Friday, November 28, 2014

KEY FACTORS FOR JUDICIAL REFORM (PART 8): WOMEN IN POWER AND DECISION MAKING




An independent OCAD, Office of the Court Administrator, was originally slated to be the featured article for this month. We have to postpone that for next month in order to feature this important article on Women Empowerment which is also a Key Factor for Judicial Reform particularly in the area of Upholding Human Rights and Gender Equality. Gender Sensitivity and Responsiveness has been in the forefront of our advocacy in transforming the justice system.

We join the campaign to END VAW (Violence Against Women) every November 25 until December 12 of each year. Statistics show that incidents of VAW continue to rise despite the effort to put an end to such violation of human rights during the past decades. It is sad to note that many people including Law Enforcers and political leaders assert that Domestic Violence is still a private matter despite the clear provision of Republic Act 9262, the Anti Violence Against Women and Their Children Act of 2004, that VAW is a public crime. 

The Transformative Justice Institute (TJI) and ACCCTTS Center along with the IGDD, Integrated Gender and  Development Division of the Davao City government, the WOMYNET, the MOVE Davao, Men Opposed to Violence on Women, Men and Children Everywhere, the APILA, Ateneo Public Interest Legal Advocacy and ADDU, Ateneo de Davao University, launched the program on Women In Power and Decision Making last November 18 and 19, 2014 thru a two day Seminar of the same title: “Women In Power and Decision Making.”
This is part of our contribution to the Philippine government’s commitment to the Beijing Twelve Platform for Action for Women which will be on its 20th year next year.

Also as part of our continuing informal consultations and dialogues, which the Transformative Justice Institute (TJI) is conducting every opportunity that there is, with various groups of lawyers, judges, court users, stakeholders, academicians, members of CSOs, Civil Society Organizations, including political leaders; there is a  consensus building regarding the need to amend the Philippine Constitution thru a Constitutional Convention that should be held  after the 2016 elections.

The various groups that we work with, have integrated into the respective programs of our and their organizations, the two important  areas of concerns mentioned above, by first, helping implement the Beijing Twelve Platform for Action on Women, particularly the program on Women In Power and Decision Making and second, by proposing amendments to the Constitution. We are preparing ahead, so we need to  talk big-time now, in order to prepare a well deliberated agenda that we can propose once there is a Charter Change thru a Constitutional Convention.

Beijing Platform for Action on Women  will be on its 20th year in 2015 yet despite the Philippine government’s commitment for its implementation along with our 33 year old commitment to the UNCEDAW, United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and the 66 year old Universal Declaration of Human Rights, we continue to see the Human Rights Violations of Women and Girl-Children at their homes, schools, workplaces and the communities.

Institutions tasked in administering justice to put an end to the sufferings of many women and girl-children continue to fail in its task in ensuring to end VAWC, Violence Against Women and Children. Those institutions that continue to fail in the proper administration of justice for cases on women and children include all levels of our judiciary.

On November 18 and 19, 2014, Women Leaders, including the very vocal and articulate IP Women or Lumads from the Five (5) IP, Indigenous Peoples, of Davao City converged at the newly built and beautiful Community Center of the Ateneo de Davao University. The discussion centered on Women In Power and Decision Making, which is part of the Twelve Platform for Action.

The Women all agreed to pursue the program which we believe,  will be a key factor in countering and slaying  the intertwining culture of corruption, patriarchy and impunity in our justice system.
We are calling the program, EGGGGG, Effective Good Governance for God’s Greater Glory.

We all agreed along with the Muslim women, who were nodding in approval as I proposed the concept, to use the teachings of Jesus Christ in our advocacies. The Muslims consider Jesus a prophet. The two greatest commandments of Jesus saying, “Love God with all your hearts, with all your minds, with all your strengths and with all your souls” and “Love your neighbor as yourselves” will be popularized.

We will also advocate to popularize Christ’s teachings about choosing whom to serve as we cannot serve both God and money at the same time. We have to gather treasures in heaven which rust, moth or vermin cannot destroy unlike treasures on earth which can be destroyed. After all Jesus said, “What would it profit persons if they gain the whole world but lose their souls?”

I encouraged the women not to be afraid to speak out against anything that violates Human Rights, Gender Equality and the Rule of Law as Jesus said “Do not be afraid of those who kill the body but be afraid of those who kill both the body and soul.”

In our commitment to END VAW, we do not like to just embark on short term programs or campaigns that do not effectively impact in upholding human rights, gender equality and the rule of law. Twenty years is too long for us to achieve what we have long been aspiring for as articulated in the Beijing Platform for Action.  
I stressed in my keynote speech that 33 years of commitment to CEDAW and 66 years of commitment to the Universal Declaration of Human Rights are  longer. The same covenants are even older that most of us. So we can no longer remain complacent. We have to take stronger and more aggressive and purposive actions to achieve what we want.   

The Women agreed to actively participate and work purposively by using the 5% GAD, Gender and Development Budget in the Barangays and the Local Government. We have agreed that the women will undergo trainings and will be actively, involved and become participants in the following areas:

1.   Budgeting. Graft and corruption being the biggest issue in government must be addressed by the women thru effective participation in decision making.

I told the women leaders from the Barangays that I also challenge women who belong to the rank and file and the supervisory positions from NGAs, National Government Agencies and GOCCs, Government Owned and Controlled Corporations, to be empowered and become watchdogs in the use of government funds.

Women from both the national and local levels    can make sure that the taxpayers’ money are properly utilized.

The many laws and institutions that are designed to eradicate graft and corruption are not effective. There is much hope for change when women will take action in budgeting and proper use of government resources.

2.   Well being, Safety and Security is another important concern that women shall be engaging in. The same cannot be left alone to the men in the community. Women will also undergo capability and capacity building in this arena using part of the GAD Budget.

3.   Crime Prevention is an arena where women should be involved in especially because there is now a tremendous rise of all forms of criminalities in various localities and communities in all places in the Philippines.

The women in Davao city indicated during the Workshop that the incidents of drug trafficking, robbery like “akyat bahay”, theft and other forms of criminalities are also high in Davao city. Everyone agreed that salvaging or summary executions is not the right response to solve criminalities since the same further contribute to the breakdown of law and order.

The women agreed to assert that the Law Enforcement arm of the government, particularly the police force should shape up and perform their jobs well in order for genuine peace and order to happen in the communities.

4.   Restorative Justice will be one of the 5 areas where women will participate so that the barangays can properly implement programs on Diversion as provided for by law, in order to help prevent cases involving CICL, Children In Conflict With Laws, from going to courts. This would greatly help in decongesting the courts’ dockets apart from instilling the good values to community members to talk over their conflicts and resolve the same peacefully. Thru such program, the CICL can be properly disciplined, corrected and rehabilitated thru community service. Here the women should take the lead in implementing Republic Act 9344, the Juvenile Justice Welfare Act of 2006.

5.   Justice and Healing is proven to be an effective approach in solving cases of Domestic Violence on cases involving Psychological and Economic Abuses. In Davao City we have trained as of last year Ten Justice and Healing Teams (J and H Teams) composed of thirty people, with three people in each Justice and Healing Team.

During the dialogue and feed backing we had at the ACCCTTS Center last November 13, 2014, those trained as part of the J an H Teams last year shared beautiful stories where they were able to employ and apply their knowledge on Justice and Healing that helped cases on Domestic Violence.

It was agreed that many more J and H Teams will be trained next year and an Advance Training shall also be conducted before the end of 2015.

Again, this effort on Justice and Healing shall greatly contribute in the much needed decongestion of courts’ dockets apart from a more effective and sustainable approach in delivering Justice and Healing to the communities.

It is my hope that the rest of the country will also carry out this program that the people in Davao City have started. I intend to propose the same to the Philippine Commission on Women where I sit as a Commissioner.

Apostle Paul in Galatians 6 verses 1 and 2 said:

“Brothers and Sisters, if anyone is caught in any transgression, you who are spiritual should restore them in a spirit of gentleness. Keep watch on yourselves, lest you too be tempted. Bear one another’s burdens and so fulfill the law of Christ.”      

    Dory Cruz Avisado
    11-28-14

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