PNoy’s Administration Is Obligated to Uphold Reproductive Rights by Clara Rita A. Padilla

Manila, September 30, 2010 – “There should not be any dialogue by PNoy with the Catholic groups since such act violates our constitutional guarantees on separation of church and state and non-establishment of religion. The Catholic church must not be allowed to impose their religious beliefs on governance and the creation and implementation of laws. Instead the government should actively implement the Magna Carta of Women which requires access to family planning methods. The denial of access to family planning information, supplies, and services impacts poor, rural, indigenous women, women in ARMM and adolescent women disproportionately,” said Attorney Clara Rita A. Padilla, Executive Director of EnGendeRights.

In 2006, the Committee on Elimination of Discrimination against Women (CEDAW Committee), the committee tasked to monitor the implementation in the Philippines of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), recommended to the Philippines to “to strengthen measures aimed at the prevention of unwanted pregnancies, including by making a comprehensive range of contraceptives more widely available and without any restriction and by increasing knowledge and awareness about family planning.” [1]

The Committee on Economic, Social, and Cultural Rights (CESCR Committee), the committee tasked to monitor the implementation in the Philippines of the International Covenant on Economic, Social and Cultural Rights Rights (ICESCR),_ expressed concern in its 2008 Concluding Observations on the Philippines on the “inadequate reproductive health services and information, the low rates of contraceptive use and the difficulties in obtaining access to artificial methods of contraception, which contribute to the high rates of teenage pregnancies and maternal deaths” in the country. [2] The CESCR Committee urged it to “adopt all appropriate measures to protect the sexual and reproductive rights of women and girls, inter alia, through measures to reduce maternal and infant mortality and to facilitate access to sexual and reproductive health services, including access to family planning, and information.”[3]

In its 2009 Concluding Observations on the Philippines, the Committee on the Rights of the Child (CRC Committee), the committee tasked to monitor the implementation in the Philippines of the Convention on the Rights of the Child (CRC),_expressed serious concern on “the inadequate reproductive health services and information, the low rates of contraceptive use (36 per cent of women relied on modern family planning methods in 2006) and the difficulties in obtaining access to artificial methods of contraception, which contribute to the high rates of teenage pregnancies and maternal deaths.”[4]

In July 13, 2010, the Task Force CEDAW Inquiry together with international non-governmental organizations submitted their Fourth Supplement to their Request for Inquiry to the CEDAW Committee requesting the CEDAW Committee to visit the Philippines to conduct an on-site visit to investigate the reproductive rights violations in relation to the Manila City Executive Order 003 Series of 2000 (EO 003) [5] which effectively bans Manila City-run hospitals and clinics from providing modern contraceptives such as pills, condoms, IUDs and surgical methods such as ligation.

The submission mentions recent violations where the Manila Social Hygiene Clinic under the Office of Mayor Lim did not distribute condoms during the May 2010 election campaign period thereby reducing its effectiveness as an institution in curbing HIV infections. It also mentions July 2010 evidence of the continued ban on modern contraceptives contrary to the claims of the Office of Mayor Lim that they are not implementing the EO.

The July 2010 evidence gathered by EnGendeRights staff includes the following:

I. INFORMATION PROVIDED BY HEALTH CARE PROVIDERS CONFIRMING THE SOLE PROVISION OF NATURAL FAMILY PLANNING IN MANILA CITY HOSPITALS AND HEALTH CENTERS

• Manila City-operated hospitals continue to deny information and services regarding modern contraceptives. They currently only provide counseling on natural family planning. Individuals who have visited hospitals and health centers in Manila City have confirmed that there were unable to locate any printed materials on modern contraception.[6]

• A representative of Gat Andres Bonifacio Memorial Medical Center confirmed that “Wala kaming ganyan kasi pro-life kami. Di namin ginagawa ang ligation, ang IUD meron yan sa health centers samantalang ang injectables available sa private lang.” (We don’t have [modern contraceptives] because we are pro-life. We don’t perform ligation while IUDs are available at the health centers and injectables are available at private clinics). [7]

• A high-ranking officer of Gat Andres Bonifacio Hospital has confirmed that he believes that community health centers should be responsible for providing counseling on family planning. He further confirmed that his hospital will not provide family planning information and services until the Manila City Health Department issues a memorandum ordering them to do so. [8]

• A health provider at Ospital Ng Sampaloc who asked to not be identified has confirmed that “wala kaming IUD at injectables dito sa ospital. Dapat magpunta na lang kayo sa private clinics.” (We don’t have IUDs and injectables at the hospital. You should go to private clinics).[9]

• A representative of Ospital Ng Tondo confirmed that “dati na kaming walang ganyang serbisyo kasi pro-life ang Ospital ng Tondo. Yung contraceptives sa centers lang yan meron tulad ng pills at IUD at injectables sa private meron talaga.” (We don’t provide modern family planning services because Ospital ng Tondo is pro-life. You can get pills and IUDs at the centers while injectables are available at private clinics).[10]

• A high-ranking official of Ospital ng Tondo has confirmed that the hospital does not provide information and services on family planning because they believe this service should be provided by community health centers.[11]

• A representative of Ospital Ng Maynila who did not identify herself confirmed that “walang ligation, IUD at injectables kasi pro-life kami.” (There’s no ligation, IUDs and injectables because we are pro-life). [12]

• When a health provider at the Tondo Foreshore Health Center was asked about what kind of family planning services the health center provided and she responded that “wala ako sa pusisyon . . . . Kung nais daw ng direktang sagot ay sa Manila City Hall daw magtanong.” (I’m not in a position . . . . if you want a direct answer, ask the Manila City Hall).[13]

• A health provider at the Tondo Foreshore Health Center and Lying-In Clinic has confirmed that the health centers are only providing counseling on natural family planning (one-on-one counseling held every Tuesday and Thursday afternoon). She further confirmed that initially women would be interested in natural family planning, however, not one woman continued the program after they were asked to return to the health center after a one-month abstinence period. She admitted that the natural family planning is complicated for women who visit their center. [14]

• A health provider at Barrio Fugoso Health Center and Lying-in Clinic, has stated that “pro-life kasi kami mula pa nung kay Atienza, wala din kaming available supplies na mga contraceptives dito sa amin.” (We’re pro-life ever since the time of Atienza and we don’t have contraceptive supplies available here).[15]

• A health provider at the Fugoso Health Clinic in Tondo, Manila has refused to answer questions regarding family planning. She claims that the hospital would be liable to the Manila City Health Department if she responded to the question. She then conceded that the clinic only provided information on natural family planning.[16]

• A health provider of Juan Posadas Health Center in Tondo, Manila, has confirmed that the Center only provides information on natural family planning since Lito Atienza’s mayorship, and that there has been no change in policy since Mayor Alfredo Lim was elected Mayor for two consecutive terms.[17]

II. INFORMATION PROVIDED BY MANILA CITY HEALTH DEPARTMENT PERSONNEL CONFIRMING THE SOLE PROVISION OF NATURAL FAMILY PLANNING

• A staff member of the Manila Health Department has confirmed that “wala po kaming ganyan dahil natural family planning po ang aming advocacy.” (We don’t have that because our advocacy is on natural family planning (NFP)).18]

• A high-ranking official of the Maternal Health and Childcare Unit of the Manila City Health Office (CHO) has confirmed that the CHO only provides counseling for natural family planning. The CHO does not provide information on modern contraceptives such as condoms, pills, etc. She believes that couples can choose their method of contraception, but that the City government will not spend public money to buy contraceptive supplies, as ordered by the Manila City Mayor. She also believes that the Mayor has no intention of reversing EO 003 because he did not reverse it during his 2007-2010 term. Finally, she confirmed that women who decide to undergo ligation must go to other hospitals to obtain this service. The Manila City government cannot do anything if the hospitals do not provide ligation services for free. [19]
• Members of the EnGendeRights team who visited the CHO confirmed that on the date of their visit there were no posters, flyers or informational materials on modern contraception and/or natural family planning. The only information they noted was a sign pointing to a room where counseling on natural family planning was being held.

The actual visit of the CEDAW Committee can only happen with the consent of the Philippine government. It is imperative that the government under PNoy’s administration consents to the visit to allow the CEDAW Committee to investigate on the reproductive rights violations in the country. Allowing such an investigation in the country is a step towards its compliance with its obligations under the CEDAW Convention to eliminate discrimination against women. Allowing the visit is also in compliance with the Philippine obligations under the ICESCR and the CRC.

Until now, Manila Mayor Lim has not overturned EO 003 which was an executive order of Mayor Atienza. Atty. Padilla said, “The Office of PNoy has the power to review such restrictive and discriminatory policy. If PNoy truly wants to be a president for the Filipino people, he should overturn the policy and fully implement the Magna Carta of Women. This is one way of actually making a difference in the lives of our poor, rural, indigenous women, women in ARMM, and adolescent women.

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[1]August 25, 2006 Committee on the Elimination of Discrimination against Women Concluding Comments on the Philippines, para. 28 [2006 CEDAW Committee Concluding Comments].
[2]CESCR, Concluding Observations (2008) para. 31
[3]CESCR, Concluding Observations (2008) para. 31
[4]CRC, Concluding Observations (2009), para. 61.
[5]The Philippine-based Task Force CEDAW Inquiry led by EnGendeRights and WomenLead, the Center for Reproductive Rights and International Women’s Rights Action Watch, Asia-Pacific (IWRAW-AP), have submitted a total of four official requests for inquiry for consideration of the Committee on the Elimination of Discrimination against Women (CEDAW Committee) to investigate discrimination and other treaty violations resulting from the EO.
The initial request for inquiry, dated June 2, 2008, asserted that the EO violates Articles 2, 3, 5, 10, 11, 12, and 16, and that the state is responsible for such violations. The subsequent requests, also sent by the Task Force CEDAW Inquiry, dated October 27, 2008, April 22, 2009 and July 13, 2010, highlight further violations by the Philippine government. In addition, the subsequent requests for inquiry discuss the controversial Reproductive Health Bill, which present Manila Mayor Alfredo Lim does not support.
The Philippine-based Task Force CEDAW Inquiry consists of twenty members: EnGendeRights (co-convenor; see http://www.engenderights.org), WomenLEAD (co-convenor); Alternative Law Groups (ALG); Democratic Socialist Women of the Philippines (DSWP); Family Planning Organization of the Philippines (FPOP); Health Action Information Network (HAIN); Health & Development Initiatives Institute, Inc. (HDII); Institute for Social Studies and Action, Philippines (ISSA); Kapisanan ng mga Kamag-anak ng Migranteng Manggagawang Pilipino, Inc (KAKAMMPI); MAKALAYA; Philippine Legislators' Committee on Population and Development (PLCPD); Philippine NGO Council on Population, Health and Welfare, Inc., (PNGOC); Population Services Pilipinas, Inc. (PSPI); Sentro ng Alternatibong Lingap Panlegal/Alternative Legal Assistance Center (SALIGAN-ALAC); Save the Children USA-Philippines Country Office; The Forum for Family Planning and Development, Inc.; Woman Health Philippines; Women’s Crisis Center; Women’s Legal Bureau (WLB); Women’s Media Circle Foundation, Inc.
[6]Telephone interview conducted by EnGendeRights staff on July 1, 2010; Personal visits conducted by EnGendeRights staff on July 5 and 7..
[7]Telephone interview conducted by EnGendeRights staff on July 1, 2010.
[8]Personal Interview conducted by EnGendeRights staff on July 5, 2010.
[9]Telephone interview conducted by EnGendeRights staff on July 1, 2010.
[10]Telephone interview conducted by EnGendeRights staff on July 1, 2010.
[11]Personal interview conducted by EnGendeRights staff on July 5, 2010.
[12]Telephone interview conducted by EnGendeRights staff on July 1, 2010.
[13]Telephone interview conducted by EnGendeRights staff on July 2, 2010.
[14]Personal interview conducted by EnGendeRights staff at the Tondo Foreshore Health Center and Lying-In Clinic on July 7, 2010.
[15]Telephone interview conducted by EnGendeRights staff on July 2, 2010.
[16]Personal Interview conducted by EnGendeRights staff on July 5, 2010.
[17]Personal Interview conducted by EnGendeRights staff on July 5, 2010.
[18]Telephone interview conducted by EnGendeRights staff on July 2, 2010.
[19]Personal interview conducted by EnGendeRights staff at the Maternal Health and Childcare Unit, Manila City Health Office on July 6, 2010.