CEDAW/C/SR.1406
38.
Mr. Fos (Philippines), replying to the question raised about urban or rural dwellers
affected by development projects, said that the Urban Development and Housing Act
ensured the participation of the families concerned and provided for a consultation process,
social services, livelihood support, a relocation entitlement, an ample period of 30 days to
prepare for relocation and financial assistance. Families were moved either to alternative
relocation sites or to urban low-rise buildings and were supplied with water, power and
other basic services. Cash transfers were available for women, children, older persons, and
persons with disabilities. The National Housing Authority was carrying out programmes
that surpassed the provisions of the Urban Development and Housing Act, such as
programmes to build communities, train leaders and inculcate an understanding of gender
issues.
39.
Ms. Mutin (Philippines), turning to a question raised about sharia law and the
Magna Carta of Women, said that the Government of the Philippines acknowledged that the
Code of Muslim Personal Laws was outdated and that amendments must urgently be
introduced in such areas as polygamy and early and forced marriage, which violated
women’s rights. There were ongoing discussions between religious scholars and leaders,
representatives of progressive women’s groups and lawmakers about bringing the Code
before Congress for amendment. Furthermore, the Gender and Development Code of the
Autonomous Region of Muslim Mindanao contained a provision under which marriage to a
child under the age of 18 was discouraged, and the highest religious policymaking body in
the country had issued a fatwa on the model Islamic family that covered early and forced
marriage and polygamy.
40.
Ms. Sobritchea (Philippines) said that she would answer questions related to mining
on indigenous lands. The Government had taken a number of measures to maximize
benefits for the indigenous communities that chose to allow investors and mining
companies to operate on their lands. A strict procedure was followed. The Government
determined whether the area was suitable for mining and, when it gave its approval, the
participatory planning and consultation process began. The National Commission on
Indigenous Peoples then certified that the particular indigenous community was willing to
participate. The benefit was the payment of a royalty, which could be used to strengthen the
community economy. There were programmes to provide alternative livelihoods in the
event that traditional practices were interrupted by the mining industry. Women, in
particular, were closely involved in planning for alternative livelihoods.
41.
The political, social and cultural situation in indigenous areas presented an important
challenge, however. Indigenous communities were often not united; there was tension and
friction among the members. Sometimes more than one community shared the same land
area. Clan killing was a grave political problem in areas where indigenous communities
lived; there were also anti-Government groups posing challenges to the maintenance of law
and order. In addition, there had been extrajudicial killings of anti-mining activists. Those
were complex matters that varied from region to region. Mindanao, for instance, had its
own legal framework for dealing with extrajudicial killings.
42.
Ms. Villar (Philippines) said that, as a result of the many humanitarian emergencies
that had occurred over the recent decade, the Government had significant experience in
emergency response, disaster-risk reduction and climate change management. All initiatives
were designed to ensure that women and girls were the primary focus of disaster response;
woman- and child-friendly spaces were provided in evacuation centres and relocation sites
to provide specialized care for their needs during crises. The Magna Carta of Women
stipulated that women should be included in decision-making bodies on such matters as
environmental and natural resource management, climate change adaptation and disaster
response. In May 2016, President Aquino had signed the Children’s Emergency Relief and
Protection Act; the implementing regulations were currently being drafted.
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