Gender, Justice and Peace: Building a Culture of Peace

1. AGAIN…Welcome to the 2011 CEAP ANNUAL NATIONAL CONVENTION Theme: “Building Culture of Peace: Sharing the Vision, Living the Dream”

2. CONCURRENT SESSION • On TOPIC: • GENDER, JUSTICE and PEACE • 9:00 am - 12:00 nn (with Open Forum/Proposed Resolutions) • September 22, 2011 • Garden Room, Apo View Hotel, Davao City

3. GENDER, JUSTICE and PEACE • Resource Speaker: • Atty. Adoracion P. Cruz-Avisado, PhD • Member Advocacy Commission (CEAP) • In-Charge of Peace/Mindanao Peace Issues

4. GENDER, JUSTICE and PEACE This session aims to discuss: • gender issues and concerns such as: • women’s human rights, • women in situation of violence and armed conflict and • gender equality • plus concerns on: • justice and peace that can be integrated in both academic and other school programs.

5. To be effective and efficient in our session, let’s distribute the 3 hours: • 2 hours INPUT • 1 hour Open Forum and discussion of Proposed Resolutions

6. So as we progress in our discussion please take note of what concerns can our session possibly raise to the plenary as our proposed resolutions to the CEAP National Board. • There are some proposed resolutions on the table but you might want to add some.

7. Schools and the academic community at large are called upon to participate in the Philippine government’s program in mainstreaming Gender and Development (GAD).

8. Schools and the academic community are likewise called upon to be involved in PEACE EDUCATION. • Our schools are supposedly ZONES of PEACE.

9. WITH THE PRESENT REALITIES or SITUATIONER IN THE PHILIPPINES WE CANNOT JUST DISCUSS ABOUT GENDER and PEACE without UNDERSTANDING THE DYNAMICS of the PHILIPPINE JUSTICE SYSTEM.

10. FOR GAD ADVOCATES, VIOLENCE AGAINST WOMEN and THEIR CHILDREN (VAWC) is the HIGHEST FORM OF HUMAN RIGHTS VIOLATIONS IN OUR COUNTRY TODAY.

11. Domestic Violence does not only impact the families but it affects the communities and the nation at large because some children of dysfunctional families may end up to be CICL (children in conflict with laws).

12. REPUBLIC ACT 9262 or the ANTI-VIOLENCE AGAINST WOMEN and THEIR CHILDREN ACT (AVAWCA) of 2004 provides 4 types of violence or abuses: • Physical Abuse • Sexual Abuse • Psychological Abuse • Economic Abuse

13. Six (6) out of Ten Filipino Families experience any or all of the 4 kinds of abuses.

14. As mentioned earlier, in families where Domestic Violence exists children become AT RISK and could end up to be children in conflict with law (CICL). • That is the new term for the so-called Juvenile Delinquents or Youthful Offenders under Republic Act 9344, the Juvenile Justice and Welfare Act of 2006

15. There are situations that you might encounter in your schools where you can spot or identify children at risk of becoming CICL or children who can be victims of sexual molestation or abuse including situations of RAPE INCEST.

16. How can our schools be of help in situations like these? • Are teachers trained to spot/identify children at risk of becoming CICL? • Are teachers trained how to spot/identify VAWC victims? • Do schools provide support groups and counseling?

17. Do schools have programs on Family Violence Prevention? • Do schools have programs on Justice and Healing: • of both doers of violence unable to handle their anger or emotions? and/or • Traumatized victims?

18. Don’t you think that it is important for schools to be involved in Family Violence Prevention Programs and Justice and Healing because of the reality that the Philippine JUSTICE SYSTEM IS NOT able to effectively enforce, implement, observe or comply with many of our beautiful laws?

19. Components of the Legal System Figure 4. Shows the Components of the Legal System namely: Substance, Structure and Culture (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 51) Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

20. Substance: What the law says = • Laws • Constitutions • Rules • Regulations, Etc. Substance: Figure 5. Substance (Source:Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 51) Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

21. Structure: How the law is applied = • Courts • Law Enforcement • Administrative Agencies, etc. Structure: Figure 6. Structure (Source:Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 52) Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

22. Law Enforcement B J M P PAO & Public Courts DSWD & CSSDO Prosecution Defenders Correction & Rehabilitation Community PILLARS OF THE PHILIPPINE JUSTICE SYSTEM Figure 7. Eight (8) Pillars of the Criminal Justice System (Concept from TJI, 2004) (Source:Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 52)

23. Culture: How people regard the law = Shared attitudes and behaviors toward the law Culture: Figure 8. Culture (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 53) Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

24. Figure 10. Components of the Legal System (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 55) Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

25. If the location of the problem is analyzed to be in: what the law says the structures of law enforcement attitudes and behaviors of people The strategy will tend to emphasize: changing, abolishing or creating new laws and policies engaging, using challenging institutions enabling, empowering, educating, challenging people Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

26. Policy Trail • UDHR • UNCEDAW • 1987 Philippine Constitution • RA 7192(Women in Nation Building Law) • RA 7877(Anti-Sexual Harassment Law)

27. Beijing 12 Platform for Action for Women • RA 8353(Anti-Rape Law) • RA 8505(Rape Victims Assistance and Protection Law) • RA 9208(Anti-Trafficking in Persons Act of 2003)

28. RA 9262(Anti-Violence Against Women and Their Children Act of 2004) • E.O. 273 • DBM, NEDA, NCRFW Joint Circular 2004-1 • RA 9344 (Juvenile Justice and Welfare Act of 2006) • RA 9710 (Magna Carta of Women)

29. Let us have a brief review of the Laws or the Substance portion of the Legal Components and how the Structures and Culture impact on the laws.

30. UDHR preamble states: Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

31. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of (hu)mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

32. Whereas it is essential, if (hu)man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, ---

33. We are aware of the long drawn peace negotiation between the Philippine government and the NDF as well as the PH and the MILF

34. Unless we arrive at the much needed peace especially here in Mindanao many people, many women, many children are caught in situations of armed conflict and cannot live normal lives.

35. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

36. Our government committed to the Universal Declaration of Human Rights passed by the United Nations in 1948.

37. Article 1.All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood/ sisterhood.

38. Article 7.All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

39. Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

40. Article 27. 1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

41. UNCEDAW • Article 1. For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

42. Article 2.States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

43. To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

44. xxx • xxx • xxx • To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

45. To repeal all national penal provisions which constitute discrimination against women.

46. Article 6. States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

47. Article 5. States Parties shall take all appropriate measures: • To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

48. 1987 Philippine Constitution provides under Article II. Declaration of Principles and State Policies • Section 10. The State shall promote social justice in all phases of national development.

49. Section 11. The State values the dignity of every human person and guarantees full respect for human rights. • Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

50. On August 4, 1988, the Family Code of the Philippines took effect.