Sunday, March 31, 2013

LEAP Justice


The entire month of March is celebrated in the Philippines as Women’s Month.

When we review the various programs and policies of the Philippine government designed to protect women’s rights as human rights you would think that we are already in good shape in this regard. The Philippines is rated number 8 in the world in the area of Gender development; so far the highest in Asia.

RA 9710, the Magna Carta of Women (MCW) that took effect almost 4 years ago is very much in place. The Philippine Commission on Women (PCW) is doing its best in promoting the compliance and observance of  MCW. PCW is implementing the program called WEDGE, Women Empowerment and Development towards Gender Equality.

Davao City is a good example of a Local Government Unit (LGU) in the area of Mainstreaming Gender and Develoment (GAD). There are  concrete programs of women empowerment long before MCW was passed.

About 16 years ago, Davao City passed a local ordinance called Davao City Women Development Code, the first ever in the Philippines. There is a functioning Integrated Gender Development Division (IGDD) in the local government  that implements programs on women empowerment and Gender Equality all the way to the various barangays in all the three districts in the city.

Much earlier, the WOMYNET, or Women Network Group was recognized by the local chief executive of Davao city as a network of government agencies, non-government organizations and church based organizations with programs on women and children. The Executive Director of Womynet comes from an NGO and church based group. The policy makers sitting in the Management Committee  or MANACOM, are from both government and non-government organizations. The coordination and cooperation of all agencies with programs on women and children is truly amazing such that the Women Network has really become a force in itself. It is a very rich resource for study of various cases involving women and girl children.

For decades  the WOMYNET has been in the forefront in pushing for the transformation of the Philippine justice system. Along with the Transformative Justice Institute  ( TJI) in alliance with the , Advocacy Consultancy Counseling and Christian Teachings and Training Services Center (ACCCTTS); the Good Shepherd Sisters (RGS); Men Opposed to Violence Everywhere (MOVE); the IGDD; and LawInc.,  WOMYNET  is instrumental in the creation of the National Movement for Transformative Justice (NMTJ). WOMYNET has never wavered in its resolve to protect the human rights of women and girl-children.

The Transformative Justice Institute has been monitoring cases involving women and girl children including drugs cases. We do gender analyses on why we are still facing so many problems and challenges in the administration of justice especially in cases involving women and girl children. As reported there are still so many incidents that allow tremendous miscarriage of justice in cases of rape, incest, child abuses and violence against women and children (RICAVAWC). In regular dialogues conducted by TJI among all the pillars of the justice system in Davao City, the wish for a transformed judiciary continues to reverberate. The same wish can be heard all over the country.

Many times people have pleaded for the national government to implement RA 8369 for the creation of Regular Family Courts. Despite some initial commitments for its implementation from high ranking officials under the present administration, nothing concrete has been done. Apparently there is no clear program designed by the present government in pursuing its proclaimed desire for Judicial Reform.

Through the years and considering the various researches and studies conducted regarding the continuing challenges on why despite decades of advocacy for women’s rights and protection with both gender sensitive men and women already joining hands in advancing the cause; many women and girl children  victims still continue to suffer and are violated. In many instances the designated Family courts are not able to administer cases in accordance with the provisions of laws like  RA 9262 or the Anti-Violence Against Women and their Children Act of 2004.  

The earlier findings of the Transformative Justice Institute that there is an intertwining culture of partriarchy, corruption and impunity in the Philippine Justice system is still very true. The impeachment of a former Chief Justice and the appointment of the first ever female Chief Justice of the Philippine Supreme Court  are very remarkable and welcome developments. Still, they are apparently not enough to turn around the intertwining culture.

 For the many women and girl children victims of violence and their support groups we are not yet seeing  any significant changes  to rejoice and really celebrate this women’s month. The continuing prayer is that something more concrete can be in sight next year.

With only about three years remaining for the present President who committed judicial reform to take place under his administration, more concrete and purposive actions must be initiated and done very soon.

 The LEAP JUSTICE or the Laypersons/Lawyers for Ethical Administration of Philippine Justice and the National Movement for Transformative Justice are willing to participate in any discussion that can lead to the transformation of the Philippine Justice System in general and to judicial reform in particular.

Proverbs 31:9 “ Speak out, judge righteously, defend the rights of the poor and the needy”

Dory Cruz Avisado
3-31-13