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Experts of the Committee on the Elimination of Discrimination against Women Welcome the Philippines’ “Tier 1” Response to Trafficking in Persons, Ask about Funding for Trafficking Victims’ Shelters and Women’s Access to Abortion
11 October 2023
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the ninth periodic report of the Philippines, with Committee Experts commended the State for maintaining its “Tier 1” status in the United States Secretary of State’s Trafficking in Persons Report since 2016, and asked about funding for trafficking victims’ shelters and women’s access to abortion.
One Committee Expert commended the State’s “Tier 1” status, but asked whether there was sufficient funding for implementing the State’s plan to combat trafficking, including funding for shelters for victims?
Another Committee Expert stated that the Philippines had one of the most restrictive abortion laws in the world, despite recent calls from the Commission on Human Rights to decriminalise the practice. How did the State party intend to support women’s access to abortion and their sexual and reproductive health rights? Hiroko Akizuki, Committee Expert and Country Rapporteur for the Philippines, called on the State party to address the Committee’s concerns regarding the criminalisation of abortion.
Kristine Rosary Yuzon-Chaves, Executive Director of the Philippine Commission on Women and head of delegation, introducing the report, informed the Committee that the country ranked 16th globally in the 2023 Global Gender Gap Index of the World Economic Forum. Educational attainment in the Philippines was nearly at parity, with the State’s educational sub-index scoring 99.9 per cent. The Philippines also spearheaded biennial United Nations General Assembly resolutions under the agenda “Advancement of Women on Violence against Women Migrant Workers” and “Trafficking in Women and Girls.”
Faydah M. Dumarpa, Commissioner of the Republic of the Philippines Commission on Human Rights, in opening remarks, said that State responses to gender-based violence fell short in addressing the specific needs of survivors, especially those with intersecting identities and vulnerabilities. The Committee needed to urge the State to institutionalise survivor-centred and intersectional responses to gender-based violence, act with due diligence in responding to cases of gender-based violence, ensure accountability for duty bearers and enhance support for women with disabilities and other community women.
Ms. Yuzon-Chaves said that the State’s commitment to justice for women was evidenced by the 878 convictions for trafficking in persons cases issued from 2003 to July 2023. These convictions had brought justice to 2,084 victims, including 1,115 adult women and 744 girl children. The State party prided itself on having held “Tier 1” status from the United States’ Secretary of State regarding its response to trafficking for over seven years.
The delegation added that the State has developed legal acts to improve its response to trafficking of persons. It allocated 18 million pesos towards such efforts in 2023. Currently, 25 task forces comprised of prosecutors, police and social workers were working to detect cases of trafficking in international airports and seaports. Also, the State had established a victim and witnesses programme and safehouses for victims of trafficking and exploitation of children.
Further, the delegation said that the national legislation made abortion illegal, however, abortions were carried out when there were complications with pregnancies. Also, there was a pre-pregnancy and post-abortion information campaign in place.
In concluding remarks, Ms. Yuzon-Chaves said the Convention provided the State party with guidance as it developed instruments and strategies to promote the rights of women. Economic independence of women was at the core of gender equality. The Philippine State wanted every girl and woman to live a life free of discrimination and violence.
Ana Peláez Narváez, Committee Chairperson, in concluding remarks, thanked the delegation for insight into situation concerning women and girls in the Philippines. She commended the State party for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee.
The delegation of the Philippines was comprised of representatives from the Philippine Commission on Women, the Permanent Mission of the Philippines to the United Nations Office and other international organizations in Geneva, Republic of the Philippines Commission on Human Rights, Presidential Human Rights Committee Secretariat, the Departments of Agriculture, Foreign Affairs, Health, Justice, Trade and Industry, and Social Welfare and Development; the Philippine National Police; the Philippine Statistics Authority; the Bangsamoro Women Commission; and the Philippine Judiciary.
The Committee on the Elimination of Discrimination against Women’s eighty-sixth session is being held from 9 to 27 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Thursday, 12 October to consider the eighth periodic report of Jamaica (CEDAW/C/JAM/8).
Report
The Committee has before it the ninth periodic report of the Philippines (CEDAW/C/PHL/9).
Opening Statement
ANA PELAEZ NARVAEZ, Committee Chairperson, expressed on behalf of the entire Committee profound appreciation of Rosario Manalo of the Philippines, the most senior Expert on the Committee, its former Chair and former Chair of the Commission on the Status of Women, who, with her unparalleled experience on the Committee and her expertise on women’s rights, provided invaluable guidance and greatly contributed to the work of the Committee.
Presentation of Report
KRISTINE ROSARY YUZON-CHAVES, Executive Director of the Philippine Commission on Women and head of delegation, said that the Philippines’ report for the period of 2016 to 2019 affirmed the State’s unwavering commitment to the Convention. She informed the Committee that the country ranked 16th globally in the 2023 Global Gender Gap Index of the World Economic Forum. Educational attainment in the Philippines was nearly at parity, with the State’s educational sub-index scoring 99.9 per cent. Furthermore, the Philippines had maintained its “Tier 1” ranking in the United States’ Secretary of State’s Trafficking in Persons Report since 2016 for fully meeting the minimum standards for the elimination of trafficking in persons. At the Human Rights Council, the Philippines was one of the main sponsors of the resolution on combating trafficking in persons, especially women and children. The Philippines also spearheaded biennial United Nations General Assembly resolutions under the agenda “Advancement of Women on Violence against Women Migrant Workers” and “Trafficking in Women and Girls.”
Key legislations, particularly the “Bayanihan to Heal as One” and “Bayanihan to Recover as One” Acts, were enacted to mitigate the COVID-19 pandemic's impact on the populace and economy. Strategic policies, which included cash and non-cash Emergency Subsidy Programs, specifically targeted vulnerable groups, including pregnant and lactating women and solo parents. Women and civil society organizations actively participated in the revision and updating of the framework and strategies of the current national development plan on gender equality and women's empowerment to address the unique challenges posed by the pandemic. In crafting the National Economic Recovery Strategy, consultations and focused group discussions were held with both labour and business groups. The labour sector developed a Labor Sector Agenda Towards Employment Recovery, which included an agenda for the women's sector. A high-level summit was also held, facilitating crucial dialogue and cooperation among stakeholders in identifying priority concerns and actions needed for employment recovery. Furthermore, individual Government agencies conducted consultations with programme beneficiaries, in initiatives such as the Expanded Social Assistance Project and the Pantawid Pamilyang Pilipino Program.
Significant legislation were passed during the pandemic, including the law mandating stronger protection against rape and sexual exploitation and abuse and increasing the age for determining the commission of statutory rape from under 12 years to under 16 years of age, and imposing a higher penalty of life imprisonment; the law prohibiting child marriage in the Philippines, which considered it to be child abuse; the law prohibiting online sexual abuse or exploitation of children, and proliferation of exploitation materials; the Expanded Anti-Trafficking in Persons Act; and the Expanded Solo Parents Welfare Act, which increased benefits and provided additional support to solo parents. These legislative milestones underscored the State party’s unwavering commitment to protecting and promoting the rights of women and girls.
Local ordinances against online and offline sexual abuse and exploitation of children had been enacted in various cities and municipalities. Further strengthening the implementation and monitoring of laws at the grassroots level was the establishment of Local Committees on Anti-Trafficking and Violence Against Women and Their Children. These committees were spread over 57 provinces, 127 cities and 1,237 municipalities. Additionally, 28,292 village (Barangay) Violence Against Women Desks had been established throughout the country.
Furthermore, the State’s commitment to justice for women was evidenced by the 878 convictions for trafficking in persons cases issued from 2003 to July 2023. These convictions had brought justice to 2,084 victims, including 1,115 adult women and 744 girl children. Non-governmental organizations actively participated in various inter-agency councils for the prevention of gender-based violence.
Being the first country in Asia to adopt a national action plan on women, peace, and security, the Philippines was currently crafting its fourth-generation plan. The Government continued to collaborate with civil society, women's rights groups, indigenous women, women with disabilities and youth in its assessment of previous plans and the development of the incoming plan.
Further, the State implemented various credit programmes to support women small farmers and fisherfolk, including entrepreneurs, reaching a total of 47,446 such people. Of these, 27 per cent were women borrowers who were 60 years old and above, and 7.9 per cent were women aged 18 to 30 years old. These programmes also reached 5,262 indigenous women and 259 women with disabilities. The State had provided 186 million United States dollars’ worth of loans released to 49,107 micro, small and medium enterprises. Of these, 61.91 per cent were female-owned enterprises. Temporary wage public employment had reached millions of beneficiaries, a significant portion of whom were women. Rigorous labour inspection procedures were enacted, ensuring welfare and equal opportunities for women in the workforce.
The Gender Responsive Basic Education Policy was in place to protect children from all forms of gender-related violence, abuse, exploitation, discrimination and bullying. This policy was inclusive and covered indigenous children, as well as lesbian, gay, bisexual and transgender children. The State had developed the Health Promotion Strategic Framework, focusing on sexual reproductive health and violence prevention. Moreover, the Women and Children Protection Program Costed Implementation Plan 2021-2025 was strategically designed to ensure that survivors of violence had access to comprehensive services.
The Philippine judiciary introduced innovations to render courts more gender-responsive to protect victims of trauma when providing testimonies. Relatedly, judges and court personnel, as well as prosecutors, public defenders, social workers, and law enforcement officers had undergone training by the Philippine Judicial Academy to facilitate gender-responsive handling of cases and create a safe environment for survivors of gender-based violence.
Gender mainstreaming was at the core of the State party’s approach. It had long practiced gender-responsive budgeting, ensuring dedicated allocations and expenditures for women and gender equality across all Government agencies. A Functionality Assessment Tool had also been developed to bolster the effectiveness of the Gender and Development Focal Point System. This body had been established in all Government ministries and agencies to catalyse the mainstreaming of gender and development perspectives in policymaking, planning, programming, budgeting, implementation, monitoring and evaluation processes.
The Philippines’ continuing work in empowering all women and girls and achieving gender equality was translated into the Gender Equality and Women’s Empowerment Plan 2019-2025. The Plan concretised the commitment to fully implement the Magna Carta of Women and facilitated the implementation of the country’s international commitments to gender equality and women’s empowerment, to move the country closer to the achievement of its long-term vision of a gender-equal society.
Beyond its borders, the Philippines was the vision lead for gender mainstreaming in the Association of Southeast Asian Nations. Its local Committee on Women Philippines, together with ACW Malaysia, led the formulation of the Association of Southeast Asian Nations Gender Mainstreaming Strategic Framework 2021–2025.
Opening Statement by National Human Rights Institute
FAYDAH M. DUMARPA, Commissioner of the Republic of the Philippines Commission on Human Rights, said that the Commission on Human Rights of the Philippines acknowledged the passage of key legislations protecting women and girls’ rights, and recognised the State’s increased ranking from 19 to 16 in the Global Gender Gap Index. However, the Commission remained concerned with the persistent challenges in the de facto enjoyment of women and girls’ human rights. The Commission was also concerned about the recurring pattern of women human rights defenders facing baseless charges and later being acquitted. These acquittals were welcome developments, but did not erase threats to security and liberty, the trauma inflicted and the impact of the pattern of criminalisation. The Committee needed to seek commitment from the State to strengthen accountability against malicious prosecution and other human rights violations, ensure the expeditious resolution of women human rights defenders’ cases, and the review and amend the Anti-Terror Law and Executive Order 70.
The Commission was concerned that crucial legislation on women’s human rights remained pending. The Committee needed to urge the State to review the regulations on third party consent in accessing sexual and reproductive health and rights services and the continuing criminalisation of abortion; to expedite the passage of the law on divorce, the Magna Carta of Workers in the Informal Economy, the Human Rights Defenders Bill, the Adolescent Pregnancy Prevention Bill and the Sexual Orientation, Gender Identity and Gender Expression Equality Bill, which had been pending for 23 years. It also called for the passage of the Commission’s Charter, which would promote full compliance with the Paris Principles.
The Commission also expressed concern regarding resistance in the implementation of the law prohibiting child marriage and the Safe Spaces Act. While the State had issued a directive, concrete updates have yet been provided on the State’s compliance with the Committee’s views on the Malaya Lolas. The State needed to ensure swift delivery of adequate and effective remedies for the Malaya Lolas.
State responses to gender-based violence fell short in addressing the specific needs of survivors, especially those with intersecting identities and vulnerabilities. There were reports of insensitivity from service providers to the needs of women with disabilities. Stigma against women of diverse sexual orientation, gender identity, gender expression and sex characteristics, prostituted women and women living with HIV prevented access to remedies. The perpetuation of gender-based myths and stereotypes among duty bearers led to biased treatment and victim-blaming. The Committee needed to urge the State to institutionalise survivor-centred and intersectional responses to gender-based violence; to act with due diligence in responding to cases of gender-based violence, ensure accountability for duty bearers and enhance support for women with disabilities and other community women.
Over the past few years, the Commission had worked with survivors of trafficking, indigenous women and girls, women with disabilities, adolescent girls, women in the informal sector, women deprived of liberty, women and girls in street situations, solo parents, lesbian, bisexual, transgender and intersex people and migrant workers. The State needed to ensure the participation and recognition of all these groups.
Finally, the COVID-19 pandemic had exacerbated the impact of existing inequalities and the country was likely to encounter similar crises, thus, the State was urged to institutionalise and localise gender-responsive and intersectional responses to health crises and other emergencies and ensure access to services and information. The Commission emphasised the imperative for the State to heed the voices of marginalised women and girls. The COVID-19 pandemic underscored the urgency of inclusive, gender-responsive, and intersectional approaches to crises. It urged the State to commit to these vital measures, ensuring the critical participation and recognition of all sectors of women and institutionalising gender-responsive and intersectional responses to future emergencies. It was their shared responsibility to build a society where every woman and girl, regardless of their background, enjoyed the full spectrum of human rights and freedoms.
Questions by Committee Experts
HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Philippines, expressed appreciation to the State party for nominating Rosario Manalo to the Committee. The Philippines had made progress in its legal, administrative and institutional frameworks, although there were still gaps in the implementation of the Convention.
Another Committee Expert also paid tribute to Rosario Manalo, whose diplomatic career, expertise and contribution to the Committee were highly regarded and admired. The Expert noted the progress made since the last dialogue, including the Women's Magna Carta, the Maternity Leave Act and the Universal Social Coverage Act in 2019, the consolidation of the right to reproductive health, the Migrant Workers Act 2021, the Rape Law and the Bangsamoro Organic Law, which was part of the State's women, peace and security programme. All these reforms were important, but they could only be applied in a State governed by the rule of law that recognised the full effectiveness of the Convention. What initiatives did the State party intend to implement to strengthen the legal scope of the Convention and its application throughout the territory for the benefit of all women, especially in favour of the most vulnerable groups of women, such as women human rights defenders, activists, journalists, women politicians and lawyers, many of whom were exposed to repressive and discriminatory measures and “red tagging”? Women belonging to indigenous, migrant or rural minority communities, women with disabilities, and lesbian, bisexual, transgender and intersex women were also victims of intersectional discrimination. The State needed to implement a general law on discrimination, in line with article two of the Convention, consolidating the legislative framework and covering all forms of intersectional discrimination. How quickly could this text be adopted?
The 1987 Constitution recognised and incorporated international law, but the Committee noted that the Philippines did not grant these norms legal superiority but rather equality with domestic legislation and, in case of contradiction, recognised the primacy of domestic law. Was priority being given to legislative projects ensuring the coherence of national legislation with the Women's Magna Carta and the Convention, in particular Presidential Decree 1083 establishing the Code of Muslim Personal Laws, the pardon clause of Law 8353 on rape, Ordinance 209 establishing the Family Code and the revised Penal Code? Would the State party fully implement the Committee’s general recommendations related to Parliament and civil society? Would it cooperate with non-governmental organizations in implementing the Committee’s concluding observations? Could it commit to conducting an in-depth assessment of the impact of repressive laws and measures, including anti-terrorism laws, on the situation of women, and to strengthening cooperation with United Nations Agencies to ensure capacity building and technical assistance on the basis of the recommendations expressed by its various bodies?
The State party needed to urgently deepen reform of the justice system to respond to the climate of impunity that persisted. Could the State specify whether this reform would include the strengthening and harmonisation of fundamental rights within the various judicial structures, in particular within religious courts and customary and indigenous systems? It was important that the territory was covered with functioning judicial structures. How would the State party ensure accountability for arbitrary arrests and extrajudicial decisions targeting in particular human rights defenders? Were measures envisaged to ensure that access to justice was expanded for the most vulnerable or disadvantaged, particularly in post-conflict areas? Could the State specify the conditions for the training of all judicial actors and the role of the Judicial Academy in strengthening women's rights in proceedings, particularly mediation?
Responses by the Delegation
The delegation said that the State party was implementing a legislative agenda that prioritised women. It sought to reinstitute divorce, to further amend the revised penalty code, to amend provisions on adultery and marriage that were biased against women, to enact a law upholding the rights of women deprived of liberty and to seek to enact the Magna Carta of Workers in the Informal Economy. In the absence of legislative measures, anti-discriminatory ordinances were locally adopted and implemented.
During the COVID-19 pandemic, social assistance was provided to 15 million households, including persons with disabilities and vulnerable groups. Through the passage of the Bayanihan to Heal as One Act, the State aided the marginalised people in the Philippines. A livelihood assistance grant was provided during the pandemic, particularly to women.
The Government was treating women human rights defenders equally and fairly. This was a common duty of every Filipino. The State party was committed to defending the human rights of all Filipinos, including women.
The Judicial Academy comprised experts in various fields. It conducted numerous trainings on the rights of women under relevant laws, trafficking of persons, online sexual exploitations and gender aspects. More than 25,000 people employed in the judiciary had undergone training regarding women’s rights.
There were still no programmes or legal actions taken to address early and forced marriage in the Muslim communities, but a range of programmes were conducted in other communities that reached 23,000 people. Further, the State conducted public awareness campaigns on gender perspectives in Islamic law.
The State party consulted with civil society organizations regarding legislation and initiatives implemented in the context of national development plans for women. It had developed gender equality and women’s empowerment plans. Civil society organizations were also included in inter-agency committees, where they raised issues and concerns.
The country had a mechanism for reporting and monitoring implementation of the Convention, which had established a national recommendation tracking database.
The Secretary of Justice said that there was no policy of “red tagging”. The judiciary followed the evidence, wherever it might lead. A first-ever capacity building seminar was delivered to elevate officials’ knowledge of forensic science and capacity to contribute to criminal prosecutions.
National legislation made abortion illegal, however, abortions were carried out when there were complications with pregnancies. Also, there was a pre-pregnancy and post-abortion information campaign.
The anti-terrorism act was drafted with many stakeholders, including women, human rights defenders and grassroot communities. Anti-terrorism policies addressed vulnerable segments of society, such as women. The Commission of Human Rights received and addressed complaints of rights violations, including from human rights defenders. The State would hold the perpetrators of killings of human rights defenders accountable.
Questions by Committee Experts
A Committee Expert said the Committee had issued a recommendation in March 2023 to the State party to provide access to justice and other forms of reparation to the Malaya Lolas community for the wartime sexual violence that they faced. Would the concerns and petitions of these people be addressed individually or collectively?
HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Philippines, said that, according to the Vienna Convention, the State could not use national law as grounds for not implementing its international obligations. The Convention obliged the State party to eliminate human rights violations, including red tagging.
Another Committee Expert said that women’s rights were not just a universal principle but also a tool for sustainable societal change.
One Committee Expert noted that the Philippines was ranked highly in terms of its gender equality and the Committee expected the State to uphold higher benchmarks in that regard. The Commission for Human Rights and Commission for Women was doing good work.
The State had reported that it was considering creating five regional Philippine Commission on Women offices and elevating the rank of the Commission’s Chairperson to “Undersecretary” level. By when did it envisage the regional offices to be established? Gender budgeting was mandatory across all Government agencies. The Magna Carta on Women stipulated that at least five per cent of an agency’s total annual budget needed to be allocated to execute its Gender and Development Program and related agency mandates. What was the impact of this provision on mainstreaming gender across all Government agencies? The Committee was concerned that the position of Chairperson of the Commission had been vacant for a long time. What was the plan for appointing a Chairperson as soon as possible?
The Commission on Human Rights was also designated as the Gender and Development Ombud. What was the coordination mechanism with the Philippine Commission on Women? Did the Commission on Human Rights also coordinate with the National Commission of Indigenous Peoples? The Commission issued position papers in 2020 and 2021 which contained recommendations to Congress to strengthen the legislative framework to protect women from sexual violence, including to increase the age of sexual consent, and to enact laws which would safeguard the intersectional needs of marginalised women and institutionalise programmes for incarcerated mothers and their children. How was the State planning or considering the implementation of these important recommendations? The recently launched Philippine Development Plan 2023-2028 outlined the Government’s plan to achieve “economic and social transformation for a prosperous, inclusive, and resilient society.” It focused on rapid post-pandemic recovery and long-term sustainable growth, rooted in the foundation of resilient communities and ecosystems. How was gender equality and women’s empowerment integrated in this plan?
The Philippines was the first country in Asia to develop a national action plan on women, peace and security in 2010. Its second plan was being implemented from 2017 to 2022. How had the State assessed implementation of the previous plans? What were the impacts of regional plans on the lives of women, particularly those who lived in conflict-affected regions?
Another Committee Expert said that the position of women would not be improved unless their de facto equality was achieved. Certain groups of women suffered from multiple forms of discrimination. Did the State Party have any intention of using temporary special measures to achieve women’s substantive equality in fields such as political participation, health, education and employment, and to specifically support women who suffered from intersectional discrimination? What was the prospect of the enactment of the Women’s Political Participation and Representation Law? Would temporary special measures be accompanied by a concrete evaluation of outcomes?
Responses by the Delegation
The delegation said that it had provided written responses in September to the Committee’s recommendations on the Malaya Lolas case, and called on the Committee to refer to these.
The Philippine Commission on Women was granted additional budget for establishing one regional office. The Commission provided webinars on gender and development training and gender mainstreaming, budgeting and planning. Over 15,000 participants were trained between 2020-2023, out of whom around 12,000 were women. The budget for 2024 would be increased by 41 per cent.
A study into implementation of the Magna Carta on Women covering the period from 2010 to 2017 was published in 2017. Its results were used to formulate the Women’s Empowerment Plan. There were challenges in the budgetary domain, but the State party was keen to improve the Philippine Commission on Women’s monitoring and other functions.
Civil society organisations were involved in the development of laws like the Safe Spaces Act. The State had temporary special measures addressing women’s work rights, such as laws on maternity leave, solo parent leave, leave for victims of violence and the Anti-Sexual Harassment Act.
There was a 30 per cent quota for the share of women in the workforces of public sector institutions and security forces.
Questions by Committee Experts
A Committee Expert asked why the Philippine Commission on Women was not a Ministry. What was its structure?
Another Committee Expert asked how the 30 per cent quota for women’s representation in security forces was implemented.
A Committee Expert said there seemed to be an overlap between the competencies of the Commission on Human Rights and the Philippine Commission on Women. Was there a mechanism preventing such overlap? How did the institutions harmonise their work?
Responses by the Delegation
The delegation said that since 1992, the share of women in military and police forces had gradually increased from 10 per cent to the current level of 30 per cent.
The Philippine Commission on Women was attached to the Ministry of Interior. There was no overlap between it and the Commission on Human Rights. The Commission on Human Rights was mandated to oversee human rights violations, while the Philippine Commission on Women was promoting policies for women and ensuring that gender mainstreaming was fully implemented. The Philippine Commission on Women trained all Government and administrative units in that regard. The Commission on Human Rights was authorised to investigate other State agencies regarding human rights violations. The Presidential Human Rights Committee assessed implementation of treaties.
Questions by Committee Experts
A Committee Expert asked about the impact of the Gender Equality and Women’s Empowerment Plan 2019–2025. Did the State party see any behavioural change from men and women? What were the criteria for measuring changes in gender norms and culture? How were the media and civil society organizations engaging in awareness-raising and educational campaigns to eliminate discriminatory stereotypes regarding the roles and responsibilities of women and men in society and the family, targeting women and girls, men and boys, and religious and community leaders? What were the specific measures to monitor the negative portrayals of women in the media and on social media, as well as in statements by public officials? Was data systematically being collected on all occurrences of harmful practices in the State party, including on child and forced marriage?
Further, the National Demographic Health Survey of 2022 revealed 18 per cent of married women aged 15 to 49 had experienced physical, sexual or emotional violence from their husband or partner. The Survey also indicated that only 34 per cent of those women sought help. What measures was the State party taking to encourage reporting of domestic violence against women and girls and to eliminate gender-based violence against all women and girls in the public and private spheres? Domestic violence was not covered by the existing legislation on gender-based violence. Were there any plans to institutionalise survivor-centred and intersectional responses to gender-based violence to address the specific needs of survivors? What measures were envisaged to ensure the full implementation of the Anti-Violence Against Women and Children Act and to ensure that local governments were provided enough resources to ensure implementation? How would the national and regional action plans on women, peace, and security for 2023 to 2028 strengthen and harmonise the mechanisms and services for the protection of women and girls in conflict-affected, vulnerable communities?
How did the State party protect Filipino women migrant workers from gender-based violence? How would the State address increasing cases of online gender-based violence, including online sexual exploitation, against women journalists, activists and politicians? What measures would the State party take to prevent and respond to sexual exploitation and abuse by its personnel?
Another Committee Expert asked whether there was sufficient funding for implementing the plan to combat trafficking, including funding for shelters for victims? How could the women who had been trafficked overseas benefit from the plan? What was the State party doing to prosecute illegal work agencies? Was the competent department established by the Trafficking in Persons Act of 2021 fully operational and functioning? How many women would be affected by the decision to raise the age restriction for domestic workers going abroad from 23 to 24 years?
Child sex trafficking remained a pervasive problem. The Philippines was one of the largest known sources of online sexual exploitation, in which traffickers sexually exploited children, individually and in groups, in live internet broadcasts in exchange for compensation. The traffickers were often parents or close relatives and many child victims, girls and boys, were younger than 12 years old. What protective measures were in place for these children? The anti-trafficking law had expanded the forms of exploitation to include the production, creation and distribution of child sexual abuse and exploitation materials. Was this law implemented and did it lead to successful prosecutions?
Responses by the Delegation
The delegation said that the State has developed acts to improve its response to trafficking of persons. It allocated 18 million pesos towards such efforts in 2023. The State prosecuted the trafficking of persons through a specialised unit, with personnel from the Prosecutor’s Office and specialised police. The State had anti-trafficking units for reporting across the country. It also continued to develop capacity building programmes for inspectors and prosecutors. Currently, 25 task forces comprised of prosecutors, police and social workers existed in international airports and seaports. To include the Muslim community, one task force had been set up in the Muslim-populated region as well. Also, the State had established a victim and witnesses programme and safehouses for victims of trafficking and exploitation of children. The State party prided itself on having held “Tier 1” status from the United States’ Secretary of State regarding its response to trafficking for over seven years. Law enforcement and prosecution officials coordinated and cooperated to investigate cases with a reasonable certainty of conviction. In 2022, the State decriminalised prostitution by expanding the Anti-Trafficking Act, which provided that persons who were trafficked would not be penalised.
The State recognised the need for prevention of violence in schools, communities and workplaces. Citizens were encouraged to change social norms and practices. It had established women and child protection units in 120 hospitals in fifty regions. The State also, through its Supreme Court, aided establishment of “House of Hope” to help women and children who faced violence. All women could access these houses, regardless of their ethnicity.
Women, peace and security plans were rolled out in numerous regions. These plans addressed emerging trends in the domain, including climate security, artificial intelligence and mental health.
An assessment of implementation of the Magna Carta on Women was carried out in 2022. The gender gap in education outcomes was closing. During the pandemic, a rising number of men participated in unpaid care and domestic work. The Department of Education had published Social Content Guidelines, which added educational content on gender equality to school curricula. Politicians and the media were encouraged to take part in addressing this issue. The Philippine Survivor Network was established to influence policy makers regarding trafficking and to provide education to victims of trafficking.
Contracts with nations where many violations of the rights of migrant workers occurred would be reviewed. All States needed to monitor recruitment agencies. In 2022, the Secretary of Justice, the European Union Agency for Law Enforcement Cooperation and the European Union Agency for Criminal Justice Cooperation cooperated to combat transnational crimes, particularly in the domain of trafficking of women. This collaboration focused on protecting borders and gaining insight into potential sexual offenders.
A cyber monitoring centre was established to protect children and address cyber risks related to trafficking and sex exploitation. In 2022, a law was passed punishing sexual abuse and exploitation of children, which also considered online risks.
Questions by Committee Experts
A Committee Expert commended the State’s “Tier 1” status. The parents of some child victims, however, were traffickers who abused their children. Compensation frequently went to these parents. What help could these children obtain, especially if they lived in poverty?
Responses by the Delegation
The delegation said that child victims were housed in residential premises tailored to survivors. Children whose parents were perpetrators were placed in alternative family care programmes. This was a last resort. The State considered the best interests of the child. Adoption services and foster care services were available.
Questions by Committee Experts
A Committee Expert said that there was unequal political representation of women in the lower house and in the upper chamber. What measures were taken to promote women’s representation in these extremely important political bodies? Could the delegation provide statistics on women’s representation in other decision-making positions, including at high levels of the Government, the judiciary and the civil service at the national and local levels? What measures were being taken to address and correct unequal representation in these bodies? Were there any plans to introduce a statutory quota for women’s representation in national and local parliaments and political parties? To what extent did women, including marginalised women, represent the State party at the international level and in international organizations?
What campaigns were in place to raise awareness among politicians, the media, teachers, community leaders and the general public about the importance of the participation of women in decision-making at all levels? What measures were taken to increase female participation in conflict resolution negotiations? There were worrying reports of increasing violence towards female politicians, including violence that might have originated from Government representatives. Did the State party intend to desist from all forms of red tagging and to review the continued detention of certain women human rights defenders?
Another Committee Expert noted that long-standing and antiquated naturalisation laws propagated gender inequality and discrimination, thereby running contrary to the Constitution. There was a provision in one such law that ultimately deprived women of their choice of nationality. What steps had been taken to bring these discriminatory nationality laws in line with the Convention? When would the State party revise nationality laws in line with international non-discrimination obligations? What were the effects of the National Action Plan to End Statelessness by 2024? Had this plan led to a decrease in the number of stateless persons?
The delegation said that the judiciary had traditionally been a bastion of male dominance. However, as of 2022, 57 per cent of judges were female. The State was conducting studies on feminism and gender equality to promote judicial innovations.
There were cases of detained women human rights defenders that were pending review. Around 400 to 500 women were being released from places of detention each month in accordance with United Nations recommendations. These women were obtaining rights to earlier probations and other benefits.
The State was addressing all asylum seekers’ and refugees’ petitions. It granted health services to these people through the relevant health act, which recognised their difficult situation. The next national development plan included measures to support these people. A Supreme Court judgment also facilitated the naturalisation for refugees and stateless persons. The State offered aid and education to Rohingya refugees. Also, a “bill of rights” for the displaced was being considered.
The State was encouraging the participation of women in politics through several initiatives. The 68th session of the Commission on the Status of Women, to be held in the Philippines in 2024, would focus on intersectional discrimination and would include representatives from grassroots community organizations, rural women and indigenous women.
Questions by Committee Experts
A Committee Expert said it was good to see the State party ranked highly in the World Economic Forum’s “Global Gender Gap Report 2022”. The Expert called for sex-disaggregated data on recipients of science, technology, engineering and mathematics degrees from higher education institutions. What financial incentives and scholarship systems were in place to encourage women and girls to study courses in those domains? Further, more information about the Alternative Delivery Modes and the Alternative Learning System was needed. How did they ensure girls’ access to education, especially in indigenous communities and on outer islands, where public schools were limited or unavailable? The State party had reported that it took measures to investigate and prosecute cases of gender-based violence, harassment and abuse in schools and provided counselling for students to foster a safe and inclusive educational environment. How effective were these practices? Did the punishment of perpetrators in these cases serve as a warning and a deterrent? What measures were in place to ensure women and girls’ equal access to education during the pandemic? What was the percentage of girls returned to schools after the pandemic? Did the State party take steps to help girls who left school due to the pandemic? Which measures were taken to address gender stereotypes in curricula and textbooks?
Another Committee said that the May 2023 labour force survey found millions of women to be economically insecure, with more than 18 million women out of work force. Only 46 per cent of women were included in the workforce. Women farm workers earned 25 per cent less than men. What temporary special measures were implemented to increase the number of fully-employed women and close the pay gap? 6.6 million Philippine women working in the informal sector did not have full protection and faced hazards. What measures were taken to increase the number of women working in the formal sector and to increase women’s awareness of labour rights?
In 2021, there were over one million Philippine women abroad, many of whom faced abuse. How many complaints of abuse had been submitted to the new, improved monitoring mechanism? What did State Party do to encourage the participation of women in labour unions? Also, did the victims of sexual harassment have full access to all services, and to what extent did the Safe Spaces Act contribute to improving those services?
Responses by the Delegation
The delegation said enrolment of women in tertiary institutions had increased over the past several years. 60 per cent of recipients of higher education scholarships for courses in science, technology, engineering and mathematics were girls. Several laws supported vulnerable groups’ access to education. The Madrasah Education Program promoted capacity building for the Muslim community, supporting them to participate in all endeavours in the country. There was also a literacy program for indigenous groups that especially targeted school dropouts. Capacity building and other activities were carried out to tackle gender stereotypes. Gender sensitive curricula were being developed.
Development plans promoted inclusive education. Alternative learning modules were directed toward children who were out of school. The State party was conducting campaigns promoting adolescent health. Women accounted for 38 per cent of graduates in courses in non-traditional disciplines in 2018, out of whom 46 per cent participated in technical disciplines.
The State was also holding capacity building programmes for entrepreneurs. Over 4,600 women had participated in these programmes. From 2016 to 2019, over 6,000 job fairs were held. The State followed International Labour Organization guidelines in its efforts to promote the transition from informal to formal work, raising awareness in this regard among vulnerable women.
Livelihood business programmes were established for migrants wishing to return to the Philippines. 1,598 persons had participated in these programmes, 69 per cent of whom were women.
In response to a follow-up question on the status of the draft Menstrual Leave Act, the delegation said it was still a bill under discussion in the House of Representatives.
Questions by Committee Experts
A Committee Expert said the Philippines was to be congratulated on significant progress made in improving women’s health and wellbeing across the country. The State had launched various policies and programmes since the last constructive dialogue, including the Adolescent Health and Development Program, the Malnutrition Reduction Program, the Universal Healthcare Act, universal access to the National Health Insurance Program, and the National Policy on the Prevention and Management of Abortion Complication. Furthermore, the 2019 Republic Act 11210 increased maternity leave to 105 days, above current international standards. However, the maternal mortality rate in the Philippines exceeded international goals, with 78 deaths per 100,000 live births recorded in 2020. What further measures were being implemented to ensure women had access to appropriate pre- and post-natal care, particularly women in rural communities and women with disabilities? Despite the recent increase in access to maternity leave, only seven days’ leave was allocated to fathers and alternative caregivers. The State party needed to allow for full leave entitlements to be shared between both caregivers, and to encourage the equal distribution of childcare between mothers and fathers. Further, the Philippines had one of the most restrictive abortion laws in the world, despite recent calls from the Commission on Human Rights to decriminalise the practice. How did the State party intend to support women’s access to abortions and their sexual and reproductive health rights? Further, how did it intend to better support women working within the healthcare sector, such as through increased pay, reduced hours and stronger workplace protections? A 2022 survey of women in the Philippines found that over half of respondents lacked knowledge about sexual and reproductive health, including pregnancy and postpartum care. What measures were being taken to increase health-based literacy amongst women and girls? Breast cancer mortality in the Philippines was the highest in Asia and one of the highest in the world. How did the State party intend to reduce the prevalence of breast cancer amongst women in the Philippines? What was the coverage rate of the National Health Insurance Program and social protection programmes for vulnerable women? What measures existed to ensure the full implantation of the Responsible Parenthood and Reproductive Health Act by local governments?
Another Committee Expert commended the State Party for its Gender Equality and Women’s Empowerment Plan 2019-2025, which contained strategic actions to fully implement the Magna Carta of Women to facilitate the implementation of the Convention. Could the State party provide information about the roadmap, indicators and monitoring mechanism for this Plan? More resources needed to be devoted to the plan to support women’s access to credit, markets, land and other productive resources. What had been the impact of tax reform on the economic empowerment of women? Did the State party implement a progressive system of taxation that facilitated women’s empowerment? Was it considering developing a policy initiative or strategy on gender-responsive procurement both in the public and private sectors? What steps were taken to improve the collection of gender-related data to inform policies and programmes aimed at supporting women-owned and women-led enterprises? How did the State promote the financial inclusion of indigenous and Moro women in the Bangsamoro Region, who did not have access to banks and limited access to capital? How were they being protected from predatory lenders who, during the pandemic, started charging as much as 40 per cent monthly interest?
Further, what steps was the State party taking to provide affordable and quality childcare for women? Was it revisiting the day care centre law and looking into subsidising care facilities through investments and private sector partnerships to further facilitate economic development? Women still had less access to digital technology and mobile banking than men. What steps were being taken to address this situation and provide increased training for women in digital technology? Further, most women were in the informal sector. How was the State supporting access to social insurance benefits and pensions for indigenous women, women migrant workers, women in remote areas, women with disabilities and domestic workers?
Responses by the Delegation
The delegation said that bills were being prepared on paternity leave benefits. The State was promoting flexible work arrangements and remote work to give women a chance to share domestic work with their partners.
The number of maternal deaths per 100,000 births had decreased from 100 in the early 2000s to around 70 in 2020. The State was promoting health literacy, HIV screening and good nutrition, and implementing standards and programmes concerning family planning. The Reproductive Health Law prescribed contraceptive products and methods in line with standards in that domain. A strategic health plan for 2023 to 2028 envisaged prevention strategies including human papillomavirus vaccinations and screening for cervical and breast cancers. The Government devoted 1.3 million pesos per year in this plan. Measures supporting woman health workers were being integrated into action plans and policies.
A comprehensive adolescent reproductive health programme was in place in the Philippines. The gender equality and women’s empowerment plan promoted women’s access to higher paid positions and higher representation of women in labour organisations.
20 per cent of women in the Philippines had their own bank account, and 36 per cent used an e-bank account. 86 per cent of women used mobile phones, and 3.3 per cent paid bills electronically in 2021. The State party was re-skilling women, boosting digitalisation and business operations and promoting structural reforms to remove systemic barriers to inclusion. The State was promoting women’s access to finance and loans, trade fairs, product development services, and e-commerce and branding services.
Indigenous persons and pensioners had access to universal health care.
In response to a follow-up question on the availability of accessible mammography technology that enabled women in wheelchairs to be screened, the delegation said the State party would ensure that access to such equipment was available throughout the country.
Questions by Committee Experts
A Committee Expert said that poverty levels were still high; over 10 million women continued to live in poverty. This was especially evident among marginalised groups. Women with disabilities were often excluded from many opportunities.
Statistics from a 2022 report indicated that only six per cent of women owned land alone or jointly with someone. What legal provisions promoted indigenous women’s access to land ownership? What percentage of women were given the free waivers option? How could access to these rights be advanced for rural and disadvantaged women? How would industrialisation benefit rural and disadvantaged women? Could the State party provide plans to increase access to quality care for all vulnerable categories, including rural women and those from indigenous groups? What was being done to support women to lead farms? On climate change, what were the State party’s plans to engage local and national women organisations in managing disaster risks?
Another Committee Expert asked how, in the aftermath of the acquittal of Nobel Prize-winning journalist Maria Rossa, the State party could safeguard access to justice for other women journalists. How could it be ensured that legislation was not weaponised to punish women human rights defenders? Would the State party introduce the concept of “irreconcilable differences” in its legislation? Was there any plan to repeal Articles 333 and 334 of the revised Penal Code and to treat “marital infidelity” as a breach of the marriage contract rather than a criminal act? What efforts were made to harmonise national legislation, including the Family Code and the Code of Muslim Personal Law, with the Convention and other international norms, repealing all discriminatory provisions to ensure that women enjoyed the same rights as men in marriage, divorce, inheritance and marital property? What efforts were made to study the good legal practices of other countries with similar cultural backgrounds? What programmes targeting girls, women, parents, community, traditional and religious leaders, as well as law enforcement and the judiciary, were in place to raise awareness of the criminal nature and negative consequences of child marriage on girls’ education and human rights?
Responses by the Delegation
The delegation said a gender perspective was integrated into the State’s national disaster management plan, and the Philippine Commission on Women was monitoring evaluation in that regard. The Commission was also a party to the People’s Survival Fund, which was implementing measures in the context of climate change, especially considering vulnerable groups of people.
The State launched the “Justice on Wheels” programme to bring justice closer to the people. Women in detention particularly benefited from these mobile courts. Local officials were trained on human rights and how to settle disputes. The State conducted dialogues with female inmates and provided them with medical aid. Over the span of 14 years, over 5,700 cases against women had been dismissed, over 9,600 female prisoners had been released and over 20,700 had benefited from medical treatment. Six regional Public Attorney offices offered legal representation and advise free of charge. Their service was mandatory in criminal cases when the accused did not have legal counsel.
The State party had over 1,000 civil society organisations and hundreds of media organisations. The media sphere was open, free and largely self-regulated. Cybercrime and media laws were not weaponised. Press freedom was never a subject of any attack from the Government. The State had sufficient justice and accountability mechanisms.
The State was promoting recognition of indigenous peoples’ customary laws. It had recognised 34 indigenous political structures, which had more than 5,000 representatives, out of whom over 2,400 were women. Indigenous peoples had the right to develop their own structures. Further, the National Commission on Indigenous Peoples issued certificates of ancestral land and property rights to over one million people.
The State, along with international partners, was implementing a pilot climate change response project that aimed to assist poor and vulnerable persons. Further, 123 climate resilient villages, benefiting over 5,000 farmers, had been established through special activities aimed at poverty reduction.
Measures were taken to ensure that women victims of gender-based violence had access to legal aid. The State had also created 11 “justice zones” across the country that supported expedited coordination between local judicial bodies on cases of rape and other forms of gender-based violence.
The Philippine Commission on Women had advocated for a law promoting the rights of women deprived of liberty. The gender equality plan promoted gender-responsive detention and prison facilities.
The Commission was calling for the revision of penal provisions on infidelity. Infidelity was still illegal because it was a breach of marital vows, infringing not only on spouses but also the State. The criminalisation of infidelity served as a deterrent to extramarital affairs. However, the infidelity of men and women was treated equally. The State was considering the Commission’s recommendations and consulting with civil society organisations regarding its proposed amendments.
The State recognised the rights of internally displaced persons. Provisions in that regard were being considered in the Parliament. Women and child friendly spaces were established in emergency evacuation centres.
The Philippine Commission on Women had also proposed a draft bill on divorce, which would permit divorces in cases of domestic violence, change of political or religious affiliation due to pressure from spouses, marital infidelity and rape. The Commission was hopeful this would be supported in the Parliament.
The Bangsamoro Commission for the Preservation of Cultural Heritage, however, opposed the draft legislation on divorce, as Islamic law considered divorce to be a last resort. The Bangsamoro Commission was promoting the sanctity of marriage.
Since the passage of law against child marriage in 2021, the State had disseminated its provisions with the support of the Philippine Commission on Women .
Questions by Committee Experts
HIROKO AKIZUKI, Committee Expert and Country Rapporteur for the Philippines, said that the Committee’s concerns regarding the criminalisation of abortion needed to be addressed.
Another Committee Expert asked if studies had been conducted on the situation of former migrant women who had returned to the Philippines and the hundreds of thousands of children who were left in the country while their parents worked overseas.
Closing Statements
KRISTINE ROSARY YUZON-CHAVES, Executive Director of the Philippine Commission on Women and head of delegation, expressed profound gratitude to the Committee for the constructive dialogue. The Convention provided the State party with guidance as it developed instruments and strategies to promote the rights of women. She shared a story of a women who experienced violence, who became an entrepreneur who inspired others to follow suit, with the aid of the State. Economic independence of women was at the core of gender equality. The Philippine State wanted every girl and woman to live a life free of discrimination and violence.
ANA PELÁEZ NARVÁEZ, Committee Chairperson, thanked the delegation for insight into situation concerning women and girls in the Philippines. She commended the State party for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee, for purposes of more comprehensive implementation of the provisions of the Convention throughout the territory of the State party, for the benefit of all women and girls in the country.
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