In a country where the Rule of Law and the Justice System is weak, advocates for justice and peace and support groups of victims of Gender Based Violence (GBV) will not stop to seek for ways and means to achieve justice and healing for both victims and doers of violence. That is what we have committed to pursue along with Sister Josephine Bacaltos, RGS, of WOMYNET and Kaugmaran Pagpagahum Foundation , Ms. Lorna Bercilla Mandin of the Integrated Gender Development Division (IGDD) of the local government unit (LGU), Attys. Wendel E. Avisado and Arnold C. Abejaron of Men Opposed to Violence Everywhere (MOVE Davao), Gemma C. Avisado and Rebecca P. Cruz, of the Advocacy Consultancy Counseling and Christian Teaching and Training Services Center (ACCCTTS Center) and Ethel C. Avisado, of the Transformative Justice Institute (TJI) along with our networks of friends and allies.
While the above-named groups are based in Davao city, we network and link up with various groups all over the country with similar experiences in the various pillars of the Philippine justice system. Most of us have wide exposures in handling marital and family related cases and in assisting victims of violence including sexual harassment.
Aware of the intertwining culture of partriarchy corruption and impunity in the justice system we cannot wait to see the much needed transformation take place and leave both the victims and doers of violence remain helpless and unempowered in dealing with their circumstances.
We find the need to popularize alternative approaches in order to effectively deal with the various forms of violence to help families and our communities.
While we continue to persistently advocate in transforming and strentgthening the various pillars of our criminal justice system including the judiciary, we are now proceeding with an Alternative Dispute Resolution on various cases on Domestic violence and Sexual Harassment through the Justice and Healing approach.
Being aware that the judiciary still lacks the much needed gender sensitivity and responsiveness to apply laws such as RA 9262 or the Anti Violence Against Women and their Children Act of 2004 and RA 7877, the Anti Sexual Harassment Act, we find that identified gender sensitive and responsive members of the community can be effective facilitators in effecting Justice and Healing. Thus in Davao city, we have trained various Justice and Healing Teams for this purpose.
The Davao city experience is shared by many friends and allies like Theresa "Terret" D. Balayon, former Executive Director of the Women's Crisis Center (WCC) based in Manila. They also have stories of Justice and Healing. Terret facilitated a week of discussion about experiences on Justice and Healing in Davao city and another one in Metro Manila where I was invited as a resource person. In both seminars participants express problems they have encountered in the Philippine Justice System. Sharing of stories of miscarriages of justice, frustration of both complainants and lawyers and their support groups with regard to the court system abound.
During the November 2012 dialogue that some women's group had with the Committee on Gender Responsiveness in the Judiciary (CGRJ), its Chairperson Associate Justice Teresita de Castro expressed support to the Justice and Healing concept presented by Terret. The family court judges who participated in that dialogue shared how they also feel battered by the number of cases they handle in their courts. They welcome effective alternative approaches in dispensing justice.
In the training of Justice and Healing Teams to handle cases of Domestic Violence involving psychological and economic abuses in Davao city, participants from the government sector particularly the Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the City Social Services Development Office (CSSDO) expressed their deep appreciation for what they have learned especially because they did "role playing" in conducting justice and healing sessions. They all feel that this should be the way to go if we desire an effective process of handling cases of Domestic Violence, Sexual Harassment including cases of Children in conflict with law (CICL). The participant from DILG said that she will recommend that the Justice and Healing component be introduced in their trainings of the Lupong Tagapamayapa in the barangays.
The Justice and Healing Teams are made aware that one very important component of the whole process is the submission of the parties, both the victims of violence and the doers of violence to psychological counseling or psychiatric treatment if needed. The traumatized victims need counseling for healing while the doers of violence need to learn how to deal with anger and emotions for correction, rehabilitation and reformation. The Davao city experience shows that doers of violence can be corrected, rehabilitated and reformed. The group MR GAD, Men's Responsibility in Gender and Development was able to demonstrate this.
Counseling needs to be popularized in the Philippines considering that many persons including lawyers and judges are not keen on this, despite the provisions in RA 9262 in this regard. Many lawyers contend that if they allow their clients to submit for counseling it will be tantamount to admission of guilt on the part of their clients. Admittedly, there is a need to amend RA 9262 in order that issues on Domestic Violence can be better administered in the courts of law. Likewise, lawyers must realize that the administration of justice is not just a matter of winning or losing cases. It also means helping their clients to become better persons and individuals. By doing that they are able to help transform their society where people with certain psychological issues are healed and corrected without being incarcerated.
It is a fact that the incarceration of a member of family involved in Domestic violence results in tremendous trauma and pain especially to the children. Negative experiences of this kind inflicts more trauma to children who may end up being involved in crimes of various forms. The punitive approach of the law is not helping create a just and peaceful society in our country.
The very valid question that is usually raised when you push for psychological counseling or psychiatric treatment is the cost involved in paying psychologists or psychiatrists. Again, I cite the Davao city experience. The Integrated Gender Development Division of our local government unit ensures that the 5% GAD budget is properly utilized. Part of such budgetary allocation is alloted to counseling. The IGDD, is tying up with Psychological and Counseling centers in the local academe where socialized charging of fees is arranged. The IGDD is making sure that Psychologists and Psychiatrists they engage are gender sensitive and responsive.
As we continue with our work for the transformation of the Philippine Justice System we also see transformative justice and healing taking place in our midst.
Proverbs 22: 8 says " Whoever sows injustice will reap calamity, and the rod of anger will fail".
Dory Cruz Avisado
11-29-13
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