, drug depended youth, street youth, abused/exploited youth and abandoned/neglected youth

(h) Faith-based Youth - refers to all youth organizations organized under the rules and regulations of a religious institution and recognize by such. Its members are also exclusive members of the said church/sect/religious denomination.

(i) Zone Youth Organization – refers to a youth organization that is founded on the basis of a specific geographic unit of a barangay and whose members are majority resident of such Zone.

(i) Moro and Indigenous Peoples youth – Refers to youth organizations whose primary purpose is to advance the cultural identity of the Moro and Indigenous peoples.

(j). COMMUNITY YOUTH ORGANIZATIONS are organizations whose majority of membership are youth and might be based in educational institution but whose program are not solely for educational advancement or may be community based whose members are not all out-of-school youth.

(k). CIVIL RIGHTS are those rights of the youth to be protected against all forms of abuse, exploitation and discrimination in situations where the youth is considered in extremely difficult circumstance.

(l). ECONOMIC, SOCIAL, AND CULTURALRIGHTS pertain to the access of the youth to educationalopportunities, relevant information, leisure, cultural activities and the right tofreedom of thought, conscience and religion.

(m). POLITICAL RIGHTS are those rights which provide the youth the freedom to express themselves on matters affecting his or her life.

(n). Anti-Social Related Activities are those acts against property, chastity and person which include but are not limited to the following:

Petty crimes such as snatching, shoplifting, misrepresentations;

1. Using and pushing prohibited drugs;
2. Selling or distribution of lewd/obscene reading materials;
3. Pimping for young and adult prostitutes, sexual perversions and doing or participating in obscene shows;
4. Gambling of any form;
5. Rape and incest; and
6. All other circumstances as defined in the existing laws.

(o). Hazing shall mean an initiation rite being conducted as a prerequisite for admission as member in a fraternity, sorority, or organization by placing the recruit, neophyte, or applicant in an embarrassing or humiliating situation such as forcing him/her to do menial, silly foolish, and other similar tasks or activities, or otherwise subjecting him/her to physical suffering or injury.

SECTION 5. – YOUTH PROGRAM - A comprehensive program for the youth shall be formulated, within one (1) year from the effectivity of this Code by the barangay youth council Development, after consultation with the Sangunniang Kabataan, youth groups, other government agencies, private sector, and non-government organizations.

SECTION 6. – CREATION OF THE BARANGAY XXXXX YOUTH DEVELOPMENT COUNCIL WITH ITS COMPOSITION, DUTIES AND FUNCTIONS. The Barangay XXXX Youth Development Council (BYDC) shall be created to formulate plans that will promote the development and uphold the rights of the youth of the barangay.

Section 6 -1. Composition . The Council shall be composed of the following

The SK President shall be the co-convener of the council (if applicable)
Kagawad for Youth Committee or its equivalent
A barangay youth chair shall also be elected among the sectoral or Sitio representatives
Zone Presidents
Sectoral Representatives

Out of School
Youth with Special needs
Faith Based
Indigenous Youth (if applicable)
Muslim Youth (if applicable)

Section 6-2 Sectors in Zone Youth Organizations. - Zone youth organizations shall be ensure that sectors within such Zone shall be represented in the said zone organization. The Sectors shall be:

In – School Youth (President of the Supreme Student Government of the High school and Elementary School in the barangay if applicable)
Out – of School Youth
Youth with Special Needs
Faith-based Youth
Indigenous Youth (if applicable)
Muslim Youth (If applicable)

Section 6–3. Objectives

General Objectives:

To develop the youth’s full potential as a partner in nation building;
To encourage active participation of the youth in community development
To harmonize all programs and initiatives of the barangay and non-governmental organizations for the youth sector;
To supplement the barangay’s appropriation for youth promotions and development; and
To broaden and strengthen the services provided by the barangay Government to the youth sector.

Specific Objectives:

To develop a culture of engaged citizenship and political maturity which allows the youth to critically evaluate social issues and adopt innovative solutions within their own spheres of influence;
To provide information on the areas of education, employment, livelihood, health, capacity building and networking;
To provide monitoring and coordinating mechanism for youth program, project and activities; and
To act as a conduit between the youth and the barangay Government.

Section 6 -5– Functions – The following shall be the functions of the Oro Youth Council:

To formulate and submit to the Barangay captain the barangay youth and development agenda; and
To recommend to the Barangay captain and other local government agencies policies and programs that are beneficial to the youth;
To adopt resolutions concerning pertinent issues of the youth
To adopt an independent youth leadership in local governance development program;
To coordinate and harmonize activities of all agencies and organizations in the barangay engaged in youth development;
To implement programs aimed at developing the full potential of the youth;
To assist the national government and government agencies in the promotion of programs, projects and activities in the barangay and the local government unit;
To assist various government and non-government organizations in the identification and nomination of qualified participants to different programs, projects and activities;
To conduct fund raising programs and activities that will benefit the youth of the barangay;
To recommend youth programs and project proposals to appropriate government agencies;
To create a data base of youth organizations within the barangay;
To coordinate the creation of youth councils in each zone;
To adopt its own seal and by-laws
To organize the Barangay Youth Congress at least once a year
To perform such other functions as may be required by the law.

Section 6 – 6. The Secretariat – The secretariat shall be the Barangay Social Worker.

Section 6 - 7 – meeting of the council. – The Barangay Youth Development Council shall meet at least once a month or as often as maybe necessary. The chairman or his duly designated convener shall preside in all council meetings. Youth Councilors shall be entitled to necessary traveling expenses and allowances chargeable against the funds for youth development, subject to existing accounting and auditing rules and regulation.

Section 6-7. Term

a) All sectoral representatives shall hold office during their incumbency for only 1 year upon election.

b) The terms of office of the SK Federation President/Federation President shall be until such time that their legal successors shall have been duly elected and qualified.

c) Each term of office will commence upon the assumption of office of newly elected barangay officials.

In order to uphold the non-partisan nature of the BYC, the selection process for the new Board and Officers of the council should be conducted 6 months prior to the assumption of office and will join the activities of current Board and Officers on observer status for easy transition.

ARTICLE II – CIVIL RIGHTS OF THE YOUTH

SECTION 7. – PROSTITUTION AND OTHER SEXUAL ABUSE. Any youth, whether male or female, who for money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or groups, indulges in sexual intercourse or lascivious conduct, is considered to be exploited in prostitution and other sexual abuse.

SECTION 8. - OBSCENE PUBLICATIONS AND INDECENT SHOWS. Any person who shall hire, employ, use, persuade, coerce or force a youth, whether live or in video, to pose or model in obscene publications or pornographic materials shall be penalized according to existing laws penalizing such acts.

SECTION 9. - SPECIAL COURSES FOR BARANGAY TANODS. A special course that deals with handling abused and delinquent youth shall be designed and obligatorily given to the members of the Barangay Tanods.

SECTION 10. – Police brutality, being the state or quality of being harsh, ruthless, cruel, or unrelenting to a youth who is suspected of committing crime, misdemeanor or antisocial activities during arrest, apprehension, investigation and interrogation or when applied to youth suspects under the custody of police authorities shall be prohibited and dealt with appropriate action from the People’s Law Enforcement Board (PLEB). Case or cases of brutality of police officer(s) committed against a youth offender shall be filed in PLEB who will determine the appropriate penalty or penalties without prejudice to the provisions of the Revised Penal Code.

SECTION 11. – No person shall force, coerce, bully, or deceive any youth into joining any organization, fraternity, sorority, gang, or association. Any person caught in the act of forcing or deceiving any youth, or those who have forced and deceived the latter into joining any organization, fraternity/sorority, or gang within the campus or outside the school grounds will be sanctioned with four (4) hours of community service to the City Government if the offender is a fellow youth, or a fine of One Thousand Pesos (Php 1,000.00) and eight (8) hours of community service if the offender is an adult, without prejudice to filing of appropriate legal action.

(a). Recruiters from any organization or fraternity/sorority must secure permission from the parents/guardians of the minor youth being recruited.

(b). Hazing or initiation rites are discouraged, if not regulated, conforming to Republic Act 8049.

(c). If the youth subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of fraternity, sorority, or organization who actually participated in the infliction of physical harm shall be liable as principals and will suffer the sanctions as provided under Republic Act 8049.

SECTION 12. – It shall be the policy of the Barangay Government to prohibit youth discrimination especially on the basis of gender and sexual orientation, social class, religion, and political affiliation.

ARTICLE III – ECONOMIC, SOCIAL, AND CULTURAL RIGHTS OF THE YOUTH

SECTION 13. - GENERAL FRAMEWORK. The development of the youth is determined by both external and internal factors, so that, it is the shared responsibility of the parents, siblings, and relatives which shall be known as the internal factor and the State, civil society, and community which shall be known as the external factor to provide the necessary environment, support, assistance and other initiatives to make the youth responsive and productive members of the society.

SECTION 14. - The Barangay government, representing the State, shall ensure, to the maximum extent possible, the development of the youth by providing facilities, programs and projects for the purpose and at the same time facilitate and mobilize the civil society and the community to reinforce and strengthen the initiatives for the general welfare of the youth sector.

SECTION 15. - The Barangay government shall formulate policies, programs,projects and initiatives to contribute to the development of the youth.

SECTION 16-1. – EDUCATION POLICIES.

(a) The Barangay Council shall actively participate in the School Governing Council and allocate necessary budget intended for the purpose of youth development and education.

(b) The Barangay Council shall look for ways to expand a scholarship program for formal education as well as for alternative learning system and vocational education.

(c) The Barangay Youth Development Council shall aid the Barangay Government and the School Governing Council in improving the quality of education and literacy rate in the barangay.

SECTION 16-2. – ECONOMIC POLICIES.

(a) The Barangay Council through its appropriate agency/office shall render technical and vocational trainings to interested youth that would help them acquire new skills, provide education and training to young entrepreneurs.

(b) The Barangay Council shall forge ties with the private sector in order to provide financial assistance to youth individuals and organizations that are interested to start their own business or enter into financial enterprise.

(d) The Barangay Council shall periodically check all businesses that employ youth and shall see to it that the working condition/environment is youth-friendly.

(e) The Barangay Council shall ensure that no youth worker is deprived of job training, promotion, and compensation, benefit, on the basis of age, gender, ethnicity, creed, civil status, ideology, or political affiliation.

(f) The Barangay Council together with the NGO’s concerned, private and public offices, and other commercial and non-commercial establishments shall provide the youth opportunities for On-the-Job trainings.

SECTION 16-3. – HEALTHCARE POLICIES.

(a) The Barangay Council through the Barangay Health Center shall provide check-ups and free health orientations to youth especially on health issues concerning them.

(b) The Barangay Council shall provide counseling programs and services through the City Health Office regarding health issues concerning the youth.

(d) The Barangay Council shall encourage/conduct periodic health symposium aimed in giving awareness to the youth sector of health issues and concerns that they have to learn.

(e) The Barangay Health Office shall have programs that will teach and give information to the youth about sex education.

(f) Business institutions, regardless of their breadth, that is found out to be selling cigarettes and or liquors to minors shall be penalized according to existing ordinances which penalize such activities.

SECTION 16-4. – SPORTS DEVELOPMENT. The Barangay Council shall establish an integrated youth and sports development program in order to discover and develop fresh would-be athletes from the youth sector who will someday represent the Barangay in city-wide ot national level competitions, or who will become national athletes who will bring honor and glory for the Barangay.

SECTION 17. – TRAINING FOR OUT OF SCHOOL YOUTH. The Barangay Council shall conceptualize programs to promote the development of the Out-of-School Youth (OSY) to become self-reliant, economically productive, socially responsible citizens able to contribute to the development of the family and community.

SECTION 18. – FOCUS ON SPECIAL YOUTH. The Barangay Council give special focus on special youth by implementing programs and projects that will develop and enhance their skills and empower them to be able to participate in the society productively. The Barangay Council make a periodic comprehensive survey on special youth which shall serve as basis for the programs and projects intended for their development.

SECTION 19. – BARANGAY LEVEL RECREATIONAL AND CULTURAL FACILITIESAND PROGRAM. A barangay-level program for the revival of indigenous games that reflectthe cultural diversity shall be installed. The Barangay Council shall allocate space for recreation and provide recreational facilities appropriate for the youth.

ARTICLE IV – POLITICAL RIGHTS OF THE YOUTH

SECTION 20. - PARTICIPATION OF THE YOUTH IN DECISION-MAKING PROCESS.It is important to consult and provide venue for the expression of the youth’s view in barangay policies. Consistent to this, it is necessary that the youth sector is convened once a year, specifically during the youth month, which shall be decided by the The Barangay Council as to when shall be held, to be heard collectively of their clamors and needs.

SECTION 20-1. – YOUTH PARTICIPATION RIGHTS.

(a) Every youth has the right to congregate and form associations; as such they have the right to autonomously determine the type of organization, exercise their own initiative and act responsibly on their own so as to achieve their desired goals, provided however, that such associations are not contrary to law or public welfare.

(b) Every youth has the inherent right to take an active part in public life, and to contribute to the common good of his community and fellow citizens.

(c) Every youth has the right to initiate programs, projects, and activities that are not contrary to law or public welfare.

(d) Every youth has the right to be accorded any form of counsel, advisement, guidance, and reprimand in any undertaking fundamental to the needs and well being of his sector.

(e) Every youth has the right to commit, engage, and be involved in any form of endeavor, necessary in the full development of their sector’s interest and society as a whole.

(f) Every youth and youth association or organization has the right to seek and avail of encouragement through technical, educational, and financial support from the appropriate agencies concerned.

(g) Every youth has the right to demand for an environment that is not in conflict with the nature of employment and/or endeavor they have chosen to partake in.

(h) No youth shall be deprived of his right to participate in activities vital to his and his society’s growth and development on the basis of race, gender, creed, ideology, economic status, cultural and organizational affinity, abilities, and/or educational attainment.

SECTION 21. RESPONSIBILITIES OF THE YOUTH. Every youth, regardless of the circumstances of his birth, sex, religion, social status, political antecedents and other factors shall:

(a) Strive to lead an upright and virtuous life regardless of his religious and political affiliation, the teachings of his elders and mentors, and the biddings of a clean conscience;

(b) Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

(c) Extend to his brother and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united;

(d) Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may become an asset to himself and to society;

(e) Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy;

(f) Participate actively in civic affairs and in promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation’s future; and

(g) Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for programs and posterity, and the furtherance of world peace

SECTION 22. YOUTH CENTER. – The The Barangay Council shall provide a Barangay Youth Center which shall house the Barangay Youth Development Council. The Youth Center shall also house the program of the council and should be accessible to Youth with special needs.

ARTICLE VI – FINAL PROVISIONS

SECTION 23. – APPROPRIATIONS. To effectively implement this Ordinance, Youth Development Fund shall be appropriated annually where certain portions thereof shall be appropriated to cover specific programs for the youth sector.

SECTION 24. – SEPARABILITY CLAUSE. If any provision of this Ordinance is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect.

SECTION 25. – REPEALING CLAUSE. All ordinances, local issuances or rules inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 26. – EFFECTIVITY CLAUSE. This Ordinance shall immediately take effect upon approval.

ENACTED: XXXX

xxx xxx xxx

DONE this xxxxxxxxx in Barangay xxx

#CDOyouthCODE

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