d) Ensure the free and prior informed consent of
women in all matters and processes that affect them.
indigenous
B. General Recommendation Number 33 : Access to Justice
The Philippine report describes available legal remedies instituted in cases of
VAW (Para 46). On the ground, however, justice is still elusive to indigenous
women and girls. Of the 185 cases mentioned above, 25.95 % have not been
reported where victims resort to seeking refuge with their families and leaving
their fate to the “Creator” (religious reference).
From the documentation of VAW under the UNFGE-supported project, several
mechanisms are sought to seek justice for the victims. There are 11.89 % of the
VAW cases referred to the Katarungang Pambarangay or the Barangay Justice
System15 while 9.73 % are reported and settled through the customary justice
system16. Close to five percent (4.86) or 9 cases are filed in court with one
perpetrator sentenced to jail. In labor-related cases, the government agency for
overseas workers and non-government organization working for migrant Filipino
workers have been instrumental in facilitating formal complaints and providing
the necessary aid. It is notable that only 4 or 2.16 % of the cases are reported to
the police and there are 4 instances when the community confronted the state’s
armed forces for the violations committed against their collective rights.
Legal pluralism provides options for access to justice in relation to violence
against indigenous women. Indigenous peoples, including women in cases of
VAW, have the options to refer their plight to the legal or traditional justice
systems, or use one if the other fails. Often, the legal system is shunned
because of the cost, stigma/double victimization, length
and
lack of
understanding of the process by the victims. On top of these is the lack of
confidence in the complicated process which does not guarantee that justice is
obtained. On the other hand, traditional justice systems, which vary from one
community to another, are resorted to for being more direct and fast and its
process and structure fully understood by the victim. This is true in communities
where indigenous systems are still strong. Given the influence of patriarchy on
15
Republic
Act
7160
or
the
Local
Government
Code
decentralized
to
the
barangay,
the
basic
political
unit
of
the
country,
the
mandate
to
enforce
peace
and
order.
It
also
empowers
the
barangays
to
settle
disputes
through
the
barangay
heads
and
barangay
peace
council
in
order
to
ensure
the
effective
enforcement
of
human
rights
and
justice.
The
barangay
justice
system
aims
to
decongest
the
judicial
courts
at
the
same
time
to
cater
closely
to
the
needs
of
the
marginalized
or
the
grassroots
with
least
cost
and
faster
delivery
of
justice.
16
Justice
mechanism
among
indigenous
communities
which
is
not
codified
and
varies
in
its
methodologies
and
structures
in
indigenous
communities.
It
is
recognized
through
the
IPRA
but
is
discouraged
to
resolved
cases
that
are
considered
heinous
under
the
penal
code
of
the
country,
including
rape.)
13