AGAIN…

Welcome to the 2011 CEAP ANNUAL NATIONAL ANNUAL NATIONAL

CONVENTION CONVENTION Theme: “Building Culture of

Peace: Sharing the Vision, Living the Dream”

CONCURRENT SESSION

• On TOPIC:• GENDER, JUSTICE and PEACE• 9:00 am - 12:00 nn (with Open

Forum/Proposed Resolutions)• September 22, 2011• Garden Room, Apo View Hotel,

Davao City

GENDER, JUSTICE and PEACE

• Resource Speaker:

• Atty. Adoracion P. Cruz-Avisado, PhD

• Member Advocacy Commission (CEAP)

• In-Charge of Peace/Mindanao Peace Issues

GENDER, JUSTICE and PEACE

This session aims to discuss:• gender issues and concerns such as:

–women’s human rights, –women in situation of violence and

armed conflict and –gender equality –plus concerns on:

• justice and peace that can be integrated in both academic and other school programs.

• To be effective and efficient in our session, let’s distribute the 3 hours:

–2 hours INPUT

–1 hour Open Forum and discussion of Proposed Resolutions

• So as we progress in our discussion please take note of what concerns can our session possibly raise to the plenary as our proposed resolutions to the CEAP National Board.

• There are some proposed resolutions on the table but you might want to add some.

• Schools and the academic community at large are called upon to participate in the Philippine government’s program in mainstreaming Gender and Development (GAD).

• Schools and the academic community are likewise called upon to be involved in PEACE EDUCATION.

• Our schools are supposedly ZONES of PEACE.

• WITH THE PRESENT REALITIES or SITUATIONER IN THE PHILIPPINES WE CANNOT JUST DISCUSS ABOUT GENDER and PEACE without UNDERSTANDING THE DYNAMICS of the PHILIPPINE JUSTICE SYSTEM.

• FOR GAD ADVOCATES, VIOLENCE AGAINST WOMEN and THEIR CHILDREN (VAWC) is the HIGHEST FORM OF HUMAN RIGHTS VIOLATIONS IN OUR COUNTRY TODAY.

• Domestic Violence does not only impact the families but it affects the communities and the nation at large because some children of dysfunctional families may end up to be CICL (children in conflict with laws).

• REPUBLIC ACT 9262 or the ANTI-VIOLENCE AGAINST WOMEN and THEIR CHILDREN ACT (AVAWCA) of 2004 provides 4 types of violence or abuses:1.Physical Abuse2.Sexual Abuse3.Psychological Abuse4.Economic Abuse

• Six (6) out of Ten Filipino Families experience any or all of the 4 kinds of abuses.

• As mentioned earlier, in families where Domestic Violence exists children become AT RISK and could end up to be children in conflict with law (CICL).

• That is the new term for the so-called Juvenile Delinquents or Youthful Offenders under Republic Act 9344, the Juvenile Justice and Welfare Act of 2006

• There are situations that you might encounter in your schools where you can spot or identify children at risk of becoming CICL or children who can be victims of sexual molestation or abuse including situations of RAPE INCEST.

How can our schools be of help in situations like these?

• Are teachers trained to spot/identify children at risk of becoming CICL?

• Are teachers trained how to spot/identify VAWC victims?

• Do schools provide support groups and counseling?

• Do schools have programs on Family Violence Prevention?

• Do schools have programs on Justice and Healing:–of both doers of violence unable to

handle their anger or emotions? and/or

–Traumatized victims?

• Don’t you think that it is important for schools to be involved in Family Violence Prevention Programs and Justice and Healing because of the reality that the Philippine JUSTICE SYSTEM IS NOT able to effectively enforce, implement, observe or comply with many of our beautiful laws?

Components of the Legal SystemComponents of the Legal System

Substance:

what the law says

Substance:

what the law says

Structure:

how the law is applied

Structure:

how the law is applied

Culture:

how people regard the

law

Culture:

how people regard the

law

Figure 4. Shows the Components of the Legal System Figure 4. Shows the Components of the Legal System namely: Substance, Structure and Culture namely: Substance, Structure and Culture (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 51)Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York:

UNIFEM

Substance: Substance: What the law says = •Laws•Constitutions•Rules•Regulations, Etc.

Substanc

e:

Figure 5. Substance Figure 5. Substance (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of

Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 51)

Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

Figure 6. Structure Figure 6. Structure (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of

Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 52)

Structure: Structure: How the law is applied = •Courts •Law Enforcement •Administrative Agencies, etc.

Structure:

Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

PILLARS OF THE PHILIPPINE JUSTICE SYSTEM

Law

La

w

Enfo

rcem

ent

Enfo

rcem

ent

Pro

secu

tion

Pro

secu

tion

PA

O &

Public

PA

O &

Public

Defe

nders

Defe

nders

Court

sC

ourt

s

B J M

PB

J M

P

Corr

ect

ion &

Corr

ect

ion &

Rehabili

tati

on

Rehabili

tati

on

DSW

D &

CSS

DO

DSW

D &

CSS

DO

Com

munit

yC

om

munit

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Figure 7. Eight (8) Pillars of the Criminal Justice Figure 7. Eight (8) Pillars of the Criminal Justice System (Concept from TJI, 2004) System (Concept from TJI, 2004) (Source: Cruz-Avisado, Adoracion

(2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 52)

Figure 8. Culture Figure 8. Culture (Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy,

Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 53)

Culture: Culture: How people regard

the law = Shared attitudes

and behaviors toward the law

Culture:

Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

Changing institutions

Substance Structure

Culture

Changing the Law

Changing

People

Changing institutions

Changing institutions

Substance Structure

Culture

Changing the Law

Changing the Law

Changing

People

Changing

People

Figure 10. Components of the Legal System Figure 10. Components of the Legal System (Source: Cruz-

Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 55)

Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

If the location of the problem is analyzed to be in:

what the law says

the structures of law enforcement

attitudes and behaviors of people

The strategy will tend to emphasize:

changing, abolishing or creating new laws and policies

engaging, using challenging institutions

enabling, empowering, educating, challenging people

Schuler, Margaret (1992). Legal System. ed. Freedom from Violence: Women Strategies from Around the World. New York: UNIFEM

UDHRUDHR

UNCEDAWUNCEDAW

1987 Philippine Constitution1987 Philippine Constitution

RA 7192RA 7192 (Women in Nation Building Law)

RA 7877RA 7877 (Anti-Sexual Harassment Law)

Policy Trail

Beijing 12Beijing 12 Platform for Action for Women

RA 8353RA 8353 (Anti-Rape Law)

RA 8505RA 8505 (Rape Victims Assistance and Protection Law)

RA 9208RA 9208 (Anti-Trafficking in Persons Act of 2003)

RA 9262RA 9262 (Anti-Violence Against Women and Their Children Act of 2004)

E.O. 273E.O. 273

DBM, NEDA, NCRFW Joint Circular DBM, NEDA, NCRFW Joint Circular 2004-12004-1

RA 9344 RA 9344 (Juvenile Justice and Welfare Act of 2006)

RA 9710 RA 9710 (Magna Carta of Women)

• Let us have a brief review of the Laws or the Substance portion of the Legal Components and how the Structures and Culture impact on the laws.

UDHR preamble states:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of (hu)mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if (hu)man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations, ---

• We are aware of the long drawn peace negotiation between the Philippine government and the NDF as well as the PH and the MILF

• Unless we arrive at the much needed peace especially here in Mindanao many people, many women, many children are caught in situations of armed conflict and cannot live normal lives.

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Our government committed to the Universal Declaration of Human Rights passed by the United Nations in 1948.

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood/ sisterhood.

Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 27. 1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

UNCEDAWArticle 1. For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 2. States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

a)To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

b) xxxc) xxxd) xxx

e) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

f) To repeal all national penal provisions which constitute discrimination against women.

Article 6. States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

Article 5. States Parties shall take all appropriate measures:

a)To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

Section 10. The State shall promote social justice in all phases of national development.

1987 Philippine Constitution provides under Article II. Declaration

of Principles and State Policies

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

• On August 4, 1988, the Family Code of the Philippines took effect.

• There are 3 important provisions that are meant to stop stereotyping of roles in the homes and promote mutuality in relationships of spouses.

• Article 68 - The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

• Article 71 provides shared household management…

• Article 211 provides for shared parenting…

RA 7192 an act promoting the integration of

women as full and equal partners of men in development and nation building and for other purposes

Section 2. The State shall provide women rights and opportunities equal to that of men. 

To attain the foregoing policy: 

1)xxx

2)xxx

3)All government departments and agencies shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein. therein.

Section 5. Equality in Capacity Section 5. Equality in Capacity to Act.to Act. Women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to that of men under similar circumstances. 

In all contractual situations where married men have the capacity to act, married women shall have equal rights. 

To this end:

1. Women shall have the capacity to borrow and obtain loans and execute security and credit arrangement under the same conditions as men;  (2) xxx; 

2. xxx

3. xxx

4. In all other similar contractual relations, women shall enjoy equal rights and shall have the capacity to act which shall in every respect be equal to those of men under similar circumstances. 

Section 6. Equal Membership in Clubs. Women shall enjoy equal access to membership in all social, civic and recreational clubs, committees, associations and similar other organizations devoted to public purpose. They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the same organization. 

Section 7. Admission to Military Schools. Any provision of the law to the contrary notwithstanding, consistent with the needs of the services, women shall be accorded equal opportunities for appointment, admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police not later than the fourth academic year following the approval of this Act in accordance with the standards required for men except for those minimum essential adjustments required by physiological differences between sexes. 

RA 7877an Act Declaring Sexual

Harassment Unlawful in the Employment, Education or Training

Environment, and for Other Purposes

Section 2. Declaration of Policy states: The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

SEC. 3. Work, Education or Training-related Sexual Harassment Defined – Work, Work, education or training-related sexual education or training-related sexual harassment is committed by an harassment is committed by an employer, employee, manager, employer, employee, manager, supervisor, agent of the employer, supervisor, agent of the employer, teacher, instructor, professor, coach, teacher, instructor, professor, coach, trainor, or any other person who, having trainor, or any other person who, having authority, influence or moral ascendancy authority, influence or moral ascendancy over another in a work or training or over another in a work or training or education environment, demands, education environment, demands, requests or otherwise requires any requests or otherwise requires any sexual favor from the other, regardless of sexual favor from the other, regardless of whether the demand, request or whether the demand, request or requirement for submission is accepted requirement for submission is accepted by the object of said Act. by the object of said Act.

a) In a work-related or employment environment, sexual harassment is committed when:

1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

b) In an education or training environment, sexual harassment is committed:

1) Against one who is under the care, custody or supervision of the offender;

2) Against one whose education, training, apprenticeship  or tutorship is entrusted to the offender;

3) When the sexual favor is made a condition to the giving  of a passing grade, or the granting of honors and scholarships,  or the payment of a stipend, allowance or other benefits,  privileges, or consideration; or

4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or  apprentice.

• Any person who directs or induces another to commit any  act of sexual harassment as herein defined, or who cooperates  in the commission thereof by another without which it would  not have been committed, shall also be held liable under this  Act. 

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedures for the investigation of sexual harassment cases and the administrative sanctions therefore.

• Question: Do you now have CODI’s in your schools?

• Need to CREATE A COMMITTEE ON DECORUM AND INVESTIGATION (CODI) UNDER RA 7877 even before any complaint is filed.

RA 8353an act expanding the definition of

the crime of rape, reclassifying the same as a crime against

persons

RA 8505 an act providing assistance and

protection for rape victims, establishing for the purpose a Rape Crisis Center in every

province and city, authorizing the appropriation of funds therefore

RA 9208an act to institute policies to

eliminate trafficking in persons especially women and children,

establishing the necessary institutional mechanisms for the

protection and support of trafficked persons providing penalties for its violations, and for other purposes

RA 9262Anti-Violence Against Women and Their Children Act of 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR

PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE

RA 9344Juvenile Justice and Welfare

Act of 2006

• SEC. 2. Declaration of State Policy. The following State policies shall be observed at all times:

a)The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

b)The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party.

b)…continued

Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely.

b)…continued

The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.

c)The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.

d)Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as, having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration.

d)…continued

Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

d)…continued

It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.

e)The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.

f)The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law.

“Restorative Justice”• Refers to a principle which requires a

process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society.

RA 9710

An Act providing for the MAGNA CARTA OF

WOMEN

SEC. 2. Declaration of Policy. - Recognizing that the economic, political, and sociocultural realities affect women’s current condition, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome.

Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.

The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.

The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.

The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the development of the political, economic, social, and cultural realms.

The State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their families and communities to the fullest of their capabilities.

In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and services. It shall support policies, researches, technology, and training programs and other support services such as financing, production, and marketing to encourage active participation of women in national development.

“Gender Mainstreaming”• Refers to the strategy for making

women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated.

• It is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels.

Gender Sensitivity

• A perspective; A perspective;

• A way of thinking; A way of thinking;

• A manner of viewing things; A manner of viewing things;

• Conscious of the gender issue - that the other Conscious of the gender issue - that the other half of humankind is unable to enjoy life to the half of humankind is unable to enjoy life to the fullest because of gender bias; and, fullest because of gender bias; and,

• Actively promotes gender equality and equity.Actively promotes gender equality and equity.

• Respecting and Upholding Human Rights and Respecting and Upholding Human Rights and the Rule of Lawthe Rule of Law

Are our schools using Gender Fair Language that is inclusive of both male

and female?• Example: • Instead of Chairman – use Chair or

Chairperson• Men (to refer to human beings) – humanity

or human beings• When one refers to a Doctor – it refers to

both male and female, etc.• Gender Fair Language is one whole

subject

Common gender issues are: political subordination, economic marginalization, disempowerment, discrimination, stereotyping, multiple burden, violence against women, and personal dehumanization.

EQUALITY between women and men should be promoted in ways that are appropriate to each

particular context. This begins with an understanding of the current status of women and

men, their relations to each other and the interconnections between gender and other

factors. Gender analysis, as an essential part of a socio-economic analysis, offers useful questions and methods. These can be used to understand

the social relations between men and women and the interconnection of gender with other

relationships, such as those defined by race, ethnicity, culture, class, age, disability and/or

other status,

PROMOTING GENDER EQUALITYGENDER EQUALITY is both an essential

element of any development process and a result of sustainable development. Development efforts should not only aim to advance equality between women and men as an outcome, but

shall also advance equality throughout by applying GENDER ANALYSIS in planning, consultations, design, implementation and

assessment.

EQUITY and EQUALITY

Gender equity is the process of being fair to women and men. To ensure fairness,

measures must often be available to compensate for historical and social

disadvantages that prevent women and men from otherwise operating on a level

playing field. Equity leads to equality.

Efforts to achieve equality between men and women that use a one-size-fits-all approach may not account for discrimination in

the past. Provisions for equal opportunities may not take into account the unique challenges that different individuals and

groups face. That is why equity measures are necessary.

Edwards (1989) said quoting a development analyst:

“We cannot change the world successfully unless we

understand the way it works; but neither can we understand the world fully unless we are

involved in some way with the process that change it”

To attain sustainable human development CHANGE or

TRANSFORMATION has to take place. There will always be

RESISTANCE for CHANGE. The privileged few will always put up

resistance for change unmindful of the need to have EQUITY,

EQUALITY and JUSTICE in society at large.

Concepts of PowerPower is everywhere. There is no power free environment.

Power is relation between people. One always needs another to validate one’s power.

Power can be used for good or for bad.

Power seems to taste good because those who seem to have power seem to have more.

THEORIES OF POWERPOWER OVER

An either or relationship of domination/ subordination

Based on socially-sanctioned threats of violence and intimidation

Invites active and passive resistance

Requires constant vigilance to maintain

POWER TO

Power which is creative and enabling, the essence of the individual aspect of empowerment, e.g. empowerment by being able to do a certain skill or understanding how something works

POWER WITH

Empowerment through being organized and united by a common purpose or understanding

Involves a sense of the whole being greater than the sum of the individuals, e.g. collectively tackling a problem together

POWER WITHIN

Spiritual strength and uniqueness that resides in each of us and makes us truly human

Basis is self-acceptance / respect

Extends to respect for and acceptance of others as equals

How are our beautiful laws applied?

•POORLYPOORLYMisuse and Abuse of power

and connections

Repeatedly Raised ISSUES that Hamper Access to

Justice/Administration of Justice:• Political Patronage – pressures from

politicians• Padrino System – “palakasan”• Fraternal Ties – strategic placement of

brods/sis• Blood Relationship – Holy Cows• Graft and Corruption & Abuse of Power

and Authority– Preferential Treatment– Pro-Rich and Well-Connected

Lack of:Lack of:• IndependenceIndependence

• ImpartialityImpartiality• EffectivenessEffectiveness

• EfficiencyEfficiency• Gender SensitivityGender Sensitivity

• Compliance of the Code of Compliance of the Code of Professional Ethics and ResponsibilityProfessional Ethics and Responsibility

• ProfessionalismProfessionalism• Positive Values and Spirituality Positive Values and Spirituality

(Delicadeza)(Delicadeza)

POINT of REFLECTION for EDUCATORS

We used to have upright, honest, dignified society

• According to those teaching Sikolohiyang Pilipino (SP), we used to be “TARONG” as a people.

• We are believers in God

• (Sumasampalataya tayo sa DIYOS)

• Generally, we are honest and trustworthy

• (Mapagkakatiwalaan)

BUT, so many people got LOST along the way.

If you listen to stories of injustices it would seem that we are a Godless

society.

Many of our LEADERS in government whether

LOCAL or NATIONAL are misusing or abusing their

power and authority

Many of them are our graduates

They are Graduates of schools that belong to the

CEAP

From Presidents to Senators, Representatives, Justices,

Judges, Governors, Mayors, etc.

• In my dissertation entitled: Truth Telling, Forgiveness and Healing; Keys to Gender Mainstreaming in the Judiciary.

• I found out that we cannot succeed in transforming the mindsets of many justices and judges because of the Intertwining Culture of Patriarchy, Corruption and Impunity

• By employing Qualitative Research using Collective Case Study and Feminist Approaches, I found out that one of the main reasons for miscarriage of justice is because of fraternity ties.

• Some members of Law School Fraternities who became justices, judges, prosecutors, political leaders admit that they strategically place their brods or sis in key positions in government and that they are able to fix cases.

• By FIXING CASES, miscarriage of JUSTICE HAPPEN A LOT.

• The sub-culture of corruption that results in IMPUNITY allow the criminals to go scot-free. There is breakdown of Law and Order.

So, there is LACK OF PEACELACK OF PEACE

everywhere: In homes, communities

and country at large.

• According to a respondent in a Key Informant Interview (KII) from the Supreme Court, “Gender mainstreaming is farthest from the radar screen of many justices and judges because oftentimes pera-pera ang tingin sa maraming kaso (money is the main consideration in many cases.)

• In a letter to the PDI on page A18 dated May 2, 2011 by Steve Y. Vespera, he said:

• When the Supreme Court flagrantly violates its own rule against the filing of a second motion for reconsideration, as in the case of the 16 pseudo-cities where it even allowed several such motions (resulting in triple somersaults), practicing lawyers can only shake their heads at the sheer tyranny of it. It is simply unfair and unjust that while lesser mortals have no choice but adhere to that rule under pain of contempt, demigods in the law profession could totally disregard that rule with impunity.

• Sec. 2, Rule 52, Rules of Court (see also Sec. 2, Rule 56) plainly says: “No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.” By any interpretation, it is crystal clear that the filing of such second motion is prohibited, more so a third or fourth motion. But when the Supreme Court chooses to jettison that rule anyway, it unabashedly rationalizes malarkey in this wise: when we give due course to it, it is no longer prohibited!

• If that does not insult the intelligence of lawyers practicing in this country, we wonder what will?

• So then, that rule should now be read as meaning no second motion for reconsideration shall be entertained … unless the Court deems it amusing enough? But that is being silly. The real score is, it depends on who is filing that second, third or fourth motion.

• Retired Supreme Court justices who return to private practice have been known to easily find their way around the labyrinth en route to a favorable resolution by that Court. And lest we forget, lawyer Estelito Mendoza, too, who even has the gall to write personal missives to individual justices concerning his cases—definitely a no-no for the others in private law practice.

How can schools respond to these situation that ail

the Judiciary?

TRUTH TELLING

• Reflection of our own contribution to the sub-culture of the Intertwining Culture of Patriarchy, Corruption and Impunity.

• Fr. Joel Tabora, SJ who heads the Advocacy Commission of the CEAP and the President of Ateneo de Davao University was quoted in the Editorial of Sunstar Davao during the launch of a book published by ADDU entitled: Kakistocracy.

The Editorial reads:

• TO SAY that the room full of people who listened to new Ateneo de Davao University president Fr. Joel E. Tabora SJ was impressed is an understatement. In Tuesday's launching of Dr. Ronnie V. Amorado's new book on corruption, "Kakistocracy: Rule of the unprincipled, unethical and unqualified", the mix of government and non-government organization representatives and the academe were more than impressed.

• Others may even have been a bit perplexed on whether they were listening to a university president or a street parliamentarian.

• Taking the cudgels for the fight against corruption, Fr. Tabora specifically pointed out the role of the universities, no matter what leanings and religions, specifically at the tertiary level.

• The crimes brought about by corruption need to reach the classrooms, he said, and "not sit in some outreach office" of the university.

• "Students must be formed to respond to these ills with disgust, with anger, with moral outrage; forming in the student his commitment to change," he said. "The university must be involved in very serious moral development so that when students hear of these things, they will not say, that's God's will."

• Rather, he said, there must be a way of getting people angry about what we have allowed our government to be -- corrupt and manned (GFL: run/managed) by the unprincipled, unethical, and unqualified -- and this can only emanate from the central teachings of the university.

• "The university must make its contribution against corruption first and foremost in the products that the university produces, and here we have not done well enough in the academe," he said.

• This is so because all the big scams and scandals were perpetrated or involved men and women in government who came from the country's best universities.

• In recognizing that the academe itself shares the blame for the avarice we are now witnessing in the halls of power somehow sheds light on how we as a people should approach reforms and the return to a moral and ethical bureaucracy. There's no room for finger pointing here, everyone shares the blame; including the person who handed a hundred peso bill to the traffic enforcer to get away without being issued a ticket.

• But beyond just admission of guilt should be a response that is rationale and actionable based from information that have been gathered painstakingly and woven to achieve actionable recommendations through "genuine thought" to basic questions like what is really the problem and what really can and ought to be done.

• "We can't sit and say we sit in judgment of the world. We must sit in judgment of ourselves," Fr. Tabora said in exhorting the academe to do their best in forming students who will stand on moral grounds, as well as in urging the academic community to be disturbed because so many of the corrupt people "are coming from our schools".

• And we say, amen.– Published in the Sun.Star Davao

newspaper on May 18, 2011

Clearly there is an Intertwining Culture of Patriarchy,

Corruption and Impunity in our Justice System

CULTURE OF PATRIARCHY

SUB-CULTURE OF IMPUNITY

SUB-CULTURE OF CORRUPTION

DOMINATION AND SUBORDINATION“POWER OVER”

CONDUCT

Fraternity Ties Patronage Politics

Money and Power

CULTURE OF PATRIARCHY

SUB-CULTURE OF IMPUNITY

SUB-CULTURE OF CORRUPTION

DOMINATION AND SUBORDINATION“POWER OVER”

CONDUCT

Fraternity Ties Patronage Politics

Money and Power

(Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 54)

The 8 Pillars of Justice SystemThe 8 Pillars of Justice SystemLa

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Enfo

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Enfo

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Pro

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Defe

nders

Defe

nders

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B J M

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ect

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Corr

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Rehabili

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Rehabili

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DSW

D &

CSSD

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D &

CSSD

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Com

munit

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munit

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PublicDefenders

Prosecutors

BJMP

(DILG)

DSWD

BUCOR(DOJ)

Law EnforcerPolice

NBI Agents

JUDICIARYJUDICIARY

Clutches of Dirty Clutches of Dirty PoliticiansPoliticians

Clutches of Dirty Clutches of Dirty PoliticiansPoliticians

Power & Power & Game of Game of Money of Money of

Dirty Dirty PoliticiansPoliticians

Power & Power & Game of Game of Money of Money of

Dirty Dirty PoliticiansPoliticians

PublicDefenders

Prosecutors

BJMP

(DILG)

DSWDDSWD

BUCOR(DOJ)

Law EnforcerPolice

NBI Agents

JUDICIARYJUDICIARY

Clutches of Dirty Clutches of Dirty PoliticiansPoliticians

Clutches of Dirty Clutches of Dirty PoliticiansPoliticians

Power & Power & Game of Game of Money of Money of

Dirty Dirty PoliticiansPoliticians

Power & Power & Game of Game of Money of Money of

Dirty Dirty PoliticiansPoliticians

Lifted from page 141 of Adoracion P. Cruz-Avisado’s (ACA’s) Dissertation on Truth Telling, Forgiveness and Healing: Keys to Gender Mainstreaming in the Judiciary

• The patronage system has long been existing in our country. That is a principal source of abuse of power and authority of many.

• Since the justice system is not working properly, corruption and abuses, remain unchecked and the CULTURE OF IMPUNITYCULTURE OF IMPUNITY prevails.

THUS, WE CANNOT HAVE GENUINE PEACE at HOME, in the COMMUNITY and the

COUNTRY at LARGE

• The prevailing culture shows Power OverPower Over that result in:–Domination and Subordination

–Discrimination and Marginalization

–Cruelty in Human Acts

–Tyranny and Oppression

–Terrorism and Killings

JUSTICEJUSTICE

• The Intertwining culture can be reversed through the Counter Culture of EQUITY and EQUALITY, HONESTY and UPRIGHT LIVING and CULTURE UPHOLDING THE RULE OF LAW and HUMAN RIGHTS.

CULTURE OF EQUALITY AND EQUITY

CULTURE OF HONESTY AND

UPRIGHT LIVING

CULTURE UPHOLDING RULE

OF LAW AND HUMAN RIGHTS

LOVE, JUSTICE and PEACE

Power with People

Power to Transform for

the Good

Power Within

CULTURE OF EQUALITY AND EQUITY

CULTURE OF HONESTY AND

UPRIGHT LIVING

CULTURE UPHOLDING RULE

OF LAW AND HUMAN RIGHTS

LOVE, JUSTICE and PEACE

Power with People

Power to Transform for

the Good

Power Within

(Source: Cruz-Avisado, Adoracion (2010). Intertwining Culture of Patriarchy, Corruption and Impunity; Journey in Advocacy for the Transformation of the Justice System. ADDU-RPO. Page 108)

How do we integrate in our Peace Education the

proper use of power?

Challenges to our Schools

How do we push for Applied Human Rights, Gender

Equality and Ethics in the Administration of Justice in

our Law Schools?

How do our schools respond to the call for:

RESTORATIVE JUSTICE?

How do we integrate COUNTER CULTURE in teaching our students?

We know that culture shapes people. But,

people shapes culture.

How do we contribute to the nation building not only by

advocating for good governance but ensuring that

our students become good citizens and individuals?

How do we build good citizenship by building

character in our Formation and Training of those who come to our schools, etc.?

• That ends the Input.

• Thank you and God Bless…

Open Forum and Proposed Resolutions

Some proposed Resolutions on the table for the consideration of

the group in this Concurrent Session:

Proposed Resolutions:

1. Mainstreaming GAD

2. Compliance with RA 7877 – create Sexual Harassment Free School

3. Strengthen Peace Education in school

4. Support advocacy for the transformation of the Justice System and Judicial Reform in particular

5. Support advocacy for Family Violence Prevention Programs (FVPP)

6. Support advocacy for Justice and Healing

7. Support advocacy and respond to the call for Restorative Justice

8. Support call for education on Applied Human Rights, Gender Equity and Equality and Ethics in Administration of Justice in all Law Schools

9. Law Schools increase points on Legal Ethics in Bar Exams

10.Support call for counseling and promote Culture of Love, Justice and Peace