DEVS, is a program created by Advocates for Women and Children's Rights, in 1993. That was twenty years ago. DEVS means, "Development thru Enrichment of Values and Spirituality".
That early, advocates for Women's Human Rights and Gender Equality have become aware
that changing mindsets of people holding positions of power tasked in the administration of
justice to ensure that rights of women and children are upheld and respected, is not a walk
in the park. This is so because of the pervasive culture of patriarchy in the Philippines.
The observation that changing mindsets is not easy is confirmed by the worsening state in the administration of justice in our country.
There is so much miscarriage of justice happening all over. Despite the clear pronouncement of President Benigno Simeon C. Aquino 111, PNOY, that his administration will push for Judicial Reform, the Transformative Justice Institute (TJI) continuously receive reports of miscarriage of justice involving women and children with judges or justices blaming the victims for what happened to them in RICAVAWC cases. Those are cases of rape, incest, child abuses and violence against women and their children.
A court order dismissing a rape case filed by a young woman against a powerful politician in Mindanao was recently forwarded to TJI for analyses. In that case, the private prosecutor was requested by the government prosecutor to appear since he sensed that the case will be fixed due to the manner the judge was treating the private complainant.
The private complainant was actually assisted by some women from the media who learned
that the complainant was so afraid to file a case since the doer of violence is rich and powerful.
True to form, the judge dismissed the case.
It is the same judge who also dismissed the case against a scion of another rich and powerful political family despite the clear proof of guilt beyond reasonable doubt presented
by the prosecution against the accused, who shot dead a young man in the presence
of witnesses who testified in court.
The victim who was killed belongs to a middle class family with well known relatives
who are lawyers in the locality. Yet they felt helpless with what happened to their case.
The judge appears untouchable. He flaunts his connections. Out of sheer frustration the
government prosecutor who handled the case involving the killing of a young man, tendered
his resignation. That resignation was in the headline news of the local papers. Talks abound
about the million reasons for the dismissal of the case. The judge is well connected due to
his blood and fraternity ties.
Situations like these, continue on and on and on. There is no immediate recourse or measure
for peace loving citizens to take since they feel and know that elevating a case against
the judge is but an exercise in futility considering his connections all the way to the
Supreme Court.
In the end, victims and their lawyers just lift up everything to God if only to find some
consolation and appease their troubled spirits as they believe that ultimately God will
take charge and deal with the unjust and corrupt judge.
In the meantime, the culture of impunity goes on and on.
One suggestion or recommendation that is gaining popularity nowadays is the need for
a mechanism or machinery for the local people to have a say on who should be appointed
as judges in their locality. Of course, this will require consitutional amendment. But it
is a suggestion really worth looking into and should be considered in the event an
amendment of the constitution takes place. Indeed, there are several provisions in the
Constitution about the Judiciary that needs review and improvement.
In a study we conducted, we have established the existence of the Intertwining Culture
of Patriarchy, Corruption and Impunity in the Philippine Justice System. Despite
the continuing advocacy for the transformation of the justice system by many of us
for the past thirty years nothing much changed.
As a matter of fact the judicial system became worse during the PGMA administration.
So when PNOY made pitch for judicial reform we were thrilled and thought that, finally things
will be better. We continue to hope and pray for judicial reform to take place during the last
three years of PNOY in office.
Every now and then we hear some lawyers declare their disgust, rage and frustration
against certain judges and justices. Not a few lawyers have decided to cease in practicing
their profession. Many now refuse to appear before the courts of law. The more lamentable
part of this is, some of these lawyers are still very young and truly promising.
The worst impact in the ill administered cases is of course on the victims and their families.
Thus, an alternative approach is being popularized through NGO's via Justice and Healing,
but such cannot be far reaching because of many limitations. Government is duty bound to
deliver justice and healing to victims of violence.
In the dialogue we had with the Committee on Gender Responsiveness in the Judiciary (CGRJ) of the Supreme Court, last year, so many issues were raised. Except for few disagreements, everyone recognized the need for justice and healing to take place for victims of violence. One can readily see that there are many well meaning people both inside and outside of the judiciary who desire for judicial reform to take place.
Apparently, there is no Comprehensive program on reform of the justice system that is being implemented by our government. It seems government itself does not know how
to go about the business of transforming the justice system given the reality that there were
already many attempts on this in the past. Clearly, those programs miserably failed. So here
we are, with a worsening condition in administration of justice in our beloved country.
Many advocates now openly declare that no amount of trainings like GSTs, Gender Sensitivity Trainings would be enough to transform or reform institutions, such as government agencies and instrumentalities tasked in the administration of justice involving cases of women and children victims of violence.
The Transformative Justice Institute, is popularizing DEVS, for genuine transformation
or reform to take place in the administration of justice. We believe that it is only when
workers in the various pillars of justice including the community, will endeavour to
embrace the right values such as being: upright; respectful of the rule of law, human rights and gender equality, and become practitioners of ethical administration of justice; will
transformation in the justice system take place.
Most important of all, is the aspect of spirituality. It is important for everyone tasked in the administration of justice to reflect about their relationship with the God, whose aid we
implore in our Constitution, the God to whom we address prayers every time any level of
the court would go on session, and the God to whom we swear to and promise to be good
public servants when we take our oaths of office.
Come on, let us do DEVS.
"Thus says the Lord: Do justice and righteousness, and deliver from the hand of
the oppressor him who has been robbed. And do no wrong or violence to the
resident alien, the fatherless, and the widow, nor shed innocent blood in this place."
( Jeremiah 22:3).
Dory Cruz Avisado
May 28, 2013
