CEDAW/C/SR.1405
relocation and violence as a result of development projects. She asked whether vulnerable
women received specific assistance from the Gender Ombud when reporting cases of
discrimination or violence, whether there were plans to employ sign language interpreters
in all legal facilities and what efforts had been made to guarantee access to justice,
particularly by addressing the stigma associated with and discrimination against women
with diverse sexual orientations, gender identities and expressions of gender.
15.
Ms. Verzosa (Philippines) said that, under the Women’s Priority Legislative
Agenda, a number of bills aimed at amending the Family Code had been put forward but
remained pending. A bill to amend the Anti-Rape Law had also been introduced. The bill
was intended, inter alia, to give greater prominence to the element of lack of consent in the
existing definition of rape and to remove the “forgiveness” clause from the Law. The
proposed amendments to the revised Penal Code concerned adultery and concubinage and
the possible harmonization or removal of the penalties carried by those offences. Despite
the fact that an anti-discrimination bill had not yet been passed, several bills to protect the
rights of persons with diverse sexual orientations and gender identities had been brought
before Congress. Moreover, at least 17 local governments had issued ordinances to protect
the rights of those persons. It was hoped that the aforementioned bills would be approved
by Congress in the near future.
16.
Ms. Mutin (Philippines) said that there was no conflict between the provisions of
the Code of Muslim Personal Laws, which governed marital relations, and those of the
Magna Carta of Women, as the Code recognized and preserved the cultural identity and
integrity of women, including indigenous women. Although the Code could be interpreted
by non-Muslims as being discriminatory towards women, Muslims considered it to be
based on and sanctioned by the Koran. On that basis, it was considered to prevail over
Philippine civil law.
17.
The proposal to amend the provisions of the Code of Muslim Personal Laws relating
to polygamy and early and forced marriages among Muslims was still under discussion.
Religious leaders in the Autonomous Region in Muslim Mindanao had endorsed a fatwa, or
formal legal opinion, on the model Muslim family, which covered early and forced
marriage, premarital counselling, comprehensive gender and health education for young
people and gender-based violence. The fatwa stated that young Muslims should only marry
when they had reached the required level of maturity. The generally accepted marriageable
age for Muslims was 20 for men and 18 for women.
19.
It was customary for Muslim women to approach a religious leader for assistance in
resolving disputes or conflicts. Another customary practice was for a representative of the
two parties to a dispute to meet and negotiate a mutually acceptable solution. In cases of
divorce, when all attempts at reconciliation between Muslim couples had failed, a mutual
agreement was drawn up, including a property settlement. Summary proceedings were
instituted when a case was brought before the formal courts. However, an arbitration
council comprising a court clerk and the representatives of the parties was formed prior to
the divorce proceeding. Muslim women therefore had access to justice through both the
customary and formal justice system.
21.
Ms. Dait-Cawed (Philippines) said that the Government guaranteed the security of
indigenous peoples living in areas where mining and other extractive activities took place
by issuing certificates and land titles recognizing their ancestral land rights. Indigenous
peoples could not be displaced from their ancestral lands if their free, prior and informed
consent had not been obtained. Mining and resource extraction companies had to be in
possession of an environmental compliance certificate and to have drawn up a social
development plan with the communities that would be affected by their activities before
they could be granted permission to operate in the Philippines. Those companies were also
required to respect the right of workers to participate in policymaking and decision-making
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