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.
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.
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.
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
