CEDAW/C/SR.1405
processes affecting them and the rights, customs and traditions of local communities,
including indigenous peoples.
22.
The National Commission for Indigenous Peoples had signed a memorandum of
understanding with the Armed Forces of the Philippines, under which both parties were to
cooperate in examining any issues or concerns arising from the military presence in
communities where mining or other extractive activities were taking place. The
Commission had also set up a mechanism to coordinate inter-agency efforts to deal with
violations of indigenous peoples’ rights, including those committed by non-State actors. A
coordinating committee tasked with overseeing dialogue between all mining industry
stakeholders, reviewing all laws, regulations and agreements relating to the mining sector
and making relevant recommendations to the Government had also been set up.
23.
Ms. Pajarito (Philippines) said that, in the Philippines, national law prevailed over
international law in cases of conflict between them. While the Government respected the
customary laws of indigenous peoples and the Code of Muslim Personal Laws, it was also
mindful of the need to fulfil its obligations under the Convention. To that end, it conducted
dialogues and campaigns to raise the awareness of Muslim and indigenous leaders of
women’s rights and continued to review customary laws that discriminated against women.
24.
Pursuant to a directive of the Supreme Court in 2004 authorizing the recruitment of
sign-language interpreters to assist deaf persons during court proceedings, an increasing
number of courts were now providing sign-language interpretation services. A bill requiring
quasi-judicial bodies and tribunals to ensure the availability of those services in all
proceedings involving deaf persons had been approved by Congress and was awaiting the
signature of the President. The Department of Justice dispensed gender and disability
awareness training with a view to improving the services and protection provided to women
with disabilities.
25.
Persons whose rights had been violated could seek a judicial remedy and/or claim
compensation under existing laws and procedures without prejudice to the applicable
statute of limitations. With respect to the question raised concerning communication No.
18/2009, it was regrettable that Karen Vertido had failed to avail herself of the legal
remedies available to her within the prescribed period of time. However, the Government
would explore the possibility of drafting a bill to address the Committee’s concerns over
the compensation payable to persons whose rights had been violated. The Government
would respond to the views of the Committee after inter-agency consultations were
complete.
26.
Under the aforementioned bill to amend the Anti-Rape Law, the existing definition
of rape would be changed to give greater prominence to lack of consent and the
requirement for force or violence to be an element of the crime and for proof of penetration
to be provided would be removed. Furthermore, the age limit for statutory rape would be
raised. The Government continued to provide gender sensitivity training to judges,
prosecutors and judicial officers on sexual violence and medical care and legal services to
victims of such violence, including persons with disabilities.
27.
Several rape crisis centres had been set up to provide rape victims with legal
assistance, counselling and medical care. The Commission on Human Rights, which served
as the Gender Ombud, also provided legal assistance to women whose human rights had
been violated. The Public Attorney’s Office provided indigenous women with legal
representation free of charge in criminal, civil, labour and administrative proceedings.
Indigenous women could also obtain legal assistance through the Indigenous Peoples Legal
Assistance Fund.
GE.16-11608
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