Introduction - CEDAW Southeast Asia

GOINGCEDAWin the PhilippinesThe UNIFEM CEDAW South East Asia Programme 2005-2008i

ForewordThe Convention on the Elimination of all forms of Discrimination Against Women(CEDAW), the Universal Declaration of Human Rights and other internationaltreaties which guarantee women’s equality provide the framework which UNIFEM’swork is anchored upon.The UNIFEM CEDAW Southeast Asia Programme (CEDAW SEAP) has beenworking with seven countries; Vietnam, Cambodia, Thailand, Timor Leste, Laos,Indonesia and the Philippines; to formulate and implement laws and policies topromote gender equality in such areas as land and inheritance rights, decentwork for women and ending violence against women. We also work with partnersto make duty bearers more accountable and strengthen the capacity of women’srights advocates.CEDAW as a human rights tool provides the normative content for laws and policies,and promoting State Party’s accountability to its de jure commitments broughtabout by the ratification of the Convention. UNIFEM works with governments toimprove their ability to pursue policies and laws upholding CEDAW while workingwith women’s groups to strengthen their ability to claim their rights guaranteedunder CEDAW. UNIFEM also facilitates collaboration between duty bearers andright claimants in identifying gaps and forging measures to address these throughnational development plans which embody the tenets of CEDAW.CEDAW SEAP in the Philippines has been instrumental in raising the level ofawareness on the Convention in the country, and its engagement with governmentofficials in the preparation of the CEDAW Report has fostered deeper commitmentto uphold women’s rights. Recognizing that ratifying CEDAW creates both de jureobligations requiring the laws of the State party to accord with the Conventionand de facto obligations requiring that the obligations created by the Conventionare not merely reflected in the laws of the country but implemented in practicewith the intended results, many senior government officials have joined voices ofwomen advocates in pushing for the Women’s Legislative Priority Agenda.“Going CEDAW in the Philippines” highlights lessons and good practices culledso far from the project implementation for the past four years which we hope willbe replicated not just in the Philippines but in other similarly situated countries aswell.Dr. Jean D’CunhaRegional Programme DirectorUNIFEM East and Southeast Asia Regional Office, Bangkokiii

AcknowledgmentsResearch and Writing TeamOlivia H. Tripon Luz Lopez RodriguezEditor-in-ChiefTechnical AdviserContributorsElena Masilungan, Section 1 EditorPerla Aragon-ChoudhuryElsie Kalaw-SantosClarissa Militante, Section 2 EditorKara SantosLoren Hallilah LaoOlivia H. Tripon, Section 3 EditorGia Damaso-DumoAya FabrosClaire VillacortaLuz Lopez RodriguezJoanna H. Tripon, Graphic DesignerThe production of “Going CEDAW in the Philippines” was a collective effort ofthe UNIFEM CEDAW SEAP, the Women’s Feature Service (WFS) Philippines, andother implementing partners with government, women’s NGOs and academe.The WFS writing team collaborated closely with CEDAW SEAP implementingpartners in re-telling their stories in popular, reader-friendly way and did furtherresearch on the background of these stories. The following helped commenton the drafts, provided photos and facilitated interviews: Emmeline Verzosa,NCRFW Executive Director and her staff; Elizabeth Yang, PILIPINA ExecutiveDirector; Amparita Sta. Maria, AHRC Director for Research and Publication;Mae Buenaventura, WLB Executive Director; Yasmin Busran-Lao, Al-MujadilahExecutive Director; Raissa H. Jajurie, Nisa Ul-Haqq fi Bangsamoro ViceChairperson; Carol Sobritchea, then UPCWS Executive Director; Odine deGuzman, UPCWS Deputy Director and Aurora Javate-de Dios, Miriam CollegeWomen and Gender Institute (WAGI) Executive Director.Special mention goes to Jean d ‘Cunha for her foreword and Ambassador RosarioManalo, Chairperson of the CEDAWSEAP Country Consultative Committee (CCC)for giving her affirming message.The UNIFEM CEDAW SEAP Regional Office facilitated administrative and technicalsupport for the project and publication approval. We owe very particular thanks tothe Canadian International Development Agency (CIDA) for their generous supportto the whole CEDAW South East Asia Programme.xi

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ContentsxivxviiList of AbbreviationsIntroduction1 Section 1: Going CEDAW in government• Introduction• Enhancing state reports to CEDAW: Accounting for progress inwomen’s human rights• The Judiciary goes CEDAW• Drafting and lobbing the Gender Equality Law: The progress so far51 Section 2: Organized women go CEDAW• Introduction• Shadow reporting• The Optional Protocol to CEDAW: How does it work for Filipino women?• Are Muslim Moro women going CEDAW?• NGOs monitoring state obligations through CEDAW105 Section 3: Educating and partnering for CEDAW• Introduction• Discovering CEDAW• Teaching CEDAW• Putting the “pop” in CEDAW• Doing CEDAW with the UN Gender Mainstreaming Committee167 EndnotesReflections on CEDAW SEAP: Finally...CEDAW makes an impact171 CEDAW SEAP Implementing Partners 2005-2009175 Country Consultative Committee, CEDAW SEAP - Philippines176 List of Referencesxiii

List of AbbreviationsADBAHRCAMDFALFIALSAPJRARMMBLGDBPFABWSFCCACEDAWCEDAW SEAPCFACGRJCHEDCIDACLOACMPLCPAPCRRCSODFADILGDOJDOLEDSWDEPEUGADGFWGIGGOGRGRCsGWGHRBAICPDIHRILOIWDIWRAW-APLGUJRSPJURISM & EMAPMCWMDGsMEDNAPCNBINCIPAsian Development BankAteneo Human Rights CenterAl-Mujadilah Development FoundationAlliance for the Family Foundation Philippines Inc.Ateneo Law SchoolAction Program for Judicial ReformAutonomous Region of Muslim MindanaoBureau of Local Government and DevelopmentBeijing Platform for ActionBangsamoro Women Solidarity Inc.Common Country AssessmentConvention on the Elimination of All Form of Discrimination Against WomenCEDAW South East Asia ProgrammeCommunication Foundation for AsiaCommittee on Gender Responsiveness in the JudiciaryCommission on Higher EducationCanadian International Development AgencyCertificates of Land Ownership AgreementThe Code of Muslim Personal LawsCountry Programme Action PlanCenter for Reproductive RightsCivil Society OrganizationsDepartment of Foreign AffairsDepartment of Interior and Local GovernmentDepartment of JusticeDepartment of Labor and EmploymentDepartment of Social Welfare and DevelopmentEmancipation PatentsEuropean UnionGender and DevelopmentGlobal Fund for WomenGender in GovernanceGovernment OrganizationGeneral RecommendationGender Resource CenterGender Working GroupHuman Rights-Based ApproachInternational Conference on Population and DevelopmentInstitute of Human RightsInternational Labor OrganizationInternational Women’s DayInternational Women’s Human Rights Watch-Asia PacificLocal Government UnitJudicial Reform Support ProjectJudicial Reform Institute SupportMonitoring and EvaluationManagement Association of the PhilippinesMagna Carta of WomenMillennium Development GoalsMonitoring and Evaluation DivisionNational Anti-Poverty CommissionNational Bureau of InvestigationNational Commission on Indigenous Peoplesxiv

NCRNCRFWNEDANGOsNSCBNSOODAODA-GADOP CEDAWPDIPGAPHILJAPILIPINAPKKKPNPPNUPOPOEAPSQsRCORCSRPCSACSACGSEAWATCHTWGUCOUDHRUNCTUNDAFUNDEFUNDGUNDPUNFPAUNICUNICEFUNIFEMUN-GMCUNJPUNRCUPCWSUSAIDVAWWAGIWBWB-KDCWFSWHOWINWLBWPLANational Capital RegionNational Commission on the Role of Filipino WomenNational Economic and Development AuthorityNon Government OrganizationsNational Statistical Coordination BoardNational Statistics OfficeOfficial Development AssistanceOfficial Development Assistance-Gender and DevelopmentOptional Protocol to CEDAWPhilippine Daily InquirerParticipatory Gender AuditPhilippine Judiciary AcademyAng Kilusan ng Kababaihang PilipinoPambansang Koalisyon ng Kababaihan sa KanayunanPhilippine National PolicePhilippine Normal UniversityPeople’s OrganizationPhilippine Overseas Employment AdministrationPre-session questionsResident Coordinator’s OfficeResident Coordinator SystemRevised Penal CodeSpecial Areas of ConcernStudy and Action Core GroupSouth East Asian Women’s WatchTechnical Working GroupUNAIDS Country OfficeUniversal Declaration of Human RightsUnited Nations Country TeamUnited Nations Development Assistance FrameworkUnited Nations Democracy FundUnited Nations Development GroupUnited Nations Development ProgrammeUnited Nations Population FundUnited Nations Information CenterUnited Nations Children FundUnited Nations Development Fund for WomenUnited Nations Gender Mainstreaming CommitteeUnited Nations Joint ProgrammeUnited Nations Resident CoordinatorUniversity of the Philippines Center for Women’s StudiesUnited States Agency for International DevelopmentViolence Against WomenWomen and Gender InstituteWorld BankWorld Bank Knowledge Development CentersWomen’s Feature ServiceWorld Health OrganizationWomen in Nation-buildingWomen’s Legal BureauWomen’s Priority Legislative Agendaxv

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IntroductionHow do you make women’s rights real? The United Nations crafted a treaty forthe rights of women and the UN Development Fund for Women (UNIFEM) cameup with a programme to help make women’s rights a reality in seven countriesin southeast Asia. This book documents how the programme was carried out inthe Philippines. To be able to appreciate the contents of this book, it is necessaryto know the background behind these series of activities documented here…allleading towards making women’s rights real.CEDAWCentral to all these is the Convention on the Elimination of All Forms ofDiscrimination Against Women (CEDAW) also known as the International Bill ofRights for Women, the Women’s Convention or the United Nations Treaty for theRights of Women.This is the first and only international treaty that comprehensively addresseswomen’s rights, not only within civil and political spheres, but also within economic,social, cultural and family life. Consisting of a preamble and 30 articles, it defineswhat constitutes discrimination against women and sets up an agenda for nationalaction to end such discrimination.CEDAW considers discrimination against women as a human rights violation. Itdefines discrimination against women as “any distinction, exclusion or restrictionmade on the basis of sex which has the effect or purpose of impairing or nullifyingthe recognition, enjoyment or exercise by women, irrespective of their maritalstatus, on a basis of equality of men and women, of human rights and fundamentalfreedoms in the political, social, cultural, civil or any other field.” (Article 1)CEDAW was adopted in 1979 by the UN General Assembly and came into forceon September 4, 1981. The Philippines signed it on July 17, 1980 and ratified iton July 19, 1981, making it a State Party to CEDAW. Today, there are 185 StatesParties out of 191 UN member states. States Parties are bound to respect, protectand fulfill women’s rights by repealing all discriminatory laws and policies, enactanti-discriminatory policies and promote equality through all appropriate means.Part of the state’s obligation is to report to the UN CEDAW Committee on theimplementation of the treaty a year after ratification and every four years thereafter.The CEDAW Committee is made up of 23 experts elected by States Parties toreview the reports and issue recommendations which the Parties must carryxvii

out and report on in the next period. Last August 15, 2006, the Philippines gaveits combined Fifth and Sixth Progress Report to the Committee. (The trainingand preparation for this is documented in the first chapter in Section 1 “GoingCEDAW in Government” while the making of the Shadow Report is told in Section2 “Organized women go CEDAW”). The Concluding Comments of the CEDAWCommittee outline the priorities for state implementation, progress on which willbe the focus of the next report due in 2010. These recommendations are thesubject of monitoring by non-government organizations on state obligations.CEDAW South East Asia ProgrammeThe United Nations Development Fund for Women (UNIFEM) in partnership withthe Canadian International Development Agency (CIDA) developed a regionalprogramme for southeast Asia in “Facilitating CEDAW Implementation Towardsthe Realization of Women’s Human Rights in South East Asia”. It is beingimplemented in Cambodia, Indonesia, Lao PDR, Philippines, Thailand, Timor-Leste, and Vietnam from 2004 to 2009.Programme goal and outcomesThe programme goal is more effective CEDAW implementation to better contributeto the realization of women’s human rights in seven southeast Asian countries.The following outcomes will contribute to the programme goal:1. Improved awareness of women’s human rights and deepened understandingof CEDAW by the organs of the State and by organized civil society groupsincluding women’s NGOs.2. Strengthened capacity of States Parties and organized civil society groups topromote women’s human rights under CEDAW.3. Strong political will for CEDAW implementation in support of women’s abilityto claim their human rights.StrategyUsing CEDAW as the mechanism for change, CEDAW SEAP utilizes an integratedapproach to the realization of women’s human rights. It adopts a three-prongedstrategy targeting:1. The substance of laws and policies• Incorporate the principle of equality of men and women in the legal system• Abolish discriminatory laws and adopt new laws prohibiting discriminationagainst womenxviii

• Apply the norms and standards set out by CEDAW in the planning,implementation and monitoring of national and local polices for the protection,promotion and fulfillment of women’s human rights2. Institutional structures and procedures• Develop the capacity of institutions that will enforce or implement the newlaws and policies• Set up the institutional arrangements for monitoring progress in the fulfillmentof women’s human rights and for reporting to the CEDAW Committee3. Cultural Factors• Raise the awareness of the whole society on the equal human rights of womenand men as guaranteed by CEDAWThe stakeholdersThe programme strategy recognizes the important roles to be played by variousstakeholders and seeks to develop awareness, skills, processes and other meansto build their capacity to protect, promote and fulfill women’s human rights.Parliament or LegislatureExecutive BranchJudiciarySchoolsOrganized civil societyMedia establishmentsReligious institutionsBusiness sectorCEDAW Philippine ProgrammeTo carry out the CEDAW SEAP goals and outcomes, the Philippine programmesought out the various stakeholders employing the three strategies above.And these comprise the three sections in the book documenting government–executive, legislature, and judiciary; organized women, schools and mediainteracting in various activities from 2005-2008.Raising public awarenessThis involves a multimedia campaign to promote a CEDAW-based analysis ofhuman rights issues and development strategies. Multi-stakeholder forumsand dialogues were organized in Luzon, Visayas and Mindanao to orient localgovernments, women NGOs, mass media practitioners and community-basedgroups on basic women’s rights provisions under CEDAW. Feedback forums onthe Philippine government and NGO Shadow Reports to the UN CEDAW and thelatest Concluding Comments on the Philippine Report were also conducted.xix

Capacity building and trainingThis refers to an integrated system of activities involving training, mentoring inapplication, evaluation and refinement of knowledge and operational skills onCEDAW and its Optional Protocol. This aims to develop a pool of CEDAW expertsamong selected state organs, women’s NGOs, academe, mass media and othercivil society partners.Research and advocacyThe programme supported the legal review and gender analysis of selected lawsusing the CEDAW substantive equality framework, to identify discriminatoryprovisions to be amended. Consultation workshops were held in key cities ofthe country to draft the Magna Carta for Women which introduces the principleof non-discrimination and applies such in comprehensive ways to economic,political and socio-cultural areas of Philippine society.CEDAW monitoring & reportingThe programme provides technical support for the development andimplementation of a government coordination system for CEDAW monitoring andreporting. This includes the preparation of the CEDAW official report by governmentand the shadow report by women’s NGOs as well as the implementation of theConcluding Comments in between the reporting cycle.Technical assistanceThis involves support for the incorporation of CEDAW in key national documentsand policies. It includes mentoring the technical staff of legislators and justices inthe drafting of legislative bills and court decisions. A CEDAW Watch network wasorganized to be a pool of experts and advocates to sustain peer mentoring.Partnership building and networkingThe programme works with partners at various levels. At the donor level, technicalinputs are provided to integrate CEDAW in development programming of theUnited Nations Gender Mainstreaming Committee (UN-GMC) and the OfficialDevelopment Assistance Gender and Development (ODA-GAD) Network. At theadvocacy level, support is given to a multi-sectoral CEDAW Watch network forpeer mentoring and advocacy. At the programme management level, periodicconsultations are held with programme implementing partners and the CountryConsultative Committee to catalyze programme development. These partnersput in counterpart resources and activities to support CEDAW advocacy andimplementation.xx