DEMOCRACY PART C ( BLESSINGS OF DEMOCRACY) PART 6 ON HUMAN RIGHTS GENDER EQUALITY AND RULE OF LAW

This is a continuation of our discussion on the blessings of democracy which as Filipinos we continue to be deprived of, due to the inability of our government to build a just and humane society as envisioned in the Preamble of the 1987 Philippine Constitution.

The second indicator we are looking for is whether our government has already "established a government that shall embody our ideals and aspirations". Again,  we see the continuing failure of our government on this, especially if we analyze the present situations, conditions and circumstances of the various pillars of the criminal justice system.

We already discussed in the preceding post under Number  2 indicator, the Law Enforcement. Let us tackle the other pillars of the criminal justice system, to wit:

PROSECUTION:

Crimes would always be present in every nation and society. There is no nation which is totally crime free. That is why criminal laws are set in place. Many strategic nations are able to do both effective crime prevention and crime solution. In the Philippines, both effective crime prevention and crime solution are missing.

Many developed countries have  very good programs that make sure that its citizens are not living in poverty  Most if not all of their citizens are gainfully employed or with decent livelihood programs. Their programs and  policies on the delivery of basic social services are effective and efficient. Discrimination is almost non existent. The economic growth is inclusive. In those countries crime rate is very low and almost nil.

Governments are able to control crime incidents because most of their citizens are happy, and contented. Citizens of well developed communities become peace loving. They are also vigilant and so empowered that crime syndicates would be unable to thrive in their localities and countries.

Countries with high regard and respect for human rights, gender equality and the rule of law are oftentimes  very peaceful especially because their criminal justice system is effective and efficient.  Citizens in those countries become seriously concerned over news about even a single crime being committed in their areas. When crimes occur citizens expect that those responsible are charged and convicted and held responsible to pay for the felonies they have committed.

Sadly, in the Philippines many, including the President, appear not to give  much value, importance and the needed serious concern over hundreds of crimes committed each day. A clear example of this is the laglag bala controversy. It is ironic that both the DOTC Secretary and the President did not give importance to the reports as they cited statistics that there are only a few hundreds of such incidents that happened. They apparently downplay the incidents to protect high ranking officials who are close to them, from losing their posts at the International airport.

 Many of our leaders would only like people to focus  on economic growth which is not  inclusive. This imbalance in the outlook of leaders contribute to the growing crime incidents in the country.

Government do not have much regard to those who are prone to commit crimes. Most of them are ripped off of their dignity and self worth as human beings. Oftentimes human beings desire for their dignity and worth to remain intact rather than for them to be broken and be called criminals.

Under the Philippine setting  due to the inequitable distribution of wealth and the lack of opportunities for many to land decent jobs, they are constrained to do illegal acts.  Many of them  go hungry. Many are into drug abuse and are easily exploited to become drug pushers. Many of those who are exploited to push dangerous drugs are women and children who are very poor.

Despite the alarming situation of dangerous drugs practically in all communities in the entire country, our government both national and local have no concrete programs to eradicate this malady. Crime prevention in the barangay levels ought to have  concrete and strong programs where ordinary citizens who are part of the Community as a pillar of the Criminal Justice System are able to participate.

Our citizens deserve peaceful communities free from all forms of crimes including the proliferation of dangerous drugs. It is part of our human rights. The government as the duty bearer owes us that. 

It is in this regard that I find the need to go back to the discussion of the basics of what is vital for all the citizens  such as to remind everyone about the importance of respecting and upholding human rights gender equality and the rule of law.

If all programs of government both local and national are designed using the human rights based approach, we will be able to realize what we aspire for under the 1987 Philippine Constitution.
 In effect we are ensuring that we are able to attain all the blessings of democracy.

Some salient provisions of the Universal Declaration of Human Rights (UDHR) give us a glimpse on why some people commit crimes including rebellion. Let us review some provisions of the UHDR starting from its preamble:

 Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of  freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of humankind, and the advent of a world in  which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if human is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations, 

Whereas, the people of the United Nations have in the Charter reaffirmed their faith in the fundamental human rights, in the dignity and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood/sisterhood.

Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

There are so many pending criminal cases before the Public Prosecutors Offices all throughout the country. The continuing issue of the intertwining culture of corruption, patriarchy and impunity is pervasive in all the pillars of the justice system. It also hounds the office of Public Prosecutors.

Many public prosecutors are reported to be involved in selective justice due to political and fraternity ties. As a result, many who ought to be serving sentence in the penitentiary are out enjoying their lives while many who could be innocent of charges against them are detained for the past twelve years with their cases remaining unresolved.  

It is only when workers in all the pillars of government, including the prosecution, will deeply embrace human rights gender equality and the rule of law, that justice will be truly served for all. That is a blessing of democracy.

We should all work  to ensure that dignity and worth as well as rights of all Filipinos are protected.

As it is today, it appears that many people have  become desensitized, feeling hopeless that transformation can still happen.

Crimes being committed right now for  instance of such magnitude as the killing of Lumad leaders in Mindanao is not given appropriate attention. Unfortunately, not a single political leader is tackling this issue and is offering solutions. This should be a principal concern of law enforcers and the Public Prosecutors. They should not wait for politicians to push them to investigate and prosecute. They should take the initiative and do their jobs in accordance with law.

It is right to rejoice and celebrate the economic growth of our country. But we should check its impact on those who are prone to commit crimes. Yes we should be happy that many Filipinos are becoming globally recognized because of our God given talents but we should never lose sight that many more who could be as talented or even better, are not given such opportunity. Instead many of them become CICL or Children in Conflict with Law.

The blessings of democracy can be gauged and seen on how government officials are able to establish a government that shall embody our ideals and aspirations. As  citizens of this country it is our right. Let us demand it.   At the same time, let us be very discerning in choosing our political leaders who can lead the nation and who will make sure that we can have the blessings of democracy.

We will tackle the Courts in our next article on the blessings of democracy.


In the book of James Chapter 3 verses 4 to 10 of the New Testament of the Bible, it states:

When we put bits into the mouths of horses to make them obey us, we can turn the whole animal. Or take ships as example. Although they are so large and are driven by strong winds, they are steered by a very small rudder wherever the pilot wants to go. Likewise the tongue is a small part of the body ,but it makes great boasts. Consider what a great forest is set on fire by small spark. The tongue also is a fire, a world of evil among the parts of the body. It corrupts the whole person, sets the whole course of his life on fire, and is itself set on fire by hell.

All kinds of animals, birds, reptiles and creatures of the sea are being tamed and have been tamed by man, but no man can tame the tongue. It is restless evil, full of deadly poison.

With the tongue we praise our Lord and Father, and with it we curse people, who have been made in God's likeness. Out of the same mouth come praise and cursing. My brothers and sisters this should not be.

May we all have a very Merry Christmas and a Joyful and Peaceful New Year !!!

Dory Cruz Avisado
12-16-2015 

DEMOCRACY PART B (PART 5 ON HUMAN RIGHTS GENDER EQUALITY AND RULE OF LAW)

It is usually the desire of citizens in a Democratic Society to have justice and peace where human rights, gender equality and the rule of law is respected and upheld. Sadly, many Filipinos including professionals, people in government and in various private sectors including some political and religious leaders are not totally aware of the reality that even with the supposed restoration of democracy in the Philippines under the 1987 Philippine Constitution our situation in this country, is not actually a functioning democracy. Our democratic system is dysfunctional due to many factors.

In many highly democratic countries where the human rights of its citizens are respected and upheld all the time, many people appear to live happy and joyful lives as they enjoy the blessings of democracy.
In those countries you see that Social Justice is strong.

The delivery of basic social services is effective and efficient. That is what I saw in the Scandinavian countries particularly in Denmark, Norway and Sweden.

The blessings of democracy however do not come naturally. The people, the entire nation, in our case the Filipinos, should work for it. There is already a legal basis for us to demand for the blessings of democracy. The same are enshrined in our 1987 Philippine Constitution.

The Preamble of our Constitution  clearly emphasizes that the blessings of independence and democracy should be pursued under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.

The blessings of independence and democracy can only be achieved if we see and feel the following indicators pertaining to situations, conditions and circumstances already present and prevailing in our country.  Such indicators are emphasized in the early part of the Preamble of the 1987 Philippine Constitution, to wit:

    1.      THAT WE HAVE A JUST AND HUMANE SOCIETY.
        
            In  a just and humane society, generally, people will be happy and joyful.
             But what do we see each day in our beloved country ?
         
             Each day we see people living their lives in inhumane conditions;
             Each day we see so many people including  women
                           and young children without homes;
             Each day we see many people wandering in the streets
                         scavenging for food from trash bins;
         
             Each day many women complain as they are victims of violence.
             Despite the existing laws  designed to protect them they continue
              to suffer due to the inability of the duty bearers,
             particularly of the people in government to effectively
                              implement and enforce the laws.

             Each day many people especially women and children complain
             about being victims of injustice oftentimes even caused by people
              in government including Judges in our courts of law who are
            clearly lacking in gender sensitivity and responsiveness.
     
Such condition of lack of gender sensitivity and responsiveness continue in our courts
despite the clear mandate of our laws where 5% of the budget of each government
entity or instrumentality including government owned and controlled corporations
are dedicated to capacity building for government workers including judges
and court personnel;  to remove all forms of biases to enable them to apply
the laws in accordance with its purposes as articulated in the declaration of principles.
       
 The list of situations, conditions and circumstances describing the absence of a just
 and humane society in our midst  showing that we are not yet enjoying
 the blessings of Democracy, where Human Rights, Gender Equality and the
Rule of Law is respected and upheld would be very very long.
Somehow we can tackle few items through this and the succeeding articles.

We need to discuss other indicators for us to see and feel the blessings of democracy
with few examples in this regard.

 2.  THAT WE HAVE A GOVERNMENT THAT EMBODY OUR IDEALS AND ASPIRATIONS.

           Each Filipino may have a different ideals and aspirations. But generally all Filipinos aspire for a just and humane society  which the government is primarily bound to establish.
Given our present condition, our government continue to fail us in this regard.

A simple review of the various government pillars comprising our criminal justice system will project to us the following, to wit:

The Law Enforcement particularly the Philippine National Police (PNP) is unable to solve many different crimes including the proliferation of dangerous drugs all over the country. Many lives are destroyed due to dangerous drugs. Many heinous crimes like rape and murder continue to rise also due to drug abuses of many of those who commit such crimes. Many cases of violence against women and children (VAWC) continue to happen due to drug abuses.

The worse part of the story about dangerous drugs as reported by some investigative reporters is that many of those  police persons who are supposedly involved in successful drug bust or operations actually report only a portion of the confiscated drugs as the police persons themselves push for the drugs which they withhold.

The allegation that  summary execution is effective in eliminating drug pushing  in places like Davao city as means of putting a stop to the proliferation of drugs is clearly a fallacy.
Clearly only the poor  and small time players are killed and eradicated with impunity. 

Drug pushing, possession and use continue to proliferate and rise  in Davao City.
The situation could be worse in other localities.

When I resigned as the Presiding Judge of  the only drugs court, the Regional Trial Court Branch 9 in Davao City in March 2004, for me to do full time advocacy for the transformation of our the Philippine Justice System, the number of drugs cases pending is less than 600. To be exact, the pending cases ending year 2004 were 561.

As of today, where two courts are serving as Special Drugs Court there are close to 4,000 cases already pending. Regional Trial Court Branch 9 have 2,398 cases while RTC Branch 13 has about 1,500 cases.

Despite the much ballyhoed killing of people involved in drugs trade in Davao city its eradication was not sustainable as clearly shown by the above figures. Clearly, summary killing is never the answer. The solution ought to be effective law enforcement.

While many are behind bars and are under detention, at the facilities of the Bureau of Jail Management and Penology in Ma-a Davao city, many others have taken over the job of drug pushing. Yet government, both national and local are not offering and doing concrete actions to genuinely stop the condition. 

Many police persons are also reported to be involved in various other crimes like hulidap, car napping, murder, etc.

Many of those who are watching teleseryes like FPJ's ANG PROBINSIYANO played by Coco Martin, swear how real is the depiction of a police force in charge of Law Enforcement. Many of the police officers are connected with big time syndicates.

Apparently, big time members of syndicates within the police force  are powerful enough to manipulate many things including reassignment of  a good,albeit hot tempered policeman. The  probinsyano was transferred from the CIDG to the traffic division.

Most likely at the end of the teleserye, the hero will prevail but that is not the real scenario expected of the PNP today unless the truly powerful leaders, the political leaders, particularly the President, will have the political will to transform the Philippine National Police.

As I see it, an iron hand President who advocates for Summary Executions of Criminals is not the solution in solving the rising crime incidents in the Philippines. The same will just contribute to the further breakdown of law and order. Such situation only create monsters from the PNP who themselves turn out to be big time criminals.

The approach for sustainable development in fighting crimes should be to ensure that police persons who are truly qualified for the position have the proper trainings.

They should have the right knowledge, skills and attitudes expected of police persons.

Our police force must be properly equipped and should be steps ahead of the criminals so that they can prevent commission of heinous crimes.

 The police force must be the real beneficiary of the intelligence fund of our government.

As it is today, the political leaders are the ones who have control of a huge chunk of the intelligence fund thus many police persons kowtow to their desires including illegal activities.   

Police persons should be trained with the right values of loyalty to God and country.

They should be respecters of Human Rights Gender Equality and the Rule of Law.

With the right values and spirituality of love of God and country they will appreciate their dignity and self worth, and the dignity and worth of other people.

Police persons must be given the right salaries, wages and other benefits so that they can live quality lives knowing that their positions are  risky and hazardous.

I will continue to discuss the other pillars of the criminal justice system in my  article early next month.

As we again commemorate the 18 day campaign to end Violence Against Women from November 25 to December 12, let us support the call of the Philippine Commission on Women (PCW)  to " End VAW now,  It's our Duty....Gains and Ways Forward".

Jesus Christ, our Lord, Master and King said in Matthew Chapter 6 verses 19 to 24:

 Do not store up for yourselves treasures on earth, where moth and rust destroy, and where thieves break in and steal. But store up for yourselves treasures in heaven  where moth and rust do not destroy and where thieves do not break in and steal. For  where your treasure is there your heart will be also.

The eye is the lamp of the body. If your eyes are good, your whole body will be full of light. But if your eyes are bad, your whole body will be full of darkness. If then the light within you is darkness, how great is the darkness !

No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other.  You cannot serve both God and Money.


Dory Cruz Avisado
11-27-15
       
      




 .

DEMOCRACY (PART 4) ON HUMAN RIGHTS GENDER EQUALITY AND RULE OF LAW

We hear of so many complaints about how our country is very slowly advancing in the areas of human rights, gender equality and the rule of law.

We know that our clamor for inclusive economic growth is very valid given the reality that each day we see homeless people with young children sleeping under bridges or chasing cars begging or selling different stuff. These are forms of human rights violations.

It pains us to see that despite the huge resources of our government so many people continue to suffer especially in times of calamities.

While there are lots of improvements in the area of weather forecasting and preemptive  evacuations many precious lives are still lost due to typhoons and floods. Much more are needed to be done to improve on this area of concern.

We hear of so many people who express disgust and swear to leave our beloved country if this or that candidate wins the presidency.  Sadly, many of them are misinformed and are purely relying on what people from the media are dishing out which are not necessarily true or accurate.

For advocates like me who focus on the transformation of the justice system in the Philippines, which is taking place very slowly, hardly can we see the light at the end of the tunnel. Thus, it is very vital to check at what is happening to the rest of the world if only to prick ourselves as we lose patience in achieving our desired transformation and development.

My  latest exposure trip outside the country this year, made me realize that we really have so much to thank God for, despite the slow progress and development taking place here in our country.

 Last August until mid October this year, I travelled to about 19 countries, 18 of which are in Europe covered by SCHENGEN visa. We covered a little more than 40 cities.  I talked with a lot of knowledgeable people coming from various backgrounds and professions.

In Berlin, now the capital city of Germany, I have readily noticed the whale of difference of how things are now than what it was twenty seven years ago.

In 1988, while the East and West Germany were still divided I had the opportunity to get inside East Berlin via the train to observe the situation of women and children in the other side of the wall that divided the city.

Twenty seven years ago, I stayed in West Berlin for about a week. Before Berlin,  I stayed in Bonn, the previous capital of Germany and the other nearby places of Dusseldorf and Cologne for about four weeks. Those are all in connection with the short course I  took on Social Development, Law and Justice with focus on women and children.

The one day exposure trip  I had in East Berlin in 1988 will forever be etched in my mind. I observed people's behaviors and movements. I observed different folks, young and old, male and female, and nobody is smiling. They look at us with empty gaze. Many are walking like zombies and the atmosphere is very gloomy. Very sad.

Our guide pointed to a spot in East Berlin where Adolf Hitler purportedly committed suicide. It was good that I had an instant "polaroid" camera with me at that time and I was able to pose for a picture at the Brandenburg gate in the Eastern side of Berlin.

When I heard the unification of Germany in 1989 and the removal of the wall that separate them I feel joyful. I prayed that the situation of the women and children in the east side of Berlin will improve and they can be as dynamic and happy as the women and children at the west side of Berlin. Those women and children I saw in West Berlin, though victims of different forms of abuses are smiling and are able to talk with us freely. 

When I again set foot in the eastern Section of Berlin and  had my picture taken last month, in the same spot at the Brandenburg gate, I find that truly meaningful.

 It was a momentous occasion for me. I told my companions that now all the people I see, young and old, male and female especially the children are happy. Everyone is smiling.

That opened up an opportunity for all of us to talk about the importance of Democracy.

As a Senior citizen, I find it very vital to share with young Filipinos the condition of our country under the Martial Law years.

 Indeed, given the realities of Philippine politics there can be lots of twists and turns that can mislead our young people who might not be able to value the restored democracy in our country  by way of People Power bloodless revolution in 1986.

 Given so much freedom nowadays and the democracy that we enjoy it seems hard for those in their thirties and younger to believe the sufferings of many under a dictatorship for almost twenty years.

Both of my children Gemma and Ethel who are now in their early thirties  are very much aware of the Filipino people's situation under the martial law years. My husband, Wendel and I, deliberately talk to them about the past and the lessons they need to understand about our beloved country.

Our children are well informed of the importance of enjoying their rights as citizens under the Bill of Rights of the Philippine Constitution. They know that they are duty bound to help ensure that the dark days of martial  law will never happen again in our country. That it is always important to respect and uphold the rule of law.

It is sad that so many Filipinos would rather have somebody rule the Philippines with "iron hands" to abate criminalities. To put a stop to drug trafficking.  To stop kidnapping and murders and the likes. They want the short-cut way of solving problems not in accordance with law.

Many Filipinos do not see the danger of a one person rule. They do not see how an absolute power by one person can be abused or misused.

Even though our democratic system is not perfect and that we still continue to suffer due to the intertwining culture of corruption, patriarchy and impunity, we are not a hopeless case.

Democracy is the better  way go. The 3 great branches of the government must be able to function effectively and efficiently in order for the proper checks and balances to take place.

What is vital is for us to be able to counter and eradicate the prevailing intertwining culture of corruption, patriarchy and impunity involving all the branches of our government.

We need to advance the culture of honesty, uprightness, simple but joyful living, truth, love, equality, freedom justice and peace.

We can do all these under a Democracy.

I shall further discuss this topic on democracy  next month.

Apostle Paul in the book of Philippians Chapter 4 verses 12 to 13 says:

I know what it is to be in need, and I know what it is to have plenty. I have learned the secret of being content in any and every situation, whether well fed or hungry, whether living in plenty or in want.
I can do all things through Christ who gives me strength.

 Dory Cruz Avisado
10-22-15 




  

CYCLE OF VIOLENCE (Part 3) ON HUMAN RIGHTS, GENDER EQUALITY AND RULE OF LAW

The continuing inability of the Philippine government to effectively apply the many laws designed to protect women and children so that their human rights are upheld and respected is caused by the very conservative and gender insensitive views of many of those tasked to administer justice.

Those views and mindsets are oftentimes observed by court users among Judges of designated Family Courts. Many Family Court Judges assert that families should remain solid and intact, despite complaints by many women that they suffer from physical and other forms of abuses from their husbands or partners.

Many Public Prosecutors and lawyers express their disgust during trainings and seminars on the Gender Sensitive Manner of Handling Cases. They share stories about certain judges who act in “despotic and arrogant manner” and berate lawyers in open court.

It has been shared many times over that in petitions for Protection Orders some designated Family Court Judges would ask the petitioners if they still love their spouses or partners. They oftentimes do that even if petitioners openly show in court the injuries or contusions they suffered because of the physical violence inflicted upon them by the respondents.

It has been reported that many judges disregard even the show of bruises by petitioners because once they hear the admission by petitioners that they still love their spouses or partners, the judges insist that the families must not be separated.

Many Judges are quoted making  statements like “Counsel, did you not hear that? This woman admits that she still loves her husband; so why are you breaking families?”. Most of the lawyers just keep silent in instances like this.

Many lawyers and Public Prosecutors complain that while they see the transformation in their ranks and many of them have become gender sensitive and responsive, the same is not true among Judges. This is one of the sad consequences of the continuing failure of our government to implement Republic Act 8369 for the Creation of Regular Family Courts.

The reality is that many of those functioning as Family Court Judges are not happy with what they call as their  “arbitrary designation”  as Family Court Judges. Many of them prefer to remain as Regular Court Judges.

This continuing anomalous situation in our justice system aggravates the many social ills that bug our communities. Marital and Family related issues are very delicate. Oftentimes, they create trauma, a lot of hatred and  of bitterness not only on the part of the spouses but most especially on the part of the children in the family.

There are now so many Children in Conflict with Laws. CICL oftentimes come from dysfunctional families. Many of these CICL have been exploited by criminal elements. Many of them have become drug users or drug dependents.

Many of these very sad and problematic situations would have been avoided if the designated Family Court Judges are able to do their functions in accordance with the provisions of Republic Act 8369.

Judges are leaders in their own right. If they use their leadership in facilitating disposal of cases that can lead to educating, enabling and empowering people, many of those who go to court can be healed, corrected and rehabilitated.

Republic Act 9262, the Anti-Violence Against Women and their Children Act of 2004 provides for two very important provisions that are not usually applied by the Family Courts. These provisions pertain to counseling and rehabilitation.

Section 40. Mandatory Programs and Services for Victims. The DSWD, and LGUs shall provide the victims temporary shelters, provide counseling, psycho-social services and/or, recovery, rehabilitation programs and livelihood assistance.

Section 41. Counseling and Treatment of Offenders. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

Barangay Officials and Judges must take to heart the provision of Article 33 of RA 9262 which states:

Section 33. Prohibited Acts.- A Punong Barangay, Barangay Kagawad or the court hearing an application for protection order shall not order, direct, force or in any way unduly influence the applicant for protection order to compromise or abandon any of the reliefs sought in the application for protection order under this Act. Section 7 of the Family Court Acts of 1997 and 

Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

Despite these very clear provisions of RA 9262, many victims of Violence continue to suffer. As a matter of fact, many private law practitioners who feel frustrated in handling cases on Violence Against Women and their Children (VAWC) no longer practice and they refuse to appear in courts.

It is in this regard that those tasked in the administration of justice must have a thorough understanding of the Cycle of Violence. The study of the Cycle of Violence (COV) have been shared by feminist-psychologists.

Many of the lawyer-advocates find the analyses by feminist-psychologists to be true in accordance with our own perception and experiences.

The repeated Cycle of Violence may eventually end up either in the death of the victim or the doer of violence. This happens once the victim acquires a Battered Woman Syndrome (BWS). Either way, there may be death unless counseling or psychiatric treatment can take place.

Death of either the battered woman or the doer of violence is very traumatic to family members. The cycle of violence must stop.

This cannot happen when judges will merely think of ensuring that families remain solid and intact without seeking for professional interventions. Victims must be healed to free them from the Battered Woman Syndrome.

RA 9262 provides:

Section 26. Battered Woman Syndrome as a Defense.- Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability nothwithstanding the absence of any of the elements for justifying circumstances of self defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists.

As discussed by expert psychologists and psychiatrists the Cycle of Violence illustrates the experience of the victim as follows:

It has three (3) recurring phases:

Ø  Tension or Build-Up Phase

Ø  Violent Outburst or Crisis Phase

Ø  Honeymoon Phase

In some instances, the cycle no longer goes through the honeymoon phase, rather it goes directly from the violent outburst to the built-in phase.

Tension Phase: 

Characterized by the increasing stress in the relationship and the couple cannot overcome by talking it out; 

The abuser wields control over his partner and dominates the situation;

·       Usually, threats, jealousy, and humiliation of the woman by the partner grow more serious;

     The former makes every effort to please the latter; 

     The woman is filled with fear and may try to deliberately ignore the problem

     Violent Outburst Phase: 

    
    Extreme physical violence or sexual or emotional harm occurs; 

     The batterer justifies his behavior as a way of teaching the woman a lesson;

·      The victim on the other hand, usually has no control of the outburst;

·      Her only recourse is a safe hiding place;

·      She may even deny the seriousness of the abuse and try to appease the batterer

Honeymoon Phase:

·     
 The batterer may feel remorse and sorrow for his behavior and may be fearful that his partner will leave him;

·      The batterer woos the victim and asks her forgiveness;

·      He promises not to repeat the abuse and his behavior may change for a while;

·      It may be a time of closeness for the couple.

     Of the three stages, the violent outburst stage is the most critical because the victim is often left scared and confused. In all stages, however, community intervention is needed in order to break the cycle of repeated violence completely.

RA 9262, the Anti Violence Against Women and their Children Act of 2004 is now an eleven year old law;

RA 8369, the Family Court Law of 1997 is now an eighteen year old law;

Yet the problem on VAWC is becoming worse.

We continue to call for our government to uphold and respect human rights gender equality and the rule of law.

Micah Chapter 6 verse 8 from the Old Testament of the Bible states:

“The Lord God has told us what is right and what he demands:

See that justice is done;

Let mercy be your first concern; and

Humbly obey your God.” (CEV)

Dory Cruz Avisado

9-1-15

STRENGTHENING THE PCW (Part 2 ) ON HUMAN RIGHTS, GENDER EQUALITY AND RULE OF LAW

In the preceding Article we quoted the first three Sections of RA 9710, the Magna Carta of Women (MCW), to stress why we need to thoroughly understand the Human Rights of Women, as  well as ensure that we respect and uphold Gender Equality and the Rule of Law.

The Magna Carta of Women which is now a six (6) year old law is given much focus and attention by the various agencies of government including the Commission on Audit (COA) that checks on the proper use of their budget for mainstreaming Gender and Development, GAD.

Many government agencies, entities and instrumentalities are now doing  Gender Planning and Budgeting, GPB, as mandated by the various laws. The General Appropriations Act, GAA constantly include that provision where at least 5% of the budget of all government entities including State Universities and Colleges, SUCs, and Government Owned and Controlled Corporations, GOCCs, should be dedicated to mainstreaming GAD in their agencies.

Likewise, the Magna Carta of Women, mandates that 5% of the budget of all government agencies including SUCs and GOCCs should be used for their programs, activities and projects, PAPs on GAD. The Philippine Commission on Women (PCW), is mandated to take on the bulk of work to review the proposed GPBs of all those mandated to mainstream GAD. This means review of hundreds of GPBs  of various government agencies and instrumentalities.

Apart from the mandate to review and approve the various GPBs, PCW is also tasked to monitor and assess their Accomplishment Reports. Of course the biggest task which the PCW is mandated to do is the implementation of the Magna Carta of Women. 

Under Chapter 111 of the MCW, on the duties related to the Human Rights of Women it states:

The State, private sector, society in general, and all individuals shall contribute to the recognition, respect, and promotion of the rights of women defined and guaranteed under this Act.

Section 5. The State as the Primary Duty-Bearer.- The State as the primary duty bearer, shall:

(a)       Refrain from discriminating against women and violating their rights;

(b)       Protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; and

(c)        Promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.

Recognizing the interrelation of the human rights of women, the State shall take measures and establish mechanisms to promote the coherent and integrated implementation and enforcement of this Act and related laws, policies, or other measures to effectively stop discrimination against and advance the rights of women.

The State shall keep abreast with and be guided by progressive developments in human rights of women under international law and design of policies, and other measures to promote the objectives of this Act.

The Philippines is very famous and well recognized for having passed progressive laws that provide for the protection of human rights of everyone. Programs on mainstreaming gender and development that promotes  gender equality and respect for the rule of law are well set. However, despite the existence of many beautiful laws human rights violations, gender discrimination and non-compliance of laws continue to persist.

The PCW is in a very strategic position to be able to check the proper implementation of the beautiful laws especially those that protect women and children. However, the PCW cannot cope up with a huge mandate, due the measly number of employees and personnel, as well as its very small annual budget.

It is humanely impossible for the PCW personnel to perform its tasks mandated by law considering how lean it is. The budget allocated by the government is also very small and many of the projects undertaken come from foreign grants and aids.

It is good that the PCW Board of Commissioners where several of us represent the private sector have asserted for the review of the PCW as an organization. We are glad that our government counterparts are very receptive about the proposal for upgrading this entity. Somehow, there is now hope that soon there will be an improvement of the PCW as a government agency.

One of the items I have stressed during a review of the functions of PCW  is the fact that the State is the primary duty bearer in ensuring that women’s human rights are always respected and upheld. I pointed out that as an organization tasked in monitoring implementation of many laws such as the MCW, it is ironic that there is no lawyer in the organization.

In the future, I hope that PCW would employ young and dynamic feminist lawyers who are passionate in ensuring that we will respect and uphold human rights, gender equality and rule of law in this country.

As I train Public Prosecutors from different parts of the country on the Gender Sensitive Manner of handling cases, I often hear them express their disgust on how some judges decide cases. Many Prosecutors raise the questionable manner by which some judges decide cases especially on Trafficking in Persons under Republic Act 9208 and also RA 9262, the Anti-Violence Against Women and their Children Act of 2004.

Some Prosecutors label the Family Court Judges before whom they appear to be "arrogant, despotic and gender insensitive."  They tell me that they do not intend to file administrative cases as this would only disrupt further the flow of cases they handle. They expressed that they only desire for the judges to change their attitude in handling cases.

Pursuant to the advocacy of the Transformative Justice Institute on "Truth Telling"  and "Enhancing the Communication Between the Judiciary and the Citizenry", which was part of the Blueprint of Action for Judicial Reform,  I have raised this concern to the Office of the Court Administrator, OCAD.
 The Honorable Supreme Court Administrator, Midas Marquez assured me that he is going to talk with the Judge mentioned by some Public Prosecutors. 

The Public Prosecutors also requested for a government entity to conduct regular research and monitoring to be able to establish  patterns of how gender insensitive and unresponsive are some orders and decisions of some judges. Many orders and decisions they say are highly questionable.

We are of course aware that under our jurisdiction once an accused is acquitted from cases, the People of the Philippines could no longer appeal due to the rule on double jeopardy. This rule however results in tremendous miscarriage of justice especially in cases involving women and children.

It is really sad that we hear of many stories that some accused are acquitted for several reasons and considerations. Several complainants have raised their Complaints to the UNCEDAW in the manner their cases were handled by trial court judges. UNCEDAW in a Communication involving the case of Karen Vertido found that the Philippine government is remiss in properly training the trial Judge who resorted to stereotyping in making the decision.

Now that there is an increase in the budget of the Judiciary we expect that proper trainings for Judges and Justices to become gender sensitive and responsive shall be carried out. Hopefully, the GAD Budget of the Judiciary shall be put to use in accordance with laws.

Public Prosecutors are willing to share stories of decided cases to Researchers and Monitors from the PCW.  There can be analyses of the whole record of decided cases to check on the pattern of some judges. The Legal group from PCW may also review decided cases by the Supreme Court and analyze how some “sexist language” continue to persist in their decisions. Of course we are all aware that lower courts oftentimes quote Supreme Court decisions.

The PCW can share its analyses of decided cases with the Philippine Judicial Academy,PHILJA, tasked in educating Justices, Judges and court personnel. Indeed, there is an urgency on the need to strengthen the Philippine Commission on Women. Let us all join hands in ensuring that this will be realized the soonest possible time.

The book of Psalm Chapter 103 verse 6 states: The Lord works righteousness and justice for all the oppressed.

Dory Cruz Avisado

8-1-15

SEX AND GENDER (Part 1 ON HUMAN RIGHTS, GENDER EQUALITY AND RULE OF LAW)

In pushing for Mainstreaming Gender and Development (GAD) it is vital that we discuss human rights, gender equality and the rule of law.

Despite the fact that  Executive Order No.273 was issued in 1995 by President Fidel V. Ramos, mandating all government agencies, entities instrumentalities and government owned and controlled corporations (GOCCs), to mainstream gender and development from 1995 to 2025, the desired development has not really accelerated in accordance with our hearts’ desire for the past twenty years.

Nevertheless, I sense that the next ten years will create much difference. The interest shown by many of those in government to know the proper way of Gender Planning and Budgeting (GPBs) to ensure the proper use of the mandated 5% GAD Budget is very encouraging. Such interest is partly triggered by the very good performance of the Auditors from the Commission on Audit (COA), that properly check on the use of the budget.

In the past we heard that some government entities used their 5% GAD Budget for certain activities such as ballroom dancing, cooking and other projects that do not respond to the need to change peoples’ mindsets and attitudes for them to become gender sensitive and responsive so that they can become better individuals and citizens and likewise become better public servants.    

Gender sensitivity and responsiveness is very vital especially to people tasked in the administration of justice.

From the time I did trainings on Gender Law and Transformative Justice especially to group of lawyers where I put emphasis on Human Rights, Gender Equality and the Rule of Law, I received very encouraging feedbacks.

Many participants, in the various trainings I have conducted for lawyers, openly appreciate my call for all of us to do “truth telling” to identify the issues and concerns that we find at homes, workplaces and our communities that impact human rights, gender equality and the rule of law.

In all the workshops we have conducted for both lawyers and non-lawyers, always, their answers are YES to the question of whether they see human rights violations and gender discrimination at homes, workplaces and the communities. They readily identify the various causes of such human rights violations and gender discrimination. 

I get invited  a lot to lecture on Gender Law and Transformative Justice for the Mandatory Continuing Legal Education (MCLE) at the U.P. Law Center. This is a very positive development because lawyers are given the opportunity to know the basic concepts of Gender and Development. However, such lectures usually last for three hours only. There is no opportunity for us to conduct workshops. The most that we can do is to have very short open forums. It is heart warming that many lawyers have expressed that they want to further understand Gender and Development in relation to Human Rights, Gender Equality and the Rule of Law.

The introduction of the subject on Gender, Law and Transformative Justice to the MCLE is a progress in itself. Yet, many of the Public Prosecutors from the Department of Justice (DOJ) who recently attended and deeply appreciated the 3 day trainings on the Gender Sensitive Manner of Handling  Cases strongly recommended that other lawyers from the Public Attorneys’ Office and even private practitioners should also do workshop seminars so that they have a thorough and deeper understanding of GAD for them to be transformed. That way they say, as officers of the court, they will not just be concerned about winning or losing cases but be concerned about proper and ethical administration of justice that can lead to respect for the rule of law and sustainable human development.

Another important clamor from the Public Prosecutors is, for the Courts, as one of the 8 pillars of the Criminal Justice System to make sure that the Judges before whom they appear are also gender sensitive and responsive.  They assert that while it is  vital for more lawyers to understand Gender Law and Transformative Justice, the Judges must be in the front lines in advancing gender sensitivity and responsiveness.  Indeed, there is an urgent need for Judges and Justices to be gender sensitive for them to be just, fair and  ethical in their administration of justice.

For the next six months, up to December this year, I will write about Gender, Law and Transformative Justice in relation to Human Rights, Gender Equality and the Rule of Law.  

For this article let me start to stress the importance of knowing the difference between SEX and GENDER.

When we refer to sex it is the biological aspect of a person. We would immediately identify the sex of a person upon birth. One is either male or female. They are identified as such on the basis of their genitalia. The male has penis and scrotum while the female has vagina.

Except for the biological aspects of human beings of which they were born with, everything else are gender or social construct. That is why every human person must be respected and their rights upheld regardless of their Sexual Orientation and Gender Identity (SOGI).

As of now a Magna Carta of Women, Republic Act 9710, has been in effect and is being implemented in the Philippines since 2009. The importance of this law can be gleaned from the first  four sections which provide, to wit:

SECTION 1.   Short Title. — This Act shall be known as “The Magna Carta of Women”.

SECTION 2.          Declaration of Policy. — Recognizing that the economic, political, and socio cultural realities affect women’s current condition, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.

The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.

The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.

The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the development of the political, economic, social, and cultural realms.

The State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their families and communities to the fullest of their capabilities.

In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and services. It shall support policies, researches, technology, and training programs and other support services such as financing, production, and marketing to encourage active participation of women in national development.

SECTION 3.          Principles of Human Rights of Women. — Human rights are universal and inalienable. All people in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights, which states that all human beings are free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent to the dignity of every human being whether they relate to civil, cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others.

All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status as established by human rights standards.

All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being. Rights-based approaches require a high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples, and other identified groups.

States and other duty-bearers are answerable for the observance of human rights. They have to comply with the legal norms and standards enshrined in international human rights instruments in accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law.

Under Section 4 in the Definition of Terms are the following:

       (b)     “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.

It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.

Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act.

 Clearly, neither of the sexes should be considered superior over the other. Males and females are human beings with the same human rights which should be respected and upheld.

Human rights of every individual should be upheld and respected regardless of their Sexual Orientation and Gender Identity (SOGI). They must never be discriminated against in any field of endeavor at homes, workplaces and the communities.

Gender discrimination or biases happen when there is marginalization, subordination, stereotyping and multiple burden.

Therefore, as we uphold and respect human rights of everyone, we push for gender equality and uphold and likewise respect the rule of law.

Galatians Chapter 3 verse 28 states:

“There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus.”

Dory Cruz Avisado

July 26, 2015