EnGendeRights Submits its Summary of Women’s Concerns on the Philippines to the State Delegates at the Human Rights Council

by Clara Rita A. Padilla

April 7, 2008, Geneva--EnGendeRights, represented by Atty. Clara Rita A. Padilla, submitted a Summary of Women’s Concerns on the Philippines to the state delegates attending the ongoing Human Rights Council (HRC) First Universal Periodic Review (UPR).

This April 11, 2008, the HRC is reviewing the Philippine compliance of the major human rights treaties that it has ratified including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Civil and Political Rights Covenant, the Economic, Social and Cultural Rights Covenant, the Convention on the Rights of the Child, the Convention Against Torture, the Convention on Racial Discrimination, the Migrants Convention, and the Convention on the Rights of Persons with Disabilities . The HRC will also review the reports of special rapporteurs on the Philippines and the non-issuance of a "standing invitation" to the Special Rapporteurs. A standing invitation is an open invitation for the Rapporteurs to visit the Philippines.

The fact that the Philippines has not ratified the Rome Statute of the International Criminal Court, the Optional Protocol to the Convention on the Rights of Persons with Disabilities, and the International Convention for the Protection of All Persons from Enforced Disappearance will also be reviewed by the HRC.
Atty. Padilla stressed that, “The UPR is a very important process where any of the 192 Member States of the United Nations can engage the Philippine delegation to an interactive dialogue.”

The 16 countries currently under review during the first session of the UPR Working Group are Algeria, Argentina, Bahrain, Brazil, Czech Republic, Ecuador, Finland, India, Indonesia, Morocco, the Netherlands, the Philippines, Poland, South Africa, Tunisia, and United Kingdom.

Atty. Padilla said that, “The first day of the UPR was a success with many states parties seeking responses from Bahrain and Ecuador regarding issues relating to women in their countries.” On the review of Bahrain, Atty. Padilla said that, “Sweden was concerned about the rights of women vis-à-vis the Shari’a; Mauritania took particular attention to health issues and the rights of women; Slovenia stressed the removal of Bahrain’s reservations on CEDAW; Switzerland and Bangladesh raised the rights of women migrant workers; France expressed concern on forced marriages; Netherlands raised the importance of the issuance of a standing invitation for special procedures [to facilitate the visit of the different thematical Special Rapporteurs].”

On the review of Ecuador, Atty. Padilla said that, “Countries such as Venezuela, Bolivia, Ghana, Mexico, and Slovenia raised concern on indigenous peoples; Mexico also expressed concern on VAW and the health system; Slovenia and Bolivia raised the issue of migrant women; Slovenia was strong in expressing their concern on the torture of lesbian, gay, bisexual and transgender (LGBT) people and expressed their hope that measures will be taken to prevent torture against LGBTs. Slovenia also urged the recognition of gender identities of LGBTs and the use of the Yogyakarta Principles to uphold LGBT rights.”

In the EnGendeRights summary, issues including the lack access to information and reproductive health care services, discriminatory marriage laws, violence against women (VAW) including state-perpetrated VAW and sexual orientation were raised.

EnGendeRights raised the Philippine government curtailment of access to modern contraceptives with the Department of Health and the Population Commission only promoting “natural family planning.” EnGendeRights brought up the lack of access to sex education for adolescents and the high maternal mortality rate with 200 Filipino women dying for every 100,000 live births showing also a lack of access to basic and emergency obstetric care. EnGendeRights recommended for the government to make the full range of modern contraceptives available to women and the enactment of a national law and ordinances on Reproductive Health Care that ensure women’s and adolescent’s reproductive and sexual rights regardless of who is the head of the national and local governments.

EnGendeRights mentioned the lack of access to emergency contraceptives that prevent unwanted pregnancies. The government delisted Postinor, an emergency contraceptive, and continues to delist it despite the recommendation by the Special Committee to re-list it. The government also did not act on a December 2006 request to make levonorgestrel, an emergency contraceptive, available to women. EnGendeRights recommended for the government to make emergency contraception available to rape victims as part of routine emergency health care and to women, in general, to prevent unwanted pregnancies.

EnGendeRights raised the fact that women do not have access to safe and legal abortion despite statistics showing 473,000 women who induced abortions annually; 79,000 of these women were hospitalized for complications; and 800 women died (or 2 women died daily) due to complications. EnGendeRights brought up the issue that Philippine law penalizes women who undergo abortion without providing express exceptions on life, health, rape or fetal impairment. Having ratified CEDAW, EnGendeRights recommended that the government must fulfill its obligation to make abortion safe and legal.

EnGendeRights mentioned the fact that there is no absolute divorce or no-fault divorce in the Philippines; there is only nullity of marriage under Art. 36 of the Family Code; cases for nullity of marriage are costly and inaccessible to poor women and court decisions nullifying marriages are difficult to obtain because of varying judicial interpretations. EnGendeRights recommended that divorce must be made available to Filipino women.

EnGendeRights brought up the discriminatory provisions in the Muslim Code that allow polygamy, early marriage (at age 15), arranged marriages (females aged 12-14), the husband to choose the family residence, and the husband to deny permission to his wife’s profession or occupation. EnGendeRights recommended the repeal of discriminatory provisions in the Muslim Code.

EnGendeRights mentioned the discriminatory penal provisions on adultery and recommended the repeal of the criminal provisions on adultery and concubinage.

EnGendeRights raised the issue of violence against women that there are judges who refuse to issue Protection Orders or refuse to issue Contempt Orders for violations of Protections Orders issued under the Anti-Violence Against Women and Their Children Act. EnGendeRights also mentioned that there are many rape and sexual harassment cases dismissed in the Preliminary Investigation level and in the courts and the lack of definitive data on the number of rape and sexual harassment cases dismissed in the Preliminary Investigation and court levels. EnGendeRights recommended that there must be continuing legal education for members of the judiciary on gender-based violence including strict enforcement of Protection Orders and Contempt Orders under the Anti-Violence Against Women and Their Children Act and the importance of holding perpetrators liable for rape and sexual harassment to comply with its obligation to prevent, investigate, penalize and provide medical assistance to women victims of gender-based violence.

EnGendeRights also brought up the fact that there are women who were disappeared, raped, and tortured by the military (e.g., Sheryll Cadapan and Karen Empeńo) and yet they remain disappeared. EnGendeRights recommended that the executive and judicial branches of government must do everything to release these women to finally end the continuous torture and sexual abuse being committed against these victims.

EnGendeRights raised the issue that women exploited in prostitution are still penalized. EnGendeRights recommended that the penal provisions imposed on women exploited in prostitution must be repealed and that women exploited in prostitution must be provided with educational/skills training, financial assistance and counseling to open up opportunities for them.

EnGendeRights raised the lack of recognition of domestic partnerships or civil union for lesbians and the fact that lesbians suffer discrimination including discrimination in work and education environments. EnGendeRights recommended that there must be legal recognition of domestic partnerships or civil unions for lesbians; legal and judicial recognition of the right to custody of lesbian mothers whether their children be below seven or above seven; legal and judicial recognition of the right of lesbians and bisexual and transgender women to change their identity and name; and enactment of the proposed bill prohibiting discrimination against lesbians including discrimination against lesbians in work and education environments.

(Please see the attached Office of the High Commissioner for Human Rights’ Summary of Stakeholders’ Submissions to the UN Human Rights Universal Periodic Review and Compilation of Information of Jurisprudence of Treaty Bodies and Special Procedures on the Philippines. Copies of the full text of statements as well as audio files may be accessed at http://www.ohchr.org/english/bodies/hrcouncil and on the UPR extranet page).