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Convention on the Elimination of All Forms of Discrimination Against Women
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Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW)
Introduction
The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) is the first and only international treaty that comprehensively addresses the
human rights of women. It is also known as the International Bill of Rights for Women. The
United Nations General Assembly (UNGA) adopted CEDAW three decades ago on December
18, 1979 and since then it has been ratified by 186 countries, including the Philippines. The
CEDAW was signed by the Philippine government on July 17, 1980 and ratified by the
Senate on July 19, 1981.
By signing as a State-party to the CEDAW, the government acknowledged the
existence of gender inequalities in the Philippine society that result in discrimination
against women. It also signified the State’s commitment to stop discrimination against
women. Discrimination against women is defined as:
“any distinction, exclusion, or restriction made on the basis of sex which has
the effect or purpose of imparting or impairing or nullifying the recognition
of women, irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political,
social, cultural, civil and any other field.”
A. Rights guaranteed under CEDAW
The CEDAW Committee’s General Recommendations is a regularly updated list of
opinions and recommendations on specific gender issues prepared by the UN CEDAW
Committee, and guarantees that women should equally enjoy with men the following civil,
political, economic, social, and cultural rights:
(1) Right to good quality education (Articles 10 to 14);
(2) Right to comprehensive health services, including family planning (Articles
11,12 and 14);
(3) Right to decide on the number of children and on the number of years
between pregnancies (Article 16);
(4) Right to shared parenting responsibilities (Articles 5 to 16);
(5) Right to have equal access to jobs, benefits, and social security (Articles 11
and 14);
(6) Right to be paid equally, based on the work they do (Article 11);
(7) Right to be free from all forms of violence, whether physical, sexual,
emotional, mental, or economic (General Recommendations 12 and 19);
(8) Right to be free from all forms of slavery and prostitution (Article 6);
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(9) Right to vote, run for election, and hold public office (Article 7);
(10) Right to represent the country internationally (Article 8); and
(11) Right to acquire, change or retain nationality and citizenship
(Article 9).
B. History
Filipino women leaders played a pivotal role in the historical development and
implementation of the CEDAW:
(1) Helena Z. Benitez, who was then the chairperson of the UN Commission on
the Status of Women (UN-CSW), pushed for the adoption of the Declaration
on the Elimination of Discrimination Against Women, the CEDAW
predecessor document, by the General Assembly in 1967;
(2) Leticia-Ramos Shahani holds the distinction of being a member of the
working group of the UN-CSW that drafted the document;
(3) Justice Irene Cortes served as the first Filipino member of UN CEDAW
Committee (1982-1986), followed by Teresita Quintos-Deles (1991-1994),
Aurora Javate-de Dios (1995-1998) and Ambassador Rosario G. Manalo
(1999-2005). From 2005-2006, Ambassador Manalo chaired the UN CEDAW
Committee.
In many aspects, the Philippines has been a trailblazer in advancing women’s rights
and is perceived to be one of the countries in the Asian region where women relatively
enjoy more rights and freedoms.
The creation of the National Commission on the Role of Filipino Women (NCRFW),
the national machinery on women, predated the CEDAW. Established through Presidential
Decree (PD) 633 in 1975, the mandate of the NCRFW (renamed in 2009 as the Philippine
Commission on Women or PCW) eventually included the monitoring of the CEDAW’s
implementation.
In the years following the Philippine government’s ratification of the CEDAW, the
NCRFW together with women’s civil society groups successfully lobbied for the passage of
women-friendly laws. This strengthened the national legal framework that applied the
international human rights standards set by the CEDAW.
Despite many gains, there are still many challenges that confront the attainment of
gender equality in the Philippines. The commitment of the Philippine government to
mainstream gender as well as the PCW’s enduring partnership with women’s organizations
and NGOs hold great promise for realizing the objectives of the 2nd Philippine Human Rights
Plan (PHRP II).
C. CEDAW- PHRP II Human Rights Priority Agenda
The part of the PHRP II corresponding to the implementation of CEDAW, shall
address the implementation gaps in the enforcement of women-friendly laws, support the
development of legal instruments and mechanisms where there are none or when more are
needed, and promote gender equality and non-discrimination by broadening the public’s
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awareness on the CEDAW. These areas correspond to the priority rights identified for the
PHRP II, which are the following:
(1) To protect women against violence
Close the implementation gaps. Despite the good laws addressing the prevention and
criminalization of violence against women (VAW), criticisms persist on the lack of
coordination among concerned agencies; inadequate capacity and/or the lack of willingness
of many frontline service agencies/ workers to assist VAW complainants; poor quality of
facilities; absence of functional monitoring and evaluation mechanisms and processes to
measure progress or the lack of it; gender insensitivity of duty bearers; lack of political will
among leaders addressing VAW; inadequate resources; legal loopholes; low level of
conviction in trafficking cases; and an overall low level of satisfaction over how the courts
dispense justice on VAW cases.
Some of these issues are mentioned in the 2006 CEDAW Committee Concluding
Comments, as well as the Concluding Comments from the Universal Periodic Review (UPR)
in 2008 that pertained to the implementation of the CEDAW.
(2) To promote women’s rights to equal treatment and non-discrimination
Prepare the mechanisms for the implementation of the Magna Carta of Women
(MCW). The MCW is a comprehensive women’s rights law that defines and seeks to end
discrimination against women. Its recent approval on August 14, 2009 came after seven (7)
years of lobbying by women’s groups and the PCW before three Congresses, where they
faced opposition from conservative religious lobbyists that objected to its provisions on
reproductive health. The legislative advocacy on the MCW in the last three years was guided
by a CEDAW framework, after the CEDAW Committee expressed disappointment over the
delay of its passage, and when the Human Rights Council’s (HRC) echoed a similar concern.
Finally, with the signing into law of the MCW, the NCRFW was renamed as PCW and was
designated as the overall monitoring and oversight body that shall ensure the
implementation of the MCW.
Raise public awareness of women’s rights. Traditional practices and beliefs on gender
roles persist. These tend to undermine the attainment of gender equality and non-
discrimination, and maintain patriarchal attitudes and gender stereotypes.
Correspondingly, the level of awareness about CEDAW and national laws that promote the
rights of women is low. Thus, knowledge and appreciation of CEDAW must be increased to
lay the foundation for building a culture of human rights.
Below is a list of basic and marginalized sectors specified in RA 8425 and RA 9710
who most need to be capacitated to claim their rights.
RA 8425 (NAPC Basic Sectors) RA 9710 (Magna Carta of Women
Marginalized Sectors)
 Farmers and landless rural
workers
 Artisan fisher folk
 Urban poor
 Indigenous people and
cultural communities
 Workers in formal labor and
 Small Farmers and Rural
Workers
 Fisherfolk
 Urban Poor
 Indigenous Peoples
 Moro
 Workers in the Formal
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migrant workers
 Workers in the informal
sector
 Women
 Children
 Youth and students
 Senior citizens
 Persons with disabilities
 Victims of disasters and
calamities
 Non-governmental
organizations
 Cooperatives
Economy
 Migrant Workers
 Workers in the Informal
Economy
 Children
 Youth
 Senior Citizens
 Person’s with Disabilities
 Solo Parents
(3) To fulfill women’s rights through legal reforms
Introduce more legal reforms. As a State-party to the CEDAW, the Philippine
government is expected to pass gender-responsive laws, review, amend and/or repeal
existing laws that are discriminatory to women. These include the passage of new bills that
have been and are being lobbied by the PCW, women’s groups and other stakeholders under
its Women’s Priority Legislative Agenda.
Part of the agenda on legal reforms is to build a constituency by supporting the
formation of a core group of advocates who will be equipped to articulate the needed
reforms, and will engage lawmakers, policymakers and stakeholders in productive policy
discussions. Among the more controversial legislative concerns that have been brought to
the attention of the Philippine government by the CEDAW Committee in the 2006
Concluding Comments, include: the lack of a law on divorce; provisions in the Code of
Muslim Personal Laws (CMPL) that permit polygamy, arranged marriages, and marriage of
girls below 18 years old; and the Revised Penal Code’s (RPC) punitive approach to women
who undergo abortion.
D. Basis and process
Each of the thematic objectives in CEDAW Chapter of the PHRP II responds to
specific items raised by the CEDAW Committee in its Concluding Comments on the
Philippine government’s compliance to the treaty in 2006. Even before the PHRP II, most of
the concerns in the CEDAW Concluding Comments have, or were already being acted upon
by the Philippine government, with varying levels of success. The CEDAW-PHRP II
highlights the need to address a number of women’s issues that are perceived to be crucial
in building and sustaining an environment that respects, protects and fulfills women’s rights
as human rights. In the midst of many women’s rights concerns and given its own
limitations, the PHRP II preparation started in August 2008 with consultation-meetings
with stakeholders to help identify priorities. Nine consultations were held for this purpose -
-- four with concerned national agencies and women’s organizations, and five with GOs,
NGOs and LGUs in regional consultations.
The 2006 CEDAW Committee Concluding Comments is the main legal and policy
basis in the formulation of the priority rights agenda and the succeeding thematic objectives
of the PHRP II. Further, the PHRP II also addresses the following:
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(1) CEDAW and its General Recommendations;
(2) National laws that uphold women’s rights;
(3) Philippine Plan for Gender Responsive Development (PPGD) 1995-2025, and;
(4) Report on the Universal Periodic Review (UPR) by the UN Human Rights
Council.
Description of Thematic Objectives
The thematic objectives of the CEDAW chapter of the PHRP II are drawn from the
human rights agenda or issues presented earlier. At the same time, the CEDAW-PHRP II
draws from the core elements of the CEDAW: (a) gender equality; (b) non-discrimination;
and (c) state obligations. It is also built on the principles of the indivisibility and
interdependence of human rights. There are (3) thematic objectives that correspond to the
priority human rights agenda that were identified earlier. They are the following:
Thematic Objective 1: To enhance the capacity of the justice system to
effectively and efficiently implement existing laws which respect, protect, and fulfill
the rights of women against gender-based violence.
The scope of Thematic Objective 1 will be limited to the implementation gaps of the
following laws on gender-based violence or VAW:
(1) Anti-Violence against Women and their Children Act of 2004
(RA 9262);
(2) Anti-Sexual Harassment Law of 1995 (RA 7877);
(3) Anti-Rape Law of 1997 (RA 8353);
(4) Rape Victim Assistance and Protection Act of 1998 (RA 8505), and;
(5) Anti-Trafficking in Persons Act of 2003 (RA 9208).
While there are numerous agencies that support the implementation of these laws,
and operate systems that facilitate inter-agency cooperation for this purpose are not
wanting, Thematic Objective 1 of the PHRP II will be mainly focused on strengthening the
capacity of the justice system to effectively function as a redress mechanism for victims of
VAW. The justice system, as referred under Thematic Objective 1, is composed of the five
pillars of justice: (a) community – DSWD and DILG; (b) police – PNP and its affiliate
agencies; (c) prosecution – DOJ; (d) courts/judiciary – Supreme Court; and (e) penology-
Bureau of Corrections, Bureau of Jail Management and other similar offices of government.
Thematic Objective 2: To ensure the implementation of the provisions of the
MCW, and institute legal and administrative reform mechanisms in the national and
local levels that will enhance the implementation and monitor its progress
Thematic Objective 3: To raise the level of public awareness of duty bearers
and claimholders on the MCW and the CEDAW
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This objective will respond to the CEDAW Committee’s recommendation to
disseminate widely its Concluding Comments in order to make the people, including
government officials, politicians, parliamentarians and women’s and human rights
organizations, aware of the steps that have been taken to ensure de jure and de facto
equality of women, as well as the further steps that are required in that regard.”
Furthermore, the Committee requested the Philippine government to disseminate widely
the Convention, its Optional Protocol, and the Committee’s general recommendations.
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SECTION 1
Strategic Treaty Indicators
Thematic Objective 1: To enhance the capacity of the justice system to effectively
and efficiently implement existing laws which respect, protect and fulfill the
rights of women against gender-based violence
The following strategic treaty indicators are identified:
(1) Legislative, administrative and judicial measures for improving the
capacity of the justice system, and;
(2) National and local performance accountability mechanisms in the
justice system.
The accountable agencies under this thematic objective are the frontline
institutions that are mandated by the VAW laws to provide direct services to victim-
survivors of VAW. These are the Supreme Court and the Inter-agency Council on
Violence Against Women and Their Children (IACVAWC) and the Inter-agency Council
against Trafficking (IACAT) member agencies which include among others the
Department of Social Welfare and Development (DSWD), Department of Justice (DOJ),
Department of the Interior and Local Government (DILG), Philippine National Police
(PNP), National Bureau of Investigation (NBI), as well as the Bureau of Jail Management
and Penology (BJMP) and Bureau of Corrections (BuCorr). They also include the 10
priority provinces and their cities/municipalities. These agencies correspond to the five
pillars of justice, namely, the: (a) community; (b) police; (c) prosecution; (d)
courts/judiciary; and (e) penology.
Thematic Objective 2: To ensure the implementation of the provisions of the
MCW, and institute legal and administrative reform mechanisms at the national
and local levels that will enhance the implementation and monitor its progress.
The following strategic treaty indicators are identified:
(1) Administrative policies of concerned implementing agencies are in
place;
(2) Mechanisms for the implementation and monitoring of the MCW are
in place at all levels;
(3) Commitment of accountable government agencies to undertake a
vigorous legislative advocacy program to support the passage of pro-
women bills, among which include:
(a) Anti-Prostitution Bill;
(b) Marital Infidelity Bill;
(c) Reproductive Health Bill;
(d) Magna Carta of Workers in the Informal Sector;
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(e) Local Sectoral Representation Bill;
(f) Abolition of the Forgiveness Clause in the Rape Law;
(g) Review of punitive actions against women who undergo abortion;
and
(h) Amendment of PD 1083 or the Code of Muslim Personal Laws of
the Philippines (CMPL), which contains provisions that allow
polygamy, forced marriages and child marriages.
To support the above:
(1) A comprehensive knowledge database on the issues involved is
established through research and documentation to support the
legislative advocacy process;
(2) Rights-based discussion on the following laws that compromise the
protection and fulfillment of women’s human rights are initiated with
stakeholders groups: (i) CMPL provisions on child marriage, arranged
marriages, and polygamy; (ii) punitive actions versus women who
undergo abortion; and (iii) absence of a divorce law;
(3) Organized policy advocacy groups composed of government
organizations (GOs) and Civil Society Organizations (CSOs) are
supported and strengthened; and
(4) Pro-women bills filed in the legislature progressively gain support
from lawmakers, and are voted into law.
Under Thematic Objective 2 of the CEDAW Chapter of the PHRP II, the accountable
agencies that will lead the advocacy or initiate policy debates on specific issues will be the
PCW, Commission on Human Rights of the Philippines (CHRP), Commission on Higher
Education (CHED), Department of Education (DepEd), Department of Labor and
Employment (DOLE), Civil Service Commission (CSC), DILG, Department of Health (DOH),
National Economic and Development Authority (NEDA), Department of Tourism (DOT),
Department of National Defense (DND), Armed Forces of the Philippines (AFP), National
Disaster Risk Reduction and Management Council (NDRRMC), National Anti-Poverty
Commission (NAPC) and Office of the Presidential Adviser on the Peace Process (OPAPP)
and for the advocacy for the Women’s Priority Legislative Agenda, the Philippine Congress
with technical expertise from the following executive agencies:
(1) PCW and DOJ for Anti-Prostitution Bill;
(2) DOJ and PCW for Marital Infidelity Bill;
(3) DOH, POPCOM, PCW and NAPC for the Reproductive Health (RH) Bill;
(4) DOLE and NAPC for the Magna Carta of Workers in the Informal
Sector;
(5) DILG for the Local Sectoral Representation Bill;
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(6) DOJ and PCW for the abolition of the forgiveness clause, increasing
the age of statutory rape, and other amendments in the Rape Law;
(7) Regional Sub-Committee on Gender and Development (RSCGAD) for
the revision of discriminatory provisions of the CMPL;
(8) DOH and POPCOM for punitive actions vs. women who undergo
abortion, and;
(9) DOJ and PCW for the lack of a Divorce Law.
The AFP will support the CEDAW Chapter of the PHRP II by effectively
implementing its identified mechanisms, linking at the AFPs policies and programs, in
order to achieve a gender responsive organization.
The BJMP will ensure the implementation of the Magna Carta of Women (MCW),
and institute administrative policies and mechanisms are in place at all levels that will
implement and monitor its progress.
Thematic Objective 3: To raise the level of public awareness of duty bearers and
claimholders on the MCW and the CEDAW
The following strategic treaty indicators are identified:
(1) Rights-based matrix of results on the implementation of MCW is
developed;
(2) Key agencies and their respective personnel have been capacitated in the
application of CEDAW General Recommendations and Concluding
Comments.
Under Thematic Objective 3, the accountable government institutions are the following:
PCW, Philippine Information Agency (PIA), DILG, Presidential Human Rights Committee
(PHRC), CHRP, DepEd, CHED, CSC, NEDA, Presidential Communications Operations Office
(PCOO), National Commission on Indigenous Peoples (NCIP), PNP, Supreme Court (SC), DOJ,
National Bureau of Investigation (NBI), DSWD, AFP, DND, Department of Labor and
Employment (DOLE), ARMM Regional Sub-Committee on Gender and Development (ARMM
RSCGAD), all training institutions of the government, and the LGUs of the 10 priority
provinces.
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SECTION 2
Thematic Baseline and Situationer
The Philippine government’s efforts to infuse CEDAW into governance has been
substantial, and reinforced by the adoption of gender mainstreaming as the strategy for
achieving women’s empowerment and gender equality. In 2006, the UN CEDAW
Committee welcomed the PPGD 1995-2025, the blueprint for action which translated
the CEDAW and the Beijing Platform for Action (BPFA) into policies, strategies,
programs, and projects. Despite the availability of enabling laws, policies and a
programmatic response to mainstream gender perspectives in the bureaucracy through
the Framework Plan for Women (FPW) a combination of implementation gaps,
customary laws and traditions, as well as evolving socio-cultural, economic and political
realities, pose numerous challenges to the task of protecting and fulfilling the rights of
women in the Philippines.
The CEDAW Chapter of the PHRP II seeks to address specific gender issues
within the next four years. Focus is given to priority issues identified during the PHRP II
consultation process, as well as those brought forth in the CEDAW Review in 2006 and
the Universal Periodic Review (UPR). The nature and contexts of the issues that the
CEDAW Chapter of the PHRP II will attempt to address are thematically categorized as
follows:
Thematic Objective 1
I. Violence against women
In 2006, the CEDAW Committee noted with appreciation the adoption of laws,
which contribute to the enhanced implementation of CEDAW. In the same report,
however, the CEDAW Committee expressed concern over the very slow implementation
of laws and the lack of progress in tracking national commitments and implementation
of framework plans. Among the identified obstacles that are perceived to deter women’s
realization of their right to be free from VAW include: (a) a poor understanding of their
own rights; (b) gender-insensitive handling of VAW cases by frontline social service
providers and law enforcers; (c) lack of opportunity, time and resources to access
redress mechanisms, from the time of reporting until the resolution of cases filed in
court; and (d) lengthy court proceedings, and the social stigma attached to victims of
VAW who report their cases. In other situations, there is also a lack of faith in the justice
system, which deters reporting. Moreover, there are traditions or cultural beliefs that
tend to allow rather than discourage gender inequalities that lead to VAW. These issues
point to the need to transform institutions and attitudes to convert de jure rights into de
facto reality so that women may fully realize their right to be protected from gender-
based violence.
The United Nations Declaration on the Elimination of All Forms of
Discrimination Against Women (1993) defines violence against women (VAW) as:
“any act of gender-based violence that results in, or is likely to result in, physical,
sexual or psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or private
life.”
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The prevalence of VAW is difficult to establish due to the lack of a unified
reporting mechanism that results in either double reporting or underreporting. But
frontline service workers share the observation that the incidence of violence, especially
those perpetrated by husbands or live-in partners, is still on the rise.
In 2010,the number of VAW cases reported to the police rose by 59.2 percent
from the 2009 report. VAW or gender-based violence can happen even in the domestic
sphere. Across a seven-year period from its implementation in 2004 to 2010, average
violations of Anti-Violence Against Women and Their Children Act of 2004(RA 9262)
ranked first at 44 percent among the different VAW categories. Although occurrence of
VAW is not confined to any social or economic class, its links to poverty and high
unemployment rates have been well-established in several studies. Thus, women in
marginalized sectors of society are most vulnerable to VAW.
Results from the 2008 National Demographic and Health Survey (NDHS) reveal
that one in five Filipino women aged 15-49 have experienced physical violence since age
15. Women who are living in poverty are most vulnerable to violence (29%). Those with
no education (26%) or have reached only primary education (27%) are almost twice as
likely as women who have college or higher education (14%) to have experienced
physical violence. The same survey showed that the likelihood of women experiencing
sexual violence likewise increased with lack of income and less education. Nine (9)
percent of women have experienced sexual violence. Women who are employed, those
who are divorced, separated, or widowed, and those living in rural areas are more likely
to have experienced sexual violence.
Institutional mechanisms in response to VAW have improved in the years that
followed the passage of laws on violence against women and children (RAs 9262, 9208,
8505, 8353, and 7877), and with the establishment of Women and Children’s Protection
Desks (WCPD) in police stations and barangay offices. The presence of NGOs that assist
women in crisis also helped address the needs of VAW victim-survivors. While victims’
access to legal remedies, and social and health assistance have been enhanced, there
still remain a number of obstacles that deter victim-survivors from coming out to report
gender-based violence.
These barriers include the lack of knowledge on the laws among many duty-
bearers who are expected to implement them, and the lack of qualified personnel to
handle VAW cases. For instance, many barangay officials have been known to respond
to requests for Protection Order by brokering reconciliation between a victim and her
perpetrator. Under RA 9262, duty bearers are clearly prohibited from mediating
between parties in recognition of the victim-survivor’s inability to properly negotiate at
an equal footing within an abusive relationship. The Rape Victim Assistance and
Protection Act of 1998 (RA 8505) requires that investigating police officers should be of
the same sex as the victim. But reports from the field show that this is not always
observed. Some social workers have been reported to be gender-insensitive in their
handling of VAW cases.
There is very low compliance to RA 7877 (Anti Sexual Harassment Act of 1995)
among school administrators and office managers who fail to initiate the formulation of
organizational policies on sexual harassment, or even create Committees on Decorum
and Investigation (CODI) that will act swiftly on complaints. Aside from problems
encountered during rescue, investigation and rehabilitation, there are obstacles to
seeking redress in the courts that discourage victim-survivors of rape, domestic
violence, trafficking, and sexual harassment from seeking legal remedies. Inefficient
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case management due mainly to case overload of courts, cause the lag between
reporting, trial, and actual conviction of perpetrators. Long drawn-out processes
suggest that the legal system does not prioritize crimes of VAW. This gives a
psychological and economic toll on the victim and her family, which becomes a
disincentive to seeking justice. When cases are tried, some judges lack an understanding
of the power relations that prevail in violent families and demonstrate gender
insensitivity in their appreciation of facts. The judges’ lack of understanding allows their
personal, “macho biases” to prevail, dimming the prospect of a fair trial. These factors,
along with social pressure, threats, poverty, and attractive offers to settle for
compensation, explain why many VAW victim-survivors desist from pursuing their
cases in the courtroom. Such conditions impede the fulfillment of the rights of victims to
justice under the courts of law and contribute to the expansion of a culture of impunity.
Thematic Objective 2
II. Gender inequality and discrimination against women
National laws that uphold gender equality between men and women are in
place. The 1987 Constitution guarantees the fundamental equality before the law of
women and men. Article II, Section 4 proclaims the State’s recognition of “the role of
women in nation-building, and shall ensure the fundamental equality before the law of
women and men.” RA 7192 or the Women in Nation Building Act, on the other hand,
declares the State’s recognition of the role of women in nation-building and instructs
government departments “to ensure the full participation of women in the development
process.”
Traditional practices and beliefs on gender roles persist. These tend to
undermine the attainment of gender equality and non-discrimination, and maintain
patriarchal attitudes and gender stereotypes. Correspondingly, the level of awareness
about MCW and CEDAW and other national laws that promote the rights of women is
low. Thus, knowledge and appreciation of MCW and CEDAW must be increased to lay
the foundation for building a culture of human rights.
The signing into law of the MCW is a response to the 2006 CEDAW Committee’s
Concluding Comments. The 2006 CEDAW Committee’s Concluding Comments cited as a
gap in the implementation of CEDAW, the absence of a legal definition of gender
discrimination in Philippine national laws, and the question of the applicability of
CEDAW in the Philippine judicial system. The passage of the MCW, seen to be the
translation of CEDAW into national legislation, provides for special protection for
women from the insidious effects of discrimination in the economic, social, and political
spheres and even in personal or private relationships. It shall be instrumental in
instituting affirmative actions that will promote gender equality and non-discrimination
in Philippine society.
The following are the specific issues, cited in the MCW that the PHRP II will monitor:
(1) Gender-based discriminatory practices in education and work
environments
The MCW outlaws the expulsion of female students and teachers who get pregnant
outside of marriage. When they are asked to leave school or work because of their
condition, they are denied of their right to education and work. There is no accurate data on
the actual number of pregnant women and girls who have been fired, expelled, suspended,
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or were barred from re-enrolling or renewing their contracts, mainly because the
women/girls and managers/school administrators prefer to keep such incidents under
wraps to avoid a scandal. Cases of this nature are widespread across the country, and are
observed to be more prevalent in institutions that are managed by faith-based groups who
invoke their academic freedom, and their right to exercise their religious and moral beliefs
to justify their exclusionary policies against pregnant employees and students.
The MCW also codifies non-discrimination in the entry and promotions of women in
the field of military, police and other similar services. This includes women’s equal
enjoyment of privileges and opportunities.
(2) Gender disparity in civil service management positions
While 1.31 million women make up the majority (58%) of the bureaucracy, they are
likely to be technical personnel (2nd level), while men are more likely to be clerks (1st
level) or managers/executives (3rd level). As of February 2011, the percentage of women
occupying Career Executive Service (CES) positions (3rd level positions) is 42.1 percent
which is slightly higher than the 41.3 percent reported in August 2010. The MCW provides
for the increase in the number of women in 3rd level positions in the civil service by
imposing a 50-50 percent quota for male and female appointees. This encourages duty
bearers to undertake affirmative action, or special measures that will level the playing field
so that women can compete for resources with the same leverage as men.
(3) Lack of women’s participation in public and political life
The CEDAW Committee Concluding Comments in 2006 called for the Philippine
government “to establish concrete goals and timetables and to take sustained measures,
including temporary special measures, in accordance with Article 4, Paragraph 1, of the
Convention and the Committee’s General Recommendation No. 25 on Temporary Special
Measures, to accelerate women’s equal participation in political and public life and ensure
that the representation of women in political and public bodies reflects the full diversity of
the population, particularly indigenous women and Muslim women. The Committee
recommends that “the State-party implement training programs and awareness-raising
campaigns to highlight the importance of women’s full and equal participation in leadership
positions at all levels of decision-making to the society as a whole.”
The following data show the lack of participation of women in political and
public life:
 Preliminary report (as of February 2011) of the May 2010 automated
national and local elections showed that around 18.4 percent of the elected
posts were won by women candidates, slightly higher than the 17 percent
in 2007. However, the share of women who actually voted to the total
number of registered voters who actually voted is slightly lower (49%)
compared with the 2007 results (50%) and 2004 results (51%);
 In the 2010 Senatorial election, there were 14 women who ran out of 61
candidates (23.0%), of which only two entered the top 12 winning senators
(16.7%). This brings the total number of women in the Senate to three (3)
out of 23 Senators1;
1
There are actually 24 seats in the Senate. One seat used to be occupied by then Senator Benigno C Aquino who is now
President.
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Convention on the Elimination of All Forms of Discrimination Against Women
14
 There are 48 women Representatives elected in the 15th Congress (2010
national election). They accounted for 21.6 percent of the total 222
Representatives as members of the Lower House. During the 14th Congress,
51 women had secured memberships in the House of Representatives
which was lower at 21.2 percent of the total 240 seats;
 A women’s rights organization has secured a partylist representation in
Congress since 2004;
 In the 2007 national elections, 21 party-list representatives were given
seats in the House of Representatives. Two of them were from a women’s
organization – Gabriela Women’s Party, which also won in the 2004
national elections;
 The participation of women in the judiciary is slightly increasing. In 2007,
32 percent of the total incumbent judges in the first and second level
courts, including Shari’a courts, were women. The figures have been
improving from 33 percent in 2008 and in 2009 to 34 percent in 2010;
In the Supreme Court, there were three women out of 15 justices in 2001;
four out of 15 in 2002; four out of 14 in 2003; five out of 15 in 2004; five out of 15 in
2007; and three out of 15 in 2010.
(4) Lack of social protection and safety nets for women who are victims
of natural calamities and the economic crisis in marginalized sectors
The 2006 CEDAW Committee Concluding Comments requested the
Philippine government “to evaluate the impact of the free trade agreements on the
socioeconomic conditions of women and to address women’s high unemployment rate
by creating new sustainable employment opportunities for those affected.” It also
encourages the State-party “to take measures that enhance the situation of women in
the informal economy.”
There is scant data on the effects of the global economic crisis on women,
especially on those who are poor and are engaged in livelihoods that are part of the
informal sector. There is also little information on the gender-specific effects of natural
disasters (flooding, typhoons, etc.) to women and men. However, it has been established
that women-headed households are most vulnerable to financial and natural disasters.
Policies and actions therefore should be able to improve marginalized women’s access
to social security and safety nets that will help them cope and recover.
(5) Women’s lack of access to reproductive health services
The 2006 CEDAW Concluding Comments urged the Philippine government
“to take concrete measures to enhance women’s access to health care, in particular to
sexual and reproductive health services, in accordance with Article 12 of CEDAW and
the Committee’s General Recommendation 24 on women and health. It suggested to the
Philippines to strengthen measures preventing unwanted pregnancies by making a
comprehensive range of contraceptives more widely available and without any
restriction, and by increasing knowledge and awareness about family planning.”
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Convention on the Elimination of All Forms of Discrimination Against Women
15
However, access to quality health services is hampered by high costs,
inefficiencies in health care management, and social and cultural barriers.
According to the 2006 Family Planning Survey, the maternal mortality rate
(MMR) remains alarmingly high. For every 100,000 live births, 162 women die during
pregnancy and childbirth, or shortly after childbirth. This means that an average of eight
(8) women die every day of pregnancy- and childbirth-related causes.
Poor pre-natal care can be fatal. Early childhood deaths are closely linked
with poor maternal health and nutrition, and inadequate access and quality to obstetric
care and services. The death of mothers seriously jeopardizes the life prospects of
surviving young children.
The availability of contraceptives is limited, especially in rural areas. The
2008 National Demographic and Health Survey indicated that 22 percent of married
Filipino women of reproductive age had unmet family planning needs and encountered
barriers to limiting and spacing their pregnancies.
III. Legislative Reform
The CEDAW Committee recommends that the State-party undertake a
systematic review of all legislation and initiate necessary revisions, so as to achieve full
compliance with the provisions of CEDAW.
a) Anti-Prostitution
 The Philippines is duty-bound to implement the provisions of
CEDAW, specifically the UN CEDAW Committee's Concluding
Comments, which among others, urges the government to "take
appropriate measures to suppress the exploitation of the prostitution of
women, including the discouragement of the demand for prostitution;"
 The Philippines is committed to support the agreements from the
International Conference on Population and Development (2005),
which called for nations to promote: (i) responsible parenthood, (ii)
informed choice, (iii) birth spacing, and (iv) respect for life;
 Estimates on the number of prostituted persons in the Philippines
range from 300,000 to 500,000. This was approximately the size of
the manufacturing workforce (Coalition Against Trafficking in
Women, 1999);
 Most persons engaged in prostitution are women and young girls.
One out of four prostituted persons is a child (below 18 years old);
their numbers were estimated to range between 75,000 and 100,000.
The Philippines was the fourth among nine countries in the world
with the most number of prostituted children (Coalition Against
Trafficking in Women, 1999);
 Poverty is the oft-cited factor that led to the burgeoning number of
prostituted persons. More often than not, women and children
trapped into prostitution are also poor, uneducated, and have a
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Convention on the Elimination of All Forms of Discrimination Against Women
16
history of having been sexually abused. Many have been trafficked --
recruited, usually through deception, force or intimidation; and
forced or kept into prostitution through threats or actual acts of
violence, until such time when the victims start believing that there is
no other life for them outside of prostitution;
 Article 202 of the Revised Penal Code (RPC) penalizes prostituted
women who are defined to be "women who, for money or profit,
habitually indulge in sexual intercourse or lascivious acts” for the
crime of prostitution. Liability under this law does not extend to
those who run prostitution houses, or guard or manage the
prostituted women, and have limited application to pimps and
customers;
 A more recent approach to prostitution is to shift the focus from the
prostituted persons to those causing their prostitution --- recruiters,
pimps, bar owners and customers. Studies showed that where and
when there is a high demand for the sexual services of prostituted
persons, e.g., the presence of visiting military forces or a boom in sex
tourism -- there is an increased number of prostituted women and
children to serve the demand;
 Efforts to amend the laws on prostitution, namely Article 202
(Prostitution) and Article 341 (White Slave Trade) of the Revised
Penal Code (RPC) have been going on for almost three Congresses,
spanning a period of nearly nine years;
b) Marital infidelity
 The Philippines is duty-bound to implement the provisions of the
CEDAW, specifically the UN CEDAW Committee's Concluding
Comments, which urges the government to review existing policies
to remove discriminatory provisions in national legislation;
 Discrimination against women is evident in the laws covering
marital infidelity. It takes less evidence to prove a woman guilty of
being unfaithful to her husband, than it would take to prove a man
guilty of being unfaithful to his wife. The penalty is also harsher for
erring wives found guilty of adultery, which is Article 333 of the
Revised Penal Code (imprisonment of two to six years), compared to
husbands found guilty of concubinage Article 334 of the Revised
Penal Code (imprisonment of only six months to four years);
 This is beside the fact that husbands, more than their wives, are
likely to engage in sexual relations outside of marriage. A study
found (Gonzales 2003) that 36% of married men engage in extra
marital relations, as compared to only 2% of married women;
 Bills intending to revise Articles 333 and 334 of the Revised Penal
Code have been filed since the 13th Congress;
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Convention on the Elimination of All Forms of Discrimination Against Women
17
 The proposed revision to the existing law calls for a generic
definition of marital or sexual infidelity as a crime that is applicable
to both married women and men and imposes the same penalties for
offending parties for the same gravity of offense. The proposed bill
also applies to Muslims and members of indigenous communities
whose cultures allow for multiple spouses, and to those who engage
in sexual intercourse with any person other than their official
spouses recognized by their respective faiths and traditions. Other
women’s groups propose to simply repeal the two Articles and use
the Family Code for civil remedies.
c) Magna Carta for Workers in the Informal Economy
 House Bill 1955 or Magna Carta for Workers in the Informal Economy is
pending in Congress as of the 14th Congress. Its proponent is
Representative Dan Fernandez. In the Senate, legislation for workers of
the informal economy is supported by Senators Edgardo Angara, Miriam
Defensor-Santiago and former Senator Miguel Zubiri who filed earlier
versions of the bill. Women comprise the majority of the informal sector
and therefore it is no surprise that it is being pushed by women’s
organizations in the informal sector, among them, the PATAMABA. Parts
of the bill’s important features are:
 Promotion of gender equity and equality, and the protection of women
workers in the informal economy against gender-based discrimination,
exploitation and abuse; advancement of women’s social, economic,
political, and reproductive rights; and improvement of their access to
social protection and participation in decision-making bodies;
 Protection of vulnerable groups in the informal sector such as children,
persons with disabilities and those from ethnic communities from
discrimination, exploitation, abuse and harassment as well as from
performing work hazardous to their occupational, physical, mental,
emotional, reproductive and spiritual health, and;
 Progressive elimination of child labor in the informal sector through the
creation of more quality jobs for adults, effective enforcement of laws
against child labor, elimination of gender based discrimination against
girl child workers, improved access to universal education and social
protection, and elimination of cultural factors that tolerate and accept
child labor.
e) Women’s sectoral representation
 The Philippines is duty-bound to implement the UN CEDAW Committee's
Concluding Comments, which among others, urges the government to
accelerate women's equal participation in political and public life and
ensure that the representation of women in political and public bodies
reflects the full diversity of the population;
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Convention on the Elimination of All Forms of Discrimination Against Women
18
 In the Philippine election of 2007, women won only 53 out of 236 seats
(or 22%) in the Lower House, and only 4 out of 24 seats (16.7%) in the
Upper House (International IDEA and Stockholm University 2007);
 Women's performance in elections was as dismal in 2004 when the
average proportion of women in key elected posts was no more than 17
percent (COMELEC 1995-2004), and;
 The base of women's participation in local governance and political
decision making needs to be expanded. In local legislative bodies, women
comprised only 15 percent of Sanggunian councilors (COMELEC, 1992-
2001). Women's share of seats in the Philippine electoral politics remains
short of the global target of 30 percent (even 50% as per UNCSW), which
in some countries have been achieved by affirmative action, usually
expressed through quotas.
f) Reproductive health, responsible parenthood & population and
development
 The Philippines is duty-bound to implement the provisions of the
CEDAW, specifically the UN CEDAW Committee's Concluding Comments
(2006) and the UPR Report (2008), which urges the government to
enhance women's access to health care, including reproductive health
services, to address high maternal mortality rates, high fertility rates and
inadequate family Planning services;
 Philippine maternal mortality rate (MMR) remains high at 162 deaths for
every 100,000 live births. The National Statistics Office (NSO) fears that
the slow decline in MMR may cause the Philippines to miss its MDG target
of bringing down the MMR to 53 by the year 2015 (Family Planning
Survey 2006);
 Maternal deaths account for 14 percent of deaths among women.
According to the Commission on Population, 10 women die every 24
hours from pregnancy or childbirth-related complications (Popcom
2000);
 Twenty-nine infants of every 1,000 live births die before reaching one
year of age; 40 young children die before reaching five years of age (NSO,
NDHS 2003);
 Close birth spacing and high-risk pregnancies have been shown to be
closely related to childhood mortality (NSO-NDHS 2003);
 The Filipino woman's desired number of children is 2.5. However, the
actual fertility rate is 3.5 children or a difference of one child. This
difference is due mainly to the lack of information on and access to family
Planning services (NSO-NDHS 2003);
 Only 49.3 percent of women use any method of contraception, with the
use of the pill as the leading contraceptive method, followed by female
sterilization, and the calendar rhythm. Condoms, even though widely
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Convention on the Elimination of All Forms of Discrimination Against Women
19
distributed, accounted for only 1.9 percent of the total usage (NSO-FPS
2005);
 The unmet need for family planning averages 17.3 percent. Those
belonging to the poorest class have the highest unmet need for family
planning at 26.7 percent, consisting of those who want to space their
pregnancies (10.9%), and those who want to limit the number of their
children (15.8%). The current unmet need for contraceptives is 23.15
percent for poor women and 13.6 percent for women who are not poor.
(NSO-NDHS 2003);
 The use of modern family planning methods increases with the increase
in the level of education of women (NSO-NDHS 2003);
 Ninety-seven percent of all Filipinos believe it is important to have the
ability to control one's fertility or to plan one's family. It is significant to
note that 87 percent of the total respondents are Roman Catholics (Pulse
Asia Survey Feb. 2004);
 Past government administrations have attempted to address these
population and reproductive health concerns. However, their approaches
differed and changed, depending on the views of whoever holds the
leadership;
 From the 9th to the 11th Congress, Population Development bills have
been filed, focusing mainly on controlling population growth. It was only
in the 12th Congress that the reproductive health of women figured into
the discussions on population development. Population-related bills filed
in the 12th and 13th Congress already considered reproductive health
issues;
 The RH bills have consistently faced opposition from the Catholic Church
and groups allied to it. They dispute the benefits over the harm to social
morals that may result from the promotion of the use of artificial
contraceptives, and compulsory sexuality education for children. Catholic
dogma considers natural family planning methods as the only acceptable
and ethical/moral fertility management technology; and
 The lawmakers who have filed bills on reproductive health in the 14th
Congress are Rep. Edcel Lagman and Rep. Janette Garin in the House of
Representatives, and Sen. Rodolfo Biazon and Sen. Panfilo Lacson at the
Senate.
g) Forgiveness clause in the Anti-Rape Law
A forgiveness clause under the Anti-Rape Law nullifies the criminal dimension of
marital rape and its penalties and helps perpetuate the cycle of violence. Article 266-C of the
Anti-Rape Law of 1997 (RA 8353) states “In case it is the legal husband who is the offender,
the subsequent forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty.” Women’s advocates who oppose this provision contend that a
woman in a longstanding abusive relationship can be pressured into absolving her spouse
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Convention on the Elimination of All Forms of Discrimination Against Women
20
by patriarchal attitudes and beliefs which she herself may subscribe to or by the sheer
power over her by the abusive partner.
h) Polygamy, arranged marriage and early marriage in the Code of Muslim
Personal Laws
The CEDAW Committee in 2006 encouraged the Philippine government to
intensify dialogue with the Muslim community on the removal of discriminatory
provisions from Presidential Decree 1083 of 1997 or the Code of Muslim Personal Laws
(CMPL). The CMPL provisions that are perceived to be discriminatory to women are
those that permit polygamy, arranged marriages, and marriages below 18 years old.
For polygamy, the CMPL allows a man to marry as many as four wives as long as
there is consent from the first wife/wives and the bride is fully aware of his situation.
He must also prove his capacity to appropriate equal time, attention, and financial
support to each of his wives and their children. Consultations with Muslim women
revealed, however, that there are many cases wherein a man does not fully disclose his
real status and the prescribed prerequisites for marrying more than one woman are not
followed and the conditions are not met. This is partly due to poor public
documentation and government monitoring, which, in turn, leads to the psychological
and financial suffering of women married to men with multiple wives.
Arranged marriages, on the other hand, go against Article 16 of CEDAW, which
articulates that states should help ensure the right of women to “freely choose a spouse
and enter marriage only with their full consent.” The legal age to marry under the CMPL
is 15 years old for males, and at puberty for females. This is inconsistent with the Family
Code requirement of 18 years old (with parents’ consent). The concern over the young
marrying age allowed under the CMPL is based on provisions of the Convention on the
Rights of the Child (CRC), which classify individuals below 18 years as children.
Moreover, young girls are more likely to experience complications from
pregnancy and childbirth because they have not yet fully reached physical as well as
psychological maturity. All these have bearing on the country’s targets on reducing
maternal deaths. The Review of the Committee on the Convention of Economic Social
and Cultural Rights in 2009 also manifested its “regrets that the interpretation of the
provisions of the CMPL of the Philippines (PD No. 1083) permits polygamy and the
marriage of girls under the age of 18, and that forced marriages are still tolerated in
certain parts of the State party.” There are no ready statistics on the number of
polygamous, arranged and early marriages that were contracted through the CMPL.
Quantitative as well as qualitative information on the effects of these types of marriage
to Filipino women’s rights, particularly to women living under Muslim laws, still need to
be systematically collected so that they may be used as a basis for proposing policy
reforms.
i) Penalties for women who undergo abortion
Abortion is a criminal act in the Philippines that is punishable by imprisonment.
Articles 256, 258, and 259 of the RPC consider a woman who has undergone intentional
abortion as a criminal. The risk of death and infirmity from complications due to
clandestine abortion is high because it is unregulated and therefore mostly unsafe and
done by poorly trained practitioners in backdoor clinics. Due to such conditions, unsafe
abortion is the fourth leading cause of maternal deaths. Still, many women opt to go
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Convention on the Elimination of All Forms of Discrimination Against Women
21
through abortion. Of the 3.1 million pregnancies that occur each year, 15 percent are
said to result in induced abortions.
The number of women who undergo abortion may be increasing. A study by the
Guttmacher Institute in 1994 estimated the annual average abortion rate at 25 per
1,000 women. In 2000, the annual average rate of abortion increased to 27 per 1,000
women. There is need to understand why women still opt to have an abortion despite
its risks to health and of criminal liability.
The UN CEDAW Committee in 2006 recommended for the Philippine government
“to consider reviewing the laws relating to abortion with a view to remove punitive
provisions imposed on women who have abortions and provide them with access to quality
services for the management of complications arising from unsafe abortions; and to reduce
women’s maternal mortality rates in accordance with the Committee’s general
recommendation 24 on women and health and the Beijing Declaration and Platform for
Action.”
j) Lack of a law on divorce
Divorce is permitted under the CMPL. But the CMPL does not apply to majority
of Filipinos who are Christians and who are governed by the Family Code, which has no
provision for divorce. The remedies for failed marriages are restricted to legal
separation and annulment (Article 36 of the Family Code). The Women’s Legal Bureau,
an NGO, laments its limitations: “The remedies for declaration of nullity and annulment
do not cover the problems that occur during the exercise of marriage, legal separation,
on the other hand, while covering problems during the marriage, does not put an end to
marriage.” The increasing number of petitions for annulment is indicative of its
significance to persons with failed marriages who have the need to settle property and
custody issues; and who carry the desire to legally disengage from a union, and
eventually earn their freedom to remarry.
The UN CEDAW Committee in 2006 expressed its concern over the lack of a law
on divorce in the Philippines and urged the Philippine government “to introduce and
support vigorously legislation, which permits divorce, allows women to remarry after
divorce, and grants women and men the same rights to administer property during
marriage and equal rights to property on divorce. It also recommended that women be
granted the right to initiate divorce on the same terms as men.” Even the Concluding
Comments of the ICESCR in November 2008 recommended that “the State party adopt
legislation recognizing the right of men and women to divorce, to obtain the legal
severance of marital ties and to remarry after divorce.” Several bills on divorce have
been filed in Congress since 1999 but each time the bills encountered stiff opposition
from church based groups. The latest was House Bill 3461 by Reps. Liza Maza and
Luzviminda Ilagan of the Gabriela Party List. A divorce law may take a long time coming
but a divorce law can provide protection to battered women and their children from
further abuse.
Thematic Objective III
IV. Lack of public awareness on the CEDAW
There has been no study to measure the level of public awareness on the
CEDAW. However, nearly 30 years after the Philippines became a party to the same,
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Convention on the Elimination of All Forms of Discrimination Against Women
22
experience confirms what feminist advocates already know: very few Filipinos are
aware of the CEDAW and its implications.
In shifting from a needs-based to a rights-based approach to development, it is
imperative for duty bearers to possess knowledge on the CEDAW and gain the
necessary skills to apply it in governance. Concurrently, claim holders need to be
familiar with the Convention to be able to assert their rights. The PCW has provided
guidance to government units in promoting increased awareness on the Convention
through commemorative events (i.e., Women’s Month) and campaigns (i.e., 18 Day
Campaign to End VAW). Development partners such as the United Nations Development
Fund for Women or UNIFEM supported training programs to deepen knowledge on the
CEDAW among women advocates. However, awareness raising activities need to be
scaled up into human rights educational activities that are institutionalized into regular
training programs of government institutions if a greater impact is desired.
The signing of MCW, as the national translation of CEDAW in 2009, and the MCW
Implementing Rules and Regulations (IRR) in 2010, herald a much needed information
and education campaign to raise public awareness of claimholders on the landmark law
and promote its implementation by concerned institutions as duty bearers.
Table 6.1. Situation Matrix
Human Rights Issues Duty Bearers Claim Holders
1. State is unable to fulfill
the rights of VAWC victims
due to implementation gaps
in the laws on intimate
partner violence, rape,
sexual harassment and
human trafficking, namely:
 lack of coordination
among concerned
agencies,
 inadequate capacity
and the lack of
willingness among
frontline service
agencies/ workers
to assist VAW
complainants;
 poor quality of
facilities;
 absence of
functional
monitoring and
evaluation
mechanisms and
processes to
measure progress
vs. VAW or the lack
of it;
Supreme Court and
IACVAWC and IACAT
member agencies, namely:
PNP, DILG, PNP, DOJ, NBI,
DSWD, and the PCW.
Includes other agencies
such as: BJMP, BC and
OPAPP, LGUs
 Women
victims of
domestic
violence,
domestic
and
internation
al
trafficking,
and sexual
assault.
 Economica
lly
disadvanta
ged
women,
rural
women
 Indigenous
women
 Women in
conflict
areas
 Women in
detention
 Women
with
disabilities
 Women
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Convention on the Elimination of All Forms of Discrimination Against Women
23
Human Rights Issues Duty Bearers Claim Holders
 gender-insensitivity
of duty bearers,
 lack of political will
among leaders,
 inadequate
resources,
 legal loopholes,
 low level of
convictions in the
case of trafficking
 low level of
satisfaction over
how the courts
dispense of justice in
VAW cases
The rights involved are:
(CEDAW)
Arts 1, 2, 5 : The right to
non-discrimination;
Art. 6: The right to be
protected from trafficking
and prostitution;
Art 11: The right to safe
working conditions;
Art.15: The right to equality
before the law;
GR9: Documentation and
collection of data on the
status of women;
GR19. Grave abuses against
migrant women;
GR26.
living
under
Muslim
laws
 Ageing
women
(Older
women or
elderly
women)
2. Gender-based
discrimination persists
 Expulsion of
pregnant unmarried
girls and women
from school and the
workplace;
 More males than
PCW, DOJ, DOH, POPCOM,
DOLE, DILG, Regional Sub-
Committee on Women of
the ARMM, CHED, DEPED,
State Colleges and
Universities, CSC, Public
Schools
PCUP, NDCC, DND, NCDP,
 Women students
 Employed
women
 Women in the
police and
military
 Women in civil
service
 Rural women
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Convention on the Elimination of All Forms of Discrimination Against Women
24
Human Rights Issues Duty Bearers Claim Holders
females are
recruited/promoted
in the civil service,
and in the military
and police;
 More females than
males in local
development
councils
 Gender perspectives
are not integrated
into local
development Plans
 High maternal
mortality rate
 Lack of social
protection and
safety nets for
women in
marginalized sectors
who are victims of
natural calamities
and the economic
crisis.
The rights involved are:
(CEDAW)
Art.3: Right to equal
opportunities to full
development and
advancement;
Art 4: Art 7: the right to
non-discrimination in
political and public life;
Art 10: the right to
education;
Art 11: the right to
employment;
Art 13: the right to non-
discrimination in economic
and social life;
Art 16: The rights to equal
treatment and non-
discrimination in marriage
POEA, NAPC
LGUs
 Women in the
informal sector
 Women victims
of the global
economic crisis
and natural
disasters
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Convention on the Elimination of All Forms of Discrimination Against Women
25
Human Rights Issues Duty Bearers Claim Holders
and family relations;
Art 4, GR5, GR23, 24, 25:
State Obligation to institute
special measures/
affirmative action;
GR 6: Strengthen the
national machinery on
women
3. The national legal
framework is not fully
harmonized with the
CEDAW.
 Some laws promote
rather than
discourage gender
based inequality and
discrimination;
 Absence or lack of
laws that guarantee
women’s equal
enjoyment of rights.
The rights involved are:
(CEDAW):
Right to equal protection
and non-discrimination
(Art2);
Right against sexual
exploitation (Art6);
Right to Political
Participation (Art7);
Right to Work (Art.11);
Right to health (Art12 &
GR21);
Right to freely choose a
spouse and enter marriage
only with their full consent
(Art16)
PCW, DOJ, NEDA, DOH,
POPCOM, DOLE, DILG
JELAC, LEDAC, Congress,
Senate
 Women in
prostitution
 Women domestic
helpers
 Women living
under Muslim
laws
 Women in violent
and/ or failed
relationships/
marriages
 Women of
reproductive
ages
4. Lack of awareness on PCW, PIA, DILG, PHRC, All women and men
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Convention on the Elimination of All Forms of Discrimination Against Women
26
Human Rights Issues Duty Bearers Claim Holders
CEDAW
The right to information.
Art 5, GR3 The role of
education and public
information programs to
reduce stereotypical
representations of women;
GR6: The right to
information on the CEDAW
Concluding Observations
CHR, DepEd, CHED, Office of
the Press Sec., ARMM RCW
PNP, SC, DOJ, NBI, DSWD
AFP, DND, DOLE, NEDA
CSC, NSDB
All other govt. training
institutions
LGUs
League of Provinces
League of Cities,
Leagues of Municipalities,
Liga ng mga Barangay
PhilJA
SC--CGRJ
Congress
Senate
CSOs: IBP, professional
organizations
Private business: media
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SECTION 3
Thematic Performance Targets
Thematic Objective 1: To enhance the capacity of the justice system to effectively
and efficiently implement existing laws which respect, protect and fulfill the
rights of women against gender-based violence
In the medium term, priority legislative, administrative and judicial measures
and mechanisms should have been instituted towards improving the administration of
justice that promote and protect the rights of women.
Strategic indicator 1: Legislative, administrative and judicial measures for improving the
capacity of the justice system in handling gender issues and concerns.
Strategic indicator 2: Gender-responsive national and local performance accountability
mechanisms in the justice system.
The annual targets:
2012- Baseline studies on gender-based policies, decisions, practices,
systems, and procedures; setting up of gender-responsive
performance accountability mechanisms at the national and local
levels for monitoring of the implementation of the MCW results
matrix;
2013 – 2014- Legislative, administrative and judicial measures involving the
implementation of the 5 priority laws;
2015 – 2016- Accountability mechanisms, gender-sensitive decisions increased.
Thematic Objective 2: To ensure the implementation of the provisions of the MCW,
and institute legal and administrative reform mechanisms in the national and local
levels that will enhance the implementation and monitor its progress
In the medium term legal and administrative reforms and mechanisms should
have been developed and implemented for the implementation of the MCW at the national
and local levels.
Strategic indicator 1: Administrative policies of concerned implementing agencies.
Strategic indicator 2: Mechanisms for the implementation and monitoring of the MCW
are in place at all levels.
The annual targets:
2012- Functional GAD focal points
 Inventory/baseline of policies, programs and mechanisms
per agency
 Gender audit, assessment, planning, analysis, budgeting,
implementation and monitoring of frontline MCW-
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implementing agencies and selected LGUs (number to be
targeted)
2013- 20% completion of gender audit, analysis, assessment,
planning, budgeting, implementation and monitoring of
policies of frontline MCW-implementing agencies and
selected LGUs (number to be targeted);
2014- 20% completion of gender audit, analysis, assessment,
planning, budgeting, implementation and monitoring of
policies of frontline MCW-implementing agencies and
selected LGUs (number to be targeted);
2015- 20% completion of gender audit, analysis, assessment,
planning, budgeting, implementation and monitoring of
policies of frontline MCW-implementing agencies and
selected LGUs (number to be targeted);
2016- 20% completion of gender audit, analysis, assessment,
planning, budgeting, implementation and monitoring of
policies of frontline MCW-implementing agencies and
selected LGUs (number to be targeted).
Thematic Objective 3: To raise the level of public awareness of duty bearers and
claimholders on the MCW and the CEDAW
In the medium term, a comprehensive MCW information campaign plan shall be
developed and an increased awareness on the provisions of the MCW at the national and
local levels.
Strategic indicator 1: Rights-based matrix of results on the implementation of MCW.
The annual targets:
2012- 20 % completion of actual campaign on MCW by the identified
accountable agencies;
2013- 20 % completion of actual campaign on MCW by the identified
accountable agencies;
2014- 20 % completion of actual campaign on MCW by the identified
accountable agencies;
2015- 20 % completion of actual campaign on MCW by the identified
accountable agencies;
2016- 20 % completion of actual campaign on MCW by the identified
accountable agencies.
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Table 6.2. Performance Targets
Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement
existing laws which respect, protect and fulfill the rights of women against gender-based violence
Strategic Treaty Indicator Medium-Term Target Annual Target
Strategic indicator 1
Legislative, administrative
and judicial measures for
improving the capacity of
the justice system
Strategic indicator 2
National and local
performance accountability
mechanisms in the justice
system.
50% implementation of
legislative, administrative and
judicial measures of the
priority laws
Setting up of performance
accountability mechanisms at
the local levels for monitoring
of the implementation of the
MCW results matrix
50% increase in accountability
mechanisms and gender-
sensitive decisions
2013- 2014 -Legislative,
administrative and judicial measures
involving the implementation of the 5
priority laws
2012 - Baseline studies on gender-
based policies, decisions, practices,
systems, and procedures; setting up of
performance accountability
mechanisms at the national and local
levels for monitoring of the
implementation of the MCW results
matrix,
2016 - Accountability mechanisms,
gender-sensitive decisions increased
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Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and
administrative reform mechanisms in the national and local levels that will enhance the implementation
and monitor its progress
Strategic Indicator Medium-Term Target Annual Target
Strategic indicator 1
Administrative policies of
concerned implementing agencies
Strategic indicator 2 Mechanisms
for the implementation and
monitoring of the MCW are in place
at all levels;
Institutionalization of
functional GAD Focal
Point System in all line
agencies mandated to
implement the MCW
20% Completion of
gender audit, analysis,
assessment, planning,
budgeting,
implementation and
monitoring of policies of
frontline MCW-
implementing agencies
and selected LGUs
agencies
2012 - Functional GAD focal points.
Inventory / baseline of policies,
programs and mechanisms per
agency
Gender audit, assessment, planning,
analysis, budgeting, implementation
and monitoring of frontline MCW-
implementing agencies and selected
LGUs (number to be targeted)
2013 - Gender audit,
analysis, assessment, planning,
budgeting, implementation and
monitoring of policies of frontline
MCW-implementing agencies and
selected LGUs (number to be
targeted)
2014 – Gender
audit, analysis, assessment, planning,
budgeting, implementation and
monitoring of policies of frontline
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MCW-implementing agencies and
selected LGUs (number to be
targeted)
2015 – Gender
audit, analysis, assessment, planning,
budgeting, implementation and
monitoring of policies of frontline
MCW-implementing agencies and
selected LGUs (number to be
targeted)
2016 – Gender audit, analysis,
assessment, planning, budgeting,
implementation and monitoring of
policies of frontline MCW-
implementing agencies and selected
LGUs (number to be targeted)
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Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW
and the CEDAW
Strategic Indicator Medium-Term Target Annual Target
Strategic indicator 1 Rights-based
matrix of results on the
implementation of MCW
Development of a
comprehensive MCW
information campaign
plan
2012 - Policy commitments of
accountable government agencies
to conduct public information
campaigns on the MCW;
- Actual conduct of information
campaigns in selected sectors
(indicate modalities, coverage and
reach)
Increased awareness on
the provisions of the
MCW at the national and
local levels
2013 - 20 % completion of actual
campaign on MCW by the identified
accountable agencies
2014 – 20 % completion of actual
campaign on MCW by the identified
accountable agencies
2015 - 20 % completion of actual
campaign on MCW by the identified
accountable agencies
2016 – 20 % completion of actual
campaign on MCW by the identified
accountable agencies
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SECTION 4
Program of Action
Programs, plans, and activities (PAPs) to implement the PHRP II are outlined in
this section per thematic objective, and by strategic treaty indicators. Implementing the
CEDAW Chapter of the PHRP II lies mainly on the identified agencies of the executive
branch of the government. Although it is important to note that the legislative and
judiciary are indispensable partners to its success. The PHRP II will monitor the
performance of the SC-Committee for Gender Responsiveness in the Judiciary (SC-
CGRJ) and shall make representations to the committees and members of Congress and
the Senate by supporting advocates who will lobby for the passage of bills that uphold
women’s rights. Implementation of the PAPs envisioned in this plan may be grouped
and summarized as follows:
a) Capacity building
 Skills training. The PHRP II will design and execute training programs to
enhance skills of government workers or “first responders” that are in the
frontline of VAW-related services. Rights-based and gender-sensitive
approaches will be infused into technical know-how to ensure duty bearers’
competency as well as empathy to VAW victims whose rights need to be
respected and protected;
 Public forums and other mass communications strategies to broaden duty
bearers and claim holders’ knowledge and perspectives on women’s human
rights will be organized. Customary laws and practices being the most
ubiquitous and enduring vessels of patriarchal traditions, the PHRP II shall
open spaces for productive discussions that challenge oppressive and
discriminatory attitudes towards women. Debates on highly controversial
topics such as divorce, decriminalization of abortion, and the practice of child
marriage, arranged marriage, and polygamy under the CMPL are among the
topics that will be subject of these public forums. Simultaneously, public
events may also be used to feature the gains and promises of gender equality
and women empowerment. By highlighting positive changes, commemorative
events on women’s empowerment become an ideal venue for human rights
education. Print, broadcast, television and various forms of media are suitable
complements for this purpose and will be tapped extensively.
b) Research and documentation
 Research studies will be undertaken for policy formulation and legal review. It
will help identify policy gaps in laws that need to be remedied, deepen gender
analysis on human rights issues, and draw up evidence for legislative
advocacy. The baseline data gathered from studies that are implemented
under the plan will be useful in monitoring and evaluating its progress of
work;
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 Setting up of an electronic database for tracking and monitoring VAW
complaints will generate useful data for planning appropriate interventions
that aim to improve the responsiveness of VAW programs.
c) Service delivery
 The PHRP II sets up the hardware and software to improve anti-VAW services
such as building infrastructure (family courts, women’s clinics, committees on
decorum and investigation), provide the goods through welfare programs for
extremely marginalized women, and institute changes through policies
(transforming court processes, introducing affirmative action measures to
achieve gender equity in entry, promotions and safety of women.)
d) Networking
 Some of the PAPs in the PHRP II consciously aim to build alliances and
linkages that are necessary in pursuing advocacies, resource mobilization, and
harmonizing the outcomes from various initiatives to produce greater impact
in the social environment. The PHRP II is attuned with other interagency plans
such as those of the interagency committees on VAWC and human trafficking
(IACAT).
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Table 6.3. Programs/ Activities/ Projects
Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which
respect, protect and fulfill the rights of women against gender based violence
Performance Targets Programs/
Activities/ Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual Targets Duty-Bearers Claimholders
Priority
legislative,
administrative,
and judicial
measures, and
performance
accountability
mechanisms
should have
been instituted
towards
improving the
administration
of justice that
promote and
protect the
rights of women
2012 - Baseline
studies on
gender-based
policies,
decisions,
practices,
systems, and
procedures;
setting up of
performance
accountability
mechanisms at
the national and
local levels for
monitoring of
the
implementation
of the MCW
results matrix
2013- 2014 -
Legislative,
administrative
and judicial
Review or conduct
inventory of policies,
decisions, practices,
systems, and
procedures to improve
the capacity of the
justice system and in
making it more gender-
responsive
Review and
development of
strategic plans of VAWC
Laws
Philippine
Senate, House of
Representatives,
Supreme Court,
Sandiganbayan
and most
IACVAWC and
IACAT member
agencies which
include PNP,
PCW, DILG, DOJ,
NBI, DSWD,
BJMP and
Bureau of
Corrections
2nd Quarter,
2012
2nd Quarter
2013- 2nd
Quarter 2014
1. Baseline
report on the GAD-
related policies,
decisions, practices
and mechanisms in
the justice system
2. Gender-
responsive
Performance
accountability
mechanisms at the
national and local
levels for monitoring
of the implementation
of the MCW results
matrix
3. Strategic Plan
of the Inter-Agency
Council on Violence
Against Women and
Their Children
(IACVAWC)
4. Strategic Plan
of the Inter-Agency
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Performance Targets Programs/
Activities/ Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual Targets Duty-Bearers Claimholders
measures
involving the
implementation
of the 5 priority
laws
2016 -
Accountability
mechanisms,
gender-sensitive
decisions
increased
Council Against
Trafficking in Persons
(IACAT)
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Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and
administrative reform mechanisms in the national and local levels that will enhance the implementation and
monitor its progress
Performance Targets Programs/
Activities/
Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual
Targets
Duty-Bearers Claimholders
Institutionalization of
functional GAD Focal
Point System in all line
agencies mandated to
implement the MCW
Gender audit results for
frontline MCW
implementing agencies
2012
Functional
GAD focal
points
Inventory/base
line of policies,
programs and
mechanisms
per agency
20%
completion of
gender audit,
analysis,
assessment,
planning,
budgeting,
implementatio
n and
monitoring of
policies of
frontline
MCW-
implementing
agencies and
selected LGUs
1. Conduct of
inventory of
policies,
programs and
mechanisms on
GAD per agency;
2.
3. Issuance of the
GAD Focal Point
System;
4.
5. Policy
6. Issuance of the
revised
Guidelines on the
preparation of
GAD Plan and
Budget and
Accomplishment
Report
7.
8. Creation and/or
strengthening of
GAD Focal Point
Systems in
frontline MCW-
implementing
All agencies
spearheaded by
PCW together
with oversight
agencies such as
CHR, CHED,
DepEd, DSWD,
DOLE, CSC,
DILG, DOH, DOJ,
NEDA, DND,
NAPC and
OPAPP
2nd Quarter,
2012
3rd Quarter,
2012
4th Quarter,
2012
1st Quarter,
2013
1 Inventory of
policies, programs
and mechanisms on
GAD per agency
2 GAD Focal
Point System Policy
per agency
3 Guidelines on
the preparation of
GAD Plan and Budget
and Accomplishment
Report
4 Strategic Plan
on the conduct of
gender audit to
frontline MCW
implementing
agencies and selected
LGUs
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Performance Targets Programs/
Activities/
Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual
Targets
Duty-Bearers Claimholders
2013 - 20%
completion of
gender audit,
analysis,
assessment,
planning,
budgeting,
implementatio
n and
monitoring of
policies of
frontline MCW-
implementing
agencies and
selected LGUs
2014 - 20%
completion of
gender audit,
analysis,
assessment,
planning,
budgeting,
implementatio
n and
monitoring of
policies of
frontline MCW-
implementing
agencies and
selected LGUs
agencies
9.
Development of
a strategic plan
on the conduct of
gender audit to
frontline MCW
implementing
agencies and
selected LGUs
(scheduling and
prioritization of
agencies and
LGUs)
2nd Quarter,
2013 – 4th
Quarter, 2016
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Performance Targets Programs/
Activities/
Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual
Targets
Duty-Bearers Claimholders
2015 – 20%
completion of
gender audit,
analysis,
assessment,
planning,
budgeting,
implementatio
n and
monitoring of
policies of
frontline MCW-
implementing
agencies and
selected LGUs
2016 - 20%
completion of
gender audit,
analysis,
assessment,
planning,
budgeting,
implementatio
n and
monitoring of
policies of
frontline MCW-
implementing
agencies and
selected LGUs
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Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders
on the MCW and the CEDAW
Performance Targets Programs/
Activities/
Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual Targets Duty-Bearers Claimholders
Development of a
comprehensive MCW
information campaign
Plan
Increased awareness
on the provisions of
the MCW at the
national and local
levels
2012 - Policy
commitments of
accountable
government
agencies to
conduct public
information
campaigns on
the MCW
Actual conduct
of information
campaigns in
selected sectors
(indicate
modalities,
coverage and
reach)
2013 – Actual
conduct of
information
campaigns in
selected sectors
(indicate
modalities,
coverage and
reach)
2014 – Actual
conduct of
1. Issuance of
policy
commitments of
accountable
government
agencies to
conduct public
information
campaigns on
the MCW
2. Identification
and
prioritization of
women sectors
in which to
conduct public
information
campaign
3. Conduct of
national
women’s month
celebration with
CEDAW as
theme from
2006-2008;
4. Information
campaign and
documentation
by Women’s
Feature Service
for
All agencies
PCW, DSWD,
NAPC, NEDA
1st Quarter,
2012
2nd Quarter,
2012
1st Quarter,
2012
2nd Quarter,
2012 – 4th
1. Memorandum,
Announcement,
Department order or
any policy
commitments of
accountable
government agencies
to conduct public
information
campaigns on the
MCW
2. Documentatio
n of information
campaigns conducted
by agencies
3. Media Plan for
MCW public
awareness
4. Prioritization
Plan (which women
sector to prioritize) in
the conduct of
information campaign
5. Documentatio
n of Women’s Month
Celebration
6. MCW IEC
Materials
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Performance Targets Programs/
Activities/
Projects
Coverage Responsible Stakeholders Target
Date/s
Expected Outputs
Medium
Targets
Annual Targets Duty-Bearers Claimholders
information
campaigns in
selected sectors
(indicate
modalities,
coverage and
reach)
2015 - Actual
conduct of
information
campaigns in
selected sectors
(indicate
modalities,
coverage and
reach)
2016 – Actual
conduct of
campaign in
selected sectors
(indicate
modalities,
coverage and
reach)
implementation
of the 4-year
CEDAW
Philippine
program.
5. Conduct of
information
campaigns
6. Production of
IEC materials
7. Quad media
coverage
Quarter, 2016
2nd Quarter
2012- 4th
Quarter, 2016
2nd Quarter
2012 – 4th
Quarter 2016
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Section 5
Linkages with Other Development Initiatives and
Plans
A number of international and national initiatives closely intersect with the
CEDAW Chapter of the PHRP II. First, it is anchored on the Philippine government’s
global commitments to the Beijing Platform for Action in which governments are
regularly monitored on the progress of their interventions for women in 12 areas of
concern: poverty, education, health, violence, armed, and other conflicts, economic
participation, power sharing, and decision-making, national and international
machineries, human rights, mass media, environment and development, and the
protection of the girl child.
Women comprise half of the Philippine population and gender being a
crosscutting issue, the CEDAW-PHRP II also complements with the Philippine
government’s targets for attaining the MDGs. Although MDG 3 focuses on promoting
gender equality and the empowerment of women, the goal is also to ensure that gender
equality concerns cut across all the other MDGs. In addressing poverty and hunger,
conscious efforts must be made to target women and girls. MDG 5 about reducing
maternal mortality is clearly a women’s concern. Providing access to reproductive health
services must be a choice for women.
Aside from international instrumentalities, the CEDAW Chapter of the PHRP II
reflects the commitments of two (2) national plans on women. First, the Philippine Plan
for Gender-Responsive Development (PPGD) for 1995-2025, which took effect through
EO No. 273, is the blueprint for all actions aimed at mainstreaming gender into the
national development process. Moreover, it serves as the springboard for succeeding
national policies and initiatives that took on the issues of VAW, gender inequality and
discrimination. The PPGD is based on the Philippine Development Plan (PDP), the
development master plan of the Philippine government. Second, the Framework Plan for
Women, which is a time slice of the PPGD, invited for a more invigorated approach to
protect women’s human rights, increase women’s economic participation and strengthen
gender responsive governance.
Thematic plans of inter-agency committees that were formulated on the basis of
legal instruments signifying the Philippine government’s commitment to promote and
protect women’s rights are significantly related to the PHRP II. There are three, namely:
(1) IACVAWC which addresses violence within intimate-partner relationships; (2)
Interagency on Human Trafficking, and (3) the National Action Plan on the
implementation on UN Security Council Resolutions 1325 (Participation of Women in
Peace building) and 1820 (Ending systematic sexual violence in armed conflict), which
was prepared through the joint efforts of the PCW, OPAPP and several NGOs.
It is only logical that local plans embody national plans as well as international
commitments. Gender and Development (GAD) Plans that are prepared by government
agencies and LGUs are therefore expected to be aligned with the CEDAW-PHRP II.
The preparation of GAD plans and budgets that are governed by guidelines of the
DBM-NEDA-PCW Joint Circular No. 2004-1 requires synchronization between national
and local gender mainstreaming plans. In the advent of the implementation of a
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rationalized local planning system that will reduce the preparation of local plans to the
Comprehensive Development Plan (CDP), Comprehensive Land Use Program (CLUP), and
Annual Investment Plan, the impending localization of the CEDAW-PHRP II could ensure
that women’s rights and gender equality concerns will be integrated in these local
development plans.
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SECTION 6
Human Rights Capacity Building Plan
Crucial in the realization of the CEDAW Chapter of the PHRP II’s objectives is
the capacity of the duty bearers in the fulfillment of their roles and responsibilities
specified in the plan. Gaps were identified per process level, from the preparatory
phase down to the implementation, monitoring and review of the plan. Each process
level identified capacity gaps that need to be addressed together with the required
competencies and corresponding capacity building activities to be conducted for the
duty bearers.
The Human Rights Capacity Building Plan shall not only equip the duty
bearers and other frontline service providers in doing their roles and responsibilities
under the CEDAW-PHRP II but it shall also complement them the needed capacities in
mainstreaming gender within their respective agencies, and in the development and
implementation of other relevant plans on women (i.e. Women Empowerment,
Development and Gender Equality or the WEDGE Plan). (Kindly refer to the table on
the following page.)
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Table 5.4. Human Rights Capacity Building Plan
PHRP
PROCESS
DUTY-BEARERS ROLES &
RESPONSIB
ILITIES
REQUIRED
COMPETENCE
CAPACITY GAPS CAPACITY
BUILDING
ACTIVITES
COMPLETION
TARGET DATE
RESOURCE
REQUIRE-
MENTS
Preparatory Thematic Cluster
government
members
Draft
Thematic
Plans
Appreciation of the
Gender and development
(GAD) perspective
Knowledge of Gender
mainstreaming skills
Familiarity with other HR
instruments and
international
commitments (i.e., UN
Security Council
Resolution 1325 on
Women, Peace and
Security)
Inability to recognize
gender issues within
the human rights
discourse, and how
these affect
achievement of
development goals.
Five-day Live-in
Trainors’
Training on GAD,
MCW, CEDAW,
HR & HRBA
Follow-up
mentoring
sessions
2012, 1Q P 500,000
3000x5days
x35pax
Adequate understanding
of the CEDAW and its
practical application
Familiarity with previous
CEDAW Country Reports
and Concluding
comments
Shadow Reports.
Limited knowledge of
CEDAW and/or lack of
skills on how it may be
mainstreamed into
their organization’s
programs
Insufficient knowledge
of other HR
instruments and their
interconnection to
CEDAW.
Ability to apply tools in
National Action Planning
and the Results Based
Approach (HRBA)
Familiarity with other
related development
plans
Lack of skills in
harmonizing various
plans with gender
equality and
empowerment goal
Development Thematic Cluster
government
members
Develop
Thematic
Plans
Conduct
consulta-
tions
Clear grasp of women’s
issues in human rights
High level of familiarity
with the home
organization’s priorities
and future plans.
Inadequate technical
skills in planning and
development
Series of
Consultation
meetings and
coaching sessions
2012, 2Q P 50,000
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PHRP
PROCESS
DUTY-BEARERS ROLES &
RESPONSIB
ILITIES
REQUIRED
COMPETENCE
CAPACITY GAPS CAPACITY
BUILDING
ACTIVITES
COMPLETION
TARGET DATE
RESOURCE
REQUIRE-
MENTS
Develop a
Monitoring
and
Evaluation
(M&E)
System for
the PHRP II
Finalize the
PHRP-
CEDAW
Cluster and
present for
approval by
cluster
members
Knowledge in setting
success indicators and
targets, and designing
M&E systems
Lack of technical
knowledge in
gendered M&E design
(this topic will be
incorporated in
consultations
above)
2012, 3Q (included in
budget
stated
above)
Implementa-
tion
Members of
CEDAW Thematic
Cluster
Concerned
Congressional
Committees
Judiciary
Conduct of
Planned
programs/p
rojects/acti
vities
Ability to harness human
and financial resources
efficiently
Good organizing skills
Results-orientation
Lack of gender
sensitivity among
implementors
Lack of experience on
HRBA application
Inadequate advocacy
and networking skills
to be able to gather
support for programs
Lack of PCW
personnel, no regional
field offices
Roll-Out training
on GAD, MCW,
CEDAW & HRBA,
plus advocacy
and monitoring
skills
2012, 4Q P 1,500,000
3000x5days
x35pax x
3major
island
groups
Production and
distribution of an
PHRP-CEDAW
implementors
manual / quick
reference guide
2012, 4Q P 100,000
Monitoring PCW
PHRC
Members of
CEDAW Thematic
Cluster
Monitor
implementa
tion of
PHRP
programs/
project/acti
vities
Conduct of
monitoring
& evaluation
Preparation
&
submission
of progress
reports
Monitoring and Evaluation
skills
Data Collection, Analysis
and Interpretation
Report Writing Skills
Lack of PCW
personnel, no regional
field offices
Regular coaching,
mentoring
sessions, and
monitoring
sessions with
focal persons of
implementing
institutions
2012-2016 P 200,000
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter
Chapter 6: CEDAW Chapter

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Chapter 6: CEDAW Chapter

  • 1. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 1 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Introduction The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the first and only international treaty that comprehensively addresses the human rights of women. It is also known as the International Bill of Rights for Women. The United Nations General Assembly (UNGA) adopted CEDAW three decades ago on December 18, 1979 and since then it has been ratified by 186 countries, including the Philippines. The CEDAW was signed by the Philippine government on July 17, 1980 and ratified by the Senate on July 19, 1981. By signing as a State-party to the CEDAW, the government acknowledged the existence of gender inequalities in the Philippine society that result in discrimination against women. It also signified the State’s commitment to stop discrimination against women. Discrimination against women is defined as: “any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of imparting or impairing or nullifying the recognition of women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, social, cultural, civil and any other field.” A. Rights guaranteed under CEDAW The CEDAW Committee’s General Recommendations is a regularly updated list of opinions and recommendations on specific gender issues prepared by the UN CEDAW Committee, and guarantees that women should equally enjoy with men the following civil, political, economic, social, and cultural rights: (1) Right to good quality education (Articles 10 to 14); (2) Right to comprehensive health services, including family planning (Articles 11,12 and 14); (3) Right to decide on the number of children and on the number of years between pregnancies (Article 16); (4) Right to shared parenting responsibilities (Articles 5 to 16); (5) Right to have equal access to jobs, benefits, and social security (Articles 11 and 14); (6) Right to be paid equally, based on the work they do (Article 11); (7) Right to be free from all forms of violence, whether physical, sexual, emotional, mental, or economic (General Recommendations 12 and 19); (8) Right to be free from all forms of slavery and prostitution (Article 6);
  • 2. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 2 (9) Right to vote, run for election, and hold public office (Article 7); (10) Right to represent the country internationally (Article 8); and (11) Right to acquire, change or retain nationality and citizenship (Article 9). B. History Filipino women leaders played a pivotal role in the historical development and implementation of the CEDAW: (1) Helena Z. Benitez, who was then the chairperson of the UN Commission on the Status of Women (UN-CSW), pushed for the adoption of the Declaration on the Elimination of Discrimination Against Women, the CEDAW predecessor document, by the General Assembly in 1967; (2) Leticia-Ramos Shahani holds the distinction of being a member of the working group of the UN-CSW that drafted the document; (3) Justice Irene Cortes served as the first Filipino member of UN CEDAW Committee (1982-1986), followed by Teresita Quintos-Deles (1991-1994), Aurora Javate-de Dios (1995-1998) and Ambassador Rosario G. Manalo (1999-2005). From 2005-2006, Ambassador Manalo chaired the UN CEDAW Committee. In many aspects, the Philippines has been a trailblazer in advancing women’s rights and is perceived to be one of the countries in the Asian region where women relatively enjoy more rights and freedoms. The creation of the National Commission on the Role of Filipino Women (NCRFW), the national machinery on women, predated the CEDAW. Established through Presidential Decree (PD) 633 in 1975, the mandate of the NCRFW (renamed in 2009 as the Philippine Commission on Women or PCW) eventually included the monitoring of the CEDAW’s implementation. In the years following the Philippine government’s ratification of the CEDAW, the NCRFW together with women’s civil society groups successfully lobbied for the passage of women-friendly laws. This strengthened the national legal framework that applied the international human rights standards set by the CEDAW. Despite many gains, there are still many challenges that confront the attainment of gender equality in the Philippines. The commitment of the Philippine government to mainstream gender as well as the PCW’s enduring partnership with women’s organizations and NGOs hold great promise for realizing the objectives of the 2nd Philippine Human Rights Plan (PHRP II). C. CEDAW- PHRP II Human Rights Priority Agenda The part of the PHRP II corresponding to the implementation of CEDAW, shall address the implementation gaps in the enforcement of women-friendly laws, support the development of legal instruments and mechanisms where there are none or when more are needed, and promote gender equality and non-discrimination by broadening the public’s
  • 3. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 3 awareness on the CEDAW. These areas correspond to the priority rights identified for the PHRP II, which are the following: (1) To protect women against violence Close the implementation gaps. Despite the good laws addressing the prevention and criminalization of violence against women (VAW), criticisms persist on the lack of coordination among concerned agencies; inadequate capacity and/or the lack of willingness of many frontline service agencies/ workers to assist VAW complainants; poor quality of facilities; absence of functional monitoring and evaluation mechanisms and processes to measure progress or the lack of it; gender insensitivity of duty bearers; lack of political will among leaders addressing VAW; inadequate resources; legal loopholes; low level of conviction in trafficking cases; and an overall low level of satisfaction over how the courts dispense justice on VAW cases. Some of these issues are mentioned in the 2006 CEDAW Committee Concluding Comments, as well as the Concluding Comments from the Universal Periodic Review (UPR) in 2008 that pertained to the implementation of the CEDAW. (2) To promote women’s rights to equal treatment and non-discrimination Prepare the mechanisms for the implementation of the Magna Carta of Women (MCW). The MCW is a comprehensive women’s rights law that defines and seeks to end discrimination against women. Its recent approval on August 14, 2009 came after seven (7) years of lobbying by women’s groups and the PCW before three Congresses, where they faced opposition from conservative religious lobbyists that objected to its provisions on reproductive health. The legislative advocacy on the MCW in the last three years was guided by a CEDAW framework, after the CEDAW Committee expressed disappointment over the delay of its passage, and when the Human Rights Council’s (HRC) echoed a similar concern. Finally, with the signing into law of the MCW, the NCRFW was renamed as PCW and was designated as the overall monitoring and oversight body that shall ensure the implementation of the MCW. Raise public awareness of women’s rights. Traditional practices and beliefs on gender roles persist. These tend to undermine the attainment of gender equality and non- discrimination, and maintain patriarchal attitudes and gender stereotypes. Correspondingly, the level of awareness about CEDAW and national laws that promote the rights of women is low. Thus, knowledge and appreciation of CEDAW must be increased to lay the foundation for building a culture of human rights. Below is a list of basic and marginalized sectors specified in RA 8425 and RA 9710 who most need to be capacitated to claim their rights. RA 8425 (NAPC Basic Sectors) RA 9710 (Magna Carta of Women Marginalized Sectors)  Farmers and landless rural workers  Artisan fisher folk  Urban poor  Indigenous people and cultural communities  Workers in formal labor and  Small Farmers and Rural Workers  Fisherfolk  Urban Poor  Indigenous Peoples  Moro  Workers in the Formal
  • 4. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 4 migrant workers  Workers in the informal sector  Women  Children  Youth and students  Senior citizens  Persons with disabilities  Victims of disasters and calamities  Non-governmental organizations  Cooperatives Economy  Migrant Workers  Workers in the Informal Economy  Children  Youth  Senior Citizens  Person’s with Disabilities  Solo Parents (3) To fulfill women’s rights through legal reforms Introduce more legal reforms. As a State-party to the CEDAW, the Philippine government is expected to pass gender-responsive laws, review, amend and/or repeal existing laws that are discriminatory to women. These include the passage of new bills that have been and are being lobbied by the PCW, women’s groups and other stakeholders under its Women’s Priority Legislative Agenda. Part of the agenda on legal reforms is to build a constituency by supporting the formation of a core group of advocates who will be equipped to articulate the needed reforms, and will engage lawmakers, policymakers and stakeholders in productive policy discussions. Among the more controversial legislative concerns that have been brought to the attention of the Philippine government by the CEDAW Committee in the 2006 Concluding Comments, include: the lack of a law on divorce; provisions in the Code of Muslim Personal Laws (CMPL) that permit polygamy, arranged marriages, and marriage of girls below 18 years old; and the Revised Penal Code’s (RPC) punitive approach to women who undergo abortion. D. Basis and process Each of the thematic objectives in CEDAW Chapter of the PHRP II responds to specific items raised by the CEDAW Committee in its Concluding Comments on the Philippine government’s compliance to the treaty in 2006. Even before the PHRP II, most of the concerns in the CEDAW Concluding Comments have, or were already being acted upon by the Philippine government, with varying levels of success. The CEDAW-PHRP II highlights the need to address a number of women’s issues that are perceived to be crucial in building and sustaining an environment that respects, protects and fulfills women’s rights as human rights. In the midst of many women’s rights concerns and given its own limitations, the PHRP II preparation started in August 2008 with consultation-meetings with stakeholders to help identify priorities. Nine consultations were held for this purpose - -- four with concerned national agencies and women’s organizations, and five with GOs, NGOs and LGUs in regional consultations. The 2006 CEDAW Committee Concluding Comments is the main legal and policy basis in the formulation of the priority rights agenda and the succeeding thematic objectives of the PHRP II. Further, the PHRP II also addresses the following:
  • 5. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 5 (1) CEDAW and its General Recommendations; (2) National laws that uphold women’s rights; (3) Philippine Plan for Gender Responsive Development (PPGD) 1995-2025, and; (4) Report on the Universal Periodic Review (UPR) by the UN Human Rights Council. Description of Thematic Objectives The thematic objectives of the CEDAW chapter of the PHRP II are drawn from the human rights agenda or issues presented earlier. At the same time, the CEDAW-PHRP II draws from the core elements of the CEDAW: (a) gender equality; (b) non-discrimination; and (c) state obligations. It is also built on the principles of the indivisibility and interdependence of human rights. There are (3) thematic objectives that correspond to the priority human rights agenda that were identified earlier. They are the following: Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which respect, protect, and fulfill the rights of women against gender-based violence. The scope of Thematic Objective 1 will be limited to the implementation gaps of the following laws on gender-based violence or VAW: (1) Anti-Violence against Women and their Children Act of 2004 (RA 9262); (2) Anti-Sexual Harassment Law of 1995 (RA 7877); (3) Anti-Rape Law of 1997 (RA 8353); (4) Rape Victim Assistance and Protection Act of 1998 (RA 8505), and; (5) Anti-Trafficking in Persons Act of 2003 (RA 9208). While there are numerous agencies that support the implementation of these laws, and operate systems that facilitate inter-agency cooperation for this purpose are not wanting, Thematic Objective 1 of the PHRP II will be mainly focused on strengthening the capacity of the justice system to effectively function as a redress mechanism for victims of VAW. The justice system, as referred under Thematic Objective 1, is composed of the five pillars of justice: (a) community – DSWD and DILG; (b) police – PNP and its affiliate agencies; (c) prosecution – DOJ; (d) courts/judiciary – Supreme Court; and (e) penology- Bureau of Corrections, Bureau of Jail Management and other similar offices of government. Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and administrative reform mechanisms in the national and local levels that will enhance the implementation and monitor its progress Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW and the CEDAW
  • 6. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 6 This objective will respond to the CEDAW Committee’s recommendation to disseminate widely its Concluding Comments in order to make the people, including government officials, politicians, parliamentarians and women’s and human rights organizations, aware of the steps that have been taken to ensure de jure and de facto equality of women, as well as the further steps that are required in that regard.” Furthermore, the Committee requested the Philippine government to disseminate widely the Convention, its Optional Protocol, and the Committee’s general recommendations.
  • 7. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 7 SECTION 1 Strategic Treaty Indicators Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which respect, protect and fulfill the rights of women against gender-based violence The following strategic treaty indicators are identified: (1) Legislative, administrative and judicial measures for improving the capacity of the justice system, and; (2) National and local performance accountability mechanisms in the justice system. The accountable agencies under this thematic objective are the frontline institutions that are mandated by the VAW laws to provide direct services to victim- survivors of VAW. These are the Supreme Court and the Inter-agency Council on Violence Against Women and Their Children (IACVAWC) and the Inter-agency Council against Trafficking (IACAT) member agencies which include among others the Department of Social Welfare and Development (DSWD), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Philippine National Police (PNP), National Bureau of Investigation (NBI), as well as the Bureau of Jail Management and Penology (BJMP) and Bureau of Corrections (BuCorr). They also include the 10 priority provinces and their cities/municipalities. These agencies correspond to the five pillars of justice, namely, the: (a) community; (b) police; (c) prosecution; (d) courts/judiciary; and (e) penology. Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and administrative reform mechanisms at the national and local levels that will enhance the implementation and monitor its progress. The following strategic treaty indicators are identified: (1) Administrative policies of concerned implementing agencies are in place; (2) Mechanisms for the implementation and monitoring of the MCW are in place at all levels; (3) Commitment of accountable government agencies to undertake a vigorous legislative advocacy program to support the passage of pro- women bills, among which include: (a) Anti-Prostitution Bill; (b) Marital Infidelity Bill; (c) Reproductive Health Bill; (d) Magna Carta of Workers in the Informal Sector;
  • 8. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 8 (e) Local Sectoral Representation Bill; (f) Abolition of the Forgiveness Clause in the Rape Law; (g) Review of punitive actions against women who undergo abortion; and (h) Amendment of PD 1083 or the Code of Muslim Personal Laws of the Philippines (CMPL), which contains provisions that allow polygamy, forced marriages and child marriages. To support the above: (1) A comprehensive knowledge database on the issues involved is established through research and documentation to support the legislative advocacy process; (2) Rights-based discussion on the following laws that compromise the protection and fulfillment of women’s human rights are initiated with stakeholders groups: (i) CMPL provisions on child marriage, arranged marriages, and polygamy; (ii) punitive actions versus women who undergo abortion; and (iii) absence of a divorce law; (3) Organized policy advocacy groups composed of government organizations (GOs) and Civil Society Organizations (CSOs) are supported and strengthened; and (4) Pro-women bills filed in the legislature progressively gain support from lawmakers, and are voted into law. Under Thematic Objective 2 of the CEDAW Chapter of the PHRP II, the accountable agencies that will lead the advocacy or initiate policy debates on specific issues will be the PCW, Commission on Human Rights of the Philippines (CHRP), Commission on Higher Education (CHED), Department of Education (DepEd), Department of Labor and Employment (DOLE), Civil Service Commission (CSC), DILG, Department of Health (DOH), National Economic and Development Authority (NEDA), Department of Tourism (DOT), Department of National Defense (DND), Armed Forces of the Philippines (AFP), National Disaster Risk Reduction and Management Council (NDRRMC), National Anti-Poverty Commission (NAPC) and Office of the Presidential Adviser on the Peace Process (OPAPP) and for the advocacy for the Women’s Priority Legislative Agenda, the Philippine Congress with technical expertise from the following executive agencies: (1) PCW and DOJ for Anti-Prostitution Bill; (2) DOJ and PCW for Marital Infidelity Bill; (3) DOH, POPCOM, PCW and NAPC for the Reproductive Health (RH) Bill; (4) DOLE and NAPC for the Magna Carta of Workers in the Informal Sector; (5) DILG for the Local Sectoral Representation Bill;
  • 9. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 9 (6) DOJ and PCW for the abolition of the forgiveness clause, increasing the age of statutory rape, and other amendments in the Rape Law; (7) Regional Sub-Committee on Gender and Development (RSCGAD) for the revision of discriminatory provisions of the CMPL; (8) DOH and POPCOM for punitive actions vs. women who undergo abortion, and; (9) DOJ and PCW for the lack of a Divorce Law. The AFP will support the CEDAW Chapter of the PHRP II by effectively implementing its identified mechanisms, linking at the AFPs policies and programs, in order to achieve a gender responsive organization. The BJMP will ensure the implementation of the Magna Carta of Women (MCW), and institute administrative policies and mechanisms are in place at all levels that will implement and monitor its progress. Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW and the CEDAW The following strategic treaty indicators are identified: (1) Rights-based matrix of results on the implementation of MCW is developed; (2) Key agencies and their respective personnel have been capacitated in the application of CEDAW General Recommendations and Concluding Comments. Under Thematic Objective 3, the accountable government institutions are the following: PCW, Philippine Information Agency (PIA), DILG, Presidential Human Rights Committee (PHRC), CHRP, DepEd, CHED, CSC, NEDA, Presidential Communications Operations Office (PCOO), National Commission on Indigenous Peoples (NCIP), PNP, Supreme Court (SC), DOJ, National Bureau of Investigation (NBI), DSWD, AFP, DND, Department of Labor and Employment (DOLE), ARMM Regional Sub-Committee on Gender and Development (ARMM RSCGAD), all training institutions of the government, and the LGUs of the 10 priority provinces.
  • 10. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 10 SECTION 2 Thematic Baseline and Situationer The Philippine government’s efforts to infuse CEDAW into governance has been substantial, and reinforced by the adoption of gender mainstreaming as the strategy for achieving women’s empowerment and gender equality. In 2006, the UN CEDAW Committee welcomed the PPGD 1995-2025, the blueprint for action which translated the CEDAW and the Beijing Platform for Action (BPFA) into policies, strategies, programs, and projects. Despite the availability of enabling laws, policies and a programmatic response to mainstream gender perspectives in the bureaucracy through the Framework Plan for Women (FPW) a combination of implementation gaps, customary laws and traditions, as well as evolving socio-cultural, economic and political realities, pose numerous challenges to the task of protecting and fulfilling the rights of women in the Philippines. The CEDAW Chapter of the PHRP II seeks to address specific gender issues within the next four years. Focus is given to priority issues identified during the PHRP II consultation process, as well as those brought forth in the CEDAW Review in 2006 and the Universal Periodic Review (UPR). The nature and contexts of the issues that the CEDAW Chapter of the PHRP II will attempt to address are thematically categorized as follows: Thematic Objective 1 I. Violence against women In 2006, the CEDAW Committee noted with appreciation the adoption of laws, which contribute to the enhanced implementation of CEDAW. In the same report, however, the CEDAW Committee expressed concern over the very slow implementation of laws and the lack of progress in tracking national commitments and implementation of framework plans. Among the identified obstacles that are perceived to deter women’s realization of their right to be free from VAW include: (a) a poor understanding of their own rights; (b) gender-insensitive handling of VAW cases by frontline social service providers and law enforcers; (c) lack of opportunity, time and resources to access redress mechanisms, from the time of reporting until the resolution of cases filed in court; and (d) lengthy court proceedings, and the social stigma attached to victims of VAW who report their cases. In other situations, there is also a lack of faith in the justice system, which deters reporting. Moreover, there are traditions or cultural beliefs that tend to allow rather than discourage gender inequalities that lead to VAW. These issues point to the need to transform institutions and attitudes to convert de jure rights into de facto reality so that women may fully realize their right to be protected from gender- based violence. The United Nations Declaration on the Elimination of All Forms of Discrimination Against Women (1993) defines violence against women (VAW) as: “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”
  • 11. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 11 The prevalence of VAW is difficult to establish due to the lack of a unified reporting mechanism that results in either double reporting or underreporting. But frontline service workers share the observation that the incidence of violence, especially those perpetrated by husbands or live-in partners, is still on the rise. In 2010,the number of VAW cases reported to the police rose by 59.2 percent from the 2009 report. VAW or gender-based violence can happen even in the domestic sphere. Across a seven-year period from its implementation in 2004 to 2010, average violations of Anti-Violence Against Women and Their Children Act of 2004(RA 9262) ranked first at 44 percent among the different VAW categories. Although occurrence of VAW is not confined to any social or economic class, its links to poverty and high unemployment rates have been well-established in several studies. Thus, women in marginalized sectors of society are most vulnerable to VAW. Results from the 2008 National Demographic and Health Survey (NDHS) reveal that one in five Filipino women aged 15-49 have experienced physical violence since age 15. Women who are living in poverty are most vulnerable to violence (29%). Those with no education (26%) or have reached only primary education (27%) are almost twice as likely as women who have college or higher education (14%) to have experienced physical violence. The same survey showed that the likelihood of women experiencing sexual violence likewise increased with lack of income and less education. Nine (9) percent of women have experienced sexual violence. Women who are employed, those who are divorced, separated, or widowed, and those living in rural areas are more likely to have experienced sexual violence. Institutional mechanisms in response to VAW have improved in the years that followed the passage of laws on violence against women and children (RAs 9262, 9208, 8505, 8353, and 7877), and with the establishment of Women and Children’s Protection Desks (WCPD) in police stations and barangay offices. The presence of NGOs that assist women in crisis also helped address the needs of VAW victim-survivors. While victims’ access to legal remedies, and social and health assistance have been enhanced, there still remain a number of obstacles that deter victim-survivors from coming out to report gender-based violence. These barriers include the lack of knowledge on the laws among many duty- bearers who are expected to implement them, and the lack of qualified personnel to handle VAW cases. For instance, many barangay officials have been known to respond to requests for Protection Order by brokering reconciliation between a victim and her perpetrator. Under RA 9262, duty bearers are clearly prohibited from mediating between parties in recognition of the victim-survivor’s inability to properly negotiate at an equal footing within an abusive relationship. The Rape Victim Assistance and Protection Act of 1998 (RA 8505) requires that investigating police officers should be of the same sex as the victim. But reports from the field show that this is not always observed. Some social workers have been reported to be gender-insensitive in their handling of VAW cases. There is very low compliance to RA 7877 (Anti Sexual Harassment Act of 1995) among school administrators and office managers who fail to initiate the formulation of organizational policies on sexual harassment, or even create Committees on Decorum and Investigation (CODI) that will act swiftly on complaints. Aside from problems encountered during rescue, investigation and rehabilitation, there are obstacles to seeking redress in the courts that discourage victim-survivors of rape, domestic violence, trafficking, and sexual harassment from seeking legal remedies. Inefficient
  • 12. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 12 case management due mainly to case overload of courts, cause the lag between reporting, trial, and actual conviction of perpetrators. Long drawn-out processes suggest that the legal system does not prioritize crimes of VAW. This gives a psychological and economic toll on the victim and her family, which becomes a disincentive to seeking justice. When cases are tried, some judges lack an understanding of the power relations that prevail in violent families and demonstrate gender insensitivity in their appreciation of facts. The judges’ lack of understanding allows their personal, “macho biases” to prevail, dimming the prospect of a fair trial. These factors, along with social pressure, threats, poverty, and attractive offers to settle for compensation, explain why many VAW victim-survivors desist from pursuing their cases in the courtroom. Such conditions impede the fulfillment of the rights of victims to justice under the courts of law and contribute to the expansion of a culture of impunity. Thematic Objective 2 II. Gender inequality and discrimination against women National laws that uphold gender equality between men and women are in place. The 1987 Constitution guarantees the fundamental equality before the law of women and men. Article II, Section 4 proclaims the State’s recognition of “the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.” RA 7192 or the Women in Nation Building Act, on the other hand, declares the State’s recognition of the role of women in nation-building and instructs government departments “to ensure the full participation of women in the development process.” Traditional practices and beliefs on gender roles persist. These tend to undermine the attainment of gender equality and non-discrimination, and maintain patriarchal attitudes and gender stereotypes. Correspondingly, the level of awareness about MCW and CEDAW and other national laws that promote the rights of women is low. Thus, knowledge and appreciation of MCW and CEDAW must be increased to lay the foundation for building a culture of human rights. The signing into law of the MCW is a response to the 2006 CEDAW Committee’s Concluding Comments. The 2006 CEDAW Committee’s Concluding Comments cited as a gap in the implementation of CEDAW, the absence of a legal definition of gender discrimination in Philippine national laws, and the question of the applicability of CEDAW in the Philippine judicial system. The passage of the MCW, seen to be the translation of CEDAW into national legislation, provides for special protection for women from the insidious effects of discrimination in the economic, social, and political spheres and even in personal or private relationships. It shall be instrumental in instituting affirmative actions that will promote gender equality and non-discrimination in Philippine society. The following are the specific issues, cited in the MCW that the PHRP II will monitor: (1) Gender-based discriminatory practices in education and work environments The MCW outlaws the expulsion of female students and teachers who get pregnant outside of marriage. When they are asked to leave school or work because of their condition, they are denied of their right to education and work. There is no accurate data on the actual number of pregnant women and girls who have been fired, expelled, suspended,
  • 13. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 13 or were barred from re-enrolling or renewing their contracts, mainly because the women/girls and managers/school administrators prefer to keep such incidents under wraps to avoid a scandal. Cases of this nature are widespread across the country, and are observed to be more prevalent in institutions that are managed by faith-based groups who invoke their academic freedom, and their right to exercise their religious and moral beliefs to justify their exclusionary policies against pregnant employees and students. The MCW also codifies non-discrimination in the entry and promotions of women in the field of military, police and other similar services. This includes women’s equal enjoyment of privileges and opportunities. (2) Gender disparity in civil service management positions While 1.31 million women make up the majority (58%) of the bureaucracy, they are likely to be technical personnel (2nd level), while men are more likely to be clerks (1st level) or managers/executives (3rd level). As of February 2011, the percentage of women occupying Career Executive Service (CES) positions (3rd level positions) is 42.1 percent which is slightly higher than the 41.3 percent reported in August 2010. The MCW provides for the increase in the number of women in 3rd level positions in the civil service by imposing a 50-50 percent quota for male and female appointees. This encourages duty bearers to undertake affirmative action, or special measures that will level the playing field so that women can compete for resources with the same leverage as men. (3) Lack of women’s participation in public and political life The CEDAW Committee Concluding Comments in 2006 called for the Philippine government “to establish concrete goals and timetables and to take sustained measures, including temporary special measures, in accordance with Article 4, Paragraph 1, of the Convention and the Committee’s General Recommendation No. 25 on Temporary Special Measures, to accelerate women’s equal participation in political and public life and ensure that the representation of women in political and public bodies reflects the full diversity of the population, particularly indigenous women and Muslim women. The Committee recommends that “the State-party implement training programs and awareness-raising campaigns to highlight the importance of women’s full and equal participation in leadership positions at all levels of decision-making to the society as a whole.” The following data show the lack of participation of women in political and public life:  Preliminary report (as of February 2011) of the May 2010 automated national and local elections showed that around 18.4 percent of the elected posts were won by women candidates, slightly higher than the 17 percent in 2007. However, the share of women who actually voted to the total number of registered voters who actually voted is slightly lower (49%) compared with the 2007 results (50%) and 2004 results (51%);  In the 2010 Senatorial election, there were 14 women who ran out of 61 candidates (23.0%), of which only two entered the top 12 winning senators (16.7%). This brings the total number of women in the Senate to three (3) out of 23 Senators1; 1 There are actually 24 seats in the Senate. One seat used to be occupied by then Senator Benigno C Aquino who is now President.
  • 14. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 14  There are 48 women Representatives elected in the 15th Congress (2010 national election). They accounted for 21.6 percent of the total 222 Representatives as members of the Lower House. During the 14th Congress, 51 women had secured memberships in the House of Representatives which was lower at 21.2 percent of the total 240 seats;  A women’s rights organization has secured a partylist representation in Congress since 2004;  In the 2007 national elections, 21 party-list representatives were given seats in the House of Representatives. Two of them were from a women’s organization – Gabriela Women’s Party, which also won in the 2004 national elections;  The participation of women in the judiciary is slightly increasing. In 2007, 32 percent of the total incumbent judges in the first and second level courts, including Shari’a courts, were women. The figures have been improving from 33 percent in 2008 and in 2009 to 34 percent in 2010; In the Supreme Court, there were three women out of 15 justices in 2001; four out of 15 in 2002; four out of 14 in 2003; five out of 15 in 2004; five out of 15 in 2007; and three out of 15 in 2010. (4) Lack of social protection and safety nets for women who are victims of natural calamities and the economic crisis in marginalized sectors The 2006 CEDAW Committee Concluding Comments requested the Philippine government “to evaluate the impact of the free trade agreements on the socioeconomic conditions of women and to address women’s high unemployment rate by creating new sustainable employment opportunities for those affected.” It also encourages the State-party “to take measures that enhance the situation of women in the informal economy.” There is scant data on the effects of the global economic crisis on women, especially on those who are poor and are engaged in livelihoods that are part of the informal sector. There is also little information on the gender-specific effects of natural disasters (flooding, typhoons, etc.) to women and men. However, it has been established that women-headed households are most vulnerable to financial and natural disasters. Policies and actions therefore should be able to improve marginalized women’s access to social security and safety nets that will help them cope and recover. (5) Women’s lack of access to reproductive health services The 2006 CEDAW Concluding Comments urged the Philippine government “to take concrete measures to enhance women’s access to health care, in particular to sexual and reproductive health services, in accordance with Article 12 of CEDAW and the Committee’s General Recommendation 24 on women and health. It suggested to the Philippines to strengthen measures preventing unwanted pregnancies by making a comprehensive range of contraceptives more widely available and without any restriction, and by increasing knowledge and awareness about family planning.”
  • 15. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 15 However, access to quality health services is hampered by high costs, inefficiencies in health care management, and social and cultural barriers. According to the 2006 Family Planning Survey, the maternal mortality rate (MMR) remains alarmingly high. For every 100,000 live births, 162 women die during pregnancy and childbirth, or shortly after childbirth. This means that an average of eight (8) women die every day of pregnancy- and childbirth-related causes. Poor pre-natal care can be fatal. Early childhood deaths are closely linked with poor maternal health and nutrition, and inadequate access and quality to obstetric care and services. The death of mothers seriously jeopardizes the life prospects of surviving young children. The availability of contraceptives is limited, especially in rural areas. The 2008 National Demographic and Health Survey indicated that 22 percent of married Filipino women of reproductive age had unmet family planning needs and encountered barriers to limiting and spacing their pregnancies. III. Legislative Reform The CEDAW Committee recommends that the State-party undertake a systematic review of all legislation and initiate necessary revisions, so as to achieve full compliance with the provisions of CEDAW. a) Anti-Prostitution  The Philippines is duty-bound to implement the provisions of CEDAW, specifically the UN CEDAW Committee's Concluding Comments, which among others, urges the government to "take appropriate measures to suppress the exploitation of the prostitution of women, including the discouragement of the demand for prostitution;"  The Philippines is committed to support the agreements from the International Conference on Population and Development (2005), which called for nations to promote: (i) responsible parenthood, (ii) informed choice, (iii) birth spacing, and (iv) respect for life;  Estimates on the number of prostituted persons in the Philippines range from 300,000 to 500,000. This was approximately the size of the manufacturing workforce (Coalition Against Trafficking in Women, 1999);  Most persons engaged in prostitution are women and young girls. One out of four prostituted persons is a child (below 18 years old); their numbers were estimated to range between 75,000 and 100,000. The Philippines was the fourth among nine countries in the world with the most number of prostituted children (Coalition Against Trafficking in Women, 1999);  Poverty is the oft-cited factor that led to the burgeoning number of prostituted persons. More often than not, women and children trapped into prostitution are also poor, uneducated, and have a
  • 16. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 16 history of having been sexually abused. Many have been trafficked -- recruited, usually through deception, force or intimidation; and forced or kept into prostitution through threats or actual acts of violence, until such time when the victims start believing that there is no other life for them outside of prostitution;  Article 202 of the Revised Penal Code (RPC) penalizes prostituted women who are defined to be "women who, for money or profit, habitually indulge in sexual intercourse or lascivious acts” for the crime of prostitution. Liability under this law does not extend to those who run prostitution houses, or guard or manage the prostituted women, and have limited application to pimps and customers;  A more recent approach to prostitution is to shift the focus from the prostituted persons to those causing their prostitution --- recruiters, pimps, bar owners and customers. Studies showed that where and when there is a high demand for the sexual services of prostituted persons, e.g., the presence of visiting military forces or a boom in sex tourism -- there is an increased number of prostituted women and children to serve the demand;  Efforts to amend the laws on prostitution, namely Article 202 (Prostitution) and Article 341 (White Slave Trade) of the Revised Penal Code (RPC) have been going on for almost three Congresses, spanning a period of nearly nine years; b) Marital infidelity  The Philippines is duty-bound to implement the provisions of the CEDAW, specifically the UN CEDAW Committee's Concluding Comments, which urges the government to review existing policies to remove discriminatory provisions in national legislation;  Discrimination against women is evident in the laws covering marital infidelity. It takes less evidence to prove a woman guilty of being unfaithful to her husband, than it would take to prove a man guilty of being unfaithful to his wife. The penalty is also harsher for erring wives found guilty of adultery, which is Article 333 of the Revised Penal Code (imprisonment of two to six years), compared to husbands found guilty of concubinage Article 334 of the Revised Penal Code (imprisonment of only six months to four years);  This is beside the fact that husbands, more than their wives, are likely to engage in sexual relations outside of marriage. A study found (Gonzales 2003) that 36% of married men engage in extra marital relations, as compared to only 2% of married women;  Bills intending to revise Articles 333 and 334 of the Revised Penal Code have been filed since the 13th Congress;
  • 17. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 17  The proposed revision to the existing law calls for a generic definition of marital or sexual infidelity as a crime that is applicable to both married women and men and imposes the same penalties for offending parties for the same gravity of offense. The proposed bill also applies to Muslims and members of indigenous communities whose cultures allow for multiple spouses, and to those who engage in sexual intercourse with any person other than their official spouses recognized by their respective faiths and traditions. Other women’s groups propose to simply repeal the two Articles and use the Family Code for civil remedies. c) Magna Carta for Workers in the Informal Economy  House Bill 1955 or Magna Carta for Workers in the Informal Economy is pending in Congress as of the 14th Congress. Its proponent is Representative Dan Fernandez. In the Senate, legislation for workers of the informal economy is supported by Senators Edgardo Angara, Miriam Defensor-Santiago and former Senator Miguel Zubiri who filed earlier versions of the bill. Women comprise the majority of the informal sector and therefore it is no surprise that it is being pushed by women’s organizations in the informal sector, among them, the PATAMABA. Parts of the bill’s important features are:  Promotion of gender equity and equality, and the protection of women workers in the informal economy against gender-based discrimination, exploitation and abuse; advancement of women’s social, economic, political, and reproductive rights; and improvement of their access to social protection and participation in decision-making bodies;  Protection of vulnerable groups in the informal sector such as children, persons with disabilities and those from ethnic communities from discrimination, exploitation, abuse and harassment as well as from performing work hazardous to their occupational, physical, mental, emotional, reproductive and spiritual health, and;  Progressive elimination of child labor in the informal sector through the creation of more quality jobs for adults, effective enforcement of laws against child labor, elimination of gender based discrimination against girl child workers, improved access to universal education and social protection, and elimination of cultural factors that tolerate and accept child labor. e) Women’s sectoral representation  The Philippines is duty-bound to implement the UN CEDAW Committee's Concluding Comments, which among others, urges the government to accelerate women's equal participation in political and public life and ensure that the representation of women in political and public bodies reflects the full diversity of the population;
  • 18. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 18  In the Philippine election of 2007, women won only 53 out of 236 seats (or 22%) in the Lower House, and only 4 out of 24 seats (16.7%) in the Upper House (International IDEA and Stockholm University 2007);  Women's performance in elections was as dismal in 2004 when the average proportion of women in key elected posts was no more than 17 percent (COMELEC 1995-2004), and;  The base of women's participation in local governance and political decision making needs to be expanded. In local legislative bodies, women comprised only 15 percent of Sanggunian councilors (COMELEC, 1992- 2001). Women's share of seats in the Philippine electoral politics remains short of the global target of 30 percent (even 50% as per UNCSW), which in some countries have been achieved by affirmative action, usually expressed through quotas. f) Reproductive health, responsible parenthood & population and development  The Philippines is duty-bound to implement the provisions of the CEDAW, specifically the UN CEDAW Committee's Concluding Comments (2006) and the UPR Report (2008), which urges the government to enhance women's access to health care, including reproductive health services, to address high maternal mortality rates, high fertility rates and inadequate family Planning services;  Philippine maternal mortality rate (MMR) remains high at 162 deaths for every 100,000 live births. The National Statistics Office (NSO) fears that the slow decline in MMR may cause the Philippines to miss its MDG target of bringing down the MMR to 53 by the year 2015 (Family Planning Survey 2006);  Maternal deaths account for 14 percent of deaths among women. According to the Commission on Population, 10 women die every 24 hours from pregnancy or childbirth-related complications (Popcom 2000);  Twenty-nine infants of every 1,000 live births die before reaching one year of age; 40 young children die before reaching five years of age (NSO, NDHS 2003);  Close birth spacing and high-risk pregnancies have been shown to be closely related to childhood mortality (NSO-NDHS 2003);  The Filipino woman's desired number of children is 2.5. However, the actual fertility rate is 3.5 children or a difference of one child. This difference is due mainly to the lack of information on and access to family Planning services (NSO-NDHS 2003);  Only 49.3 percent of women use any method of contraception, with the use of the pill as the leading contraceptive method, followed by female sterilization, and the calendar rhythm. Condoms, even though widely
  • 19. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 19 distributed, accounted for only 1.9 percent of the total usage (NSO-FPS 2005);  The unmet need for family planning averages 17.3 percent. Those belonging to the poorest class have the highest unmet need for family planning at 26.7 percent, consisting of those who want to space their pregnancies (10.9%), and those who want to limit the number of their children (15.8%). The current unmet need for contraceptives is 23.15 percent for poor women and 13.6 percent for women who are not poor. (NSO-NDHS 2003);  The use of modern family planning methods increases with the increase in the level of education of women (NSO-NDHS 2003);  Ninety-seven percent of all Filipinos believe it is important to have the ability to control one's fertility or to plan one's family. It is significant to note that 87 percent of the total respondents are Roman Catholics (Pulse Asia Survey Feb. 2004);  Past government administrations have attempted to address these population and reproductive health concerns. However, their approaches differed and changed, depending on the views of whoever holds the leadership;  From the 9th to the 11th Congress, Population Development bills have been filed, focusing mainly on controlling population growth. It was only in the 12th Congress that the reproductive health of women figured into the discussions on population development. Population-related bills filed in the 12th and 13th Congress already considered reproductive health issues;  The RH bills have consistently faced opposition from the Catholic Church and groups allied to it. They dispute the benefits over the harm to social morals that may result from the promotion of the use of artificial contraceptives, and compulsory sexuality education for children. Catholic dogma considers natural family planning methods as the only acceptable and ethical/moral fertility management technology; and  The lawmakers who have filed bills on reproductive health in the 14th Congress are Rep. Edcel Lagman and Rep. Janette Garin in the House of Representatives, and Sen. Rodolfo Biazon and Sen. Panfilo Lacson at the Senate. g) Forgiveness clause in the Anti-Rape Law A forgiveness clause under the Anti-Rape Law nullifies the criminal dimension of marital rape and its penalties and helps perpetuate the cycle of violence. Article 266-C of the Anti-Rape Law of 1997 (RA 8353) states “In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty.” Women’s advocates who oppose this provision contend that a woman in a longstanding abusive relationship can be pressured into absolving her spouse
  • 20. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 20 by patriarchal attitudes and beliefs which she herself may subscribe to or by the sheer power over her by the abusive partner. h) Polygamy, arranged marriage and early marriage in the Code of Muslim Personal Laws The CEDAW Committee in 2006 encouraged the Philippine government to intensify dialogue with the Muslim community on the removal of discriminatory provisions from Presidential Decree 1083 of 1997 or the Code of Muslim Personal Laws (CMPL). The CMPL provisions that are perceived to be discriminatory to women are those that permit polygamy, arranged marriages, and marriages below 18 years old. For polygamy, the CMPL allows a man to marry as many as four wives as long as there is consent from the first wife/wives and the bride is fully aware of his situation. He must also prove his capacity to appropriate equal time, attention, and financial support to each of his wives and their children. Consultations with Muslim women revealed, however, that there are many cases wherein a man does not fully disclose his real status and the prescribed prerequisites for marrying more than one woman are not followed and the conditions are not met. This is partly due to poor public documentation and government monitoring, which, in turn, leads to the psychological and financial suffering of women married to men with multiple wives. Arranged marriages, on the other hand, go against Article 16 of CEDAW, which articulates that states should help ensure the right of women to “freely choose a spouse and enter marriage only with their full consent.” The legal age to marry under the CMPL is 15 years old for males, and at puberty for females. This is inconsistent with the Family Code requirement of 18 years old (with parents’ consent). The concern over the young marrying age allowed under the CMPL is based on provisions of the Convention on the Rights of the Child (CRC), which classify individuals below 18 years as children. Moreover, young girls are more likely to experience complications from pregnancy and childbirth because they have not yet fully reached physical as well as psychological maturity. All these have bearing on the country’s targets on reducing maternal deaths. The Review of the Committee on the Convention of Economic Social and Cultural Rights in 2009 also manifested its “regrets that the interpretation of the provisions of the CMPL of the Philippines (PD No. 1083) permits polygamy and the marriage of girls under the age of 18, and that forced marriages are still tolerated in certain parts of the State party.” There are no ready statistics on the number of polygamous, arranged and early marriages that were contracted through the CMPL. Quantitative as well as qualitative information on the effects of these types of marriage to Filipino women’s rights, particularly to women living under Muslim laws, still need to be systematically collected so that they may be used as a basis for proposing policy reforms. i) Penalties for women who undergo abortion Abortion is a criminal act in the Philippines that is punishable by imprisonment. Articles 256, 258, and 259 of the RPC consider a woman who has undergone intentional abortion as a criminal. The risk of death and infirmity from complications due to clandestine abortion is high because it is unregulated and therefore mostly unsafe and done by poorly trained practitioners in backdoor clinics. Due to such conditions, unsafe abortion is the fourth leading cause of maternal deaths. Still, many women opt to go
  • 21. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 21 through abortion. Of the 3.1 million pregnancies that occur each year, 15 percent are said to result in induced abortions. The number of women who undergo abortion may be increasing. A study by the Guttmacher Institute in 1994 estimated the annual average abortion rate at 25 per 1,000 women. In 2000, the annual average rate of abortion increased to 27 per 1,000 women. There is need to understand why women still opt to have an abortion despite its risks to health and of criminal liability. The UN CEDAW Committee in 2006 recommended for the Philippine government “to consider reviewing the laws relating to abortion with a view to remove punitive provisions imposed on women who have abortions and provide them with access to quality services for the management of complications arising from unsafe abortions; and to reduce women’s maternal mortality rates in accordance with the Committee’s general recommendation 24 on women and health and the Beijing Declaration and Platform for Action.” j) Lack of a law on divorce Divorce is permitted under the CMPL. But the CMPL does not apply to majority of Filipinos who are Christians and who are governed by the Family Code, which has no provision for divorce. The remedies for failed marriages are restricted to legal separation and annulment (Article 36 of the Family Code). The Women’s Legal Bureau, an NGO, laments its limitations: “The remedies for declaration of nullity and annulment do not cover the problems that occur during the exercise of marriage, legal separation, on the other hand, while covering problems during the marriage, does not put an end to marriage.” The increasing number of petitions for annulment is indicative of its significance to persons with failed marriages who have the need to settle property and custody issues; and who carry the desire to legally disengage from a union, and eventually earn their freedom to remarry. The UN CEDAW Committee in 2006 expressed its concern over the lack of a law on divorce in the Philippines and urged the Philippine government “to introduce and support vigorously legislation, which permits divorce, allows women to remarry after divorce, and grants women and men the same rights to administer property during marriage and equal rights to property on divorce. It also recommended that women be granted the right to initiate divorce on the same terms as men.” Even the Concluding Comments of the ICESCR in November 2008 recommended that “the State party adopt legislation recognizing the right of men and women to divorce, to obtain the legal severance of marital ties and to remarry after divorce.” Several bills on divorce have been filed in Congress since 1999 but each time the bills encountered stiff opposition from church based groups. The latest was House Bill 3461 by Reps. Liza Maza and Luzviminda Ilagan of the Gabriela Party List. A divorce law may take a long time coming but a divorce law can provide protection to battered women and their children from further abuse. Thematic Objective III IV. Lack of public awareness on the CEDAW There has been no study to measure the level of public awareness on the CEDAW. However, nearly 30 years after the Philippines became a party to the same,
  • 22. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 22 experience confirms what feminist advocates already know: very few Filipinos are aware of the CEDAW and its implications. In shifting from a needs-based to a rights-based approach to development, it is imperative for duty bearers to possess knowledge on the CEDAW and gain the necessary skills to apply it in governance. Concurrently, claim holders need to be familiar with the Convention to be able to assert their rights. The PCW has provided guidance to government units in promoting increased awareness on the Convention through commemorative events (i.e., Women’s Month) and campaigns (i.e., 18 Day Campaign to End VAW). Development partners such as the United Nations Development Fund for Women or UNIFEM supported training programs to deepen knowledge on the CEDAW among women advocates. However, awareness raising activities need to be scaled up into human rights educational activities that are institutionalized into regular training programs of government institutions if a greater impact is desired. The signing of MCW, as the national translation of CEDAW in 2009, and the MCW Implementing Rules and Regulations (IRR) in 2010, herald a much needed information and education campaign to raise public awareness of claimholders on the landmark law and promote its implementation by concerned institutions as duty bearers. Table 6.1. Situation Matrix Human Rights Issues Duty Bearers Claim Holders 1. State is unable to fulfill the rights of VAWC victims due to implementation gaps in the laws on intimate partner violence, rape, sexual harassment and human trafficking, namely:  lack of coordination among concerned agencies,  inadequate capacity and the lack of willingness among frontline service agencies/ workers to assist VAW complainants;  poor quality of facilities;  absence of functional monitoring and evaluation mechanisms and processes to measure progress vs. VAW or the lack of it; Supreme Court and IACVAWC and IACAT member agencies, namely: PNP, DILG, PNP, DOJ, NBI, DSWD, and the PCW. Includes other agencies such as: BJMP, BC and OPAPP, LGUs  Women victims of domestic violence, domestic and internation al trafficking, and sexual assault.  Economica lly disadvanta ged women, rural women  Indigenous women  Women in conflict areas  Women in detention  Women with disabilities  Women
  • 23. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 23 Human Rights Issues Duty Bearers Claim Holders  gender-insensitivity of duty bearers,  lack of political will among leaders,  inadequate resources,  legal loopholes,  low level of convictions in the case of trafficking  low level of satisfaction over how the courts dispense of justice in VAW cases The rights involved are: (CEDAW) Arts 1, 2, 5 : The right to non-discrimination; Art. 6: The right to be protected from trafficking and prostitution; Art 11: The right to safe working conditions; Art.15: The right to equality before the law; GR9: Documentation and collection of data on the status of women; GR19. Grave abuses against migrant women; GR26. living under Muslim laws  Ageing women (Older women or elderly women) 2. Gender-based discrimination persists  Expulsion of pregnant unmarried girls and women from school and the workplace;  More males than PCW, DOJ, DOH, POPCOM, DOLE, DILG, Regional Sub- Committee on Women of the ARMM, CHED, DEPED, State Colleges and Universities, CSC, Public Schools PCUP, NDCC, DND, NCDP,  Women students  Employed women  Women in the police and military  Women in civil service  Rural women
  • 24. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 24 Human Rights Issues Duty Bearers Claim Holders females are recruited/promoted in the civil service, and in the military and police;  More females than males in local development councils  Gender perspectives are not integrated into local development Plans  High maternal mortality rate  Lack of social protection and safety nets for women in marginalized sectors who are victims of natural calamities and the economic crisis. The rights involved are: (CEDAW) Art.3: Right to equal opportunities to full development and advancement; Art 4: Art 7: the right to non-discrimination in political and public life; Art 10: the right to education; Art 11: the right to employment; Art 13: the right to non- discrimination in economic and social life; Art 16: The rights to equal treatment and non- discrimination in marriage POEA, NAPC LGUs  Women in the informal sector  Women victims of the global economic crisis and natural disasters
  • 25. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 25 Human Rights Issues Duty Bearers Claim Holders and family relations; Art 4, GR5, GR23, 24, 25: State Obligation to institute special measures/ affirmative action; GR 6: Strengthen the national machinery on women 3. The national legal framework is not fully harmonized with the CEDAW.  Some laws promote rather than discourage gender based inequality and discrimination;  Absence or lack of laws that guarantee women’s equal enjoyment of rights. The rights involved are: (CEDAW): Right to equal protection and non-discrimination (Art2); Right against sexual exploitation (Art6); Right to Political Participation (Art7); Right to Work (Art.11); Right to health (Art12 & GR21); Right to freely choose a spouse and enter marriage only with their full consent (Art16) PCW, DOJ, NEDA, DOH, POPCOM, DOLE, DILG JELAC, LEDAC, Congress, Senate  Women in prostitution  Women domestic helpers  Women living under Muslim laws  Women in violent and/ or failed relationships/ marriages  Women of reproductive ages 4. Lack of awareness on PCW, PIA, DILG, PHRC, All women and men
  • 26. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 26 Human Rights Issues Duty Bearers Claim Holders CEDAW The right to information. Art 5, GR3 The role of education and public information programs to reduce stereotypical representations of women; GR6: The right to information on the CEDAW Concluding Observations CHR, DepEd, CHED, Office of the Press Sec., ARMM RCW PNP, SC, DOJ, NBI, DSWD AFP, DND, DOLE, NEDA CSC, NSDB All other govt. training institutions LGUs League of Provinces League of Cities, Leagues of Municipalities, Liga ng mga Barangay PhilJA SC--CGRJ Congress Senate CSOs: IBP, professional organizations Private business: media
  • 27. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 27 SECTION 3 Thematic Performance Targets Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which respect, protect and fulfill the rights of women against gender-based violence In the medium term, priority legislative, administrative and judicial measures and mechanisms should have been instituted towards improving the administration of justice that promote and protect the rights of women. Strategic indicator 1: Legislative, administrative and judicial measures for improving the capacity of the justice system in handling gender issues and concerns. Strategic indicator 2: Gender-responsive national and local performance accountability mechanisms in the justice system. The annual targets: 2012- Baseline studies on gender-based policies, decisions, practices, systems, and procedures; setting up of gender-responsive performance accountability mechanisms at the national and local levels for monitoring of the implementation of the MCW results matrix; 2013 – 2014- Legislative, administrative and judicial measures involving the implementation of the 5 priority laws; 2015 – 2016- Accountability mechanisms, gender-sensitive decisions increased. Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and administrative reform mechanisms in the national and local levels that will enhance the implementation and monitor its progress In the medium term legal and administrative reforms and mechanisms should have been developed and implemented for the implementation of the MCW at the national and local levels. Strategic indicator 1: Administrative policies of concerned implementing agencies. Strategic indicator 2: Mechanisms for the implementation and monitoring of the MCW are in place at all levels. The annual targets: 2012- Functional GAD focal points  Inventory/baseline of policies, programs and mechanisms per agency  Gender audit, assessment, planning, analysis, budgeting, implementation and monitoring of frontline MCW-
  • 28. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 28 implementing agencies and selected LGUs (number to be targeted) 2013- 20% completion of gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted); 2014- 20% completion of gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted); 2015- 20% completion of gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted); 2016- 20% completion of gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted). Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW and the CEDAW In the medium term, a comprehensive MCW information campaign plan shall be developed and an increased awareness on the provisions of the MCW at the national and local levels. Strategic indicator 1: Rights-based matrix of results on the implementation of MCW. The annual targets: 2012- 20 % completion of actual campaign on MCW by the identified accountable agencies; 2013- 20 % completion of actual campaign on MCW by the identified accountable agencies; 2014- 20 % completion of actual campaign on MCW by the identified accountable agencies; 2015- 20 % completion of actual campaign on MCW by the identified accountable agencies; 2016- 20 % completion of actual campaign on MCW by the identified accountable agencies.
  • 30. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 30 Table 6.2. Performance Targets Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which respect, protect and fulfill the rights of women against gender-based violence Strategic Treaty Indicator Medium-Term Target Annual Target Strategic indicator 1 Legislative, administrative and judicial measures for improving the capacity of the justice system Strategic indicator 2 National and local performance accountability mechanisms in the justice system. 50% implementation of legislative, administrative and judicial measures of the priority laws Setting up of performance accountability mechanisms at the local levels for monitoring of the implementation of the MCW results matrix 50% increase in accountability mechanisms and gender- sensitive decisions 2013- 2014 -Legislative, administrative and judicial measures involving the implementation of the 5 priority laws 2012 - Baseline studies on gender- based policies, decisions, practices, systems, and procedures; setting up of performance accountability mechanisms at the national and local levels for monitoring of the implementation of the MCW results matrix, 2016 - Accountability mechanisms, gender-sensitive decisions increased
  • 31. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 31 Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and administrative reform mechanisms in the national and local levels that will enhance the implementation and monitor its progress Strategic Indicator Medium-Term Target Annual Target Strategic indicator 1 Administrative policies of concerned implementing agencies Strategic indicator 2 Mechanisms for the implementation and monitoring of the MCW are in place at all levels; Institutionalization of functional GAD Focal Point System in all line agencies mandated to implement the MCW 20% Completion of gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW- implementing agencies and selected LGUs agencies 2012 - Functional GAD focal points. Inventory / baseline of policies, programs and mechanisms per agency Gender audit, assessment, planning, analysis, budgeting, implementation and monitoring of frontline MCW- implementing agencies and selected LGUs (number to be targeted) 2013 - Gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted) 2014 – Gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline
  • 32. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 32 MCW-implementing agencies and selected LGUs (number to be targeted) 2015 – Gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW-implementing agencies and selected LGUs (number to be targeted) 2016 – Gender audit, analysis, assessment, planning, budgeting, implementation and monitoring of policies of frontline MCW- implementing agencies and selected LGUs (number to be targeted)
  • 33. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 33 Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW and the CEDAW Strategic Indicator Medium-Term Target Annual Target Strategic indicator 1 Rights-based matrix of results on the implementation of MCW Development of a comprehensive MCW information campaign plan 2012 - Policy commitments of accountable government agencies to conduct public information campaigns on the MCW; - Actual conduct of information campaigns in selected sectors (indicate modalities, coverage and reach) Increased awareness on the provisions of the MCW at the national and local levels 2013 - 20 % completion of actual campaign on MCW by the identified accountable agencies 2014 – 20 % completion of actual campaign on MCW by the identified accountable agencies 2015 - 20 % completion of actual campaign on MCW by the identified accountable agencies 2016 – 20 % completion of actual campaign on MCW by the identified accountable agencies
  • 35. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 35 SECTION 4 Program of Action Programs, plans, and activities (PAPs) to implement the PHRP II are outlined in this section per thematic objective, and by strategic treaty indicators. Implementing the CEDAW Chapter of the PHRP II lies mainly on the identified agencies of the executive branch of the government. Although it is important to note that the legislative and judiciary are indispensable partners to its success. The PHRP II will monitor the performance of the SC-Committee for Gender Responsiveness in the Judiciary (SC- CGRJ) and shall make representations to the committees and members of Congress and the Senate by supporting advocates who will lobby for the passage of bills that uphold women’s rights. Implementation of the PAPs envisioned in this plan may be grouped and summarized as follows: a) Capacity building  Skills training. The PHRP II will design and execute training programs to enhance skills of government workers or “first responders” that are in the frontline of VAW-related services. Rights-based and gender-sensitive approaches will be infused into technical know-how to ensure duty bearers’ competency as well as empathy to VAW victims whose rights need to be respected and protected;  Public forums and other mass communications strategies to broaden duty bearers and claim holders’ knowledge and perspectives on women’s human rights will be organized. Customary laws and practices being the most ubiquitous and enduring vessels of patriarchal traditions, the PHRP II shall open spaces for productive discussions that challenge oppressive and discriminatory attitudes towards women. Debates on highly controversial topics such as divorce, decriminalization of abortion, and the practice of child marriage, arranged marriage, and polygamy under the CMPL are among the topics that will be subject of these public forums. Simultaneously, public events may also be used to feature the gains and promises of gender equality and women empowerment. By highlighting positive changes, commemorative events on women’s empowerment become an ideal venue for human rights education. Print, broadcast, television and various forms of media are suitable complements for this purpose and will be tapped extensively. b) Research and documentation  Research studies will be undertaken for policy formulation and legal review. It will help identify policy gaps in laws that need to be remedied, deepen gender analysis on human rights issues, and draw up evidence for legislative advocacy. The baseline data gathered from studies that are implemented under the plan will be useful in monitoring and evaluating its progress of work;
  • 36. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 36  Setting up of an electronic database for tracking and monitoring VAW complaints will generate useful data for planning appropriate interventions that aim to improve the responsiveness of VAW programs. c) Service delivery  The PHRP II sets up the hardware and software to improve anti-VAW services such as building infrastructure (family courts, women’s clinics, committees on decorum and investigation), provide the goods through welfare programs for extremely marginalized women, and institute changes through policies (transforming court processes, introducing affirmative action measures to achieve gender equity in entry, promotions and safety of women.) d) Networking  Some of the PAPs in the PHRP II consciously aim to build alliances and linkages that are necessary in pursuing advocacies, resource mobilization, and harmonizing the outcomes from various initiatives to produce greater impact in the social environment. The PHRP II is attuned with other interagency plans such as those of the interagency committees on VAWC and human trafficking (IACAT).
  • 38. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 38 Table 6.3. Programs/ Activities/ Projects Thematic Objective 1: To enhance the capacity of the justice system to effectively and efficiently implement existing laws which respect, protect and fulfill the rights of women against gender based violence Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders Priority legislative, administrative, and judicial measures, and performance accountability mechanisms should have been instituted towards improving the administration of justice that promote and protect the rights of women 2012 - Baseline studies on gender-based policies, decisions, practices, systems, and procedures; setting up of performance accountability mechanisms at the national and local levels for monitoring of the implementation of the MCW results matrix 2013- 2014 - Legislative, administrative and judicial Review or conduct inventory of policies, decisions, practices, systems, and procedures to improve the capacity of the justice system and in making it more gender- responsive Review and development of strategic plans of VAWC Laws Philippine Senate, House of Representatives, Supreme Court, Sandiganbayan and most IACVAWC and IACAT member agencies which include PNP, PCW, DILG, DOJ, NBI, DSWD, BJMP and Bureau of Corrections 2nd Quarter, 2012 2nd Quarter 2013- 2nd Quarter 2014 1. Baseline report on the GAD- related policies, decisions, practices and mechanisms in the justice system 2. Gender- responsive Performance accountability mechanisms at the national and local levels for monitoring of the implementation of the MCW results matrix 3. Strategic Plan of the Inter-Agency Council on Violence Against Women and Their Children (IACVAWC) 4. Strategic Plan of the Inter-Agency
  • 39. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 39 Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders measures involving the implementation of the 5 priority laws 2016 - Accountability mechanisms, gender-sensitive decisions increased Council Against Trafficking in Persons (IACAT)
  • 40. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 40 Thematic Objective 2: To ensure the implementation of the provisions of the MCW, and institute legal and administrative reform mechanisms in the national and local levels that will enhance the implementation and monitor its progress Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders Institutionalization of functional GAD Focal Point System in all line agencies mandated to implement the MCW Gender audit results for frontline MCW implementing agencies 2012 Functional GAD focal points Inventory/base line of policies, programs and mechanisms per agency 20% completion of gender audit, analysis, assessment, planning, budgeting, implementatio n and monitoring of policies of frontline MCW- implementing agencies and selected LGUs 1. Conduct of inventory of policies, programs and mechanisms on GAD per agency; 2. 3. Issuance of the GAD Focal Point System; 4. 5. Policy 6. Issuance of the revised Guidelines on the preparation of GAD Plan and Budget and Accomplishment Report 7. 8. Creation and/or strengthening of GAD Focal Point Systems in frontline MCW- implementing All agencies spearheaded by PCW together with oversight agencies such as CHR, CHED, DepEd, DSWD, DOLE, CSC, DILG, DOH, DOJ, NEDA, DND, NAPC and OPAPP 2nd Quarter, 2012 3rd Quarter, 2012 4th Quarter, 2012 1st Quarter, 2013 1 Inventory of policies, programs and mechanisms on GAD per agency 2 GAD Focal Point System Policy per agency 3 Guidelines on the preparation of GAD Plan and Budget and Accomplishment Report 4 Strategic Plan on the conduct of gender audit to frontline MCW implementing agencies and selected LGUs
  • 41. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 41 Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders 2013 - 20% completion of gender audit, analysis, assessment, planning, budgeting, implementatio n and monitoring of policies of frontline MCW- implementing agencies and selected LGUs 2014 - 20% completion of gender audit, analysis, assessment, planning, budgeting, implementatio n and monitoring of policies of frontline MCW- implementing agencies and selected LGUs agencies 9. Development of a strategic plan on the conduct of gender audit to frontline MCW implementing agencies and selected LGUs (scheduling and prioritization of agencies and LGUs) 2nd Quarter, 2013 – 4th Quarter, 2016
  • 42. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 42 Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders 2015 – 20% completion of gender audit, analysis, assessment, planning, budgeting, implementatio n and monitoring of policies of frontline MCW- implementing agencies and selected LGUs 2016 - 20% completion of gender audit, analysis, assessment, planning, budgeting, implementatio n and monitoring of policies of frontline MCW- implementing agencies and selected LGUs
  • 43. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 43 Thematic Objective 3: To raise the level of public awareness of duty bearers and claimholders on the MCW and the CEDAW Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders Development of a comprehensive MCW information campaign Plan Increased awareness on the provisions of the MCW at the national and local levels 2012 - Policy commitments of accountable government agencies to conduct public information campaigns on the MCW Actual conduct of information campaigns in selected sectors (indicate modalities, coverage and reach) 2013 – Actual conduct of information campaigns in selected sectors (indicate modalities, coverage and reach) 2014 – Actual conduct of 1. Issuance of policy commitments of accountable government agencies to conduct public information campaigns on the MCW 2. Identification and prioritization of women sectors in which to conduct public information campaign 3. Conduct of national women’s month celebration with CEDAW as theme from 2006-2008; 4. Information campaign and documentation by Women’s Feature Service for All agencies PCW, DSWD, NAPC, NEDA 1st Quarter, 2012 2nd Quarter, 2012 1st Quarter, 2012 2nd Quarter, 2012 – 4th 1. Memorandum, Announcement, Department order or any policy commitments of accountable government agencies to conduct public information campaigns on the MCW 2. Documentatio n of information campaigns conducted by agencies 3. Media Plan for MCW public awareness 4. Prioritization Plan (which women sector to prioritize) in the conduct of information campaign 5. Documentatio n of Women’s Month Celebration 6. MCW IEC Materials
  • 44. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 44 Performance Targets Programs/ Activities/ Projects Coverage Responsible Stakeholders Target Date/s Expected Outputs Medium Targets Annual Targets Duty-Bearers Claimholders information campaigns in selected sectors (indicate modalities, coverage and reach) 2015 - Actual conduct of information campaigns in selected sectors (indicate modalities, coverage and reach) 2016 – Actual conduct of campaign in selected sectors (indicate modalities, coverage and reach) implementation of the 4-year CEDAW Philippine program. 5. Conduct of information campaigns 6. Production of IEC materials 7. Quad media coverage Quarter, 2016 2nd Quarter 2012- 4th Quarter, 2016 2nd Quarter 2012 – 4th Quarter 2016
  • 46. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 46 Section 5 Linkages with Other Development Initiatives and Plans A number of international and national initiatives closely intersect with the CEDAW Chapter of the PHRP II. First, it is anchored on the Philippine government’s global commitments to the Beijing Platform for Action in which governments are regularly monitored on the progress of their interventions for women in 12 areas of concern: poverty, education, health, violence, armed, and other conflicts, economic participation, power sharing, and decision-making, national and international machineries, human rights, mass media, environment and development, and the protection of the girl child. Women comprise half of the Philippine population and gender being a crosscutting issue, the CEDAW-PHRP II also complements with the Philippine government’s targets for attaining the MDGs. Although MDG 3 focuses on promoting gender equality and the empowerment of women, the goal is also to ensure that gender equality concerns cut across all the other MDGs. In addressing poverty and hunger, conscious efforts must be made to target women and girls. MDG 5 about reducing maternal mortality is clearly a women’s concern. Providing access to reproductive health services must be a choice for women. Aside from international instrumentalities, the CEDAW Chapter of the PHRP II reflects the commitments of two (2) national plans on women. First, the Philippine Plan for Gender-Responsive Development (PPGD) for 1995-2025, which took effect through EO No. 273, is the blueprint for all actions aimed at mainstreaming gender into the national development process. Moreover, it serves as the springboard for succeeding national policies and initiatives that took on the issues of VAW, gender inequality and discrimination. The PPGD is based on the Philippine Development Plan (PDP), the development master plan of the Philippine government. Second, the Framework Plan for Women, which is a time slice of the PPGD, invited for a more invigorated approach to protect women’s human rights, increase women’s economic participation and strengthen gender responsive governance. Thematic plans of inter-agency committees that were formulated on the basis of legal instruments signifying the Philippine government’s commitment to promote and protect women’s rights are significantly related to the PHRP II. There are three, namely: (1) IACVAWC which addresses violence within intimate-partner relationships; (2) Interagency on Human Trafficking, and (3) the National Action Plan on the implementation on UN Security Council Resolutions 1325 (Participation of Women in Peace building) and 1820 (Ending systematic sexual violence in armed conflict), which was prepared through the joint efforts of the PCW, OPAPP and several NGOs. It is only logical that local plans embody national plans as well as international commitments. Gender and Development (GAD) Plans that are prepared by government agencies and LGUs are therefore expected to be aligned with the CEDAW-PHRP II. The preparation of GAD plans and budgets that are governed by guidelines of the DBM-NEDA-PCW Joint Circular No. 2004-1 requires synchronization between national and local gender mainstreaming plans. In the advent of the implementation of a
  • 47. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 47 rationalized local planning system that will reduce the preparation of local plans to the Comprehensive Development Plan (CDP), Comprehensive Land Use Program (CLUP), and Annual Investment Plan, the impending localization of the CEDAW-PHRP II could ensure that women’s rights and gender equality concerns will be integrated in these local development plans.
  • 48. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 48 SECTION 6 Human Rights Capacity Building Plan Crucial in the realization of the CEDAW Chapter of the PHRP II’s objectives is the capacity of the duty bearers in the fulfillment of their roles and responsibilities specified in the plan. Gaps were identified per process level, from the preparatory phase down to the implementation, monitoring and review of the plan. Each process level identified capacity gaps that need to be addressed together with the required competencies and corresponding capacity building activities to be conducted for the duty bearers. The Human Rights Capacity Building Plan shall not only equip the duty bearers and other frontline service providers in doing their roles and responsibilities under the CEDAW-PHRP II but it shall also complement them the needed capacities in mainstreaming gender within their respective agencies, and in the development and implementation of other relevant plans on women (i.e. Women Empowerment, Development and Gender Equality or the WEDGE Plan). (Kindly refer to the table on the following page.)
  • 50. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 50 Table 5.4. Human Rights Capacity Building Plan PHRP PROCESS DUTY-BEARERS ROLES & RESPONSIB ILITIES REQUIRED COMPETENCE CAPACITY GAPS CAPACITY BUILDING ACTIVITES COMPLETION TARGET DATE RESOURCE REQUIRE- MENTS Preparatory Thematic Cluster government members Draft Thematic Plans Appreciation of the Gender and development (GAD) perspective Knowledge of Gender mainstreaming skills Familiarity with other HR instruments and international commitments (i.e., UN Security Council Resolution 1325 on Women, Peace and Security) Inability to recognize gender issues within the human rights discourse, and how these affect achievement of development goals. Five-day Live-in Trainors’ Training on GAD, MCW, CEDAW, HR & HRBA Follow-up mentoring sessions 2012, 1Q P 500,000 3000x5days x35pax Adequate understanding of the CEDAW and its practical application Familiarity with previous CEDAW Country Reports and Concluding comments Shadow Reports. Limited knowledge of CEDAW and/or lack of skills on how it may be mainstreamed into their organization’s programs Insufficient knowledge of other HR instruments and their interconnection to CEDAW. Ability to apply tools in National Action Planning and the Results Based Approach (HRBA) Familiarity with other related development plans Lack of skills in harmonizing various plans with gender equality and empowerment goal Development Thematic Cluster government members Develop Thematic Plans Conduct consulta- tions Clear grasp of women’s issues in human rights High level of familiarity with the home organization’s priorities and future plans. Inadequate technical skills in planning and development Series of Consultation meetings and coaching sessions 2012, 2Q P 50,000
  • 51. _______________________________________________________________________________________________________________ Convention on the Elimination of All Forms of Discrimination Against Women 51 PHRP PROCESS DUTY-BEARERS ROLES & RESPONSIB ILITIES REQUIRED COMPETENCE CAPACITY GAPS CAPACITY BUILDING ACTIVITES COMPLETION TARGET DATE RESOURCE REQUIRE- MENTS Develop a Monitoring and Evaluation (M&E) System for the PHRP II Finalize the PHRP- CEDAW Cluster and present for approval by cluster members Knowledge in setting success indicators and targets, and designing M&E systems Lack of technical knowledge in gendered M&E design (this topic will be incorporated in consultations above) 2012, 3Q (included in budget stated above) Implementa- tion Members of CEDAW Thematic Cluster Concerned Congressional Committees Judiciary Conduct of Planned programs/p rojects/acti vities Ability to harness human and financial resources efficiently Good organizing skills Results-orientation Lack of gender sensitivity among implementors Lack of experience on HRBA application Inadequate advocacy and networking skills to be able to gather support for programs Lack of PCW personnel, no regional field offices Roll-Out training on GAD, MCW, CEDAW & HRBA, plus advocacy and monitoring skills 2012, 4Q P 1,500,000 3000x5days x35pax x 3major island groups Production and distribution of an PHRP-CEDAW implementors manual / quick reference guide 2012, 4Q P 100,000 Monitoring PCW PHRC Members of CEDAW Thematic Cluster Monitor implementa tion of PHRP programs/ project/acti vities Conduct of monitoring & evaluation Preparation & submission of progress reports Monitoring and Evaluation skills Data Collection, Analysis and Interpretation Report Writing Skills Lack of PCW personnel, no regional field offices Regular coaching, mentoring sessions, and monitoring sessions with focal persons of implementing institutions 2012-2016 P 200,000