United Nations
Convention on the Elimination
of All Forms of Discrimination
against Women
CEDAW/C/PHL/CO/7-8
Distr.: General
25 July 2016
Original: English
Committee on the Elimination of Discrimination
against Women
Concluding observations on the combined seventh and
eighth periodic reports of the Philippines*
1.
The Committee considered the combined seventh and eighth periodic reports
of the Philippines (CEDAW/C/PHL/7-8) at its 1405th and 1406th meetings, on
5 July 2016 (see CEDAW/C/SR.1405 and 1406). The Committees list of issues and
questions is contained in CEDAW/C/PHL/Q/7-8 and the responses of the
Philippines are contained in CEDAW/C/PHL/Q/7-8/Add.1.
A.
Introduction
2.
The Committee appreciates the submission by the State party of its combined
seventh and eighth periodic reports. It also appreciates the State partys written
replies to the list of issues and questions raised by the pre -sessional working group
and welcomes the constructive engagement of and oral presentation by the
delegation, in addition to the further clarifications provided in response to the
questions posed orally by the Committee during the dialogue.
3.
The Committee commends the State party on its multisectoral delegation,
which was co-headed by the Permanent Representative of the Philippines to the
United Nations Office and other international organizations in Geneva, Cecilia B.
Rebong, and by Foreign Affairs Adviser, Rosario Manalo. The delegation also
included representatives of the Philippine Commission on Women, the Department
of Health, the Department of Social Welfare and Development, the Department of
Justice, the Department of Foreign Affairs, the Department of Labour and
Employment, the Regional Commission on Bangsamoro Women, the Philippine
Overseas Employment Administration, the National Commission for Indigenous
Peoples, the Commission on Higher Education and the National Economic and
Development Authority, together with the representative of t he Philippines to the
Association of Southeast Asian Nations (ASEAN) Commission on the Promotion
and Protection of the Rights of Women and Children.
* Adopted by the Committee at its sixty-fourth session (4-22 July 2016).
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B.
Positive aspects
4.
The Committee welcomes the progress achieved since its consideration in
2006 of the State partys combined fifth and sixth periodic reports
(CEDAW/C/PHI/5-6) in undertaking legislative reforms, in particular the adoption
of the following legislation:
(a) Expanded Anti-Trafficking in Persons Act of 2012 (Republic Act
No. 10364), in 2013;
(b)
Domestic Workers Act (Republic Act No. 10361), in 2013;
(c) Responsible Parenthood and Reproductive Health Act (Republic Act
No. 10354), in 2012;
(d)
Magna Carta of Women (Republic Act No. 9710), in 2009.
5.
The Committee welcomes the State partys efforts to improve its institutional
and policy framework aimed at accelerating the elimination of discrimination
against women and promoting gender equality, including the following:
(a) Adoption of the womens empowerment, development and gender
equality plan, covering the period 2013-2016;
(b) Adoption of the national action plan on women and peace and security,
covering the period 2010-2016, aimed at the implementation of Security Council
resolutions 1325 (2000) and 1820 (2008);
(c) Establishment of the Philippine Commission on Women with a mandate
to advance the womens priority legislative agenda and monitor the implementation
of the womens empowerment, development and gender equality p lan;
(d)
Designation of the Commission on Human Rights as the Gender Ombud.
6.
The Committee welcomes the fact that, in the period since the consideration of
the previous report, the State party has ratified the Domestic Workers Convention,
2011 (No. 189), of the International Labour Organization (ILO).
C.
Principal areas of concern and recommendations
Congress
7.
The Committee stresses the crucial role of the legislative power in
ensuring the full implementation of the Convention (see the statement by the
Committee on its relationship with parliamentarians, adopted at the forty -fifth
session, in 2010). It invites Congress, in line with its mandate, to take the
necessary steps regarding the implementation of the present concluding
observations between now and the next reporting period under the Convention.
General context
8.
The Committee notes with appreciation that the State party has made
considerable progress towards achieving gender equality, reflected in its seventh place ranking in the Global Gender Gap Index in 2015, and towards achieving
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Millennium Development Goal 3 on gender equality. The Committee notes that the
State party achieved significant economic growth during the period under review,
notwithstanding severe damage caused by a series of natural disasters, including
typhoons and earthquakes. The Committee also notes that the State party signed the
Comprehensive Agreement on the Bangsamoro, a temporary peace agreement with
the Moro Islamic Liberation Front, to put an end to a long-lasting armed conflict. In
addition, the State party has a large proportion of its population working abroad as
migrant workers, many of them women. The protection of the rights of women who
face multiple and intersecting forms of discrimination is als o a particular concern in
the State party.
9.
The Committee recommends that the State party further accelerate its
achievement of substantive gender equality and the full realization of human
rights for women, in particular by strengthening a gender-sensitive approach to
development, peace and security, transitional justice, migration, disaster risk
reduction, preparedness and response, and the mitigation of the negative
impacts of climate change, with special attention paid to women facing multiple
and intersecting forms of discrimination. The Committee also recommends that
the State party ensure the active and meaningful participation of women and
womens rights organizations in such processes.
Legislative framework
10. The Committee notes that the Constitution stipulates that generally accepted
principles of international law and treaties ratified by the State party form part of
the law of the land (CEDAW/C/PHL/7-8, para. 14). However, the Committee is
concerned that, in case of an irreconcilable conflict between treaty norms and
national laws, the latter would prevail, in line with the current jurisprudence of the
Supreme Court.
11. The Committee recommends that the State party clarify the status of the
Convention in its national legal order and ensure the precedence of its
provisions over national laws in cases of conflict. The Committee also
recommends that the State party ensure that such laws are applied and
interpreted in conformity with the provisions of the Convention.
12. The Committee welcomes the adoption of the Magna Carta of Women in 2009,
but notes that the harmonization of national legislation with the Magna Carta is still
pending, including amendments to the Family Code, the Revised Penal Co de of
1930, the Anti-Rape Law of 1997 (Republic Act No. 8353), the Anti-Sexual
Harassment Act of 1995 (Republic Act No. 7877) and the Code of Muslim Personal
Laws. The Committee is also concerned that the adoption of a number of bills
necessary for the implementation of the Convention, including a bill on divorce, a
bill on recognizing repeated abuse as a ground for legal separation, a bill expanding
the definition of sexual harassment and a bill for a magna carta of workers in the
informal economy, has been pending for a long time.
13. The Committee recommends that the State party strengthen its efforts for
the full and timely implementation of the womens priority legislative agenda,
in order to expedite the full harmonization of national legislation with the
Convention and the Magna Carta of Women, and that it establish effective
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mechanisms to monitor the implementation of these laws, with the participation
of womens organizations, at both the national and local levels.
Access to justice
14.
The Committee notes with concern:
(a) That no effective remedies have been provided to the authors of
communications No. 18/2008 (Vertido v. the Philippines) and No. 34/2011 (R.P.B. v.
the Philippines);
(b) That discriminatory gender stereotypes, stigmatization and the lack of
adequate support systems all pose barriers to justice and to effective remedies for
women, in particular those facing multiple forms of discrimination, such as women
in poverty, women with disabilities, indigenous and Muslim women, wome n living
in geographically inaccessible areas, and lesbian, bisexual and transgender women;
(c) That a number of judicial decisions, including decisions on sexual and
reproductive health rights and gender-based violence against women, are not fully
compliant with the provisions of the Convention;
(d) That judicial and legal procedures at courts, police stations and health care facilities are not sufficiently accessible to persons with disabilities and are
often gender-insensitive.
15. The Committee urges the State party to provide effective remedies to the
authors of communications No. 18/2008 (Vertido v. the Philippines) and
No. 34/2011 (R.P.B. v. the Philippines), in line with the recommendations issued
by the Committee (see CEDAW/C/46/D/18/2008 and CEDAW/C/57/D/34/2011),
and to submit its responses on these cases without any further delay.
16. With reference to its general recommendation No. 33 (2015) on womens
access to justice, the Committee recommends that the State party:
(a) Ensure that justice systems, both formal and informal, do not
discriminate against women and are secure, affordable and physically
accessible for women, including those who face intersecting forms of
discrimination, such as by institutionalizing accessibility for women with all
forms of disabilities, and raise awareness among women about all available
justice systems;
(b) Take measures, including the development of capacity-building
programmes for justice system personnel, in order to strengthen gender
responsiveness and gender sensitivity and ensure that the various religious,
customary and indigenous justice systems harmonize their norms, procedures
and practices with the Convention;
(c) Ensure that the justice system, including the transitional justice
system, provides and enforces remedies for women that are effective, gender sensitive and proportionate to the gravity of the harm suffered;
(d) Assess the functionality and effectiveness of women and children
protection desks at police stations, in consultation with all stakeholders,
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including women who are victims of violence and womens rights organizations,
in order to enhance the responsiveness of the desks.
National machinery for the advancement of women
17. The Committee commends the State party on its commitment to strengthening
the capacity of the Philippine Commission on Women in promoting gender equality
and gender mainstreaming in the State party. However, the current level of resources
available to the Commission is not sufficient for its mandate.
18. The Committee recommends that the State party provide the Philippine
Commission on Women with sufficient technical, human and financial
resources to discharge its mandate effectively.
National human rights institution
19. The Committee notes that the Commission on Human Rights is designated as
Gender Ombud and mandated with the promotion and protection of human rights for
women, including the investigation of complaints of discrimination and violations
of their rights. It is concerned, however, about the general lack of political will on
the part of government institutions to act promptly on the findings and resolutions
of the Commission regarding violations of the Magna Carta of Women.
20. The Committee recommends that the State party put in place mandatory
mechanisms that would protect and ensure the full independence of the
Commission and make its resolutions legally binding on government agen cies,
especially those responsible for imposing sanctions for violations of the Magna
Carta of Women.
Temporary special measures
21. The Committee notes with concern that several bills to implement temporary
special measures provided for in the Magna Carta of Women are still pending and
that there is no mechanism to monitor the implementation of such temporary special
measures and assess their impact.
22. With reference to its general recommendation No. 25 (2004) on temporary
special measures, the Committee recommends that the State party:
(a) Expedite the adoption of the pending bills referred to in paragraph
21 above to implement temporary special measures, including a statutory quota
for the representation of women as candidates in elections, in appointed
positions in the Government and among the beneficiaries of scholarships and
training opportunities for government officials;
(b) Implement those temporary special measures provided under
sections 11 (a) and (b) of the Magna Carta of Women that do not require
legislation for implementation, in particular in relation to womens
representation on development councils at all levels;
(c) Use temporary special measures to enhance substantive equality of
girls and women belonging to disadvantaged sections, including minority
groups and communities;
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(d) Institute a mechanism to monitor the impact of temporary special
measures taken, track trends over time and take necessary corrective measures,
including introducing sanctions for non-compliance, and provide in the next
report detailed information and an assessment of results achieved.
Stereotypes and harmful practices
23. The Committee welcomes the efforts made by the State party to remove
discriminatory gender stereotypes from teaching materials used in schools. It is
nevertheless concerned about persisting stereotypes regarding the roles and
responsibilities of women and men in the family and in society, as well as
derogatory statements and behaviour by high-level political figures with regard to
women and public acquiescence to such statements and behaviour.
24.
The Committee recommends that the State party:
(a) Put in place a comprehensive strategy with proactive and sustained
measures aimed at both women and men at all levels of society, including
political, traditional and religious leaders, to eliminate discriminatory
stereotypes about the roles and responsibilities of women and men in the family
and in society;
(b) Encourage the media to portray positive images of women and the
equal status of women and men in public and private life and to avoid gender
stereotypes in media coverage of gender-based violence against women;
(c) Fully implement the recommendations of the Commission on Human
Rights in its resolution on case No. 2016-078.
Gender-based violence against women
25. The Committee notes the legislation in place in the State party and the
comprehensive policy framework and inter-agency mechanisms to combat genderbased violence against women, but is concerned about:
(a) The high prevalence of gender-based violence against women and girls
and the low reporting of incidents of violence, in particular domestic violence and
sexual violence, due to stigmatization of and discrimination against victims;
(b) The limited scope of the Anti-Violence against Women and Their
Children Act of 2004 (Republic Act No. 9262), which is focused mainly on
domestic violence by intimate partners;
(c) The fact that statutory rape under the Anti-Rape Law of 1997 is limited
to cases in which the victim is under 12 years of age;
(d) The increasing incidence of online sexual exploitation and abuse of
children;
(e) Intensified gender-based violence against women, including by members
of the armed forces, such as killings and sexual violence and abuse in conflictaffected areas and in areas of large-scale development projects;
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(f) The lack of disaggregated data on gender-based violence against women
in the context of displacement, armed conflict, disaster, migration and trafficking
situations, as well as on gender-based violence against women with disabilities.
26.
The Committee recommends that the State party:
(a) Adopt comprehensive legislation on gender-based violence against
women covering all forms of violence;
(b) Expedite the amendment of the Anti-Rape Law of 1997, putting lack
of consent as the primary element of the definition of rape and raising the
minimum age of sexual consent, currently set too low at 12 years, to at least 16
years;
(c) Strengthen its response to online sexual exploitation and abuse of
children, including through the implementation of the statement of action by
Governments to tackle online child sexual exploitation, issued at the
#WePROTECT Children Online summit held in Abu Dhabi in 2015, and adopt
pending bills expanding the definition of sexual harassment to include peer
sexual harassment and cyberharassment;
(d) Prevent, investigate and punish all forms of gender-based violence,
in particular sexual violence perpetrated by State and non-State actors, apply a
zero-tolerance policy to combat impunity and provide necessary support to
women and girls who are at risk or victims of such violence, including during
times of armed conflict, in line with the Committees general recommendation
No. 30 (2013) on women in conflict prevention, conflict and post-conflict
situations;
(e) Address the root causes of the vulnerability of women and girls to
violence, including poverty, inequality in family relations, insecurity, and
discriminatory stereotypes;
(f) Systematically collect comprehensive and disaggregated data on
gender-based violence against women in displacement, armed conflict, disaster,
migration and trafficking situations, as well as on gender-based violence
against women with disabilities.
Trafficking and exploitation of prostitution
27. The Committee welcomes the efforts made by the State party to prevent and
combat trafficking in persons, in particular women and girls, including the adoption
of the Expanded Anti-Trafficking in Persons Act of 2012, which provides for more
severe penalties for traffickers and decriminalizes victims of trafficking, the
establishment of the Inter-Agency Council against Trafficking and the launch of the
Philippine Anti-Trafficking in Persons Database. Nevertheless, the Committee notes
with concern that the State party remains a source country for international and
internal trafficking, including for sexual exploitation, forced labour, domestic
servitude and organ transplantation. In this regard, the Committee is concerned:
(a) That the current legislative framework against trafficking in persons does
not explicitly cover contemporary methods, such as online matchmaking, which can
be used as a tool for trafficking in persons;
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(b) That prevention of trafficking remains weak, especially du ring and after
disasters and armed conflicts;
(c) That there is a lack of designated shelters for victims of trafficking and a
lack of support for their rehabilitation and reintegration.
28.
The Committee recommends that the State party:
(a)
of 2012;
Effectively implement the Expanded Anti-Trafficking in Persons Act
(b) Develop a legal framework to explicitly address contemporary
methods of trafficking, which make use of information and communications
technologies;
(c) Address the root causes of and womens vulnerability to trafficking,
in particular in the context of disasters, conflicts and displacements;
(d) Develop shelters specifically for victims of trafficking and ensure
that victims have access to assistance, rehabilitation and reintegration
programmes;
(e) Step up efforts aimed at bilateral, regional and international
cooperation to prevent trafficking, including by exchanging information and
harmonizing legal procedures to prosecute traffickers.
29. The Committee is concerned that a large number of women are subjected to
exploitation through prostitution in the State party and that women in prostitution
are criminalized under the Penal Code, while few efforts are being made to address
the demand side of prostitution.
30. The Committee recommends that the State party review the Penal Code to
decriminalize women in prostitution, adopt measures aimed at discouraging
male demand for prostitution, expedite the adoption of the pending
anti-prostitution bills, address the root causes of prostitution, provide women
with alternative income opportunities, and provide assistance, rehabilitation
and reintegration programmes for women and girls exploited in prostitution, in
addition to exit programmes for women wishing to leave prostitution.
Participation in political and public life
31. The Committee welcomes the increased representation of women in the
Government, the public service and the judiciary, including at the decision -making
level. The Committee also commends the State party on its adoption of the national
action plan on women and peace and security, which is aimed at implementing
Security Council resolutions 1325 (2000) and 1820 (2008), and the active
participation of women in peace and transitional justice processes. The Committee
remains concerned, however, about the underrepresentation of women from
vulnerable groups, such as indigenous and Muslim women, in all areas of political
and public life, and about the lack of information on the adoption of a political party
development act, which could mandate parties to apply quotas in the selection of
candidates.
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32. The Committee recommends that the State party continue its efforts to
achieve equal representation of women and men in political and public life. It
recommends, in particular, that the State party:
(a) Expedite the adoption of statutory quotas for the representation of
women on lists of candidates fielded by political parties for congressional
elections, with measurable benchmarks;
(b) Ensure diversity in the representation of women in legislative,
administrative and judicial bodies, including Muslim women, indigenous
women and women with disabilities;
(c) Adopt regional and local action plans in the Autonomous Region in
Muslim Mindanao to implement the national action plan on women and peace
and security, and ensure the full participation of Muslim and indigenous
women in political and public life at all levels in the Region.
Education
33. The Committee commends the State party on having achieved Millennium
Development Goal 2 on universal access to primary education and a higher literacy
rate for girls than boys in both basic and functional literacy, and on having
integrated sexual and reproductive health education into primary, secondary and
higher education. However, the Committee is concerned about:
(a) The lower number of girls enrolled in pre-primary and primary education
compared with boys and the lack of information on girls out of school;
(b) Gender segregation in higher education, with low enrolment of women
and girls in non-traditional fields of study such as science, technology, engineering,
mathematics and agriculture;
(c) The high incidence of sexual violence and sexual harassment against
girls in schools;
(d) The lack of operational guidelines and training for teachers on delivering
age-appropriate education on sexual and reproductive health and rights.
34.
The Committee recommends that the State party:
(a) Promote the enrolment of girls in pre-primary and primary
education;
(b) Analyse and address obstacles faced by girls who are not enrolled in
or who have dropped out of school, as a part of efforts to ensure that all girls
and boys complete primary and secondary education, including through the use
of temporary special measures for those belonging to minority communities;
(c) Enhance its efforts to overcome gender segregation in higher
education, with a view to increasing womens enrolment in non-traditional
fields of study such as science, technology, engineering, mathematics and
agriculture;
(d) Effectively investigate and prosecute cases of sexual violence and
harassment against girls in schools and adequately punish perpetrators, and
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ensure that the committees on decorum and investigation that are established
in schools and mandated to accept complaints of sexual harassment do not in
effect hinder the investigation and prosecution of perpetrators of sexual
violence and harassment at schools by formal criminal justice bodies;
(e) Develop operational guidelines for schools and provide training for
teachers in order to deliver high-quality, age-appropriate education on sexual
and reproductive health and rights for all girls and boys, including those with
disabilities.
Employment
35. The Committee welcomes the removal of the prohibition on night work for
women and the adoption of the Domestic Workers Act, but remains concerned
about:
(a)
Womens overrepresentation in the informal sector;
(b) Persistent occupational gender
concentrated in social and caregiving work;
segregation,
with
women
being
(c) The wide gender wage gap in the State party and the restrictive
interpretation of the principle of equal pay for work of equal value;
(d) Widespread sexual harassment in the workplace and the prevalence of
impunity.
36.
The Committee recommends that the State party:
(a) Intensify measures to increase the protection of human rights for
women working in the informal sector and efforts to facilitate the entry of
women workers into the formal sector, including through use of temporary
special measures for women belonging to minority groups;
(b) Eliminate horizontal and vertical gender segregation in the labour
market, including by adopting temporary special measures to promote access
for women to employment;
(c) Expedite the amendment of the Labour Code to expand the list of
prohibited acts of discrimination against women on account of sex and the
adoption of pending bills to expand the definition of sexual harassment to
include peer sexual harassment, and increase penalties for such crimes;
(d) Strengthen efforts to investigate and impose sanctions for sexual
harassment in the workplace, whether committed in the public or private
sector, in line with the Committees general recommendation No. 19 (1992) on
violence against women;
(e) Establish objective job evaluation schemes for the application of the
principle of equal pay for work of equal value in accordance with the
Convention and the Equal Remuneration Convention, 1951 (No. 100), of ILO.
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Women migrant workers
37. The Committee welcomes the adoption, in 2010, of the amended Migrant
Workers and Overseas Filipinos Act of 1995 (Republic Act No. 10022) to protect
migrant workers working in the State party. It is concerned, however, at the
widespread exploitation and abuse of Filipina migrant workers work ing abroad, in
particular as domestic workers, and the insufficient support provided to reintegrate
those who return. The Committee also notes that the protection of migrant workers
under ASEAN migration policies does not cover unskilled migrants, who cons titute
the majority of Filipina migrant workers.
38.
The Committee recommends that the State party:
(a) Enhance its efforts to effectively protect the rights of Filipina
migrant workers abroad, through bilateral agreements and memorandums of
understanding with countries and regions to which Filipinas migrate in search
of work;
(b) Strengthen the regulation and inspection of recruitment agencies for
migrant workers and the sanctions applicable in case of breaches of relevant
regulations;
(c) Continue its efforts to raise awareness among women migrant
workers about their rights, the risks that they may face and the channels that
they can use to seek remedies in case of violations of their rights, through
pre-departure briefings and public information campaigns;
(d) Investigate, prosecute and punish perpetrators of exploitation and
abuse of women migrant workers, in particular domestic workers, who are
under its jurisdiction;
(e) Provide gender-responsive support to returning women migrant
workers for their reintegration.
Health
39. The Committee notes that, in 2014, the Supreme Court recognized the
constitutionality of the Responsible Parenthood and Reproductive Health Act and
that the Act has subsequently entered into force. It also notes that some le gislation,
including local executive orders inconsistent with the Act, has been revoked by the
Act. The Committee is concerned, however, that womens access to sexual and
reproductive health services is still severely restricted and:
(a) That early pregnancies, unsafe abortions and HIV/AIDS infections are
increasing, in particular among adolescent girls;
(b) That there has been a lack of specific measures to implement the
recommendations
of
the
Committees
inquiry
conducted
in
2012
(CEDAW/C/OP.8/PHL/1), including with regard to access to modern contraceptives
and the legalization of abortion under certain circumstances;
(c) That the implementation of the Responsible Parenthood and
Reproductive Health Act has not been consistent throughout the State party, no
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mechanism to monitor its implementation has been established, and there have been
substantial cuts in the budget for this implementation;
(d) That the revocation of Executive Orders Nos. 003 and 030 of Manila
City has been implied by the adoption of the Responsible Parenthood and
Reproductive Health Act but has not been expressly declared, resulting in confusion
among health professionals and a persistent lack of access to services and
information about sexual and reproductive health and rights for women and girls in
Manila City;
(e) That Sorsogon City adopted Executive Order No. 3 in February 2015,
which resulted in the withdrawal of modern contraceptives from city and
community health facilities.
40. The Committee recommends that the State party fully implement, without
delay, all the recommendations issued by the Committee in 2015 in the report
on its inquiry (CEDAW/C/OP.8/PHL/1, paras. 49-52), including with regard to
access to modern contraceptives and the legalization of abortion under certain
circumstances.
Economic empowerment of women
41. The Committee welcomes the initiatives taken by the State party to develop a
social protection floor, but is concerned that women living in poverty in rural and
urban areas, in particular those working in the informal sector, lack access to social
security.
42. With reference to its general recommendations No. 16 (1991) on unpaid
women workers in rural and urban family enterprises and No. 34 (2016) on the
rights of rural women, the Committee recommends that the State party:
(a) Ensure that women engaged in unpaid work or in the informal
sector, both in rural and urban areas, have access to non-contributory social
protection and that those employed in the formal sector have access to
contributory social security benefits in their own right, irrespective of their
marital status;
(b) Adopt gender-responsive social protection floors to ensure that all
rural women have access to essential health care, childcare facilities and
income security, in line with article 14 (2) (b), (c) and (h) of the Convention and
the Social Protection Floors Recommendation, 2012 (No. 202), of ILO.
Rural women
43. The Committee is concerned that women living in rural areas are
disproportionately affected by poverty and by food and water insecurity as a result
of the discrimination that they face in relation to income, to access to land tenure, to
extension services and training, and to participation in decision -making. In
particular, the Committee is concerned that women benefit significantly less from
the outcome of agrarian reforms, depriving them of access to productive resources.
Furthermore, it is concerned that land appropriation and the resulting displacement
due to extractive industries, development projects and disasters continue to affect
rural women disproportionately.
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44. With reference to its general recommendation No. 34, the Committee
recommends that the State party:
(a) Ensure that rural women have access to adequate food, nutrition,
water and sanitation, taking into account international human rights standards
on such rights;
(b) Eliminate income discrimination against rural women as compared
with rural men, and improve rural working conditions by setting living wages,
with urgent attention paid to the informal sector;
(c) Ensure the integration and mainstreaming of a gender perspective
into all agricultural and rural development policies, strategies, plans and
programmes, enabling rural women to act and be visible as stakeholders,
decision makers and beneficiaries;
(d) Disseminate the text of the general recommendation in local
languages throughout municipalities with the aim of raising awareness about
its recommendations, especially among local non-governmental organizations.
Disadvantaged groups of women
45.
The Committee is concerned:
(a) That Muslim women, indigenous women, women with disabilities,
women migrant workers working and returning from abroad, internally displaced
persons and lesbian, bisexual and transgender women face a heightened risk of
violence, exploitation and abuse, as well as discrimination in political and public
life, marriage and family relations, employment, education, access to justice and
health care;
(b) That Muslim, indigenous and other women living in rural areas are
subjected to forced evictions and relocations as a result of large development
projects and extractive industries;
(c) That the provisions of the draft Bangsamoro basic law may undermine
the rights of indigenous peoples to ancestral lands and domains;
(d) That there have been alleged cases of extrajudicial killings of, and
gender-based violence against, women human rights defenders from indigenous
communities.
46.
The Committee recommends that the State party:
(a) Take measures to ensure equal rights, opportunities and protection
for women facing multiple and intersecting forms of discrimination, taking into
consideration the specific risks and particular needs of different groups and
ensuring the full and meaningful participation of women representing such
groups;
(b) Ensure that the policies, projects and practices relating to
development and land governance, including those that may entail relocation,
are fully in line with relevant international standards, including the basic
principles and guidelines on development-based evictions and displacement (see
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A/HRC/4/18, annex I), and that victims of forced eviction and relocation are
provided with effective remedies, including compensation, in a timely manner;
(c) Fully consult Muslim (Bangsamoro) and non-Muslim indigenous
communities in order to identify and implement innovative solutions to land
management that ensure womens rights in line with the rights of non -Muslim
indigenous peoples enshrined in the Indigenous Peoples Rights Act of 1997
(Republic Act No. 8371) and the United Nations Declaration on the Rights of
Indigenous Peoples, as well as with those of Bangsamoro communities;
(d) Investigate and prosecute all acts of violence against indigenous
women human rights defenders, provide effective remedies to the victims and
prevent the recurrence of such acts;
(e) Ensure the protection of internally displaced women from violence
and their effective access to social services and economic development.
Natural disasters and climate change
47. The Committee welcomes the fact that the legal and policy framework relevant
to natural disasters and climate change mainstreams gender -sensitive responses
across government agencies. It is concerned, however, that this framework has not
been effectively translated into practice.
48.
The Committee recommends that the State party:
(a) Consistently prioritize the protection of womens rights, in particular
protection from gender-based violence, in situation analyses, needs assessments
and interventions relating to disaster risk reduction, preparedness and
response to natural disasters, as well as in the mitigation of the negative
impacts of climate change;
(b) Ensure the full and meaningful participation of women, including
those who face multiple and intersecting forms of discrimination, in designing,
implementing and monitoring relevant legal and policy frameworks;
(c) Regularly assess the effectiveness of relevant legal and policy
frameworks in protecting womens rights with clear baselines and measurable
indicators, and provide information on the achievements made in the next
periodic report.
Marriage and family relations
49. The Committee welcomes the adoption of Republic Act No. 10655, which
decriminalizes premature marriage, namely, the remarriage of a woman during a
certain period following the death of her husband or t he dissolution of the marriage.
The Committee also notes the fatwa on model family in Islam, adopted in 2015,
which encourages Muslim young people to marry after 18 years of age and rejects
gender-based violence against women as being inconsistent with sharia. The
Committee is concerned, however, that inequality in marriage and family relations
continues to exist under the law and notes with particular concern:
(a) The delay in the adoption of a bill to repeal the provision of the Family
Code that grants a husbands decision supremacy over that of his wife with regard to
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community property, the exercise of parental authority and guardianship over a
child;
(b) The prohibition on divorce in the State party, except under the Code of
Muslim Personal Laws, and the costly and lengthy procedures for legal separation
and annulment, which may have the effect of compelling victims of sexual and
gender-based violence, especially those without resources, to remain in violent
relationships;
(c) The contradictions between the provisions of the Magna Carta of Women
and those of the Code of Muslim Personal Laws and customary laws applicable to
Muslim and indigenous communities, which provide for unequal relations between
husband and wife, including harmful practices such as polygamy and child and
forced marriage, as well as unequal practices with respect to inheritance.
50.
The Committee recommends that the State party:
(a) Expedite the harmonization of the Family Code and other laws on
marriage and family relations with the Convention and the Magna Carta of
Women and ensure the equality of women and men, both in marriage and upon
the dissolution of marriage, including by expediting the adoption of the long pending divorce bill and by taking into account the Committees general
recommendations No. 21 (1994) on equality in marriage and family relations
and No. 29 (2013) on the economic consequences of marriage, family relations
and their dissolution;
(b) Intensify its efforts to raise awareness about the Convention among
Muslim communities, including women, men and traditional and religious
leaders, in particular by disseminating information on good practices of other
Muslim countries with regard to the application of sharia in line with the
Convention;
(c) Harmonize the Code of Muslim Personal Laws and indigenous and
Muslim customary laws with the Convention and the Magna Carta of Women,
in particular by explicitly discouraging polygamy with a view to prohibiting it
and prohibiting child and forced marriage, through consultation with the
communities concerned and local womens rights organizations;
(d) Eliminate the root causes of child and forced marriage, including
poverty, conflicts and insecurity, as well as vulnerability to the impact of
natural disasters;
(e) Ensure the full participation of women in decision-making and
legislative processes at the national, local and community levels, including in
the codification and interpretation of religious norms or customs on marriage
and family relations.
Beijing Declaration and Platform for Action
51. The Committee calls upon the State party to use the Beijing Declaration
and Platform for Action in its efforts to implement the provisions of the
Convention.
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2030 Agenda for Sustainable Development
52. The Committee calls for the realization of substantive gender equality, in
accordance with the provisions of the Convention, throughout the process of
implementation of the 2030 Agenda for Sustainable Development.
Dissemination
53. The Committee requests the State party to ensure the timely
dissemination of the present concluding observations, in the official languages
of the State party, to the relevant State institutions at all levels (national,
regional and local), in particular to the Government, the ministries, the
parliament and the judiciary, to enable their full implementation.
Technical assistance
54. The Committee recommends that the State party link the implementation
of the Convention to its development efforts and that it avail itself of regional
or international technical assistance in this respect.
Ratification of other treaties
55. The Committee notes that the adherence of the State party to the nine
major international human rights instruments 1 would enhance the enjoyment
by women of their human rights and fundamental freedoms in all aspects of
life. The Committee therefore encourages the State party to consider ratifying
the International Convention for the Protection of All Persons from Enforc ed
Disappearance, to which it is not yet a party.
Follow-up to the concluding observations
56. The Committee requests the State party to provide, within two years,
written information on the steps taken to implement the recommendations
contained in paragraphs 26 (a) and (b) and paragraph 40 above.
Preparation of the next report
57. The Committee invites the State party to submit its ninth periodic report
in July 2020.
58. The Committee requests the State party to follow the harmonized
guidelines on reporting under the international human rights treaties,
including guidelines on a common core document and treaty-specific
documents (HRI/GEN/2/Rev.6, chap. I).
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The International Covenant on Economic, Social and Cultural Rights; the International Covena nt
on Civil and Political Rights; the International Convention on the Elimination of All Forms of
Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against
Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Convention on the Rights of the Child; the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families; the International
Convention for the Protection of All Persons from Enforced Disappearance; and the Convention
on the Rights of Persons with Disabilities.
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