Another provision that pertains to the oversight function of Congress that has not been implemented is Section 40, which provides that the Philippine Commission on Women, in coordination with state agencies and the Commission on Human Rights, shall submit regular reports every three years to Congress on the progress of implementing the law, highlighting its impact on the status and rights of women and that the second report shall include an assessment of the law’s effectiveness and recommendations to improve its provisions. RECOMMENDATIONS Considering that the Magna Carta of Women is the framework law on women’s human rights in the Philippines, there are no discriminatory provisions found in this law. There is a need, however, to revise or amend provisions of the law to specify a time frame for completion or a quota for the following: • Article IV Section 12 (D), which directs all barangays to establish a Violence Against Women Desk. • Article IV Section 14, Participation and Representation, Letter (B), which directs that in all levels of development planning and program implementation, at least 40 percent of membership of all development councils from the regional, provincial, city, municipal and barangay levels shall be composed of women. • Article IV Section 18, Women in the Military, Police and Other Similar Services, Letter (B), which provides for an increase in the quota to 20 percent for female admission into all officer-candidate and non-officer schools and institutions in the military, police and similar services, including but not limited to the Philippine Military Academy, Officer Candidate School, Philippine National Police Academy and Philippine Public Safety College. Also, the following recommendations are added in relation to other laws impacting the full implementation of the Magna Carta of Women: Repeal the remaining discriminatory laws as indicated in the Magna Carta of Women (see also succeeding sections discussing said laws). Propose a new law protecting against violence and discrimination based on sexual orientation and gender identity.
Guarantee of basic human rights and fundamental freedoms The laws reviewed under this section cover the rights of witnesses, and persons arrested, detained or under custodial investigation as well as victims of human rights violations. These laws, however, do not have specific provisions for women such as care responsibilities; health (including mental and reproductive health) and hygiene needs; legal aid; interpretation and translation; and protection from all forms of harassment, exploitation, abuse and violence, among others. Furthermore, it is proposed that a new law be passed covering not just reparations, but in consideration of the larger transitional justice responses to all types of atrocities and systemic abuses against women and the marginalized (indigenous peoples, indigenous cultural communities, internally displaced populations, among others). 2. Republic Act No. 6981 (Witness Protection, Security and Benefit Act) The Witness Protection, Security and Benefit Act directs the Department of Justice to implement a program covering this law. The law proceeds to identify who may be admitted to the program and the benefits, rights and responsibilities of persons under this program. The law and the implementing rules and regulations, adopted by the Department of Justice in 1991, are all written in a gender-neutral manner. To be covered by the program, an individual agrees to sign an agreement where the terms are spelled out in confidentiality. The benefits include provision of housing; security of livelihood or employment while on witness duty; relocation or change of identity when needed; financial, travel and subsistence allowance, medical and other forms of assistance such as burial benefits and scholarships for dependent children in case of death or permanent incapacity. It does not have provisions to include legal aid as well as psychological or counseling support before, during and after being in the program. Although the law penalizes harassment of witnesses, it does not explicitly prohibit sexual harassment and other forms of gender-based exploitation, abuse and violence against female and child witnesses while under the program. The law also does not provide guidelines for dealing with witnesses who may have differentiated needs
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